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Backup Documents 09/27/2011 Item #17ECOLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: ® Normal legal Advertisement (Display Adv., location, etc.) ❑ Other: ,0`._ 17E Originating Dept/ Div: County Attorney Person: Jeffrey A. Klatzkow Date: September 13, 2011 Petition No. (If none, give brief description): Four Ordinances — titles below - PLEASE REVISE STANDARD AD LANGUAGE TO REFLECT MULTIPLE ORDINANCES Petitioner: (Name & Address): Collier County Attorney Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing.) September 27, 2011 (ad to run not later than FRIDAY, SEPTEMBER 16, 2011) Newspaper(s) to be used: (Complete only if important): ® Naples Daily News ❑ Other Proposed Text: (Include legal description & common location & Size) ❑ Legally Required AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, REPEALING ORDINANCE NO. 70 -10, AS AMENDED, ORDINANCE NO. 80 -24, ORDINANCE NO. 79 -102, AS AMENDED, ORDINANCE NO. 76 -61, AS AMENDED, AND ORDINANCE NO. 82 -77, ALL RELATING TO THE POSSESSION AND /OR DISCHARGE OF FIREARMS, WHICH ARE CODIFIED IN CHAPTER 94, ARTICLE III, DIVISION 2 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, IN ORDER TO COMPLY WITH AMENDMENTS TO SECTION 790.33, FLORIDA STATUTES, WHICH PREEMPTS THE WHOLE FIELD OF FIREARMS AND AMMUNITION REGULATION TO THE STATE OF FLORIDA; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 1, 2011. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2004 -03, AS AMENDED, THE COLLIER COUNTY AIRPORT AUTHORITY ORDINANCE, BY REPEALING SECTION 16 ENTITLED "CONCEALED WEAPONS; CONCEALED FIREARMS," CODIFIED AS SECTION 18 -51 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, IN ORDER TO COMPLY WITH AMENDMENTS TO SECTION 790.33, FLORIDA STATUTES, WHICH PREEMPTS THE WHOLE FIELD OF FIREARMS AND AMMUNITION REGULATION TO THE STATE OF FLORIDA; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 1, 2011. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 90 -17, AS AMENDED, THE COLLIER COUNTY NOISE CONTROL ORDINANCE, BY AMENDING SECTION SEVEN, EXEMPTIONS, CODIFIED AS SECTION 54 -87 OF THE CODE OF LAWS AND ORDINANCES, PROVIDING FOR AN EXEMPTION OF NOISE ASSOCIATED WITH THE DISCHARGE OF FIREARMS IN ORDER TO COMPLY WITH AMENDMENTS TO SECTION 790.33, FLORIDA STATUTES, WHICH PREEMPTS THE WHOLE FIELD OF FIREARMS AND AMMUNITION REGULATION TO THE STATE OF FLORIDA; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 1, 2011. Continued next page 17E AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 38, CIVIL EMERGENCIES, ARTICLE III, DECLARATION OF STATE OF EMERGENCY, OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, ALSO KNOWN AS ORDINANCE NO. 84 -37, AS AMENDED, AMENDING SECTION 38 -68, AUTHORIZED EMERGENCY MEASURES, BY DELETING THE RIGHT TO SUSPEND OR LIMIT THE SALE OF FIREARMS DURING A STATE OF EMERGENCY, IN ORDER TO COMPLY WITH AMENDMENTS TO SECTION 790.33, FLORIDA STATUTES, WHICH PREEMPTS THE WHOLE FIELD OF FIREARMS AND AMMUNITION REGULATION TO THE STATE OF FLORIDA; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 1, 2011. Companion petition(s), if any & proposed hearing date: None Purchase Order Number to be charged for advertising costs: P.O. 4500122259 Reviewed by: Division Administrator or Designee Date List Attachments: proposed ordinances DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑ Requesting Division ❑ Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ON,LY:S Date Received: �� "� Date of Public he �°! d ±7 Date Advertised: �� 17E Acct. #027354 September 12, 2011 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: ORD. REPEALING VARIOUS GUN CONTROL ORDS Dear Legals: Please advertise the above referenced notice on Friday, September 16, 2011, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P*0* #4500122259 NOTICE OF INTENT TO CONSIDER ORDINANCES 17 E Notice is hereby given that on September 27, 2011 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 a County Ordinance. The meeting will commence at 9:00 A.M. The titles of the proposed Ordinances are as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, REPEALING ORDINANCE NO. 70 -10, AS AMENDED, ORDINANCE NO. 80 -24, ORDINANCE NO. 79 -102, AS AMENDED, ORDINANCE NO. 76 -61, AS AMENDED, AND ORDINANCE NO. 82 -77, ALL RELATING TO THE POSSESSION AND /OR DISCHARGE OF FIREARMS, WHICH ARE CODIFIED IN CHAPTER 94, ARTICLE III, DIVISION 2 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, IN ORDER TO COMPLY WITH AMENDMENTS TO SECTION 790.33, FLORIDA STATUTES, WHICH PREEMPTS THE WHOLE FIELD OF FIREARMS AND AMMUNITION REGULATION TO THE STATE OF FLORIDA; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 1, 2011. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2004 -03, AS AMENDED, THE COLLIER COUNTY AIRPORT AUTHORITY ORDINANCE, BY REPEALING SECTION 16 ENTITLED "CONCEALED WEAPONS; CONCEALED FIREARMS," CODIFIED AS SECTION 18 -51 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, IN ORDER TO COMPLY WITH AMENDMENTS TO SECTION 790.33, FLORIDA STATUTES, WHICH PREEMPTS THE WHOLE FIELD OF FIREARMS AND AMMUNITION REGULATION TO THE STATE OF FLORIDA; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 1, 2011. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 90 -17, AS AMENDED, THE COLLIER COUNTY NOISE CONTROL ORDINANCE, BY AMENDING SECTION SEVEN, EXEMPTIONS, CODIFIED AS SECTION 54 -87 OF THE CODE OF LAWS AND ORDINANCES, PROVIDING FOR AN EXEMPTION OF NOISE ASSOCIATED WITH THE DISCHARGE OF FIREARMS IN ORDER TO COMPLY WITH AMENDMENTS TO SECTION 790.33, FLORIDA STATUTES, WHICH PREEMPTS THE WHOLE FIELD OF FIREARMS AND AMMUNITION REGULATION TO THE STATE OF FLORIDA; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 1, 2011. