Agenda 07/10/2018 Item #17G07/10/2018
EXECUTIVE SUMMARY
Recommendation to adopt an ordinance amending Collier County Ordinance No. 84-37, as
amended, known as the State of Emergency Ordinance, to provide that curfews and other
authorized emergency measures taken during civil emergencies will be enacted via Resolution.
OBJECTIVE: To better document emergency measures requiring law and code enforcement that are
ordered during times of civil emergencies.
CONSIDERATIONS: Collier County Ordinance No. 84-37, as amended (known as the State of
Emergency Ordinance), authorizes certain County Officials to declare a local state of emergency and to
order certain enumerated actions when a quorum of the Board of County Commissioners is unable to
meet, including establishing a curfew.
Following Hurricane Irma’s landfall in Collier County on September 10, 2017, the Chair of the Board of
County Commissioners, in consultation with the Collier County Sheriff, established a curfew. The
curfew was ordered in full conformance with both the State of Emergenc y Ordinance and Resolution No.
2017-144, in which the Board declared a State of Emergency, and was done in a manner consistent with
past practices.
On June 8, 2018 I received an email from the Clerk’s Office, which stated in relevant part as follows:
“In 2017, Hurricane Irma had a huge impact on Collier County and the processes before and after
have been evaluated. I would respectfully request for the future emergency events to have the
BCC approve/authorize an official document(s) be prepared when it comes to local restrictions
or notifications pertaining to curfews. Our office alone had NUMEROUS requests from the State
Attorney’s Office, Public Defender’s Office and local attorneys to get a copy of the resolution or
official document setting a curfew for Collier County before/during/after Hurricane Irma.
However, we did not have one to provide to them. We did have the transcript for the BCC
Emergency Meeting of September 6, 2017 that authorized the County Manager and the Sheriff to
do what would be needed for Collier County during the storm event (before/after), but nothing
noting the dates or block of time regarding Collier County curfews…This is a request to
document this emergency action, in writing, regarding curfews in the future. It would assist the
various judicial authorities in preparing for court cases. Please let me know if you have any
questions.”
A copy of the email is included as back-up to this item.
To address this concern, I am proposing the following change to the State of Emergency Ordinance:
Section 38-68. Authorized Emergency Measures.
In addition to any other powers conferred by law, upon the declaration of a state of emergency
pursuant to this Ordinance, the Chairman, or Vice-Chairman in his or her absence, and in the
absence of the Chairman and Vice-Chairman; the next County Commissioner in order of
seniority, or if two or more were appointed on the same date, then in alphabetical order among
them, and in the absence of any Commissioner; the County Manager, in the absence of the
County Manager; the Clerk of Courts; and in the Clerk's absence; the Deputy County Manager
(collectively referred to as the “Authorized County Official”), may order and promulgate all or
any of the following emergency measures to be effective during the period of such emergency in
whole or in part, and with such limitation and conditions as he may deem appropriate to protect
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07/10/2018
the health, safety and welfare of the community:
(1) Suspend or limit the sale, dispensing or transportation of alcoholic beverages, explosives, and
combustibles.
***************
(19) Authorize the removal of abandoned vehicles pursuant to Florida Statutes in conjunction
with law enforcement of the city, county or state.
Any emergency measure which may require law or code enforcement of any kind shall be
memorialized as soon as reasonably practical by a Resolution signed by the Authorized County
Official who took such action, which Resolution shall upon execution have the same force and
effect as if adopted by the Board of County Commissioners. The Resolution shall be filed as
Miscellaneous Correspondence at the next regular meeting of the Board of County
Commissioners.
At its June 26, 2018 regular meeting, the Board authorized the County Attorney to advertise the proposed
ordinance for future consideration.
FISCAL IMPACT: The cost of advertising was $362.95.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item has been prepared by the County Attorney, is approved as to
form and legality, and requires majority vote for approval. -JAK
RECOMMENDATION: That the Board adopt the attached an ordinance amending Collier County
Ordinance No. 84-37, as amended, known as the State of Emergency Ordinance, to provide that curfews
and other authorized emergency measures taken during civil emergencies will be enacted via Resolution.
