S 1180

ENROLLED
2026 Legislature  CS for CS for SB 1180
                                                      20261180er
1
2An act relating to community development districts;
3amending s. 125.572, F.S.; providing that specified
4provisions regarding synthetic turf do not apply to
5community development districts enforcing deed
6restrictions; amending s. 190.003, F.S.; revising the
7definition of the term “compact, urban, mixed-use
8district”; creating s. 190.0071, F.S.; defining terms;
9authorizing the removal of certain members of the
10board of supervisors of a community development
11district by recall; specifying requirements for the
12recall procedure; specifying the grounds for recall of
13elected members; providing for the designation of a
14recall committee and committee chair; specifying
15requirements for a recall petition; providing that the
16recall committee and the member sought to be recalled
17are subject to specified campaign financing
18requirements; specifying requirements for certain
19petitions and signatures; specifying requirements for
20filing signed petitions; prohibiting the petition from
21being amended after it is filed; providing an
22exception; requiring the clerk to make certain
23notifications within a specified timeframe; specifying
24requirements for the verification of signatures on a
25certain petition; requiring the committee to pay in
26advance to the supervisor of elections the actual cost
27of such verification; providing requirements for
28supervisors of elections when verifying signatures;
29requiring the clerk to take specified actions if the
30supervisor makes certain determinations regarding the
31number of signatures; providing that a recall petition
32deemed insufficient may not be used in another
33proceeding; authorizing an elector to request that his
34or her name be removed from certain petitions in a
35specified manner; requiring the clerk to take certain
36actions in response to such request for removal;
37specifying requirements for a Record of Recall
38Proceedings; specifying requirements for a recall
39referendum; requiring that ballots at such referendum
40meet certain specifications; requiring that a recall
41referendum be canceled in certain circumstances;
42specifying that certain resignations are irrevocable;
43requiring that the district promptly provide a certain
44copy to the clerk and the supervisor within a
45specified timeframe; providing that a board member
46subject to recall immediately ceases to hold office if
47a majority of qualified electors approves the recall;
48requiring that vacancies created by recall be filled
49in a specified manner; providing that recall
50proceedings are terminated if a majority of qualified
51electors does not approve the recall; prohibiting
52certain persons from being eligible for appointment to
53the board of supervisors for a specified timeframe;
54requiring the clerk to preserve certain papers for a
55specified timeframe; prohibiting certain actions
56related to the specified petitions; providing
57penalties; amending s. 190.006, F.S.; providing that
58certain board members of community development
59districts are subject to specified election recall
60provisions; providing an effective date.
61
62Be It Enacted by the Legislature of the State of Florida:
63
64Section 1. Subsection (3) of section 125.572, Florida
65Statutes, is amended to read:
66125.572 Regulation of synthetic turf.—
67(3)(a) Upon the Department of Environmental Protection
68adopting rules pursuant to subsection (4), a local government
69may not:
701.[(a)] Adopt or enforce any ordinance, resolution, order,
71rule, or policy that prohibits, or is enforced to prohibit, a
72property owner from installing synthetic turf that complies with
73Department of Environmental Protection standards adopted
74pursuant to this section which apply to single-family
75residential property.
762.[(b)] Adopt or enforce any ordinance, resolution, order,
77rule, or policy that regulates synthetic turf which is
78inconsistent with the Department of Environmental Protection
79standards adopted pursuant to this section which apply to
80single-family residential property.
81(b)This subsection does not apply to the adoption or
82enforcement of any resolution, order, rule, or policy by a
83community development district to enforce deed restrictions.
84Section 2. Subsection (7) of section 190.003, Florida
85Statutes, is amended to read:
86190.003 Definitions.—As used in this chapter, the term:
87(7) “Compact, urban, mixed-use district” means a district
88consisting of a maximum of 75 acres which is located within a
89municipality, and within either a qualified opportunity zone
90designated by the United States Department of the Treasury
91pursuant to 26 U.S.C. s. 1400Z-1 or a community redevelopment
92area created pursuant to s. 163.356, which district [that]
93[consists of a maximum of 75 acres, and] has development
94entitlements of:
95(a) At least 400,000 square feet of retail development and
96500 residential units; or
97(b)At least 250,000 square feet of commercial development
98and 500 residential rental units that are affordable for very
99low-income, low-income, or moderate-income persons, as defined
100in s. 420.0004, s. 420.602, or s. 420.9071.
101Section 3. Section 190.0071, Florida Statutes, is created
102to read:
103190.0071Community development district recall.—
104(1)DEFINITIONS.—As used in this section, the term:
105(a)“Clerk,” as the context requires, means:
1061.If the community development district was established by
107ordinance of a local general-purpose government pursuant to s.
108190.005(2), the clerk of such local general-purpose government.
