Agenda 09/11/2012 Item #17D9/11/2012 Item 17.D.
EXECUTIVE SUMMARY
Recommendation to adopt an ordinance repealing 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The act codified in the above section was repealed as a state act and assumed ordinance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.
At its July 24, 2012 regular meeting, the Board authorized the County Attorney to
advertise the proposed Ordinance for future consideration.
FISCAL IMPACT: The cost of advertising the Ordinance was approximately $54.00 and was
paid from the County Attorney's budget.
GROWTH MANAGEMENT PLAN (GMP) IMPACT: None.
LEGAL CONSIDERATIONS: The proposed Ordinance was prepared by the County
Attorney, is legally sufficient, and requires majority vote for Board approval. —JAK
RECOMMENDATION: That the Board of County Commissioners adopts the attached
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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9/11/2012 Item 17.D.
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.D.
Item Summary: Recommendation to adopt an ordinance repealing an unnumbered
ordinance codified as Sec. 78 -28 (Sale of canned goods) in the Code of Laws and Ordinances of
Collier County.
Meeting Date: 9/11/2012
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
8/15/2012 4:03:02 PM
Approved By
Name: GreenwaldRandy
Title: Management /Budget Analyst,Office of Management & B
Date: 8/15/2012 4:20:00 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 8/23/2012 10:57:07 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 8/31/2012 9:06:57 AM
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9/11/2012 Item 17.D.
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;" 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. 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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9/11/2012 Item 17.D.
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:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form
and llgal�suffi4ncy;
Jeffrey A. Klatzkow
County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
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9/11/2012 Item 17.D.
CHAPTER 63 -581 LAWS OF FLORIDA
than tvr
CHAPTER 63 -580
twenty -C
SENATE BILL NO. 830
sand sev
AN ACT relating to distribution of race track money in any county
(38,000);
of the state having a population of not less than six thousand eight
than fift,
hundred (6,800) nor more than seven thousand four hundred
two hurnl
(7,400) according to the latest official decennial census• providing
sixty the
an effective date.
hundred
(9,400),
Be It Enacted by the Legislature of the State of Florida:
in- the d
Section 1. In any county of the state having a population of
rooms, y
not less than six thousand eight hundred (6,800) nor more than
date.
seven thousand four hundred (7,400) according to the latest official
Be It Enac
decennial 1 ce nsus two thousand five hundred dollar s 2 50 .0
($ ' 0 0)
Section
per year shall be allocated and appropriated to the county planning
less than t•
and development commission of such county from the race track
funds accruing to such county. This allocation shall be in addition
two thous
to any other funds now being received by the county planning and
five thous-,
hundr
development commission in the county.
(7,501
Section 2. This act shall take effect immediately upon becoming
less than "t
a law.
thousand
Became a Iaw without the Governor's approval.
seven hun
Filed in Office Secretary of State July 10, 1963.
dred (12,3
(12,380) z
of not less
CHAPTER 63 -581
thousand
SENATE BILL NO. 1102
(20,500) r.
than thirl
AN ACT relating to all counties of the state having a population
thirty -eigl
of not less than two thousand eight hundred seventy (2,870) nor
(52,000) r
more than two thousand nine hundred twenty -five (2,925); of not
of not less
less than five thousand eight hundred (5,800) nor more than six
hundred
thousand one hundred (6,100); of not less than seven thousand
sand thre,
five hundred (7,500) nor more than nine thousand one hundred
hundred
(9,100) ; of not less than ten thousand four hundred (10,400) nor
the divisi
more than eleven thousand four hundred (11,400) ; of not less
school lui
than eleven thousand seven hundred (11,700) nor more than
Section
twelve thousand three hundred (12,300); of not less than twelve
a law.
thousand three hundred eighty (12,380) nor more than sixteen
thousand four hundred (16,400); of not less than seventeen thou-
BecamE
;''` sand (17,000) nor more than twenty thousand (20,000) ; of not less
Filed it
8
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9/11/2012 Item 17.D.
