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Agenda 09/27/2011 Item #17E912712011 Item 17.E. EXECUTIVE S~Y r"\ Recommendation to (1) adopt four ordinances which repeal or amend certain Collier County ordinances relating to the regulation of firearms aadammunition in order to comply with recent amendments to Section 790.33, Florida Statates, which preempts all such regulatory powers to the State of Florida effective October 1,.2011, and (2) direct staff to refer two Sp,ecial Acts dealing with firearms to the Legislative Delegation, with a request that the Legislature review them for possiblerepeaI. O~C'fIVE: To comply with recent State legislative amendments to Section 790.33, Florida Statutes, wm,ch relate to the regulation of firearms and ammunition. CONSIDERATIONS: During the 2011 legislative session, the Florida Legislature adopted House Bill 45, which was signed. into law by Governor Rick Scott and codified at Chapter 2011- 109, Laws of Florida. House Bill 45 amends Section 790.33, Florida Statutes, entitled "Field of regulation of firearms and ammunition preempted," by expanding the Legislature's preemption in the field of regulation of the firearms and ammunition, and by exacting severe penalties should an elected or appointed local government official enact, or cause to be enforced, an ordinance or regulation relating to firearms and ammunition. The legislation is effective on October I, 2011. Based on discussions with fellow County Attorneys, as a result of HB 45, a number of Florida counties have already repealed their firearms regulations, including Charlotte County, Leon County, S1. Johns County, and Indian River County, with others in the process of repealing their firearm regulations. ~ Historv of Section 790.33. Florida Statutes Section 790.33, Florida Statutes (the "Joe Carlucci Uniform Firearms Act"), was created during the 1987 legislative session. The intent of the Act was to provide uniform firearms laws in the State. Since its adoption in 1987, Section. 790.33 has preempted local governments from regulating firearms and ammunition unless expressly authorized to do so by general law. The field of regulation specifically included the purchase, sale, transfer, taxation, manufacture, ownership, possession, and transportation of firearms and ammunition, to the exclusion of all. existing and future local government ordinances or regulations relating thereto. Subsection (2) of Section' 790.33 was amended in 1988, and provided a specific exception to the preemption, in that any county had the option to adopt a waiting-period ordinance to require a waiting period of up to three. working days between the purchase and delivery of a handgun. House Bill 45 Section 790.33(1), as amended by House Bill 45, provides the following express preemption: ~ Except as. expressly provided by the State Constitution or generaIlaw, the Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, stOrage, and transportation thereof,. to the exclusion of all existing and future county, city, town, or municipal ordinances or any administrative reglllations or Packet Page ~2650- 9/27/2011 Item 17.E. -. rules adopted by local or state government relating thereto. Any such existing ordinances, rules, or regulations are hereby declared null and void. House Bill 45 specifically added the storage of firearms and ammunition to its list of express preemptions, plus specifically stated that, in addition to locally adopted ordinances, any locally adopted administrative regulations or rules were declared null and void. Notably, House Bill 45 also added a subsection that states as follows: It is further the intent of this section to deter and prevent the violation of this section and the violation of rights protected under the constitution and laws of this state related to firearms, ammunition, or components thereof, by the abuse of official authority that occurs when enactments are passed in violation of state law or under color of local or state authority. House Bill 45 added a new subsection (3) to Section 790.33, regarding the penalties to be imposed should any person, county, agency, municipality, or district violate the Legislature's exclusive regulation of firearms and ammunition, such a violation being a third-degree felony. For example, a knowing and willful violation of any provision of Section 790.33 by a person acting in an official capacity for any local government entity that enacts, or causes to be enforced, an ordinance or administrative rule or regulation, "shall be cause for termination of employment or contract or removal from office by the Governor." Furthermore, if a court determines that the official acted knowingly and willingly, the court "shall assess a civil fine of up to $5,000" against the official and public funds "may not be used to defend or reimburse the unlawful conduct." In addition, the governmental entity could be fined up to $5 million. ,-. The County Attorney's Office has completed a full review of existing County ordinances and recommends that the Board repeal the following ordinances in their entirety, all of which are codified in Code of Laws and Ordinances under Chapter 94, Article Ill. Offenses Involving Public Safety, Division 2. Firearms: I. Ordinance No. 70-10, amended by Ordinance No. 80-12 (Sec. 94-61) "Possession of guns prohibited on W.J. lanes Memorial Scenic Drive," prohibiting the possession or transport of fireanTIs, crossbows and bows and arrows on lanes Scenic Drive. This ordinance is derived from a Special Act, as referenced below. 2. Ordinance No. 80-24 (Sec. 94-62) "Discharge of firearms, hunting, in subdivisions generally," prohibiting the discharge of any firearm in or into any platted subdivision in the county, except for certain portions of Golden Gate Estates. 3. Ordinance No. 79-102, amended by Ordinance No. 80-6 (Sec. 94-63) "Discharge of firearms in Golden Gate Estates subdivision," prohibiting the discharge of any firearm (except in certain circumstances a shotgun) within the urbanized portion of Golden Gates Estates, and prohibiting the discharge of a shotgun within lf4 mile of any residence or occupied structure within the unincorporated area. ,-. 4. Ordinance No. 76-61, amended by Ordinances Nos. 77-43 and 78-25 (Sec. 94-64) "Discharge of firearms prohibited in certain area," prohibiting the discharge of firearms in portions of Golden Gate Estates and elsewhere, and requiring the posting of signs giving notice of this prohibition. Packet Page -2651- 9/27/2011 Item 17.E. 5. Ordinance No. 82-77 (Sec. 94-65) "Discharge of firearms in South Florida Water Management District," prohibiting the discharge of firearms, crossbows or bow and arrows within ,____ the South Florida Water Management District right-of-way of the L-28 interceptor canal, and requiring the posting of signs giving notice of this prohibition. Additionally, it is recommended that the Board amend the following ordinances in order to repeal any provisions relating to firearms: 1. With respect to County Airports, Ordinance No. 04-03 (codified in Sec. 18-51), repeal Section 16, "Concealed weapons, concealed firearms," which generally prohibits carrying a concealed firearm or weapon into a Collier County Airport, unless authorized by applicable law. ') With respect to the State of Emergency, Ordinance 02-50, as amended (codified in Sec. 38- 68), repeal the ability of the Chairman, upon a declaration of emergency, to suspend or limit the sale, dispensing or transportation of firearms. 3. With respect to the Collier County Noise Control Ordinance, although state law does not address the noise implications of the discharge of firearms, in light of House Bill 45, it is recommended that the noise associated with the discharge of firearms be expressly exempted. Elsewhere in the Code of Laws and Ordinances of Collier County Sec. 242-2, entitled "Everglades Parkway; hunting and discharge of firearms prohibited," adopted by the Florida Legislature as a Special Act (Laws of Fla. Ch. 67-892), prohibits hunting and the discharge of any firearm on, from, across or within Y2 miles of Alligator Alley, in Broward ---- and Collier Counties. This Special Act appears to conflict with Florida Constitution Article III, Section 11 (a)(l9). which prohibits special laws relating to hunting or fresh water fishing, and possibly Florida Statutes Sec. 790.33, whose policy is to create uniform firearms laws'in the state. It is recommended that this Special Act be referred to our Legislative Delegation with a request that the Legislature review it for possible repeal. It is further recommended that Collier County does not enforce this Special Act. Chapter 246, Article lll, entitled "Collier County Scenic Drive Parks," adopted by the Florida Legislature as a Special Act (Laws of Fla. Ch. 61-2041), prohibits hunting at all times in Janes Scenic Highway, and prohi.bits fireanns and bows during non-hunting season. It also prohibits the destruction or taking of flora and fauna from the Park (which provision is not at issue). This Special Act appears to conflict with Florida Constitution Article III, Section 11 (a)(l9), which prohibits special laws relating to hunting or fresh water fishing, and possibly Florida Statutes Sec. 790.33, whose policy is to create uniform fireanns laws in the state. It is recommended that this Special Act be referred to our Legislative Delegation with a request that the Legislature review it for possible partial repeal. It is further recommended that Collier County does not enforce the hunting and firearms provisions of this Special Act. Land Development Code There is no provision in the Land Development Code pertaining to firearms that needs to be addressed, as one of the continuing exceptions to the express preemption by the State in this field of regulation is that a local government may continue to enact zoning ordinances, which encompass firearms businesses along with other businesses. r---. Packet Page -2652- 9/27/2011 Item 17.E. The Florida Legislature has sent a clear, specific, and strict legislative statement concerning ___ the expansion of its preemption in the field of the regulation of firearms and ammunition. The regulation of firearms and ammunition is now fully and expressly preempted to the State, except as expressly provided by general law. The Florida Legislature has also sent a clear message that there will be significant personal financial consequences, not to mention the possibility of being removed from office, should local government officials run afoul of Section 790.33, Florida Statutes, as amended. In view of the above, the County Attorney believes that it is prudent for the Board to amend or repeal the referenced provisions in the Collier County Code of Laws that addresses firearms. I have also attached a copy of HB 45, the staff analysis of the bill, the two Special Acts referenced above, and general infonnational materials dealing with Florida firearms laws. Lastly, please note that I am not recommending any changes be made with respect to the existing security of the Administration Building, which houses the Board of County Commissioners Chambers as well as offices to a U.S. Senator and Congressmen. At its September 13,20] I meeting, the Board authorized the County Attorney to advertise the proposed ordinances for future consideration. FISCAL IMP ACT: The cost to advertise the proposed ordinances is approximately $400.00. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action and requires a ...-, majority vote. - JAK RECOMMENDA TION: That the Board of County Commissioners takes the following actions in order to comply with Section 790.33, Florida Statutes, which preempts all such regulatory powers to the State of Florida as of October] , 20] ]: I. Adopts the attached ordinances repealing or amending the above-referenced Collier County ordinances relating to the regulation of firearms and ammunition. ,., (a) Suspends enforcement of Sec. 242-2, "Everglades Parkway; hunting and discharge of firearms prohibited," adopted by the Florida Legislature as a Special Act (Laws of Fla. Ch. 67- 892) and directs staff to refer this Special Act to our Legislative Delegation with a request that the Legislature review it for possible repeal; and (b) Suspends enforcement of Chapter 246, Article III, "Collier County Scenic Drive Parks," adopted by the Florida Legislature as a Special Act (Laws of Fla. Ch. 61-2041) and directs staff to refer this Special Act to our Legislative Delegation with a request that the Legislature review it for possible partial repeal. Prepared by: Jeffrey A. Klatzkow, County Attorney --- Packet Page -2653- 9/27/2011 Item 17.E. COLLIER COUNTY ,,-...... Board of County Commissioners Item Number: 17.E. Item Summary: Recommendation to (1) adopt four ordinances which repeal or amend certain Collier County ordinances relating to the regulation of firearms and ammunition in order to comply with recent amendments to Section 790.33, Florida Statutes, which preempts all such regulatory powers to the State of Florida effective October 1, 2011, and (2) direct staff to refer two Special Acts dealing with firearms to the Legislative Delegation, with a request that the Legislature review them for possible repeal. Meeting Date: 9/27/2011 Prepared By Name: NeetVirginia Title: Legal Assistant/Paralegal,County Attorney 9/16/2011 8:15:07 AM ..