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Ordinance 2022-34 ORDINANCE NO. 22 - 3 4 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 1975-16,AS AMENDED, IN ORDER TO AUTHORIZE THE CHAIRMAN TO BETTER DEAL WITH DISORDERLY PERSONS, INCLUDING REQUESTING THE ASSISTANCE OF LAW ENFORCEMENT OFFICERS TO REMOVE DISORDERLY PERSONS WHEN THAT PERSON'S CONDUCT INTERFERES WITH THE ORDERLY PROGRESS OF THE MEETING; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR • AN EFFECTIVE DATE. WHEREAS,Ordinance No. 1975-16,as amended,regulates the conduct of meetings of the Board of County Commissioners; and WHEREAS, the Board wishes to authorize the Chairman to better deal with disorderly persons, including requesting the assistance of law enforcement in the removal of a disorderly person when that person's conduct interferes with the orderly progress of the meeting. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Amendment to Section One,Paragraphs 2 and 3 of Ordinance No. 1975- 16, as amended, codified as Sections 2-37 and 2-38 in the Code of Laws and Ordinances. 2. Addressing the Commission: a. If a subject is not on the agenda for a meeting of the Board of County Commissioners it may be added by motion and an affirmative vote of a majority of all Board members present that the subject should not be delayed until the next meeting. b. Any person appearing to provide the Board factual information or expert opinion to consider prior to taking official action shall be governed by the following procedure: (1) Prior to addressing the Board the speaker shall approach any podium or any other place otherwise designated by the Board of County Commissioners for this purpose and clearly state his or her full name, home address, the name of the person or entity that he or she represents and the subject of his or her address. [22-BCC-00993/1 745 1 1 5/1] Page 1 of 3 Words underlined are added;words struck through are deleted. (2) Before providing factual information or expert opinion the speaker may ask, and any Commissioner may require the speaker to be placed under the following oath with right hand upraised: "I willfully swear under oath the facts and testimony I furnish this Board to be the truth, the whole truth and nothing but the truth, and not inconsistent or contradictory with other statements made by me under oath." No person shall be required to take this oath more than once in any given day, but shall be reminded he is under oath before again addressing the Board. Each commissioner, shall take the oath one time and be considered under oath during the term of his office. Those asking questions or desiring to comment on a matter before the Board shall not be required to take the oath. Any Commissioner may at any time request such a speaker to take the above oath. (3) Each person shall limit his address to three minutes unless granted additional time by the Chairman or by an affirmative vote of the majority of the Board members present. All remarks shall be to the Board as a body and not to any individual member. No person other than a Commissioner shall discuss directly or through a Commissioner, without authorization of the presiding officer. (4) gated. The Chairman may: al interrupt, warn, or terminate a speaker's statement when such statement is too lengthy, abusive, obscene, irrelevant or repetitive; 12) request any individual to leave the meeting when that person does not observe reasonable decorum; c . request the assistance of law enforcement officers in the removal of a disorderly person when that person's conduct interferes with the orderly progress of the meeting; call for a recess or an adjournment to another time when the lack of public decorum so interferes with the orderly conduct of the meeting as to warrant such action. 3. Sergeant-at-arms: The County Sheriff, or his deputy, shall be the sergeant-at-arms at meetings of the Board of County Commissioners and may assist the Chairman in maintaining order and decorum, including the removal of a disorderly person when requested by the Chairman. [22-BCC-00993/1745115/1] Page 2 of 3 Words underlined are added;words struck through are deleted. SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCE 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 re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION THREE: 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 FOUR: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida,this 13th day of September, 2022. ATTES 'v: •, • '°'„ BOARD OF COUNTY COMMISSIONERS Crystart AK 1e`ln`ze1, C1eak of Courts COLLIER CO 4 -I ' DA ' 're''''. -, ..._ (/ ). # / OA ;,-, ' . 0 C By: _,. J„qr. By: • Attest as to Ghai' -''* r erk Will'; L. McDaniel,Jr., Chairman sign. ure s iy, Approves . . , and legality: flit aA This orr_lincr:ce flied with it thz: Jeffrey A.T 1. i ow, County Attorney1 n of - of _ ,,04_,,iand aCknow!>=:-,; ;r, >�t of Mir re etVc=, ;��s� of By Nt,ury Cs [22-BCC-00993/1745115/1] Page 3 of 3 Words underlined are added;words struck through are deleted. `a ‘III `,,,, '- ‘ i t„, _�s "AO FLORIDA DEPARTMENT Of STATE RON DESANTIS CORD BYRD Governor Secretary of State September 22, 2022 Martha S. Vergara, BMR& VAB Senior Deputy Clerk Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, Florida 34112 Dear Martha Vergara: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 22-34, which was filed in this office on September 21, 2022. Sincerely, Anya Owens Program Administrator ACO/wlh R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270