C0NNISSI0NER FREBERICK C.

BR0NNER, BISTRICT 2
2u1 South Rosalinu Avenue, Sth Flooi
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Reply To: Post 0ffice Box 1S9S
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0ilanuo, Floiiua S28u2-1S9S
Telephone 4u7-8S6-7SSu
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Fax 4u7-8S6-S976


February 24, 2014
To: Mayor Teresa Jacobs and the Board of County Commissioners

From: Frederick C. Brummer

The purpose of this memo is to provide insight into the changes to the Orange County Charter that I have
proposed in the ordinance attached to my memo to Mayor Teresa Jacobs dated February 21, 2014 of which you
have a copy. Your consideration will be appreciated.

The Representative Districts and County Reform Amendment

Introduction

The ordinance discussed herein proposes an amendment to the Orange County Charter, calls a mail ballot
election for May 27, 2014 for a referendum on the proposed charter amendment, and provides the following
ballot title and ballot summary for the referendum:

CHARTER AMENDMENT ADDING COMMISSION DISTRICTS,
REVISING INITIATIVE AND REFERENDUM REQUIREMENTS, AND
RELATING TO COUNTY OFFICERS

Shall the Orange County Charter be amended to increase the number of county commission
districts and commissioners from six to eight, require the county commission to adopt a
redistricting plan for the eight commission districts in 2014, revise requirements and limitations
relating to certain charter amendments and ordinances by initiative, abolish the office of Tax
Collector and consolidate its functions with County Government, and provide for term limits and
nonpartisan elections for all county officers?

Adding Two New County Commission Districts in 2014

Why We Need It:
Orange County has doubled in population since 1986 when the charter was first created (from 600k to 1.2m)
and yet we have the same number of county commissioners representing double the number of citizens. This
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huge increase in citizens per commission district has had the effect of keeping our Board of County
Commissioners from reflecting the diversity of our community. The addition of two new county commission
districts will reduce the number of citizens each commissioner represents, allowing greater access for citizens to
their elected officials. The addition of two new county commission districts, along with an attendant
redistricting process that takes into account the diversity of our community, will create greater access for
candidates of every background. In particular, the voice of the countys substantial Hispanic community has
been heard through the recent VRA lawsuit. Trial dates for that case are set for this summer. Amending the
charter now to create two new districts will be a tremendous show of good faith heading into the trial, and may
obviate the need for the trial.

How We Do It:
The proposed charter amendment adds two new county commission districts and commissioners to the BCC. It
provides that a Redistricting Advisory Committee shall be appointed in June 2014, and that they shall finalize
and deliver their recommendations for drawing the eight districts to the BCC by October 1, 2014. The BCC
must then approve a redistricting plan by December 1, 2014. While the four months provided for the RAC is an
aggressive timeline for redrawing the county commission districts, the length of the process all the more
underscores the necessity of a May mail ballot to approve the proposed charter amendment.

Revising the Initiative Petition Standards

Why We Need It:
The county initiative petition process has been steadily politicized, with a rise in initiative petitions funded by
narrow, out-of-town special interests and groups with extremist proposals holding hostage essential functions of
county government and curtailing the rights of county citizens. The Florida Constitution preempts county
governments ability to raise the voting standard to 60% for changes to our founding document, as has been
done for state constitution initiative petitions, so some rational standards must be implemented to ensure that
our founding document is not tampered with for narrow, extreme, or purely political reasons, and to ensure that
our community is not subjected to an avalanche of divisive, destructive, and manipulative issues undermining
civility and community spirit.

How We Do It:
The proposed charter amendment revises the number of signatures necessary for initiative petitions proposing
charter amendments or initiative ordinances. The current threshold number of signatures for charter
amendments is 10% of the number of electors from a majority of the commission districts. With 6 commission
districts, this equates to roughly 6.3% of the county electorate. With the increase to 8 commission districts, the
effective threshold would shrink to 4.4% of the county electorate. The proposed charter amendment revises the
threshold to 15% of the number of electors from each commission district. The threshold for initiative
ordinances is revised from 7% of the number of electors from each commission district to 10%. In addition, the
time period in which the signatures can be collected is revised from 180 days to 90 days. Finally, the notice
period between when the BCC calls a referendum on an initiative petition and the next election at which the
referendum will be held is revised from 45 days to 120 days, in order to provide adequate notice to the public
and provide an opportunity for potential legal challenges to be managed in an orderly manner.

