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Agenda 09/11/2012 Item #17D9/11/2012 Item 17.D. EXECUTIVE SUMMARY Recommendation to adopt an ordinance repealing an unnumbered ordinance codified as Sec. 78 -28 (Sale of canned goods) in the Code of Laws and Ordinances of Collier County. OBJECTIVE: That the Board of County Commissioners (Board) repeals an unnumbered ordinance codified as Sec. 78 -28 (Sale of canned goods) in the Code of Laws and Ordinances of Collier County. CONSIDERATIONS: As part of the County Attorney's approved Action Plan, the County Attorney's Office is conducting a complete review of the Collier County Code of Laws and Ordinances to identify and correct inconsistencies that may have resulted from years of revision and ensure that the Ordinances are not in conflict with current State or Federal law. This is part of a series of Executive Summaries that will be coming to the Board. Prior to the 1968 Florida Constitution Revision, which granted counties home rule power, all municipal powers were dependent upon a specific delegation of authority by the legislature in a general law or by special act. As codified by the Municipal Code Corporation, State legislation in 1963 and 1965 (Laws of Fla. Ch. 63 -581, Sec. 1 and Ch. 65 -1026, Sec. 1) created the following local law in Collier County: "Sec. 78 -28. - Sale of canned goods. The division of corrections is authorized to sell canned goods to jails and stockades in the county." The act codified in the above section was repealed as a state act and assumed ordinance status pursuant to Laws of Fla. Ch. 71 -29. The County Attorney knows of no purpose to be served by retaining this 49 -year old piece of legislation as a County ordinance. At its July 24, 2012 regular meeting, the Board authorized the County Attorney to advertise the proposed Ordinance for future consideration. FISCAL IMPACT: The cost of advertising the Ordinance was approximately $54.00 and was paid from the County Attorney's budget. GROWTH MANAGEMENT PLAN (GMP) IMPACT: None. LEGAL CONSIDERATIONS: The proposed Ordinance was prepared by the County Attorney, is legally sufficient, and requires majority vote for Board approval. —JAK RECOMMENDATION: That the Board of County Commissioners adopts the attached Ordinance repealing in its entirety an unnumbered ordinance codified as Sec. 78 -28 (Sale of canned goods) in the Code of Laws and Ordinances of Collier County. PREPARED BY: Jeffrey A. Klatzkow, County Attorney Packet Page -4180- 9/11/2012 Item 17.D. COLLIER COUNTY Board of County Commissioners Item Number: 17.D. Item Summary: Recommendation to adopt an ordinance repealing an unnumbered ordinance codified as Sec. 78 -28 (Sale of canned goods) in the Code of Laws and Ordinances of Collier County. Meeting Date: 9/11/2012 Prepared By Name: CrotteauKathynell Title: Legal Secretary,County Attorney 8/15/2012 4:03:02 PM Approved By Name: GreenwaldRandy Title: Management /Budget Analyst,Office of Management & B Date: 8/15/2012 4:20:00 PM Name: KlatzkowJeff Title: County Attorney Date: 8/23/2012 10:57:07 AM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 8/31/2012 9:06:57 AM Packet Page -4181- 9/11/2012 Item 17.D. ORDINANCE NO. 2012 - AN ORDINANCE REPEALING SEC. 78 -28 OF THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY (SALE OF CANNED GOODS); PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ch. 63 -581, Sec. 1, Laws of Florida and Ch. 65 -1026, Sec, 1, Laws of Florida, created a local law in Collier County authorizing the Division of Corrections to sell canned goods to County jails and stockades; and WHEREAS, this Act, codified as Sec. 78 -28 in the Code of Laws and Ordinances of Collier County by the Municipal Code Corporation, provides as follows: "Sec, 78 -28. Sale of canned goods. The division of corrections is authorized to sell canned goods to jails and stockades in the county;" and WHEREAS, pursuant to Ch. 71 -29, Laws of Florida, this provision was repealed as a State of Florida Act and assumed status as a local ordinance; and WHEREAS, the Board of County Commissioners desires to repeal this ordinance in its entirety as serving no present public purpose. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that; SECTION ONE: Repeal of Sec. 78 -28, Collier County Code of Laws and Ordinances. Sec. 78 -28 of the Code of Laws and Ordinances of Collier County (Sale of canned goods) is hereby repealed in its entirety. SECTION TWO: 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 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. 1 of 2 Packet Page -4182- ..,� ... .,�,�,.�.... aa�,,.ry .. �vmc •«- �. _� .max, 1 �... . s...,,.._, 9/11/2012 Item 17.D. 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 take effect upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of 2012. ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk Approved as to form and llgal�suffi4ncy; Jeffrey A. Klatzkow County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN 2 of 2 Packet Page -4183- 9/11/2012 Item 17.D. CHAPTER 63 -581 LAWS OF FLORIDA than tvr CHAPTER 63 -580 twenty -C SENATE BILL NO. 830 sand sev AN ACT relating to distribution of race track money in any county (38,000); of the state having a population of not less than six thousand eight than fift, hundred (6,800) nor more than seven thousand four hundred two hurnl (7,400) according to the latest official decennial census• providing sixty the an effective date. hundred (9,400), Be It Enacted by the Legislature of the State of Florida: in- the d Section 1. In any county of the state having a population of rooms, y not less than six thousand eight hundred (6,800) nor more than date. seven thousand four hundred (7,400) according to the latest official Be It Enac decennial 1 ce nsus two thousand five hundred dollar s 2 50 .0 ($ ' 0 0) Section per year shall be allocated and appropriated to the county planning less than t• and development commission of such county from