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Ordinance 2011-31 ~J lv' "" 4~ <:," 'J ~~, ~ ~~ <&'~) ORDINANCE NO. 2011-..2..L ~<v ~ 0. A~~ ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF C'6'C'~. ~tiLLIER COUNTY, FLORIDA, REPEALING ORDINANCE NO':c7Q-IO~ C'~2'9?:9"l"t1't AS AMENDED, ORDINANCE NO. 80-24, ORDINANCE NO. 79-IV2F A~ AMENDED, ORDINANCE NO. 76-61, AS AMENDED, AND ORDIN~CF8 NO. 82-77, ALL RELATING TO THE POSSESSION AND/OR I c.n ~. ~ DISCHARGE OF FIREARMS, WHICH ARE CODIFIED IN CHAPTER 94, ARTICLE III, DIVISION 2 OF THE COLLIER COUNTY CODE OF L-A WS~~': AND ORDINANCES, IN ORDER TO COMPLY WITH AMENDM:~NTS;~? TO SECTION 790.33, FLORIDA STATUTES, WHICH PREEMPTS~:rHE:":~ WHOLE FIELD OF FIREARMS AND AMMUNITION REGULATION TO THE STATE OF FLORIDA; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LA WS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 1,2011. ~n ~ : _~",r WHEREAS, during the 20 II 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, 20 II; 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70-10, codified as Sec. 94-61 of the Collier County Code of Laws and Ordinances, and all amendments thereto, is hereby repealed in its entirety.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 I of3 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 Ordinance No. 80-24, codified as Sec. 94-62 of the Collier County Code of Laws and Ordinances, is hereby repealed in its entirety.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 I, 2011. Page 2 of3 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 21~ay of~~ 20 II. ATTE~T::, " D,yVIGHT E'.-BROCK, CLERK ,," 11- '. , <.:- 1'-!~(I\,'l ~:. fl" ", ': .,' ~~:-:'!<..."..." ::'!;;;' - Bi:-;' L . ,:\t.,~t' :,-', ',~.""jlerk I .~.~ -........; ,. ., '} t..<<Urt"I. fl. f~1. ' : -;.. ,,' "f.!..' d~'" .;:/? " Approyed~..te'I9rln and lega s,' ~ Ie cy: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~W.~ By: FRED W. COYLE, CHAI N Page 3 of3 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 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 Commissi9neFS:, l ~'I.." .. . ". ; ~ \_ 4'.-', Ann J en~e';9h~ /. Deputy Cl-eT$.. .,i ) ~\~ ) . . ,~..4 .. By: '\