Laws governing local ballot measures in Florida

From Ballotpedia
Jump to: navigation, search

BallotLaw final.png

Laws Governing Local Ballot Measures

State-by-State Laws
Alabama • Alaska • Arizona • Arkansas • California • Colorado • Connecticut • Delaware • Florida • Georgia • Hawaii • Idaho • Illinois • Indiana • Iowa • Kansas • Kentucky • Louisiana • Maine • Maryland • Massachusetts • Michigan • Minnesota • Mississippi • Missouri • Montana • Nebraska • Nevada • New Hampshire • New Jersey • New Mexico • New York • North Carolina • North Dakota • Ohio • Oklahoma • Oregon • Pennsylvania • Rhode Island • South Carolina • South Dakota • Tennessee • Texas • Utah • Vermont • Virginia • Washington • West Virginia • Wisconsin • Wyoming

Terms
InitiativeHome ruleGeneral law cityCharter cityPetitionInitiative petition circulation periodsCirculatorPaid circulatorVolunteer circulatorCirculator affidavitSignerValid signatureForged signatureFraudulent signatureInvalid signatureElectronic petition signatureLegislative alterationRegistered voter


Ballot Law Portal
Laws Governing Ballot Measures
Florida Constitution
750px-Flag of Florida.svg.png
Preamble
Articles
IIIIIIIVVVIVIIVIIIIXXXIXII
A guide to local ballot initiatives
Local Ballot Initiatives cover.jpg

The majority of Florida local governments have a mandated initiative and referendum process for local ballot measures.

This article sets out the laws governing local ballot measures in Florida. It explains:

  • Which local units of government make the initiative process available to residents.
  • How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.
  • An overview of laws governing local recall elections.

Note that Florida is one of twenty-four states that allow the initiative process at the statewide level.

Types of local government

According to a 2022 study from the U.S. Census Bureau, this state's local governments consist of 66 counties, 412 cities, towns, and villages, and 1,374 special districts. Jacksonville, a consolidated city-county, is classified by the U.S. Census Bureau as a city government.[1]


School districts

See also: School bond and tax elections in Florida

School bond and tax elections in Florida are promulgated under two circumstances:

  • To issue new bonding.
  • To exceed the state mandated millage limit.

Local recall rules

Political recalls
RecallBanner.jpg
Upcoming recalls
Recalls by office
Recalls by state
Recalls by year
Recall laws
Recall analysis

The recall of local elected government officials in Florida is governed by Fla. Stat. Ann §100.361. This statute applies to "cities and charter counties whether or not they have adopted recall provisions."

For additional detail, see: Laws governing recall in Florida

Initiative process availability

The local units of government in Florida that make the initiative process available are:

  • Charter cities, all 412 of which have a state mandated initiative and referendum process for charter amendments.
  • Charter counties, which have the authority for the creation of an initiative and referendum process for charter amendment. All 20 have exercised this power and have some form of initiative and referendum in their charters.[2]

Authority

Constitution

There is no constitutional authority for local initiative and referendum. However, neither is there a mandate against initiative and referendum. It is simply not mentioned in the constitution.

Statutes

Florida statutes Title XII, Ch. 166.031 mandates the powers of initiative and referendum for the amendment of city charters.

Florida statutes Title XII, Ch. 166.031: (1) The governing body of a municipality may, by ordinance, or the electors of a municipality may, by petition signed by 10 percent of the registered electors as of the last preceding municipal general election, submit to the electors of said municipality a proposed amendment to its charter, which amendment may be to any part or to all of said charter except that part describing the boundaries of such municipality. The governing body of the municipality shall place the proposed amendment contained in the ordinance or petition to a vote of the electors at the next general election held within the municipality or at a special election called for such purpose.[3]

Initiative process features

Florida's charter amendment laws are meant to be supplementary to the different cities' own amendment process. Thus, the cities all have different specific initiative processes for charter amendment. However, The Florida Statutes do provide a basic charter amendment initiative process to all cities.[4]


Initiative process in the top 10 most populated cities

These cities are all charter cities and subject to the state mandate for charter amendment by initiative and referendum; except Jacksonville which, as a consolidated city-county government, has its own charter amendment process as provided below. Cities may also authorize initiative for ordinances in their charter. 8 of the top 10 most populated cities have done so.

Local I&R Laws in the 50 States
Laws governing local ballot measures in WashingtonLaws governing local ballot measures in OregonLaws governing local ballot measures in CaliforniaLaws governing local ballot measures in NevadaLaws governing local ballot measures in ArizonaLaws governing local ballot measures in AlaskaLaws governing local ballot measures in HawaiiLaws governing local ballot measures in UtahLaws governing local ballot measures in IdahoLaws governing local ballot measures in MontanaLaws governing local ballot measures in WyomingLaws governing local ballot measures in ColoradoLaws governing local ballot measures in New MexicoLaws governing local ballot measures in TexasLaws governing local ballot measures in OklahomaLaws governing local ballot measures in KansasLaws governing local ballot measures in NebraskaLaws governing local ballot measures in South DakotaLaws governing local ballot measures in North DakotaLaws governing local ballot measures in MinnesotaLaws governing local ballot measures in IowaLaws governing local ballot measures in MissouriLaws governing local ballot measures in ArkansasLaws governing local ballot measures in LouisianaLaws governing local ballot measures in MississippiLaws governing local ballot measures in TennesseeLaws governing local ballot measures in AlabamaLaws governing local ballot measures in FloridaLaws governing local ballot measures in GeorgiaLaws governing local ballot measures in South CarolinaLaws governing local ballot measures in North CarolinaLaws governing local ballot measures in KentuckyLaws governing local ballot measures in VirginiaLaws governing local ballot measures in West VirginiaLaws governing local ballot measures in WisconsinLaws governing local ballot measures in IllinoisLaws governing local ballot measures in IndianaLaws governing local ballot measures in MichiganLaws governing local ballot measures in MichiganLaws governing local ballot measures in OhioLaws governing local ballot measures in PennsylvaniaLaws governing local ballot measures in MarylandLaws governing local ballot measures in MarylandLaws governing local ballot measures in DelawareLaws governing local ballot measures in DelawareLaws governing local ballot measures in ConnecticutLaws governing local ballot measures in New JerseyLaws governing local ballot measures in New JerseyLaws governing local ballot measures in New YorkLaws governing local ballot measures in ConnecticutLaws governing local ballot measures in MassachusettsLaws governing local ballot measures in Rhode IslandLaws governing local ballot measures in MassachusettsLaws governing local ballot measures in VermontLaws governing local ballot measures in New HampshireLaws governing local ballot measures in MaineLaws governing local ballot measures in New HampshireLaws governing local ballot measures in VermontLocal I&R 50 states Map.png
Source: Local Ballot Initiatives: How citizens change laws with
clipboards, conversations, and campaigns



External links

Footnotes