When does the 2-year signature expiration period begin and end?
The 2-year signature expiration period begins on the date the individual voter signs the petition and ends upon signature notification by the Supervisor of Elections to the Board of County Commissioners that the requisite number of signatures have been obtained. "Signature notification" is defined in the proposed amendment as " the date the supervisor of Elections notifies the Board of County Commissioners that valid and verified petition forms have been signed by the required number of registered voters.

How will the Board's authority to seek judicial review of a proposed amendment impact the signature expiration period?
It has no effect at all. The signature expiration period ends on the date of Signature Notification. At that point, the proposed amendment is submitted to the Board of County Commissioners so that an ordinance may be drafted incorporating the proposed amendment and calling for the special election. If the Board has "doubts as to the legality of the proposed amendment", it may seek judicial review. However, the signatures have already been verified and validated. There is no look-back as to the viability of the signature once Signature Notification has been provided by the Office of the Supervisor of Elections.

The word "ordinance" was added to the proposed amendment. Does this add a step to the process that further undermines the ability of a petition-initiated amendment to be put to referendum?
No. Once again, the inclusion of the word "ordinance" simply clarifies the process that has always been in place. Florida law requires that ballot language for a proposed measure be included in a resolution or ordinance. Historically, the Board of County Commissioners has done so by ordinance because it offers the opportunity for public input at the required public hearing. It is a procedural step that is followed unless the Board has "legal doubt as to the legality of the proposed amendment."

Can the Board use the opportunity for judicial review to stall the proposed amendment?
No. There are pre-election challenges and post-election challenges. A pre-election challenge is routinely expedited by the courts because of the time-sensitive nature of the matter. If the Board has "doubts as to the legality of the proposed amendment" and declines to adopt an ordinance to place the measure on the ballot, either (1) the sponsor of the petition can file a mandamus action in court seeking the court to compel the Board to adopt the ordinance, or (2) the Board can file an action in circuit court seeking a declaration of the legality of the measure. A declaratory action has to meet certain threshold criteria and cannot be frivolous. If the Court rules that the proposed amendment is unconstitutional, it will not be placed on the ballot. The sponsor has the opportunity to appeal and if the appeals court reverses the lower court, the measure can be put to referendum at the next election.

If the Court rules that the proposed amendment is constitutional, then the Board must adopt the ordinance calling for the special election and incorporating the ballot language. If the Board decides to appeal the Court's ruling, it will not impact its obligation to adopt the ordinance or the election itself because the appeal is a post-election challenge. The referendum election will proceed, and, if a majority of voters approve the amendment, it will become part of the Charter. If, on appeal, the lower court's determination is reversed, the Charter provision remains in the Charter until removed by referendum, but is unenforceable because unconstitutional.

Does the proposed Charter amendment authorize the Board to seek a judicial determination for every petition-initiated Charter amendment?
No. The proposed Charter amendment specifically limits judicial review to those situations where the Board has "doubt as to the legality of the proposed amendment". It is not a situation where the Board members may not like the amendment or have some other personal reason for opposing the amendment. There has to be legal doubt by a majority of the Board in order for the judicial review to be sought.

Is the provision authorizing the Board to seek a judicial determination giving the Board additional authority than it has had previously?
No. The Board has always had the right to decline to adopt an ordinance and to challenge a proposed amendment that it believes is unlawful. The inclusion of this provision is simply to layout the process for Charter amendments entirely so that every person is aware of what can or cannot occur in the process. Even if this amendment does not pass, the Board will still have that authority.

Doesn't the opportunity for judicial review put a burden on the public to incur additional costs to get the proposed amendment enacted?
Because the Charter governs the way the County conducts its business, it has wide impact on every County citizen and business operating within the County. Because of the importance of this document, every sponsor of a proposed amendment has the responsibility to have the amendment reviewed by legal counsel to determine its lawfulness prior to having the petitions circulated. This has not always been the case, resulting in a possible legal challenge that places a burden on the sponsor at the end of the process, impacting the expectations of the signatories to the petition.

Why are there different time periods for placing a petition-initiated Charter amendment on the ballot and for placing a Board-initiated Charter amendment on the ballot?
The two different time periods are a direct result of the process required for each. The Supervisor of Elections needs a minimum of 90 days to process referendum ballots. This 90-day period starts to run when the Supervisor of Elections receives the adopted ordinance calling for the special election and setting forth the ballot language. An additional 30-day period is required to process the drafting of the ordinance and scheduling a public hearing on the Board agenda (ordinances require a 10-day notice period). With respect to petition-initiated Charter amendments, the ordinance has not been created at the time that the Signature Notification is received from the Supervisor of Elections. Thus, 120 days lead-time is required before the election to allow for the 90-day and 30-day time periods. With respect to Board-initiated Charter amendments, the ordinance is the document which the Board adopts to put the amendment on the ballot. Thus, when Board action is taken to put the proposed amendment to referendum, the ordinance has been drafted and the public hearing held. The only relevant time period remaining is the 90-day period for the Supervisor of Elections.

Who pays for the financial impact review?
The proposed amendment provides only that the Board of County Commissioners may adopt an ordinance to require a financial impact for proposed amendments to the Charter. The ordinance will be adopted at a public hearing with public input. At this time, the Board has not considered the issue of payment. However, it is very aware that amendments can have unintended consequences with respect to capital outlay as well as operational expenses which must be weighed against other community needs. The rationale behind this amendment is that the public should be informed of the costs associated with the proposed amendment so that they can make an informed choice.

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