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Home My WebLink About08-31-2000 CharterAmmendmentsBROWN, WARD, SALZMAN & WEISS, P.A. ATTORNEYS AT LAW Usher L. Brown John H. Ward Gary S. Salzman' Jeffrey S. Weiss Suzanne D'Agresta Anthony A. Garganese° Scott D. Danahy James G. Vickaryous Allison Carmine McDonald Alfred Truesdell Arthur R. "Randy" Brown, Jr. Board i:eruiied (ivJ Trial Lawyer ° Board Certified Business Litigation Lawyer ° Board Certified City, County & Local Government Law Via Facsimile and U.S. Mail Andrea Lorenzo-Luaces City Clerk City of Winter Springs 1126 E. State Road 434 Winter Springs, FL 32708 RE: Charter Amendments Dear Andrea: SEP n 9 200n NJIN I ER SPRINGS I;IT`( HALL August 31, 2000 111 North Orange Ave., Suite 875 Post Office Box 2873 Orlando, FL 32802-2873 (407)425-9566 (407) 425-9596 FAX Email: firm@orlandolaw.net Website: www.orlandolaw.net As you requested, I am transmitting a copy of the legal opinion that I received from the Division of Elections. if you leave any questions, please do not hesitate to cuntaui tree. Sincerely, 0o FdCL Anthony A. Garganese, City Attorney SIGNED IN HIS ABSENCE TO AVOID DELAY AAG:mw Enclosure DIVISIONS OF FLORIDA DEPARTMENT OF STt Office of the Secretary Office of International Relations Division of Elections Division of Corporations Division of Cultural Affairs Division of Historical Resources Division of Library and Information Services Division of Licensing Division of Administrative Services August 21, 2000 FLORIDA DEPARTMENT OF STATE Katherine Harris Secretary of State DIVISION OF ELECTIONS Mr. Anthony Garganese Amari & Theriac, P.A. Post Office Box 1807 Cocoa, Florida 32923-1807 Dear Mr. Garganese: MEMBER OF THE FLORIDA CABINET State Board of Education Trustees of the Internal Improvement Trust Fund Administration Commission Florida Land and Water Adjudicatory Commission Siting Board Division of Bond Finance Department of Revenue Department of Law Enforcement Department of Highway Safety and Motor Vehicles Department of Veterans' Affairs This is in response to your letter of August 18, 2000, regarding a number of proposed charter amendments for the City of Winter Springs. You have requested a formal opinion pursuant to section 106.23(b), Florida Statutes. Given the urgency of your request and the time it may take to issue a formal opinion, I am proceeding informally with my response. You have asked: 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? Section 106.031, Florida Statutes, governs the charter amendment process but is silent on this aspect of the petition process. Your concerns regarding "log rolling" if one petition is provided for all thirteen amendments is well justified. In essence, the elector would be forced to make an "all or nothing" choice. The elector may support some of the proposals, but oppose others. Because of his opposition to some of the proposals, the elector might refuse to sign the petition. At the Division of Elections, constitutional initiatives are proposed using one petition form per amendment. See Rule IS-2.009, F.A. C. In addition, each form contains space for only one elector's signature. A copy of the form prescribed by the Division for this purpose is attached. The Capitol • Room 1801 • Tallahassee, Florida 32399-0250 • (850) 488-7690 FAX: (850) 488-1768 9 http://www.dos.state.fl.us • E-Mail: election@mail.dos.stateAus Mr. Anthony Garganese August 21, 2000 Page Two In light of the foregoing, it is my opinion that the City should issue a petition for each of the proposed charter amendments. I believe that you spoke recently with Kristi Bronson in our office and she concurred with my opinion. I trust this is responsive to your inquiry. Sincerely, Emmett Mitchell IV Assistant General Counsel EMIV/st Attachment CONSTITUTIONAL AMENDMENT