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HomeMy WebLinkAboutCRC 10/01/2008 Handout - Initiative and Referendum Charter Provisions CITY OF OCOEE CHARTER REVIEW COMMISSION October 1. 2008 INITIATIVE AND REFERENDUM CHARTER PROVISIONS 1. Winter Garden 2. Winter Park 3. Orange County 4. Apopka 5. Orlando t' ARTICLE VI. INITIATIVE AND CITIZEN REFERENDUM Page 1 of3 //Winter Garden, Florida/CODE OF ORDINANCES, FLORIDA Codified through Ordinance No. 08-40, enacted August 14, 2008. (Supplement No. 12)/PART I CHARTER*/ARTICLE VI. INITIATIVE AND CITIZEN REFERENDUM Sec. 55. Initiative and referendum. (1) Initiative. The registered voters of the city shall have power to propose ordinances to the city commission and, if the city commission fails to adopt an ordinance so proposed without any change in substance, to adopt or reject it at a city election, but such power shall not extend to the budget or capital program or any ordinance relating to appropriation of money, levy of taxes, comprehensive planning, zoning, or salaries of city officers or employees. (2) Citizen Referendum. The registered voters of the city shall have the power to require reconsideration by the city commission of any adopted ordinance and, if the commission fails to repeal an ordinance so reconsidered, to approve or reject it at a city election, but such power shall not extend to the budget or capital program or any ordinance relating to appropriation of money, levy of taxes, comprehensive planning, zoning, or salaries of city officers or employees. Sec. 56. Commencement of proceedings. Any five (5) registered voters of the city may commence initiative or citizen referendum proceedings by filing with the city clerk an affidavit stating that they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. Promptly after the affidavit of the petitioners' committee is filed, the clerk or other official designated by the commission may, at the committee's request, issue the appropriate petition blanks to the petitioners' committee at the committee's expense. Sec. 57. Petitions. (1) Number of signatures. Initiative and citizen referendum petitions must be signed by registered voters of the city equal in number to at least ten (10) percent of the total number of voters registered to vote in the city in the calendar month prior to the month in which the petition is filed. (2) Form and content. All papers of a petition shall be uniform in size and style and shall be assembled as one (1) instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the address of the person signing. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered. (3) Affidavit of circulator. Each paper of a petition shall have attached to it when filed an affidavit executed by the circulator thereof stating that he or she personally circulated the paper, the number of signatures thereon, that all signatures were affixed in his or her presence, that he or she believes them to be the genuine signatures of the persons whose names they purport to be and that each signer had an opportunity before signing to read the full text of the ordinance http://libraryl.municode.comldefaultlDocViewI1172911/3/9 10/1/2008 ~ ARTICLE VI. INITIATIVE AND CITIZEN REFERENDUM Page 2 of3 proposed or sought to be reconsidered. (4) Time for filing citizen referendum petitions . Citizen referendum petitions must be filed within thirty (30) days after adoption by the commission of the ordinance sought to be reconsidered. Sec. 58. Procedure for filing. (1) Certificate of clerk; amendment . Within twenty (20) days after the petition is filed, the city clerk shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioners' committee by registered mail. Grounds for insufficiency are only those specified in Section 57. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' committee files a notice of intention to amend it with the clerk or other official designated by the city commission within two (2) days after receiving the copy of the certificate and files a supplementary petition with additional papers within ten (10) days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of paragraphs 1 and 2 and within five (5) days after it is filed, the clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners' committee by registered mail in the case of an original petition. If a petition or amended petition is certified sufficient, or if a petition or amended petition is certified insufficient, and the petitioner's committee does not elect to amend or request commission review under paragraph (2) of this section within the time required, the clerk shall promptly present his or her certificate to the commission and the certificate shall then be a final determination as to the sufficiency of the petition. (~) Commission review. If a petition has been certified insufficient and the petitioners' committee does not file notice of intention to amend it or if an amended petition has been certified insufficient, the committee may, within two (2) days after receiving the copy of such certificate, file a request that it be reviewed by the city commission. The city commission shall review the certificate at its next meeting following the filing of such request and approve or disapprove it, and the commission's determination shall then be a final determination as to the sufficiency of the petition. (3) Court review; New petition. A final determination as to the sufficiency of a petition shall be subject to court review. A final determination