1092.If the community development district was established by
110rule of the Florida Land and Water Adjudicatory Commission
111pursuant to s. 190.005(1), the clerk of the circuit court of the
112county that contains a majority of the qualified electors of the
113district.
114(b)“Subdistrict” means the area or region previously
115contained in a community development district that has been
116merged with one or more other community development districts to
117form a surviving merged district pursuant to s. 190.046.
118(2)APPLICATION.—Any member of the board of supervisors of
119a community development district who is elected to the board by
120the qualified electors of the community development district may
121be removed from office by the qualified electors of the
122district. To be subject to recall, the member must have served
123at least one-fourth of his or her term of office at the time a
124petition is filed as provided in subsection (4). If the member
125represents a subdistrict and is elected only by electors
126residing in that subdistrict, only electors residing in that
127subdistrict are eligible to sign the petition to recall that
128member and are entitled to vote in the recall election. If the
129member is elected at large by the electors of the district, all
130electors of the district are eligible to sign the petition to
131recall that member and are entitled to vote in the recall
132election. Members may be removed from office pursuant to the
133procedures provided in this section.
134(3)GROUNDS FOR RECALL.—The grounds for removal of members
135of the board of supervisors of a district elected by qualified
136electors are, for the purposes of this act, limited to the
137following reasons and must be contained in the recall petition:
138(a)Malfeasance;
139(b)Misfeasance;
140(c)Neglect of duty;
141(d)Drunkenness;
142(e)Incompetence;
143(f)Permanent inability to perform official duties; or
144(g)Conviction of a felony involving moral turpitude.
145(4)RECALL PETITION.—
146(a)Petition content.—A recall petition must contain the
147name of the board member sought to be recalled and a statement
148of grounds for recall, which are limited solely to those
149specified in subsection (3). If more than one member of the
150board of supervisors is sought to be recalled, regardless of
151whether such member is elected by the electors of a district or
152by the electors of a subdistrict, a separate recall petition
153must be prepared for each board member sought to be recalled.
154(b)Requisite signatures.—The petition must be signed by at
155least 10 percent of the total number of registered electors of
156the district or of a subdistrict.
157(c)Recall committee.—The qualified electors of the
158district making charges contained in the statement of grounds
159for recall, as well as those signing the recall petition, must
160be designated as the recall committee. A specific person must be
161designated in the petition as chair of the committee, and such
162person shall act on behalf of the committee. The recall
163committee and the board member being recalled are subject to
164chapter 106.
165(d)Signature process.—Only electors of the district or
166subdistrict, as applicable, are eligible to sign the recall
167petition. Each petition must contain appropriate lines for each
168elector’s original signature, which signature must be made in
169ink or indelible pencil; printed name; street address; city;
170county; voter registration number or date of birth; Florida
171driver license number, Florida identification card number issued
172pursuant to s. 322.051, or the last four digits of the elector’s
173social security number; and the date signed.
174(e)Filing of signed petitions.—The recall petition and its
175accompanying signature pages must be filed by the chair of the
176recall committee no later than 35 days after the date on which
177the first signature is obtained on the recall petition. The
178petition may not be amended after it is filed with the clerk,
179except as provided in subparagraph (h)3.
180(f)Notification.—The clerk shall provide written notice,
181by certified mail, to both the district’s registered agent and
182the board member subject to recall that a recall petition has
183been filed, and provide a copy of such petition, within 7 days
184of receipt of the recall petition.
185(g)Verification of signatures.—
1861.No more than 60 days after the date on which the recall
187petition is filed, the clerk shall submit the recall petition to
188the supervisor of elections, who shall promptly verify the
189signatures in accordance with s. 99.097 and determine whether
190the requisite number of valid signatures has been obtained. The
191recall committee must pay in advance to the supervisor of
192elections the actual cost of such signature verification. If the
193community development district lies in more than one county, the
194clerk must submit the recall petition to the supervisor of
195elections in each county in which the district is located. In
196such event, the supervisor of elections of each county shall
197determine the number of verified and valid signatures that have
198been submitted for their respective jurisdictions, and upon
199receipt of such determinations, the supervisor of elections of
200the county in which the clerk is located shall be responsible
201for providing the reporting required by paragraph (h).
2022.The petition and its accompanying documents provided to
203the clerk must, upon request, be made available in alternative
204formats by the recall committee as requested by the clerk.
205(h)Reporting.—
2061.If the supervisor of elections determines that the
207recall petition does not contain the requisite number of
208verified and valid signatures, the recall proceedings are
209terminated and the clerk must provide written notice of such
210insufficiency determination and termination of recall
211proceedings to the district’s registered agent, the board member
212subject to recall, and the recall committee without taking
213further action. Any recall petition deemed insufficient may not
214be used in any other proceeding.
