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Backup Documents 02/14/2023 Item # 9C BCC February 14, 2023 Ordinance Prohibiting Marijuana 9 C Dispensaries in Collier Count COLLIER COUNTY FLORIDA L) ,a/ii REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS ;�"' �_ To: Clerk to the Board: Please place the following as a: r^ ',„„,,,-.A ® Normal legal Advertisement ❑ Other: (Display Adv., location,etc.) Originating Dept/Div: County Attorney Person: Wanda Rodriguez 252-8123 Date: 1/26/23 Petition No. (If none,give brief description): an Ordinance prohibiting marijuana dispensaries in Collier County Petitioner: (Name&Address): n/a Name&Address of any person(s)to he notified by Clerk's Office:(If more space is needed,attach separate sheet) I learina before BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10+days before hearing.)February 14,2023 (ad to run on Wednesday, February 1,2023) Newspaper(s)to be used: (Complete only if important): ® Naples Daily News ❑ Other ❑ Legally Required Proposed Text: (Include legal description&common location& Size): AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PROHIBITING MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITIES FROM ESTABLISHING OR LOCATING WITHIN UNINCORPORATED COLLIER COUNTY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS ANI) ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Companion petition(s). if any&proposed hearing date: none Does Petition kee include advertising cost? ❑ Yes ❑ No If Yes, what account should be charged for advertising costs: � P.O. No.4500220658 Reviewed bi: f', - :--. \ ,, t 16 / 3 Division Administrator or Designee Date List Attachhnents: proposed ordinance to be forwarded separately DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to Clerk's Office for processing. 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 Minutes& Records. 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 US(i LV: Date Received: I2, _ Date of Public hearing: ?r114 a?) Date Advertised: d 1 r3 9C ORDINANCE NO. 2023- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PROHIBITING MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITIES FROM ESTABLISHING OR LOCATING WITHIN UNINCORPORATED COLLIER COUNTY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Art. X, §29, Fla. Const., entitled "Medical Marijuana production, possession and use," was passed by electors of Florida in November 2016, which amended the Florida Constitution to allow the use of marijuana in certain medical applications; and WHEREAS, Art. X, §29, Fla. Const. defines Medical Marijuana Treatment Centers to mean an entity that acquires, cultivates, possesses, processes (including development of related products such as food,tinctures, aerosols, oils, or ointments),transfers, transports, sells, distributes, dispenses, or administers marijuana,products containing marijuana,related supplies, or educational materials to qualifying patients or their caregivers and is registered by the Department of Health or its successor agency; and WHEREAS, On June 23, 2017, Senate Bill 8-A,relating to the medical use of marijuana,was signed into law, implementing the provisions of Art. X, §29, Fla. Const. and substantially amending Section 381.986, Florida Statutes,which provides in relevant part that"a county or municipality may, by ordinance, ban medical marijuana treatment center dispensing facilities from being located within the boundaries of that county or municipality;" and WHEREAS, Pursuant to the authority provided to counties in Section 381.986(11), Florida Statutes, the Board desires to enact such a ban prohibiting medical marijuana treatment centers from establishing or locating medical marijuana dispensing facilities within unincorporated Collier County; and WHEREAS, the Board finds this Ordinance is in the best interest of the public's health, safety, and welfare. 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"Prohibition of Medical Marijuana Dispensing Facilities" Ordinance. 9C SECTION TWO: Purpose and Intent The purpose of this Ordinance is to prohibit medical marijuana treatment center dispensing facilities from establishing or locating within unincorporated Collier County. SECTION THREE: Findings Pursuant to the authority granted to counties in Section 381.986(11), Florida Statutes, the Board finds that a ban on the establishment or location of medical marijuana treatment center dispensing facilities within unincorporated Collier County is in the best interest of the County. SECTION FOUR: Prohibition of Medical Marijuana Dispensing Facilities (a) Prohibition. Medical marijuana treatment center dispensing facilities are prohibited and shall not be established or located within unincorporated Collier County. (b) Interpretation. This section and the terms used herein shall be interpreted in accordance with the Florida Constitution, Florida Statutes, and the Florida Administrative Code. SECTION FIVE: Penalties All violations of this Ordinance may be processed according to the Collier County Consolidated Code Enforcement Ordinance (Ord. No. 2010-04, as amended) and per provisions of Parts I or II of Chapter 162, Florida