Backup Documents 01/08-09/2013 Item #17CCOLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
XXX Normal legal Advertisement
(Display Adv., location, etc.)
❑ Other.
17C
Originating Dept/ Div: County Attorney Person: Jeffrey A. Klatzkow, County Attorney Date: Decemberl8, 2012
Petition No. (If none, give brief description):
Petitioner: (Name & Address): N/A
Ordinance prohibiting illicit synthetic drugs
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) See Above
Hearing before BCC BZA Other
Requested Hearing date: (Based on advertisement appearing 10+ days before hearing.) January 8, 2013 (ad to run no later than
WEDNESDAY, December 26, 2012)
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
❑ Other
Proposed Text: (Include legal description & common location & Size:
XXX Legally Required
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA,
ESTABLISHING PROHIBITIONS TO THE POSSESSION, PROVISION, SALE, OR DISTRIBUTION OF ILLICIT
SYNTHETIC DRUGS IN COLLIER COUNTY BY PROVIDING FOR SECTION ONE: AUTHORITY; SECTION TWO:
LEGISLATIVE FINDINGS OF FACT; SECTION THREE: TITLE AND CITATION; SECTION FOUR: DEFINITIONS;
SECTION FIVE: POSSESSION, PROVISION, SALE OR DISTRIBUTION OF SYNTHETIC DRUGS PROHIBITED;
SECTION SIX: SALE OF CERTAIN PRODUCTS FOR HUMAN CONSUMPTION PROHIBITED; SECTION SEVEN:
ENFORCEMENT; SECTION EIGHT: VIOLATIONS AND PENALTIES; SECTION NINE: CONFLICT AND
SEVERABILITY; SECTION TEN: INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND SECTION
ELEVEN: EFFECTIVE DATE.
Companion petition(s), if any & proposed hearing date: N/A
Does Petit in F include a ising cost? ❑ Yes XXX No If Yes, what account should be charged for advertising costs:
P.O. 4500139337
Reviewed - Af A
Division Ad to or Designee Date
List Attachm ts: Proposed Ordinance
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
❑ County Manager agenda file: to ❑ Requesting Division
Clerk's Office
❑ Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
FOR CLERK'S OFFICE USE ONLY-
Date Received: Z /� 12 Date of Public hearing: ! �'l Date Advertised:
17C
ORDINANCE NO. 2013 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY FLORIDA, ESTABLISHING PROHIBITIONS TO
THE POSSESSION, PROVISION, SALE, OR DISTRIBUTION OF ILLICIT
SYNTHETIC DRUGS IN COLLIER COUNTY BY PROVIDING FOR
SECTION ONE: AUTHORITY; SECTION TWO: LEGISLATIVE
FINDINGS OF FACT; SECTION THREE: TITLE AND CITATION;
SECTION FOUR: DEFINITIONS; SECTION FIVE: POSSESSION,
PROVISION, SALE OR DISTRIBUTION OF SYNTHETIC DRUGS
PROHIBITED; SECTION SIX: SALE OF CERTAIN PRODUCTS FOR
HUMAN CONSUMPTION PROHIBITED; SECTION SEVEN:
ENFORCEMENT; SECTION EIGHT: VIOLATIONS AND PENALTIES;
SECTION NINE: CONFLICT AND SEVERABILITY; SECTION TEN:
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
SECTION ELEVEN: EFFECTIVE DATE.
