(a) Preparation to circulate a petition.
(1) Formation of a political committee. As required by § 106.03, Florida Statutes, each political committee which is seeking the signatures of registered electors in support of an initiative shall file a statement of organization as provided in § 106.03, Florida Statutes, within ten days after its organization or, if later, within ten days after the date on which it has information which causes the committee to anticipate that it will receive contributions or make expenditures in excess of $500. If a political committee is organized within ten days of any election, it shall immediately file the statement of organization required by this section. As used herein, the term "political committee" shall be as defined from time to time by § 106.011, Florida Statutes, and shall generally mean a combination of two or more individuals, or a person other than an individual, the primary or incidental purpose of which is to support or oppose any candidate, issue, or political party, which accepts contributions or makes expenditures during a calendar year in an aggregate amount in excess of $500. Corporations regulated by Chapter 607 or Chapter 617, Florida Statutes or other business entities formed for purposes other than to support or oppose issues or candidates are not political committees if their political activities are limited to contributions to candidates, political parties, or political committees or expenditures in support of or opposition to an issue from corporate or business funds and if no contributions are received by such corporations or business entities. The procedure afforded by this provision will provide a reporting method for the circulators to receive and expend funds to reproduce petitions and pay for their verification.
(2) Meeting with Town Attorney. Prior to preparing a petition to initiate a proposal to adopt a new Town Charter or code provision or amend or repeal a then existing provision of the Town Charter or code, the circulators proposing to circulate said petition should meet with the Town Attorney for coordination in drafting the appropriate language.
(3) Meeting with Town Clerk and supervisor of elections. After meeting with the Town Attorney, the circulators shall meet with the Town Clerk and the supervisor of elections to assure that the form of the petition and method of circulation meets the applicable requirements of law, the Charter, and this Code. The cost of said meeting(s), if any, shall be at the cost of the individuals proposing to circulate said petitions to initiate Charter or code alteration and shall not exceed the actual cost that is incurred.
(b) Any proposed ordinance, including ordinances for adoption of new provisions in the Charter or code, or the repeal or amendment of Charter provisions or ordinances then in effect, may be submitted to the Town Commission by petition signed by registered electors of the town as provided in the Town Charter. All petitions circulated with respect to any proposed Charter or ordinance proposal shall be uniform in character and shall contain the proposed ordinance in full. Each person executing said petition shall sign said elector's name substantially as provided in the elections rolls of the county supervisor of elections. Thereafter on said petition, each elector executing the aforesaid petition shall print said elector's name and street address, including the municipality of residence, date of execution of the aforesaid petition, voter registration identification number, date of birth, and election precinct number, all in ink. Failure to include all of this information on the petition shall cause the individual's petition signature to be invalidated. This information shall be placed on the petition adjacent to said elector's signature. The signatures on any such petition need not all be appended to one paper but to each page of said petition there shall be attached an affidavit by the circulators thereof stating: the number of signers to the portion of the petition so circulated; that each signature appended to the petition is the genuine signature of the person whose name it purports to be; and that said petition was signed in the presence of the affiant and on the date indicated. Said affidavit shall be completed before a notary public of the state and acknowledged thereby.
(c) Petitions submitted pursuant to division (b) must be gathered within a period of not more than 90 consecutive days which period shall be ascertained by examining the date of the earliest signed petition and the date of the latest signed petition as submitted to the Town Commission.
(d) Validation of petitions. Under the initiative and referendum process set forth in this section, it shall be the duty of the Town Clerk to assemble all copies of any petitions filed as one instrument and to examine the same and ascertain and validate within ten days of submission thereof whether signatures thereon were gathered within 90 days, and whether the petition has been properly completed to include all required information of town electors and properly attested to by circulator affiants. If at least the requisite number of signatures as required by the Charter or State Law, as applicable, on the petition do not meet the foregoing requirements, the Town Clerk shall not validate said petition, and notice of same shall be given promptly to the party submitting the petition. The petition shall be rejected by the Town Clerk.
(e) Verification of signatures on petitions. If at least the requisite number of signatures as required by the Charter on the petition do meet the foregoing requirements, the petition shall be validated by the Town Clerk pending submission to the county supervisor of elections to verify the signatures and registration status of those individuals executing the petition, all in a manner prescribed and permitted by Florida law. only the signatures of town electors may be utilized to satisfy the Charter or state law requirements as to the minimum number of registered voters required to execute the afore-described petitions to alter the town code of ordinances or to alter the Charter. Any cost of signature verification of said petition signatures assessed by the supervisor of elections shall be subject to requirements set forth in § 99.097, Florida Statutes, as amended or superseded from time to time. Further, the Town Clerk shall obtain from the petition circulators payment for verification of the petition signatures prior to the time of submission of the petitions to the supervisor of elections. Said payment shall be in such amount as the supervisor of elections shall require, and this amount shall be submitted by the Town Clerk, together with the petitions.
(f) If the petition meets the requirements of divisions (b) through (e),the Town Commission shall call an election referendum of the town electors to approve or disapprove the proposed code or Charter amendment. Prior to setting the date of the referendum, notice shall be afforded to the supervisor of elections of the proposed referendum. Pursuant to § 100.151, Florida Statutes, the supervisor of elections' consent shall be obtained as to a date when the registration books can be available. This consent shall be obtained prior to setting the actual date of the referendum. Said referendum election shall be paid for by the town, and at the option of the Town Commission, the referendum may be conducted by mail ballot, or machine ballot at a polling place, all as permitted by Florida law.
(Ord. 2002-05, passed 4-17-02)