Statutes, as may be applicable. A law enforcement official or code enforcement officer is specifically authorized to issue a citation for each violation. Each day of any such violation shall constitute a separate and distinct offense. The County may also enforce this Ordinance by action in equity, including injunctive or declaratory relief, in the appropriate court of competent jurisdiction. SECTION SIX: Applicability. This Ordinance shall apply to, and be enforced in, all unincorporated areas of Collier County, Florida. SECTION SEVEN: Conflict and Severability In the event this Ordinance conflicts with any other ordinance of Collier County or other appliable 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 EIGHT: Inclusion in the Code of Laws and Ordinances The provisions of this Ordinance shall become and be made part of the Code of Laws and Ordinances of Collier County,Florida.The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. 9C SECTION NINE: Effective Date This Ordinance shall become effective upon filing with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of 2023. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk Rick LoCastro, Chairman Approved as to form and legality: Jeffrey A. Klatzkow, County Attorney 9C Acct #525058 was 324207 February 26, 2023 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: Ordinance Prohibiting Marijuana Dispensaries in Collier County Dear Legals: Please advertise the above referenced notice on Friday, February 1, 2023 (to be placed in the classified section) and kindly send the Affidavit of Publication, together with charges involved, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500220658 9C NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) on February 14, 2023, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East,Naples, FL,to consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M.The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PROHIBITING MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITIES FROM ESTABLISHING OR LOCATING WITHIN UNINCORPORATED COLLIER COUNTY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. A copy of the proposed Ordinance is on file with the Clerk to the Board and is 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 Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any 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 materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting,or any deadline specified within the public meeting notice.Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any 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 Division,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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA RICK LoCASTRO, CHAIRMAN 9C CRYSTAL K. KINZEL, CLERK By: Martha Vergara,Deputy Clerk (SEAL) 9C Acct #525058 was 324207 February 26, 2023 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: Ordinance Prohibiting Marijuana Dispensaries in Collier County Dear Legals: Please advertise the above referenced notice on Wednesday, February 1, 2023 (to be placed in the classified section) and kindly send the Affidavit of Publication, together with charges involved, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500220658 9C Martha S. Vergara From: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com> Sent: Thursday, January 26, 2023 12:33 PM To: Martha S.Vergara Subject: DO NOT REPLY External Message: Please use caution when opening attachments, clicking links, or replying to this message. This is an auto generated email, please do not reply. The legal department has received your email and will be processing your notice as soon as possible. We will provide a proof as well as publication dates, cost and payment requirements prior to the notice running. All Legal/Public Notices will be processed for the desired publication if received by deadline. Office Hours: Monday— Friday 8:00 am -5:00 pm CST/EST Thank you for your business. Gannett Legal/Public Notice Department 1 C Martha S. Vergara From: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com> Sent: Thursday, January 26, 2023 1:30 PM To: Martha S. Vergara Subject: RE: Ord. Prohibiting Marijuana Dispensaries in Collier County (BCC 2/14/2023) External Message: Please use caution when opening attachments, clicking links, or replying to this message. Hello, Your account is currently suspended due to past due balances. Please contact our Finance Department at 877-736-7612 to resolve the issue. Once resolved, please let me know by replying to this email and I will set up the notice. Your billing account number is 525058/324207. Thank you, Public Notices LocaliQ I •USA NETWORKv From: Martha S. Vergara <Martha.Vergara@collierclerk.com> Sent:Thursday,January 26, 2023 12:32 PM To: NDN-Legals<legals@naplesnews.com> Subject: Ord. Prohibiting Marijuana Dispensaries in Collier County (BCC 2/14/2023) Hello, Please advertise the following attached on Wednesday, February 1, 2023. The advertisement can be placed in that portion of the newspaper where classified advertisements appear. Please forward an ok when received, if you have any questions feel free to call. Thanks, Martha Vergara BMR &VAB Senior Deputy Clerk cutiT coURT Office: 239-252-7240 � �`�� Fax: 239-252-8408 Ac E-mail: martha.vergara@CollierClerk.com Office of the Clerk of the Circuit Court & Comptroller of Collier County e 3299 Tamiami Trail E, Suite #401 Naples, FL 34112 www.CollierClerk.com 1 9C This electronic communication contains information intended solely for the named addressee(s). If you have received this communication in error, please forward the email in its entirety to the Clerk's Office at collierclerk@collierclerk.com and delete the email. Under Florida Law, email addresses are public. 