of insufficiency, even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose. Sec. 59. Action on petitions. (1) Action by commission. When an initiative or citizen referendum petition has been finally determined sufficient, the city commission shall promptly consider the proposed initiative ordinance in the manner provided in Article II or reconsider the referred ordinance by voting its repeal. If the commission fails to adopt a proposed initiative ordinance without any change in substance within sixty (60) days or fails to repeal the referred ordinance within thirty (30) days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the voters of the city. (2) Submission to voters. The vote of the city on a proposed or referred ordinance shall be held not less than thirty (30) days and not later than one (1) year from the date of the final city commission vote thereon. If no regular city election is to be held within the period prescribed in this subsection, the commission shall provide for a special election otherwise the vote shall be held at the same time as such regular election, except that the commission may, in its discretion, provide for a special election at an earlier date within the prescribed period. Copies of the proposed or referred ordinance shall be made available at the polls. htto://librarvl.municode.com/defaultlDocView/11729/1/1/9 1 0/1 /?om~ .. ARTICLE VI. INITIATIVE AND CITIZEN REFERENDUM Page 3 of3 (3) Withdrawal of petitions. An initiative or citizen referendum petition may be withdrawn at any time prior to the fifteenth (15th) day preceding the day scheduled for a vote of the city by filing with the city clerk a request for withdrawal signed by at least two-thirds ( 2/3) of the petitioners' committee. Upon the filing of such request the petition shall have no further force or effect and all proceedings thereon shall be terminated. Sec. 60. Results of election. (1) Initiative. If a majority of the registered voters voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the city commission. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. (2) Citizen Referendum. If a majority of the registered voters voting on a referred ordinance vote against it, it shall be considered repealed upon certificated of the election results. http://library1.municode.com/default/DocViewI1172911/3/9 10/1/2008 ARTICLE V. INITIATIVE, REFERENDUM AND RECALL Page 1 of3 //Winter Park, Florida/CODE OF ORDINANCE odified through Ord. No. 2741-08, enacted May 12, 200 . n o. 30)/Subpart A CHARTER*/ARTICLE V. INITIATIVE, REFERENDUM AND RECALL Sec. 5.01. Initiative. The qualified voters of the city shall have power to propose ordinances to the commission and, if the commission fails to adopt an ordinance so proposed without any change in substance, to adopt or reject it at a city election. Sec. 5.02. Referendum. The qualified voters of the city shall have the power to require reconsideration by the commission of any adopted ordinance and, if the commission fails to repeal an ordinance so reconsidered, to approve or reject it at a city election. Sec. 5.03. Recall. The qualified voters of the city shall have the power to recall and to remove from office any elected official of the city as provided by general law. Sec. 5.04. Commencement of proceedings. Any five (5) qualified voters may commence initiative or referendum proceedings by filing with the clerk or other official designated by the commission an affidavit stating they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying one street address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or the ordinance sought to be reconsidered. Promptly after the affidavit of the petitioners' committee is filed, the clerk or other official designated by the commission may, at the committee's request, issue the appropriate petition blanks to the petitioners' committee at the committee's expense. Sec. 5.05. Petitions. (a) Number of signatures. Initiative and referendum petitions must be signed by qualified voters of the city equal in number to at least ten (10) percent of the total number of qualified voters registered to vote at the last regular city election. (b) Form and content. All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the address of the person signing. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered. http://libraryl.municode.comldefault/DocView/11730/1/4/9 10/1 /2008 ARTICLE V. INITIATIVE, REFERENDUM AND RECALL Page 2 of3 (c) Affidavit of circulator. Each paper of a petition shall have attached to it when filed an affidavit executed by the circulator thereof stating that he personally circulated the paper, the number of signatures thereon, that all the signatures were affixed in his presence, that he believes them to be the genuine signatures of the persons whose names they purport to be and that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered. (d) Time for filing referendum petitions. Referendum petitions must be filed within thirty (30) days after adoption by the commission of the ordinance sought to be reconsidered. Sec. 5.06. Procedure for filing. (a) Certificate of clerk; amendment. Within twenty (20) days after the petition is filed (five (5) working days for a referendum), the city clerk or other official designated by the commission shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioners' committee by certified mail. Grounds for insufficiency are only those specified in Section 5.05. