Agenda 04/12/2011 Item #17D
4/12/2011 Item 17.0.
EXECUTIVE SUMMARY
Recommendation to adopt an Ordinance amending Ordinance No. 2006-03 (the Collier
County Airport-Type Screening Ordinance) in order to expand the airport-type security
searches to include individuals entering the Immokalee Government Center (Courthouse)
and the James V. Mudd Emergency Services Center.
OBJECTIVE; That the Board of County Commissioners (Board) adopts an amendment to the
Collier County Airport-Type Screening Ordinance so as to authorize airport-type security
searches of individuals entering the Immokalee Government Center (Courthouse) and the
James V. Mudd Emergency Services Center, in addition to the W. Harmon Turner Building
(Administration Building) at the Main Government Complex,
CONSIDERATIONS: Collier County Ordinance No, 2006-03 authorizes airport-type searches of
individuals entering the W. Harmon Turner Building (Administration Building) at the Main
Government Complex and limits weapons within the facility. Staff is recommending amending
the Ordinance to include the Immokalee Government Center where court proceedings are held
and the James V. Mudd Emergency Services Center which houses Sheriff's Office activities.
~,
The Immokalee Government Center houses a full courtroom and holding cells and for years was
used regularly by the courts. During that time, the facility was under a judicial order that
restricted the possession of firearms and other weapons. Recently, the courts have limited their
use of this facility. For this reason, staff is recommending that Ordinance No, 2006-03 be
amended to include this facility. This will limit guns and other prohibited items within the
confines of this building, Additionally, the Ordinance would include the Emergency Services
Center that houses the Sheriff's Substation and the Sheriff's 911 Center, along with other
emergency services (Emergency Medical Services and the Emergency Operations Center).
Weapon screening at this facility would be included in the Ordinance but limited as provided for
within the County Manager's Administrative (CMA) Procedures, The Sheriff's Office has
reviewed this summary and does not object. The amended Ordinance allows certified law
enforcement officers to bring weapons into the facilities.
The applicable procedures are part of the County Manager's Administrative (CMA) Procedures
and, as a "Manual for Security Personnel," are exempt from public records disclosure in
accordance with subsection 119,071, Florida Statutes." Amendments to these procedures are
the responsibility of the Department of Facilities Management, Government Security Section,
and the County Manager's Office, and will be adopted without further authorization from the
Board, but subject to text approval by the County Attorney, Some elements of the CMA have
been incorporated into the Ordinance,
At its March 8, 2011, regular meeting, the Board authorized the Department of Facilities
Management to advertise the proposed Ordinance for future consideration, The proposed
Ordinance was properly advertised on March 27, 2011,
FISCAL IMPACT: No additional expenses are anticipated. Staff will utilize existing equipment,
when needed.
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LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office and
is legally sufficient. A majority vote is required. - STW
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4/12/2011 Item 17.0.
GROWTH MANAGEMENT IMPACT: Adoption of this Ordinance will have no Growth
Management impact.
RECOMMENDATION: That the Board of County Commissioners adopts the attached
Ordinance amending Ordinance No, 2006-03 (the Collier County Airport-Type Screening
Ordinance) in order to expand airport-type searches to include individuals entering the
Immokalee Government Center (Courthouse) and the James V, Mudd Emergency Services
Center.
Prepared By: Skip Camp, CFM, Director, Department of Facilities Management
Attachments: Proposed Ordinance
Legal Ad
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4/12/2011 Item 17.0.
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.0.
Item Summary: Recommendation to adopt an Ordinance amending Ordinance No. 2006-
03 (the Collier County Airport-Type Screening Ordinance) in order to expand the airport-type
security searches to include individuals entering the Immokalee Government Center
(Courthouse) and the James V. Mudd Emergency Services Center.
Meeting Date: 4/12/2011
Prepared By
Name: SheppardJerrie
Title: Administrative Assistant,facilities Management
3/111201110:51:06AM
Submitted by
Title: Director - Facilities Management.facilities Manage
Name: CampS kip
3/11/2011 10:51 :07 AM
Approved By
Name: SmithKristen
Title: Administrative Secretary,Risk Management
Date: 3/11120 I 1 1: 19:39 PM
Name: CampSkip
Title: Director - Facilities Management,FacilitiesManage
Date: 3/15/2011 10:34:24 AM
Name: WilliamsSteven
Titie: Assistant County Attorney,County Attorney
Date: 3/18/2011 1 :39:36 PM
Name: PriceLen
Title: Administrator - Administrative Services,
Date: 3/3 J!20 11 9:30: I 5 AM
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Name: WilliamsSteven
Title: Assistant County Attorney,County Attorney
Date:3/31/201111:14:32AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 411/20 II 8:55:23 AM
Name: StanleyTherese
Title: ManagementJBudget Analyst, Senior, Office of Management & Budget
Date: 411/20] I 1: 12:26 PM
Name: OchsLeo
Title: County Manager
Date: 4/2/201 13:41:13 PM
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4/12/2011 Item 17.0.
4/12/2011 Item 17.0.
ORDINANCE NO. 2011 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2006-03,
THE COLLIER COUNTY AIRPORT-TYPE SCREENING ORDINANCE,
BY EXPANDING ITS AUTHORIZATION FOR AIRPORT-TYPE
SECURITY SCREENING AND SEARCHES TO INCLUDE THE
IMMOKALEE GOVERNMENT CENTER (COURTHOUSE) AND THE
JAMES V. MUDD EMERGENCY SERVICES CENTER; PROVIDING
FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION
IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Collier County Ordinance No. 2006-03 (the Collier County Airport-Type
Screening Ordinance) a Criminal Ordinance in the context of Section 901.151, Florida Statutes
and other Florida Statutes, authorizes airport-type security searches of individuals entering the
Administration Building at the Collier County Government Complex; and
WHEREAS, the Board of County Commissioners desires to expand this authorization to
provide airport-type security searches at the Immokalee Government Center (Courthouse) and
the James V. Mudd Emergency Services Center.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
AMENDMENT TO SECTION ONE OF ORDINANCE NO. 2006-03.