2 9C Martha S. Vergara From: Victoria A. Burgo Sent: Thursday, January 26, 2023 1:56 PM To: Mary E. Lockyear; Martha S. Vergara;Julita Horobin;Ashley Zuniga;Joanna Curbelo Llorente Cc: James N.Jenkins; Kelly Jones; Marty G. Rustin Subject: RE: Ord. Prohibiting Marijuana Dispensaries in Collier County (BCC 2/14/2023) Yes, ma'am,that's right. Q I just checked the invoices in Dolphin and I do not currently see anything received and not yet been paid for account 525058 (old) 324207 (new). Additionally, account 324207 does not show a past due balance so the account should not be suspended. I suspect there may be a different account with a large past due balance, such as zoning,that is causing the issue. This had happened years ago and I did a large reconciliation to all accounts cleared up before I handed the vendor back to AP for processing. I am currently reviewing a pay app that Leslie needs to unblock today, so I will not be able to work on this right away. Martha, would you please help me by requesting a statement from the vendor? They typically email it in Excel format. Once you obtain the statement,you may forward directly to me and I'll begin reconciling it. Thank you! PLEASE DETACH AND RETURN THIS PORTION WITH YOUR PAYMI LOCA * ACCOUNT NAME PAYMENT DUE DATE Office Of The County Attorney PAYMENT 20,2022 Naples Daily News ACCOUNT NUMBER INVOICE NUMBER Naples 32420Y 0005137201 CURRENT 30 DAYS SO DAYS 90 DAYS —� 120+DAYS UNAPPLIED DUE PAST DUE PAST DUE PAST DUE PAST OUE PAYMENTS $1,519.00 $0.00 $0.00 $0.00 S0.00 30.00 REMITTANCE.ADDRESS 1Includo A•.council A Inv& io san ch k1 TO PAY WITH CREDIT CARD PLEASE FILL DU V13A n MASTERC:ARD DNS('OVER Naples Daily News P.O. Box 1412 card Nun Ito,i Charlotte, NC 28201-1412 Cowte - Su1ri Mu;c 0A0 _._..- 00003242070000000000000 51►37291►0015,19001264` 1 Victoria Burgo 9 C Operations Supervisor `�c,;�r couRr Office: 239-252-2785 ezz'� �`Pi Fax: 239-252-6179 Victoria.Burgo@CollierClerk.com C b Office of the Clerk of the Circuit Court * * &Comptroller of Collier County 3299 Tamiami Trail E,Suite 700 Naples, FL 34112-5749 www.CollierClerk.com From: Mary E. Lockyear<mary.lockyear@collierclerk.com> Sent:Thursday,January 26, 2023 1:40 PM To: Martha S.Vergara <Martha.Vergara@collierclerk.com>;Julita Horobin <julita.horobin@collierclerk.com>; Ashley Zuniga <Ashley.Zuniga@collierclerk.com>;Joanna Curbelo Llorente<joanna.curbelo@collierclerk.com> Cc:James N.Jenkins<James.Jenkins@collierclerk.com>; Kelly Jones<Kelly.Jones@collierclerk.com>; Marty G. Rustin <marty.rustin@collierclerk.com>;Victoria A. Burgo <Victoria.Burgo@collierclerk.com> Subject: RE: Ord. Prohibiting Marijuana Dispensaries in Collier County(BCC 2/14/2023) Looping Victoria in because she knows more about Desk Spinco than we do. Mary Lockyear Contract Technician `N�•.11 c,y q,. Office: 239-252-7911 Mary.Lockyear@collierclerk.com Y Office of the Clerk of the Circuit Court 'y, � &Comptroller of Collier County 3299 Tamiami Trail E, Ste 700 Naples, FL 34112-5324 www.CollierClerk.com From: Martha S.Vergara<Martha.Vergara@collierclerk.com> Sent:Thursday,January 26, 2023 1:39 PM To:Andrea Brown <andrea.brown@collierclerk.com>;Julita Horobin <iulita.horobin@collierclerk.com>; Ashley Zuniga <Ashley.Zuniga@collierclerk.com>; Mary E. Lockyear<mars.lockyear@collierclerk.com>;Joanna Curbelo Llorente <joanna.curbelo@collierclerk.com> Cc:James N.Jenkins<James.Jenkins@collierclerk.com>; Kelly Jones<Kelly.Jones@collierclerk.com>; Marty G. Rustin <marty.rustin@collierclerk.com> Subject: FW: Ord. Prohibiting Marijuana Dispensaries in Collier County (BCC 2/14/2023) Importance: High Hello Everyone, Apparently our account has been SUSPENDED DUE TO PAST DUE BALANCES. Please see the email just received below. 2 Thanks, 9 C Martha From: Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com> Sent:Thursday,January 26, 2023 1:30 PM To: Martha S.Vergara <Martha.Vergara@collierclerk.com> Subject: RE: Ord. Prohibiting Marijuana Dispensaries in Collier County (BCC 2/14/2023) External Message: Please use caution when opening attachments, clicking links, or replying to this message. Hello, Your account is currently suspended due to past due balances. Please contact our Finance Department at 877-736-7612 to resolve the issue. Once resolved, please let me know by replying to this email and I will set up the notice. Your billing account number is 525058/324207. Thank you, Public Notices LocaliQ I •USA NETWORKY From: Martha S. Vergara <Martha.Vergara@collierclerk.com> Sent:Thursday,January 26, 2023 12:32 PM To: NDN-Legals<legals@naplesnews.com> Subject: Ord. Prohibiting Marijuana Dispensaries in Collier County (BCC 2/14/2023) Hello, Please advertise the following attached on Wednesday, February 1, 2023. The advertisement can be placed in that portion of the newspaper where classified advertisements appear. Please forward an ok when received, if you have any questions feel free to call. Thanks, Martha Vergara BMR&VAB Senior Deputy Clerk ``otiTC1°uRT4 Office: 239-252-7240 `°q Fax: 239-252-8408 73 E-mail: martha.vergara@CollierClerk.com Office of the Clerk of the Circuit Court * * & Comptroller of Collier County FRCO( , 3299 Tamiami Trail E, Suite #401 "`ND( Naples, FL 34112 www.CollierClerk.com 3 96 This electronic communication contains information intended solely for the named addressee(s). If you have received this communication in error, please forward the email in its entirety to the Clerk's Office at collierclerk@collierclerk.com and delete the email. Under Florida Law, email addresses are public. 4 9C Martha S. Vergara From: Martha S.Vergara Sent: Monday, January 30, 2023 10:49 AM To: Naples Daily News Legals Subject: Ord. Prohibiting Marijuana Dispensaries in Collier County(BCC 2/14/2023) Attachments: Ordinance Prohibiting Marijuana Dispensaries in Collier County (BCC 2-14-2023).docx; Ordinance Prohibiting Marijuana Dispensaries in Collier County (BCC 2-14-2023).docx Importance: High Hello, Please advertise the following attached on Wednesday, February 1, 2023. The advertisement can be placed in that portion of the newspaper where classified advertisements appear. Please forward an ok when received, if you have any questions feel free to call. Thanks, Martha Vergara BMR&VAB Senior Deputy Clerk covi c'ovpr Office: 239-252-7240 Fax: 239-252-8408 Ar E-mail: martha.vergara@CollierClerk.com Office of the Clerk of the Circuit Court & Comptroller of Collier County °`el,, 3299 Tamiami Trail E, Suite #401 cot.'Nrr•rti Naples, FL 34112 www.CollierClerk.com 1 9C Acct #323630 January 30, 2023 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: Ordinance Prohibiting Marijuana Dispensaries in Collier County Dear Legals: Please advertise the above referenced notice on Wednesday, February 1, 2023 (to be placed in the classified section) and kindly send the Affidavit of Publication, together with charges involved, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500220658 9C Martha S. Vergara From: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com> Sent: Monday, January 30, 2023 11:33 AM To: Martha S.Vergara Subject: RE: 5577945 - Ord. Prohibiting Marijuana Dispensaries in Collier County (BCC 2/14/2023) Attachments: OrderConf.pdf External Message: Please use caution when opening attachments,clicking links, or replying to this message. Hello, Your notice is scheduled to run on 2/1 in the Daily News. The total cost is$500.50, which includes an affidavit that will be mailed to you after the final run date. An order confirmation containing a proof of the notice is attached for your review. Thank you, Forrest Grade Public Notice Representative * LocaliQ USA TODAY NETWORK Office:844-254-5287 From: Martha S.Vergara <Martha.Vergara@collierclerk.com> Sent: Monday,January 30, 2023 9:49 AM To: NDN-Legals<legals@naplesnews.com> Subject: 5577945-Ord. Prohibiting Marijuana Dispensaries in Collier County(BCC 2/14/2023) Importance: High Hello, Please advertise the following attached on Wednesday, February 1, 2023. The advertisement can be placed in that portion of the newspaper where classified advertisements appear. Please forward an ok when received, if you have any questions feel free to call. Thanks, 1 Martha Vergara BMR&VAB Senior Deputy Clerk `stoo coukr Office: 239-252-7240 c� c ct`6: Fax: 239-252-8408 r E-mail: martha.vergara@CollierClerk.com Office of the Clerk of the Circuit Court & Comptroller of Collier County *e,„ 3299 Tamiami Trail E, Suite #401 Naples, FL 34112 www.CollierClerk.com This electronic communication contains information intended solely for the named addressee(s). If you have received this communication in error, please forward the email in its entirety to the Clerk's Office at collierclerk@collierclerk.com and delete the email. Under Florida Law, email addresses are public. 2 9C Nitplrs Battu Dilettirq PART OF THE USA TODAY NETWORK BCC COMPREHENSIVE PL 3299 TAMIAMI TRL E#700 NAPLES FL 34112--574 Account AD# Net Amount Tax Amount Total Amount Payment Method Payment Amount Amount Due 1303804 0005577945 $500.50 $0.00 $500.50 Invoice $0.00 $500.50 Sales Rep: FGrade Order Taker: FGrade Order Created 01/30/2023 Product #Ins Column Agate Lines Start Date End Date NDN-Naples Daily News 1 1.00 143 02/01/2023 02/01/2023 NDN-naplesnews.com 1 1.00 143 02/01/2023 02/01/2023 *ALL TRANSACTIONS CONSIDERED PAID IN FULL UPON CLEARANCE OF FINANCIAL INSTITUTION 9C Text of Ad: 01/30/2023 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) on February 14, 2023, in the Board of County Commission- ers Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples, FL, to consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M.The ti- tle of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMIS- SIONERS OF