§ 8. Elections.

(1)

Electors. Any person who is a resident of the city, who has qualified as an elector of this State and who registers in the manner prescribed by law, shall be an elector of the city.

(2)

Nonpartisan elections. All elections for the city council members shall be conducted on a nonpartisan basis without any designation of political party affiliation.

(3)

Qualifying for office. Any resident of the City who wishes to become a candidate for a city elective office shall qualify with the City Clerk no sooner than noon on the first Tuesday in August nor later than noon on the second Tuesday in August of the year in which the election is to be held.

(4)

Schedule for general elections and runoffs. The regular city elections shall be on the first Tuesday after the first Monday in November of each election year. Such city elections shall be general city elections. Electors shall vote for the number of qualified candidates for the office of city council equal to the number of city council seats to be elected.

(5)

Schedule for other elections.

(a)

An election to fill the remainder of an unexpired term shall be held as provided in subsection (4).

(b)

Special municipal elections shall be held in the same manner as regular elections, except that the city council, by ordinance, shall fix the time for holding of such elections.

(6)

Determination of election to office. At any general or special municipal election held under the provisions of this Charter for election to the office of city council, the candidates for the office of city council in a number equal to the number of city council seats to be elected, who shall have received the greatest number of votes cast (the "Winning Candidates"), shall be declared elected; provided, however, that if one of the city council seats to be elected represents the unexpired term of a vacancy, then the Winning Candidate receiving the lowest vote total shall be deemed elected to serve the unexpired term. In the event of a tie between two or more candidates which makes it impossible to determine which of those candidates has been selected, the outcome shall be determined by lot. If the number of candidates that qualify for an office equals the number of city council seats to be elected, said candidates shall be deemed to be elected.

(7)

City canvassing board. The canvassing board shall consist of the City Manager, City Clerk and the City Attorney serving at the time the election is called and the city clerk shall act as chairperson. In the event any member is unable or unwilling to serve, the city manager has the authority to appoint alternate members to the city canvassing board. In the event the city manager is unable to perform this function, the chief judge of the judicial circuit (or designee) may appoint alternate members to the city canvassing board. However, two members of the canvassing board shall constitute a quorum for all purposes hereunder. At the close of the polls of any city election, or as soon thereafter as practicable, the canvassing board shall meet at a time and place designated by the chairperson and shall proceed to publicly canvass the vote as shown by the returns then on file in the office of the city clerk, and then shall publicly canvass the absentee elector ballots. The canvassing board shall prepare and sign a certificate containing the total number of votes cast for each candidate or other measure voted upon. The certificate shall be placed on file with the city clerk.

(8)

Recall of city council members. Any member of the city council may be removed from office by the electors of the city following the procedures for recall established by general law.

State Law reference— Recall, Fla. Stat. § 100.361.

(9)

Initiative and referendum.

(a)

Power to initiate and reconsider ordinances.

1.

Initiative. The electors of the city shall have the power to propose ordinances to the city council and, if the city council fails to adopt an ordinance so proposed without any change in substance, to adopt or reject it at a city election; provided that such power shall not extend to the annual budget or capital program or any ordinance appropriating money, levying taxes, or setting salaries of city officers or employees.

2.

Referendum.

a.

The city council shall have the power, by resolution, to call for a referendum vote by the electors of the city at any time, provided that the purpose of such referendum is presented to the city at a public hearing at least 60 days prior to the adoption of said resolution. Any resolution call for a referendum vote of the electors of the city must be passed by an affirmative vote of not less than four members of the council.

b.

The electors of the city shall have the power or require reconsideration by the city council of any adopted ordinance and, if the city council fails to repeal an ordinance so reconsidered, to approve or reject it at a city election, provided that such power shall not extend to the annual budget or capital program or any ordinance appropriating money, levying taxes, or setting salaries of city officers or employees.

(b)

Commencement of proceedings. Any ten electors may commence initiative or referendum proceedings by filing with the city clerk an affidavit stating that they shall constitute the petitioner's 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 petitioner's committee is filed, the city clerk may, at the committee's request, issue the appropriate petition blanks to the petitioner's committee at the committee's expense.