PETITION FORM 104.185—A person who knowingly signs a petition or petitions for a candidate, a minor political party, or an issue more than one time commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. NAME Please Print Name as it Appears on Voter I.D. Card STREET ADDRESS CITY ZIP COUNTY VOTER REGISTRATION NUMBER (OR) DATE OF BIRTH I am a registered voter of Florida and hereby petition the Secretary of State to place the following amendment to the Florida Constitution on the ballot in the general election. ARTICLE AND SECTION BEING CREATED OR AMENDED(RULE 1 S-2.009) BALLOT TITLE (Section 101.161, F.S., no more than 15 words) BALLOT SUMMARY (Section 101.161, F.S., no more than 75 words) FULL TEXT OF THE PROPOSED AMENDMENT (Rule 1S-2.009) IS THIS A CHANGE OF ADDRESS FOR VOTER REGISTRATION? ❑ YES ❑ NO Date Signed *Political Disclaimer DS-DE 19(12/95) Minimum Size 3 X 5—Maximum size s 1/2 A 1171) X SIGNATURE OF REGISTERED VOTER For Office Use Only: Serial Number: Date Approved: *Section 106.143, Florida Statutes, provides that political advertisements must be marked "paid political advertisement" or with the abbreviation "pd.pol.adv.," and identify the committee responsible for the petition. Lti ii -Ax Tr tit 08-31-00 16:13 BROWN WARD SALZMAN WEISS PA ID=407 425 9596 P01/05 i , �' Brown, Ward, Salzman & Weiss, P.A. 111 North Orangtz Avcnue Suite 875 Post Office Box 2873 Orlando, Florida 32802-2873 (407) 425-9566 (407) 425-9596 fax e-mail address. brownu a}osceola.02 fl.us e-mail address• firm(a_�orlandoluw,net Date: August 31, 2000 To: Andrea Lorenzo-Luaces, City Clerk, Winter Springs Fax: 4071327-4753 From: Anthony A. Garganese, City Attorney Pages (including this one): 5 File: birinter Springs/General If there are any questions regarding this fax, please call 4071425-9566. This facsimile message is attorney/client privileged material and is, accordingly, confidential, ]Iris mecsn,e is intended only for the individual nr entity nained above, !f the receiver of this message is not the intended recipient, please be advised Char any dissemination, distribution. or eop)nng oj*this communication is strictly prohibited. Jf you have reeeived this communication in error please notify us by telephone unmerliately and return the original message to either above address via the U.S. Mail. Thank you. COMMENTS: AUG-31-2000 16:18 407 425 9596 9e% P.01 08-31-00 15:14 BROWN WARD SALZMAN WEISS PA ID=407 425 9596 r P02/05 BROWN, WARD, SALZMAN & W EYSS, P.A. ATTORNEYS AT LAW Usher L. Brown' John H. Ward' Gary S. Salzman' Jeffrey S. Weiss Suzann D'Agresta Anthony A. Garganese° Scott D. Danahy James G. Vickaryous Allison Carmine McDonald Alfred Truesdell Arthur R "Randy" Brown, Jr. 'Board Certified Civil Trial Lawyer ' Board CcrriGed Business Lirigation Lawyer Board Ccrtif ed City, County &Local GOvernnunr Caw August 31, 2000 Via Facsimile and U.S. Mail Andrea Lorenzo-Luaces City Clerk City of Winter Springs 1126 E. State Road 434 Winter Springs, FL 32708 RE: Charter Amendments Dear Andrea: 111 North Orange Ave., Suite 875 Post Office Box 2873 Orlando, FL 32802-2873 (407) 425-9566 (407) 425-9596 FAX Email: firm@orlandolaw.net Websitc: %vww.orlandolaw-net As you requested, I am transmitting a copy of the legal opinion that I received from the Division of Elections. If you have any questions, please do not hesitate to contact me. Sincerely, ock � (40-- Anthony A. Garganese, City Attorney SIGNED IN HIS ABSENCE To AVOID DELAY AAG:mw Enclosure 407 425 9596 9e% H�JG-.