Ordinance 2017-11 ORDINANCE NO. 2017- 11
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, INSTITUTING TERM LIMITS ON
COMMISSIONERS BY PROVIDING THAT AN INDIVIDUAL SHALL
NOT BE ELIGIBLE FOR ELECTION AS A COMMISSIONER FOR
MORE THAN THREE CONSECUTIVE FOUR YEAR TERMS; THAT
SERVICE AS A COMMISSIONER PRIOR TO THE TERMS THAT
COMMENCED IN NOVEMBER 2016 SHALL NOT BE CONSIDERED IN
APPLYING THE TERM LIMITATIONS OF THIS ORDINANCE; THAT
SERVICE OF A TWO-YEAR TERM, OR ANY OTHER PARTIAL TERM
SUBSEQUENT TO NOVEMBER 2016, SHALL NOT BE CONSIDERED IN
APPLYING THE TERM LIMITATION PROVISIONS OF THIS
ORDINANCE; PROVIDING FOR INCLUSION IN THE CODE OF LAWS
AND ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners wish to enact term limits for the Board
of County Commissioners; and
WHEREAS, under its broad Constitutional Home Rule powers, the Board of County
Commissioners may adopt ordinances and resolutions to the extent not inconsistent with general
or special law; and
WHEREAS, the Florida Supreme Court in Telli vs. Broward County affirmed the Home
Rule powers of counties to govern themselves, including term limits of their officials.
WHEREAS, the Board of County Commissioners finds that instituting term limits on
Collier County Commissioners is in the best interests of the County and its residents and
promotes the health, safety and welfare of the public.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
SECTION ONE: INTENT.
The above recitals are hereby adopted as the legislative purpose of this Ordinance and as the
Board's legislative findings.
SECTION TWO: TERM LIMITS.
Effective with the terms of the Commissioners that commenced in November 2016, an individual
shall not be eligible for election as a Commissioner for more than three consecutive four year
terms. Service as a Commissioner prior to the terms that commenced in November 2016 shall
not be considered in applying the term limitations of this Section. Service of a two-year term, or
any other partial term subsequent to November 2016, shall not be considered in applying the
term limitation provisions of this Section.
SECTION THREE: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FOUR: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinance of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION FIVE: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by a vote of a majority of the Board of County
Commissioners of Collier County, Florida, this \ \+t,day of Q-p,,,,N\ , 2017.
ATTEST: , BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK �CLERK COLLIE40 TY, FLORIDA
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By: By: /1///7ruty Clerk PENNY TR, CH• , ' ► AN
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Approved We ;orm and legality:
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Jeffrey Al' z ow, County Attorney
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FLORIDA DEPARTMENT Of STATE
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RICK SCOTT KEN DETZNER
Governor Secretary of State
April 13, 2017
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Teresa L. Cannon, Deputy Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 17-11, which was filed in this office on April 13, 2017.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us