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FL H1051

FL H1051
Community Development District Recall Elections


summary

Introduced
01/06/2026
In Committee
01/21/2026
Crossed Over
Passed
Dead

Introduced Session

2026 Regular Session

Bill Summary

An act relating to community development district recall elections; creating s. 190.0071, F.S.; defining terms; providing that certain members of the governing body of a community development district may be removed by the electors of the community development district; providing that only specified electors are eligible to sign the petition to recall such members under specified circumstances; requiring that a petition to recall a member contain specified information; requiring separate petitions for each member sought to be recalled; requiring a specified percentage of electors to sign the petition; requiring that such signatures be obtained and submitted within specified timeframes; requiring the designation of a recall committee and chair of such committee; providing that the committee and the member to be recalled are subject to specified provisions; providing the grounds for removal of elected members; requiring each elector to sign and date petitions; requiring that each petition contain specified information; requiring that a petition be filed with the clerk in a specified manner by the chair of the committee; prohibiting the petition from being amended after it is filed; requiring the clerk to submit the forms to the supervisor of elections to promptly verify signatures and make a certain determination; requiring the committee to pay in advance for such verification; providing for the duties of supervisors in each county if the community development district lies in more than one county; requiring that specified papers and forms be available in alternative formats upon request; requiring the clerk to make a certain certification under specified circumstances; requiring the clerk to serve a certified copy of the petition upon the person sought to be recalled under a specified circumstance; authorizing such person to submit a certain response within a specified timeframe; requiring the clerk to prepare a specified document within a specified timeframe; specifying requirements for such document; requiring the clerk to deliver such document to the chair of the committee and take his or her receipt therefor; authorizing the committee to circulate the petition; requiring that all signatures be obtained and all forms filed with the clerk within a specified timeframe; requiring the supervisor to determine the number of valid signatures and certify that the requisite percentage of electors signed the petition; requiring that the supervisor be paid a specified sum for each name checked; providing for the duties of the supervisor of each county if the community development district lies in more than one county; requiring the clerk to certify specified determinations made and provide a certain notice to the governing body of the community development district; requiring that, under a specified condition, recall proceedings be terminated and petitions not be used again; providing that a member designated in the petition may resign and that such resignation is irrevocable; requiring the governing body to fill certain vacancies according to the applicable law; requiring the chief judge of the judicial circuit to fix a day for holding the recall election, which must be held within a prescribed timeframe under specified conditions; requiring that the ballots include specified information; prescribing procedures for holding special elections to fill vacancies created by the recall petition; providing for the filling of a vacancy created by a member resigning before the recall election; prohibiting a member from being the subject of a recall petition until the member has served a specified portion of his or her term of office; prohibiting a member removed by recall or resignation from being eligible to be appointed to the governing body for a specified timeframe after his or her removal; requiring the clerk to preserve the petitions and related papers for a specified timeframe; prohibiting a person from impersonating another, purposely writing his or her name or residence falsely, or signing any paper with certain knowledge; prohibiting a person from employing or paying another to accept payment for circulating or witnessing petitions; providing criminal penalties; providing legislative intent; providing applicability; amending s. 190.006, F.S.; providing that certain board members of community development districts are subject to specified election recall provisions; providing an effective date.

AI Summary

This bill establishes a new process for recalling elected members of a community development district's governing body, which are special districts created to manage development and provide services in specific areas. The bill defines "Clerk" as either the local government's clerk or the clerk of the circuit court, depending on how the district was established, and "District" as the specific area within the community development district that elects a board member. It allows electors to remove board members for specific reasons such as malfeasance, misfeasance, neglect of duty, or incompetence, requiring a petition signed by at least 10% of eligible electors within a 30-day period, with separate petitions for each member. A recall committee must be formed, and the process involves signature verification by the supervisor of elections, with the committee responsible for advance payment for this service. If the petition is validated, the member can submit a defense, and then a recall election is held, with specific procedures for ballot content and filling any resulting vacancies, including prohibitions on recalled members being reappointed for two years and penalties for petition fraud. The bill also clarifies that board members elected by district electors are subject to these recall provisions and takes effect on July 1, 2026.

Committee Categories

Government Affairs

Sponsors (2)

Other Sponsors (1)

Intergovernmental Affairs Subcommittee (H)

Last Action

House State Affairs Committee Hearing (08:30:00 2/17/2026 ) (on 02/17/2026)

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