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 38, CIVIL EMERGENCIES, ARTICLE 17E III, DECLARATION OF STATE OF EMERGENCY, OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, ALSO KNOWN AS ORDINANCE NO. 84 -37, AS AMENDED, AMENDING SECTION 38 -68, AUTHORIZED EMERGENCY MEASURES, BY DELETING THE RIGHT TO SUSPEND OR LIMIT THE SALE OF FIREARMS DURING A STATE OF EMERGENCY, IN ORDER TO COMPLY WITH AMENDMENTS TO SECTION 790.33, FLORIDA STATUTES, WHICH PREEMPTS THE WHOLE FIELD OF FIREARMS AND AMMUNITION REGULATION TO THE STATE OF FLORIDA; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 1, 2011. Copies of the proposed Ordinance 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. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized 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 respective public hearing. 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. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. 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 Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. 17E BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) 1%E Martha S. Vergara From: NeetVirginia [VirginiaNeet @colliergov.net] Sent: Tuesday, September 13, 2011 2:08 PM To: Martha S. Vergara Cc: Williams, Steven; Klatzkow, Jeff Subject: RE: NDN Proof for Gun Control Ords. Martha: Looks good with the following minor corrections: 1st paragraph: ". . . the Board of County Commissioners will consider the enactment of County Ordinances." Currently reads "a County Ordinance" 2nd Ordinance title: Should be a hyphen in Section 18 -51 1st paragraph after titles: Ordinance should be plural "Ordinances" We will keep tuned as to the Board's action on this item. Will NDN give us the cost for the ad? Thanks again for your helpH Dinny - - - -- Original Message---- - From: Martha S. Vergara fmailto: Martha .Vergara(@collierclerk.com1 Sent: Tuesday, September 13, 2011 11:01 AM To: NeetVirginia Subject: NDN Proof for Gun Control Ords. <<UASAC7.jpg>> Attached UASAC7.jpg Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk(@collierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 17E Martha S. Vergara From: Martha S. Vergara Sent: Wednesday, September 14,20112:26 PM To: Neet, Virginia Subject: RE: Good to go with the firearms ordinances - no need to kill the ad - thanks Yep!! From: NeetVirginia [ mailto :VirginiaNeet(acolliergov.netl Sent: Wednesday, September 14, 20112:25 PM To: Martha S. Vergara Subject: RE: Good to go with the firearms ordinances - no need to kill the ad - thanks Yeah, I know. Just need the email for the file. It was funny though wasn't it? Dinny From: Martha S. Vergara [ mai Ito: Martha. Vergara @colIierclerk.com1 Sent: Wednesday, September 14, 2011 2:24 PM To: NeetVirginia Subject: RE: Good to go with the firearms ordinances - no need to kill the ad - thanks Yep, I am the one monitoring the meeting... From: NeetVirginia Imailto :VirginiaNeet(�)colliergov.net] Sent: Wednesday, September 14, 2011 2:23 PM To: Martha S. Vergara Subject: Good to go with the firearms ordinances - no need to kill the ad - thanks Virginia A. Neet, Legal Assistant Office of the Collier County Attorney Telephone (239) 252 -8066 - Fax (239) 252 -6600 New address as of November 1, 2010: Collier County Office of the County Attorney 3299 Tamiami Tr. E., Suite 800 Naples, FL 34112 -5749 .J,Ioe , Hoi da 1,wrv, e -magi addresses are public re<:ords. It YOU cio 3ivt ±want yc,u= e; -mail address released in response to a public records request do not ;:end rirafi t !hl;, entity hnatead, Coma(( this office by telephone or in writing 1 Martha S Vergara 17E From: Martha S.Vergara Sent: Wednesday, September 14,Z0II2:24PM To: NeetVirginia Subject: RE: Good togo with the firearms ordinances no need to kill the ad thanks Yep, I am the one monitoring the meeting... From: NeetVinginia Sent: Wednesday, September 14,I011Z:Z3PM To: Martha S.Vengara Subject: Good togowith the firearms ordinances - no need to kill the ad 'thanks ====================================================================================== Virginia A. Neet, Legal Assistant Office of the Collier County Attorney Telephone (23S)252-8O8S- Fax (23O)252-G0OO New address as of November 1, 2010: Collier County Office ufthe County Attorney 3299Tomiami Tr. E, Suite 8UO Naples, FL34112'574Q u��rp*nu [awenm/auue^aesampvooureco'ds'nvuuuo not want wmru+naxauuresmmues('minmapo^umapuux^wmmzaqumm oovo/senu e/e�:tmn/c mail too"�entity mmteau oomoct this ntfic by m|nwm^u, NAPLES DAILY NEWS Published Dailv Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Kim Pokamey, who on oath says that she serves as the Accounting Manager of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on September 16, 2011 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in 111e said�nevyspaper. ( Signature of affiant) Sworn to and subscribed before me This 19th day of September, 2011 Rwj t ��WW,4� (Signature of notary public) 17E NOTICE OF INTENT TO-CONSIDER ORDINANCES Notice is hereby given that oh 'September 27, 2011 in the Boardroom, 3rd F16 Administration Budding, Collier County Government Center, 3299 East Tamia Trail, 'Naples, Florida, the Board f county Commissioners will consider, t enactment, of County Ordinances trig will commence at 9:00 {4N1 T titles of the proposed Ordinances are. ows J 80 -24, ORDINANCE NO. 79 -102, AS AMENDED, ORDINANCE NO. 76 -6t, ' ED, AND ORDINANCE NO. 82 -77; ALL RELATING TO THE POSSESSION CHARGE OF FIREARMS, WHICH 'ARE CODIFIED IN CHAPTER 94, ARTICLE 2 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, IN ORDER, PLY. WITH AMENDMENTS TO SECTION 790:33, FLORIDA STATUTES, WHICHr At EMPTS THE WHOLE FIELD OF FIREARMS AND AMMUNITION REGULATION TO T STATE OF FLORIDA; PROVIDIN9 FOR CONFLICT AND SEVERABILITY; PROVIDING FO INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EF- FECTIVE DATE OF OCTOBER 1, 2011. