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Home My WebLink About08-18-2000 City of Winter Springs01 09-08-1�0 12:04 BROWN WARD SALZMAN WEISS PA ID=407 425 9596 P02/03 COPY LAW 0"Icirs AMARI & TI-IERIAC, P.A. Atturnep mad Counselors At Lew Richard S. Atuari Mariner Square Nicholas B. Banpos• Reply To: Cocoa P.O. Box 96 Willard Street, Suite 302 Kohn Bennett P.O. Box law Bradiy Roger Bettin, Sr. Ctxva, Florida 32923-1807 Antbeny A. Carganesa • Telephone (321) 639-1320 Mitchell S. Goldman Fax (321) 639.6690 y- J. Wesley Rome -�---- Mark McQuagge lnsperial i'laaa Matthew J. Muttachan Suite 8104 Mark S. Peters 6769 N. Wickham Road David M. Presuick Melhotsnw, Florida Charles R. Steinberg Telephone (321) 259.6611 James S. Theriae, III raw (321) 259-6624 *Admitted AL, FL *Board Certified City, County, & Local Govusunent Law August 18, 2000 VIA FACSIMILE TRANSMISSION Emmett Mitchell, IV, Esq. General Counsel Florida Division of Elections Department of State The Capitol, Room 1801 Tallahassee, FL 32399-0250 Re: City of Wint, -r s Dear Mr. Mitchell: At the request of the City Manager of Winter Spring$, I am writing in my official capacity ac City Attorney to request an advisory opinion relating to the Florida election laws in accordance with section 106.23(b), Florida Statutes. The relevant facts and issue presented are set forth below. Approximately one year ago a group of residents living within the City of Winter Springs self appointed themselves a Citizens Charter Review Committee ("Petitioner's Committee"). On or about August 3, 2000, the Petitioner's Committee filed a citizens initiative petition ("Petition"). The Petition proposes thirteen (13) separate amendments to various sections of the City Charter which would, if approved by a majority of the registered voters of winter Springs, effect various functions of City government. A copy of the Petition is provided herewith. In accordance with the City Charter, the City must now "promptly" issue the Petitioner's Committee "appropriate petition blanks" for purposes of collecting signatures of registered voters. The City Charter and section 166.031, Florida Statutes, require the Petitioner's Committee to collect signatures equal to at least ten (10) percent of the total number of qualified voters registered to vote at the last City election in order to place the proposed amendments on the ballot. SEP-08-2000 12:09 407 425 9596 98% P.02 09-08-V 12:04 BROWN WARD SALZMAN WEISS PA ID=407 425 9596 J, P03/03 4 i .. Emmett Mitchel, IV, Esq. August 18, 2000 Page 2 Although it is clear that citizens have the right to propose amendments to a city charter under Florida law, it is unclear as to the appropriate petition form which must be used to collect the requisite signatures to propose a city charter amendment. It is even more unclear in instances where thirteen separate amendments are being proposed by the same individual or group. Given the aforesaid, the City of Winter Springs is seeking the guidance and advice of the Division of Elections on the following issue: Should the City issue a petition blank for each of the proposed thirteen Charter amendments submitted by the petitioner's Committee or should the City issue one petition blank for all thirteen of the proposed Charter amendments. One particular concern of the City is that if one petition blank is issued for all thirteen proposed amendincnts, the voters would not be protcetcd from "log rolling," 1n other words, a voter may be forced to sign the petition to propose an unfavorable charter amendment in order to propose a favorable change to the City Charter, In the context of proposing a citizen initiative ballot question to amend the Florida Constitution, the Florida Supreme Court has rejected "log rolling" initiative petitions. See, e.g., Advisory Opinion to the Attorney General Re Fish and Wildlife Conservation Commission, 705 So.2d 1351 (Fla. 1998). Due to the fact the City Charter requires the City to promptly issue the petition blanks, the City would appreciate the Division of Elections expeditiously rendering an advisory opinion on this question of extreme public importance Thank you for your consideration. AAG:kec Sincerely, Anthony A. Gargan e SEP-06-2000 12:09 407 425 9596 97 P.03 09 -08—Of 12:04 BROWN WARD SALZMAN WEISS PA ID=407 425 9595 P01iO3 Brown, Ward, Salzman & Weiss, P.A. I11 North Orange Avenue Suite 875 Post Office Box 2873 Orlando, Florida 32802-2873 (407) 425-9566 (407) 425-9596 fax e-mail address: brownu(gosceola.kl2 fl.us e-mail address: firmPorlandolaw.net Date: September 8, 2000 To: Andrea Lorenzo-Luaces, City Clerk, Winter Springs Fax: 4071327-4753 From: Anthony A. Garganese, CiryAttorney Pages (including this one): 3 File: Winter Springs/General If there are any questions regarding this fax, please call 4071425-9566. This facsimile message is attorney/clientprivileged material and is, accordingly, confidential. This message is intendedonly for the individual or entity named above. If the receiver of this message is not the intended recipient, pleare be advised that any dissemination, distribution, or copying ofihis communication is stricdyprohiblted. Ifyou have received this communication in error, please notify us by telephone immediately and return the original message to dither above address via the U.5', Mall. Thank you. COMMENTS: Pursuant to your request, I am transmitting a copy of the letter I sent to the Florida Division of Elections requestingan opinion regarding the Referendum Petition Form. SEP-08-2000 12:09 407 425 9596 3e% P.01