Agenda 06/08/2021 Item #10A (Ordinance - Bill of Rights Sanctuary County)
Proposed Agenda Changes
Board of County Commissioners Meeting
June 8, 2021
Continue Item 9C to the July 13, 2021 BCC Meeting: Recommendation to adopt the proposed
amendments to the Rural Lands Stewardship Area Overlay of the Collier County Growth
Management Plan (GMP), Ordinance 89-05, as amended, and to transmit the amendments to the
Florida Department of Economic Opportunity (DEO) and other statutorily required agencies.
(Staff’s request)
Continue item 10A to the June 22, 2021 BCC Meeting:
Recommendation for the Board to consider adoption of a County
Ordinance establishing Collier County as a Bill of Rights Sanctuary
County. (Commissioner McDaniel’s request)
Continue Item 10B to the July 13, 2021 BCC Meeting: Recommendation to direct the County
Manager to retain an outside consultant to review the Rural Lands Stewardship Area (RLSA)
Overlay Growth Management Plan, as amended, to estimate the total Stewardship Credits
available in the Overlay. (Commissioner Taylor’s request)
Move Item 16A15 to Item 11J: Recommendation to accept the Golden Gate Parkway Complete
Street Study and direct staff to pursue Concept 1. (Commissioner Saunders’ request)
Add on Item 11K: Update on the Great Wolf Lodge development agreement. (Commissioner
Saunders’ request)
Move Item 16C4 to Item 11L: Recommendation to approve a Resolution authorizing the Chairman
of the Board of County Commissioners, Collier County, Florida, to execute Agreements, Deeds, and
other documents required for the sale of Gulf American Corporation (GAC) Land Trust property
during the 2021 Calendar Year. (Commissioner McDaniel’s request)
Withdraw item 16D6: Recommendation to approve and authorize the Chairperson to sign the
Fourth Amendment between Collier County and Prestige Home Centers, Inc. to extend the
agreement term and increase funding in the amount of $30,000 for the State Housing Initiatives
Partnership Demolition and/or Replacement of Manufactured Housing program. (Staff’s request)
Continue Item 16K1 to the June 22, 2021 BCC Meeting: Recommendation to take no further
action with respect to a public petition requesting that Collier County enact an ordinance to
protect firearm owners from federal or state government intrusion. (Commissioner McDaniel’s
request)
Time Certain Items:
Item 9A & 9B and companion items to be heard at 10:00am - Longwater and Belmar items with
companion items
6/8/2021 8:33 AM
06/08/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.A
Item Summary: *** This Item to be heard at 10:00 am *** Recommendation for the Board to
consider adoption of a County Ordinance establishing Collier County as a Bill of Rights Sanctuary
County. (Commissioner McDaniel's Request)
Meeting Date: 06/08/2021
Prepared by:
Title: Sr. Operations Analyst – County Manager's Office
Name: Geoffrey Willig
06/01/2021 1:45 PM
Submitted by:
Title: Division Director - Corp Fin & Mgmt Svc – County Manager's Office
Name: Mark Isackson
06/01/2021 1:45 PM
Approved By:
Review:
Office of Management and Budget Geoffrey Willig Level 3 OMB Gatekeeper Review Skipped 06/01/2021 1:45 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/02/2021 3:41 PM
County Manager's Office Mark Isackson Level 4 County Manager Review Completed 06/02/2021 4:06 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 06/08/2021 9:00 AM
10.A
Packet Pg. 352
ORDINANCE NO. 2021 -____
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLER COUNTY, FLORIDA, ESTABLISHING COLLIER COUNTY AS
A BILL OF RIGHTS SANCTUARY COUNTY.
WHEREAS, the Collier County Board of County Commissioners has growing concerns
over the federal government’s increasing encroachment on the rights and privileges of its citizens;
and,
WHEREAS, of particular concern are those edicts being promulgated by the federal
government in the form of executive orders, which circumvent the legislative process and arguably
violate the fundamental American doctrine of separation of powers; and,
WHEREAS, Article I, Section 1 of the Florida State Constitution recognizes that, “[a]ll
political power is inherent in the people.”; and,
WHEREAS, the Tenth Amendment to the Constitution of the United States of America
states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to
the States, are reserved to the States respectively, or to the people.”; and,
WHEREAS, “… federalism protects the liberty of the individual from arbitrary
power…[and] An individual has a direct interest in objecting to laws that upset the constitutional
balance between the National Government and the States when the enforcement of those laws
causes injury that is concrete, particular, and redressable. Fidelity to principles of federalism is not
for the States alone to vindicate.” Bond v. United States, 564 U.S. 211, 222, 131 S. Ct. 2355, 2364-
65 (2011); and,
WHEREAS, “[t]he structural principles secured by the separation of powers protect the
individual as well.” Id.; and,
WHEREAS, the State of Florida is divided into various counties and municipalities and
Article VIII, Section 1(f) of the Florida Constitution vests counties with “such power of self-
government as is provided by general or special law.”; and,
WHEREAS, Chapter 125.01(1)(t) & (w), Florida Statutes specifically authorizes counties
to “[a]dopt ordinances and resolutions necessary for the exercise of its powers… [and ] Perform
any other acts not inconsistent with law, which acts are in the common interest of the people of
the county, and exercise all powers and privileges not specifically prohibited by law.”; and,
WHEREAS, Chapter 125.01(3)(b), Florida Statutes further provides that “[t]he provisions
of this section shall be liberally construed in order to effectively carry out the purpose of this
section and to secure for the counties the broad exercise of home rule powers authorized by the
State Constitution.”; and,
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WHEREAS, the United States Congress has no authority to commandeer the states to act
(See, e.g., Murphy v. National Collegiate Athletic Ass’n, 138 S. Ct. 1461, 1475-1477 (May 14,
2018)); and,
WHEREAS, the anti-commandeering principle is absolute and categorical. See Printz v.
