SUBJECT/RECOMMENDATION:
Title
Action by City Council on Referendum Petition 26-01.
Body
SUMMARY:
On April 17, 2026, the Church of Scientology Flag Service Organization Incorporated (the “Applicant”) submitted an application to vacate certain right-of-way interests, which were held by the City of Clearwater (the “City”). The Applicant proposed a development project as defined in planning case FLS2026-04022 (the “Development”).
On June 4 and 18, 2026, the City Council found that the public interest was served in facilitating this Development by vacating the right-of-way, more particularly described as the southern portion of Garden Avenue. The City Council found that if the Development was constructed as proposed by the Applicant, then the City’s interest in the Right-of-Way was no longer necessary for municipal use and deemed it to be in the best interest of the City and the general public that the same be vacated and abandoned. The City agreed to conditionally vacate said Right-of-Way as set forth in Ordinance 9907-26, which was passed on the first reading on June 4, 2026, and adopted on the final reading on June 18, 2026.
Article VI of the City Charter sets forth the process for voters of the City to propose or repeal ordinances to City Council through initiative or referendum petitions. Pursuant to Section 6.04, Article VI of the Charter, any five voters may commence referendum proceedings by filing with the City Clerk an affidavit and citing the ordinance sought to be reconsidered. Section 6.05, Article VI of the Charter requires that the referendum petition must be signed by voters of the City equal in number to at least 10% of the total number of voters registered to vote in the last regular city election; that all papers of a petition must be in uniform size and style; and that each paper of a petition shall have attached to it an affidavit of the circulator. In the last regular City election, there were 70,675 registered voters. For a referendum petition to be sufficient, the petition would need to be signed by at least 7,067 Clearwater voters.
On June 23, 2026, a Petitioner’s Committee submitted Referendum Petition (26-01) pursuant to the Charter, seeking to have the City Council reconsider Ordinance 9907-26. On September 16, 2026, a Petitioner’s Committee submitted petitions signed by approximately 10,812 individuals.
On September 17, 2026, the City Council designated and directed the Pinellas County Supervisor of Elections to verify the petition signatures.
On September 17, 2026, the majority of the City Council directed the City Attorney to seek a Florida Attorney General Opinion regarding the applicability of F.S. Section 163.3167(8) to Referendum Petition 26-01. The City Attorney submitted the request for the AG Opinion on September 23, 2026. Two questions were posed to the Florida Attorney General, and the request is currently pending.
Does the Save the Garden petition seeking reconsideration and repeal of Ordinance No. 9907-26 conflict with Section 163.3167(8), F.S.?
Does Section 163.3167(8), F.S., prohibit application of the City Charter’s referendum process to the Save the Garden petition seeking reconsideration and repeal of Ordinance No. 9907-26?
On October 9, 2026, the Pinellas Supervisor of Elections provided the results of said verification. Based upon the results, Referendum Petition 26-01 contained 7,577 valid signatures and 3,235 invalid signatures.
On October 13, 2026, Deputy City Clerk issued a Certificate deeming Referendum Petition (26-01) sufficient due to being signed by at least 7,067 Clearwater voters.
Pursuant to Section 6.08 of the Charter, the City Council shall reconsider Ordinance 9907-26 by either voting its repeal or if the City Council does not repeal Ordinance 9907-26, it shall submit the referred ordinance to the voters of the City at a special election held within 90 to 150 days.