Agenda 07/24/2012 Item #16K17/24/2012 Item 16.x.1.
EXECUTIVE SUMMARY
Recommendation to direct the County Attorney to advertise and bring back an Ordinance
to repeal an unnumbered ordinance codified as Sec. 78 -28 (Sale of canned goods) 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. 78 -28 (Sale of canned goods) 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 1963 and 1965 (Laws of Fla.
Ch. 63 -581, Sec. 1 and Ch. 65 -1026, Sec. 1) created the following local law in Collier County:
"Sec. 78 -28. - Sale of canned goods.
The division of corrections is authorized to sell canned goods to jails and
stockades in the county.
The act codified in the above section was repealed as a state act and assumed ordinance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 49 -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)
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. 78 -28
(Sale of canned goods) in the Code of Laws and Ordinances of Collier County.
PREPARED BY: Jeffrey A. Klatzkow, County Attorney
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7/24/2012 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. 78 -28 (Sale of canned
goods) in the Code of Laws and Ordinances of Collier County.
Meeting Date: 7/24/2012
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
7/5/2012 9:50:43 AM
Approved By
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 7/5/2012 11:09:32 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 7/6/2012 8:44:52 AM
Name: OchsLeo
Title: County Manager
Date: 7/10/2012 3:39:04 PM
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7/24/2012 Item 16.K.1.
ORDINANCE NO. 2012 -
AN ORDINANCE REPEALING SEC. 78 -28 OF THE CODE
OF LAWS AND ORDINANCES OF COLLIER COUNTY
(SALE OF CANNED GOODS); PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Ch. 63 -581, Sec. 1, Laws of Florida and Ch. 65 -1026, Sec. 1, Laws of
Florida, created a local law in Collier County authorizing the Division of Corrections to sell
canned goods to County jails and stockades; and
WHEREAS, this Act, codified as Sec. 78 -28 in the Code of Laws and Ordinances of
Collier County by the Municipal Code Corporation, provides as follows:
"Sec. 78 -28. - Sale of canned goods.
The division of corrections is authorized to sell canned goods to jails and
stockades in the county."
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. 78 -28, Collier County Code of Laws and Ordinances.
Sec. 78 -28 of the Code of Laws and Ordinances of Collier County (Sale of canned goods)
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
re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
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7/24/2012 Item 16.x.1.
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
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
County Attorney
2012.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
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7/24/2012 Item 16.K.1.
CHAPTER 63 -581 LAWS OF FLORIDA
CHAPTER 63-580
SENATE BILL NO. 830
AN ACT relating to distribution of race track money in any county
of the state having a population of not less than six thousand eight
hundred (6,800) nor more than seven thousand four hundred
(7,400) according to the latest official decennial census; providing
an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. In any county of the state having a population of
not less than six thousand eight hundred (6,800) nor more than
seven thousand four hundred (7,400) according to the latest official
decennial census, two thousand five hundred dollars ($2,500.00)
per year shall be allocated and appropriated to the county planning
and developnent commission of such county from the race track
funds accruing to such county. This allocation shall be in addition
to any other funds now being received by the county planning and
development commission in the county.
Section 2. This act shall take effect immediately upon becoming
a Iaw.
Became a law without the Governor's approval.
Filed in Office Secretary of State July 10, 1963.
CHAPTER. 63 -581
SENATE BILL NO. 1102
AN ACT relating to all counties of the state having a population
of not less than two thousand eight hundred seventy (2,870) nor
more than two thousand nine hundred twenty -five (2,925); of, not
Iess than five thousand eight hundred (5,800) nor more than six
thousand one hundred (6,100); of not less than seven thousand
five hundred (7,500) nor more than nine thousand one hundred
(9,100) ; of not less than ten thousand four hundred (10,400) nor
more than eleven thousand four hundred (11,400) ; of not Iess
than eleven thousand seven hundred (11,700) nor more than
twelve thousand three hundred (12,300); of not less than twelve
thousand three hundred eighty (12,380) nor more than sixteen
thousand four hundred (16,400); of not less than seventeen thou-
sand (17,000) nor more than twenty thousand (20,000) ; of not less
8
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than tw.
twenty -f
sand sevi
(38,000);
than fik
two hun,
sixty the
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date.
Be It Enac
Section
less than t,
two thous
five thous;
hund -
(7,506
less than t
thousand.
seven hun
dred (12,3
(12,380) r
of not les:
thousand
(20,500) r.
than thin
thirty -eigl
(52,000) r.
of not les:
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. Section
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7/24/2012 Item 16.K.1.
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LAWS OF FLORIDA CHAPTER 63 -581
than twenty thousand five hundred (20,500) nor more than
thousand (23,000); of not less than thirty-six thou-
twenty -three
sand seven hundred (36,700) nor more than thirty -eight thousand
(38,000); of not less than fifty-two thousand (52,000) nor more
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than fifty -four thousand eight hundred (54,800); of not less than
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two hundred thousand (200,000) nor more than two hundred and
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sixty thousand (260,000), of not less than eight thousand three
than nine thousand four hundred
hundred (8,300) and not more
(9,400), according to the latest official decennial census; authoriz-
ing the division of corrections to sell canned goods to school lunch -
rooms, jails and stockades in such counties; providing an effective
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date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. In all counties of the state having a population of not
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less than two thousand eight hundred seventy (2,870) nor more than
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two thousand nine hundred twenty -five (2,925); of not less than
hundred (5,800) nor more than six thousand one
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five thousand eight
hundred (6,100); of not less than seven thousand five hundred
than nine thousand one hundred (9,100) ; of not
(7,500) nor more
less than ten thousand four hundred (10,400) nor more than eleven
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thousand four hundred (11,400); of not less than eleven thousand
seven hundred (11,700) nor more than twelve thousand three hun-
dred (12~300); of not less than twelve thousand three hundred eighty
(12,380) nor more than sixteen thousand four hundred (16,400);
of not less than seventeen thousand (17,000) nor more than twenty
less than twenty thousand five hundred
thousand (20,000); of not
(20,500) nor more than twenty -three thousand (23,000); of not less
than thirty -six thousand seven hundred (36,700) nor more than
(38,000); of not less than fifty -two thousand
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thirty -eight thousand
(52,000) nor more than fifty -four thousand eight hundred (54,800);
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of not less than two hundred thousand (200,000) nor more than two
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hundred and sixty thousand (260,000), of n ot less than eight thou -
than nine thousand four
d
sand three hundred (8,300) and not more
hundred (9,400) according to the latest official decennial census,
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the division of corrections is authorized to sell canned goods to
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school lunchrooms, jails and stockades in such counties.