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' committee files a notice of intention to amend it with the clerk or other official designated by the commission within two (2) days after receiving the copy of the certificate and files a supplementary petition upon additional papers within ten (10) days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of subsections (b) and (c) of Section 5.05, and within five (5) days after it is filed the clerk or other official designated by the commission shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners' committee by certified mail as in the case of an original petition. If a petition or amended petition is certified sufficient, or if a petition or amended petition is certified insufficient and the petitioners' committee does not elect to amend or request commission review under subsection (b) of this section within the time required, the clerk or other official designated by the commission shall promptly present the certificate to the commission and the certificate shall then be a final determination as to the sufficiency of the petition. (b) Commission review. If a petition has been certified insufficient and the petitioners' committee does not file notice of intention to amend it or if an amended petition has been certified insufficient, the committee may, within two (2) days after receiving the copy of such certificate, file a request that if be reviewed by the commission. The commission shall review the certificate at its next meeting following the filing of such request and approve or disapprove it, and the commission's determination shall then be a final determination as to the sufficiency of the petition. Sec. 5.07. Referendum petitions; effect on ordinances. When a referendum petition is filed with the clerk or other official designated by the commission, the ordinance sought to be reconsidered shall nevertheless be deemed a valid and effective ordinance unless and until it is repealed by the commission or a vote of the electors of the city. Sec. 5.08. Action on petitions. (a) Action by commission. When an initiative or referendum petition has been finally determined sufficient, the commission shall promptly consider the proposed initiative ordinance in the manner provided in Article II, or reconsider the referred ordinance by voting its repeal. If the commission fails to adopt a proposed initiative ordinance without any change in substance http://librarvl.municode.comldefault/DocView/117301l/4/9 10/1/200~ ARTICLE V. INITIATIVE, REFERENDUM AND RECALL Page 3 of3 within sixty (60) days or fails to repeal the referred ordinance within thirty (30) days, it shall submit the proposed or referred ordinance to the voters of the city. (b) Submission to voters. The vote of the city on a proposed or referred ordinance shall be held not less than thirty (30) days and not later than sixty (60) days from the date that the petition was determined sufficient. If no regular city election is to be held within the period prescribed in this subsection, the commission shall provide for a special election; otherwise, the vote shall be held at the same time as such regular election; otherwise, the vote shall be held at the same time as such regular election, except that the commission may, in its discretion, provide for a special election at an earlier date within the prescribed period. Copies of the proposed or referred ordinance shall be made available for inspection at the office of the city clerk or other designated official not less than five (5) days prior to the election and at the polls. (c) Withdrawal of petitions. An initiative or referendum petition may be withdrawn at any time prior to the fifteenth (15th) day preceding the date scheduled for a vote of the city by filing with the clerk or other official designated by the commission a request for withdrawal signed by at least four-fifths ( 4/5) of the members of the petitioners' committee. Upon the filing of such request the petition shall have not further force or effect and all proceedings thereon shall be terminated. Sec. 5.09. Results of election. (a) Initiative. If a majority of the qualified electors voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the commission. However, no ordinance adopted by an electoral vote shall be repealed or amended except by an electoral vote. The commission may, by ordinance, submit to the electors a proposed ordinance to repeal or amend any such ordinance. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. (b) Referendum. If a majority of the qualified electors voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results. http://libraryl.municode.comldefault/DocViewIl17301l/4/9 10/1/2008 J ARTICLE VI. INITIATIVE, REFERENDUM AND RECALL Page 1 of2 IIOrange County, Florida/CODE OF ORDINANCES Codified through Ordinance No. 2008-15, enacted u y , upp emen 64)/PART I CHARTER*/ARTICLE VI. INITIATIVE, REFERENDUM AND RECALL Sec. 601. Initiative and referendum. The power to propose amendment or repeal of this Charter, or to propose enactment, amendment or repeal of any county ordinance by initiative is reserved to the people of the county. A. Charter. A petition seeking to amend or repeal the Charter of Orange County shall be signed by ten (10) percent of the county electors in a majority of the commission districts as of January 1 of the year in which the petition is initiated. B. Ordinance. A petition seeking to enact, amend or repeal an ordinance shall be signed by seven (7) percent of the county electors in each