~ Submitted by Title: County Attorney, Name: KlatzkowJeff 9/16/20118:15:08 AM Approved By Name: KlatzkowJeff Title: County Attorney, Date: 9/19/20114:01:45 PM Name: KlatzkowJeff Title: County Attorney, Date: 9/20/2011 9:42:07 AM Name: GreenwaldRandy Title: ManagementlBudget Analyst,Office of Management & B Date: 9/20/2011 9:44:34 AM ~ Packet Page -2654- 9/27/2011 Item 17.E. .-.. Name: OchsLeo Title: County Manager Date: 9/20/2011 10:53:38 AM .-. -. Packet Page -2655- 9/27/2011 Item 17.E. ~ ORDINANCE NO. 2011-_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, REPEALING ORDINANCE NO. 70-10, AS AMENDED, ORDINANCE NO. 80-24, ORDINANCE NO. 79-102, AS AMENDED, ORDINANCE NO. 76-61, AS AMENDED, AND ORDINANCE NO. 82-77, ALL RELATING TO THE POSSESSION AND/OR DISCHARGE OF FIREARMS, WHICH ARE CODIFIED IN CHAPTER 94, ARTICLE III, DIVISION 2 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, IN ORDER TO COMPLY WITH AMENDMENTS TO SECTION 790.33, FLORIDA STATUTES, WHICH PREEMPTS THE WHOLE FIELD OF FIREARMS AND AMMUNITION REGULATION TO THE STATE OF FLORIDA; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 1,2011. WHEREAS, during the 20 II Legislative Session, the Florida Legislature adopted House Bill 45, amending Section 790.33, Florida Statutes, entitled "Field of regulation of firearms and ammunition preempted," by expanding the Legislature's preemption in the field of regulation of the firearms and ammunition and exacting severe penalties should an elected or appointed local government official enact, or cause to be enforced, an ordinance or regulation relating to frrearms and ammunition. The effective date of the legislation is October 1,2011; and WHEREAS, to comply with this amendment to Section 790.33, Florida Statutes, the Board of County Commissioners desire to repeal Ordinance No. 70-10, as amended, Ordinance No. 80-24, Ordinance No. 79-102, as amended, Ordinance No. 76-61, as amended, and Ordinance No. 82-77, all relating to the possession and/or discharge of firearms and ammunition, which are codified in Chapter 94, Article III, Division 2 of the Collier County Code of Laws and Ordinances. ~ NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: REPEAL OF ORDINANCE NO. 70-10, AS AMENDED. Ordinance No. 70-10, codified as Sec. 94-61 of the Collier County Code of Laws and Ordinances, and all amendments thereto, is hereby repealed in its entirety. ,-....., Page 1 of3 PacketPage-2656- 9/27/2011 Item 17.E. ~ SECTION TWO: REPEAL OF ORDINANCE NO. 80-24. Ordinance No. 80-24, codified as Sec. 94-62 of the Collier County Code of Laws and Ordinances, is hereby repealed in its entirety. SECTION THREE: REPEAL OF ORDINANCE NO. 79-102, AS AMENDED. Ordinance No. 79-102, codified as Sec. 94-63 of the Collier County Code of Laws and Ordinances, and all amendments thereto, is hereby repealed in its entirety. SECTION FOUR: REPEAL OF ORDINANCE NO. 76"()1, AS AMENDED. Ordinance No. 76-61, codified as Sec. 94-64 of the Collier County Code of Laws and Ordinances, and all amendments thereto, is hereby repealed in its entirety. SECTION FIVE: REPEAL OF ORDINANCE NO. 82-77. Ordinance No. 82-77, codified as Sec. 94-65 of the Collier County Code of Laws and Ordinances, is hereby repealed in its entirety. ~. SECTION SIX: 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. Ifany 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 SEvEN: 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 EIGHT: EFFECTIVE DATE. This Ordinance shall be effective on October 1,2011. ---- Page 2 of3 PacketPage-2657- ~ 9/27/2011 Item 17.E. ~ PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _day of ,2011. ATTEST: DWIGHT E. BROCK, CLERK By: , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN Page 3 00 Packet Page -2658- ~ ~ 9/27/2011 Item 17.E. ,-. ORDINANCE NO. 2011-_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 38, CIVIL EMERGENCIES, ARTICLE III, DECLARATION OF STATE OF EMERGENCY, OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, ALSO KNOWN AS ORDINANCE NO. 84-37, AS AMENDED, AMENDING SECTION 38-68, AUTHORIZED EMERGENCY MEASURES, BY DELETING THE RIGHT TO SUSPEND OR LIMIT THE SALE OF FIREARMS DURING A STATE OF EMERGENCY, IN ORDER TO COMPLY WITH AMENDMENTS TO SECTION 790.33, FLORIDA STATUTES, WHICH PREEMPTS THE WHOLE FIELD OF FIREARMS AND AMMUNITION REGULATION TO THE STATE OF FLORIDA; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 1, 2011. ,-. WHEREAS, during the 2011 Legislative Session, the Florida Legislature adopted House Bill 45, amending Section 790.33, Florida Statutes, entitled "Field of regulation of fireanns and ammunition preempted," by expanding the Legislature's preemption in the field of regulation of the flreanns and ammunition and exacting severe penalties should an elected or appointed local government official enact, or cause to be enforced, an ordinance or regulation relating to frreanns and ammunition. The effective date of the legislation is October 1, 2011; and WHEREAS, to comply with this amendment to Section 790.33, Florida Statutes, the Board of County Commissioners desire to amend Section 38.68 of the Collier County Code of Laws and Ordinances, by deleting the right to suspend or limit the transportation offireanns during a State of Emergency. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECfION ONE: Article Ill. Declaration of State of Emergency, Section 38-56, of the Code of Laws and Ordinances of Collier County, Florida, is hereby amended as follows: Section 38-68. Authorized Emergency Measures. In addition to any other powers conferred by law, upon the declaration of a state of emergency pursuant to this article, the chairman, or vice-chairman in his or her absence, and in the absence of the chairman and vice-chairman; the next County Commissioner in order of seniority, -- Underlined text is added; Strltel, tR1ellgfl text is deleted Page 1 of3 PacketPage-2659- 9/27/2011 Item 17.E. ~ or if two or more were appointed on the same date, then in alphabetical order among them, and in the absence of any Commissioner; the County Manager, in the absence of the County Manager; the Clerk of Courts; and in the Clerk's absence; the Deputy County Manager, may order and promulgate all or any of the following emergency measures to be effective during the period of such emergency in whole or in part, and with such limitation and conditions as be may deem appropriate to protect the health, safety and welfare of the community: (1) Suspend or limit the sale, dispensing or transportation of alcoholic beverages, fJ:feftllBs, explosives, and combustibles. (2) Establish curfews, including but not limited to the prohibition of or restrictions on pedestrian and vehicular movement, standing and parking, except for the provision of designated, essential services, such as fire, police, emergency medical services and hospital services, including the transportation of patients, utility emergency repairs and emergency calls by physicians. '* * * * * * * 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 on October 1,2011. ~ Underlined text is added; Strltel, thraHgh text is deleted Page 2 of 3 Packet Page -2660- 9/27/2011 Item 17.E. -. 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 , Deputy Clerk By: FRED W. COYLE, CHAIRMAN By: ,-. -- Underlined text is added; EtA!ek tkrellgk text is deleted Page 3 of3 Packet Page -2661- 9/27/2011 Item 17.E. ORDINANCE NO. 2011-_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 90-17, AS AMENDED, THE COLLIER COUNTY NOISE CONTROL ORDINANCE, BY AMENDING SECTION SEVEN, EXEMPTIONS, CODIFIED AS SECTION 54-87 OF THE CODE OF LAWS AND ORDINANCES, PROVIDING FOR AN EXEMPTION OF NOISE ASSOCI A TED WITH THE DISCHARGE OF FIREARMS IN ORDER TO COMPLY WITH AMENDMENTS TO SECTION 790.33, FLORIDA STATUTES, WHICH PREEMPTS THE WHOLE FIELD OF FIREARMS AND AMMUNITION REGULATION TO THE STATE OF FLORIDA; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 1, 2011. .~ WHEREAS, during the 2011 Legislative Session, the Florida Legislature adopted House Bill 45, amending Section 790.33, Florida Statutes, entitled "Field of regulation of firearms and ammunition preempted," by expanding the Legislature's preemption in the field of regulation of the fireanns and ammunition and exacting severe penalties should an elected or appointed local government official enact, or cause to be enforced, an ordinance or regulation relating to firearms and ~ ammunition. The effective date of the legislation is October 1,2011; and WHEREAS, to comply with this amendment to Section 790.33, Florida Statutes, the Board of County Commissioners desires to amend Ordinance No. 90-17, as amended, The Collier County Noise Control Ordinance, by amending Section Seven, Exemptions, codified as Section 54-87 of the Collier County Code of Laws and Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Ordinance No. 90-17, as previously amended, is hereby amended further by adding the following subsection S to Section Seven: SECTION SEVEN. EXEMPTIONS. The following uses and activities shall be permitted under this Ordinance and are exempt from the Sound Level limits set forth in subsection 6.B. ******* S. Noise associated with the discharge of firearms. ..-... Underlined text is added; Swelc tflrellgn text is deleted Pal!e I of2 Packet Page -2662- 9/27/2011 Item 17.E. .-. 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 on October 1,2011. .-.. 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: , Deputy Clerk By: FRED W. COYLE, CHAIRMAN ..-.. Underlined text is added; Ewe!< tareliga text is deleted Pal!.e 2 of2 Packet Page -2663- 9/27/2011 Item 17.E. ~ ORDINANCE NO. 2011-_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2004-03, AS AMENDED, THE COLLIER COUNTY AIRPORT AUTHORITY ORDINANCE, BY REPEALING SECTION 16 ENTITLED "CONCEALED WEAPONS; CONCEALED FIREARMS," CODIFIED AS SECTION 18-51 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, IN ORDER TO COMPLY WITH AMENDMENTS TO SECTION 790.33, FLORIDA STATUTES, WHICH PREEMPTS THE WHOLE FIELD OF FIREARMS AND AMMUNITION REGULATION TO THE STATE OF FLORIDA; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LA WS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 1,2011. WHEREAS, during the 201] Legislative Session, the Florida Legislature adopted House Bill 45, amending Section 790.33, Florida Statutes, entitled "Field of regulation of fireanns and ammunition preempted," by expanding the Legislature's preemption in the field of regulation of the firearms and ammunition and exacting severe penalties should an elected or appointed local government official enact, or cause to be enforced, an ordinance or regulation relating to firearms and ammunition. The effective date of the legislation is October I, 2011; and ~ WHEREAS, to comply with this amendment to Section 790.33, Florida Statutes, the Board of County Commissioners desires to amend Ordinance No. 2004-03, as amended, The Collier County Airport Authority Ordinance, by repealing Section 16 entitled "Concealed Weapons; Concealed Firearms," codified as Section 18-51 of the Collier County Code of Laws and Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO ORDINANCE NO. 2004-03, AS AMENDED. Section Sixteen of Ordinance No. 2004-03, as amended, entitled "Concealed Weapons; Concealed Firearms," codified as Section 18-51 of the Collier County Code of Laws and Ordinances, is hereby repealed in its entirety. ~ Page I of2 Packet Page -2664- 9/27/2011 Item 17.E. --.. SECflON 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 on October 1, 2011. -- 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 ...-. Page 2 of2 Packet Page -2665- 9/27/2011 Item 17.E. To 'Pc.. ~de.-~ ~ 18-49 COLLIER COUNTY CODE 1< ~ (c) Every violation of any such Board adopted Rule andlorRegulation shall be a separate viola- tion of this Ordinance. Also, every individual who, while in the prej;ence of a law enforcement officer, either refuses to immediately obey an oral order (instruction) to leave the airport, or to move his/her person to some other part of the airport, or who is then committing any violation of any such rule or regulation, or is committing a trespass anywhere in any secured area of an airport, such law enforcement officer may arrest the violator without a warrant for any such violation(s), which Authority to arrest without a warrant is autho- rized by F.S. S 901.15(1). (Ord. No. 04-03, S 14; Ord. No. 2010-10, S 10) Sec. 18-50. Trespass: anywhere at airport; secured areas. (a) It shall be a separate violation of this article for any individual to refuse to immediately and completely obey an oral order (instruction) to leave the airport, or to move hislher person to some other area of the airport, if the order (in- struction) is per~nally communicated to the in- dividual by the Airport Manager, or if the Airport Manager is not then and there available, by any employee who at such time and place has author- ity to issue such an instruction. (b) It is a separate violation of this article for any individual to commit a trespass into (or within) any secure area of any Collier County Airport, provided signs are posted in conspicuous areas and such signs give notice that unautho- rized entry into the respective secured area con- stitutes a trespass, and the signs specify the means that are available for gaining authorized access to the respective secure area. Each such violation of this article shall subject each such trespassing individual(s) to arrest by a law en- forcement officer without a warrant, on or off of the airport, as specified in F.S. 9 901.15(15). The Collier County Airport Authority is hereby autho- rized to designate such secure area(s) as it deems appropriate by posting appropriate signs. Each such trespass in any secured area of an airport is an independent violation of this article irrespec- tive of application of any Airport Authority rule or regulation. (Ord. No. 04-03, S 15) Supp. No. 27 See. 18-51. Concealed weapons; concealed xtrearms. Any individual not then authorized by applica- ble law to carry a concealed firearm or a concealed weapon into the passenger terminal of the air- port, or into any sterile area of any Collier County Airport shall thereby violate this article and shall violate F.S. 9 790.06(12). The specified penalty for such violation -is not less than a misdemeanor of the second degree, as specified in that statutory subsection. "Sterile area" is defined in that Stat- ute as "the area of the airport to which access is controlled by the inspection of persons and prop- erty in accordance with federally approved air- port security programs". However, provided such action or possession is not then prohibited by federal law, rule or regulation, that statutory provision does not prevent an individual from carrying any legal firearm into the airport termi- nal provided each such firearm is then encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on an . aircraft. No such "firearm or weapon" violation is a violation of this article because this field of regulation is wholly preempted to the State of Florida by application of F.S. g 790.33. (Ord. No. 04-03, g 16) .~ Sec. 18-52. Penalties; referrals within Col- lier County Government. (a) General penalties; continuing violations. In this article the phase "violation of this article" means any of the following: (1) Doing an act that is prohibited or made or declared unlawful, or an offense, or a misdemeanor by ordinance, or by rule or regulation authorized by any Collier County Ordinance. (2) Failure to perform an act that is required to be performed by any Collier County Ordinance, or by rule or regulation autho- rized by any Collier County Ordinance, (3) Failure to perform any act if the failure is declared a misdemeanor or an offense or otherwise unlawful or a violation by:my Collier County Ordinance, or by any rule or regulation authorized by Collier County Ordinance. ~ CD18:10 Packet Page -2666- ,-, -r ..-.. ..-.. 9/27/2011 Item 17.E. OFFENSES AND MISCELLANEOUS PROVISIONS Sec. 242-1. Reserved. Editor's DOte-LaWS of Florida, ch.94-482, ~ 2, approved May 13, 1994, repealed ~ 242-1, which pertained to county roadirights-of-way; discharge of firearms prohibited. See the Code Comparative Table. Sec. 242-2. Everglades Parkway; hunting and discharge of firearms prohib- ited; penalty. (a) It shall be unlawful for any person to hunt any wild animal or bird or to discharge or cause to be discharged any firearm on, from, across or with- in one-half mile on either side of the Everglades Parkway, commonly known as Alligator Alley, in Broward and Collier Counties. (b) This section shall not apply to any person hunting or diS"charging firearms on the home- stead of such person situated within one-half mile of the parkway, nor to any law enforcement officer acting in the discharge of his duties. (c) This section shall not be construed as re- pealing any other acts pertaining to game preser- vation or the protection of game within the area defined in subsection (a) of this section, but shall be additional to and cumulative with such acts. (d) Any person who shall violate the provisions of this section shall be deemed guilty of a misde- meanor and upon conviction shall be fined not more than $500.00 or imprisoned not more than six months, or both. (e) The provisions of this section may be en- forced by the duly authorized conservation agents of the game and freshwater fish commission un- der the powers granted them by F.S. ~ 372.07. (f) If any part of this section or its application to any person or circumstance shall be held in- Supp. No. 1 SA242:3 Packet Page -2667- g 242-2 valid or unconstitutional such holding shall not affect any other part of the section or its applica- tion to any other person or circumstance. (Laws of Fla. ch. 67-892, ~ 1) Editor's Dote-The specific penalty provided for in the above section is unconstitutional and unenforceable as a spe- cial act may not prescribe punishment for crime. See Fla. Canst. Art. III, ~ 11. However, as this section makes a violation a misdemeanor, such violation is punishable as a misdemeanor of the second degree. See F.S. ~ 775.0~775.083; Delmonico v. State, 155 So. 2d 368 (Fla. 1963); Lynch v. Durrance, 77 So. 2d 489 (Fla. 1955); Jannett v. Windham, 109 Fla. 129, 147 So. 296 (1933); reh. denied, 109 Fla., 129, 153 So. 784, affd. 290 U.S. 602. Cross refereDce~Animals, ch. 210; roads and bridges, ch. 254. State law references-Special laws and general laws of local application pertaining to hunting or fishing prohibited, Fla. Const. art. III, ~ 1l(aX19); discharging firearms in public, F.S. ~ 790.15; local regulation offtrearms, F.B. ~ 790.33. 9/27/2011 Item 17.E. PARKS AND RECREATION ~ 246-53 ~ thing except to the extent expressly au- thorized by permit issued by the State of Florida or an agency thereof. (aws of Fla. ch. 89-449, g 3; Laws of Fla. ch. 97-347,93; Laws of Fla. ch. 98-483, S l;Laws of Fla. ch. 99-487, 9 1) Sec. 246-29. Enforcement. A citation issued by a county park enforcement officer (park ranger) under the provisions of this Act shall be in a form prescribed by the board of county commissioners. Such citations shall state the date and time of issuance, name and address of the person in violation, the date of the viola- tion, description of the violation, the Collier County Ordinance and section violated, name of the citing county park enforcement officer (park ranger), and a date and time at which the violator shall appear before the Collier County Code Enforce- ment Special Master. The violator may elect a nonmandatory appearance and pay the fine as prescribed by county ordinance. (Laws of Fla. ch. 89-449, 2 4; Laws of Fla. ch. 97-347,94; Laws of Fla. ch. 2006-337, 2 1) See. 246-30. Restrictions. Nothing herein contained shall be construed to authorize or permit any person designated as a county park enforcement officer (park ranger) pursuant to this article to perform any function or duties of a law enforcement officer other than as specified herein. County park enforcement offic- ers (park rangers) designated pwsuant to this article shall not make physical arrests or take any person into custody and shall be exempt from the requirements relating to the state high-hazard retirement program and police standards and training commission as defined by F.S. 99 122.34 and 943.11-943.25. (Laws of Fla. ch. 89-449, 2 5) Sees. 246-31-246-50. Reserved. -* ARTICLE III. COLLIER COUNTY SCENIC DRIVE PARKS Sec. 246-51. Created. (a) There is hereby created in Collier County, the Collier County Scenic Drive Park. The loca- tion of said park will be as described in subsection (b). Supp. No. 24 Packet Page -2668- (b) The geographical limits of said Collier County Scenic Drive Park are: The right-of-way of 100 feet in width along the so-called "Main Line" of the logging railroad used by the Lee Tidewater Cypress Company from 1943 through 1957, less and except that portion of said right-of-way lying and being in Sections 4, 5, 9, 10, 14, 15, 23, 25, 26, 35, and 36 in Thwnship 50 South, Range 28 East, Collier County, Florida. (Laws of Fla. ch. 61-2041, ~2 1, 6) Sec. 246-52. Weapons restricted; hunting prohibited; enforcement. No hunting will be permitted within said park at any time. No firearms, bows and arrows or other weapons will be permitted within the park during any time of a closed hunting season as set by the game and freshwater fish commission. During the open hunting season, all hunters passing through the park must have their guns unloaded. lithe weapons, including hunting bows, are capable of being broken down, the same must be broken down and stored with other camp ~ equipment or within case provided for such weapon. Any sheriff, deputy sheriff, wild life officer or other properly designated official shall have the right to s..top any vehicle or hunter found within the confines of said park ~d make a search to see that the above provisions are being complied with. (Laws of Fla. ch. 61-2041, 2 2) Cross references-Animals, ch. 210; offenses and miscel- laneous provisions, ch. 242. State law references-Speciallaws and general laws of local application pertaining to hunting or fishing prohibited, Fla. Const. art. III, ~ 1l(aX19); discharging fireamisin public, F.S. ~ 790.15; local regulation of firearms, F.S. ~ 790.33. Sec. 246-53. Destroying, cutting of flora and fauna prohibited. No person at any time may remove, cut, de- stroy, uproot or take away any flora or fauna from the confines of said park, including but not lim- ited to orchids, air plants, palms, trees, shrubbery or any type of live animal. (Laws of Fla. ch. 61-2041, ~ 3) State law reference-Special laws and general laws of local application pertaining to hunting or fishing prohibited, Fla. Const. art. III, ~ 11(aX19). ,..-" SA246:5 9/27/2011 Item 17.E. FLORIDA ---- 1 2 3 4 5 6 7 8 9 10 11 12 13 ---- 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 H 0 USE o F REPRESENTATIVES ENROLLED CS/CS/CS/HB 45, Engrossed 1 2011 Legislature A bill to be entitled An act relating to the regulation of firearms and ammunition; amending s. 790.33, F.S.; clarifying and reorganizing provisions that preempt to the state the entire field of regulation of firearms; prohibiting the knowing and willful violation of the Legislature's occupation of the whole field of regulation of firearms and ammunition by the enactment or causation of enforcement of any local ordinance or administrative rule or regulation; providing additional intent of the section; eliminating provisions authorizing counties to adopt an ordinance requiring a waiting period between the purchase and delivery of a handgun; providing injunctive relief from the enforcement of an invalid ordinance, regulation, or rule; providing a civil penalty for knowing and willful violation of prohibitions; providing that public funds may not be used to defend or reimburse the unlawful conduct of any person charged with a knowing and willful violation of the act; providing for termination of employment or contract or removal from office of a person acting in an official capacity who knowingly and willfully violates any provision of the act; providing for declaratory and injunctive relief for specified persons or organizations; providing for specified damages and interest; providing exceptions to prohibitions of the section; providing an effective date. Be It Enacted by the LegiSlature of the State of Florida: Page 1 of? --.. CODING: Words stricken are deletions; words underlined are additions. hb0045-05-er Packet Page -2669- 9/27/2011 Item 17.E. FLORIDA H 0 USE o F REPRESENTATIVES ~ ENROLLED CS/CS/CS/HB 45, Engrossed 1 2011 Legislature 29 30 Section 1. Section 790.33, Florida Statutes, is amended to 31 read: 32 790.33 Field of regulation of firearms and ammunition 33 preempted..- 34 (1) PREEMPTION.-Except as expressly provided by the State 35 Constitution or general law, the Legislature hereby declares 36 that it is occupying the whole field of regulation of firearms 37 and ammunition, including the purchase, sale, transfer, 38 taxation, manufacture, ownership, possession, storage, and 39 transportation thereof, to the exclusion of all existing and 40 future county, city, town, or municipal ordinances or any 41 administrative regulations or rules adopted by local or state 42 government relating thereto. Any such existing ordinancesL 43 rules, or regulations are hereby declared null and void. ~ 44 oubocction oh.:1ll not .:1ffcct zoning ordin.:1nceo ..,hich enoomp.:1oo 45 firc.:1rm:J bU:Jincooco .:11ong '.Ji th othe::- bU:Jine:J:Je:J. Zoning 46 ordinance3 ~~ich ar~ de3igned for the purpcoe of rC:Jtricting or 47 prohibi~ing t~e :J.:11e, pu::-ch.:1oe, tr.:1r.ofer, or ffi.:1nuf.:1cture of 48 firearm:J or ammunition .:18 .:1 method of regulating firc.:1rmo or 49 aHlffiuni tion .:1rc in conflict \;i U'. thic oub:Jcction .:1nd .:1rc 50 prohibited. 51 (2) LIHI'rED EXCEPTION 1 COmITY Wl\.H'INC PEnIOD ORDIHl'.llCES. 52 (a) l\.ny oounty :may have the option to adopt a ~aitiRg 53 pcriod ordinJ.nce rcquiring oJ. '.w.iting pcriod of up to, but not to 54 cHaced, 3 '.;orking d.:1Yo betHeen the purah.:1:Je oJ.nd delivery of .:1 55 h.:1ndgun. For purpooeo of thio ouboection, "purch.:1oo" me.:1no 56 payment of depooit, pay.fficnt in full, or notification of intent Page 2 of7 CODING: Words stricken are deletions; words underlined are additions. ~ ~ hb0045-05-er Packet Page -2670- ...-.. 57 58 59 60 61 62 63 64 65 66 67 68 69 ,.,-., 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 9/27/2011 Item 17.E. FLORIDA H 0 USE o F REPRESENTATIVES ENROLLED CS/CS/CS/HB 45, Engrossed 1 2011 Legislature to puroh~oe. ~doption of a waiting per~od ordinance, by ~ny county, oh.:lll require 0. m.:ljorit). ~..ote of the county cOffi."flioo:..on or. votoo or. ....o.i ting period ordin::mceo. Thio eHoeption io limited oolcly to indi7idu.:l~ oounties and io limited to the prc7iGior.3 ~nd reotrictiono cont~ined in thin ouboection. (b) Ordinanceo authorized by thin ouboectien ohall ~pply to all Galeo of handguno to individual:::; by a retail eotablioIDRent eHoopt tho.:Je oaleo to indi ~..iduo.lo enempted in thio oubccction. for purpooC3 of thio oub.:Jection, "reto.il eotabliohment" mean.3 a gun ohop, oporting goedo otore, po.',,-n ohop, hardw~re otere, department otore, di.:Jcount .:Jtore, bait or t~oJclc Ghop, er uny ether otoro or ohop th~t offe:::o h.:mdguno for ;.J~lk in ret.:lil o~le but doeo not include gun collectoro ohm:o or enhibita, or gun oho~o. (0) Ordin.:lnoeo authorized by thio ouboection ahall not require ~ny reporting or notification to ~ny couree outoide the retai~ cotabliohment, but recordo 0: handgun o~leo muot be a7ailablc for inopection, during normo.l buoincoo houro, by .:lny l.:l',: cnforoemcnt ~gcncy .:l:::; defined in c. 931.02. (d) The follo.:ing on.:lll be cHcmp': from .:my H.:li ting period: 1. Indi7idualo ~ho arc licen3cd to eo.rry coneeo.led firearm:::; under the pro';ioioRa of o. 790.06 or ...ho are licenoed to carry oonoe~lod fireo.rmo under any other prov:..oion of ot.:lte l~'..' and \Jho oho\! a ...~lid lioenocl 2. Indi vidualo \Jho already l~H::ully o'.m another .c . ~l.rC.3.rHl .:md ~,ho oho".; ~ Dalco rcoeipt fer another firearm; ""ho .:lre )mo\m to mm ~nothcr firea:-m through a prior puroh~oe from tho ret.:lil eot.J.bliohment; or Hho ha"..c another :::.rearm for trade in; Page 3 of 7 .-.. CODING: Words stricken are deletions; words underlined are additions. hb0045-05-er Packet Page -2671- 9/27/2011 Item 17.E. H 0 USE REP RESENTATIVES o F FLORIDA 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 ~ ENROLLED CS/CS/CSJHB 45, Engrossed 1 2011 Legislature 3. R la~ enforcement or correctional officer aD defined in o. 943.l0J 4. ^ la~ enforcement agency aD defined in o. 934.02J 5. SalaD or tranoactiono bctuccn dealero or bct~ccn diotributoro or bet~een dealero and diotributoro ~~o hQ~e current federal firearmo licenOeD! or 6. I'.ny incH ...idual \:ho haD been threatened or Hhooe family haD been threaten.ed '.:i th death or bodily inj ury, provided the individual may la~fully pooGeoo a firearm and provided ouch threat hn.o been duly reported to local la',l er.forcement. ~~ POLICY AND INTENT.- (a) It is the intent of this section to provide uniform firearms laws in the statei to declare all ordinances and regulations null and void which have been enacted by any jurisdictions other than state and federal, which regulate firearms, ammunition, or components thereof; to prohibit the enactment of any future ordinances or regulations relating to firearms, ammunition, or components thereof unless specifically authorized by this section or general law; and to require local jurisdictions to enforce.state firearms laws. (b) It is further the intent of this section to deter and prevent the violation of.this section and the violation of rights protected under the constitution and laws of this state related to firearms, ammunition, or components thereof, by the abuse of official authority that occurs when enactments are passed in violation of state law or under color of local or state authority. (3) PROHIBITIONSi PENALTIES.- Page 4 of7 ~ CODING: Words stricken are deletions; words underlined are additions. ---, hb0045-05-er packetpage-2672- ~ 113 114 115 116 117 118 119 120 121 122 123 124 125 ~ 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 9/27/2011 Item 17..E. FLORIDA H 0 USE o F REPRESENTATIVES ENROLLED CS/CS/CS/HB 45, Engrossed 1 2011 Legislature (a) Any person, county, agency, municipality, district, or other entity that violates the Legislature's occupation of the whole field of regulation of firearms and ammunition, as declared in subsection (1), by enacting or causing to be enforced any local ordinance or administrative rule or regulation impinging upon such exclusive occupation of the field shall be liable as set forth herein. (b) If any county, city, town, or other local government violates this section, the court shall declare the improper ordinance, regulation, or rule invalid and issue a permanent injunction against the local government prohibiting it from enforcing such ordinance, regulation, or rule. It is no defense that in enacting the ordinance, regulation, or rule the local government was acting in good faith or upon advice of counsel. (c) If the court determines that a violation was knowing and willful, the court shall assess a civil fine of up to $5,000 against the elected or appointed local government official or officials or administrative agency head under whose jurisdiction the violation occurred. . (d) Except as required by applicable law, public funds may not be used to defend or reimburse the unlawful conduct of any person found to have knowingly and willfully violated this section. (el A knowing and willful violation of any provision of this section by a person acting in an official capacity for any entity enacting or causing to be enforced a local ordinance or administrative rule or regulation prohibited under paragraph (a) or otherwise under color of law shall be cause for termination Page 5 of 7 .-, CODING: Words stricken are deletions; words underlined are additions. hb0045-05-er Packet Page -2673- 9/27/2011 Item 17.E. FLORIDA H 0 USE o F REPRESENTATIVES ~ ENROLLED CS/CS/CS/HB 45, Engrossed 1 2011 Legislature 141 of employment or contract or removal from office by the 142 Governor. 143 (f) A person or an organization whose membership is 144 adversely affected by any ordinance, regulation, measure, 145 directive, rule, enactment, order, or policy promulgated or 146 caused to be enforced in violation of this section may file suit 147 against any county, agency, municipality, district, or other 148 entity in any court of this state having jurisdiction over any 149 defendant to the suit for declaratory and injunctive relief and 150 for actual damages, as limited herein, caused by the violation. 151 A court shall award the prevailing plaintiff in any such suit: 152 1. Reasonable attorney's fees and costs in accordance with 153 the laws of this state, including a contingency fee multiplier, 154 as authorized by law; and 155 2. The actual damages incurred, but not more than 156 $100,000. 157 ~ 158 Interest on the sums awarded pursuant to this subsection shall 159 accrue at the legal rate from the date on which suit was filed. 160 (4) EXCEPTIONS.-This section does not prohibit: 161 (al Zoning ordinances that encompass firearms businesses 162 along with other businesses, except that zoning ordinances that 163 are designed for the purpose of restricting or prohibiting the 164 sale, purchase, transfer, or manufacture of firearms or 165 ammunition as a method of regulating firearms or ammunition are 166 in conflict with this subsection and are prohibited; 167 (b) A duly organized law enforcement agency from enacting 168 and enforcing regulations pertaining to firearms, ammunition, or Page 6 of 7 CODING: Words stricken are deletions; words underlined are additions. hb0045-05-er ~ Packet Page -2674- FLORIDA -. 169 170 171 172 173 174 175 176 177 178 179 180 181 .-. 182 183 184 185 186 187 . 9/27/2011 Item 17.E. H 0 USE o F REPRESENTATIVES ENROLLED CS/CS/CSfHB 45, Engrossed 1 2011 Legislature firearm accessories issued to or used by peace officers in the course of their official duties; tcl Except as provided in s. 790.251, any entity subject to the prohibitions of this section from regulating or prohibiting the carrying of firearms and ammunition by an employee of the entity during and in the course of the employee's official duties; td) A court or administrative law judge from hearing and resolving any case or controversy or issuing any opinion or order on a matter within the jurisdiction of that court or judge; or tel The Florida Fish and wildlife Conservation Commission from regulating the use of firearms or ammunition as a method of taking wildlife and regulating the shooting ranges managed by the commission. i2l+&t SHORT TITLE.-As created by chapter 87-23, Laws of Florida, this section oh.J.ll be kno'.:n .J.nd may be cited as the "Joe Carlucci Uniform Firearms Act." Section 2. This act shall take effect October 1, 2011. Page 7 of 7 -- CODING: Words stricken are deletions; words underlined are additions. hb0045-05-er Packet Page -2675- 9/27/2011 Item 17.E. ..-... FINAL BILL ANALYSIS BILL #: CS/CS/CS/HB 45 FINAL HOUSE FLOOR ACTION: 85 V's 33 N's SPONSOR: Rep. Gaetz COMPANION BILLS: CS/CS/CS/SB 402 GOVERNOR'S ACTION: Approved SUMMARY ANALYSIS CS/CS/CS/HB 45 passed the House on April 26, 2011, and subsequently passed the Senate on April 28, 2011. The bill was approved by the Governor on June 2, 2011, chapter 2011-109, Laws of Florida, and becomes effective October 1, 2011. Section 790.33, F.S., currently preempts local governments from regulating firearms and ammunition unless expressly authorized to do so by general law. Subsection (2) of the statute provides such express authorization by giving counties the authority to adopt an ordinance requiring a waiting period of up to three working days between the purchase and delivery of a handgun. The bill removes the statutory language that authorizes counties to adopt an ordinance requiring a waiting period of up to three working days between the purchase and delivery of a handgun (counties still have the authority, pursuant to Art. VIII, Section 5(b) of the Florida Constitution to require a criminal history records check and a 3 to 5-day waiting period in connection with the sale of any firearm occurring within such county). The bill replaces this provision with language prohibiting specified local ,.-... governmental entities from regulating or attempting to regulate firearms or ammunition in any manner (except as specifically authorized by s. 790.33, F.S., by general law, or by the Florida Constitution) and provides exceptions to this prohibition. The bill sets forth various penalties for violating s. 790.33, F.S., including provisions that: . Require the court to declare ordinances, regulations, or rules that violate s. 790.33, F.S., invalid and issue a permanent injunction against the local government from enforcing such ordinance, regulation, or rule. It is not a defense that, in enacting the ordinance, regulation or rule, the local government was acting in good faith or upon advice of counsel; . . Require the court to assess a civil fine of up to $5,000 against the elected or appointed local government official or administrative agency head under whose jurisdiction a violation o'ccurred if the court determines that a violation was knowing and willful; . Specify that a knowing and willful violation of the statute by a person acting in an official capacity is cause for immediate termination of employment; and . Authorize a person or organization whose membership is adversely affected by any ordinance, regulation. measure, directive. rule, enactment, order, or policy promulgated or enforced in violation of the statute to file suit for declaratory and injunctive relief and for all actual damages attributable to the violation. The damages and attorney's fees which may be awarded to prevailing plaintiffs could have a negative fiscal impact on state and local governmental entities who willfully violate the statute. This document does not reflect the intent or official position of the bill sponsor or House of Representatives. ~ Page 11 Packet Page -2676- 9/27/2011 Item 17.E. ---- I. SUBSTANTIVE INFORMATION A. EFFECT OF CHANGES: Current Situation Preemption Section 790.33, F.S., known as the Joe Carlucci Uniform Firearms Act, became law in 19871 and expressly preempts the field of regulation of firearms and ammunition to the state, except as expressly provided by generallaw.2 The intent of the act states: It is the intent of this section to provide uniform firearms laws in the state; to declare all ordinances and regulations null and void which have been enacted by any jurisdictions other than state and federal, which regulate firearms, ammunition, or components thereof; to prohibit the enactment of any future ordinances or regulations relating to firearms, ammunition, or components thereof unless specifically authorized by this section or general law; and to require local jurisdictions to enforce state firearms laws.3 ---- Local governments may use their home rule powers to enact ordinances not inconsistent with generallaw.4 Local governments may legislate concurrently with the Legislature on any subject that has not been expressly preempted to the state.5 Florida law recognizes both express and implied preemption, and express preemption must be made through a specific legislative statement, using clear language.6 A municipality may not forbid what the Legislature has expressly authorized, nor may it authorize what the Legislature has expressly forbidden.7 The Legislature has preempted regulation of numerous areas of law to the state, including operation of the state lottery,S use of electronic communication devices in motor vehicles,9 and interdistrict transfers of groundwater.1o In cases determining the validity of ordinances enacted in the face of state preemption, the effect has been to find such ordinances null and void. 11 In 2000, the City of South Miami passed City Ordinance Number 14-00-1716, which required locking devices on firearms stored within the city. In 2002, Florida's Third District Court of Appeal held the ordinance null and void, stating that local governments were preempted from regulating firearms by section 790.33, F.S.12 Despite the express preemption stated in section 790.33, F.S., and the court's decision in the City of South Miami case, local governments have regulated or considered regulating firearms in a variety of ways, including measures that would prohibit concealed carry permit holders I Chapter 87-23, L.Q.F. 2 Section 190.33, F.S. 3 Section 790.33(3), F.S. 4 Art. VIII, s. 1(f, g), Fla. Const.; see also Sarasota v. Browning, 28 So.3d 880, 885-86 (Fla. 2010). s City ofHollywoodv. Mulligan, 934 So.2d 1238, 1243 (Fla. 2006). 6 Sarasota, 28 So.3d at 886. 7 Rinz/er v. Carson, 262 So.2d 661,668 (Fla. 1972). 8 Section 24.122, F.S. 9 Section 316.0075, F.S. 10 Section 373.2295(10), F.S. 11 See, e.g., Not '[ Rifle Ass 'n of Am., Inc. v. City ofs' Miami, 812 So.2d 504 (Fla. 3d DCA 2002). 12 Id -. Page I 2 Packet Page -2677- 9/27/2011 Item 17.E. ~ from lawfully carrying their firearms on municipal or county property13 or ban high- capacity ammunition clips.14 Section 790.33(1), F.S., preempts local governments from regulating firearms and ammunition unless expressly authorized to do so by general law. The statute specifies that regulation includes the purchase, sale, transfer, taxation, manufacture, ownership, possession, and transportation of firearms and ammunition. The statute does not currently specify that the storage of firearms is included within the term "regulation." Exceotions to Preemotion Florida law and the Florida Constitution contain exceptions to the general rule that firearm regulation is preempted to the state. Currently, Section 790.33, F.S., contains a limited exception allowing Jocal governments to enact ordinances governing a three-day handgun purchase waiting period.is The following are exempt from waiting period ordinances under the Joe Carlucci Act: . Individuals who are licensed to carry concealed firearms under the provisions of s. 790.06, F.S., or who are licensed to carry concealed firearms under any other provision of state law and who show a valid license; . Individuals who already lawfully own another firearm and who show a sales receipt for another firearm, who are known to own another firearm through a prior purchase from the retail establishment, or who have another firearm for trade-in; . Law enforcement or correctional officers as defined in s. 943.10, F.S.; . Law enforcement agencies as defined in s. 934.02, F.S.; . Sales or transactions between dealers or between distributors or between dealers and distributors who have current federal firearms licenses; or . Any individual who has been threatened or whose family has been threatened with death or bodily injury, provided the individual may lawfully possess a firearm and provided such threat has been duly reported to local law enforcement. ,......... Adopted in 1998, Article VIII, s. 5(b) of the Florida Constitution authorizes counties to require a criminal records check and a 3 to 5-day waiting period in connection with the sale16 of any firearm occurring within such county.17 Section 790.0655, F.S. adopted the exceptions from the waiting period for concealed weapons permit holders and handgun trade-ins as required by the 1998 amendment to the Constitution. The Constitution prevails over all local ordinances. Because the Joe Carlucci Act predates the Constitutional provision, and the exemptions listed in the Act were not specified in the Constitution, the exemptions are null and void. 13 Lee County Ordinance 06-26 banned firearms from county parks. On October 26, 2010. the county passed ordinance 10- 41 which repealed the 2006 ban. 14 Palm Beach County considered an ordinance banning high capacity ammunition clips, but rescinded from consideration because of the preemption. Andy Reid, PBC Gun Control Advocates Suffer More Setbacks, SUNSENTINEL.COM, Feb. 15, 2011, http://www.palmbeachpost.comlnews/palm-beach-county-commissioner-presses-for-ban-on-1216890 . htm I. IS Section 790.33(2), F.S. (1988). Note: At the time of enactment in 1987, the Act provided the exception for a 48-hour waiting period. 16 The term "sale" is defined as "the transfer of money or other valuable consideration for any firearm when any part of the transaction is conducted on property to which the public has the right of access." Art. VIII, s. 5(b), Fla. Const. 17 Concealed weapons permit holders do not have to comply with the waiting periods when purchasing a firearm. Art. VIII, s. 5(b), Fla. Const. .-.... Page I 3 Packet Page -2678- 9/27/2011 Item 17.E. .--- Immunitv for Leaislative Acts The general rule under the common law is that legislators enjoy absolute immunity from liability for performance of legislative acts.18 Absolute immunity for legislators has historically been recognized as a "venerable tradition" which has withstood the development of the law since pre-colonial days.19 Courts have upheld absolute immunity for legislators at all levels of law-making, including federal, state, and local government levels.20 The courts' reasoning behind such holdings is that when legislators hold legislative powers, they use them for the public good, and are exempt from liability for mistaken use of their legislative powers. 21 Furthermore, courts fear that allowing personal liability could distort legislative discretion, undermine the public good by interfering with the rights of the people to representation, tax the time and energy of frequently part-time citizen-legislators, and deter service in local govemment,22 When unlawful ordinances have been enacted, the freedom from personal liability does not make the legislative product itself valid. 23 In such instances, affected citizens have been able to challenge the validity of such ordinances by suing to have them declared invalid or have a court enjoin enforcement. 24 Courts have found that legislators may be subject to personal liability when they lack discretion.25 Such situations typically exist when legislators are subject to an affirmative duty, such as when a law or court order has directed them to levy a tax. Such acts are labeled "ministerial," as opposed to "legislative," acts.26 Arguably, an express and clear preemption would remove discretion from local government officials seeking to engage in lawmaking in the preempted field. --- Liens on Municipal Property in Satisfaction of Judaments Section 55.11, F.S., states that "[n)o money judgment or decree against a municipal corporation is a lien on its property nor shall any execution or any writ in the nature of an execution based on the judgment or decree be issued or levied." In other words, while a party may be awarded money damages in a suit against a municipality, municipal propecty may not be subject to a lien to satisfy such an award in the absence of express statutory authorization.27 In the absence of such authorization, a writ of mandamus is "the only vehicle for enforcing judgment against the government."28 Thus, the Legislature may authorize the satisfaction of an award of damages by seizure of municipal property. IS See Tenney v. Brandhove, 341 U.S. 367 (1951). 19 Bogan v. Scott-Harris, 523 U.S. 44 (1998). For additional examples of where absolute immunity ofIegislative acts has been recognized, see Harlow v. Fitzgerald, 457 U.S. 800 (1982); Lake Country Estates v. Tahoe Regional Planning Agency, 440 U.S. 391 (1979); Hough v. Amato, 269 So.2d 537 (Fla. 1st DCA 1972); Jones v. Loving, 55 Miss. 109 (1877); Ross v. Gonzales, 29 S.W.2d 437 (Tex. Ct. App. 1930). 20 Bogan, 523 U.S. 44. 21 Id. at 50-51 (citing Jones v. Loving, 55 Miss. 109). 22 Id. at 52. 23 Tenney v. Brandhove, 341 U.S. at 379. 24 See. e.g., Bogan, 523 U.S. 44; Lake Country Estates v. Tahoe Regional Planning Agency, 440 U.S. 391 (1979); Tenney, 341 U.S. 367. 25 Bogan. 523 U.S. at 51.52. 26 See id. 27 See Berek v. Metro. Dade County, 396 So.2d 756, 759 n.4 (Fla. 3d DCA 1981). 28 N. Coats v. Metro. Dade County, 588 So.2d 1016, 1017 (Fla. 3d DCA 1991). ,- Page I 4 Packet~age-2679- 9/27/2011 Item 17.E. ~ Effect of the Bill Intent The bill preserves current language that the intent of the Legislature is to occupy the whole field of regulation of firearms and ammunition except as expressly provided by general law, or as provided by the Florida Constitution. The bill adds the following legislative intent language to s. 790.33, F.S.: It is further the intent of this section to deter and prevent the violation of this section and the violation of rights protected under the constitution and laws of this state related to firearms, ammunition, or components thereof, by the abuse of official authority that occurs when enactments are knowingly passed in violation of state law or under color of local or state authority. Clarification of Preemption In order to clarify the preemption, the bill adds additional details about the methods by which local governments or agencies may violate the preemption. The bill amends s. 790.33(1), F.S., to expand the preemption of regulation to also include the storage of firearms and ammunition. Thus, unless expressly authorized by the Constitution or general law, local governments will be preempted from regulating how firearms and ammunition are stored. In subsection (4) of s. 790.33, F.S., as created by the bill, a provision excepting certain zoning ordinances in the original Carlucci Act has been relocated and other exceptions to the prohibitions are set forth in the bill. Specifically, the bill does not prohibit: . Zoning ordinances that encompass firearms businesses along with other businesses (zoning ordinances that are designed for the purpose of restricting or prohibiting the sale, purchase, transfer, or manufacture of firearms or ammunition as a method of regulating firearms or ammunition are prohibited); . Law enforcement agencies from enacting and enforcing firearm-related regulations within their agencies; . The entities