Florida/Georgia Personal Injury & Workers Compensation

...of elections from processing the petitions. Thornber v. Evans, Case No. 81-1532, Circuit Court for Okaloosa County. The court found that the petitions against Thornber and Franklin were filed within one month after they were elected, in violation of § 100.361(6), Fla....

...ve pursuant to the Tampa City Charter seeking to repeal a city ordinance through a city-wide vote. When the Committee obtained the requisite number of signatures, it submitted the petition to Krivanek to count and validate the signatures pursuant to section 100.361(d), Florida Statutes (1991)....

...Gen., and Sharyn L. Smith, Asst. Atty. Gen., Tallahassee, for intervenor. ALDERMAN, Justice. We have for review on direct appeal a final judgment in which the circuit court of Volusia County upheld the constitutionality of the Municipal Recall Law, section 100.361, Florida Statutes (1977), and found that the challenged municipal recall petition is legally sufficient....

...Lissenden Co. v. Board of County Commissioners, 116 So.2d 632 (Fla. 1959). Appellant Lillian Bent is a duly elected commissioner of the City of New Smyrna Beach. Appellee Stuart Ballantyne is the designated chairman of an unincorporated group organized under section 100.361 for the purpose of recalling Bent from office....

...in office," and alleges four specific grounds to support the charge. The petition was then filed with the city clerk and thereafter submitted to the county supervisor of elections who determined that the petition contained the signatures required by section 100.361(1)(a). The city clerk then prepared and delivered to Ballantyne the counterpart petition prescribed by section 100.361(1)(f)....

...The complaint alleged that the recall petition was unlawful because the grounds for removal stated in the petition, even if true, were insufficient as a matter of law to satisfy the statutory requirement of misfeasance, malfeasance, or incompetence. The complaint also challenged the constitutionality of section 100.361. Following a hearing, the circuit court entered a temporary injunction restraining the supervisor of elections from verifying the counterpart petition. The circuit court subsequently entered final judgment against Bent. It expressly found section 100.361 to be constitutional and held that, even though only ground two of the four grounds contained in the petition sufficiently set forth facts, which, if true, would constitute a ground for removal, this ground was sufficient to sustain the petition....

...*353 The facts alleged in ground two of the recall petition are not sufficient to establish a prima facie charge of malfeasance. Florida's recall statute is accusatory in nature and requires that a recall petition allege conduct by the public official which would constitute one of the seven grounds for removal listed in section 100.361(1)(b)....

...y charter. Accordingly, the final judgment of the circuit court is reversed, and the cause is remanded for proceedings consistent with this opinion. ADKINS, BOYD, OVERTON and HATCHETT, JJ., concur. ENGLAND, C.J., and SUNDBERG, J., dissent. NOTES [1] Section 100.361(1)(b), Fla....

...The recall was based upon a claim that Thompson had violated the terms of Florida's Sunshine Law. The complaint averred that the recall petition failed to set forth facts which, if true, would demonstrate malfeasance in office, and thus the petition failed to contain legal grounds for recall as set forth in section 100.361 of the Florida Statutes....

...tion of the statute to the facts of a particular case; the former may be raised for the first time on appeal, whereas the latter must first have been raised at the trial level). AFFIRMED. SAWAYA and MONACO, JJ., concur. NOTES [1] That statute reads: 100.361....

...to the following and must be contained in the petition: 1. Malfeasance; 2. Misfeasance; 3. Neglect of duty; 4. Drunkenness; 5. Incompetence; 6. Permanent inability to perform official duties; and 7. Conviction of a felony involving moral turpitude. § 100.361(1)(a), (b), Fla....