COLLIER COUNTY, FLORIDA, PROHIBITING MEDICAL MARIJUANA TREAT- MENT CENTER DISPENSING FACILITIES FROM ESTABLISH- ING OR LOCATING WITHIN UNINCORPORATED COLLIER COUNTY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND OR- DINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. A copy of the proposed Ordi- nance is on file with the Clerk to the Board and is 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 Manager prior to presenta- tion of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on be- half of an organization or group is encouraged. If recog- 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 writ- ten or graphic materials in- cluded in the Board agenda packets must submit said ma- terial a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be con- sidered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a perma- nent part of the record. As part of an ongoing initia- tive to encourage public in- volvement, the public will have the opportunity to pro- vide public comments remote- ly, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.collie rcountyfl.gov/visitors/calendar- of-events after the agenda is posted on the County website. Registration should be done in advance of the ublic meeting, or any dead- line specified within the pub- lic meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in tnis meeting. rcemote partici- pation is provided as a courte- sy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meet- ing, please call Geoffrey Willig at 252-8369 or email to Geoffr ey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verba- tim 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 dis- ability who needs any accom- modation in order to partici- pate in this proceeding, you are entitled, at no cost to you, to the provision of certain as- sistance. Please contact the Collier County Facilities Man- agement Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. As- sisted listening devices for the hearing impaired are availa- ble in the Board of County Commissioners Office. BOARD OF COUNTY COMMIS- SIONERS COLLIER COUNTY,FLORIDA RICK LoCASTRO,CHAIRMAN CRYSTAL K.KINZEL,CLERK By: Martha Vergara, Deputy Clerk (SEAL) Pub:Feb. 1,2023#5577945 9C Martha S. Vergara From: Martha S.Vergara Sent: Monday, January 30, 2023 2:11 PM To: 'Gannett Legals Public Notices 4' Subject: RE: 5577945 - Ord. Prohibiting Marijuana Dispensaries in Collier County(BCC 2/14/2023) Hello Forrest, This ad has been reviewed and approved. Please proceed with publishing as requested. Thanks, Martha From:Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com> Sent: Monday,January 30, 2023 11:33 AM To: Martha S.Vergara <Martha.Vergara@collierclerk.com> Subject: RE: 5577945-Ord. Prohibiting Marijuana Dispensaries in Collier County(BCC 2/14/2023) External Message: Please use caution when opening attachments,clicking links, or replying to this message. Hello, Your notice is scheduled to run on 2/1 in the Daily News. The total cost is$500.50, which includes an affidavit that will be mailed to you after the final run date. An order confirmation containing a proof of the notice is attached for your review. Thank you, Forrest Grade Public Notice Representative * L. USA TODAY 0 NETWORK Office:844-254-5287 From: Martha S.Vergara <Martha.Vergara@collierclerk.com> Sent: Monday,January 30, 2023 9:49 AM To: NDN-Legals<legals@naplesnews.com> Subject: 5577945-Ord. Prohibiting Marijuana Dispensaries in Collier County(BCC 2/14/2023) Importance: High Hello, 1 9C Please advertise the following attached on Wednesday, February 1, 2023. The advertisement can be placed in that portion of the newspaper where classified advertisements appear. Please forward an ok when received, if you have any questions feel free to call. Thanks, Martha Vergara BMR&VAB Senior Deputy Clerk `gC0TCOU, . Office: 239-252-7240 c� c Fax: 239-252-8408 73 E-mail: martha.vergara@CollierClerk.com aa Office of the Clerk of the Circuit Court � & Comptroller of Collier County 3299 Tamiami Trail E, Suite #401 ' (bum-0 b m - � Naples, FL 34112 www.CollierClerk.com This electronic communication contains information intended solely for the named addressee(s). If you have received this communication in error, please forward the email in its entirety to the Clerk's Office at coliierclerk@collierclerk.com and delete the email. Under Florida Law, email addresses are public. 2 9C Martha S. Vergara From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Monday, January 30, 2023 2:02 PM To: Martha S.Vergara; Minutes and Records Cc: AlthouseTammy Subject: proof approval: Ord. Prohibiting Marijuana Dispensaries in Collier County(BCC 2/14/2023) Attachments: OrderConf.pdf Martha, Attorney approval is below, no staff or applicant on this one. Thank you, Wanda Rodriguez, ACT, CPN1 Office of the County Attorney (239) 252-8400 o RTINI0 • s5.. ACP p (vim RORY BM Program 1iVWGR1rW1111 SINCE - - Cc rifled Piblic M.inaFcr From: KlatzkowJeff<Jeff.Klatzkow@colliercountyfl.gov> Sent: Monday,January 30, 2023 1:11 PM To: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Subject: RE: ad proof for approval: Ord. Prohibiting Marijuana Dispensaries in Collier County(BCC 2/14/2023) Approved, and thank you. Jeffrey A. Klatzkow Collier County Attorney (239) 252-2614 From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Monday,January 30, 2023 11:48 AM To: KlatzkowJeff<Jeff.Klatzkow@colliercountyfl.gov> Subject: ad proof for approval: Ord. Prohibiting Marijuana Dispensaries in Collier County(BCC 2/14/2023) Jeff, For your approval. The ordinance title is correct. Wanda Rodriguez, ACT, CTM i Office of the County .attorney 9C (239) 252-840o �Ear.