Agenda 09/11/2012 Item #17E9/11/2012 Item 17.E.
EXECUTIVE SUMMARY
Recommendation to adopt an Ordinance repealing an unnumbered ordinance codified as Sec.
2 -1 (Purchases from state division of corrections) in the Code of Laws and Ordinances of
Collier Countv.
OBJECTIVE: That the Board of County Commissioners (Board) repeals an unnumbered ordinance
codified as Sec. 2 -1 (Purchases from state division of corrections) 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 1965 (Laws of Fla. Ch. 65 -845,
Sec. 1) created the following local law in Collier County:
Sec. 2 -1. - Purchases from state division of corrections.
The sheriff, the board of county commissioners, or any school or public
institution or agency financed by county or municipal funds, is authorized to purchase
and the state division of corrections is authorized to sell any item, including brick,
produced, processed or manufactured.by the division not required for use therein or
for use in any institution under the supervision of the board of commissioners of state
institutions.
The Act codified in the above section was repealed as a State Act and assumed ordinance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 47 -year old piece of legislation as a County ordinance.
At its May 22, 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
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9/11/2012 Item 17.E.
RECOMMENDATION: That the Board of County Commissioners adopts the attached Ordinance
repealing in its entirety an unnumbered ordinance codified as Sec. 2 -1 (Purchases from state division
of corrections) in the Code of Laws and Ordinances of Collier County.
PREPARED BY: Jeffrey A. Klatzkow, County Attorney
2
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9/11/2012 Item 17.E.
COLLIER COUNTY
Board of County Commissioners
Item Number: 17. E.
Item Summary: Recommendation to adopt an Ordinance repealing an unnumbered
ordinance codified as Sec. 2-1 (Purchases from state division of corrections) 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 4:24:40 PM
Approved By
Name: GreenwaldRandy
Title: Management /Budget Analyst,Office of Management & B
Date: 8/16/2012 8:49:27 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 8/23/2012 11:00:25 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 8/31/2012 9:37:22 AM
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9/11/2012 Item 17.E.
ORDINANCE NO. 2012 -
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.
WHEREAS, Ch. 65 -845, Sec. 1, Laws of Florida, created a local law in Collier County
dealing with purchases from the State of Florida Division of Corrections; and
WHEREAS, this Act, codified as Sec. 2 -1 in the Code of Laws and Ordinances of
Collier County by the Municipal Code Corporation, provides as follows:
"Sec. 2 -1. - Purchases from state division of corrections.
The sheriff, the board of county commissioners, or any school or public
institution or agency financed by county or municipal funds, is authorized to
purchase and the state division of corrections is authorized to sell any item,
including brick, produced, processed or manufactured by the division not required
for use therein or for use in any institution under the supervision of the board of
commissioners of state institutions;" 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 See. 2 -1, Collier County Code of Laws and Ordinances.
Sec. 2 -1 of the Code of Laws and Ordinances of Collier County (Purchases from state
division of corrections) 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
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9/11/2012 Item 17.E.
re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
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
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approyed as to form
and legal sufitciency.
C•
Jeffrey A. latzkow
County Attorney
M
N
2012.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
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9/11 /2012 Item W.E.
CHAPTER 65 -845 LAWS OF FLORIDA
ficial decennial census; providing any such county a club
beverage license for a country club; providing for waiver
of time limit said club shall be in existence prior to issuance
of said license; providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1.. In any county in the state having a population
of not less than seven thousand eight hundred (7,800) nor more
than nine thousand one hundred (9,100) . according to the latest
official decennial census, a beverage license issued under the
authority of section 561.34 (11) , Florida Statutes, such license
being known as a club license, shall be issued to a country club.
Said country club shall not be required to be in existence any
length of time prior to the issuance of said license.
Section 2. This act shall take effect immediately upon be-
coming a law.
Became a law without the Governor's approval.
Filed in Office Secretary of State May 21, 1965.
CHAPTER 65 -845
HOUSE BILL NO. 1234
AN ACT relating to the division of corrections, sale of items
Produced, processed or manufactured by the division; au-
thorizing the sale of such items to any county or municipal
board, or agency or any district board, or the sheriff in any
county having a population of not less than fifteen thousand
seven hundred (15,700) and not more than sixteen thou-
sand four hundred (16,400), according to the latest official
decennial census.
Be It Enacted by the Legislature of the State of Florida:
Section 1. The sheriff, the board of county commissioners,
the board of public instruction or any school or other public
institution or agency financed by county or municipal funds,
and any municipality in any county of the state having a popu-
lation of not less than fifteen thousand seven hundred (15,700)
and not more than sixteen thousand four hundred (16,400),
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9/11/2012 Item 17.E.
LAWNS OF FLORIDA CHAPTER 65 -846
according to the latest official decennial census, is authorized
to purchase and the state division of corrections is authorized
to sell any item, including brick, produced, processed or manu-
factured by the division not required for use therein or for
use in any institution under the supervision of the board of
commissioners of state institutions.
Became a law without the Governor's approval.
Filed in Office Secretary of State May 21, 1965.
CHAPTER 65 -846
SENATE BILL NO. 939
AN ACT authorizing boards of county commissioners in all
counties having a population of not less than 4,500 and not
more than 4,700, and not less than 30,000 and not more than
30,200, according to the last preceding federal census, and
municipalities within said counties to regulate, prohibit and
permit operation of motor vehicles or any other vehicles
propelled by power other than muscular power on beaches
adjacent to Atlantic ocean between high and low water
marks within the confines of said counties and municipalities;
authorizing municipalities and counties to provide for penaI-
ties; repealing special and general laws in conflict; providing
effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. In all counties having a population of not less
than four thousand five hundred (4,500) nor more than
four thousand seven hundred (4,700) and not less than
thirty thousand (30,000) nor more than thirty thousand two
hundred (30,200), according to the latest official decennial cen-
sus, the boards of county commissioners of each such county
shall have authority to supervise, regulate, prohibit and per -
mit the operation of any motor vehicle or any vehicle propelled
by power other than muscular power upon, over or across
that portion of any beach adjacent to the Atlantic ocean be-
tween the high and low water marks within the confines of the
respective counties and not within the corporate limits of any
municipality.
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9/11/2012 Item 17.E.
24D )). 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 it, 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; PROVI{gNG
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 WAND 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: I All persons wishing to speak on any agenda item. must register with the
County administrator )rior to presentation of the agenda item to be addressed.
'Individual speakers wil 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 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)
r.
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