...r of the initiative process. See id. In Abreau v. Cobb, 670 So.2d 1010 (Fla. 3d DCA 1996), cause dismissed, Case No. 88,081 (Fla. Dec. 11, 1996), a recall petition was challenged on the basis that it did not state grounds for removal in violation of section 100.361(1)(b), Florida Statutes (1995)....

approve the form of the petitions. Fla.Stat.Ann. § 100.361(3).4 Thus, the instant petitions, in English only

...to recall appellant from his office as Lake Wales City Commissioner. The operative facts are simply stated. Several appellees caused to be filed with the City Clerk the following Petition for Recall in compliance with the Municipal Recall Statute — § 100.361 (F.S....

...In addition, the court denied appellant's oral motion to strike subparagraphs (b) through (e) of the recall grounds, and dismissed the proceedings with prejudice. The court, properly we think, ruled that the allegations contained in subparagraph (a) constituted legally sufficient grounds for recall within § 100.361, supra. Under the statute, an allegation of "malfeasance" will support recall proceedings. § 100.361 (1) (b) (F.S....

...[1] Certainly where a city official violates an express prohibition in the City Charter such violation is a sufficient "illegal" act as to constitute "malfeasance" within contemplation of the statute. We agree with the trial court that subparagraph (a) thus sufficiently alleges "malfeasance" within the meaning of § 100.361(1)(b), supra....

...There is absolutely no truth nor justification to any of the charges levied against me. Please show your support for my eight years of dedicated service to this community by not signing this petition. The Recall Committee obtained the necessary signatures and then pursuant to section 100.361 of the Florida Statutes (1985), notified the circuit court to set a date for a recall election....

...After a hearing, the trial court entered an order denying Moultrie's Motion and the recall election was scheduled for December 9, 1986. The issue is whether the trial court erred in not enjoining the recall election of Councilman Moultrie. We believe it did. Section 100.361(1)(b), Florida Statutes (1985), provides the grounds for the removal of an elected municipal official: (b) The grounds for removal of elected municipal officials shall, for the purposes of this act, be limited to the following: 1....

...2d DCA *996 1976); and Bent v. Ballantyne, 368 So.2d 351 (Fla. 1979). This court's sole function in the case at bar is to review the petition to determine whether the facts alleged in the recall petition are sufficient to establish any grounds for recall pursuant to section 100.361(1)(b)....

...Bagley, 418 So.2d 1156, Case No. AG-179, released this date, involve an attempt to recall members of the municipal government of Fort Walton Beach. Of relevance here is the fact that the trial court entered a temporary and then a final injunction halting the recall effort. Section 100.361(6), Florida Statutes (1979), provides: When petition may be filed — Except as otherwise provided, no petition or recall of any member of the governing body of a municipality shall be filed until he has served 1/4 of his term of office......

...Accordingly, we find the argument without merit. We further note that appellee's brief argues at some length about the merits of the allegations in the recall petitions. The merits of the allegations are irrelevant to the issue on appeal. As for the merits, we find the provision of Section 100.361(7) to be straightforward and unambiguous. Accordingly, the decision of the trial judge is AFFIRMED. LARRY G. SMITH and THOMPSON, JJ., concur. NOTES [1] The argument focused on the "as otherwise provided" language of Section 100.361(6) and the language of Section 100.361(1)(b)....

...to the notice mailed pursuant to subsection (1) within 3 years from the date the last such notice was mailed to him, and such person shall be required to reregister to have his name restored to the registration books. The supervisor has a duty under Section 100.361(d), Florida Statutes, to determine whether the "petition contains the required valid signatures." The Supervisor maintains that she did not breach this duty when she rejected the 462 signatures because persons temporarily withdrawn from the rolls are no longer qualified voters....

...See § 98.081(2), Fla. Stat. In addition, TBT argues that Section 98.081(1) specifically states that it is not requiring reregistration, but is merely setting up a method for bookkeeping. Therefore, TBT argues that the Supervisor breached her duty pursuant to Section 100.361(d) and (h), Florida Statutes, to count the number of valid signatures on the petition....

