Resolution 1995-039
9 A
RESOLUTION NO. ~
A RESOLUTION PROVIDING THAT SECTION 11 OF CHAPTER
67-1246, LAWS OF FLORIDA, NOT BE AMENDED AND THAT
THE ATTACHED AMENDMENTS TO SECTION 11 OF CHAPTER
67-1246, LAWS OF FLORIDA, NOT BE APPROVED.
WHEREAS, Section 11 of Chapter 67-1246, Laws of Florida,
requires an affirmative vote of four-fifths (4/5) of the full
membership of the governing body to effect any change in the
zoning ordinance; and
WHEREAS, the governing body deems it inappropriate at this
time to rush through an amendment relating to the voting
requirements of Section 11 of Chapter 67-1246, Laws of Florida,
without due consideration of the ramifications of such amendment
and without sufficient time to consider all aspects of such an
amendment including, but not limited to, the appropriate language
to effectuate such amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONER3 OF COLLIER COUNTY, FLORIDA, that the proposed
Special Act which amends Section 11, Chapter 67-1246, Laws ot
Florida, attached hereto as Exhibit "AIf, submitted by R. Bruce
Anderson, is not endorsed by the Board and the County Attorney is
requested to draft a proposed amendment to Chapter 67-1246, Laws
of Florida, requiring a majority plus one of those members voting.
This Resolution adopted after motion, second and majority
vote.
DATED: January 10, 1995
ATTEST:
~.DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
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Kenneth B. eu r
County Attorney
9 A
1 A bill to be entitled
2 An act applying to Collier County, relating
3 to planning, zoning and regulation of sub-
4 divisions; amending Chapter 67-1246, Laws of
5 Florida, requiring a majority affirmative vote
6 to change the zoning ordinance when on or more
7 members of the governing body abstains from
8 voting; providing an effective date.
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10 Be It Enacted by the Legislature of the state of Florida:
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12 section 1. section 11 of Chapter 67-1246, Laws of Florida,
13 is amended to read:
14 Section 11. Supplementing and amending the zoning ordinance.
15 The governing body may from time to time amend or supplement
16 the regulations and districts fixed by any zoning ordinance
17 adopted pursuant to this act. Proposed changes may be suggested
18 by the governing body, by the planning commission, or by petition
19 of the owners of fifty (50) per cent or more of the area involved
20 in the proposed changes. In the latter case, the petitioner or
21 petitioners may be required to assume the cost of pUblic notice
22 and other costs incidental to the hearings.
23 The planning commission, regardless of the source of the
24 proposal for change, shall hold a pUblic hearing or hearings
25 thereon, with due public notice, and submit its recommendation on
26 the proposed change to the governing body. The governing body may
27 hold a public hearing or hearings thereon, and shall act on the
28 recommendation. No change in the zoning ordinance shall become
29 effective except by an affirmative vote of four-fifths (4/5) of
30 the full membership of the governing body unless one or more
31 members of the aovernina body abstains from votina. in which case
32 an affirmative vote of a maioritv of those votina shall be
33 reauired.
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9 A
This act shall take effect upon becoming a law.
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