Section One of Ordinance No. 2006-03 is hereby amended to read as follows:
* * * * * *
(e) This Ordinance is the Collier County Airport-type Screening Ordinance, a Criminal
Ordinance in the context of Section 910.151 901,151, Florida Statutes and other Florida Statutes.
These provisions apply only to the Collier County Administration Building (W. Harmon Turner),
the Irnmokalee Government Center, and the James V. Mudd Emergencv Services Center. The
County Manager is hereby authorized to adopt and amend Airport-type Screening Policies and
Procedures subject to text approval by the County Attorney. The County Manager and designees
of the County Manager are hereby authorized to conduct airport-type screening at the W.
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4/12/2011 Item 17.0.
Hannon Turner Building, the Immokalee Government Center. and the James V. Mudd
Emergencv Services Center in accordance with those Policies and Procedures, and to have a
walk-through magnetometer and x-ray machines installed and maintained at the security
entrance!! of said f.dmiaistratiea BQuildings to which the Collier County Sheriff and all deputies
shall not be subiect and mav enter the buildings while anned; also to hire Security Personnel
subject to budgetary appropriations. As used herein "Security Personnel" means each individual
then authorized by the County Manager or by an authorized designee(s) of the County Manager
to conduct airport-type screeninglsearches or to administer any other provision(s) in those
Policies and Procedures, which are exempt from public records disclosure as specified in Chapter
119, Florida Statutes. Before viewing (or receiving) a copy those Policies and Procedures or any
part thereof, each such individual, including each Security Personnel, must sign a confidentiality
agreement agreeing not to disclose any of the contents of those Policies and Procedures. In
addition to all enforcement provided for in Section 125.69, Florida Statues Statutes, any
individual who violates any provision of this Ordinance, including breach of the confidentiality
agreement, shall be subject to the enforcement provisions of Section 1-6 of Collier County's
Code of Laws and Ordinances. Nothing herein shall be construed to affect any enforcement of
any federal law, rule or regulation, or any Florida Statute, Florida rule or regulation that may be
violated in the context of those Policies and Procedures.
SECTION TWO.
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 this 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 portions.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
This Ordinance shall be made a part of the Code of Laws and Ordinances of Collier
County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish
that result, and the word "Ordinance" may be changed to "Section," "Article," or any other
appropriate word.
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4/12/2011 Item 17.0.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shalJ become effective upon filing with the Florida Department of State
PASSED AND DULY ADOPTED by the Board of County Commissioners of ColJier
County, Florida, this _ day of ,2011.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, Deputy Clerk
By:
FRED W. COYLE, CHAIRMAN
By:
Approved as to form
and legal sufficiency:
!t=-7.wL
Steven T. WilJiams
Assistant County Attorney
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4/12/2011 Item 17.0.
'Naples Daily News. Sunday, March 2:1,2012 . Z1D
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, April 12,2011, in the Boardroom, 3rd Floor,
. Administration Building, Collier County Government Center, 3299 East Tamiaml
Trail, Naples. Florida. tne Board of County Commissioners will consider the enact-
ment of a. County Ordinance. The meeti'\9 will commence at 9:00 A.M. .The. tine of
the proposed Ordinance is as ,follovvs: " .
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COWER COUN-
TY, FLORIDA. AMENDING ORDINANCE NO. 2006-03. THE COWER COUNTY AIR-
PORT-TYPE SCREENING ORDINANCE, BY EXPANDING ITS AUTHORIZATlON FOR AIR-
PORT-TYPE SECURITY .SCREENING AND SEARCHES TO INCLUDE THE IMMOKALEE
GOVERNMENT CENTER (COURTHOUSE) AND THE JAMES V. MUDD EMERGENCY
SERVICES CEIITER: PROVIDING FOR CONFLICT AND SEVERABILITY; PROVlDINu FOR
INCLUSION IN THE CODE OF LAWS AND OROINANCES; AND PROVIDING AN EFFEC-
TIVE DATE. .
Copies of the proPQSed Ordinance are on file with the Clerk to the Boa'rd, and are
available for inspection. AU 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 frior to presentation of the agenda item to I?e addressed.
Individual speakers wi! be limited to 3 minutes on any item. The selection of an in~
. dividual to speak bn behalf of an organization or group is encouraged. If'recog-
nized by the Chairman, a spokesperson for a group or organization may be allotted
10 minutes to speak on an item. .
Persons wishing to have written or graphic materials included in, the Board agenda
packets must submit said material a minimum of 3 weeks prior. to the ~ive
public" hearing. In any case, \l)lritten materials intended to be considered by the
~oard shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations before the Board
wll,1 become a permanent part of the record.. '
Any person who decides to appeal a decision of the !3oard will need a record of the
proceedings pertaining thereto and therefore, may need to ensure that a verbatim
record of the proceeaings is made, which record includes the testimony and evi-
dence upon which the appeal is based.
If you are a person with a disability who needs Clny Clccommodation in order to par-
tiopate in this proceeding, you are entitled, at no cost to you, to the provision of
certain assistance. Please contact the Collier County Facilities Management De~art-
ment, located at 3335 Tamiami Trail'E~st, Building W, Naples.. Florida 34112, (239)
252-8380. Assisted listening devices for the hearing impaired are available' in the
. County Co~mjssjoners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
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