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUpf- TY, FLORIDA, AMENDING ORDINANCE NO. 200403, AS AMENDED, THE .0 WEB COUNTY AIRPORT AUTHORITY ORDINANCE, BY REPEALING SECTION 16 ,ENTITLED "CONCEALED WEAPONS; CONCEALED FIREARMS," CODIFIED ASSECnON 441 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, IN ORDER TO COMPLY WITH AMENDMENTS TO SECTION 79033, FLORIDA STATUTES, WEMM. THE WHOLE FIELD OF FIREARMS AND AMMUNITION REGULATION TO THE STATT OF FLORIDA; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR IM CLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EF FECTIVE DATE OF OCTOBER 1, 201 f. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS, OF COLLIER COW TY, 'FLORIDA, AMENDING ORDINANCE NO. 90-17, AS AMENDED, THE COLLIE$ - COUNTY NOISE _CONTROL ORDINANCE, BY AMENDING SECTION SEVEN, EXEmf TIONS, CODIFIED AS SECTION' 54-87 OF THE CODE OF LAWS AND ORDINANCE$, PROVIDING FOR AN EXEMPTION OF NOISE ASSOCIATED WITH TI1E DISCRARGVa FIREARMS IN ORDER TO COMPLY WITH AMENDMENTS TO SECTION 790.33; FLORI, DA STATUTES, WHICH PREEMPTS THE WHOLE FIELD OF FIREARMS AND AMMUW TION REGULATION ° TO .THE STATE OF FLORIDA; PROVIDING FOR CONFLICT ANt SEVERABILITY;, PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDF NANCES, AND PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 1, 2011. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUN TY, FLORIDA, AMENDING CHAPTER 38, CIVIL, EMERGENCIES, ARTICLE III, DECId TION OF STATE OF EMERGENCY, OF THE COLLIER COUNTY CODE OF LAWS A. ORDINANCES, ALSO KNOWN AS ORDINANCE NO. 84 -37, AS AMENDED, AMENDI SECTION 38-68, FIREARMS . MEASURES, �GRiFOR IIhrr HALEF DURINGA STATEOFEMEGENCY116 WHICH PREEMPTS. THE WHOLE FIELD OF FIREARMS AND AMMUNITION' s1EW TION TO THE STATE'OF FLORIDA; PROVIDING FOR CONFLICT AND SEVERABR LW PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PRO- VIDING FOR AN EFFECTIVE DATE OF OCTOBER 1, 2011. a 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 th,q County administrator prior to presentation of the agenda item to be addrestedk Individual speakers will be limited to 3 minutes on any Item. The selection of an'int dividual to speak on behalf of an organization or group is encouraged. If recogr 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 respective public hearing. In any case .written. materials intended to be considered by the Board shall be submitted to iN,appropriate County staff a minimum of seven days prior to the public hearing. Ap material used in presentations before the' Board will become a permanent part of the, record." Any person who decides to appeal a` decision of the Board will need a record of the proceedin gs pertaining thereto and -therefore, may need to ensure that a ,verbatim record of the proceedings is made, which record includes the testimony and evi- dence upon whichahe appeal is based.;.,,:. 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'y0W 1 of certain assistance. Please contact the Collier County Facilities Men Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252 -8380, at least two day's prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN - DWIGHT E. BROCK, CLERK ` By: Martha Vergara, Deputy Clerk (SEAL) September 16 2011 Nol915347 KAROL E KANGAS o Notary Public - State of Florida 9w �'rI oQ= My Comm. Expires Jul 29. 2013 OFF �;' // Ft Commission # DD 912237 17E NOTICE OF INTENT TO-CONSIDER ORDINANCES Notice is hereby given that oh 'September 27, 2011 in the Boardroom, 3rd F16 Administration Budding, Collier County Government Center, 3299 East Tamia Trail, 'Naples, Florida, the Board f county Commissioners will consider, t enactment, of County Ordinances trig will commence at 9:00 {4N1 T titles of the proposed Ordinances are. ows J 80 -24, ORDINANCE NO. 79 -102, AS AMENDED, ORDINANCE NO. 76 -6t, ' ED, AND ORDINANCE NO. 82 -77; ALL RELATING TO THE POSSESSION CHARGE OF FIREARMS, WHICH 'ARE CODIFIED IN CHAPTER 94, ARTICLE 2 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, IN ORDER, PLY. WITH AMENDMENTS TO SECTION 790:33, FLORIDA STATUTES, WHICHr At EMPTS THE WHOLE FIELD OF FIREARMS AND AMMUNITION REGULATION TO T STATE OF FLORIDA; PROVIDIN9 FOR CONFLICT AND SEVERABILITY; PROVIDING FO INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EF- FECTIVE DATE OF OCTOBER 1, 2011. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUpf- TY, FLORIDA, AMENDING ORDINANCE NO. 200403, AS AMENDED, THE .0 WEB COUNTY AIRPORT AUTHORITY ORDINANCE, BY REPEALING SECTION 16 ,ENTITLED "CONCEALED WEAPONS; CONCEALED FIREARMS," CODIFIED ASSECnON 441 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, IN ORDER TO COMPLY WITH AMENDMENTS TO SECTION 79033, FLORIDA STATUTES, WEMM. THE WHOLE FIELD OF FIREARMS AND AMMUNITION REGULATION TO THE STATT OF FLORIDA; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR IM CLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EF FECTIVE DATE OF OCTOBER 1, 201 f. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS, OF COLLIER COW TY, 'FLORIDA, AMENDING ORDINANCE NO. 90-17, AS AMENDED, THE COLLIE$ - COUNTY NOISE _CONTROL ORDINANCE, BY AMENDING SECTION SEVEN, EXEmf TIONS, CODIFIED AS SECTION' 54-87 OF THE CODE OF LAWS AND ORDINANCE$, PROVIDING FOR AN EXEMPTION OF NOISE ASSOCIATED WITH TI1E DISCRARGVa FIREARMS IN ORDER TO COMPLY WITH AMENDMENTS TO SECTION 790.33; FLORI, DA STATUTES, WHICH PREEMPTS THE WHOLE FIELD OF FIREARMS AND AMMUW TION REGULATION ° TO .THE STATE OF FLORIDA; PROVIDING FOR CONFLICT ANt SEVERABILITY;, PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDF NANCES, AND PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 1, 2011. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUN TY, FLORIDA, AMENDING CHAPTER 38, CIVIL, EMERGENCIES, ARTICLE III, DECId TION OF STATE OF EMERGENCY, OF THE COLLIER COUNTY CODE OF LAWS A. ORDINANCES, ALSO KNOWN AS ORDINANCE NO. 84 -37, AS AMENDED, AMENDI SECTION 38-68, FIREARMS . MEASURES, �GRiFOR IIhrr HALEF DURINGA STATEOFEMEGENCY116 WHICH PREEMPTS. THE WHOLE FIELD OF FIREARMS AND AMMUNITION' s1EW TION TO THE STATE'OF FLORIDA; PROVIDING FOR CONFLICT AND SEVERABR LW PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PRO- VIDING FOR AN EFFECTIVE DATE OF OCTOBER 1, 2011. a 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 th,q County administrator prior to presentation of the agenda item to be addrestedk Individual speakers will be limited to 3 minutes on any Item. The selection of an'int dividual to speak on behalf of an organization or group is encouraged. If recogr 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 respective public hearing. In any case .written. materials intended to be considered by the Board shall be submitted to iN,appropriate County staff a minimum of seven days prior to the public hearing. Ap material used in presentations before the' Board will become a permanent part of the, record." Any person who decides to appeal a` decision of the Board will need a record of the proceedin gs pertaining thereto and -therefore, may need to ensure that a ,verbatim record of the proceedings is made, which record includes the testimony and evi- dence upon whichahe appeal is based.;.,,:. 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'y0W 1 of certain assistance. Please contact the Collier County Facilities Men Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252 -8380, at least two day's prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN - DWIGHT E. BROCK, CLERK ` By: Martha Vergara, Deputy Clerk (SEAL) September 16 2011 Nol915347 k' A ORIGINAL DOCUMENTS CHECKLIST & ROUTIN I 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 after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's sienature draw a line rhmuoh mutino lines # . through . .t. e . . --l— f .. ..o .__ Route to Addressee(s) (List in routing order) Office U w Jut n, sou Initials tmle ffD). Date 1. appropriate. (Initial) Applicable) 2. 9/27/11 Agenda Item Number 17 -E 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Jeffrey A. Klatzkow, County Attorney County Attorney JAK 9/27/2011 5. Ian Mitchell, Executive Manager BCC Board of County Commissioners Documents Attached /29 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally 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 information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Jeffrey A. Klatzkow, County Attorney Phone Number 252 -8400 Contact appropriate. (Initial) Applicable) Agenda Date Item was 9/27/11 Agenda Item Number 17 -E Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Ordinance Removing Firearms regulations Number of Original One Attached in Chapter 94 of Code of Laws Documents Attached moo[(- 5 i INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 08- MGR - 00132/33 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK signed by the Chairman, 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.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's JAK Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the JAK document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's JAK signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip JAK should be provided to Ian Mitchell in the BCC office within 24 hours of BCC 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! 6. The document was approved by the BCC on 9/27/11 and all changes made during the JAK meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 08- MGR - 00132/33 17E MEMORANDUM Date: October 10, 2011 To: Jeff Klatkow, County Attorney County Attorney's Office From: Ann Jennejohn, Deputy Clerk Board Minutes & Records Department Re: Ordinance 2011 -31: Regarding regulation of firearms and ammunition; specifically the possession and /or discharge of firearms to comply with amendments to F.S. Section 790.33 that preempts all such regulatory powers to the State of Florida Attached for your records, is a copy of the Ordinance referenced above, (Item #17E) adopted by the Board of County Commissioners on Tuesday September 27, 2011. A copy of this Ordinance has also been forwarded to Sheriff Kevin Rambosk with the Collier County Sheriffs Department. If you have any questions, please contact me at 252 -8406. Thank you. Attachment 17E F MEMORANDUM Date: October 10, 2011 To: Kevin Rambosk, Sheriff Collier County Sheriff's Department From: Ann Jennejohn, Deputy Clerk Board Minutes & Records Department Re: Ordinance 2011 -31: Regarding the regulation of firearms and ammunition; specifically in regards to the possession and/or discharge of a firearm to comply with amendments to Section 790.33 Florida Statutes that preempts all such regulatory powers to the State of Florida Attached for your records is a copy of the ordinance referenced above, adopted by the Collier County Board of County Commissioner's on September 27, 2011. If you have any questions, please contact our office at 252 -8406. Thank you. Attachment 17E MEMORANDUM Date: October 10, 2011 To: Ernie Kerskie, Director Collier County Property Appraiser's Office From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Ordinance 2011 -31: Regarding regulation of firearms and ammunition; specifically the possession and /or discharge of firearms to comply with amendments to F.S. Section 790.33 that preempts all such regulatory powers to the State of Florida Attached for your records is a copy of the ordinance reference above, adopted by the Collier County Board of County Commissioners on September 27, 2011. If you have any questions, please call me at 252 -8406. Thank you. Attachment 17E ORDINANCE NO. 2011- 31 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, REPEALING ORDINANCE NO. 70 -10, AS AMENDED, ORDINANCE NO. 80 -24, ORDINANCE NO. 79 -102, AS AMENDED, ORDINANCE NO. 76 -61, AS AMENDED, AND ORDINANCE NO. 82 -77, ALL RELATING TO THE POSSESSION AND /OR DISCHARGE OF FIREARMS, WHICH ARE CODIFIED IN CHAPTER 94, ARTICLE III, DIVISION 2 