...Eligibility to petition is prescribed by ordinance and statute. Section 10.07 of the Tampa City Charter provides that "qualified voters" may petition and that *532 the form and content of the petition shall be as provided for under the provision relating to recall of officers (§ 100.361(1), Fla. Stat.). Section 100.361, Florida Statutes, provides that "electors of a municipality" are eligible to sign the petition....

...ould be included in the count because they are "qualified voters;" [sic] however, the method of determining the number of signatures required is not before the court. B. ELECTORS WHO SIGN A PETITION PURSUANT TO § 10.07 OF THE TAMPA CITY CHARTER AND § 100.361, FLA....

...In December, 1994, District 7 residents who had voted for Ferre filed a declaratory judgment action to prohibit Harvey Ruvin, Clerk of the Courts, from certifying the latest petition based on the petition's filing within one year of the July petition [1] and the failure to contain grounds for the election as required under § 100.361(1)(b), Fla.Stat....

...-trial motions this appeal ensued. We agree with the appellants *1012 contention that the recall petition complied with the Dade County Charter. [3] Therefore, the court erred in finding that the petition was null and void for failure to comply with § 100.361(1)(b)....

...VIII, Fla. Const. 1885, carried forward by § 6(e), Art. VIII, Fla. Const. 1968. The opinion further stated that because of this constitutional provision, the terms of the Dade County charter relating to the recall of any commissioner would prevail over § 100.361. Similarly, Attorney General Opinion 079-38 concludes that § 100.361 Fla....

...NOTES [1] Section 7.02(7) of Art. 7 of the Dade County Charter states, "[n]o recall petition against such officer shall be certified within one (1) year after he takes office nor within one (1) year after a recall petition against him is defeated." [2] Section 100.361(1)(b) requires a recall petition to make a statement of the grounds for recall, and limits the grounds for removal to malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties, and conviction of a felony involving moral turpitude....

that the recall petition, filed pursuant to section 100.361, Florida Statutes (2009), is legally insufficient

...The appellate court noted that the additional allegations "would likely surface during a campaign anyway." Id. at 92. The recall statute requires the approval of a petition by a substantial number of voters before a recall election may be scheduled pursuant to that petition. § 100.361, Fla....

signed by at least 15% of qualified voters. See § 100.361, Fla. Stat. (1997). By September 4, 1998, the

duties while serving a municipal purpose. Section 100.361, F.S., sets forth the statewide uniform recall

FOR THE RECALL OF THE MAYOR? Question One Section 100.361, F.S., sets forth with particularity the uniform

four commissioners, should they not resign. Section 100.-361(2), Florida Statutes (1977). One judge dissenting

declare that the recall petitions violated section 100.361(l)(c), since the circulator affidavits required

signatures on such petitions to four years.2 Section 100.361(1), Florida Statutes, which prescribes the

purports to be a recall petition made pursuant to Section 100.-361 F.S. The authority to make such a determination

charter of any municipality in Dade County, section 100.361 did not have the effect of amending or repealing

Appellee, Craig Oates, filed a petition under section 100.361, Florida Statutes (2022), to recall Burton

public importance: * Do the provisions of section 100.361 [Florida Statutes (1987) ] apply to a municipality

subsequent to the effective date of Ch. 74-130. Section 100.361 appears to be limited in scope to recall only

sufficient to premise a recall election pursuant to section 100.361, Florida Statutes (1997). All of the parties

for municipal recall election according to Section 100.361, Florida Statutes (1979). Both here and in

Judge. At issue is whether the provisions of section 100.361, Florida Statutes (1979), which relate to the

of the seven grounds for removal listed in section 100.361(1)(b).' (Emphasis supplied.) Bent v. Ballantyne

insufficient under Florida’s recall statute, section 100.361, Florida Statutes (2015), I. Billing itself

proceedings for a recall election pursuant to section 100.361, Florida Statutes (1987). We grant the writ

chair of the recall committee as required by section 100.361(l)(a)(6), Florida Statutes (2000), we reverse

Your question is answered in the affirmative. Section 100.361(1), F. S., provides, in relevant part: