Agenda 04/26/2011 Item #16K4
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4/26/2011 Item 16.K.4.
EXECUTIVE SUMMARY
Authorize the County Attorney to advertise an ordinance for future consideration which
would amend Ordinance No. 76-48, as amended, which regulates the use of County parkl~
by eliminating the prohibition against the possession, transport, or discharge of a firearm
as such regulatory authority has been preempted by Section 790.33(1), Florida Statutes.
OBJECTIVE: To obtain the Board of County Commissioners (Board) approval to amend
Ordinance No. 76-48, as amended, in order to remove a provision prohibiting the possession,-
transport, or discharge of a firearm within County park boundaries since the County's ability tQ .
regulate firearms and ammunition has been preempted by Section 790.33(1), Florida Statu~,
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CONSIDERATIONS: the Board adopted Ordinance No. 76~48 to regulate the use of CoUo:
Parks, set the hours of operations, and also prohibit certain acts within park boundaries. A
subsequent amendment to Ordinance No. 76-48 incorporated the following prohibition that no
person within County park boundaries shall:
HPossess, carry and/or transport on' or about their person or discharge any
firearms, as defmed in Chapter 790.001(6), Florida Statutes, excluding duly
authorized law enforcement officers in the lawful performance of their duties."
Subsequently, the Florida Legislature enacted Section 790.33, Florida Statutes, which
provides in pertinent part:
(1) PREEJ\1PTION.-Except as expressly provided by general law, the
Legislature hereby declares that it is occupying the whole field of regulation of
firealms and ammunition, including the purchase, sale, transfer, taxation,
manufacture, ownership, possession, and transportation thereof, to the exclusion
of all existing and future county, city, town, or municipal ordinances or
regulations relating thereto. Any such existing ordinances are hereby declared null
and void. . . .
During the April 12, 2011 regular meeting (General Communications) Commissioner
Henning noted to the Board that since Section 790.33(1) preempts all existing and future county,
city, town or municipal ordinances or regulations relating to firearms and ammunition, the
County's prohibition is unenforceable. Accordingly, the Board directed the County Attorney ~
draft an ordinance eliminating this provision. The proposed ordinance simply strikes the wxn..."
County prohibition. "
As set forth in the attached, Collier County's Park signs picture a "no gun" symbol on
them, and refer to both the County Ordinance and the Florida firearms statute. Should the Board
accept this change to the ordinance, an argument could be made that this signage may cause
confusion. I am advised by staff that there are approximately 80 of these signs in the system,
with a replacement cost of $210 per sign ($16,800). Should the Board approve this item for
advertising, the proposed ordinance will come back for Board approval, with a recommendation
by staff with respect to the best way to deal with this signage issue.
Packet Page -1386-
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FISCAL IMP ACT: The cost of advertising the amending ordinance is estimated at $400.
GROWTH MANAGEMENT IMP ACT: None.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action, and require~
majority support. - JAK
RECOMMENDATION: That the Board of County Commissioners authorizes the County
Attorney to advertise an ordinance for future consideration which would amend Ordinance No.
76-48, as amended, which regulates the use of County parks, by eliminating the prohibitioo
against the possession, transport, or discharge of a firearm as such regulatory authority has be.'
preempted by Section 790.33(1), Florida Statutes. ..~
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PREPARED BY: Jeffrey A. Klatzkow, County Attorney ~r'.
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4/26/2011 Item 16.KA.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.4.
Item Summary: Authorize the County Attorney to advertise an ordinance for future
consideration which would amend Ordinance No. 76-48, as amended, which regulates the use
of County parks, by eliminating the prohibition against the possession, transport, or discharge
of a firearm as such regulatory authority has been preempted by Section 790.33(1), Florida
Statutes.
Meeting Date: 4/26/2011
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary, County Attorney
4/20/2011 2:03:58 PM
Approved By
Name: GreenwaldRandy
Title: ManagementlBudget Analyst,Office of Management & B
Date: 4/20/2011 2:58:44 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/20/2011 3:03:20 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 4/20/2011 3:20:59 PM
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4/26/2011 Item 16.KA.
ORDINANCE NO. 2011-_
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NO. 76-48, AS AMENDED, WHICH
REGULATES THE USE OF COUNTY PARKS, PRESCRIBES
HOURS OF OPENING AND CLOSING, AND PROHIBITS CERTAIN
ACTS THEREIN, BY ELIMINATING THE PROHIBITION
AGAINST THE POSSESSION, TRANSPORT, OR DISCHARGE OF
A FIREARM AS SUCH REGULATION HAS BEEN PREEMPTED
BY FLORIDA STATUTES; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE
OF LAWS AND ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on October 26, 1976, the Board of County Commissioners (Board)
adopted Ordinance No. 76-48 to regulate the use of County Parks so as to protect the health,
welfare and safety of persons using the parks, and the general welfare of residents of
surrounding areas of the County; and
WHEREAS, the Board later amended Ordinance No. 76-48 through adoption of
Ordinance No. 81-03, which added a prohibition on the possession, carrying, transporting, or
discharging of a fIrearm within County park boundaries with the exception of a duly authorized
law enforcement offIcers in the lawful performance of their duties; and
WHEREAS, the subsequent adoption of Section 790.33(1), Florida Statutes, by the
Florida Legislature preempted all existing and future county, city, town or municipal
ordinances or regulations relating to firearms and ammunition, thus rendering the above
prohibition of Ordinance No. 76-48, as amended, unenforceable; and
WHEREAS, the Board desires to remove tlns unenforceable provision of Ordinance
No. 76-48, as amended.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION THREE (1) ORDINANCE NO. 76-48,
AS AMENDED.
Section Three (1) is hereby amended as follows:
Words Underlined are added; Words Struck Thral:lbR are deleted.
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4/26/2011 Item 16.K.4.
SECTION THREE: Prohibited Acts.
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(1) No person shall within County park boundaries:
A. Disobey the lawful and reasonable order of a police officer or county park
employee in the discharge of his duties or disobey or disregard the notices, prohibitions,
instructions or directions on any park sign, including rules and regulation posted on the
ground or buildings in said parks.
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S. Possess, carry and/or transport on or about their person or disch(H'ge any
firearms, as defined in Chapter 790.001(6), Florida Statutes, excluding dwy authorized
law enforcement officers in the la\\ful performance of their duties.
+,S.. Possess, carry and/or transport on or about their person any glass container in
any beach access area.
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 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 THREE: 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 FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
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Words Underlined are added; Words 8truelc Thr(lIi;;fl are deleted.
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4/26/2011 Item 16.K.4.
. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _day of , 2011.
ArrEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
FRED W. COYLE, CHAIRMAN
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
County Attorney
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Words Underlined are added; Words Struek Through are deleted.
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4/2~/2011 Item 16.KA.
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4/26/2011 Item 16.KA.