WHEREAS, new herbal and/or chemical mixtures are being marketed and sold in
Collier County which are not necessarily controlled by federal or state law but which are
designed and marketed to mimic the effects of illegal narcotics; and
WHEREAS, Synthetic cannabinoids (also known as "K2" or "Spice ") are
chemically engineered substances, similar to the active ingredient in marijuana (THC), that
when smoked or ingested can produce a high similar to marijuana.. These products are
often marketed as "incense." Citing an imminent hazard to the public safety, the DEA has
placed a number of synthetic cannabinoids into Schedule I (the class of substances that
carry a high potential for abuse and have no currently accepted medical use) of the
Controlled Substances Act (CSA), 21 USC §— 81 et seq.); and
WHEREAS, "Bath Salts" are products which contain psychoactive chemicals that,
when ingested, offer alternatives to illegal drugs. These products are marketed under the
guise of bath salts, insect repellant, or plant food. Bath Salts are chemicals that are
synthetic derivatives, of cathinones, a central nervous system stimulant. These products
are sold in powder, tablet, and capsule form, and are usually ingested by sniffing/snorting
but can also be taken orally, smoked, or put into a solution and injected. These products
can produce agitation, insomnia, irritability, dizziness, depression, paranoia, delusions,
suicidal thoughts, seizures, and panic attacks, and users have also reported effects such as
impaired perception of reality, reduced motor control, and decreased ability to think
clearly. Cathinone derivatives act as central nervous system stimulants causing rapid
1
17C
heart rate (which may lead to heart attacks and strokes, chest pains, nosebleeds, sweating,
nausea and vomiting). Drugs that have similar effects include amphetamines, cocaine,
Khat, LSD and MDMA. The DEA has placed a number of chemicals used to make bath
salts into Schedule I of the CSA, finding that an order making possession or sale of these
chemicals, or the products that contain them, was necessary to prevent an imminent hazard
to the public safety; and
WHEREAS, during the 2011 session, the Florida Legislature passed HB 1039,
Chapter 2011 -90, Laws of Florida, which added synthetic stimulants to Schedule I of
Florida's controlled substance schedule. Following passage of HB 1039, chemists
reconfigured the particular synthetic stimulants made illegal by HB 1039, and marketed
new products that were not illegal under Florida law. During the 2012 session, the
Legislature passed HB 1175, Chapter 2012 -23, Laws of Florida, which added dozens of
additional synthetic stimulants to Schedule I of Florida's controlled substance schedule;
and
WHEREAS, in response to the efforts by federal and state legislators to outlaw the
chemicals in synthetic cannabinoids and synthetic cathinones, chemists immediately
reconfigured the specific substances that were prohibited to produce "new" versions of
these synthetic drugs. This was accomplished by altering the molecular architecture of
the chemicals used in the products to produce a series of different compounds which are
closely structurally related to the prohibited substances, but which are not listed in
Schedule I of the state or federal controlled substance laws; and
WHEREAS, manufacturers and distributors of these products have not obtained
FDA approval products as a food product, drug, dietary supplement, or other approved
substance. Consumers suffering a reaction to or injury from these products have little
chance of obtaining information concerning the contents of the product, as the identity and
locations of the manufacturers are unknown; and
WHEREAS, although often marked "not for human consumption," or being labeled
as otherwise innocuous products (i.e., plant food, incense, potpourri, iPod cleaner, etc.),
these products are in fact designed and marketed to the buyer as products that act upon and
effect the human body and its systems as a legal method to get high or achieve the effects of
illicit drugs. As products intended to act upon the human body, these products are
2
17C
required by Florida state regulations (Chapter 499, Florida Statutes) to carry adequate
directions for use and adequate warnings on their labels; instead, these products most often
carry no warnings or directions at all, or are labeled with sham or misleading directions in
an attempt to avoid application of the regulations applicable to drug branding and labeling;
and
WHEREAS, products containing synthetic stimulants are available and being
marketed to young adults and children in Collier County by their availability in small
packages at convenience stores and other locations. Further, the names and packaging of
these substances appear to be designed to appeal to children and young adults, and
increased usage among high school youths is a concern for both law enforcement and the
medical community. The University of Michigan Institute for Social Research in
"Monitoring the Future, National Results on Adolescent Drug Use, Overview of Key
Findings 2011" found that 11.4% of high school seniors indicated use of synthetic
marijuana; and
WHEREAS, the Board of County Commissioners (Board) finds that illicit synthetic
drugs are distributed, labeled, and marketed in a way that poses dangerous consequences to
the consumer; and
WHEREAS, the Board deems it to be in the best interests of the citizens and
residents to prohibit the possession, sale, and distribution of illicit synthetic drugs and
misbranded drugs; and
WHEREAS, laws offering additional protections and/or duplicating state and
federal regulations concerning misbranded drugs and mislabeled commodities are not
preempted.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Authority.
This Ordinance is enacted pursuant to Chapter 125, Florida Statutes (2011), and
under the home rule powers of Collier County, and in accordance with the proscriptions on
local regulation imposed by the Fair Packaging and Labeling Act, 15 U.S.0 § 1461.
3
17C
SECTION TWO. Legislative Findings of Fact.
The foregoing WHEREAS clauses are hereby adopted as legislative findings of the
Board of County Commissioners and are ratified and confirmed as being true and correct
and are hereby made a specific part of this Ordinance upon adoption hereof.
SECTION THREE: Title and Citation.
This Ordinance shall be known and may be cited as the "Collier County Illicit
Synthetic Drugs Ordinance."
SECTION FOUR: Definitions.
