Ordinance 88-043ORDINANCE NO. 88- 4~
AN ORDINANCE REPEALING ORDINANCE NO. 81-53
.?~ WHICH PROHIBITED SMOKING IN CERTAIN PUBLIC ' ~ c~
'J~ :J' PLACES OR PORTIONS THEREOF; PROVIDING FOR rq~ ~
d~ .~'!~'~ IMPLEMENTATION OF CHAPTER 386, FLORIDA ~=~ ~ ~
~ ~ ~'STATUTES, PROVIDING FOR CONFLICT AND ~ ~
~ ~J~SE~BILITY; PROVIDING AN EFFECTIVE DATE. ~ ~ ~
Count, Florida, adopted Ordinance No. 81-53 on Septe~ 2~
1981, prohibiting smoking in certain publio places or portions
thereof; and
WHE~S, Chapter 85-257, Laws of Florida, established the
"Florida Clean Indoor Air Act" which expressly preempts
regulation of smoking to the state an~ supercedes any municipal
or county ordinance on the subject; and
WHE~AS, the Board of County Co~issioners finds it to be in
the best interest of the citizens of Collier County to implement
Chapter 386, Florida Statutes, as it applies to gover~ent
buildings; and
WHE~AS, the Board of County Co~issioners finds it
necessary and appropriate to repeal Ordinance No. 81-53;
NOW, THE~FO~, BE IT O~AINED BY THE BOARD OF COUNTY
CO}~ISSIONERS OF COLLIER CO~TY, F~RIDA, that:
SECTION ONE: Implementation of the "Florida Clean Indoor Air Act".
The "Florida Clean Indoor Air Act", Chapter 386, Florida
Statutes, is hereby adopted for all government buildings within
Collier County.
SECTION ~O~ Repeal of Ordinance No. 81-53.
Collier County Ordinance No. 81-53, which prohibited smoking
in certain public places or portions thereof iS hereby repealed
in its entirety.
SECTION TM~E~ Conflict and Suverability.
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.
S~CTION FOUR= Effective Date.
This Ordinance shall become effective upon receipt of notice
from the Secretary of State that this Ordinance has been filed
with the S~cretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, thin'day of ~ , 1988.
ATTEST:
JAMES C. GILES, Clerk
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.'~ Apg.~%ved. a~.~to form %.1 ega L': sUf.~ctency ~
·
County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
ARNOLD LEE GLASS, Chairman
This ordinance filed wlth ~
dl~ta~/ of State's Office_the.
Qncl ocknowledgend'nt of that
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STATE OF FLORIDA )
COUNTY OF COLLIER )
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
Ordinance No. 88-43
which was adopted by the Board of County Commissioners on the
26th day of April, 1988, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 26th
day of April, 1988,
JAMES C. GILES
Clerk of Courts and Clerk
Ex-officio to Board of
Count mmissioners
By: Virginia Magri
Deputy Clerk
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