Agenda 03/08/2011 Item #16E1
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~t8/20111tem 16.E..1.
aEcu-rI~SUMf4ARY
Recommendation to awthodzethe Cepa.......... . of . FaQiJltiea Management.to
a~e and bring back for.futu...consideralonan....ndment toOrdJnanceNo.
2006..03 (the CollierCOlinty..Airport..Type Sc....ningOrdinance) that will.e~p..dthe
airport..type securjty ....rche8 to includeii!ldiYWiua. ..entering thelrnmokalee
Government CenterfCourtho..e) and the Jtm.V.,*,udd EmergencySeI"Vk:ea
Center.
OBJEcpVE: That the Board of County Commissioners (BoarQ)autflorize$an . amendment to the
Collier County Airport-Type Screel'\ingOrdinance so as to .authQrize. airport..type security searches
of individuals ~nteringthe ImmQkateeGovernment Center (Courthou$e)and the James V. Mudd
Emergency Servi.ces Center, in addition to the W.. Harmon Turner Building (Administration
Buitding) at the Main Government Complex.
CO~I"RA TI~~: Collier County Ordinal'lCe No. .200&-03 . authorizes airpQrt-typesearches of
individuals entering the W. Harmon TumerBuilding (Admil1istrationBuilding)at the'Main
Government CornpJexand limits~apons within the facility. . Staff is recommending arne~the
Ordinance to inctude . the .lmmokaJee :GovernmentC~rwhere oourt proceedings._heldand
the James V; Mudd E.mergency Services Center which houses Sheriff's.Office,aQti'llitie$.
ThelmlT;lOkalee Government Center houses a full courtroom and holding cells $ndJor y.... was
used....larly by the courts. During that time, the facility was .underajudjcialor~rthfit restrJqted
the. po888cssiclO.offireanns and other weapons. Recently, . the courts. havetimited. their use of this
facility. For this reason, staff is recommending thatOrcfinance No.2Q06.0a be amended to
inctudethis facility.. This will Jimit guns and otherprQbiQiteditems Within the confine, of this
bUilding. <AclditionaUY, the Ordinance would inctude ~~EmergencY ServicesCenterthathoU$es
theShettff'S Substation and the Sheriff's 911 Center,alongWith otheremergency$8fVices
(Emergency. Medical Services and the Emergency. OperationsCenter).. Weapon screening at this
facility WOUld .be inclucieKi in the Ordinance but Umjtedasprov~forwitbinthe County Man'ger's
Administrative (CMA) Procedures. The Sheriff's Office .hasr:evieWed thi$summary and does not
object.. The amended Ordinance allows certifiedIaWenf()rCementofftee~tobringguO$ioto the
facilities.
The applicable procedures. are part of. the County M$nager's .Administrative (CMA)Procadures
and, as a "ManW\t1 for Security Personnel, n are exemptfrompuPIic ~disclQsure in
accordilnce withsubsectiO".119. 071, FlorlQa Statutes. n Amenc:lments to.these .proceduresare the
responsibiUtyof, the Department of Facitities Management,. Government Security . Section, and the
County Manager's Office, and wiUbe adopted without~~ion.from the Board,but
subject to text approval by the County Attorney. Some elements: of. theCMA. have been
inoorporated into the Ordinance.
FISCAL ..IMP~CT:Noadditionale)(penses. areanti~pated. .. StaffwiDtJtIt.8X'istingeq~ipmen.t,
when neEtCied. The cost ofadvertisingtl1e proposed Ordinance is approximately $400.
GROWTH MAN~GEMENTIft1PA~T: Adoption of this OrcIinance will have no Growth
Management impact.
r"\ lE~ALCpNS~SRA'f}QNI: This~em has~..~ by theCounty Attorney's Office and is
legally sufficient A majorityvote is required. - STW .
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~i8/2011Item16~E.l.
REC~DAnON: . That~Boardof County Commissioners a~:the Departmentof
Facilities Management to advettiM for future con$idtrationtheattached~ent to Ordinance
No,2QOO..OS (the Collier County Airport-Type Scree~Qrdinance)that wiD~xpand airport-type
sea~to include individuajsimteringthe Immokai$eGovemment Center (COurthouse) and the
James V. Mudd Emergency Services Center.
~~D BY: Skip Camp, CFM, Director, DepartmentofFa~Management
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3j8/2011 Item 16.E.l.
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COLLIER COUNTY
Board of County Commis$i...-s
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Ite......ber: 16.E.1.
ltent.Summary: Recommendation toauthorizetheQepa~~ntCJf Facilities. Mana.n'J!l'lt
to advertise and bring b-=kforfuture.con$icJerationanil~ntto()rdinance No.<~$
(the CoRier County Ail'pQt't-Type ~eeni,ngOrdinance)that~expandtheajrport..type$eeurity
searches to include intfiVtdl.lalsief;\teringtbe Immokaleei~ove~m:ent~~(Courthou$e) and
, the James V. Mudd Emel,'JentyServices Center.