(c)

Petitions.

1.

Ordinances and other measures providing for the exercise of any city powers, granted by the Florida Constitution or the State to municipalities, may be proposed by initiative petition. However, no such initiative petition shall impair an existing contractual agreement or franchise, or impair any right guaranteed by the United States or Florida Constitutions. Initiative and referendum petitions must be signed by registered electors of the city equal in number to at least ten percent of the total number of electors registered to vote in the last regular city election.

2.

Prior to submitting an initiative petition to the electors, the proponent(s) of the initiative petition shall file with the city clerk a notice of intention [to] do so, with the name and address of the proponent(s). The notice shall be accompanied by the written text of the initiative petition. Within 20 days of receipt of the text of the initiative petition the clerk shall forward it to the city attorney, or his designee, for review to determine whether or not the proposed initiative petition is within the jurisdiction of the city or is otherwise lawful. If the city attorney determines that the initiative petition is outside the jurisdiction of the city, or unlawful, he shall deliver his opinion to the city clerk and the proponent(s), in writing. If it is denied, the proponents of the initiative may appeal that decision to the City Council. The decision of the City Council shall be final agency action, and further appeals shall be in the circuit court, de novo. If the city attorney approves the initiative petition, the proponents may proceed to obtain the requisite signatures.

3.

All papers of the initiative petition shall be assembled as one instrument of filing. Each signature shall be executed in ink and shall be followed by the printed name and address of the person signing.

4.

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 proposed or sought to be reconsidered.

5.

Within 20 days after an initiative petition or a referendum petition is filed with the city clerk proposing an ordinance or other measure by initiative petition, the city clerk shall in coordination with the office of the Supervisor of Elections, examine all signatures on the petition to determine the number of electors of the municipality who signed the petition. If the city clerk determines that 10% or more of the total number of electors registered to vote in the last regular city election have signed the initiative petition, the city clerk shall, after ten (10) days, transmit a certified copy of the text of the proposed ordinance or measure to the city council together with a statement attesting to the number of such electors who signed the petition. Petitions without the required signatures may be re-filed one time within 60 days of receiving notice that the petition is insufficient. The city clerk shall return all incomplete initiative petitions to the proponent(s) of the petition.

6.

Within the next two (2) regularly scheduled meetings the city council shall review, approve or reject the initiative petition. If the city council approves the initiative petition without substantive alteration the city clerk shall authenticate and record in full any ordinance or resolution approved via initiative petition in the properly indexed book kept for that purpose.

7.

If the city council rejects the proposed initiative petition, it shall submit the initiative petition for approval or rejection by the electorate of the city at the next general election occurring subsequent to 60 days after the city clerk certifies the sufficiency and validity of the initiative petition to the city council. Nothing in the section is intend to prohibit the city council from setting a special election for the proposed initiative petition, so long as at least 60 days prior notice of the election is provided. No ordinance or other measure proposed by initiative petition and approved by majority of electors voting upon the measure shall be subject to the veto or rejection by the city council. No substantial modification or amendment to the approved measure shall be made until at least one city-wide election has been conducted.

8.

If a majority of qualified electors voting on the proposed initiative petition vote in its favor, it shall be considered adopted upon certification of the election results. 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. The city clerk shall authenticate and record in full any ordinance or resolution approved via initiative petition in the properly indexed book kept for that purpose.

9.

If a majority of the qualified electors voting on the proposed initiative petition vote against it, it shall be considered withdrawn or not adopted upon certification of the election results.

10.

The proponent(s) of the initiative petition may withdraw it at any time prior to the election.

(Ord. No. 2003-28, § 2, 12-23-2003; Ord. No. 2005-06, § 3, 4-12-2005; Ord. No. 2006-20, § 6, 9-5-2006; Ord. No. 2007-06, § 3, 4-24-2007; Ord. No. 2014-06, § B, 6-24-2014, ref. 11-4-2014)