Miami-Dade County Board of County Commissioners v. an Accountable Miami-Dade

208 So. 3d 724, 2016 Fla. App. LEXIS 14069
District Court of Appeal of Florida·Decided September 20, 2016·No. 3D16-2090·Published·Cited by 5 cases

Opinions

LAGOA, J.

Appellants, Miami-Dade County Board of County Commissioners (the “Board” or “County Commission”), Carlos Gimenez, in his capacity as Miami-Dade County May- or, and Christina White, in her capacity as Miami-Dade County Supervisor of Elections (collectively “Appellants”), appeal from the trial court’s entry of a writ of mandamus compelling Miami-Dade County to place on the November 8, 2016 General Election ballot an initiative petition submitted by Appellees, An Accountable Miami-Dade, Christian Ulvert, Tresnise Bryant, Michelle Davis and Caroline Williams (collectively “Appellees”). For the reasons set forth below, we reverse and vacate the writ.

I. FACTUAL AND PROCEDURAL HISTORY

a. The County’s Initiative Petition Process

In a September 10, 2002 election, the voters of Miami-Dade County approved an amendment to their County Charter concerning the initiatory petition process. In considering the issue, the voters were presented with the following ballot question:

County Question No. 9
Charter Amendment Placing Proposed Initiative Petitions on Ballot Without Further County Commission Action
Shall the Charter be amended to provide that if an initiative petition is deemed to be legally sufficient, the proposal shall be placed on the ballot without requiring any further action by the Board of County Commissioners, unless the Board determines to adopt the proposal?

(emphasis added).

The 2002 amendment is presently codified in Section 8.01 of the Charter. Section 8.01, titled Initiative, Referendum, and Recall, provides in pertinent part as follows.1

[727]*727The electors of the county shall have the power to propose to the Board of County Commissioners passage or repeal of ordinances and to vote on the question if the Board refuses action, according to the following procedure:
1. The person proposing the exercise of this power shall submit the proposal, including proposed ballot language to the Clerk of the Circuit Court who shall without delay approve as to form a petition for circulation in one or several copies as the proposer may desire. A public hearing shall be held on the proposal at the next Board of County Commissioner meeting subsequent to the date the Clerk approves the petition as to form.
2. The person or persons circulating the petition shall, within 120 days of the approval of the form of the petition, obtain the valid signatures of voters in the county in numbers at least equal to four percent of the registered voters in the county on the day on which the petition is approved, according to the official records of the County Supervisor of Elections. In determining the sufficiency of the petition, no more than 25 percent of the valid signatures required shall come from voters registered in any single county commission district. Each signer of a petition shall place thereon, after his name, the date, and his place of residence or precinct number. Each person circulating a copy of the petition shall attach to it a sworn affidavit stating the number of signers and the fact that each signature was made in the presence of the circulator of the petition.
3. The signed petition shall be filed with the Board which shall within 30 days order a canvass of the signatures thereon to determine the sufficiency of the signatures. If the number of signatures is insufficient or the petition is deficient as to form or compliance with this Section, the Board shall notify the person filing the petition that the petition is insufficient and has failed.
4.The Board may within 30 days after the date a sufficient petition is presented adopt the ordinance as submitted in an initiatory petition or repeal the ordinance referred to by a referendary petition. If the Board does not adopt or repeal the ordinance as provided above, then the proposal shall be placed on the ballot without further action of the Board.

b. The Current Petition Initiative

On April 26, 2016, An Accountable Miami-Dade, through Christian Ulvert, submitted an initiative petition, including proposed ballot language, to the Clerk of the Circuit Court. The petition contains the following ballot language:

Title: INITIATORY ORDINANCE PETITION, REVISING CAMPAIGN FINANCE CONTRIBUTION LIMITS AND TRUST FUND, AND BANNING CERTAIN CONTRACTOR CONTRIBUTIONS.
Summary: Should an ordinance be enacted addressing the appearance of ethical impropriety in county government; limiting campaign contributions to $250 per election per candidate to candidates for County offices; prohibiting large county contractors from making campaign contributions; amending the election campaign financing trust fund; repealing prior ordinances and resolutions in conflict; amending definition of gift; providing severability, code inclusion, and an effective date?

Two days after the petition was submitted, the Clerk of the Circuit Court (the “Clerk”) in a written letter dated April 28, 2016, notified Mr. Ulvert that “[t]he petition form complies with the format deter[728]*728mined by the Supervisor Of Elections. Therefore, I have enclosed a copy of the approved petition form with the Clerk’s seal affixed thereto.” Significantly, the Clerk further notified Appellees “the Clerk approves the petition, as to form only. This approval as to form only does not address the substance of the petition, legal sufficiency of the proposed ordinance and/or factual accuracy of any statements herein.” (emphasis in original). The Clerk further directed Appellees to review Sections 3.062 and 8.01 of the Miami-Dade Home Rule Amendment and Charter (the “Charter”) as well as Section 12-23 of the Miami-Dade County Code and advised Ap-pellees that “[i]t is the responsibility of the petitioner to comply with all applicable laws governing the initiative petition process.” (emphasis in original)

After approval by the Clerk, and pursuant to Section 8.01(1) of the Charter, the subject petition was placed on the May 17, 2016 Board agenda for a public hearing.3 It is undisputed that at the May 17, 2016 meeting, the Board did not consider any motion on the petition and did not take any action with respect to the petition other than allowing Appellees and other members of the public to speak on the proposal.4

The Clerk’s April 28, 2016 letter further informed Appellees that they had 120 days from April 28, 2016 to obtain the necessary signatures.5 The uncontroverted evidence in the record establishes that the Miami-Dade County Elections Department informed Appellees “that ballot questions submitted by municipalities by August 9, 2016 in final form and with all the required legal approvals would be placed on the November General Election Ballot.”6

On August 2, 2016, Appellees filed their signed petitions with the Clerk of the Board of County Commissioners.

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Miami-Dade County Board of County Commissioners v. an Accountable Miami-Dade, 208 So. 3d 724, 2016 Fla. App. LEXIS 14069 (Fla. Ct. App. 2016).

208 So. 3d 724 (Miami-Dade County Board of County Commissioners v. an Accountable Miami-Dade) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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