�rr't, T l R t 1 MAY gariG ACP y programSNil 1161).11 s r2 o 0 5C E GI��W�VI111 From: Martha S.Vergara <Martha.Vergara@collierclerk.com> Sent: Monday,January 30, 2023 11:44 AM To: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Subject: Ord. Prohibiting Marijuana Dispensaries in Collier County (BCC 2/14/2023) EXTERNAL EMAIL:This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hi Wandallill I used the Comp Planning account U. Please see the attached ad proof for the referenced. Let me know of any changes required. Thanks, Martha Vergara BMR &VAB Senior Deputy Clerk `„,„1.1 r Office: 239-252-7240 Fax: 239-252-8408 s z E-mail: martha.vergara@CollierClerk.com Office of the Clerk of the Circuit Court * * & Comptroller of Collier County 'b 3299 Tamiami Trail E, Suite #401 Naples, FL 34112 www.CollierClerk.com This electronic communication contains information intended solely for the named addressee(s). If you have received this communication in error, please forward the email in its entirety to the Clerk's Office at collierclerk@collierclerk.com and delete the email. Under Florida Law, email addresses are public. 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. 2 9C Nap1ri B aiLa ;rws PART OF THE USA TODAY NETWORK BCC COMPREHENSIVE PL 3299 TAMIAMI TRL E#700 NAPLES FL 34112--574 Account AD# Net Amount Tax Amount Total Amount Payment Method Payment Amount Amount Due 1303804 0005577945 $0.00 $500.50 Invoice $0.00 $500.50 $500.50 Sales Rep: FGrade Order Taker: FGrade Order Created 01/30/2023 Product #Ins Column Agate Lines Start Date End Date NDN-Naples Daily News 1 1.00 143 02/01/2023 02/01/2023 NDN-naplesnews.com 1 1.00 143 02/01/2023 02/01/2023 *ALL TRANSACTIONS CONSIDERED PAID IN FULL UPON CLEARANCE OF FINANCIAL INSTITUTION 9C Text of Ad: 01/30/2023 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) on February 14, 2023, in the Board of County Commission- ers Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples, FL, to consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M.The ti- tle of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMIS- SIONERS OF COLLIER COUNTY, FLORIDA, PROHIBITING MEDICAL MARIJUANA TREAT- MENT CENTER DISPENSING FACILITIES FROM ESTABLISH- ING OR LOCATING WITHIN UNINCORPORATED COLLIER COUNTY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND OR- DINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. A copy of the proposed Ordi- nance is on file with the Clerk to the Board and is 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 Manager prior to presenta- tion of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on be- half of an organization or group is encouraged. If recog- 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 writ- ten or graphic materials in- cluded in the Board agenda packets must submit said ma- terial a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be con- sidered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a perma- nent part of the record. As part of an ongoing initia- tive to encourage public in- volvement, the public will have the opportunity to pro- vide public comments remote- ly, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.collie rcountyfl.gov/visitors/calendar- of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any dead- line specified within the pub- lic meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in tnis meeting. nemote paruci- 9 C pation is provided as a courte- sy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meet- ing, please call Geoffrey Willig at 252-8369 or email to Geoffr ey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verba- tim 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 dis- ability who needs any accom- modation in order to partici- pate in this proceeding, you are entitled, at no cost to you, to the provision of certain as- sistance. Please contact the Collier County Facilities Man- agement Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. As- sisted listening devices for the hearing impaired are availa- ble in the Board of County Commissioners Office. BOARD OF COUNTY COMMIS- SIONERS COLLIER COUNTY,FLORIDA RICK LoCASTRO,CHAIRMAN CRYSTAL K. KINZEL,CLERK By: Martha Vergara, Deputy Clerk (SEAL) Pub:Feb. 1,2023#5577945 9C 4 * 4i PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 BCC COMPREHENSIVE PL ANNING DEV 3299 TAMIAMI TRL E#700 NAPLES,FL 34112-5749 Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared said legal clerk who on oath says that he/she serves as Legal Clerk 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 was published in said newspaper on dates listed. 