Revising Initiative Petition Subject Matter Parameters

Why We Need It:
As discussed above, as the steady politicization of the county initiative petition process has been driven by
narrow, out-of-town special interests and groups with extremist proposals, the charter amendment clarifies that
the local initiative petition process cannot be used as a political tool to infringe the rights of county citizens and
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businesses, to hold the county hostage on issues that are not within its legislative purview, or when issues are
otherwise preempted to the state.

How We Do It:
The Orange County Charter already sets forth a list of limitations on the subject matter of certain initiative
petitions. The proposed charter amendment revises this list, and provides a clear process for enforcement of
such limitations. The revised Section 603B provides that the charters initiative petition process shall not extend
to the regulation of private economic activity, certain speculative encumbrances of tax revenues for illegal
purposes, or shortening the term of any office during its term or in the year prior to it, to provide candidates
appropriate notice of the actual term of the office upon which they may embark. The revised Sections 603C and
603D resolve a long-time ambiguity in the charter concerning the enforcement mechanism for the charter
limitations on initiative petition subject matter. In particular, these provisions prohibit the BCC from enacting
or calling a referendum on the adoption of the initiative petition if the subject matter of the initiative violates the
charter limitations.

Bringing the Tax Collector Into County Government

Why We Need It:
Tax Collection is an inherently administrative function, and with the substantial apparatus of Orange County
Government, it does not need a separate organization. In its review, the Orange County Tax Collector
Feasibility Task Force found upwards of $1 million dollars per year in savings by just eliminating duplicative
upper management positions, and found no evidence of alleged risks associated with consolidation.

How We Do It:
One of the recommendations of the Tax Collectors Office Feasibility Task Force was to abolish the
constitutional office of Tax Collector pursuant to the countys power under Article VIII, Section 1(d) of the
Florida Constitution, and transfer all of the duties of that office to Orange County Government, with the Tax
Collector appointed as a charter officer in the same manner as County Department heads. The proposed charter
amendment implements that recommendation.

Making County Officer Elections Nonpartisan and Subject to Term Limits

Why We Need It:
The constitutional offices of Sheriff, Clerk of the Court, Comptroller, Tax Collector, Property Appraiser, and
Supervisor of Elections are each positions that administer substantial portions of our fundamental rights and
several important ministerial duties that should be handled with fairness and complete impartiality. Partisan
elections for these offices necessarily lead to a perception of political partiality in the minds of the public. In
addition, as a larger portion of the county electorate chooses to register to vote with no party affiliation, partisan
elections for county offices disenfranchise these nonpartisan voters from a critical portion of the county officer
selection process. Furthermore, the County Commission, State Representatives, State Senators and even the
Governor and Cabinet are subjected to term limits, because politicians should not make a career out of elective
office. Our County Officers are not any more important than the Governor or President such that they should be
exempt from term limits.

How We Do It:
The proposed charter amendment provides that elections for all remaining county officers (Sheriff, Clerk of the
Court, Comptroller, Property Appraiser, and Supervisor of Elections) will be held on a nonpartisan basis. The
proposed charter amendment also imposes prospective two-term term limits on county officers, beginning with
their next term in 2016.
$


Why All Together?

Each of the reforms contained in the proposed charter amendment has been favorably discussed for years by
county leaders, community activists, the media, and concerned citizens. Each has been seen as a significant
good government initiative, a way to put the citizens in closer touch with their elected representatives, to save
money and create efficiencies, and remove partisanship, extremism, and political gamesmanship from county
government. No individual reform has amassed the level of necessary support to propel it to the ballot and
achieve its positive ends. The Florida Supreme Court has granted counties broad power to propose charter
amendments with multiple subjects, facilitating coalition-building. This amendment represents an effort to build
a broad coalition across our entire community, uniting a panoply of interests to make our county government
more representative, diverse, efficient, and protected from the corrosive effects of political partisanship and
extremism.