commission district as of January 1 of the year in which petition is initiated. (Amended November 1988) Sec. 602. Procedure for initiative and referendum. The sponsor of an initiative petition shall, prior to obtaining any signatures, submit the text of the proposed petition to the supervisor of elections, with the form on which signatures will be affixed, and shall obtain the approval of the supervisor of elections of such form. The style and requirements of such form may be specified by ordinance. The beginning date of any petition drive shall commence upon the date of approval by the supervisor of elections of the form on which signatures will be affixed, and said drive shall terminate one hundred eighty (180) days after that date. In the event sufficient signatures are not acquired during that one-hundred-eighty-day period, the petition drive shall be rendered null and void and none of the signatures may be carried over onto another identical or similar petition. If sufficient signatures are obtained, the sponsor shall submit signed and dated forms to the supervisor of elections who shall within thirty (30) days verify the signatures thereon and submit a written report to the board. A. Charter. Within thirty (30) days after the requisite number of names have been verified by the supervisor of elections and reported to the board, the board shall, by resolution, call a referendum on the question of the adoption of the proposed petition to be held at the next primary, general or special election occurring at least forty-five (45) days after the adoption of such resolution. If the question of the adoption of the proposed petition is approved by a majority of those registered electors voting on the question, the proposed petition shall be enacted and shall become effective on the date specified in the petition, or, if not so specified, on January 1 of the succeeding year. B. Ordinance. Within thirty (30) days after the requisite number of names have been verified by the supervisor of elections and reported to the board, the board shall notice and hold a public hearing on the proposed petition according to law and vote on it. If the board fails to adopt the proposed petition, it shall, by resolution, call a referendum on the question of the adoption of the proposed petition to be held at the next primary, general or special election occurring at least forty-five (45) days after the adoption of such resolution. If the question of the adoption of the proposed petition is approved by a majority of those registered electors voting on the question, the proposed petition shall http://library1.municode.com/default/DocView/10182/1/3/10 10/112008 ,i ARTICLE VI. INITIATIVE, REFERENDUM AND RECALL Page 2 of2 be declared by resolution of the board to be enacted and shall become effective on the date specified in the petition, or, if not so specified, on January 1, of the succeeding year. The board shall not amend or repeal an ordinance adopted by initiative for a period of one (1) year after the effective date of such ordinance. C. The initiative power shall not be restricted, except as provided by general law and this Charter. (Adopted November 1988) Sec. 603. Limitation. The power to enact, amend or repeal an ordinance by initiative shall not include ordinances relating to administrative or judicial functions of county government, including but not limited to, county budget, debt obligations, capital improvement programs, salaries of county officers and employees and the levy and collection of taxes. (Renumbered pursuant to amendments adopted November 1988) Sec. 604. Power of recall. The electors of the county shall have the power to recall any elected Charter officer in accordance with the laws of the State of Florida. (Renumbered pursuant to amendments adopted November 1988) State law references: Recall, F.S. 9 100.361. Sec. 605. Nonpartisan elections. Elections for all Charter offices shall be nonpartisan. No candidate shall be required to pay any party assessment or be required to state the party of which the candidate is a member. All candidates' names shall be placed on the ballot without reference to political party affiliation. In the event that more than two (2) candidates have qualified for any single office under the chartered government, an election shall be held at the time of the first primary election and, providing no candidate receives a majority of the votes cast, the two (2) candidates receiving the most votes shall be placed on the ballot for the general election. (Created November 1992) http://library1.municode.comldefaultlDocView/l018211/3/10 10/1/2008 J ARTICLE V. GENERAL PROVISIONS Page 1 of2 IIApopka, Florida/CODE OF ORDINANCES Ord. No. 1955, enacted Aug. 1, 2007. (Sup V. GENERAL PROVISIONS Codified through o. 14)/PART I CHARTER*/ARTICLE Sec. 5.01. Charter amendments. This Charter may be amended pursuant to the home rule powers in the Municipal Home Rule Powers Act, F.S. ch. 166, or its successor and/or pursuant to the home rule powers granted under the Constitution of the State of Florida. State law references: Charter amendments, F.S. 9 166.031. Sec. 5.02. Oath of officers. After election or appointment and before taking office the mayor and each commissioner of the city shall swear or affirm: "I do solemnly swear (or affirm) that I will support, protect and defend the Constitution and Government of the United States and of the State of Florida; that I am duly qualified to hold office under the