subject to the bill's prohibitions from regulating or prohibiting employees from carrying firearms or ammunition during the course of their official duties, except as provided in s. 790.251, F.S.; . A court or administrative law judge from resolving a case or issuing an order or opinion on any matter within the court or judge's jurisdiction; or . The Florida Fish and Wildlife Conservation Commission from regulating the use of firearms or ammunition as a method of taking wildlife and regulating the shooting ranges managed by the Commission. ~ The bill strikes subsection (2) of 790.33, which is the section regarding waiting periods and waiting period exemptions. Because these sections of the Joe Carlucci Act predate the relevant language in the Constitution and 790.0655, F.S., striking this language clarifies current state law. ,-., Page I 5 Packet Page -2680- 9/27/2011 Item 17.E. ~ Penalties The bill prohibits a person, county, agency, municipality. district. or other entity from enacting or causing to be enforced local ordinances or administrative rules or regulations that violate the preemption statute and provides penalties. If any county. city, town, or other local government violates the above prohibition, the bill requires the court to declare the improper ordinance, regulation, or rule invalid and issue a permanent injunction against the local government from enforcing such ordinance, regulation, or rule. It is not a defense that, in enacting the ordinance. regUlation or rule, the local government was acting in good faith or upon advice of counsel. The bill also requires the court to assess a civil fine of up to $5,000 against the elected or appointed local government official or administrative agency head under whose jurisdiction a violation occurred if the court determines that a violation was knowing and willful. Except as required by law, public funds may not be used to defend or reimburse the unlawful conduct of any person found to have knowingly and willfully violated the preemption statute. The bill provides that a knowing and willful violation by a person acting in an official capacity for any entity enacting or causing to be enforced a local ordinance or administrative rule or regulation shall be grounds for termination of employment or contract or removal from office by the Governor. ~ The bill also allows for civil actions. A person or organization whose membership is adversely affected by any ordinance. regulation, measure, directive. rule, enactment. order. or policy promulgated or caused to be enforced in violation of the preemption statute may sue any county, agency. municipality, district or other entity for declaratory and injunctive relief and for all actual damages caused by the violation. In such suits, courts shall award the prevailing plaintiff: . · Reasonable attorneys fees and costs, in accordance with the laws of the state, including a contingency fee multiplier as authorized by law; and · The actual damages incurred, but not more than $100,000. The bill provides that interest on awarded sums will accrue at the legal rate from the date of which suit was filed. II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT. A. FISCAL IMPACT ON STATE GOVERNMENT: 1. Revenues: None. 2. Expenditures: See uFiscal Comments. It ~ Page I 6 Packet Page -2681- 9/27/2011 Item 17.E. ~ B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 1. Revenues: None. 2. Expenditures: See "Fiscal Comments." C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: None. D. FISCAL COMMENTS: The damages and attorney's fees which may be awarded to prevailing plaintiffs could have a negative fiscal impact on state and local governmental entities who willfully violate the statute. ~ ~ Page I 7 Packet Page -2682- 9/27/2011 Item 17.E. ~ Florida Attorney General Advisory Legal Opinion Number: AGO 2009-24 Date: May 27,2009 Subject: City council member carrying firearm in council meeting Mr. Matt E. Dannheisser Gulf Breeze City Attorney 504 North Baylen Street Pensacola, Florida 32501 RE: MUNICIPALITIES - FIREARMS - CONCEALED WEAPONS - MEETINGS _ whether city council meeting is "place of business" in which city council member can carry firear.m. ss. 790.06 and 790.25, Fla. Stat. Dear Mr. Dannheisser: -., As City Attorney for the City of Gulf Breeze and on behalf of Councilman Joseph B. Henderson, a member of the Gulf Breeze City Council, you have asked for my opinion on substantially the following question: Notwithstanding the prOV1S1ons of section 790.06(12), Florida Statutes, may a member of a municipal city council who holds a concealed weapons license carry a concealed weapon during city council meetings pursuant to the "place of business" exception set forth in section 790.25 (3) (n), Florida Statutes? In sum: It is my op1n1on that a member of a municipal city council may not carry a weapon or firear.m during a city council meeting pursuant to the "place of business ,. exception set forth in section 790.25(3) (n), Florida Statutes. Further, it is irrelevant to resolution of this question that the city council member possesses a concealed weapons license as section 790.06, Florida Statutes, clearly prohibits the carrying of concealed weapons into any meeting of the governing body of a muniCipality. ~ According to your letter, a council member on the City Council Packet Page -2683- 9/27/2011 Item 17.E. of the City of Gulf Breeze holds a concealed weapons license ~ issued pursuant to section 790.06, Florida Statutes. This council member is aware of the prohibition set forth in section 790.06(12), Florida Statutes, prohibiting any person from carrying a weapon or firearm into any meeting of the governing body of a county, public school district, municipality, or special district. However, section 790.25(3) (n), Florida Statutes, provides that it is lawful for a person to possess firearms at "his or her home or place of business" and the council member has asked whether he may lawfully carry his firearm into city council meetings. You advise that regular meetings of the Gulf Breeze City Council occur on the first and third Mondays of each month. An executive session of the City Council, at which time matters to be considered during the council's regular meetings are discussed, but no final or official action is taken, are held on the Wednesday preceding each regular meeting. In addition, there are occasional special meetings of the Gulf Breeze City Council as well as workshop meetings at which members of the City Council are expected to attend. Moreover, certain members of the City Council are ex officio members of standing boards or committees established by ordinance. The membership on those boards or committees will generally rotate among council members. Council ,~ members receive only nominal compensation for their service on the Gulf Breeze City Council and are reimbursed for certain expenses incurred in connection with the performance of their duties. Section 790.25, Florida Statutes, describes the lawful ownership, possession, and use of firearms and other weapons. The Legislature has stated its intent for adopting these provisions: liThe Legislature finds as a matter of public policy and fa.ct that it is necessary to promote firearms safety and to curb and prevent the use of firearms and other weapons in crime and by incompetent persons without prohibiting the lawful use in defense of life, home, and property, and the use by United States or state military organizations, and as otherwise now authorized by law, including the right to use and own firearms for target practice and marksmanship on target practice ranges or other lawful places, and lawful hunting and other lawful purposes. n [1] In recognition of this policy, the Legislature has set forth a number of lawful uses of firearms and other weapons, ammunition, .-... Packet Page -2684- . 9/27/2011 Item 17.E. ~ and supplies in subsection (3) of the statute. The statute provides that sections 790.053 (making it unlawful to openly carry a firearm) and 790.06 (making it illegal to carry a concealed weapon or firearm without a license) do not apply in the enumerated instances and that it is lawful for the specified persons to own, possess, and use firearms for lawful purposes including the general authorization to possess firearms at home or at work. [2] However, despite the general language elsewhere in the statutes, section 790.06(12), Florida Statutes, provides that II [n]o license issued pursuant to this section shall authorize any person to carry a concealed weapon or firearm into . . . any meeting of the governing body of a county, public school district, municipality, or special district[.J" Thus, while the Gulf Breeze City Council member may be licensed to carry a concealed weapon, this license is irrelevant to the issue of whether a city council member may carry his or her weapon into a city council meeting as the absolute prohibition expressed in section 790.06(12), Florida Statutes, would overcome any more general authorization expressed elsewhere in Chapter 790, Florida Statutes. [3J ~ Thus, it is my opinion that section 790.06(12), Florida Statutes, prohibits a member of a municipal city council from carrying a concealed weapon or firearm during a city council mee.ting. Sincerely, Bill McCollum Attorney General .-...... Packet Page -2685- 9/27/2011 Item 17.E. .NRA / [LA Ftrearms Laws for FLORIDA IJ I::- lfCL lllLLltlLT (As oj DLccrnbcr, 2009) Compiled by: NRA-Jnstitu~ for Legislarive Action 11250 Waples Mill Road Fair/a"l;, Virginia 22030 (800) 392-8683 u,wuJ.11raila.org A SYNOPSIS OF STATE LAWS ON PURCHASE, POSSESSION AND CARRYING OF FIREARMS. QUICK REFERENCE CHART Permit to Purchase Registration of Firearms Licensing of Owners Permit to Carry Rilles and ShmgullS No No No No Handguns No No No Yes STATE CONSTITUTIONAL PROVlSION "(a) The right of the people to keep and bear arms in defense of themselves and of the lawful authority of the state shall not be infringed. except that the manner of bearing arms may he regulated by law. (b) There shall be a mandatory period of three days. excluding weekends and legal holidays. between the purchase and delivery at retail of any handgun. For the purposes of this section, "purchase" means the transfer of money or other valuable consideration (0 the retailer. and "handgun" means a firearm capablc of being carried and used by one hand. such as a pistol or revolver. Holders of a concealed weapon permit as prescribed in Florida law shall not be sub;ect to the provisions of this paragraph. (c) . . . anyone violating the provisions of subsection (b) shall be guilty of a felony. (d) This restriction shall not apply to a trade in of anorher handgun." Article I. Section 8. The legislature of the State of Florida, in a declararion of policy incorporated in its" Weapons and Firearms" statute, recognizes that adult citizens of the state retain their constirutional right to keep and bear fir.:-arms for hunting and sporring activities and for defense of self. family. home. and business and as collectibles. PURCHASEAND POSSESSION No state permit is required (0 possess or purchase a tiRe. shotgun or handgun. It is unlawful for any convicted felon to have in his or her care. custody, control. or possession any fin:arm or to carry a concealed weapon unless his civil rights have been restored. It is unlawful for the following persons co own. pos.~ess or lIse any firearm: drug addiCts. alcoholics, me oral inl.'ompetents. and vagrants. A person may not have in his or her c.ue. custody. possession. or control any firearm or ammunition if rhe p.:rson ha.. b.,en issued a final injunction rhat is currently in force and effect, restraining that person from committing acts of domestic violence. It is unlawful to sell. give, baner. lend or transfer a firearm or other weapon other than an ordinary pocketknife to a minor less than the age of 18 without his parent's permis.~ion. or to any person of unsound mind. It is unlawful for any dealer to sell or rransfer any firearm, pistol. Springfield riRe or other repeating rifle to a minor. A minor less than 18 years of age may not possess a firearm. oth.:-r than an unloaded firearm at his home. unless engaged in lawful al.'rivities. No licensed gun dealer. manufacturer or importer shall sell or deliver any firearm to anorher person until he has obtained a completed form from the potential buyer or transferee and received approval from the Department of Law Enforcement by means of a toll-free telephone call. The Depanmem of Law Enforcement shall destroy records of approval and non-approval within 48 hours afrer its response. The fee for the instant check shall be S8.00. Exempt from the instant check are licensed dealers. manufacturers, importers, collecrors. persons with a concealed carrying license. law enforcemeor. correctional and correctional probation officers. Excluding weekends and legal holidays. there is a three-day wairing period to purcha.