�1-2000 16:19 P.02 08-31-00 16:14 BROWN WARD SALZMAN WEISS PA ID=407 DIVISIONS OF FLORIDA DEPARTMENT OF S741-/ Office of fhe secrctan• office: of Intem,%6ona1 Rolatiom Di%liiottof orvinn< Oi,'Kion of Corporation: D1%Uinn of Cultural Affairs avirion of Histuricnl ReSou11.6 Dirimon of Library And lnformaticut $rn icr+ Division of Li<eneing August 21, 2000 FLORIDA DEPARTMENT" OF STATE Katherine Harris SeQetary of State DIVISION OF ELECTIONS Mr. Anthony Garganese Amari & Theriac, P.A. Post Office Box 1807 Cocoa, Florida 32923-1807 Dear Mr. Garganese: MEMBER Of THE FLORIDA CABINET statC 80110 of F,ducatlon Truett" of the Internal Improoement Trusr rand ,tdmintstration C.m intwni, Hwid. Lmd rod Wafer Ad4ttcAWY Co1nfn0S16n Siting &-iard Division of Vona hift"u D partment of Revmu, Dep.cttnent of Le,� Enfe rcemenf UapeAmtn+t of HlXhwaySsfegand Afetor V-Nd1- Departmenlof VekransAffaln= This is in response to your letter of August 18, 2000, regarding a number of proposed charter amendments for the City of Winter Springs. You have requested a formal opinion pursuant to section 106.23(b), Florida Statutes. Given the urgency of your request and the time it may take to issue a formal opinion, I am proceeding informally with my response. You have asked: 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 amendr_nents? Section 106.031, Florida Statutes, governs the charter amendment process but is silent on this aspect of the petition process. Your concerns regarding "log rolling" if one petition is provided for all thirteen amendments is well justified. In essence, the elector would be forced to make an "all or nothing" choice. The elector may support some of the proposals, but oppose others. Because of his opposition to some of the proposals, the elector might refuse to sign the petition. At the Division of Elections, constitutional initiatives are proposed using one petition form per amendment. See Rule 1S-2.009, F.A.C. In addition, each form contains space for only one elector's signature. A copy of the form prescribed by the Division for this purpose is attached. The Capitol - Room 1601 - Tallahassee, Florida 32399-0250 - (850) 488-7690 FAX: (850) 488-1768 - httpJ/www.dos.state.fl.us - E-Mail: elecfionnrnaiI.dos.state fl.us AUG-31-2000 16:18 407 425 9596 9e% P.03 08-31-00 16:14 BROWN WARD SALZMAN WEISS PA ID=407 425 9596 PO4/05 Mr. Anthony Garganese August 21, 2000 Page Two In light of the foregoing, it is my opinion that the City should issue a petition for each of the proposed charter amendments. I believe that you spoke recently with Kristi Bronson in our office and she concurred with my opinion. I trust this is responsive to your inquiry. Sincerely, Emmett Mitchell IV Assistant General Counsel EMIV/st Attachment AIJG-31-2000 15:1e 407 425 959G 99r. P.04 05-31-00 16.14 BROWN WARD SALZMAN WEISS PA ID=407 425 9596 P05/05 SAMPLE CONSTITUTIONAL AMENDMENT PETITION FORM 104.185—A person who knowingly signs a petition or petitions for a candidate, a minor political party, or an issue more than one time commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. NAME Please Print Name as it Appears on Voter I.D. Card STREET ADDRESS CITY ZIP COUNTY VOTER REGISTRATION NUMBER (OR) DATE OF BIRTH I am a registered voter of Florida and hereby petition the Secretary of State to place the following amendment to the Florida Constitution on the ballot in the general election. ARTICLE AND SECTION BEING CREATED OR AMENDED(RULE 1S-2.009) BALLOT TITLE (Section 101.161, F.S., no more than 15 words) BALLOT SUMMARY (Section 101.161, F.S., no more than 75 words) FULL TEXT OF THE PROPOSED AMENDMENT (Rule 1S-2.009) IS THIS A CHANGE OF ADDRESS FOR VOTER REGISTRATION? ❑ YES ❑ NO Date Signed 'Political Disclaimer D5-DE 19(12195) Minimum Sizes 5—maxunun. J�— ^ • •I X SIGNATURE OF REGISTERED VOTER For Office Use Only: Serial Number: Date Approved: "Section 106.143, Florida Statutes, provides that polWical advertisements must be marked "paid political advertisement" or with the abbreviation "pd.pol.adv.," and identify the committee responsible for the petition. AIJG-31-2000 16:18 407 425 9596 57''. P.05