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County’s 60% Voting Requirement to Amend Charter Held Unconstitutional
Local Government Law Blog
Written by Becky Vose   
Friday, August 14 2009 00:00

In November, 2008, the 1st DCA ruled that an amendment to the Clay County home rule charter to require a 60% majority for approval of future amendments to the charter, violated the Florida constitutional requirement of a simple majority vote.  This case will no doubt have an effect on numerous counties because such a 60% voting requirement has been a popular amendment to county charters.

The 1st DCA is the only appellate court to so far rule on this issue, but in the absence of rulings by another DCA or the Florida Supreme Court, the ruling will be binding on trial courts throughout the state.  Citizens for Term Limits & Accountability, Inc. v. Lyons, 995 S0.2d 1051 (Fla. 1st DCA 2008)

 
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