United States, 521 U.S. 898, 935 (1997) (“It matters not whether policymaking is involved, and
no case-by-case weighing of the burdens or benefits is necessary; such commands are
fundamentally incompatible with our constitutional system of dual sovereignty.”); and,
WHEREAS, “[w]here Congress exceeds its authority relative to the States, therefore, the
departure from the constitutional plan cannot be ratified by the "consent" of state officials” New
York v. United States, 505 U.S. 144, 182, 112 S. Ct. 2408, 2431 (1992); and,
WHEREAS, the Board of County Commissioners acknowledges and affirms that the
Sheriff is an independent Constitutional officer and not under the authority of this Board, but the
Sheriff is charged with the duty to enforce County Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Title
This ordinance shall be known and cited as the “Bill of Rights Sanctuary County Ordinance.”
SECTION TWO: Findings
In addition to the foregoing whereas clauses, the Board of County Commissioners of Collier
County, Florida, hereby finds and declares:
In order to secure the rights of the citizens of Collier County as enumerated, in part, by the United
States Constitution including the first ten amendments thereto, which are commonly referred to as
the Bill of Rights of that Constitution, and read as follows:
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise
thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to
assemble, and to petition the Government for a redress of grievances.
Amendment II
A well regulated Militia, being necessary to the security of a free State, the right of the people to
keep and bear Arms, shall not be infringed.
Amendment III
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner;
nor in time of war, but in a manner to be prescribed by law.
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Amendment IV
The right of the people to secure in their persons, houses, papers, and effects, against unreasonable
searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause,
supported by oath or affirmation, and particularly describing the place to be searched, and persons
or things to be seized.
Amendment V
No person shall be held to answer for a capital, or infamous crime, unless on a presentment or
indictment of a Grand Jury, except in cases arising in the land or naval forces, or in a militia, when
in actual service in time of War or public danger; nor shall any person be subject for the same
offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to
be a witness against himself; nor be deprived of life, liberty, or property, without due process of
law; nor shall private property be taken for public use without just compensation.
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an
impartial jury of the State and district wherein the crime shall have been committed; which district
shall have been previously ascertained by law, and to be informed of the nature and cause of the
accusation; to be confronted with the witnesses against him; to have compulsory process for
obtaining witnesses in his favor; and to have the assistance of counsel for his defense.
Amendment VII
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of
trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any
Court of the United States, than according to the rules of common law.
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual
punishments inflicted.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage
others retained by the people.
Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states,
are reserved to the states respectively, or to the people.
Collier County has the right to be free from the commanding hand of the federal government and
has the right to refuse to cooperate with federal government officials in response to
unconstitutional federal government measures, and to proclaim a Bill of Rights Sanctuary for law-
abiding citizens in the unincorporated portions of Collier County;
THEREFORE, through the enactment of this Ordinance, Collier County, Florida is hereby
declared to be a Bill of Rights Sanctuary County.
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SECTION THREE: Definitions
A. An “Unlawful Act” shall consist of:
1. Any federal act, law, order, rule, or regulation that violates an individual’s
Constitutional rights as enumerated in Amendments 1 through 10 to the United States
Constitution.
2. Any such “Unlawful Act” is invalid in Collier County and shall not be recognized by
Collier County, and shall be considered null, void and of no effect in Collier County,
Florida.
SECTION FOUR: Prohibitions
A. Notwithstanding any other law, regulation, rule or order to the contrary, no agent,
department, employee or official of Collier County, a political subdivision of the State of Florida,
while acting in their official capacity, shall:
1. Intentionally participate in any way in the enforcement of any Unlawful Act; or,
2. Utilize any Collier County assets or funds which aids in the enforcement or
investigation relating to an Unlawful Act.
SECTION FIVE: Penalties
A. Any agent, department, employee or official within the jurisdiction of Collier County,
Florida, accused of being in violation of this ordinance may be sued in Circuit Court for declaratory
and injunctive relief, damages, and attorneys’ fees.
B. In addition to the civil liability provided for by Section A above, violation of this Ordinance
shall be punishable in accordance with Section 1-6 of the Collier County Code of Ordinances
(General Penalty).
SECTION FIVE: 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
portion.
SECTION SIX: Inclusion in the Code of Laws and Ordinances
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
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relettered to accomplish such, and the word “ordinance” may be changed to “section” or “article”
or any other appropriate word.
SECTION SEVEN: Effective Date
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this day of , 2021.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K. Kinzel, Clerk of Courts COLLIER COUNTY, FLORIDA
By: ___________________________ By: _____________________________
, Deputy Clerk Penny Taylor, Chair
Approved as to form and legality:
______________________________
Jeffrey A. Klatzkow, County Attorney
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