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Ordinance 72-07 ITATI' Or ?ALLAHAIII'1' October 20, 1972 Mr. Ben D. Driver Fiscal Officer Board of County Commissioners Collier County Naples, Florida 33940 Dear Mr. Driver: Pursuant to the provisions of Section 125, 66, Florida Statutes, this will acknowledge your letter of October 18 and t%vo executed copies of Collier County Emergency Ordinance No. 72-7, which was received in this office on October 20, 1972. The extra copy showing the filing date is being returned for your records. Kindest regards. Cordially, NK/mc Enclosure RICHARD (DICK) STONE Secremry of State (Mrs.) Nancy Kavanaugh Acting Chief, Bureau o~La~ BOOK 1 PAGE 153.A NO. 72-7 A TEMPORARY EMERGENCY COLLIER COUNTY ORDINANgE AF~INDING ORDINANCE NO. ?2-6 BY'PROHIBITING THE TRANSPORTATION OF COCONUT PALM TREES AND REGULATING ~{E TRANSPORTATION OF OTHER NURSERY PLANT MATERIAL TO OR THROUGH COLLIER COUNTY, FLORIDA FROM OR THROUGH MONROE, DADE, OR BROWARD COUNTY. FLORIDA; PROVIDING FOR APPEAL, PROVI~ING FOR EFFECTIVE DATE. WHEREAS, there exists a,virus within Southeast Florida that suddenly kills Coconut Palm trees that has infected sig- nificant numbers of such trees throughout Dads County, Florida, and Eastern Monroe County and is now continuing to spread to other trees and nursery plants, and ~HEREAS, the Coconut Palm trees and other plant matter of ~similar nature are a valuable asset to Collier County, its in- dustry, citizens, residents, and visitors, and WHEREAS, this disease is known to spread in epidemic pro- portions to devastate approximately 75% of the Coconut Palms in an area and there is no known cure, and WHEREAS, this virus or disease known as "Lethal Yellowing" and its infestation of trees and nursery plants and plant mater- ials is not detectable by normal means, and WHEREAS, this virus or disease is transmitted or vectored from one palm or other plant material to another by insects or otherwise, and as yet no such infestation is identified as pre- sent in Collier County, WHEREFORE EASED UPON FACTS PRESENTED TO THIS BOm ~ :IT' "" / 1. it shall b. la.f for p.rson to nut Palm (Cocos Nucifera) plants or materials to be transported from, or through: Monroe, Dade, or Broward Counties into or through Collier County, Florida except seed material certi- fied as having originated in Jamaica. 2. It shall be unlawful for any person to'cause any plant material to be transported from or through: Monroe, Dade, or Broward Counties into or through Collier County, Florida, except plant materials accompanied by a bill of lad- ing containing a State of Florida Department of Plant Industry inspection certificate number. Such plants to be excepted must be certified by the holder of the certificate to be free of pests with piercing, sucking, or rasping mouth parts including leaf hoppers, aphids, white flies, and various species of scale. 3. Any person, firm or corporation agrieved by this Ordi- nance shall file an appeal, with the Collier County Agricultural Agent, to the Board of County Commissioners with a request list- ing the quantity and species of plants, points of origin and destination, time, route, means and vehicle license number of and by which plants are proposed to be ~ansported in controven- tion of this ordinance, and precautions against spread of "Lethal Yellowing" taken. BECTION II~: Ordinance No. 72-6 be and is hereby amended by substituting. the language of Section I hereinabove for Section I thereof. SECTION III. : The County Agricultural Agent is hereby instructed to con- tinue to accumulate and analyze current information and continue to inform this Board of facts that Justify cancellation or ex- tension of this Ordinance and to refer any appeals and requests to this Board. SECTION IV. : The Clerk is instructed to forward a certified copy of this Ordinance duly executed to the Department of State as soon as practicable by United States Registerdd Mail Special Delivery; and to cause the Title and Sections I and VI hereof to be published. SECTION V. : Should any word, phrase, clause or section of this Ordi- nance be held invalid it shall be severed and shall not in- validate any other word, phrase, clause or section. SECTION VI. : Should this Ordinance conflict with other law the more restrictive shall apply. SECTION VII. : Be it declared that an emergency exists and the immediate enactment of this Ordinance is necessary, therefore, notice re- quirements are waived and this Ordinance shall take effect im- mediately upon mailing to the Secretary of State, until April 10, 1973, or such other date as later established by Ordinance. DONE this _ l~th day of October, 1972. UNANIMOUSLY ORDAINED BY THE ~OARD OF COUNTY COMMISSIONEP~ COLLIER COUNTY, FLORIDA. ATTEST: ",,,,,..,,,".d:/q