Why a Special Election? (Whats the Urgency?)

As discussed above, the proposed charter amendment contains a number of important reforms, each of which
gathers support from important constituencies within our community to build support. At the same time, the
confluence of these reforms necessarily makes this charter amendment a matter of substantial importance, upon
which our broad community should appropriately place its undivided attention and focus. Indeed, the local
daily recently found the importance of a matter and the need to focus the communitys undivided attention to be
a compelling justification for another countys recent decision to hold a special election. That special election
will be held with a multi-precinct, fully-staffed, in-person election, while this ordinance proposes the use of a
much less expensive and easier to administer mail ballot election process.

In addition, trial dates for the Voting Rights Act suit brought by members of the countys substantial Hispanic
community are set for this summer. Amending the charter to create two new districts will be a tremendous show
of good faith heading into the trial. It is also hoped that, more than just showing good faith or potentially
resolving the lawsuit, this substantial act will help heal the rift of trust and civility that has developed with
respect to an important portion of our community. The Hispanic community of Orange County should not be
told that they have to wait, once again, for their seats at the table.

Finally, at this very moment, out-of-town special interests and groups with extremist proposals are attempting to
exploit our initiative petition process to introduce the specter of political partisanship into county government,
infringe the rights of county citizens and businesses, and hold the county and its economy hostage on issues that
are not within the countys control. With the support built around the spectrum of reforms embodied in this
charter amendment, these exploitive outside efforts should be held to the standards of the reforms.

CC: Ajit Lalchandani, County Administrator
Jeffrey Newton, County Attorney
Page 1 of 8
ORDINANCE NO. 2014-___

AN ORDINANCE PROPOSING AN AMENDMENT TO THE
ORANGE COUNTY CHARTER; AMENDING THE
ORANGE COUNTY CHARTER TO INCREASE THE
NUMBER OF COUNTY COMMISSION DISTRICTS AND
COUNTY COMMISSIONERS FROM SIX TO EIGHT,
PROVIDE FOR THE APPOINTMENT OF A
REDISTRICTING ADVISORY COMMITTEE TO
PREPARE A REDISTRICTING PROPOSAL, REQUIRE
THE COUNTY COMMISSION TO ADOPT A
REDISTRICTING PLAN FOR THE EIGHT COMMISSION
DISTRICTS BY DECEMBER 1, 2014, PROVIDE FOR AN
ABBREVIATED INITIAL TERM FOR ONE OF THE TWO
NEWLY CREATED COMMISSION OFFICES, REVISE
REQUIREMENTS AND LIMITATIONS RELATING TO
CERTAIN CHARTER AMENDMENTS AND ORDINANCES
BY INITIATIVE, ABOLISH THE OFFICE OF TAX
COLLECTOR AND CONSOLIDATE ITS FUNCTIONS
WITH COUNTY GOVERNMENT, AND PROVIDE FOR
TERM LIMITS AND NONPARTISAN ELECTIONS FOR
COUNTY OFFICERS; CALLING A REFERENDUM ON
THE PROPOSED CHARTER AMENDMENT; PROVIDING
THAT THE REFERENDUM BE HELD AT A SPECIAL
REFERENDUM ELECTION ON MAY 27, 2014;
PROVIDING THAT THE REFERENDUM BE CONDUCTED
PURSUANT TO THE MAIL BALLOT ELECTION ACT,
AUTHORIZING THE USE OF MAIL BALLOTS FOR THE
REFERENDUM PURSUANT TO SECTION 101.6102(1)(A)2,
FLORIDA STATUTES; PROVIDING THE BALLOT TITLE
AND SUMMARY FOR THE REFERENDUM;
REQUESTING THE SUPERVISOR OF ELECTIONS TO
AUTHORIZE THE USE OF MAIL BALLOTS FOR THE
REFERENDUM PURSUANT TO SECTION 101.6102(1)(A)2,
FLORIDA STATUTES; CONDITIONING THE
EFFECTIVENESS OF THE CHARTER AMENDMENT ON
VOTER APPROVAL AT THE REFERENDUM;
PROVIDING FOR OTHER RELATED MATTERS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
EFFECTIVE DATES.

