Sec. 21.22. - Petitions.
(1) Petition Sponsor; Form Approval. The sponsor of any petition proposing an issue to be placed on the ballot, other than recall of an elected official which is governed by Florida law, shall, prior to obtaining any signatures, register with the City Clerk as a political committee pursuant to Florida law and submit the text of the proposed question to the City Clerk, on the proposed form on which the voter's signature shall be affixed, and shall obtain the approval of the City Clerk of such form. Concurrent with the submission of the proposed text and form, the sponsor of an initiative petition shall prepare and submit translations of the ballot title and ballot summary into those languages required by law for placement on the ballot. Each petition shall embrace but one subject and matters directly connected therewith.
(2) Determination. Within fifteen (15) days after the submittal of the proposed form for the petition, the City Clerk will render a determination as to whether the form submitted meets the form requirements as set forth in Subsection 3 below. The City Clerk shall not review the accuracy, content, or legal sufficiency of the text of the material submitted. The City Clerk shall notify the sponsor, in writing, if the form requirements have been fulfilled.
(3) Requirements of Petition Form. The format of the petition form will be deemed sufficient only if the petition form:
(a) Is printed on separate cards or individual sheets of paper. The minimum size of such forms shall be 3 inches × 5 inches and the maximum shall be 8½ inches × 11 inches.
(b) Clearly and conspicuously contains in the following order:
1. The title "Ballot Petition Form" at the top of the form.
2. The following three (3) statements as exactly worded below in a box on the top of the petition form in font/type size no smaller than 10 point:
(a) "All information on this form, including your signature, becomes a public record upon receipt by the City Clerk."
(b) "Under Florida law, it is a first degree misdemeanor, punishable as provided in F.S. § 775.082 and § 775.083, to knowingly sign more than one petition for an issue. [Section 104.185, Fla. Stat.]."
(c) "If all requested information on this form is not completed, the form will not be valid."
3. Adequate blank lines labeled for the voter's printed name, address, city, county, and blank lines for the voter's option to provide voter registration number or date of birth.
4. The statement, "I am a registered voter of Florida and hereby petition the City of Orlando to place the following proposed issue to a vote by the City's registered voters."
5. The ballot title, ballot summary, and the full text of the proposal. If the text must be printed on both sides of the form, it shall be clearly indicated that the text is continued or begins on the other side.
6. Adequate blank lines for the date of the voter's signature and the voter's signature. The petition shall contain a blank line for only one voter's signature. The City Clerk will not approve petition forms providing for multiple signatures per page.
7. A disclaimer that states "Initiative petition paid for and sponsored by (name and address of the sponsoring political committee)."
8. An affidavit at the bottom of the petition form to be completed by a petition circulator or gatherer, if one is used, to be signed and verified by the petition gatherer under penalty of perjury pursuant to Florida Statutes § 92.525(1)(c), as amended, for each petition gathered by that petition gatherer stated as follows:
"Petition gatherers must complete the following Petition Gatherer's Affidavit:
Petition Gatherer's Name ___________
Petition Gatherer's Address ___________
Petition Gatherer - □ Paid □ Voluntary (Check appropriate response)
If paid, by whom ___________
If paid, check appropriate response: □ Hourly basis □ Per-signature basis
□ Other basis (specify) ___________
By my signature below, as petition gatherer, I verify that the petition was signed in my presence, that the petition signer had sufficient time to read the petition language, and that I believe the signature on the petition to be the genuine signature of the petition signer. Under penalties of perjury, I declare that I have read the foregoing Petition Gatherer's Affidavit and that the facts stated in it are true.
Petition Gatherer's Signature ___________"
9. The notation "For Official Use Only" in the bottom right hand corner of the form, and directly underneath that notation, adequate blank lines labeled "Petition Number" and "Date Approved."
(4) Additional Information or Materials. Other than providing information about a method by which the petition form may be returned by mail to the sponsoring committee, no additional information or materials shall be printed directly on the form.
(5) Assignment of a Petition Number. The City Clerk shall assign a petition number to each approved petition form. The petition number assigned must be printed in the lower right hand corner of each petition form when reproduced.
(6) Reproduction. Petition forms may be reproduced in newspapers, magazines, and other forms of printed mass media, provided such forms are reproduced in the same format as approved by the City Clerk.
(7) Changes. Any change to a previously approved form, or additional types of petition forms to be circulated by a previously approved circulator, shall be submitted to the City Clerk in accordance with these provisions. No person or entity other than the sponsoring political committee of the previously approved petition form can submit a change or changes to the previously approved petition form. Any change(s) submitted for approval to a previously approved petition form constitutes a request for approval of a new petition form and shall be assigned a different petition number upon approval by the City Clerk. The new petition form shall be subject to all provisions of this Section 21.22, including Subsection 9.
(8) Petition Gatherers. A "petition gatherer" is defined as any individual who gathers signatures in person for a petition.
(a) Badge requirements. A petition gatherer gathering signatures for an initiative petition who is not being paid to do so shall display a badge that states the words "VOLUNTEER GATHERER." A petition gatherer gathering signatures for an initiative petition who is being paid to do so shall display a badge that states the words "PAID GATHERER." The badges required by this subsection shall be at least four (4) inches wide by three (3) inches long and shall be displayed on the chest of the petition gatherer in clear view of anyone signing or asked to sign the petition. The print on the badge shall be no smaller than thirty-point font, with the words "VOLUNTEER GATHERER" or "PAID GATHERER" in a bold-faced type that is clearly legible.