~e a handgun from a retail establishment. Exempt from the waiting period are concealed weapons permit holders and those trading in another handgun. CARRYING Unless covered under the exceptions, it is unlawful co openly carry on or aoout the person any firearm, or co carry a concealed firearm on or about the person without a license. Exceptions: 1. Persons having firearms at their home or place of business. 2. Enrolled members of clubs organized fot target. skeet. or rrapshooting, while at, or going co or from shoaring practice. 3. Members of clubs organized for collecting antique or modern firearms while at or going to or from exhibitions. 4. Persons engaged in fishing. camping or huming and while going to or from such activity. 5. Persons engaged in target shoaring under safe conditions and in a safe place or while going to or from such place. 6. Persons wbo are firing weapons for target ptactice in a safe and secure indoor range. 7. Petsons traveling by private conveyance if the weapon is securely encased. or in a public conveyance if the weapon is securely encased and not in the perso'n's manual possession. 8. Persons carrying a piscol unloaded and in a secure wrappet from place of purchase 10 their home or to a place of repair and back. 9. Persons engaged in the business of manufacturing, repairing or dealing in firearms. . 10. Military. law enforcement personnel and private guards while so empl()yed. ] t i, lawf uJ (() posse,s a concealed firearm for self-defense or other lawful purposes within the interior of a private conveyance. without a license. if the firearm is securely encased or is otherwise nar readily accessible for Immediare use. A firearm other than a handgun may be carried anywhere III a private conveyance when such firearm is being carried for a lawful use. This exemption does nor authorize the carrying of a firearm concealed on the person. Employers may nor prohibit rheir employees who are properly licensed under Florida law to carry a handgun. from storing any legally owned firearm inside a locked, privatdy-owned mOlOr vehicle that is lawfully preseor in a parking lot maintained by the employer. An application for a license to carry a handgun concealed is made to the Department of Agriculture. The license is valid fot seven years and is honored throughout the stare. The application shall be completed. under oath, on a form promulgated by the Departmenr of Agriculture and shall include the applicant's name. address. place and date of birch. race. and occupation. The initial license fee is not to exceed $85 plus the cosr of processing the fingerprinr card. The renewal fee is not co exceed $70 (fingerprint card is not required on renewal licenses) . However. at the discretion of the Department of Agriculture. the fees may be lower than the statutoty cap. Packet Page -2686- Fingerprindng must be conducted by a law enforcemem agency of rhe srate. The sheriff's office: shall providc fin!!:erprinring service w the: applic:Jnr and may charge a fee not to exceed $5, The Deparrmenr of Agriculrure shall issue a license if the applicanr: (a) is at least 21 and a resident of the United States; (b) does not suffer from a physical infirmity which prevelllS rhe safe handling of a firearm; (c) is not a convicted felon; (d) has not within a three-year period preceding submission of the applicadon been convicted of a crime of violence or committed for drug abuse or been convicted of a minor drug offense; (e) has not been adjudicated guilty even with a suspended sentence for a felony or misdemeanor crime of domesdc violence, unless rhree years has elapsed since probation or the record is sealed or expunged; (f)is not currently under any injunction restraining the applicam from acts of domestic violence or repeated acts of violence; (g) has not been adjudicated an incapacitated petson. unless he has waired five years from rhe date of his court-ordered restoration to capacity. or been committed to a mental institution, unless he possesses a psychiatrist's certificare that he has not suffered from the disability for five years; (h) is not a chronic or habitual drunkard; {i} demonstrate.., compcteno: with a firearm by a variety of means; and (j) states that he desires a legal means ro carry a concealed weapon or firearm for lawful self-defense. A license shall not authori7.e any person to carry a concealed weapon or firearm imo any place of nuisance. police station. detemion facility. courthouse, polling place. meeting of any state, county. municipal. or special district governing body, any school. any professional or school athleric event not related to firearms. portion of an establishmenr licensed to dispense alcoholic bevetages for consumption on the premises, inside the.sterile and passenger area of an airport. or any place where the carrying of firearms is prohibited by federal law. The Department of Agriculture musr be norified within 30 Jays of changing a permanent address, destrucrion or losing a license. A duplicate license costs $15.00. A person musr carry hi. license tOgether wirh valid identification. such as a driver's license. The licensing law shall be liberally construed to carry out the: Constitutional right to bear arms for self-defense. A resident of the United Stares who is a nonresident of Florida. may carry a concealed weapon or concealed firearm while in this srate if that person is 21 years of age or older. has in his or her immediate possession a valid license to carry a concealed weapon or firearm issued by the state of their residence. and abides by the Florida laws on carrying a concealed weapon or firearm. ANTIQUES AND REPLICAS Unless used in the commission of J crime. the term firearm shall not include an antique firearm. An antique firearm is any firearm manufactured in or before 1918 (including any matchlock, Aintlock. percussion cap, or similar early type of ignition system) or replicas thereof. wherher actually manufactured before or after the year 1918. and also any firearm using fixed ammunition manufactured in or before 1918. for which ammunition is no longer manufactured in the United States and is nor readily available in the ordinary channels of commercial trade. MACHINE GUNS The possession of a machine gun. defined a.~ any firearm which shoors. or is designed to shoot. automarically. more than one shOt without manually reloading, by a single function of the trigger. is prohibited unless lawfully owned and possessed under provisions of federal law. MISCELLANEOUS Under Florida law. there is no "dury to retreat" if you are anacked in any place you have a lawful right ro be. Instead, you may stand your ground and 9/27/2011 Item 17.E. m("Ct force with force. including deadly force. if you rca.mnably believe it is necessary to prevent death or grc:at bodily harm to yourself or others. Use of a firearm. BB gon, air or gas-operated guns. or electric weapons or devices by a minor under the age of 16 is prohibited unle..~ the minor is under the supervision and in the presence of an adulr who is acting with the consent of rhe minor's parent. Florida has mandatory semence enhancements for any serious felony. such as murder, rape, aggtavated assault. burglary or robbery. committed with a firearm. The penalty is increased if a machine gun or a semiautomatic firearm wirh magazine capacity of more than 20 cenrerfire cartridges is possessed during a serious felony or narcotics offense. It is unlawful to knowingly discharge a firearm in any public place. or on the right of way of any paved public road, highway or street or over any road. highway. sn'eet or occupied building. except in defense of life or property. in performance of offi"ial duties or where expressly approved for hunting. Except during the hunting season as established by law. it is unlawful to carry a firearm within the limit., of a national forest area. Exempt are persons who have obtained a special permit by the county commissioners or persons traveling on srate roads when the firearm is securely locked within a vehicle. It is unlawful to havt' or carry a firearm in the presence of one or mort' persons and exhibir the firearm in a rude, careless. angry, or threatening manners. except in cases of self-defense. The srate legislature has preempted the regulation of firearms and ammunition. No political subdivision of the state may bring legal action against a firearms or ammunition manufacrurer or distributor for the legal manufacture. marketing. distribution. and sale of firearms and ammunition. Owners, operators, and users of spon shooting ranges have limited liability for the accumulation of any projectiles on their range, Ir is unlawful to sell. deliver, or use ro assist in the commission of a crime any bullet, which has a steel inner core. or core of equivalent hardness and truncated cone and which is designed for use in a handgun as an armor. piercing bullt-t. It is unlawful to Slore or leave a firearm in any place within reach or easy access of a pt'rson less rhan 18 years of age. This provision does not apply to; 1. A firearm stored in a securely locked box or container. or in a location which a reasonable person would have believed to be secure, or securely locked with a trigger lock; 2. A minor who obtains a firearm by means of unlawful entry by any person; 3. Minors engaged in a lawful markmlanship competition or ptactice or other lawful recreational shooting activiry; 4. Any person carrying rhe firearm on his or her body or within such close proximity therero rhat he or she can rerrieve and use it as easily and quickly as if he or she carried it on his or her body. Whoever. rhrough culpable negligen"ce. srores or leaves a loaded firearm within the reach or easy access of a minor less rhan 16 years of age commits a fClony of thc third degree. if the minor obtains the firearm and uses it to inflict injury or death upon himself or herself or any other person. This subsection does not apply: 1. If the firearm was stored or lefr in a securely locked box or container or in a location which a reasonable person would have believed to be secure. Ot was securely lncked with a rrigger lock; . 2. If rhe minor obtains the firearm as a result of an unlawful entry by any person; 3. 10 in;uries resulring from target or sporr shooting accidents or huming accidents; or 4. To members of the Armed Forces. National Guard. or State Militia, or to police or other law enforccmelH officers. with respect to firearm possession by a Illinor which occurs during or incidental to the performance of their official duties. Source: FLA. STAT ANN. ~~ 784.05; 790.001; 790.01; 790.15; 790.53; 790.06; 790.065: 790.655; 790.07; 790.10: 790.11; 790.15; 790.16; 790.17; 790.174; 790.175; 790.18; 790.19; 790.22; 790.221; 790.233: 790.235; 790.33; 790.33 J; and 790.333 Packetpage-2687- Gun laws in Florida - Wikipedia, the free encyclopedia 9/27/2011 Item 17.E. Gun laws in Florida ,......... From Wikipedia, the free encyclopedia Gun laws in Florida regulate the sale, possession, and use of firearms and ammunition in the state of Florida in the United States. Florida is a "shall issue" state, and issues concealed carry permits to both residents and non-residents. Florida recognizes permits from any other state which recognizes Florida's permit, provided the non- resident individual is a resident of the other state and is at least 21 years oldY] Contents . 1 Overview . 2 Vehicle Carry . 3 Open Carry . 4 Regulations . 5 Castle Doctrine . 6 Firearm Sales . 7 See also . 8 References L-..___n____~.___ _n_.." Overview ,......... Relevant Statutes Notes No None Fireann registration? : "Assault i weapon" law? No ,.,- -.----_. .-------. .--. i Owner license No !_r.e9.1I~r.e~?_n__ I i I I No No None No 'Chapter 790.06 (http://www.f1senate.gov/Statutes/index.cfm? : App_mode=Display _ Statute&Search _ String=&URL=0700- 0799/0790/Sections/0790 .06.html) Concealed : carry only; no open carry allowed, even with : permit I .. .-.. .---....- _._-...--...+_._-_._--~- ---- ..-.' .No ! Carry permits No i issued? i I Yes j_._-~._-,. -.._.... .... f State I Preemption of Chapter 790.33 (http://www.f1senate.gov/Statutes/index.cfm? ilocal Yes iYes App_mode=Display_Statute&Search_String=&URL=0700- , t' f ? , 0799/0790/Secttonsl0790.33.html) r~~~:;:~~rt~-7~u-n1~ - -TN . "_n_'. __nu_____'_ 'l restricted? . 0 ; 0 ! one ,-----..-;-.....--.-~-,._.._.._..,-'_...-'--r .-- ....-. - ..... --- ...--....-.-..-...---------...--.-. I ~;;;;~I:W~?__~~~m__~~~____.__.__.