Ordinance 2007-02
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AN ORDINANCE OF THE BOARD OF COLLIER COUNTY '-;.S1>f' G L / \"- /
COMMISSIONERS, FLORIDA AMENDING COLLIER COUNTY
ORDINANCE NO. 75-16, AS AMENDED, WHICH ESTABLISHES THE
TIME, PLACE AND CONDUCT OF THE MEETINGS OF THE BOARD
OF COUNTY COMMISSIONERS; ADDING NEW SUBSECTION ONE,
I(g) TO PROVIDE FOR SUPER-MAJORITY VOTING ON SPECIFIED
MATTERS AS REQUIRED BY GENERAL LAW, SPECIAL LAW,
ORDINANCE, OR BY RESOLUTION ADOPTED BY A MAJORITY OF
THE FULL MEMBERSHIP OF THE BOARD; RELETTERING FORMER
SUBSECTIONS ONE I(g) AND (h); PROVIDING FOR INCLUSION IN
THE CODE OF LAWS AND ORDINANCES, PROVIDING FOR
CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
ORDINANCE NO. 07_02
WHEREAS, certain matters that come before the Board of County Commissioners
require pursuant to general or special law a four-fifths (4/5) affirmative vote or super;.majority of
the Board of County Commissioners for purposes of adoption approval; and
WHEREAS, the Board of County Commissioners has further determined that it sho'uld
have the flexibility to require a four-fifths (4/5) vote of the full Board or super-majority vote:on
other matters deemed to be of significant importance to the public or in order to ensure that the
intent of a super-majority requirement imposed by general law, special law, or ordinance is
achieved.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: ADDITION OF NEW SUBSECTION ONE l(g) OF COLLIER COUNTY
ORDINANCE NO. 75-16, AS AMENDED
(g) Suver-Majority ExceTJtion. Whenever provided by €!enerallaw, special law,
ordinance, or as specified by resolution adopted by a maiority of the full membership of
the Board, and notwithstanding subsection 1.[, a motion, ordinance, legally binding
document or resolution may be required to be adopted by an affirmative vote of four-
fifths (4/5) of the full membership of the Board.
SECTION TWO: RELETTERING OF SUBSECTION ONE l(g) OF COLLIER COUNTY
ORDINANCE NO. 75-16, AS AMENDED to Section ONE l(h)
fgj fh2 Rules of debate. The following rules of debate shall be observed by the
board. Except as herein provided questions of order and the conduct of business shall be
governed by Robert's Rules of Order.
(1) Motion under consideration. When a motion is presented and seconded, it
is under consideration and no other motion shall be received thereafter,
except to adjourn, to lay on the table, to postpone, or to amend until the
question is decided. These countermotions shall have preference in the
order in which they are mentioned, and the first two shall be decided
without debate. Final action upon a pending motion may be deferred until
the next meeting by majority of the members present.
(2) Chairman participation. The presiding chairman may move, second and
debate from the chair, and shall not be deprived of any of the rights and
privileges of a commissioner by reason of being the presiding chairman.
(3) Form of address. Each member shall address only the presiding officer
for recognition, shall confine himself to the question under debate, and
shall avoid personalities and indecorous language.
(4) Interruption. A member, once recognized, shall not be interrupted except
by a call to order or as herein otherwise provided. If a member is called to
order, he shall stop speaking until the question is determined by the
presiding officer. Any member may appeal the decision of the chair to the
board for decision by majority vote.
(5) Privilege of closing debate. The commissioner moving for the adoption of
an ordinance, resolution or other act shall have the privilege of closing
debate unless otherwise directed by the chair.
(6) The question. Upon the closing of debate any member may require a roll
call vote. Any member may give a brief statement or file a written
explanation of his vote.
SECTION THREE: RELETTERING OF SUBSECTION ONE l(h) OF COLLIER COUNTY
ORDINANCE NO. 75-16, AS AMENDED to Section ONE 1(i)
Wi Minutes. The minutes of prior meetings approved by a majority of the
members present shall become the official minutes. Each resolution, ordinance
and legally binding document shall be signed by the presiding officer at the
meeting and by the clerk and entered in the minutes.
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 Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
re-Iettered to accomplish such, and the word "ordinance" may be changed to "section", "article",
or any other appropriate word.
SECTION FIVE:
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 the Ordinance is held
invalid or unconstitutional by a 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 SIX:
EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ~'day of \~f'i.~ ,2007.
ATTEST:
Dwight E. Brock, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLO IDA
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LETT A, CHAIRMAN
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Approved as to form and legal sufficiency:
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Mic ael W. Petti
Chief Assistant County Attorney
$tl}te or FlOi'tfDA
.;ounty [;it COLUE'ft
I HEREBY CH:T) FY TH/',T this Is a true and
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DWIGHT Eo BROC,K, CLERK CF COURTS
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This ordinance filed with the
Secr:Mary of ~tote/s Office the
.~ day o~~ I ~d7
a,n.d ocknowledgemelJt _oL thai
fdmg received this ~ doy
Of~7
By Deputy ~
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2007-02
Which was adopted by the Board of County Commissioners on
the 9th day of January 2007, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 11th day
of January 2007.
DWIGHT E. BROCK:~ )').,
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Clerk of couiti'a~d tlerk
Ex-officio to' Board ,of: ,
Co ty Commi~sioneks '
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By:Martha Ver -~~~.
Deputy Clerk