2152.If the supervisor of elections determines that the
216petition has the requisite number of verified and valid
217signatures, the clerk must provide written notice, by certified
218mail, to the district’s registered agent and the recall
219committee of the recall petition sufficiency determination, and
220shall serve upon the board member sought to be recalled, by
221certified mail, notice of such certification and a request that
222the board member submit a rebuttal statement to the clerk within
22330 days after receipt of the request.
2243.A qualified elector may have his or her name removed
225from the recall petition by submitting a signed request in
226writing to the clerk stating such intention. Such request must
227be made no later than 30 days after the date the elector signed
228the petition. Within 7 days after a qualified elector notifying
229the clerk to remove his or her name from the recall petition,
230the clerk shall recalculate the current percentage of verified
231and valid signatures. If the clerk determines that the number of
232current verified and valid signatures falls below the threshold
233required by paragraph (b), the clerk must send written notice of
234such insufficiency determination and termination of recall
235proceedings to the district’s registered agent, the board member
236subject to recall, and the recall committee without taking
237further action.
238(5)RECORD OF RECALL PROCEEDINGS.—If the supervisor of
239elections determines that a recall petition has the requisite
240number of verified and valid signatures, and within 30 days
241after the date of receipt of the rebuttal statement or after the
242last date a rebuttal statement could have been filed, the clerk
243must prepare a document entitled “Record of Recall Proceedings.”
244The Record of Recall Proceedings must include the recall
245petition, the determination of the supervisor of elections
246regarding the amount of verified and valid signatures, and the
247rebuttal statement, if provided, or, if no rebuttal statement
248was received, an indication that none was received. The Record
249of Recall Proceedings must be sent by certified mail to the
250district’s registered agent, the board member subject to recall,
251and the chair of the recall committee. The district shall post
252the Record of Recall Proceedings on its website within 14 days
253after receipt.
254(6)RECALL REFERENDUM PETITION.—
255(a)Petition content.—Upon the receipt of the Record of
256Recall Proceedings, the recall committee may circulate a
257petition on whether a referendum to recall the board member
258should be held. A recall referendum petition must contain the
259name of the person sought to be recalled and a copy of the
260Record of Recall Proceedings.
261(b)Requisite signatures.—The signed recall referendum must
262be signed by at least 15 percent of the electors.
263(c)Signature process.—All qualified electors of the
264district are eligible to sign the recall referendum petition.
265Each recall referendum petition must contain appropriate lines
266for each qualified elector’s original signature, which signature
267shall be made in ink or indelible pencil; printed name; street
268address; city; county; voter registration number or date of
269birth; Florida driver license number, Florida identification
270card number issued pursuant to s. 322.051, or the last four
271digits of the qualified elector’s social security number; and
272the date signed.
273(d)Filing of signed petitions.—The signed recall
274referendum petition and its accompanying signature pages must be
275filed with the clerk no later than 60 days after the chair of
276the recall committee’s receipt of the Record of Recall
277Proceedings.
278(e)Notification.—The clerk shall provide written notice,
279by certified mail, to both the district’s registered agent and
280the board member subject to recall that a recall referendum
281petition has been filed, and provide a copy of such petition,
282within 7 days after receipt of the recall referendum petition.
283(f)Verification of signatures.—
2841.No more than 30 days after the date on which the recall
285referendum petition is filed, the clerk shall submit the recall
286referendum petition to the supervisor of elections, who shall
287promptly verify the signatures in accordance with s. 99.097 and
288determine whether the requisite number of valid signatures has
289been obtained. The recall committee must pay in advance to the
290supervisor of elections the actual cost of such signature
291verification. If the community development district lies in more
292than one county, the clerk must submit the recall referendum
293petition to the supervisor of elections in each county in which
294the district is located. In such event, the supervisor of
295elections of each county shall determine the number of verified
296and valid signatures that have been submitted for his or her
297respective jurisdiction, and upon receipt of such
298determinations, the supervisor of elections of the county in
299which the clerk is located shall be responsible for providing
300the reporting required by paragraph (g).
3012.The recall referendum petition and its accompanying
302documents provided to the clerk must, upon request, be made
303available in alternative formats by the recall committee as
304requested by the clerk.
305(g)Reporting.—
3061.If the supervisor of elections determines that the
307recall referendum petition does not contain the requisite number
308of verified and valid signatures, the recall vote proceedings
309are terminated and the clerk must provide written notice of such
310insufficiency determination and termination of recall vote
311proceedings to the registered agent of the district, the board
312member subject to recall, and the recall committee without
313taking further action. Any recall referendum petition deemed
314insufficient may not be used in any other proceeding.
3152.If the supervisor of elections determines that the
316recall referendum petition has the requisite number of verified
317and valid signatures, the clerk must provide written notice, by
318certified mail, to the district’s registered agent, the board
319member sought to be recalled, and the recall committee of the
320recall referendum petition sufficiency determination and the
321date, time, and location of the recall referendum.