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, IN ORDER TO COMPLY WITH AMENDMENTS TO SECTION 790.33, FLORIDA STATUTES, WHICH PREEMPTS THE WHOLE FIELD OF FIREARMS AND AMMUNITION REGULATION TO THE STATE OF FLORIDA; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 1, 2011. WHEREAS, during the 2011 Legislative Session, the Florida Legislature adopted House Bill 45, amending Section 790.33, Florida Statutes, entitled "Field of regulation of firearms and ammunition preempted," by expanding the Legislature's preemption in the field of regulation of the firearms and ammunition and exacting severe penalties should an elected or appointed local government official enact, or cause to be enforced, an ordinance or regulation relating to firearms and ammunition. The effective date of the legislation is October 1, 2011; and WHEREAS, to comply with this amendment to Section 790.33, Florida Statutes, the Board of County Commissioners desire to repeal Ordinance No. 70 -10, as amended, Ordinance No. 80 -24, Ordinance No. 79 -102, as amended, Ordinance No. 76 -61, as amended, and Ordinance No. 82 -77, all relating to the possession and /or discharge of firearms and ammunition, which are codified in Chapter 94, Article III, Division 2 of the Collier County Code of Laws and Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: REPEAL OF ORDINANCE NO. 70 -10, AS AMENDED. Ordinance No. 70 -10, codified as Sec. 94 -61 of the Collier County Code of Laws and Ordinances, and all amendments thereto, is hereby repealed in its entirety. Page 1 of 3 17E SECTION TWO: REPEAL OF ORDINANCE NO. 80 -24. Ordinance No. 80 -24, codified as Sec. 94 -62 of the Collier County Code of Laws and Ordinances, is hereby repealed in its entirety. SECTION THREE: REPEAL OF ORDINANCE NO. 79 -102, AS AMENDED. Ordinance No. 79 -102, codified as Sec. 94 -63 of the Collier County Code of Laws and Ordinances, and all amendments thereto, is hereby repealed in its entirety. SECTION FOUR: REPEAL OF ORDINANCE NO. 76 -61, AS AMENDED. Ordinance No. 76 -61, codified as Sec. 94 -64 of the Collier County Code of Laws and Ordinances, and all amendments thereto, is hereby repealed in its entirety. SECTION FIVE: REPEAL OF ORDINANCE NO. 82 -77. Ordinance No. 82 -77, codified as Sec. 94 -65 of the Collier County Code of Laws and Ordinances, is hereby repealed in its entirety. SECTION SIX: 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 SEVEN: 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 EIGHT: EFFECTIVE DATE. This Ordinance shall be effective on October 1, 2011. Page 2 of 3 17E PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 2 kkWay of 2011. ATTEST: DWIGHT E`. BROCK, CLERK �1l and leaa1§ "fi 1eilcv: Jeffrey A. County A BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRNIAN Page 3 of 3 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 -31 17E " Which was adopted by the Board of County Commissioners on the 27th day of September, 2011, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 3rd day of October, 2011. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Board of County Commissioners• fell By: Ann Jenn�-fnhn,`. Deputy Clerk.. 17E 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 after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature drawn line thrnnoh mi 6— I:no, 441 ♦l ------ 1 u n _ - - °- •• Route to Addressee(s) (List in routing order) ­ • 11••11 R.... �� n ., wul icic me cnecKirsr, ano Office torwaro to sue Filson Initials (line #5 ). Date 1. 1. Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Date Item was 9/27/11 2. 17 -E Approved by the BCC by the Office of the County Attorney. This includes signature pages from ordinances, 3. Type of Document Ordinance Removing Firearms regulations 4. Jeffrey A. Klatzkow, County Attorney County Attorney JAK 9/27/2011 5. Ian Mitchell, Executive Manager BCC 6. Minutes and Records Board of County Commissioners Clerk of Court's Office 2. WZjIII JAK PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally 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 information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Jeffrey A. Klatzkow, County Attorney Phone Number 252 -8400 Contact N/A (Not (Initial) A plicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Date Item was 9/27/11 Agenda Item Number 17 -E Approved by the BCC by the Office of the County Attorney. This includes signature pages from ordinances, Type of Document Ordinance Removing Firearms regulations Number of Original One Attached I in Section 18 -51 of Code of Laws Documents Attached c9ot( - Z 1N.CTR1lCTYnW4Z R. ! uZ nirT rcm 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 08- MGR - 00132/33 L1U a Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes appropriate, N/A (Not (Initial) A plicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK signed by the Chairman, 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 ossibl State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's JAK Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the JAK document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's JAK signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip JAK should be provided to Ian Mitchell in the BCC office within 24 hours of BCC 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 our deadlines! 6. The document was approved by the BCC on 9/27/11 and all changes made during the JAK meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chances, if annlicahle. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 08- MGR - 00132/33 17E a MEMORANDUM Date: October 10, 2011 To: Jeff Klatkow, County Attorney County Attorney's Office From: Ann Jennejohn, Deputy Clerk Board Minutes & Records Department Re: Ordinance 2011 -32: Regarding regulation of firearms and ammunition; specifically on the regulation of concealed weapons /concealed firearms to comply with amendments to F.S. Section 790.33 that preempts all such regulatory powers to the State of Florida Attached for your records, is a copy of the Ordinance referenced above, (Item #17E) adopted by the Board of County Commissioners on Tuesday September 27, 2011. A copy of this Ordinance has also been forwarded to Sheriff Kevin Rambosk with the Collier County Sheriffs Department. If you have any questions, please contact me at 252 -8406. Thank you. Attachment 17 E ail MEMORANDUM Date: October 10, 2011 To: Kevin Rambosk, Sheriff Collier County Sheriff's Department From: Ann Jennejohn, Deputy Clerk Board Minutes & Records Department Re: Ordinance 2011 -32: Regarding regulation of firearms and ammunition; specifically in regards to the regulation of concealed weapons /concealed firearms to comply with amendments to Section 790.33 Florida Statutes that preempts all such regulatory powers to the State of Florida Attached for your records is a copy of the ordinance referenced above, adopted by the Collier County Board of County Commissioner's on September 27, 2011. If you have any questions, please contact our office at 252 -8406. Thank you. Attachment 17E MEMORANDUM Date: October 10, 2011 To: Ernie Kerskie, Director Collier County Property Appraiser's Office From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Ordinance 2011 -32: Regarding regulation of firearms and ammunition; specifically on the regulation of concealed weapons /concealed firearms to comply with amendments to F.S. Section 790.33 that preempts all such regulatory powers to the State of Florida Attached for your records is a copy of the ordinance reference above, adopted by the Collier County Board of County Commissioners on September 27, 2011. If you have any questions, please call me at 252 -8406. Thank you. Attachment 17E `- ORDINANCE NO. 2011- 3 2 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2004 -03, AS AMENDED, THE COLLIER COUNTY AIRPORT AUTHORITY ORDINANCE, BY REPEALING SECTION 16 ENTITLED "CONCEALED WEAPONS; CONCEALED FIREARMS," CODIFIED AS SECTION 18 -51 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, IN ORDER TO COMPLY WITH AMENDMENTS TO SECTION 790.33, FLORIDA STATUTES, WHICH PREEMPTS THE WHOLE FIELD OF FIREARMS AND AMMUNITION REGULATION TO THE STATE OF FLORIDA; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 1, 2011. WHEREAS, during the 2011 Legislative Session, the Florida Legislature adopted House Bill 45, amending Section 790.33, Florida Statutes, entitled "Field of regulation of firearms and ammunition preempted," by expanding the Legislature's preemption in the field of regulation of the firearms and ammunition and exacting severe penalties should an elected or appointed local government official enact, or cause to be enforced, an ordinance or regulation relating to firearms and ammunition. The effective date of the legislation is October 1, 2011; and WHEREAS, to comply with this amendment to Section 790.33, Florida Statutes, the Board of County Commissioners desires to amend Ordinance No. 2004 -03, as amended, The Collier County Airport Authority Ordinance, by repealing Section 16 entitled "Concealed Weapons; Concealed Firearms," codified as Section 18 -51 of the Collier County Code of Laws and Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO ORDINANCE NO. 2004 -03, AS AMENDED. Section Sixteen of Ordinance No. 2004 -03, as amended, entitled "Concealed Weapons; Concealed Firearms," codified as Section 18 -51 of the Collier County Code of Laws and Ordinances, is hereby repealed in its entirety. Page 1 of 2 17E 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 on October 1, 2011. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, thisZ1{,day ofS b-e�, 2011. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIR Page 2 of 2 17E , 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 -32 Which was adopted by the Board of County Commissioners on the 27th day of September, 2011, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 3rd day of October, 2011. DWIGHT E. BROCK Clerk of Courts and.1 Ex- officio to Board of County Commissioners =, By: Ann Jennejohn,' Deputy Clerk 17E 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 after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routin lines # 1 throw h #4, complete lete the checklist, and forward to Sue Filson 1 line #5). Route to Addressee(s) Office Initials Date (List in routing order) 4. Jeffrey A. Klatzkow, County Attorney County Attorney JAK 9/27/2011 5. Ian Mitchell, Executive Manager BCC Board of County Commissioners % 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally 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 information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Jeffrey A. Klatzkow, County Attorney Phone Number 252 -8400 Contact Agenda Date Item was 9/27/11 Agenda Item Number 17 -E Approved by the BCC Type of Document Ordinance Removing Firearms regulations Number of Original One Attached �in Chapter 54 -87 of Code of Laws Documents Attached TNCTAir!"Tr�►wrc� o_ rrrr+r.r�r ...... 