For purposes of this division, the following definitions shall apply unless the context
clearly indicates or requires a different meaning:
"Spice/synthetic cannabinoids/synthetic mariivana" shall mean any aromatic plant
material in granular, loose leaf or powder form, or in liquid or as a food additive, or any
herbal- incense -type stimulant or hallucinogen product, when the label is in any way false
or misleading, or which does not contain a label specifying (1) the identity of the
commodity and (2) the name and place of business of the manufacturer, packer, or
distributor. Street names for these products include, but are not limited to: Bliss, Black
Mamba, Bombay Blue, Fake Weed, Genie, Spice, Zohai, K2. K3, Smoke, Pot - Pourri,
Buzz. Spice 99. Voodoo. Pulse, Hush, Mystery, Earthquake. Stinger, Ocean Blue,
Serenity, Chronic Spice, Spice Gold, Spice Silver, Skunk, Mr. Nice Guy. Mr. Happy, K3
Legal, Sence, Smoke, Chill X, Earth Impact. Galaxy Gold, Space Truckin, Solar Flare.
Moon Rocks, Aroma, Scope. Sky High, Atomic, G -20. Guerrilla Warfare, Makes Scents,
g -13, Tiger Shark, California Dreams, Dank, Bullet, Mind Trip, Voodoo Child, Jazz,
Niqhtlights, Matrix, Hypnotip, AK47, Maui Wowie, Cloud 9. Daylights, Joker, Dead Man
Walking, Brain Storm, Soul Sence, Kush, Kush Mania, Dragons Fire. Lucid. Mad Hatter,
Scooby Snax, D -ZL, OMG, Demon, Barely In, Pineapple Express, Hayze.
"Bath Salts /synthetic cathinones /synthetic stimulants" shall mean any crystalline or
powder product in crystalline, loose - powder, block. tablet, or capsule form, or any
4
17C
stimulant -type product, when the label is in any way false or misleading, or which does not
contain a label specifying (1) the identity of the commodity, and (2) the name and place of
business of the manufacturer, packer, or distributor. Street names for these products
include, but are not limited to: Bliss, Blue Silk, Cloud Nine, Drone, Energy -I, Ivory Wave,
Lunar Wave. Meow Meow, Ocean Burst, Pure Ivory, Purple Wave. Red Dove. Snow
Leopard, Stardust, Vanilla Sky, White Dove, White Knight. White Lightening, Blizzard,
Bonzai Grow. Charge Plus. Charlie, Euphoria. Hurricane, Lunar Wave, Ocean, Pixie Dust.
Posh, Scarface, Lovely Dovey, Aura, MDPV, MDPK. MTV, Maddie. Hurricane Charlie,
Black Rob, Super Coke, PV, Peeve, Meph, Drone. MCAT.
"Drug" shall mean an article that is intended to affect the function of the body of humans.
"Misbranded drug" means a drug that violates Section 499.007, Florida Statutes,
including but not limited to drugs for which (1) the label is in any way false or misleading:
(2) the label does not bear the name and place of business of the manufacturer, repackager,
or distributor of the finished form of the drug; (3) the label does not bear adequate
directions for use: or (4) the label does not bear adequate warnings against use.
"Illicit synthetic drugs" shall include spice, synthetic cannabinoids, synthetic mariivana,
bath salts, synthetic cathinones, synthetic stimulants, or misbranded drugs.
SECTION FIVE: Possession, Provision, Sale or Distribution of Synthetic Drugs
Prohibited.
It is unlawful for any person to possess, provide, sell or distribute, within the
incorporated or unincorporated area of Collier County, any illicit synthetic drug as defined
in this Ordinance.
(1) Factors That May Be Disregarded and/or Considered in Determining
Violation. In determining whether a product or sale is prohibited by this Ordinance,
statements on package labeling such as "not for human consumption" may be disregarded
when other relevant factors (viewed alone or in totality) indicate that the product is
R
17C
intended to be consumed or ingested by humans, or is a product regulated by this
Ordinance. Other relevant factors that may be used to determine whether a product or sale
is prohibited by this Ordinance include, but are not limited to, verbal or written
representations at the point of sale regarding the purpose, methods, use, or effect of the
product: aspects of the packaging or labeling suggest the user will achieve a "high,"
euphoria, relaxation, mood enhancement, or that the product has other effects on the body;
the cost of the product is disproportionately higher than other products marketed for the
same use; the product contains a warning label stating or suggesting that the product is in
compliance with state laws regulating controlled substances; the product's name or
packaging uses images or slang referencing an illicit street drug: illicit or underground
methods of sale or delivery are employed by the seller or provider: the product resembles
an illicit street drug such as cocaine, methamphetamine, or marijuana.
(2) Exemptions. The provisions of this section do not apply to any product that is
specifically excepted by, or regulated within, the Florida Comprehensive Drug Abuse
Prevention and Control Act (Ch. 893, FIa. Stat.) or the Federal Controlled Substances Act
(21 USC — 81 et seg.); is a food product, drug, dietary supplement, cosmetic, or other
substance regulated by the Food and Drug Administration (FDA) and in compliance with
that agency's requirements; is regulated by and in compliance with the labeling
requirements of the Federal Trade Commission; is regulated by and in compliance with the
Federal Fair Packaging and Labeling Act; is regulated by and in compliance with the
Federal Food, Drug, and Cosmetic Act:, is regulated by and in compliance with the
regulations of the Florida Department of Agriculture and Consumer Services: or is a
tobacco product regulated by and in compliance with the regulations governing the tobacco
industry enforced by the Florida Department of Business and Professional Regulation,
Division of Alcoholic Beverages and Tobacco. For the purposes of this section, products
that are not subject to regulation by the act or agencies listed above are not exempt unless
the product is specifically exempt from regulation; mere "non- regulation" by these acts
without a specific regulatory exemption will not render a product exempt under this
section.
N 6
1)C
SECTION SIX: Sale of Certain Products for Human Consumption Prohibited.
It is unlawful for any person to provide or sell a product for human consumption
when the product is labeled "not for human consumption" or contains similar warnings.
SECTION SEVEN: Enforcement.
This Ordinance shall be enforced by the Office of the Collier County Sheriff and/or
the appropriate law enforcement official within Collier County having jurisdiction as it
pertains to the location of the secondhand store.
SECTION EIGHT: Violations and Penalties.
All violations of this Ordinance may be processed according to the Collier County
Consolidated Code Enforcement Ordinance (Ord. No. 2010 -04, as amended) and per
provisions of Parts I or II of Chapter 162, Florida Statutes, as may be applicable. A law
enforcement official or code enforcement officer is specifically authorized to issue a
citation for each violation. Each day of any such violation shall constitute a separate and
distinct offense. Further, each failure to properly document transaction information shall
constitute a separate and distinct offense.
The County may also enforce this Ordinance by action in equity, including
injunctive or declaratory relief, in the appropriate court of competent jurisdiction.
Any person who knowingly violates any provision of this Ordinance, including
refusal to allow a law enforcement official to make an inspection under this Ordinance,
shall also be punished in the same manner as a misdemeanor as provided by general law.
SECTION NINE: 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.
7
SECTION TEN: 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 Ordinance of Collier County, Florida. The sections of the Ordinance may be
renumbered or relettered to accomplish such, and the word "ordinance" may be changed to
"section," "article," or any other appropriate word.
SECTION ELEVEN: Effective Date.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, this day of
ATTEST:
DWIGHT E. BROCK, CLERK
2013.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk GEORGIA A. HILLER, ESQ.
CHAIRWOMAN
s
17C
Acct. #027354
December 18, 2012
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: Ordinance Prohibiting Illicit Synthetic Drugs
Dear Legals:
17C
Please advertise the above referenced notice on Wednesday, December 26, 2012,
and kindly send the Affidavit of Publication, in duplicate, together with charges
involved to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O. #4500139337
NOTICE OF INTENT TO CONSIDER ORDINANCE 17 C
Notice is hereby given that on January 8, 2013 in the Boardroom, 3rd
Floor, Administration Building, Collier County Government Center, 3299
East Tamiami Trail, Naples, Florida, the Board of County Commissioners
will consider the enactment of a County Ordinance. The meeting will
commence at 9:00 A.M. The title of the proposed Ordinance is as
follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY FLORIDA, ESTABLISHING PROHIBITIONS TO THE POSSESSION,
PROVISION, SALE, OR DISTRIBUTION OF ILLICIT SYNTHETIC DRUGS IN
COLLIER COUNTY BY PROVIDING FOR SECTION ONE: AUTHORITY; SECTION
TWO: LEGISLATIVE FINDINGS OF FACT; SECTION THREE: TITLE AND
CITATION; SECTION FOUR: DEFINITIONS; SECTION FIVE: POSSESSION,
PROVISION, SALE OR DISTRIBUTION OF SYNTHETIC DRUGS PROHIBITED;
SECTION SIX: SALE OF CERTAIN PRODUCTS FOR HUMAN CONSUMPTION
PROHIBITED; SECTION SEVEN: ENFORCEMENT; SECTION EIGHT: VIOLATIONS
AND PENALTIES; SECTION NINE: CONFLICT AND SEVERABILITY; SECTION
TEN: INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND SECTION
ELEVEN: EFFECTIVE DATE.
Copies of the proposed Ordinance is 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 individual to speak on behalf of an
organization or group is encouraged. If recognized 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 proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
If you are a person with a disability who needs any accommodation in
order to participate in this proceeding, you are entitled, at no cost
to you to the provision of certain assistance. Please contact the
Collier County Facilities Management Department, located at 3335
17C
Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -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.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER, ESQ., CHAIRWOMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
Martha S. Vergara
From: Polidora, Carol <CPawlinski @naplesnews.com>
Sent: Tuesday, December 18, 2012 3:31 PM
To: Martha S. Vergara
Subject: RE: Ordinance Prohibiting Illicit Synthetic Drugs
Got it..
Carol Polidora
Legal Advertising Specialist
Naples Daily News
1100 Immokalee Road
Naples, FL 34110
Telephone: 239.263.4871
Fax: 239.325.1251
leeals@naplesnews.com
From: Martha S. Vergara fmailto•Martha VergaraCabcollierclerk com]
Sent: Tuesday, December 18, 2012 3:16 PM
To: Legals NDN
Subject: Ordinance Prohibiting Illicit Synthetic Drugs
Legals,
Please advertise the following attached ad Wednesday, December 26 2012
Please forward an ok when received, if you have any questions feel free to call me.
Thanks,
Tis the Silly Season — Be safe &
Merry Christmas
Martha Vergrara, Deputy Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
& Value Adjustment Board
1
fT
NOTICE GF INTENT TO CONSIDER 0R01NANCE
17C
6ti*e is herel r r "uen thral 6n January 8, .013 ire the Boardroom, 3rd Floor, Admin-
lstration" Burl 0,9, Cdllier County roVernment" 4ente -r', 3299 ,E-ast Ta nia it Troll,
,the guard Of,Cbunt ComrTiiss'to6er -s vvili €��, +�� "r kh� �mtan t
Calrrl ,y C rdinance. 'Tl m Ling v�rll + rrtmenee at 9 :€Jt, A,l t The title of the
prolo6 ed Ord( arise is as follow's.,
Ate 0ADINANCE .0F THE B0A ' Q, F UN`TY 0iv K415Sl0NER F COLLIER COUNTY
FLOkfi)A, ESTABLISI-IIf 6 F'ROI-IIBITIDNS TCi TI IE POSSESSiON, PROVISICriVr S LED CrR
E lSTF IBUTl 31 F_iC l i l
SYNTHETIC DRUGS] N C LLIER COUNT' BY PROVIDING
FOR SECTION ONE' AUTHOR"; SECTION- M, LEGI SL' A' -n' V FINDINGS OF F, CT;
SECTION THREE: TITLE ANN CITA noN; SECTION FdUk.- tFiNITION ; SECTION FIVE:
PO5SESSI'C N, PROVISION, SALE OR DISTRIBUTION OF :SYNTHETIC C�RC1GS,
PROI IBITEC SECTION Slx: SALE OF CERtA:IN P'RODU`CT FOR HUMAN
,CONSUMPTION PROHIBITED SEVERE ENFORCEMENT' S,E�7"I "�N EICxHT:
VIOLATIONS AND PENALTIES; -SEtTIt N "NINE: CONFLICT AND' SE E.RABILIT ;
SE i IUI�J TEI`1 IMCLIJSII=3I l IN"T -lE CCrdE,.,OF LAWS Alfa 3Rf]ifVa4P10E5; AiVf SECTION
EL MO.' . EFFECTINA DATE.
Copies of
th6 proposed Ordirrar7ce i� an file with the �Clerl tr the lard and', r
v ri l le for" inspe Oon All intereA4d parties �� irltrite� td �tteii.ci and
NOTE- All ''per saris wishing to speak sari .any agenda it�rn rrrust re rster v+ .Fith the
coup ,edr, tinistrator rror to ,prese,ntatign cif the agenda item to e" ad- dressed.
Individual, speakers v^�i be limited to 3 minutes on any item. The selection of an
1nd,ry dual to � .eak on behalf of an organ z�Wton or group is encouraged.- If
recognized bar. the Chairman, a spo- kes:per5o'" for a roue or otganiza ion may he
= allotted 10 minutes to streak ors ate item,
persons ishing to have written or gra
p ket r4u_�t'!Whmit said rriatiifial a
ulalic h ring. lM any case, Written i
ar hail Lae obmitted to, the approl
Meerials included in the" Soard agenda
`n.urri- of 3 �ve4"ks prior to th -e: rr_specti°�L
Trials intended to be obrisr d� red by +,he .
e ounty staff a "h1'irvirnum �rf t&j4rr dais
prier to the p44111c fearing. All r ' terial u$e�d in pr�esei tartions before the Board
W.Wil bkon e a permanent part of the; recur
'Any peen Who derides to appeal a decision cif the Roard kill need a r°e 6rd ref the
proceedings - p rteitning thereto and. therefore,= may reed to ensure..!I:hat� a ver�► im
recur "ri raf he:praceedrrrgs i rnadej ,vvh.ickr record includes: the testirrtun and
evidence. uporr which the appeal is based,
If-you. are , a person Witt- a I
participate i,rt -this proceedir
of, certain assistance. Pleas
Department,, located at 33i
(233) 252 =8380; A least two {
the,,Ke arir; g Irrrpairi eo area E
Usability who creeds any accommodation in -order to
g, you are entitled, at no cost to you to the prn�rision
cbrrt-act the- Collier County Facilities Wilage'ment
i; Tamiarmi Trail East ", Suite io -1r Naples, F'L 34112 - 5,356,
ion. prior�tcr the, meeting -' AWstiW listening 'devices far
16 lale in the Board of "Cournn C rn I rrussioners,001ce.