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
ORANGE COUNTY, FLORIDA:
Page 2 of 8
Section 1. Charter Amendment. Sections 202, 203, 204, 601, 602, 603 and 703 of the
Orange County Charter are amended to read as follows:
Sec. 202. Commission districts.

A. Prior to the adoption of the redistricting plan referenced in Section
202(B) of the Charter, thereThere shall be six commission districts of
contiguous territory as nearly equal in population as practicable. These
districts shall be reconsidered after each decennial census and adjusted by
the board after one or more public hearings.

B. In June 2014, the Board shall appoint a Redistricting Advisory
Committee composed of fifteen residents of the County, with each
Commissioner selecting two individuals, and the Mayor selecting three
individuals, to serve on the Committee. The Committee shall submit to the
Board by October 1, 2014, a proposal for redistricting the County into
eight Commission districts of contiguous territory as nearly equal in
population as practicable. The Board shall then adopt a redistricting plan
not later than December 1, 2014. The redistricting plan shall designate six
of the eight commission districts as successor districts to the prior six
commission districts. Commissioners in office upon the adoption of the
redistricting plan shall continue in office until the normal expiration of
their terms. The redistricting plan shall also designate which of the two
districts not designated as successor districts will have an initial
abbreviated term pursuant to Section 204(c) of the Charter.

C. Subsequent to the adoption of the redistricting plan referenced in
Section 202(B) of the Charter, there shall be eight commission districts of
contiguous territory as nearly equal in population as practicable. These
districts shall be reconsidered after each decennial census and adjusted by
the Board after one or more public hearings.

Sec. 203. Structure of board.

A. Prior to the adoption of the redistricting plan referenced in Section
202(B) of the Charter, theThe number of commissioners shall be six with
each member elected from single member districts and a county mayor
elected county-wide. Each commissioner shall be a registered voter of and
resident of the particular district he or she represents at the time of election
to office and throughout the term of office.

B. Subsequent to the adoption of the redistricting plan referenced in
Section 202(B) of the Charter, the number of commissioners shall be eight
with each member elected from single member districts and a county
mayor elected county-wide. Each commissioner shall be a registered voter
Page 3 of 8
of and resident of the particular district he or she represents at the time of
election to office and throughout the term of office.

Sec. 204. Terms of county commissioners.

A. Commissioners shall be elected for terms of four years. Elections
shall be staggered so that three half of the total number of commissioners
will be elected every two years. The terms of office for the commissioners
shall commence either on the second Tuesday following the general
election or, if not inconsistent with general law, on such later date as set
by ordinance, but in no case later than the first Tuesday after the first
Monday in January following the general election.

B. A county commissioner who has held the same commission district
office for the preceding two full terms is prohibited from appearing on the
ballot for re-election to that office.

C. The commissioner for the commission district designated to have
an initial abbreviated term in the redistricting plan pursuant to Section
202(B) of the Charter, shall be elected for an initial term of two years.
This initial abbreviated term shall not constitute a full term for the
purposes of the term limits imposed pursuant to Section 204(B) of the
Charter.

Sec. 601. Initiative and referendum.

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

A. Charter. A petition seeking to amend or repeal the Charter of
Orange County shall be signed by fifteen (15) ten (10) percent of the
county electors in each a majority of the commission districts as of
January 1 of the year in which the petition is initiated.

B. Ordinance. A petition seeking to enact, amend or repeal an
ordinance shall be signed by ten (10) seven (7) percent of the county
electors in each commission district as of January 1 of the year in which
petition is initiated.

Sec. 602. Procedure for initiative and referendum.