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 08- MGR - 00132/33 17E MEMORANDUM Date: October 10, 2011 To: Jeff Klatkow, County Attorney County Attorney's Office From: Ann Jennejohn, Deputy Clerk Board Minutes & Records Department Re: Ordinance 2011 -33: Regarding regulation of firearms and ammunition; specifically in regards to noise control associated with the discharge of a firearm to comply with amendments to F.S. Section 790.33 that preempts all such regulatory powers to the State of Florida Attached for your records, is a copy of the Ordinance referenced above, (Item #17E) adopted by the Board of County Commissioners on Tuesday September 27, 2011. A copy of this Ordinance has also been forwarded to Sheriff Kevin Rambosk with the Collier County Sheriffs Department. If you have any questions, please contact me at 252 -8406. Thank you. Attachment 17E '. MEMORANDUM Date: October 10, 2011 To: Kevin Rambosk, Sheriff Collier County Sheriff's Department From: Ann Jennejohn, Deputy Clerk Board Minutes & Records Department Re: Ordinance 2011 -33: Regarding regulation of firearms and ammunition; specifically in regards to noise control associated with the discharge of a firearm to comply with amendments to Section 790.33 Florida Statutes that preempts all such regulatory powers to the State of Florida Attached for your records is a copy of the ordinance referenced above, adopted by the Collier County Board of County Commissioner's on September 27, 2011. If you have any questions, please contact our office at 252 -8406. Thank you. Attachment 17 E MEMORANDUM Date: October 10, 2011 To: Ernie Kerskie, Director Collier County Property Appraiser's Office From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Ordinance 2011 -33: Regarding regulation of firearms and ammunition; specifically in regards to noise control associated with the discharge of a firearm to comply with amendments to F.S. Section 790.33 that preempts all such regulatory powers to the State of Florida Attached for your records is a copy of the ordinance reference above, adopted by the Collier County Board of County Commissioners on September 27, 2011. If you have any questions, please call me at 252 -8406. Thank you. Attachment ' 17E . ORDINANCE NO. 2011- 3 3 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 90 -17, AS AMENDED, THE COLLIER COUNTY NOISE CONTROL ORDINANCE, BY AMENDING SECTION SEVEN, EXEMPTIONS, CODIFIED AS SECTION 54 -87 OF THE CODE OF LAWS AND ORDINANCES, PROVIDING FOR AN EXEMPTION OF NOISE ASSOCIATED WITH THE DISCHARGE OF FIREARMS IN ORDER TO COMPLY WITH AMENDMENTS TO SECTION 790.33, FLORIDA STATUTES, WHICH PREEMPTS THE WHOLE FIELD OF FIREARMS AND AMMUNITION REGULATION TO THE STATE OF FLORIDA; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 1, 2011. WHEREAS, during the 2011 Legislative Session, the Florida Legislature adopted House Bill 45, amending Section 790.33, Florida Statutes, entitled "Field of regulation of firearms and ammunition preempted," by expanding the Legislature's preemption in the field of regulation of the firearms and ammunition and exacting severe penalties should an elected or appointed local government official enact, or cause to be enforced, an ordinance or regulation relating to firearms and ammunition. The effective date of the legislation is October 1, 2011; and WHEREAS, to comply with this amendment to Section 790.33, Florida Statutes, the Board of County Commissioners desires to amend Ordinance No. 90 -17, as amended, The Collier County Noise Control Ordinance, by amending Section Seven, Exemptions, codified as Section 54 -87 of the Collier County Code of Laws and Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Ordinance No. 90 -17, as previously amended, is hereby amended further by adding the following subsection S to Section Seven: SECTION SEVEN. EXEMPTIONS. The following uses and activities shall be permitted under this Ordinance and are exempt from the Sound Level limits set forth in subsection 6.13. S Noise associated with the discharge of firearms. Underlined text is added; Struck through text is deleted Page 1 of 2 17E 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 on October 1, 2011. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, thisZV4 -day of 'G!n?7kcx•zbe , 2011. ATTEST: DWIGHT E. BROCK, CLERK By: 7 rk Approved., to f10171,11 =' and lhal s id en Y. Jeffre Coun BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B Y: (A) FRED W. COYLE, CHA15 N Underlined text is added; Strue through text is deleted Page 2 of 2 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 -33 17E Which was adopted by the Board of County Commissioners on the 27th day of September, 2011, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 3rd day of October, 2011. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Board of County Commission e,:I�r, -, , By: Ann eJ -op h ;n Deputy Clerl 17E 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 after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through 44 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the .. a....., - i ;..o 4­­t, . t ;nn l;n #1 through #4 complete the checklist. and forward to Sue Filson (line #5). exception of Lnc i,nauman s ai nam—, uiaw a uu., aa. a ., Route to Addressee(s) (List in routing order) ...,. . .... _ ,...... __.._ Office Initials Date 1. appropriate. (Initial) Applicable) 2. 9/27/11 Agenda Item Number 17 -E 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Jeffrey A. Klatzkow, County Attorney County Attorney JAK 9/27/2011 5. Ian Mitchell, Executive Manager BCC Board of County Commissioners Documents Attached ) 29111 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally 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 information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Jeffrey A. Klatzkow, County Attorney Phone Number 252 -8400 Contact appropriate. (Initial) Applicable) Agenda Date Item was 9/27/11 Agenda Item Number 17 -E Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Ordinance Removing Firearms regulations Number of Original One Attached in Section 38 -68 of Code of Laws Documents Attached oZ0l L TN .CT TC`TinNS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 08- MGR - 00132/33 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK signed by the Chairman, 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.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's JAK Office and all other parties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the JAK document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's JAK signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip JAK should be provided to Ian Mitchell in the BCC office within 24 hours of BCC 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! 