0AM O `COUP COMMISSIONERS
COLLIER COUNTY, RORIP
( EQRGIA A. HIIL "EFt, M, CHAIRWOMAN
6 l-T'E�;BROCk f LE"
Martha. "ara, Deputy Clerk
&1%
E ecernber . ,1 12 din. '197,2304
Naples Daily News
Naples, FL 34110
Affidavit of Publication
Naples Daily News
----------------------------------------------
OFFICE OF THE COUNTY ATTORNEY
JEFFREY KLATZKOW
3299 TAMIAMI TRL E ##700
NAPLES FL 34112 -5749
REFERENCE: 027354 4500139337
59706725 NOTICE OF INTENT TO
State of Florida
Counties of Collier and Lee
Before the undersigned authority, personall.
appeared Amy Davidson, says that she serves a
Inside Sales Supervisor, of the Naples Daily
a daily newspaper published at Naples, in Col
County, Florida: distributed in Collier
and Lee counties of Florida; that the attache
copy of advertising was published in said
newspaper on dates listed.
Affiant further says that the said Naples I
News is a newspaper published at Naples, in
Collier County, Florida, and that the said
newspaper has heretofore been continuously
day and has been entered as second class mai.
matter at the post office in Naples, in said
Collier County, Florida, for a period of 1 yl
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that he has neither paid nor
promised any person, firm or corporation any
discount, rebate, commission or refund for tt
purpose of securing this advertisement for
publication in the said newspaper.
PUBLISHED ON: 12/26
AD SPACE: 90 LINE
FILED ON: 12/26/12
Signature of Affiant
Sworn to and Subscribed
Personally known by me
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on January 8, 2013 in the Boardroom, 3rd Floor, Admin-
istration Building, Collier County Government Center, 3299 East Tamiami Trail,
Naples, Florida, the Board of County Commissioners will consider the enactment of
a County Ordinance. The meeting will commence at 9:00 A.M. The title of the
proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUN-
TY
FLORIDA, ESTABLISHING PROHIBITIONS TO THE POSSESSION, PROVISION, SALE, OR
DISTRIBUTION OF ILLICIT SYNTHETIC DRUGS IN COLLIER .COUNTY BY PROVIDING
FOR SECTION ONE: AUTHORITY; SECTION TWO: LEGISLATIVE FINDINGS OF FACT;
SECTION THREE: TITLE AND CITATION; SECTION FOUR: DEFINITIONS; SECTION FIVE:
POSSESSION, PROVISION, SALE OR DISTRIBUTION OF SYNTHETIC DRUGS
PROHIBITED; SECTION SIX: SALE OF CERTAIN PRODUCTS FOR HUMAN
CONSUMPTION PROHIBITED; SECTION SEVEN: ENFORCEMENT, SECTION EIGHT:
VIOLATIONS AND PENALTIES; SECTION NINE: CONFLICT AND SEVERABILITY;
SECTION TEN: INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND SECTION
ELEVEN: EFFECTIVE DATE.
Copies of the proposed Ordinance is 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
individual to speak on behalf of an organization or group is encouraged. If
recognized 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 I
Board shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. AII. 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
proceedings pertaining thereto and therefore, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to you to the provision I
of certain assistance. Please contact the Collier County Facilities Management
Department; located at 3335. Tamiami Trail East, Suite 101, Naples, FL 34112 -5356,
23 9) 252 -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.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER, ESQ., CHAIRWOMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
December 26 2012 N tg7�7na
-- - - - - - - + - - - - - - - - - - - - - - - - - - - - - - - -
0 / „�.
ORIGINAL DOCUMENTS CHECKLIST & ROUTING T 17P
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents arc to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
IN
Complete routing lines #I through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line through routine lines # 1 through #2_ comnlete the checklist and fnrward to the r..rninty Attnrnev Office
Route to Addressees (List in routing order)
Office
Initials
Date
1.
appropriate.
(Initial)
Applicable)
2.
1/8/13 /
Agenda Item Number
3. County Attorney Office
County Attorney Office
JAK
— G
4. BCC Office
Board of County
Commissioners
Number of Original
yt 1
5. Minutes and Records
Clerk of Court's Office
qtr
( (t i ((3
J
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above, may need to contact staff for additional or missing information-
Name of Primary Staff
Jeffrey A. Klatzkow, County Attorney
Phone Number
252 -8400
Contact / Department
appropriate.
