Resolution 1995-057
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RESOLUTION NO. 95-57
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 affir~ative vote of four-fifths (4/5) of the full
membership of tht~ 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
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the proposed
Special Act which amends Section 11, Chapter 67-1246, Laws of
Florida, attached hereto as Exhibit "A" is not approved and the
County Attorney is requested to draft for the spring 1996
Legislative Session 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 17, 1995
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
/ .~(
BY: ~~( 'y
~ETTYE [)MATTHEWS, CHAIRMAN
~f!:r"h~~ :J.~
'~~p roved ,as :'t: f~rm an~
legal SUfficiency;
~
Kenneth B. Cuy
County Attorn y
., I.
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A bill to be entitled
An act applying to Collier County, relating
to planning, zoning nnd regulation of sub-
divisions; amending Chapter 67-1246, Laws of
Florida, requiring a majority affirmative vote
to change the zoning ordinance when on or more
members of the governing body abstains from
voting; providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1.
Section 11 of Chapter 67-1246, Laws of Florida,
is amended to read:
Section 11. Supplementing and amending the zoning ordinance.
The governing body may from time to time amend or supplement
the regulations and districts fixed by any zoning ordinance
adopted pursuant to this act. Proposed changes may be suggested
by the governing body, by the planning commission, or by petition
of the owners of fifty (50) per cent or more of the area involved
in the proposed changes. In the latter case, the petitioner or
petitioners may be required to assume the cost of public notice
and other costs incidental to the hearings.
The planning commission, regardless of the source of the
proposal for change, shall hold a public hearing or hearings
thereon, with due pUblic notice, and submit its recommendation on
the proposed change to the governing body. The governing body may
hold a public hearing or hearings thereon, and shall act on the
recommendation. No change in the zoning ordinance shall become
effective except by an affirmative vote of four-fifths (4/5) of
the full membership of the governing body unless one or more
members of the qoverninq bodY abstains from votinq, in which case
an affirmative vote of a maioritv olus one of those members
votina shall be reauired.
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Words underlined are added; words otruE!Jt tfireugh are deleted.
1 Section 2.
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This act shall take effect upon becoming a law.
Words underlined are addedj words fr~~e~~u9h are deleted.
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