Agenda 05/22/2012 Item #16K 15/22/2012 Item 16.K.1.
EXECUTIVE SUMMARY
Recommendation to direct the County Attorney to advertise and bring back an Ordinance
to repeal an unnumbered ordinance codified as Sec. 2 -1 (Purchases from state division of
corrections) in the Code of Laws and Ordinances of Collier County.
OBJECTIVE: That the Board of County Commissioners (Board) repeals an unnumbered
ordinance codified as Sec. 2 -1 (Purchases from state division of corrections) in the Code of Laws
and Ordinances of Collier County.
CONSIDERATIONS: As part of the County Attorney's approved Action Plan, the County
Attorney's Office is conducting a complete review of the Collier County Code of Laws and
Ordinances to identify and correct inconsistencies that may have resulted from years of revision
and ensure that the Ordinances are not in conflict with current State or Federal law. This is part
of a series of Executive Summaries that will be coming to the Board.
Prior to the 1968 Florida Constitution Revision, which granted counties home rule power, all
municipal powers were dependent upon a specific delegation of authority by the legislature in a
general law or by special act.
As codified by the Municipal Code Corporation, State legislation in 1965 (Laws of Fla. Ch. 65-
845, Sec. 1) created the following local law in Collier County:
Sec. 2 -1. - Purchases from state division of corrections.
The sheriff, the board of county commissioners, or any school or public
institution or agency financed by county or municipal funds, is authorized to
purchase and the state division of corrections is authorized to sell any item,
including brick, produced, processed or manufactured by the division not required
for use therein or for use in any institution under the supervision of the board of
commissioners of state institutions.
The Act codified in the above section was repealed as a State Act and assumed ordinance
status pursuant to Laws of Fla. Ch. 71 -29.
The County Attorney knows of no purpose to be served by retaining this 47 -year old
piece of legislation as a County ordinance.
FISCAL IMPACT: The cost of advertising the Ordinance is approximately $300.00 and will
be paid from the County Attorney's budget.
GROWTH MANAGEMENT PLAN (GMP) IMPACT: None.
LEGAL CONSIDERATIONS: The proposed Ordinance was prepared by the County
Attorney's Office and is legally sufficient for Board action. A majority vote is required for
Board approval (JAK)
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5/22/2012 Item 16.K.1.
RECOMMENDATION: That the Board directs the County Attorney to advertise and bring
back an Ordinance repealing in its entirety an unnumbered ordinance codified as Sec. 2 -1
(Purchases from state division of corrections) in the Code of Laws and Ordinances of Collier
County.
PREPARED BY: Jeffrey A. Klatzkow, County Attorney
2
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5/22/2012 Item 16.K.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.1.
Item Summary: Recommendation to direct the County Attorney to advertise and bring
back an Ordinance to repeal an unnumbered ordinance codified as Sec. 2 -1 (Purchases from
state division of corrections) in the Code of Laws and Ordinances of Collier County.
Meeting Date: 5/22/2012
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
5/14/2012 4:14:42 PM
Approved By
Name: KlatzkowJeff
Title: County Attorney
Date: 5/15/2012 10:19:11 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 5/15/2012 3:28:15 PM
Name: OchsLeo
Title: County Manager
Date: 5/15/2012 4:33:08 PM
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5/22/2012 Item 16.K.1.
ORDINANCE NO. 2012 -
AN ORDINANCE REPEALING SEC. 2 -1 OF THE CODE OF
LAWS AND ORDINANCES OF COLLIER COUNTY
(PURCHASES FROM STATE DIVISION OF
CORRECTIONS); PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORDINANCES; PROVIDING FOR
CONFLICT AND SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Ch. 65 -845, Sec. 1, Laws of Florida, created a local law in Collier County
dealing with purchases from the State of Florida Division of Corrections; and
WHEREAS, this Act, codified as Sec. 2 -1 in the Code of Laws and Ordinances of
Collier County by the Municipal Code Corporation, provides as follows:
"Sec. 2 -1. - Purchases from state division of corrections.
The sheriff, the board of county commissioners, or any school or public
institution or agency financed by county or municipal funds, is authorized to
purchase and the state division of corrections is authorized to sell any item,
including brick, produced, processed or manufactured by the division not required
for use therein or for use in any institution under the supervision of the board of
commissioners of state institutions;" and
WHEREAS, pursuant to Ch. 71 -29, Laws of Florida, this provision was repealed as a .
State of Florida Act and assumed status as a local ordinance; and
WHEREAS, the Board of County Commissioners desires to repeal this ordinance in its
entirety as serving no present public purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Repeal of Sec. 2 -1, Collier County Code of Laws and Ordinances.
Sec. 2 -1 of the Code of Laws and Ordinances of Collier County (Purchases from state
division of corrections) is hereby repealed in its entirety.
SECTION TWO: 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
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5/22/2012 Item 16.K.1.
re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
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 the 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: Effective Date.
This Ordinance shall take effect upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of , 2012.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
County Attorney
By:
FRED W. COYLE, CHAIRMAN
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5/22/2012 Item 16.K.1.
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