3223.A qualified elector may have his or her name removed
323from the recall referendum petition by submitting a signed
324written request to the clerk stating such intention. Such
325request must be made no later than 30 days after the date the
326elector signed the petition. Within 7 days after a qualified
327elector notifying the clerk to remove his or her name from the
328recall referendum petition, the clerk shall recalculate the
329current percentage of verified and valid signatures. If the
330number of current verified and valid signatures falls below the
331threshold required by paragraph (b), the clerk must send written
332notice of such insufficiency determination and termination of
333recall proceedings to the district’s registered agent, the board
334member subject to recall, and the recall committee without
335taking further action.
336(7)RECALL REFERENDUM.—
337(a)Upon its confirmation that the recall referendum
338petition has the requisite number of verified and valid
339signatures, the supervisor of elections shall fix a day for
340holding the recall referendum. The supervisor of elections shall
341administer such referendum in accordance with s. 190.006(3)(d).
342The recall committee must pay in advance to the supervisor of
343elections the actual cost of holding the recall referendum.
344(b)Any recall election must be held not less than 30 days
345or more than 90 days after the certification, and at the same
346time as any other general or special election held within such
347period; but if no such election is to be held within that
348period, the referendum must be conducted at a special election
349to be held within the period aforesaid.
350(c)Notice of the recall referendum shall be published by
351the district in a newspaper of general circulation in the area
352of the district at least 14 days in advance of such referendum.
353Notice of the recall referendum shall also be mailed to each
354qualified elector at his or her last known address at least 14
355days in advance of such referendum. The board shall use and rely
356upon the official records maintained by the supervisor of
357elections and property appraiser or tax collector in each county
358in determining such addresses. The notices shall contain the
359date, time, and location of the referendum and shall include a
360statement that the Record of Recall Proceedings is available for
361review on the district’s website. The recall committee must pay
362in advance to the district the actual cost of the recall
363referendum notices.
364(d)The ballots at the recall referendum must conform to
365the following: With respect to each person whose removal is
366sought, the question must be submitted: “Shall (name of person)
367be removed as a member of the board of supervisors of (name of
368community development district) by recall?” Immediately
369following each question there must be printed on the ballots the
370two propositions in the following order:
371“...(name of person)... should be removed from office.”
372“...(name of person)... should not be removed from office.”
373(e)A recall referendum authorized by this section must be
374canceled by the supervisor of elections if the board member
375subject to the recall submits his or her resignation, which is
376irrevocable, within 20 days after notice is sent via certified
377mail pursuant to paragraph (6)(e). The district shall promptly
378provide the clerk and the supervisor of elections a copy of any
379such resignation, but no more than 7 days after receipt of such
380resignation.
381(8)FILLING OF VACANCIES CREATED BY RECALL.—
382(a)If a majority of the qualified electors of the district
383or subdistrict voting in the recall referendum approves the
384recall of the board member in the recall referendum, as
385determined by the supervisor of elections, the board member
386subject to the recall immediately ceases to hold office. The
387vacancy created by the recall must be filled by the board of
388supervisors pursuant to s. 190.006(4), except that, if three or
389more board members are recalled at the same referendum, the
390Governor must fill the vacancy pursuant to s. 114.04.
391(b)If a majority of the qualified electors of the district
392or subdistrict voting in the recall referendum do not approve
393the recall, the recall proceedings are terminated.
394(9)RESTRICTIONS ON BOARD APPOINTMENT.—A person who is
395removed by a recall pursuant to this section, or who resigns
396after a petition has been filed against him or her, is not
397eligible to be appointed to the district’s board of supervisors
398within a period of 2 years after the date of such recall or
399resignation.
400(10)RETENTION OF PETITION.—The clerk shall preserve all
401papers comprising of or connected with a petition for recall for
402a period of 2 years after such papers are filed.
403(11)OFFENSES RELATING TO RECALL PETITIONS AND RECALL
404REFERENDUM PETITIONS.—A person may not impersonate another,
405purposely write his or her name or residence falsely in the
406signing of any recall petition or recall referendum petition or
407forge any name thereto, or sign any paper with knowledge that he
408or she is not a qualified elector of the district. A person may
409not employ or pay another to accept employment or payment for
410circulating or witnessing a recall petition or recall referendum
411petition. A person who violates this subsection commits a
412misdemeanor of the second degree, punishable as provided in s.
413775.082 or s. 775.083.
414Section 4. Paragraph (e) is added to subsection (3) of
415section 190.006, Florida Statutes, to read:
416190.006 Board of supervisors; members and meetings.—
417(3)
418(e)Any board member elected to the board of supervisors by
419the qualified electors of the district pursuant to this
420subsection is subject to the recall procedures provided for in
421s. 190.0071.
422Section 5. This act shall take effect July 1, 2026.