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Section 2. This act shall take effect immediately upon becoming
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a law.
Became a law without the Governor's approval.
Filed in Office Secretary of State July 10, 1963.
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7/24/2012 Item 16.K.1.
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LAWS OF FLORIDA CHAPTER. 65 -1026
er o ;
CHAPTER 65 -1026
mile
and
HOUSE BILL NO. 80
Kin-
AN ACT relating to all counties of the state having a popu-
ed by
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lation of not less than two thousand eight hundred seventy
ission;
(2,870) nor more than two thousand nine hundred twenty-
five (2,925) ; of not less than four thousand four hundred
(4,400) and not more than four thousand five hundred (4,-
nelon
500) ; of not less than five thousand eight hundred (5,800)
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nor more than six thousand one hundred (6,100) ; of not less
fresh
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than seven thousand , five hundred (7,500) nor more than
nine thousand one hundred (9,100) ; of not less than ten
thousand four hundred (10,400) nor more than eleven thou -
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sand four hundred (11,400) ; of not less than eleven thou -
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sand seven hundred (11,700) nor more than twelve thou -'
mage`
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sand three hundred (12,300) ; of not less than twelve thou-
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sand three hundred eighty (12,380) nor more than six -
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teen thousand four hundred (16,400) ; of not less than. seven-
e
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teen thousand (17,000) nor more than twenty. thousand
a
la: -,
(20,000) ; of not less than twenty thousand five hundred
t are
. (20,500) nor more than twenty -three thousand ( 23,000) ;
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of not less than thirty thousand (30,000) and not more
than thirty thousand two hundred (30,200) ; of not less than
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thirty -six 'thousand seven hundred (36,700) nor more than
thirty -eight thousand (38,000) ; of not less than fifty -two
fate
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thousand (52,000) nor more than fifty -four thousand eight
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tagea
hundred (54,800) ; of not less than two hundred thousand
(200,000) nor more than two hundred and sixty thousand
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(260,000) ; of not less than eight thousand three hundred
and
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(8,300) and not more than nine thousand four hundred
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(9,400) ; of not less than nine hundred thousand (900,000) ; of
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not less than eighty thousand (80,000) and not more than
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one hundred twenty thousand (120,000) , according to the
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latest official decennial census, authorizing the division of
corrections to sell canned goods to school lunchrooms, jails,
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stockades in such counties; amending chapter 63 -581, laws
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law:
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of Florida; p'ry
roviding an effective date.
Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 1 of chapter 63 -581, general laws of Flbri-
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da 1963 is amended to read:
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7/24/2012 Item 16.K.I.
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CHAPTER 65-1027 LAWS OF FLORIDA
Section 1. In all counties of the state having a population
of not less than two thousand eight hundred seventy (2,870) nor
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more than two thousand nine hundred twenty-five (2,925) ; of
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not less than five thousand eight hundred (6,800) nor inore
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than six thousand one hundred (6,100) ; of not less than seven
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thousand five hundred (7,500) nor more than nine thousand
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one hundred (9,100) of not less than ten thousand four hun -
dred (10,400) nor more than eleven thousand four hundred
Be
(11,400) ; of not less than eleven thousand seven hundred (11,_
700) nor more than twelve thousand three hundred (12,300);
cou
of not less than twelve thousand three hundred eighty (12,380
less
nor more than sixteen thousand four hundred (16,400) ; of not
rte''
tha
less than seventeen thousand (17,000) nor more than twenty
to I
thousand (20,000) of not less than twenty thousand five hun-
dre
dred (20,500) nor more than twenty-three thousand (23,000).
of not less than thirty-six thousand seven hundred (36,700;
att(
nor more than thirty-eight thousand (38,000) ; of not less than
p
fifty-two thousand (52,000) nor more than fifty-four thousand
eight hundred (54,800) ; of not less than two hundred thousand
(200,000) nor more than two hundred and sixty thousand
tia
(260,000) ; of not less than eight thousand three hundred (8,300)
and not more than nine thousand four hundred (9,400) ; of not
less than 900,000; of not less than eighty thousand (80,000)
and not more than one hundred twenty thousand (120,000) ;
of not less than 30,000 and not more than 30,200; of not less
than 4,400 nor more than 4,500, according to the latest official
decennial census, the division of corrections is authorized to
sell canned goods to school lunchrooms, jails and stockades in
such counties.
AN
Section 2. This act shall take effect immediately upon be-
coming a law.
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Became a law without the Governor's approval.
Filed in Office Secretary of State June.25, 1965.
........ ........
Be
.... . .. . . ..
CHAPTER 65-1027
of
HOUSE BILL NO. 2922
On(
off!
AN ACT relating to small claims court in all counties of the
UPI
606
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