The sponsor of an initiative petition shall, prior to obtaining any
signatures, submit the text of the proposed petition to the supervisor of
elections, with the form on which signatures will be affixed, and shall
obtain the approval of the supervisor of elections of such form. The style
Page 4 of 8
and requirements of such form may be specified by ordinance. The
beginning date of any petition drive shall commence upon the date of
approval by the supervisor of elections of the form on which signatures
will be affixed, and said drive shall terminate ninety (90) one hundred
eighty (180) days after that date. In the event sufficient signatures are not
acquired during that ninety-day one-hundred-eighty-day period, the
petition drive shall be rendered null and void and none of the signatures
may be carried over onto another identical or similar petition. If sufficient
signatures are obtained, the sponsor shall submit signed and dated forms to
the supervisor of elections who shall within thirty (30) days verify the
signatures thereon and submit a written report to the board.

A. Charter. Within thirty (30) days after the requisite number of
names have been verified by the supervisor of elections and reported to the
board, the board shall, by resolution, call a referendum on the question of
the adoption of the proposed petition to be held at the next primary,
general or special election occurring at least one hundred twenty (120)
forty-five (45) days after the adoption of such resolution. If the question of
the adoption of the proposed petition is approved by a majority of those
registered electors voting on the question, the proposed petition shall be
enacted and shall become effective on the date specified in the petition, or,
if not so specified, on January 1 of the succeeding year.

B. Ordinance. Within thirty (30) days after the requisite number of
names have been verified by the supervisor of elections and reported to the
board, the board shall notice and hold a public hearing on the proposed
petition according to law and vote on it. If the board fails to adopt the
proposed petition, it shall, by resolution, call a referendum on the question
of the adoption of the proposed petition to be held at the next primary,
general or special election occurring at least one hundred twenty (120)
forty-five (45) days after the adoption of such resolution. If the question of
the adoption of the proposed petition is approved by a majority of those
registered electors voting on the question, the proposed petition shall be
declared by resolution of the board to be enacted and shall become
effective on the date specified in the petition, or, if not so specified, on
January 1, of the succeeding year. The board shall not amend or repeal an
ordinance adopted by initiative for a period of one (1) year after the
effective date of such ordinance.

C. The initiative power shall not be restricted, except as provided by
general law and this Charter.

Sec. 603. Limitation.

A. The power to enact, amend or repeal an ordinance by initiative
shall not include ordinances relating to administrative or judicial functions
Page 5 of 8
of county government, including but not limited to, county budget, debt
obligations, capital improvement programs, salaries of county officers and
employees and the levy and collection of taxes.

B. The power to amend this charter by initiative, or to enact, amend or
repeal an ordinance by initiative, shall not extend to the regulation of
private economic activity, the encumbrance or allocation of tax revenues
for any purpose not then authorized by law, the encumbrance or allocation
of tax revenues conditioned upon a prospective change in Florida law, or
the abbreviation of the term of any office during the term of that office, or
within one year prior to the election for that office.

C. Notwithstanding any other provision of this charter, the board is
prohibited from calling a referendum on the question of the adoption of
any proposed charter amendment or ordinance by initiative which, in the
determination of the board, is wholly or partially violative of the
limitations of this section.

D. Notwithstanding any other provision of this charter, the board is
prohibited from declaring enacted any ordinance by initiative which, in the
determination of the board, is wholly or partially violative of the
limitations of this section or Florida law.


Sec. 703. County officers.

A. The charter offices of property appraiser, tax collector and sheriff
formerly created by this section 703 are abolished. The functions and
duties of each of these respective charter offices are transferred to the
property appraiser, tax collector, and sheriff, as county officers under
Article VIII, Section 1(d) of the Florida Constitution and each of these
offices is hereby reestablished under Article VIII, Section 1(d) of the
Constitution of the State of Florida.

This subsection A. shall take effect on January 8, 1997. The holders of the
former charter offices of property appraiser, tax collector and sheriff as of
the effective date shall be retained and shall constitute the initial county
officers serving as property appraiser, tax collector and sheriff, as those
offices are reestablished under Article VIII, Section 1(d) of the
Constitution of the State of Florida.