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 one 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,or corporation any discount, rebate,commission or refund for the purpose of securing this advertisement for publication in said newspaper issue(s)dated or by publication on the newspaper's website,if authorized,on Issue(s)dated:02/01/2023 Subscribed and sworn to before on February 21,2023: //.171((.1 Notary,State of WI,County of Brown 1' 7-6( My commission expires Publication Cost:$500.50 KATHLEEN ALLEN Ad No:0005577945 Notary Public Customer No:1303804 State of Wisconsin PO#: 4500220658 #of Affidavits: 1 This is not an invoice 9C NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) on February 14, 2023, in the Board of County Commission- ers Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples, FL, to consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M.The ti- tle of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMIS- SIONERS OF COLLIER COUNTY, FLORIDA, PROHIBITING MEDICAL MARIJUANA TREAT- MENT CENTER DISPENSING FACILITIES FROM ESTABLISH- ING OR LOCATING WITHIN UNINCORPORATED COLLIER COUNTY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND OR- DINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. A copy of the proposed Ordi- nance is on file with the Clerk to the Board and is 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 Manager prior to presenta- tion of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on be- half of an organization or group is encouraged. If recog- 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 writ- ten or graphic materials in- cluded in the Board agenda packets must submit said ma- terial a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be con- sidered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a perma- nent part of the record. As part of an ongoing initia- tive to encourage public in- volvement, the public will have the opportunity to pro- vide public comments remote- ly,as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.collie rcountyfl.gov/visitors/calendar- of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any dead- ne specified within the pub- lic meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote partici- pation is provided as a courte- sy and is at the user's risk.The County is not responsible for tprhniral icciiac For additional C information about the meet- ing, please call Geoffrey Willig at 252-8369 or email to Geoffr ey.Willigecolliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verba- tim 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 dis- ability who needs any accom- modation in order to partici- pate in this proceeding, you are entitled, at no cost to you, to the provision of certain as- sistance. Please contact the Collier County Facilities Man- agement Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. As- sisted listening devices for the hearing impaired are availa- ble in the Board of County Commissioners Office. BOARD OF COUNTY COMMIS- SIONERS COLLIER COUNTY,FLORIDA RICK LoCASTRO,CHAIRMAN CRYSTAL K.KINZEL,CLERK By: Martha Vergara, Deputy Clerk (SEAL) Pub:Feb.1,2023#5577945 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 9 Ci TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ** ROUTING SLIP** Complete routing lines#1 through#2 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 routing_lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 3. County Attorney Office County Attorney Office JAK 2/14/23 4. BCC Office Board of County Commissioners �L 1, (4 1113/Z 3 5. Minutes and Records Clerk of Court's Office 94.4 .2 /61;3 /i2:taili PRIMARY CONTACT INFORMATION 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 may need to contact staff for additional or missing information. Name of Primary Staff Wanda Rodriguez,ACP Phone Number 252-8123 Contact/Department Office of the County Attorney Agenda Date Item was 2/14/23 Agenda Item Number 9C Approved by the BCC Type of Document(s) Ordinance prohibiting marijuana dispensaries Number of Original one Attached in unincorporated Collier County Documents Attached PO number or account N/A 15 number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature(instead of stamp)? N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legality. (All documents to be signed by JAK the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney.) 4. All handwritten strike-through and revisions have been initialed by the County Attorney N/A Office and all other parties except the BCC Chairman and the Clerk to the Board. 5. 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. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAK signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is uploaded to the agenda. 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! 