Prepared by: Jeffrey A. Klatzkow, County Attorney
ATTACHMENT(S)
1. Proposed Ordinance - Civil Emergencies - Curfews (PDF)
2. Email from Clerk's Office (002) (DOCX)
3. Legal Ad - Civil Emergencies Ordinance - Curfews (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.G
Doc ID: 6145
Item Summary: Recommendation to adopt an ordinance amending Collier County Ordinance No.
84-37, as amended, known as the State of Emergency Ordinance, to provi de that curfews and other
authorized emergency measures taken during civil emergencies will be enacted via Resolution.
Meeting Date: 07/10/2018
Prepared by:
Title: Legal Assistant/Paralegal – County Attorney's Office
Name: Virginia Neet
07/02/2018 8:10 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
07/02/2018 8:10 AM
Approved By:
Review:
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 07/02/2018 8:34 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/02/2018 9:52 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 07/02/2018 9:53 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 07/02/2018 10:04 AM
Board of County Commissioners MaryJo Brock Meeting Pending 07/10/2018 9:00 AM
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Packet Pg. 2958 Attachment: Proposed Ordinance - Civil Emergencies - Curfews (6145 : Ordinance Amendment - Civil Emergencies - Curfews)
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From: Patricia L. Morgan [mailto:patricia.morgan@collierclerk.com]
Sent: Tuesday, June 05, 2018 2:51 PM
To: OchsLeo <Leo.Ochs@colliercountyfl.gov>; CasalanguidaNick
<Nick.Casalanguida@colliercountyfl.gov>; KlatzkowJeff <Jeff.Klatzkow@colliercountyfl.gov>
Cc: BrockMaryJo <MaryJo.Brock@colliercountyfl.gov>; NeetVirginia
<Virginia.Neet@colliercountyfl.gov>; Patricia L. Morgan <patricia.morgan@collierclerk.com>
Subject: Emergency Procedure Request
Good Afternoon,
In 2017, Hurricane Irma had a huge impact on Collier County and the processes before and after have
been evaluated. I would respectfully request for the future emergency events to have the BCC
approve/authorize an official document(s) be prepared when it comes to local restrictions or
notifications pertaining to curfews. Our office alone had NUMEROUS requests from the State Attorney’s
Office, Public Defender’s Office and local attorneys to get a copy of the resolution or official document
setting a curfew for Collier County before/during/after Hurricane Irma. However, we did not have one to
provide to them. We did have the transcript for the BCC Emergency Meeting of September 6, 2017 that
authorized the County Manager and the Sheriff to do what would be needed for Collier County during
the storm event (before/after), but nothing noting the dates or block of time regarding Collier County
curfews. Also, we have the following resolutions on file:
2017-144 Declaring a State of Emergency for seven days for all territory within the
legal boundaries of Collier County including all incorporated and unincorporated areas.
09/06/2017 Item #3
2017-145 Following the declaration of a state of local emergency for all territory in
Collier County providing for emergency services during Hurricane Irma.
09/06/2017 Item #4A
2017-146 Declaring a public interest and necessity in removing debris caused by
Hurricane Irma on or adjacent to public and private roads throughout Collier
County and delegating to the County Manager the time and dates on an as
needed basis for the waiver of fee and emergency services.
09/06/2017 Item #4C
2017-147 The list of budget amendments as outlined in the Executive Summary and
providing the Sheriff's Office funds as needed.
09/06/2017 Item #4C
This is a request to document this emergency action, in writing, regarding curfews in the future. It
would assist the various judicial authorities in preparing for court cases. Please let me know if you have
any questions.
Best Regards,
Trish
Trish Morgan, BMR Director
Clerk to the Board & VAB
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Packet Pg. 2963 Attachment: Email from Clerk's Office (002) (6145 : Ordinance Amendment - Civil Emergencies - Curfews)
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Packet Pg. 2964 Attachment: Email from Clerk's Office (002) (6145 : Ordinance Amendment - Civil Emergencies - Curfews)
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Packet Pg. 2965 Attachment: Legal Ad - Civil Emergencies Ordinance - Curfews (6145 : Ordinance Amendment - Civil Emergencies - Curfews)