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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 _&jant • By: By: /1///7ruty Clerk PENNY TR, CH• , ' ► AN Atte to-Cheim !� signtore 'a Approved We ;orm and legality: i Jeffrey Al' z ow, County Attorney r _ 11~ j3 & ,90/q, r§s i Pr..QH ,. 2 f i,,,0-47%.,, 'y e. „ :,..w :. rt`. FLORIDA DEPARTMENT Of STATE t 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