(b) Responsibilities. The petition gatherer shall complete, sign and verify under penalty of perjury pursuant to Florida Statutes § 92.525(1)(c), as amended, the affidavit required on the petition form for each petition gathered by the petition gatherer.
(9) Circulation; Submission of Petitions.
(a) Petition Circulation. The beginning date of any petition drive shall commence from the date of approval by the City Clerk of the form on which signatures will be affixed, and said petition circulation shall terminate one hundred eighty (180) days after that date. In the event sufficient signatures are not submitted during that one hundred eighty day (180) period, the petition drive shall be rendered null and void and none of the signatures can be carried over onto another petition.
(b) Submission. All signed petition forms shall be collected by the sponsoring political committee and only the sponsoring political committee shall submit the signed petition forms to the City Clerk for verification of signatures. The sponsor shall submit all signed petitions received during a month, including those gathered by petition gatherers, or otherwise received by the sponsor during such month to the City Clerk no later than the fifth (5th) day of the following month. Petitions signed by an elector but not gathered by a petition gatherer shall not be required to have a completed petition gatherer's affidavit, but such petitions shall be submitted by the sponsor to the City Clerk with an accompanying statement signed and verified under penalty of perjury pursuant to Florida Statutes § 92.525(1)(c), as amended, averring that such accompanying petitions were submitted by the signing elector directly to the sponsor and were not collected by a petition gatherer, and stating the month during which such petitions were received by the sponsor. No signature shall be valid unless handwritten and submitted on a paper petition form completed and submitted in a manner consistent with this section. No signed petition form shall be valid if all the information on the petition form is not completed.
(c) City Clerk Duties. If the required number of petitions and payment for signature verification as set forth in Subsection 10 below are submitted during the one hundred eighty day (180) period, the City Clerk shall, within thirty (30) days thereafter, submit the signed petition forms to the Supervisor of Elections so that the Supervisor of Elections can verify the signatures thereon and submit a written report to the City Clerk. Upon receipt by the City Clerk of a determination from the Supervisor of Elections that the requisite number of valid signatures have been obtained, the City Clerk shall issue a certification of signature verification and submit the issue to City Council for action pursuant to City Code, City Charter and any other applicable Florida laws.
(10) Signature Verification Process; Payment. Registration books and files used in the verification of electors' signatures are in the custody of the Supervisor of Elections, who shall with the City Clerk determine administrative procedures used in the signature verification process. Either of two methods for verifying may be used: (a) a name by name, signature by signature check; or (b) a check of a random sample, following the rules and guidelines as set forth in Florida Statutes § 99.097. Signature verification by the Supervisor of Elections for initiative petitions must be completed at least one hundred fifty (150) days prior to the submission of any issue by the City Council to the qualified voters of the City.
The sponsor of the petition shall pay such sums as are allowed by Florida Statutes to the City Clerk for each signature submitted for verification at the time of submission. If it poses an undue burden on the sponsoring committee pursuant to Florida law, the sponsoring committee may have the signatures verified at no charge upon written certification of such inability given under oath to the Supervisor of Elections, by filing an Affidavit of Undue Burden as required by Florida law with the City Clerk upon submission of the petitions. Pursuant to Florida law, if any person is paid to solicit signatures on a petition, an undue burden oath may not subsequently be filed in lieu of paying the fee to have signatures verified for that petition. If an undue burden oath has been filed and payment is subsequently made to any person to solicit signatures on a petition, the undue burden oath is no longer valid and a fee for all signatures previously submitted to the Supervisor of Elections and any that are submitted thereafter shall be paid by the sponsoring committee who submitted the undue burden oath. If the committee receives any monetary contributions, the committee must first reimburse the City Clerk for any signature verification fees that were not paid because of the affidavit.
Actual costs shall be determined at the conclusion of the process and the sum per signature checked, or the cost of checking, shall be the final amount owed and necessary credits, if any, will be made at the time of certification by the City Clerk of the results of the signature verification. Any portion of these monies which shall be payable to the Supervisor of Elections by the City Clerk for participation of the Supervisors' staff in the verification process shall be a transaction between the Supervisor and City Clerk.
(11) Termination of Petition Drive by Sponsor; Withdrawal of Signature by Petition Signer.
(a) A sponsor of a petition may terminate a petition drive by filing with the City Clerk a completed petition termination form prescribed by the City Clerk.
(b) Prior to verification of signatures for a petition by the Supervisor of Elections, a petition signer may withdraw his or her signature by filing with the City Clerk a completed signature withdrawal form, prescribed by the City Clerk, adequately identifying the petition signer and petition drive.
(12) Retention. Petition forms that have been submitted to the City Clerk shall be retained by the City Clerk for a period of time as required by the Director of Archives, History and Records Management, Department of State.
(Ord. of 8-19-1985, Doc. #19641; Ord. No. 2018-55, § 5, 10-8-2018, Doc. #1810081202)
