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Backup Documents 05/10/2011 Item #17B 17 B 11 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only aftcl" the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the exceotion of the Chairman's signature, draw a line through routing lines #1 through #4, comolete the checklist, and forward to Sue Filson (line #5), Route to Addressee(s) Office Initials Date (List in routina order) 1. 2. 3. 4. Jeffrey A. Klatzkow, County Attorney County Attorney JAK 5/11/2011 5. Ian Mitchell, Executive Manager BCC Board of County Commissioners ^- s-I cc{ II 6. Minutes and Records Clerk of Court's Office (The primary contact is the holder of the original document pending Bee approval. Nonnally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Ian Mitchell needs to contact staff for additional or missing infonnation. All original documents needing the BCe Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Jeffrey A. Klatzkow, County Attorney Contact Agenda Date Item was 5/1 0/20 11 A roved by the BCC Type of Document Attached PRIMARY CONTACT INFORMATION Phone Number Agenda Item Number Ordinance amending Ordinance 76-48 (Firearms in Parks) tl-L Number of Original Documents Attached 252-8400 \,- One Yes (Initial) JAK N/A (Not Ap licable) 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is appropriate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chainnan, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final negotiated contract date whichever is applicable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! The document was approved by the BCC on 5/10/2011 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a Iicable. JAK JAK JAK JAK JAK 2. 3. 4. 5. 6. I: Fonns! eounty Forms! BCC Fomls! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 08-MGR-00 132/33 17 8 t MEMORANDUM Date: May 20,2011 To: JeffKlatzkow, County Attorney County Attorney's Office From: Ann J ennej 000, Deputy Clerk Minutes & Records Department Re: Ordinance 2011-16: Amending Ordinance No. 1976-48, as amended, which regulates the use of County Parks by eliminating the prohibition against possession, transport, or discharge of a firearm as such. regulatory authority has been preempted by Sec. 790.33(1), Florida Statutes Attached for your records, please fmd a copy of the Ordinance referenced above, (Item #17B) adopted by the Board of County Commissioners on May 10, 2011. If you have any questions, please call me at 252-8406. Thank you. Attachment 178 i'i MEMORANDUM Date: May 20,2011 To: Kevin Rambosk, Sheriff Collier County Sheriff's Department From: Ann J ennej ohn, Sr. Deputy Clerk Minutes & Records Department Re: Ordinance 2011-16: Amending Ordinance No. 1976-48, as amended, which regulates the use of County Parks by eliminating the prohibition against possession, transport, or discharge of a firearm as such regulatory authority has been preempted by Sec. 790.33(1.), Florida Statutes Attached for your records, please find a copy of the Ordinance referenced above, adopted by the Collier County Board of County Commissioners on Tuesday, May 10, 2011. rfyou have any questions, please call me at 252-8406. Thank you. Attachment 178 J'" MEMORANDUM ," Date: May 20,2011 To: Ernie Kerskie, Director Property Appraiser's Office From: Ann J ennej ohn, Deputy Clerk Minutes & Records Department Re: Ordinance 2011-16: Amending Ordinance No. 1976-48, as amended, which regulates the use of County Parks by eliminating the prohibition against possession, transport, or discharge of a firearm as such regulatory authority has been preempted by Sec. 790.33(1), Florida Statutes Attached for your records, please fmd a copy of the Ordinance referenced above, adopted by the Collier County Board of County Commissioners on Tuesday, May 10, 2011. rfyou have any questions, please call me at 252-8.406. Thank you. Attachment 17 8 ORDINANCE NO. 2011----.li. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 76-48, AS AMENDED, WHICH REGULATES THE USE OF COUNTY PARKS, PRESCRIBES HOURS OF OPENING AND CLOSING, AND PROIDBITS CERTAIN ACTS THEREIN, BY ELIMINATING THE PROIDBITION AGAINST THE POSSESSION, TRANSPORT, OR DISCHARGE OF A FIREARM AS SUCH REGULATION HAS BEEN PREEMPTED BY FLORIDA STATUTES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 26, 1976, the Board of County Commissioners (Board) adopted Ordinance No. 76-48 to regulate the use of County Parks so as to protect the health, welfare and safety of persons using the parks, and the general welfare of residents of SUTI"ounding areas of the County; and WHEREAS, the Board later amended Ordinance No. 76-48 through adoption of Ordinance No. 81-03, which added a prohibition on the possession, carrying, transporting, or discharging of a firearm within County park boundaries with the exception of a duly authorized law enforcement officers in the lawful performance of their duties; and WHEREAS, the subsequent adoption of Section 790.33(1), Florida Statutes, by the Florida Legislature preempted all existing and future county, city, town or municipal ordinances or regulations relating to frreanns and ammunition, thus rendering the above prohibition of Ordinance No. 76-48, as amended, unenforceable; and WHEREAS, the Board desires to remove this unenforceable provision of Ordinance No. 76-48, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO SECTION THREE (1) ORDINANCE NO. 76-48, AS AMENDED. Section Three (1) is hereby amended as follows: Words Underlined are added; Words Struck Through are deleted. Page 1 00 178 SECTION THREE: Prohibited Acts. (1) No person shall within County park boundaries: A. Disobey the lawful and reasonable order of a police officer or county park employee in the discharge of his duties or disobey or disregard the notices, prohibitions, instructions or directions on any park sign, including rules and regulation posted on the ground or buildings in said parks. ****** S. Possess, carry and/or transport on or about their person or discharge any fIrearms, as defIned in Chapter 790.001(6), Florida Statutes, excluding duly authorized la,:. enforcement officers in the lav.ful performance of their duties. +.s.. Possess, carry and/or transport on or about their person any glass container in any beach access area. 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 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 THREE: 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 Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall be effective upon fIling with the Department of State. Words Underlined are added; Words 8truek Through are deleted. Page 2 00 178 PASSED AND DUL Y ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~day Of~, 2011. '. ..',..........' . .-0- '~_', ~~~i !'-./f. "'.;~ .' ~.\~'~'"., lip "c,:" . ,- c.l'~""f;. . . ~0.,' .T-'fES:r~"tf:. . ,.' /::'~:.o:QWIG}{T.E{~ROCK CLERK i iF/I JD~:~~::" .'<',;~?~:, \'~ ~ 9' k - {:~., (..\.J. '.""' - --l1:'-~" '----I:' ~ ~"'~ \~i;::);' "~~~r' ^. ~~ .:.:~"~.o;iii.~~(rA\\ir. -J,1" .e.pu lerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~W.~ By: FRED W. COYLE, CHAI Words Underlined are added; Words Stmck Through are deleted. Page 3 00 178 ~ :4' STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2011-16 Which was adopted by the Board of County Commissioners on the 10th day of May, 2011, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 12th day of May, 2011. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board q~ :i~~ c_c.. ..~:.~...,.-"~. County commissione~~<:....,.~;'. ~." ~ ~.JAJ)~':" .)<}.~. "'- ~o~~t .::~(r;';,;7' : Teres PolasJfi' ;~"'..":..:~>~:~~'" Deputy Clerk Jv;7':]. ~\'}..; .