§ 7.01. Powers of initiative and referendum.

A.

The power to propose amendments to any section of this Charter, or to propose the repeal, amendment or enactment of any County ordinance by initiative is reserved to the people of this County.

B.

This power may be invoked by filing with the County Administrator, or other individual designated by the County Commission, the petition form to be used, which shall contain the proposed initiative in full as well as a brief description, in plain language, summarizing the proposed Charter amendment, proposed ordinance, ordinance amendment, or ordinance repealer. Along with the petition form, the individual filing the petition ("Petitioner") shall provide an affidavit stating his/her name and address and specifying the name and address to which the County should send all notices regarding the petition.

C.

Promptly after the petition form is filed, the County Administrator, or other individual designated by the County Commission, shall submit the petition and the affidavit to the County Attorney for review to insure that the petition conforms with the petition form requirements as established in an ordinance adopted by the County Commission.

(1)

If the County Attorney determines the petition to be sufficient as to form, the County Attorney shall, no later than ten (10) business days following receipt of the petition, advise the County Administrator, or other designated individual, of the sufficiency of the petition. The County Administrator shall then advise the Petitioner in writing that the petition is sufficient as to form.

(2)

If the County Attorney determines the petition to be insufficient as to form, the County Attorney shall, within ten (10) business days of the receipt of the petition, provide the County Administrator with a written explanation of the petition's deficiencies. The County Administrator, or other designated individual, shall then transmit the written explanation of the petition's deficiencies to the Petitioner.

(3)

The Petitioner may then redraft the petition, re-commence the proceedings, and file the petition with the County Administrator in accordance with this Section.

D.

Submission of signed petitions.

(1)

Prior to the expiration of one hundred and eighty (180) days from the date which the County Administrator notifies the Petitioner that the petition is sufficient as to form, the Petitioner shall submit signed and dated petition forms to the County Administrator.

(2)

All papers related to a petition shall be assembled as one (1) instrument for filing. Each signature included on a petition form shall be executed in ink and shall be followed by the printed name and address of the person signing. Petitions shall contain on each page, the full text of the Charter amendment, proposed ordinance, ordinance amendment, or ordinance repealer, as well as a brief description summarizing the proposed Charter amendment, proposed ordinance, ordinance amendment, or ordinance repealer.

(3)

Upon filing of the petition, each page of the petition that contains one (1) or more signatures shall have an affidavit executed by the circulator attached to it. The affidavit shall state the name of the circulator, that he/she personally circulated the page, the number of signatures on the page, that all the signatures were affixed in his/her presence, that he/she believes them to be the genuine signatures of the persons whose names they purport to be, and that each signer had an opportunity to read the full text of the ordinance or charter amendment before signing the petition.

(4)

Petitions must be signed by registered voters of the County equal in number to no less than seven percent (7%) of the total number of registered voters in the County at the time of the last general election in order to invoke the power of initiative and referendum.

E.

Procedure for filing.

(1)

No later than thirty (30) days after the petition is filed, the County Administrator, or other individual designated by the County Commission, shall complete a certificate of sufficiency ("Certificate"). The Certificate shall specify, if it is insufficient, the reasons why the petition is defective. The County Administrator, or other individual designated by the County Commission, shall promptly send a copy of the Certificate to the Petitioner by certified mail, return receipt requested. If a petition is certified sufficient, or if a petition is certified insufficient, the County Administrator or other individual designated by the County Commission shall promptly present the Certificate to the County Commission, and such Certificate shall then be a final determination as to the sufficiency of the petition.

(2)

In determining the sufficiency of any petition, no more than twenty-five percent (25%) of the valid signatures required shall come from voters registered in any single County Commission District.

(3)

In the event sufficient signatures are not acquired during the initiative petition period, the initiative petition shall be rendered null and void, and none of the signatures may be carried over onto another identical or similar initiative petition.

F.

Upon the issuance of the Certificate by the County Administrator, or other individual as designated by the County Commission, it shall be the duty of the Supervisor of Elections to determine the validity of said petition no later than thirty (30) days following receipt of the Certificate from the County Administrator, and to report such determination in writing to the County Commission. It shall be the duty of all County officers and departments to assist and cooperate with the County Administrator, other appointed County employees, and the Supervisor of Elections in determining the validity of the petition.

G.

Should the Supervisor of Elections determine that the petition is valid, it shall be the duty of the County Commission to call a special referendum election in accordance with the petition to be held either:

(1)

At the next scheduled county-wide election which occurs at least ninety (90) days after the Supervisor of Elections issues a determination as to the validity of the petition, or

(2)

If the petition contains the valid signatures of voters in the County in numbers at least equal to ten percent (10%) of the registered voters in the County at the date of the last general election, the election shall take place at least ninety (90) days and no later than one hundred twenty (120) days after the date the Supervisor of Elections issues a determination as to the validity of the petition, preferably in an election already scheduled for other purposes, otherwise in a special election.

H.

The referendum shall be called and held in accordance with the requirements of the laws of the State of Florida pertaining to the holding of special elections.

I.

If the matter submitted to referendum is approved by a majority vote of the electors voting in said referendum, the concerned Charter amendment, ordinance enactment, ordinance amendment or ordinance repealer shall become effective immediately upon the filing of the report of the Canvassing Board with the Florida Department of State.

J.

The initiative power shall not extend to the proposing of any part or all of the annual budget or capital program or fixing ordinance making or repealing any appropriation of money fixing the salaries of County officers or employees or authorizing or repealing the levy of taxes.