constitution of the state and under the Charter of the City of Apopka; and I will well and faithfully perform the duties of (title of office) on which I am now about to enter so help me God." State law references: Oath, F.S. 9876.05. Sec. 5.03. Budget adoption. The city council shall adopt an annual budget for the city by ordinance or resolution before October 1 of each year in accordance with Florida law. An ordinance or resolution adopting an annual budget shall constitute appropriations of the amounts specified as expenditures. State law references: Adoption of budget, F.S. 9 200.065. Sec. 5.04. Annual audit. The city shall have an annual audit in accordance with Florida law. State law references: Annual audit required, F.S. 99166.241, 218.32. Sec. 5.05. Initiative generally. (a) Any proposed ordinance may be submitted to the city council by a petition signed by 25 percent of the total number of votes cast at the last preceding general election of the city. Procedure and format for petitions will be as established by general law or ordinances of the city. (b) Prior to submission to city council, any such proposed ordinance will be reviewed by the city attorney as to form and compliance with state law and the constitution. http://library1.municode.com/default/DocViewIl0117/1/3/8 10/1/2008 ARTICLE V. GENERAL PROVISIONS Page 2 of2 I ; (c) Within 60 days of submission of the petition to city councilor as soon thereafter to comply with state law, the city council may adopt the ordinance or shall call a special election to be held within 60 days or as soon thereafter to comply with state law, at which the adoption or rejection of such ordinance shall be submitted to the qualified voters of the city. (d) If a majority of the qualified voters voting on the proposed ordinance shall vote in favor thereof, the ordinance shall thereupon become a valid ordinance in the city. (e) Any number of proposed ordinances may be voted upon at the same election according to the provisions of this section. http://library1.municode.comldefaultlDocView/10117/1/3/8 10/112008 Chapter 2 ADMINISTRATION Page 18 of23 cd; at d rl~d 0 Any proposed ordinance may be submitted to the Council by a petition signed by fifteen per cent of the total number of qualified registered voters of the City of Orlando. Within two weeks after the filing of said petition, said Council may pass the said ordinance, or shall call a special election to be held within ninety days, at which the adoption or rejection of such ordinance shall be submitted to the qualified voters of said City. If a majority of the qualified voters voting on the proposed ordinance shall vote in favor thereof, said ordinance shall thereupon become a valid ordinance in said City. Any number of proposed ordinances may be voted upon at the same election according to the provisions of this section. (Laws of Fla. ch. 6739(1913), S 10; Laws of Fla. ch. 26455(1949); Ord. of 8-11-1986, Doc. #20483) If prior to the taking effect of any ordinance, a petition signed by fifteen percent of the total number of the qualified registered voters of the City of Orlando shall be filed with the Council protesting against the enactment of such ordinance, it shall be suspended from taking effect and every ordinance shall take effect ten days after its passage, unless a longer time be named therein. Thereupon, unless the Council shall within ten days reconsider or repeal the said ordinance, the same shall be submitted to an election to be held as hereinabove provided for, and the said ordinance shall not be operative if a majority of the votes cast be in opposition thereto. The Council of its own motion may submit to popular vote for adoption or rejection, any proposed ordinance or measure in the same manner as provided for the exercise of the initiative above mentioned. (Laws of Fla. ch. 6739(1913), S 11; Laws of Fla. ch. 26455(1949)) Sec. 16. Salaries of Mayor-Commissioner and City Commissioners. (1) The provisions of any other law, whether general, special, or local, to the contrary notwithstanding, the Mayor-Commissioner and each of the other City Commissioners, or the respective corresponding executive officers of each municipality in Orange County, shall be paid such annual salary as may be fixed from time to time by a majority vote of which the Mayor's vote shall be one, of the City Councilor the respective corresponding municipal governing body of each municipality therein, and may be changed from time to time. (2) There shall be no expense allowances by the municipalities in Orange County for any of the above officials for any travel or other expenses for services rendered said municipality in said county. (Laws of Fla. ch. 63-1724, S 2; Laws of Fla. ch. 70-838, S 1) Sec. 17. Duties of Office Transferable. This Act shall not be construed as repealing or modifying any special legislation relating to the City of Orlando, and not in conflict with the terms of this Act. Whenever by any speciallegis/ation or by any general legislation, now or hereafter enacted, any duties devolving upon any officer, such duties may be transferred by the Council to any officer, and any such office may be abolished or changed, and the duties thereof assigned to another office or officer whether such duties are in accordance with the general laws of the state relating to cities and towns or special laws regarding the City of Orlando. (Laws of Fla. ch. 6739(1913), S 15) http://libraryl.municode.com/default/Doc Viewl13349/1/5 10/1/2008