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LAWS OF FLORIDA CHAPTER 63 -581
than twenty thousand five hundred (20,500) nor more than
(23,000); of not less than thirty -six thou-
twenty -three thousand
sand seven hundred (36,700) nor more than thirty -eight thousand
(38,000); of not less than fifty-two thousand (52,000) nor more
'y
than fifty -four thousand eight hundred (54,800); of not less than
it
two hundred thousand (200,000) nor more than two hundred and
'd
sixty thousand (260,000), of not less than eight thousand three
than nine thousand four hundred
a
hundred (8,300) and not more
(9,400), according to the latest official decennial census; authoriz-
mg the division of corrections to sell canned goods to school lunch -
rooms, jails and stockades in such counties; providing an effective
Jf
date.
n
�1
Be It Enacted by the Legislature. of the State of Florida:
�)
Section 1. In all counties of the state having a population of not
(2,870) nor more than
g
k
less than two thousand eight hundred seventy
thousand nine hundred twenty -five (2,925); of not less than
n
two
five thousand eight hundred (5,800) nor more than six thousand one
d
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
g
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);
thousand (17,000) nor more than twenty
of not less than seventeen
thousand (20,000); of not less than twenty thousand five hundred
(20,500) nor more than twenty -three thousand (23,000); of not less
than thirty -six thousand seven hundred (36,700) nor more than
of not less than fifty -two thousand
n
thirty -eight thousand (38,000);
(52,000) nor more than fifty -four thousand eight hundred (54,800);
r
of not less than two hundred thousand (200,000) nor more than two
it
K s.
hundred and sixty thousand (260,000), of not less than eight thou-
and not more than nine thousand four
sand three hundred (8,300)
hundred (9,400) according to the latest official decennial census,
3
,
the division of corrections is authorized to sell canned goods to
r
school lunchrooms, jails and stockades in such counties,
s
Section 2. This act shall take effect immediately upon becoming
e
a
a law.
Became a law without the Governor's approval.
-
Filed in Office Secretary of State July 10,1963.
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9/11/2012 Item 17.D.
Z4D )). Wednesday, August 29, 2012 )) N A P L E S D A I LY N E W S
NOTICE OF INTENT TO CONSIDER ORDINANCES
Notice is hereby given that on September 11, 2D12 in the Boardroom, 3rd Floor,
Administration Building, Collier County Government Center, 3299 East Tamiami
Trail, Naples, Florida, the Board of County Commissioners will consider . the
enactment of the following County Ordinances. The meeting will commence at
9:00 A.M. The titles of the proposed Ordinances are as follows: ;
AN ORDINANCE REPEALING SEC. '46 -5 OF THE CODE OF LAWS AND ORDINANCES
OF - COLLIER COUNTY (FEE FOR ALIMONY :PAYMENTS AND COLLECTION);
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING
FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
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.
AN ORDINANCE REPEALING SEC. 98 -1 OF THE CODE OF LAWS AND ORDINANCES
OF COLLIER COUNTY '(EXPENDITURES FOR LIGHTING); PROVIDING FOR INCLUSION
IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE:
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.
AN ORDINANCE .REPEALING .SEC. 2 -26 OF THE CODE. OF LAWS AND ORDINANCES
OF COLLIER COUNTY (FRANCHISES GENERALLY); PROVIDING FOR INCLUSION IN
THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinances are on file with the Clerk to the Board and are
available for inspection. All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item. must register with the
County administrator prior to presentation of the agenda item to be addressed.
Individual speakers wilf be limited to 3 minutes on any item. In any case, written.
materials intended to be considered by the Board shall be submitted to the
appropriate County staff a minimum of seven days prior to the public,hearing.
If you are a .person with a disability who needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to you, to the provision
of certain assistance. Please contact the L Collier County Facilities Management
Department, located at 3335.Tamiami Trail East, Building W, Naples, Florida 34112,
{239) 252 -8380. Assisted listening devices for the hearing impaired are available in
the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
Auo ,c -7012 No 19LUU
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