B. Except as may be specifically set forth in the Charter, the county
officers referenced under Article VIII, Section 1(d) of the Florida
Constitution and Chapter 72-461, Laws of Florida, shall not be governed
by the Charter but instead governed by the Constitution and laws of the
State of Florida.
Page 6 of 8
C. The office of tax collector, as established under Article VIII,
Section 1(d) of the Constitution of the State of Florida, is hereby
abolished, and all of the duties of that office prescribed by general law are
transferred to a charter office of tax collector, which is hereby established.
The tax collector shall be a charter officer appointed and supervised in the
same manner as county department heads.

D. Elections for county officers, including the supervisor of elections,
clerk of the court, comptroller, property appraiser, and sheriff, shall be
nonpartisan. No county officer candidate shall be required to pay any
party assessment or be required to state the party of which the candidate is
a member. All county officer candidates' names shall be placed on the
ballot without reference to political party affiliation.

In the event that more than two (2) candidates have qualified for any
single county officer office, an election shall be held at the time of the first
primary election and, providing no candidate receives a majority of the
votes cast, the two (2) candidates receiving the most votes shall be placed
on the ballot for the general election.

E. Any county officer, including the supervisor of elections, clerk of
the court, comptroller, property appraiser, and sheriff, who has held the
same county office for the preceding two (2) full terms is prohibited from
appearing on the ballot for re-election to that office; provided, however,
that the terms of office beginning before May 27, 2014 shall not be
counted.

Section 2. Referendum Called. Pursuant to its authority and duty under Article VII of
the Orange County Charter, the Board of County Commissioners calls a referendum on the
amendment to the charter set forth in Section 1. The referendum shall be held at a special
referendum election to be held on May 27, 2014. The referendum shall be conducted pursuant to
the Mail Ballot Election Act (Sections 101.6101 through 101.6107, Florida Statutes) and,
pursuant to Section 101.6102(1)(a)2, Florida Statutes, the Board of County Commissioners of
Orange County, Florida, hereby authorizes the use of mail ballots for the referendum and all
other pending referenda. The ballot title and ballot summary for the referendum shall be as
follows:
Page 7 of 8
CHARTER AMENDMENT ADDING COMMISSION
DISTRICTS, REVISING INITIATIVE AND REFERENDUM
REQUIREMENTS, AND RELATING TO COUNTY
OFFICERS

Shall the Orange County Charter be amended to increase the number of county
commission districts and commissioners from six to eight, require the county
commission to adopt a redistricting plan for the eight commission districts in
2014, revise requirements and limitations relating to certain charter amendments
and ordinances by initiative, abolish the office of Tax Collector and consolidate
its functions with County Government, and provide for term limits and
nonpartisan elections for all county officers?

_______ Yes

_______ No

The Orange County Mayor is requested to transmit this ordinance immediately to the
Orange County Supervisor of Elections, and the Supervisor is requested to (1) authorize the use
of mail ballots for the referendum and all other pending referenda pursuant to Section
101.6102(1)(a)2, Florida Statutes, and thereafter comply with the Mail Ballot Election Act in
connection with the referendum, and (2) conduct the referendum scheduled hereby, canvas the
ballots and certify the election results to the County.
Section 3. Severability. If any section, subsection, sentence, clause, or provision of this
ordinance or the application thereof to any person or circumstance is held invalid for any reason,
the invalidity shall not affect any other provisions or applications of this ordinance, and to this
end the provisions of this ordinance are declared severable.
Section 4. Effective Dates. This ordinance shall take effect upon its enactment.
However, the amendment to the Orange County Charter in section 1 shall take effect only if and
when approved by a majority of the electors voting in the referendum called by the Board in
Section 2.
ADOPTED THIS 25
TH
DAY OF MARCH, 2014.
Page 8 of 8
Orange County, Florida
By: Board of County Commissioners



By: _______________________________
Teresa Jacobs
Orange County Mayor


Attest: Martha O. Haynie, Orange County Comptroller
As Clerk of the Board of County Commissioners



By: _______________________________
Deputy Clerk