6. The document was approved by the BCC on 9/27/11 and all changes made during the JAK meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 08- MGR - 00132/33 17E ' " MEMORANDUM Date: October 10, 2011 To: Jeff Klatkow, County Attorney County Attorney's Office From: Ann Jennejohn, Deputy Clerk Board Minutes & Records Department Re: Ordinance 2011 -34: Regarding regulation of firearms and ammunition; specifically deleting any local rights to suspend /limit the sale of firearms during a state of emergency to comply with amendments to F.S. Section 790.33 that preempts all such regulatory powers to the State of Florida Attached for your records, is a copy of the Ordinance referenced above, (Item #17E) adopted by the Board of County Commissioners on Tuesday September 27, 2011. A copy of this Ordinance has also been forwarded to Sheriff Kevin Rambosk with the Collier County Sheriffs Department. If you have any questions, please contact me at 252 -8406. Thank you. Attachment 17E w MEMORANDUM Date: October 10, 2011 To: Kevin Rambosk, Sheriff Collier County Sheriff's Department From: Ann Jennejohn, Deputy Clerk Board Minutes & Records Department Re: Ordinance 2011 -34: Regarding regulation of firearms and ammunition; specifically deleting any local rights to suspend /limit the sale of firearms during a State of Emergency to comply with amendments to Section 790.33 Florida Statutes that preempts all such regulatory powers to the State of Florida Attached for your records is a copy of the ordinance referenced above, adopted by the Collier County Board of County Commissioner's on September 27, 2011. If you have any questions, please contact our office at 252 -8406. Thank you. Attachment 17 E 'w MEMORANDUM Date: October 10, 2011 To: Ernie Kerskie, Director Collier County Property Appraiser's Office From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Ordinance 2011 -34: Regarding regulation of firearms and ammunition; specifically deleting any local rights to suspend /limit the sale of firearms during a state of emergency to comply with amendments to F.S. Section 790.33 that preempts all such regulatory powers to the State of Florida Attached for your records is a copy of the ordinance reference above, adopted by the Collier County Board of County Commissioners on September 27, 2011. If you have any questions, please call me at 252 -8406. Thank you. Attachment 17E k�!­J ORDINANCE NO. 2011- 34 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 38, CIVIL EMERGENCIES, ARTICLE III, DECLARATION OF STATE OF EMERGENCY, OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, ALSO KNOWN AS ORDINANCE NO. 84 -37, AS AMENDED, AMENDING SECTION 38 -68, AUTHORIZED EMERGENCY MEASURES, BY DELETING THE RIGHT TO SUSPEND OR LIMIT THE SALE OF FIREARMS DURING A STATE OF EMERGENCY, IN ORDER TO COMPLY WITH AMENDMENTS TO SECTION 790.33, FLORIDA STATUTES, WHICH PREEMPTS THE WHOLE FIELD OF FIREARMS AND AMMUNITION REGULATION TO THE STATE OF FLORIDA; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 1, 2011. WHEREAS, during the 2011 Legislative Session, the Florida Legislature adopted House Bill 45, amending Section 790.33, Florida Statutes, entitled "Field of regulation of firearms and ammunition preempted," by expanding the Legislature's preemption in the field of regulation of the firearms and ammunition and exacting severe penalties should an elected or appointed local government official enact, or cause to be enforced, an ordinance or regulation relating to firearms and ammunition. The effective date of the legislation is October 1, 2011; and WHEREAS, to comply with this amendment to Section 790.33, Florida Statutes, the Board of County Commissioners desire to amend Section 38 -68 of the Collier County Code of Laws and Ordinances, by deleting the right to suspend or limit the transportation of firearms during a State of Emergency. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Article III. Declaration of State of Emergency, Section 38 -56, of the Code of Laws and Ordinances of Collier County, Florida, is hereby amended as follows: 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 article, 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, Underlined text is added; St fue'' thfough text is deleted Page 1 of 3 '" 17E 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, 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 the health, safety and welfare of the community: (1) Suspend or limit the sale, dispensing or transportation of alcoholic beverages, fps; explosives, and combustibles. (2) Establish curfews, including but not limited to the prohibition of or restrictions on pedestrian and vehicular movement, standing and parking, except for the provision of designated, essential services, such as fire, police, emergency medical services and hospital services, including the transportation of patients, utility emergency repairs and emergency calls by physicians. 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 on October 1, 2011. Underlined text is added; Str-uek text is deleted Page 2 of 3 17E PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this2-H44ay 2011. ATTEST: DWIGHT E. BROCK, CLERK B Y� "e* A rovd a 1 '`orrri l� l g Jeffrey County BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B Y: FRED W. COYLE, CHAIRTUN Underlined text is added; 84uek4lifeugh text is deleted Page 3 of 3 0 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 -34 17E " Which was adopted by the Board of County Commissioners on the 27th day of September, 2011, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 3rd day of October, 2011. DWIGHT E. BROCK ' Clerk of Courts and - .Cl :rl'. Ex- officio to Boaia ,of County Commissioners By: Ann net Qhn,; Deputy Clerk."