Meeting Date: ~l$12011
Prepa...- By
Nam~:Sheppard1errie
Title: A~inisU'ativeJ\.Jsiafant,Facili~Management
2/10120119:4&:57 AM
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Submitt09 by
Tillo: D~tor- FacUitiesManagement,Facilities Manage
Name: q.mpSkip
2/1012Qll 9:48:58 AM
APPt&v.-l By ,
Name:~i~sten
Title: Administrative S~otary,RiskMan~ement
Date:2/10120112:51~07PM
Name: CaatpSkip
Title: ~tor .. Faeilities~ent,FaeilitiesManage
Date: 2/14/20119:01 :03 AM
Name:WUliamsSteven
Title: Assi,stant .County A1:torrley.Co~ty Attorney
Date: 21181201110:05:05 AM
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Name: PrieeLen
Title: Ac:i.mistrator .. Admhlist.rativ.e Services,
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Date: 2/2312011 4:25:23 PM
.. ~ame: StanleyTherese
Title: ManagementJBudget.A.nalyst,$enmr,Oft'ice ofM~.~8Jldget
Date: 2/24/2011 1:43:5.8 PM
Name: KlatzkowJeff
Title; County Attorney,
Date: 2124/20112:42:02!>M
Name: SheffieldMichael .
Title: Manager~BusinessOperatiOns, CMQ
Date: 2I24/201l3:42:35>PM
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;t~8/2011Item 16.E.l.
3/8/2011 Item 16.E.1.
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ORDINANCE NO. 2011 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2006-03,
THE COLLIER COUNTY AIRPORT-TYPE SCREENING ORDINANCE,
BY EXPANDING ITS AUTHORIZATION FOR AIRPORT-TYPE
SECURITY SCREENING AND SEARCHES TO INCLUDE THE
IMMOKALEE GOVERNMENT CENTER (COURTHOUSE) AND THE
JAMES V. MUDD EMERGENCY SERVICES CENTER; PROVIDING
FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION
IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Collier County Ordinance No. 2006-03 (the Collier County Airport-Type
Screening Ordinance) a Criminal Ordinance in the context of Section 901.151, Florida Statutes
and other Florida Statutes, authorizes airport-type security searches of individuals entering the
Administration Building at the Collier County Government Complex; and
WHEREAS, the Board of County Commissioners desires to expand this authorization to
provide airport-type security searches at the Immokalee Government Center (Courthouse) and
~ the James V. Mudd Emergency Services Center.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
AMENDMENT TO SECTION ONE OF ORDINANCE NO. 2006-03.
Section One of Ordinance No. 2006-03 is hereby amended to read as follows:
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(e) This Ordinance is the Collier County Airport-type Screening Ordinance, a Criminal
Ordinance in the context of Section 910.151 901.151, Florida Statutes and other Florida Statutes.
These provisions apply only to the Collier County Administration Building (W. Harmon Turner},
the Im.mokalee Government Center. and the James V. Mudd Emergencv Services Center. The
County Manager is hereby authorized to adopt and amend Airport-type Screening Policies and
Procedures subject to text approval by the County Attorney. The County Manager and designees
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of the County Manager are hereby authorized to conduct airport-type screening at the W.
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3/8/2011 Item 16.E.1.
Harmon Turner Building. the Immokalee Government Center. and the James V. Mudd
Emergency Services Center in accordance with those Policies and Procedures, and to have a
walk-through magnetometer and x-ray machines installed and maintained at the security
entrance2 of said ,,^~dministration BQuildings to which the Collier County Sheriff and all deputies
shall not be subiect and may enter the buildings while armed; also to hire Security Personnel
subject to budgetary appropriations. As used herein "Security Personnel" means each individual
then authorized by the County Manager or by an authorized designee(s) of the County Manager
to conduct airport-type screening/searches or to administer any other provision(s) in those
Policies and Procedures, which are exempt from public records disclosure as specified in Chapter
119, Florida Statutes. Before viewing (or receiving) a copy those Policies and Procedures or any
part thereof, each such individual, including each Security Personnel, must sign a confidentiality
agreement agreeing not to disclose any of the contents of those Policies and Procedures. In
addition to all enforcement provided for in Section 125.69, Florida Statues Statutes, any
individual who violates any provision of this Ordinance, including breach of the confidentiality
agreement, shall be subject to the enforcement provisions of Section 1-6 of Collier County's
Code of Laws and Ordinances. Nothing herein shall be construed to affect any enforcement of
any federal law, rule or regulation, or any Florida Statute, Florida rule or regulation that may be
violated in the context of those Policies and Procedures.
SECTION TWO. 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 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 portions.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
This Ordinance shall be made a part of the Code of Laws and Ordinances of Collier
County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish
that result, and the word "Ordinance" may be changed to "Section," "Article," or any other
appropriate word.
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3/8/2011 Item 16.E.1.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall become effective 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 ,2011.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
FRED W. COYLE, CHAIRMAN
, Deputy Clerk
Approved as to form
and legal sufficiency:
Steven T. Williams
Assistant County Attorney
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