Agenda 09/11/2012 Item #17F9/11/2012 Item 17.F.
EXECUTIVE SUMMARY
Recommendation to adopt an Ordinance repealing an unnumbered ordinance codified as
Sec. 2 -26 (Franchises generally) 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 -26 (Franchises generally) 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 1961 (Laws of Fla. Ch. 61-
557, Sec. 1) created the following local law in Collier County:
Sec. 2 -26. - Franchises generally.
In addition to all other powers granted by law, the County acting through its
Board of County Commissioners may exercise its power of government for
County purposes by granting exclusive or nonexclusive franchises to persons and
municipal and quasimunicipal bodies for the performance of any proprietary
function, authority or power, or part thereof, and limit, condition, regulate and
otherwise control the use and performance of such franchise. No such franchise
shall extend into nor conflict with any incorporated municipality within such
County. The Board of County Commissioners may not regulate or control the use
of such franchise granted to any utility subject to the jurisdiction of the public
Service Commission, or cooperatives organized and existing under the rural
electrification cooperative law of this State.
The act codified in the above section was repealed as a state act and assumed ordinance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 51 -year old piece of legislation as a County ordinance. Collier County
may now exercise its right to grant franchises in furtherance of its home rule powers.
At its May 22, 2012 regular meeting, the Board authorized the County Attorney to
advertise the proposed Ordinance for future consideration.
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9/11/2012 Item 17.F.
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 action. -JAK
RECOMMENDATION: That the Board of County Commissioners adopts the attached
Ordinance repealing in its entirety an unnumbered ordinance codified as Sec. 2 -26 (Franchises
generally) 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.F.
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.F.
Item Summary: Recommendation to adopt an Ordinance repealing an unnumbered
ordinance codified as Sec. 2 -26 (Franchises generally) 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 4:37:00 PM
Approved By
Name: GreenwaldRandy
Title: Management /Budget Analyst,Office of Management & B
Date: 8/16/2012 8:51:10 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 8/23/2012 11:00:32 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 8/31/2012 9:16:31 AM
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9/11/2012 Item 17.F.
ORDINANCE NO. 2012 -
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.
WHEREAS, Ch. 61 -557, Sec. 1, Laws of Florida, created a local law in Collier County
dealing with the granting of exclusive and nonexclusive franchises; and
WHEREAS, this Act, codified as Sec. 2 -26 in the Code of Laws and Ordinances of
Collier County by the Municipal Code Corporation, provides as follows:
"Sec. 2 -26. - Franchises generally.
In addition to all other powers granted by law, the County acting through
its Board of County Commissioners may exercise its power of government for
County purposes by granting exclusive or nonexclusive franchises to persons and
municipal and quasimunicipal bodies for the performance of any proprietary
function, authority or power, or part thereof; and limit, condition, regulate and
otherwise control the use and performance of such franchise. No such franchise
shall extend into nor conflict with any incorporated municipality within such
County. The Board of County Commissioners may not regulate or control the use
of such franchise granted to any utility subject to the jurisdiction of the public
Service Commission, or cooperatives organized and existing under the rural
electrification cooperative law of this State;" 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 -26, Collier County Code of Laws and Ordinances.
Sec. 2 -26 of the Code of Laws and Ordinances of Collier County (Franchises generally)
is hereby repealed in its entirety.
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9/11/2012 Item 17.F.
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.
SECTION THREE: Conflict and Severability.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable lave, 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 leg�l sut'ficiency:
Jeffrey A. Klaizl ow
County Attorney
2012,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
2 of 2
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9/11/2012 Item W.F.
LAWS OF FLORIDA CHAPTER 8i -b57
Section 4. The county judge of Escambia county longest in contin-
uous service and able to act, shall be the administrative officer of the
court and of the county judges' office, and shall be responsible for
the dispatch of business, and shall control and direct the operation
of the office of county judge, and the distribution and assignment
of all judicial suits, causes, and matters to be tried, heard, decid-
ed, ordered or adjudged; provided that if the county judge longest
in continuous service is unable to act by reason of sickness, absence
or other .causes, then such duty shall devolve upon and be exer-
cised by the next judge of the court longest in continuous service,
but not otherwise.
Section 5. All laws or parts of laws in conflict herewith are re-
pealed.
Section 6. If any part of this act is declared unconstitutional or
inoperative, or should the application of this act to any official be
declared unconstitutional or inoperative, it shall not affect any other
part of this act nor the applicability of the remainder thereof.
Section 7. This act shall become effective only upon its approval-
by a majority of the electors voting in a referendum election to be
held on November 7,1961.
In the event such election is not held as authorized and provided
this act is void.
Became a law without the Governor's approval.
Filed in Office Secretary of State June 22, 1961.
CHAPTER 61 -557
HOUSE BILL NO. 3001
AN ACT giving authority to all counties in the State of Florida
having a population of not less than fifteen thousand seven hun-
dred (15,700) and not more than. sixteen thousand four hundred
{16,400) to grant franchises; defining the terms thereof and
providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. In addition to all other powers granted by law to such
counties; all counties within the State of Florida having a popu-
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9/11/2012 Item 17.F.
CE APTM 61 -558 LAWS OF FLORIDA
lation of not less than fifteen thousand seven hundred (15,700) and
not more than sixteen thousand four hundred (16,400) by the last
federal census acting through its board of county commissioners
may exercise its power of government for county purposes by grant-
ing exclusive or non- exclusive franchises to persons, firms, corpor-
ations, and municipal and quasi - municipal bodies for the perform-
ance of any proprietary function, authority or power, or part
thereof; and limit, condition, regulate and otherwise control the use
and performance of such franchise. Provided, however, that no such
franchise shall extend into nor conflict with any incorporated mu-
nicipality within such county; provided, further, that the board
of county commissioners may not regulate or control the use of such
franchise granted to any utility subject to the jurisdiction of the
Florida Railroad and Public Utilities Commission, or cooper-
atives organized and existing under the rural electrification cooper-
ative law of this state.
Section 2. It is declared to be the legislative intent, that if any
section, clause or provision of this act is held invalid, the remainder
of this act shall not be affected.
Section 3. This act shall become effective immediately upon be-
coming a law.
Became a law without the Governor's approval.
Filed in Office Secretary of State June 22, 1961.
CHAPTER 61 -558
HOUSE BILL NO. 3004
AN ACT relating to Broward County, Florida, exempting, except-
ing and excluding Broward County from the provisions of Chapter
6421, Acts of 1913; Chapter 6841, Acts of 1915; Chapters 7312 and
7333, Acts of 1917; Chapters 7877, 7879, 7880 and Acts of 1919;
Chapters 8493, 8495, 8498, 8521, 8535, 8541 and 8581, Acts of 1921;
Chapters 9140, 9181, 9261, 9274, 9292, 9295, 9314 and 9316, Acts
of 1923; Chapters 10051, 10059, 10060, 10063, 10135, 10138, 10139,
10140, 10141, 10145, 10219, 10292, 10298, 10300, 11357, 11379, 11380
and 11382, Acts of 1925; Chapters 11911,11913, 11917, 11920, 11975,
12034, 12207, 12208, 12209, 12276 and 12420, Acts of 1927; Chap-
ters 13591, 13665, 13714, 13871 and 14570, Acts of 1929; Chapters
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9/11/2012 Item 175.
44D )). Wednesday, August 29, 2012 )) N A P L ✓_ S D A I LY NEWS
NOTICE OF INTENT TO CONSIDER ORDINANCES
Notice is hereby given that on September 11, 2012 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 LFOR 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 will 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 L 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 con t act the, 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)
_August 29. 2012 No 1959 271
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