the race track funds accruing to such county. This allocation shall be in addition two thous to any other funds now being received by the county planning and five thous-, hundr development commission in the county. (7,501 Section 2. This act shall take effect immediately upon becoming less than "t a law. thousand Became a Iaw without the Governor's approval. seven hun Filed in Office Secretary of State July 10, 1963. dred (12,3 (12,380) z of not less CHAPTER 63 -581 thousand SENATE BILL NO. 1102 (20,500) r. than thirl AN ACT relating to all counties of the state having a population thirty -eigl of not less than two thousand eight hundred seventy (2,870) nor (52,000) r more than two thousand nine hundred twenty -five (2,925); of not of not less less than five thousand eight hundred (5,800) nor more than six hundred thousand one hundred (6,100); of not less than seven thousand sand thre, five hundred (7,500) nor more than nine thousand one hundred hundred (9,100) ; of not less than ten thousand four hundred (10,400) nor the divisi more than eleven thousand four hundred (11,400) ; of not less school lui than eleven thousand seven hundred (11,700) nor more than Section twelve thousand three hundred (12,300); of not less than twelve a law. thousand three hundred eighty (12,380) nor more than sixteen thousand four hundred (16,400); of not less than seventeen thou- BecamE ;''` sand (17,000) nor more than twenty thousand (20,000) ; of not less Filed it 8 Packet Page -4184- 9/11/2012 Item 17.D. Packet Page -4185- LAWS OF FLORIDA CHAPTER 63 -581 than twenty thousand five hundred (20,500) nor more than (23,000); of not less than thirty -six thou- twenty -three thousand sand seven hundred (36,700) nor more than thirty -eight thousand (38,000); of not less than fifty-two thousand (52,000) nor more 'y than fifty -four thousand eight hundred (54,800); of not less than it two hundred thousand (200,000) nor more than two hundred and 'd sixty thousand (260,000), of not less than eight thousand three than nine thousand four hundred a hundred (8,300) and not more (9,400), according to the latest official decennial census; authoriz- mg the division of corrections to sell canned goods to school lunch - rooms, jails and stockades in such counties; providing an effective Jf date. n �1 Be It Enacted by the Legislature. of the State of Florida: �) Section 1. In all counties of the state having a population of not (2,870) nor more than g k less than two thousand eight hundred seventy thousand nine hundred twenty -five (2,925); of not less than n two five thousand eight hundred (5,800) nor more than six thousand one d hundred (6,100); of not less than seven thousand five hundred than nine thousand one hundred (9,100) ; of not (7,500) nor more less than ten thousand four hundred (10,400) nor more than eleven g thousand four hundred (11,400); of not less than eleven thousand seven hundred (11,700) nor more than twelve thousand three hun- dred (12;300); of not less than twelve thousand three hundred eighty (12,380) nor more than sixteen thousand four hundred (16,400); thousand (17,000) nor more than twenty of not less than seventeen thousand (20,000); of not less than twenty thousand five hundred (20,500) nor more than twenty -three thousand (23,000); of not less than thirty -six thousand seven hundred (36,700) nor more than of not less than fifty -two thousand n thirty -eight thousand (38,000); (52,000) nor more than fifty -four thousand eight hundred (54,800); r of not less than two hundred thousand (200,000) nor more than two it K s. hundred and sixty thousand (260,000), of not less than eight thou- and not more than nine thousand four sand three hundred (8,300) hundred (9,400) according to the latest official decennial census, 3 , the division of corrections is authorized to sell canned goods to r school lunchrooms, jails and stockades in such counties, s Section 2. This act shall take effect immediately upon becoming e a a law. Became a law without the Governor's approval. - Filed in Office Secretary of State July 10,1963. Packet Page -4185- 9/11/2012 Item 17.D. Z4D )). Wednesday, August 29, 2012 )) N A P L E S D A I LY N E W S NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that on September 11, 2D12 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider . the enactment of the following County Ordinances. The meeting will commence at 9:00 A.M. The titles of the proposed Ordinances are as follows: ; AN ORDINANCE REPEALING SEC. '46 -5 OF THE CODE OF LAWS AND ORDINANCES OF - COLLIER COUNTY (FEE FOR ALIMONY :PAYMENTS AND COLLECTION); PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. AN .ORDINANCE REPEALING SEC. 78 -28 OF THE CODE OF LAWS AND ORDINANCES OF "COLLIER COUNTY (SALE OF CANNED GOODS); PROVIDING FOR INCLUSION IN THE CODE 'OF .LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE REPEALING SEC. 98 -1 OF THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY '(EXPENDITURES FOR LIGHTING); PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE: AN ORDINANCE REPEALING SEC, 2 -1 OF THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY (PURCHASES FROM STATE DIVISION OF CORRECTIONS); PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE .REPEALING .SEC. 2 -26 OF THE CODE. OF LAWS AND ORDINANCES OF COLLIER COUNTY (FRANCHISES GENERALLY); PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinances are on file with the Clerk to the Board and are 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 administrator prior to presentation of the agenda item to be addressed. Individual speakers wilf be limited to 3 minutes on any item. 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. 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 L Collier County Facilities Management Department, located at 3335.Tamiami Trail East, Building W, Naples, Florida 34112, {239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) Auo ,c -7012 No 19LUU J Packet Page -4186- E