~_~.n~_. _.. ......_. _._. . ..~--------.--~ : Federal rules : ; observed. i ~ h .//' 'k' d' / /. d h? . I - Packet Page -2688- & . bl ttp. en.W1 Ipe la.org w m ex.p p. tit e-c._u_._..~__..__ _____a prmta e=yes 8/15/2011 Gun laws in Florida - Wikipedia, the free encyclopedia 9/27/2011 Item 17.E. .-. Vehicle Carry Vehicle carry without a permit is allowed either in a snapped holster in plain view, or when the firearm is concealed if the firearm is "securely encased". "Securely encased" means in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for accesspl (Note: this legal condition is not the same as "encased securely.") Vehicle carry without a permit is permitted when concealed even ifit is not "securely encased" if the firearm is not "readily accessible". Vehicle carry on one's person inside a vehicle without a permit is not allowed. Open Carry Open carry when on foot in a public area is generally not permitted, but is allowed in certain circumstances, as defined in Florida statute 790.25(3). For example, open carry is permitted while hunting, fishing, or camping, or while target shooting, or while going to or from such activities. [3] When hunting on private land, or on properties expressly approved for hunting by the Fish and Wildlife Conservation Commission or Division of Forestry, open carry is also permitted. State preemption laws prohibit localities from regulating firearms, other than with regards to zoning laws (i.e., for restricting where gun sellers may locate their businesses.) Regulations .-.. Firearm regulations are uniform throughout the state, and a carry permit is valid throughout the state, in all areas other than in a few specially-defined areas. These specially-defined prohibited areas include: -- . in or around specially-marked buildings/grounds (notably, mental hospitals and any hospitals with provisions to treat mental illness, where concealed carry is a felony even with a permit (F.S. 394.458). F.S 394.458 does state concealed carry is prohibited "unless authorized by law". Since F.S. 790.06(12) does not prohibit concealed carry in hospitals that treat mental illness by permit holders, it can be inferred that concealed carry with a permit is allowed. Caution is advised since there currently is no case law. In other words, no case has been referred to a Grand Jury nor has any person been tried for violating the law. One Florida resident was arrested but the charges were subsequently dropped after their attorney successfully argued the permit holder was excepted. Be advised each county's prosecutor may have a different opinion. . any place of nuisance 790.25(2)b3 & 823.05 . Sheriffs Office, . Police Station, . Jail, . Prison, . Courthouse, . Polling Place, . any Governmental Judicial meeting, . any school or college, . lounges, . bars, . airports, . professional athletic event, and h 1/ .k' d' / /. d h? . I - Packet Page -2689-J & . bl ttp: en.wI Ipe la.org w 10 ex.p p.tIt e-__.._._..~_..._. ._u a prmta e=yes 8/15/2011 Gun laws in Florida - Wikipedia, the free encyclopedia 9/27/2011 Item 17.E. . any federal buildings or property. ~. Castle Doctrine As of October 1,2005, Florida became a "Stand-your-ground" state. The Florida law is a self-defense, self-protection law. It has four key components: 1. It establishes that law-abiding residents and visitors may legally presume the threat of bodily hann or death from anyone who breaks into a residence or occupied vehicle and may use defensive force, including deadly force, against the intruder. 2. In any other place where a person "has a right to be," that person has "no duty to retreat" if attacked and may "meet force with force, including deadly force ifhe or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another to prevent the commission of a forcible felony." 3. In either case, a person using any force permitted by the law is immune from criminal prosecution or civil action and cannot be arrested unless a law enforcement agency determines there is probable cause that the force used was unlawful. 4. If a civil action is brought and the court finds the defendant to be immune based on the parameters of the law, the defendant will be awarded all costs of defense. As of July 1,2008, Florida became a "Take your gun to work" state (F.S. 790.251). A new statewide Florida law went into effect on this date prohibiting most businesses from firing any employee with a Concealed Weapon License for keeping a legal firearm locked in their vehicle in the company parking lot. The purpose of the new law is to allow CWL holders to exercise their Second Amendment rights during their commutes to and from work. Exceptions listed in F.S. 790.251(7) include school property, correctional institutions, property where a nuclear-powered electricity generation facility is located, property upon which substantial activities involving national defense, aerospace, or homeland security are conducted, prope~ upon which the primary business conducted is the manufacture, use, storage, or transportation of combustible or explosive materials, a motor vehicle owned/leased/rented by your employer, and any other property upon which possession of a firearm is prohibited pursuant to any federal law, contract with a federal government entity, or general law of Florida. A case was filed against Walt Disney World Resort by Edwin Sotomayor, a former Disney security guard who was fired, despite having a CWL, for having a firearm locked in his car on July 1, in violation of Disney's pre- existing and strict no weapons allowed policy. The case was later dropped by the plaintiff citing personal and financial reasons. Disney claims that they are exempt from the new state law, on the basis of their having a fireworks license for conducting nightly fireworks shows at Disney World.{4][5J ~ Firearm Sales Florida law allows private firearm sales between residents without requiring any processing through an FFL. Florida law also permits larger municipalities to elect to require a concealed carry permit for a buyer to purchase a gun at a gun show from another private individual without any delay, but in practice, this applies only to a few of the largest municipalities (Miami, Orlando, etc.) where it has been invoked. Currently, Florida's Concealed Weapon License is one of the most widely-recognized, state-issued concealed weapon permit. The resident Florida Concealed Weapon License is recognized in thirty-five different states, while the non-resident Florida Concealed Weapon License is recognized in thirty states. [6] ~ h .// 'k' . d' / /. d h? . I - Packet Page -2690- &. 1 ttp. en.W1 Ipe la.orgwm ex.p p.tlte-l._.._._..~_..._.wu_a pnntabe=yes 8/15/2011 Gun laws in Florida - Wikipedia, the free encyclopedia 9/27/2011 Item 17.E. See also ..-.. . Gun laws in the United States (by state) References 1. ^ Florida Statutes, Chapter 790: Weapons and Firearms (http://www.flsenate.gov/Statutes/index.cfm? App _ mode= Display _ Statute&URL=0700-0799/0790/0790Contentslndex.html&Statute Year=20 1 O&Title=% 2D%3E20] 0%2D%3EChapte~1020790) 2. ^ Florida Statutes, Chapter 790.001(17): Weapons and Firearms (http://www.flsenate.gov/Statutes/index.cfm? App _mode=Display _ Statute&Search _ String=&URL=0700- 0799/0790/Sections/0790.00 1.html) 3. ^ Florida Crimes Code Section 790.25 at Law and Legal Research (http://law.onecle.com/florida/crimesn90 .25 .html) 4. ^ "Walt Disney World Fires Back on Guns at Work", Orlando Sentinel, July 3, 2008 (http://www.orlandosentinel.comlbusiness/orl-disney gunsO 308 juJO 3,0, 197883 .story) 5. ^ "After Protesting Gun Rule, Disney Guard is Fired", Orlando Sentinel, July 8, 2008 (http://www.orlandosentinel.comlbusiness/ orl-disney gun0808 juI08,O, 3 963 293. story) 6. ^ Florida Department of Agriculture and Consumer Services - Division of Licensing (http://licgweb.doacs.state. fl. us/news/concealed _carry .html) Retrieved from ''http://en. wikipedia.org/wiki/Gun _laws _ in_Florida" Categories: Florida law I United States firearms law ..-. . This page was last modified on 21 May 2011 at 02: 01. . Text is available under the Creative Commons Attribution-ShareAlike License; additional terms may apply. See Terms of use for details. Wikipedia@ is a registered trademark of the Wikimedia Foundation, Inc., a non-profit organization. . ..-. h -// ok' d' /;. d h? . 1 -I Packet Page -2691- & . bI ttp. en.wI Ipe la.org W In ex.p p. tIt e-~_"_'_"~_"A_' WA._a prmta e=yes 8/15/2011 ~oOtemnp.r In .t.v I l NonCE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that on September 27. 2011 in the Boardroom. 3rd FlOor, Administration Building. Collier County Government Center, 3299 East Tamianil' Trail. Naples. Florida. the Board of County Commissioners will consider the enactment of County Ordinances. The meeting will commence at 9:00 A.M. The titles of the proposed Ordinances are as follows: . ,-....... . . C>> Z ~ :; Q . CD - Q. as Z AN ORDI NANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER' COllN~ TY. FLORIDA. REPEALING ORDINANCE NO. 70-10. AS AMENDED, ORDINANCE"NO'. 80-24. ORDINANCE NO. 79-102, AS AMENDED, ORDINANCE NO. 76-61. AS AMWO- ED, AND ORDINANCE NO. 82-77, Al.L RELATING TO THE POSSESSION ANDIOR.;DJ5;. CHARGE OF FIREARMS, WHICH ARE CODIFIED IN CHAPTER 94. ARTICLE 111; DlVlSTON 2 OF THE COlLIER COUNTY. CODE OF LAWS AND ORDINANCES, IN ORDER TO'COM- PL Y WITH AMENDMENTS TO SECTION 790.33. FLORIDA STATUTES, WHICH PRE- EMPTS THE WHOlE FIELD OF fiREARMS AND AMMUNITION REGULATION TO THE STATE OF FLORIDA; PROVIDING FOR CONFl.lCT AND SEVERAB1UTY; PROVIDING FOR INClUSIQN IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EF- FECTIVE DATE OF OCTOBER 1, 2011. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS 'OF COlliER COUNe TY. FLORIDA, AMENDING ORDINANCE NO, 2004-03. AS AMENDED, THE COlliER COUNTY AIRPORT AUTHORITY ORDINANCE, BY REPEALING SECTION 16 ENTITLED "CONCEALED WEAPONS; CONCEALED FIREARMS." CODIFIED AS SECTION 18-51 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, IN ORDER TO COMPLY WITH AMENDMENTS TO SECTION 790.33. flORIDA STATUTES. WHICH PREEMPTS THE WHOLE FlEW OF FIREARMS AND AMMUNITION REGULATION TO THE STATE OF FLORIDA; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR IN- CLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EF- FECTIVE DATE OF OCTOBER 1, 2011. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLUER COUN- TY, FLORIDA. AMENDING ORDINANCE NO. 90-17, AS AMENDED, THE COLLIER COUNTY NOISE CONTROL ORDINANCE, BY AMENDING SECTION SEVEN, EXEMP- TIONS, CODIFIED AS SECTION S4-87 OF THE CODE OF LAWS AND ORDINANCES. PROVIDING FOR AN EXEMPTION OF NOISE ASSOCIATED WITH THE DISCHARGE OF FIREARMS IN ORDER TO COMPLY WITH AMENDMENTS TO SECTION 790.33, FLORI- DA STATUTES, WHICH PREEMPTS THE WHOLE FIELD OF FIREARMS AND AMMUNI- TION REGULATION TO THE STATE OF flORIDA; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDI- NANCES; AND PROVIDING FOR AN.EFFECTIVE DATE OF OCTOBER 1, 201,. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUl,.j"' TY. flORIDA. AMENDING CHAPTER 38, CIVil EMERGENCIES. ARTICLE Ill. DECLARA" TION OF STATE OF EMERGENCY, OF THE COLLIER COUNTY CODE OF LAWS ANO ORDINANCES, ALSO KNOWN AS ORDINANCE NO. 84-37, AS AMENDED. AMENDING SECTION 38-68, AUTHORIZED EMERGENCY MEASURES. B.Y DELETING THE RIGHT TO SUSPEND OR liMIT THE SALE OF FIREARMS DURING A STATE OF EMERGENCY, IN ORDER TO COMPLY WITH AMENDMENTS TO SECTION 790.33. FLORIDA STATUTES, WHICH PREEMPTS THE WHOLE FIELD OF FIREARMS AND AMMUNITION REGULA. TION TO THE STATE OF FLORIDA; PROVIDING FOR CONFLICT AND SEVERABiliTY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PRO- VIDING FOR AN EFFECTIVE DATE OF OCTOBER 1,2011. . ~ . . ... ... e N ui ... .. ~ .Q e 'CD .... Q. CD rn ~ as ." .'C Eat . Q CO ~ 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 will be limited to 3 minutes on any item, The selection of an in- dividual to speak on behalf of an organization or group is encouraged. If recog- nized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. 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: . All material used in presentations before the Board will become a permanent part of the record. . Any person who decides to appeal a decision of the Board will need a record of the proceed ings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, whl~h record includes the testimony and evi. dence upon which the appeal is based. If you are a person with a disability whG 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. Suite 101. Naples, FL 34112-5356, (239) 2S2-8380. at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. 80ARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE. CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) ~ S..ntember 16 2011 No1915347 PacketPage-2692-