(1) The electors of the city shall have the power, by petition, to propose amendments to the city charter not inconsistent with the State Constitution or general law. Upon submission of a petition meeting the signature requirements set forth in subsection 3.092 and certification of same as provided in subsection 3.093, the city council shall submit the proposed amendment to a vote of the electors.
(2) The electors of the city shall have the power, by petition, to propose ordinances to the council not inconsistent with the State Constitution or general law. If the council fails to adopt an ordinance so proposed without any change in substance, such ordinance shall be placed on the ballot for the electorate to either adopt or reject, provided that such power to petition shall not extend to matters relating to the budget or capital program or any ordinance relating to the appropriation of money, method of levy of taxes, zoning, or salaries of city officers or employees.
(3) The electors of the city shall have the power, by petition, to request the council to repeal any adopted ordinance if such repeal is not inconsistent with the State Constitution or general law. If the council fails to repeal such ordinance, it shall be placed on the ballot for the electorate to consider; provided that such power to petition shall not extend to matters relating to the budget or capital program or any emergency ordinance or ordinance relating to appropriation of money, method of levy of taxes, zoning, or salaries of city officers or employees.
3.091 Commencement of proceedings. Any elector(s) may commence proceedings by filing with the city clerk an affidavit stating that the elector(s) will constitute a committee being responsible to circulate a 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and setting out in full the proposed charter amendment, the proposed ordinance or citing the ordinance sought to be repealed. Within ten (10) days after the affidavit is filed, the city clerk shall issue the appropriate petition blanks to the petitioners' committee. The committee shall be responsible for all costs involved in the petitioning process including any fee required to be paid to the supervisor of elections to verify the petitions. The process to amend the city charter or to adopt or repeal an ordinance shall be completed and the certificate of sufficiency submitted to the city council, as provided herein, not less than ninety (90) days before a special or regular municipal election.
3.092 Petitions.
(1) Number of signatures. All petitions must be signed by at least ten percent (10%) of the electors of the city. They need not be in affidavit form. The petition to amend the charter must be signed by at least ten percent (10%) of the electors of the city of the registered electors as of the last preceding municipal general election or as provided in section 166.031 Florida Statutes as may be amended from time to time. Petitions to propose or repeal ordinances must be signed by at least ten percent (10%) of the registered electors as of the last preceding municipal general election.
(Amendment adopted by electorate 11-8-22)
(2) Form and content. The city clerk shall consult with the supervisor of elections to create a standard form of petition, which shall be used for all proposed charter amendments and proposals to adopt or repeal an ordinance. Each page of a petition shall be numbered, shall be uniform in size and style, shall be executed in ink, and shall be followed by the address of the person signing. Each petition circulated shall contain or have attached to it, at least once, the full text of the proposed charter amendment, the proposed ordinance, or the ordinance sought to be repealed. Each page provided for signatures shall contain the caption of either the proposed charter amendment, the proposed ordinance, or the ordinance sought to be repealed.
(3) Affidavit of circulators. Each petition shall have attached to it, when filed, an affidavit executed by the circulator indicating the number of pages and the number of signatures contained therein, that the circulator personally circulated the paper, that all the signatures were affixed in the circulator's presence, that the circulator believes them to be signatures of electors, and that each elector had an opportunity before signing to read the full text of the proposed charter amendment, the proposed ordinance or the ordinance sought to be repealed.
3.093 Certificate of clerk; amendment.
(1) Within ten (10) days after the petition has been filed, the city clerk shall submit it to the county supervisor of elections or other official designated by city council to certify the number of registered voters who signed it. The city clerk, supervisor of elections or other official designated by city council shall use the signature verification process for petitions set forth in section 99.097, Florida Statutes, as may be amended from time to time. The city clerk shall, within three (3) working days of certification or after receipt of certification, send a copy of the certificate to the committee, by certified mail, indicating its sufficiency or insufficiency and the grounds therefore.
(2) Grounds for insufficiency are only those specified in subsection 3.092. A petition certified insufficient may be amended once if the committee files with the city clerk (i) a notice of intention to amend the petition within two (2) working days after receiving the copy of the certificate and (ii) an amended petition within ten (10) working days after receiving the copy of such certificate. Such amended petition shall comply with the requirements of subsection 3.092 and the city clerk shall, within three (3) working days after receipt of the amended petition, notify the committee either that it is sufficient or insufficient and the reasons for same. If the insufficiency is based upon the lack of requisite signatures, within five (5) working days after it is filed, the city clerk shall examine or submit the amended petition to the supervisor of elections or the official designated by city council to determine the number of registered voters who signed it. The city clerk shall, within three (3) working days after certification or receipt of the certification, send a copy of the certificate to the committee by certified mail as in the case of an original petition.
(3) If a petition or amended petition is certified sufficient, or if a petition or amended petition is certified insufficient, the city clerk shall present a certificate to the council, at the next regular or special council meeting, and the certificate shall then be a final determination as to the sufficiency or insufficiency of the petition.
3.094 Action by council. When a petition to amend the charter or to adopt or repeal an ordinance has been determined sufficient, the council shall consider such amendment, adoption, or repeal. If the council fails to adopt a proposed ordinance without any change in substance or fails to repeal an ordinance, both or either of them shall be submitted to the electors of the city in accordance with subsection 3.095. If a petition to amend the charter is deemed sufficient, the proposed amendment shall be submitted to the electors of the city in accordance with subsection 3.095.
3.095 Submission to electors. The city council shall submit the charter amendment, adoption or repeal of an ordinance to the electorate at a special or regular municipal election held no less than ninety (90) days nor more than one hundred eighty (180) days from the date the supervisor of elections’ certificate of sufficiency is presented to the city council. A copy of the ordinance to be adopted or repealed or a copy of the proposed charter amendment, or a summary thereof, shall be published in a newspaper of general circulation once in the fifth week prior to the election and once in the third week prior to the election. The full text of an ordinance to be adopted or repealed and charter amendment shall be posted at the polls.
3.096 Results of elections.
(1) If a majority of the voting electors vote in favor of a proposed ordinance, it shall be considered adopted upon certification and approval of the election results and shall be treated as an ordinance adopted by the council. In the event conflicting ordinances are approved at the same election, the one receiving the greater number of “yes” votes shall become effective.
(2) If a majority of the electors vote to repeal an ordinance, the ordinance shall be considered repealed upon certification and approval of the election results.
(3) If a majority of the voting electors vote in favor of a proposed amendment to the city charter, the amendment to the charter shall become effective upon certification by the state of Florida. The city clerk shall submit the results of the election to the state within five (5) days after the city council certifies the results. In the event conflicting amendments are approved at the same election, the one receiving the greater number of “yes” votes shall become effective.
(Ord. 92-28, passed 9-17-92) (Adopted by electorate 11-3-92) (Amendment adopted by electorate 11-6-12, 11-05-19)