8. The document was approved by the BCC on 2/14/23 and all changes made during the JAK N/A is not meeting have been incorporated in the attached document. The County Attorney an option for Office has reviewed the changes, if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the 11 N/A is not BCC, all changes directed by the BCC have been made, and the document is ready for the an option for Chairman's signature. this line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04;Revised 1.26.05;2.24.05; 11/30/12;4/22/16;9/10/21 9C ORDINANCE NO. 2023 -i 5 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PROHIBITING MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITIES FROM ESTABLISHING OR LOCATING WITHIN UNINCORPORATED COLLIER COUNTY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Art. X, §29, Fla. Const., entitled "Medical Marijuana production, possession and use," was passed by electors of Florida in November 2016, which amended the Florida Constitution to allow the use of marijuana in certain medical applications; and WHEREAS, Art. X, §29, Fla. Const. defines Medical Marijuana Treatment Centers to mean an entity that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers,transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana,related supplies, or educational materials to qualifying patients or their caregivers and is registered by the Department of Health or its successor agency; and WHEREAS, On June 23, 2017, Senate Bill 8-A,relating to the medical use of marijuana,was signed into law, implementing the provisions of Art. X, §29, Fla. Const. and substantially amending Section 381.986, Florida Statutes,which provides in relevant part that"a county or municipality may, by ordinance, ban medical marijuana treatment center dispensing facilities from being located within the boundaries of that county or municipality;" and WHEREAS, Pursuant to the authority provided to counties in Section 381.986(11), Florida Statutes, the Board desires to enact such a ban prohibiting medical marijuana treatment centers from establishing or locating medical marijuana dispensing facilities within unincorporated Collier County; and WHEREAS, the Board finds this Ordinance is in the best interest of the public's health, safety, and welfare. 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"Prohibition of Medical Marijuana Dispensing Facilities" Ordinance. [23-BCC-01000/1767168/1 9C SECTION TWO: Purpose and Intent The purpose of this Ordinance is to prohibit medical marijuana treatment center dispensing facilities from establishing or locating within unincorporated Collier County. SECTION THREE: Findings Pursuant to the authority granted to counties in Section 381.986(11), Florida Statutes, the Board finds that a ban on the establishment or location of medical marijuana treatment center dispensing facilities within unincorporated Collier County is in the best interest of the County. SECTION FOUR: Prohibition of Medical Marijuana Dispensing Facilities (a) Prohibition. Medical marijuana treatment center dispensing facilities are prohibited and shall not be established or located within unincorporated Collier County. (b) Interpretation. This section and the terms used herein shall be interpreted in accordance with the Florida Constitution, Florida Statutes, and the Florida Administrative Code. SECTION FIVE: Penalties All violations of this Ordinance may be processed according to the Collier County Consolidated Code Enforcement Ordinance (Ord. No. 2010-04, as amended) and per provisions of Parts I or II of Chapter 162, Florida Statutes, as may be applicable. A law enforcement official or code enforcement officer is specifically authorized to issue a citation for each violation. Each day of any such violation shall constitute a separate and distinct offense. The County may also enforce this Ordinance by action in equity, including injunctive or declaratory relief, in the appropriate court of competent jurisdiction. SECTION SIX: Applicability. This Ordinance shall apply to, and be enforced in, all unincorporated areas of Collier County, Florida. SECTION SEVEN: Conflict and Severability In the event this Ordinance conflicts with any other ordinance of Collier County or other appliable 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 EIGHT: Inclusion in the Code of Laws and Ordinances The provisions of this Ordinance shall become and be made part of the Code of Laws and Ordinances of Collier County,Florida.The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. [23-BCC-01000/1767168/11 9C SECTION NINE: Effective Date This Ordinance shall become effective upon filing with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this /y h.,day of `1 jt j ) 2023. ATTEST: n^!,?'n. BOARD OF COUNTY COMMISSIONERS ''CRYSTAL, INZ 1:.;'CI,,ERK COLLIER COUNTY, FLORIDA By: :1 By: (---.207' De�aut�.0 Rick LoCastro, Chairman Attest asap Ehaanna0 sicrature anW'' Approve„ a; t i -•, and legality: Jeffrey A.T at ow, County Attorney This ordinance filed with the Secretary of State's Office the lliltday of WW1, 2OL? and acknowledgernerit off that !in fi received �2 t 11 clay 9C - ,,,,„ix,,, .: t ot ,,_,,,:_, ....7. .,.„,„, , FLORIDA DEPARTMENT Of STATE RON DESANTIS CORD BYRD Governor Secretary of State February 17, 2023 Martha 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, FL 34112 Dear Martha Vergara, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of the Collier County Ordinance No. 2023-15, which was filed in this office on February 17, 2023. 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