(Initial)
Applicable)
Agenda Date Item was
1/8/13 /
Agenda Item Number
Approved b the BCC
V
— G
Type of Document
Ordinance — Synthetic Drugs
Number of Original
One
Attached
20G_ — 2
Documents Attached
PO number or account
N/A
number if document is
by the Office of the County Attorney.
to be recorded
All handwritten strike - through and revisions have been initialed by the County Attorney's
JAK
INSTRUCTIONS & CHECKLIST
Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applicable)
1.
Does the document require the chairman's original signature?
JAK
2.
Does the document need to be sent to another agency for additional signatures? If yes,
JAK
provide the Contact Information (Name; Agency; Address; Phone on an attached sheet.
3.
Original document has been signed/initialed for legal sufficiency. (All documents to be
JAK
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney.
4.
All handwritten strike - through and revisions have been initialed by the County Attorney's
JAK
Office and all other parties except the BCC Chairman and the Clerk to the Board
5.
The Chairman's signature line date has been entered as the date of BCC approval of the
JAK
document or the final negotiated contract date whichever is applicable.
6.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
JAK
signature and initials are required.
7.
In most cases (some contracts are an exception), the original document and this routing slip
JAK
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forward' g to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be awa of your deadlines!
8.
The document was approved by the BCC on 1/8/13yand all changes made during the
JAK
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes, if applicable.
9.
Initials of attorney verifying that the attached document is the version approved by the
JAK
BCC, all changes directed by the BCC have been made, and the document is ready for the
Chairman's signature.
Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12
17
MEMORANDUM
Date: January 28, 2013
To: Jeff Klatzkow, County Attorney
County Attorney's Office
From: Ann Jennejohn, Deputy Clerk
Board Minutes & Records Department
Re: Ordinance 2013 -02: Establishing prohibition on possession,
provision, sale, or distribution of illicit synthetic drugs in
Collier County
Attached for your records is a copy of the document referenced above, (Item #17C),
adopted by the Board of County Commissioners on Tuesday, January 8, 2013.
The original will be held in the Minutes and Records Department for the Board's
Official Record.
If you have any questions, please contact me at 252 -8406.
Thank you.
Attachment
17C
MEMORANDUM
Date: January 28, 2013
To: Kevin Rambosk, Sheriff
Collier County Sheriff's Office
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Ordinance 2013 -02: Establishing prohibition on the possession,
provision, sale, or distribution of illicit synthetic drugs in
Collier County
Attached for your records, is a copy of the Ordinance referenced above, adopted by
Collier County's Board of County Commissioners on January 8, 2013.
If you have any questions, please call me at 252 -8406.
Thank you.
i7C �
ORDINANCE NO. 2013 - 0 2
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY FLORIDA, ESTABLISHING PROHIBITIONS TO
THE POSSESSION, PROVISION, SALE, OR DISTRIBUTION OF ILLICIT
SYNTHETIC DRUGS IN COLLIER COUNTY BY PROVIDING FOR
SECTION ONE: AUTHORITY; SECTION TWO: LEGISLATIVE
FINDINGS OF FACT; SECTION THREE: TITLE AND CITATION;
SECTION FOUR: DEFINITIONS; SECTION FIVE: POSSESSION,
PROVISION, SALE OR DISTRIBUTION OF SYNTHETIC DRUGS
PROHIBITED; SECTION SIX: SALE OF CERTAIN PRODUCTS FOR
HUMAN CONSUMPTION PROHIBITED; SECTION SEVEN:
ENFORCEMENT; SECTION EIGHT: VIOLATIONS AND PENALTIES;
SECTION NINE: CONFLICT AND SEVERABILITY; SECTION TEN:
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
SECTION ELEVEN: EFFECTIVE DATE.
WHEREAS, new herbal and/or chemical mixtures are being marketed and sold in
Collier County which are not necessarily controlled by federal or state law but which are
designed and marketed to mimic the effects of illegal narcotics; and
WHEREAS, Synthetic cannabinoids (also known as "K2" or "Spice ") are
chemically engineered substances, similar to the active ingredient in marijuana (THC), that
when smoked or ingested can produce a high similar to marijuana. These products are
often marketed as "incense." Citing an imminent hazard to the public safety, the DEA has
placed a number of synthetic cannabinoids into Schedule I (the class of substances that
carry a high potential for abuse and have no currently accepted medical use) of the
Controlled Substances Act (CSA), 21 USC §— 81 et seq.); and
WHEREAS, "Bath Salts" are products which contain psychoactive chemicals that,
when ingested, offer alternatives to illegal drugs. These products are marketed under the
guise of bath salts, insect repellant, or plant food. Bath Salts are chemicals that are
synthetic derivatives, of cathinones, a central nervous system stimulant. These products
are sold in powder, tablet, and capsule form, and are usually ingested by sniffing/snorting
but can also be taken orally, smoked, or put into a solution and injected. These products
can produce agitation, insomnia, irritability, dizziness, depression, paranoia, delusions,
suicidal thoughts, seizures, and panic attacks, and users have also reported effects such as
impaired perception of reality, reduced motor control, and decreased ability to think
clearly. Cathinone derivatives act as central nervous system stimulants causing rapid
1
heart rate (which may lead to heart attacks and strokes, chest pains, nosebleeds, sweating,
nausea and vomiting). Drugs that have similar effects include amphetamines, cocaine,
Khat, LSD and MDMA. The DEA has placed a number of chemicals used to make bath
salts into Schedule I of the CSA, finding that an order making possession or sale of these
chemicals, or the products that contain them, was necessary to prevent an imminent hazard
to the public safety; and
WHEREAS, during the 2011 session, the Florida Legislature passed HB 1039,
Chapter 2011 -90, Laws of Florida, which added synthetic stimulants to Schedule I of
Florida's controlled substance schedule. Following passage of HB 1039, chemists
reconfigured the particular synthetic stimulants made illegal by HB 1039, and marketed
new products that were not illegal under Florida law. During the 2012 session, the
Legislature passed HB 1175, Chapter 2012 -23, Laws of Florida, which added dozens of
additional synthetic stimulants to Schedule I of Florida's controlled substance schedule;
and
WHEREAS, in response to the efforts by federal and state legislators to outlaw the
chemicals in synthetic cannabinoids and synthetic cathinones, chemists immediately
reconfigured the specific substances that were prohibited to produce "new" versions of
these synthetic drugs. This was accomplished by altering the molecular architecture of
the chemicals used in the products to produce a series of different compounds which are
closely structurally related to the prohibited substances, but which are not listed in
Schedule I of the state or federal controlled substance laws; and
WHEREAS, manufacturers and distributors of these products have not obtained
FDA approval products as a food product, drug, dietary supplement, or other approved
substance. Consumers suffering a reaction to or injury from these products have little
chance of obtaining information concerning the contents of the product, as the identity and
locations of the manufacturers are unknown; and
WHEREAS, although often marked "not for human consumption," or being labeled
as otherwise innocuous products (i.e., plant food, incense, potpourri, iPod cleaner, etc.),
these products are in fact designed and marketed to the buyer as products that act upon and
effect the human body and its systems as a legal method to get high or achieve the effects of
illicit drugs. As products intended to act upon the human body, these products are
2
17 c
required by Florida state regulations (Chapter 499, Florida Statutes) to carry adequate
directions for use and adequate warnings on their labels; instead, these products most often
carry no warnings or directions at all, or are labeled with sham or misleading directions in
an attempt to avoid application of the regulations applicable to drug branding and labeling;
and
WHEREAS, products containing synthetic stimulants are available and being
marketed to young adults and children in Collier County by their availability in small
packages at convenience stores and other locations. Further, the names and packaging of
these substances appear to be designed to appeal to children and young adults, and
increased usage among high school youths is a concern for both law enforcement and the
medical community. The University of Michigan Institute for Social Research in
"Monitoring the Future, National Results on Adolescent Drug Use, Overview of Key
Findings 2011" found that 11.4% of high school seniors indicated use of synthetic
marijuana; and
WHEREAS, the Board of County Commissioners (Board) finds that illicit synthetic
drugs are distributed, labeled, and marketed in a way that poses dangerous consequences to
the consumer; and
WHEREAS, the Board deems it to be in the best interests of the citizens and
residents to prohibit the possession, sale, and distribution of illicit synthetic drugs and
misbranded drugs; and
WHEREAS, laws offering additional protections and/or duplicating state and
federal regulations concerning misbranded drugs and mislabeled commodities are not
preempted.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Authority.
This Ordinance is enacted pursuant to Chapter 125, Florida Statutes (2011), and
under the home rule powers of Collier County, and in accordance with the proscriptions on
local regulation imposed by the Fair Packaging and Labeling Act, 15 U.S.0 § 1461.
3
17
SECTION TWO. Legislative Findings of Fact.
The foregoing WHEREAS clauses are hereby adopted as legislative findings of the
Board of County Commissioners and are ratified and confirmed as being true and correct
and are hereby made a specific part of this Ordinance upon adoption hereof.
SECTION THREE: Title and Citation.
This Ordinance shall be known and may be cited as the "Collier County Illicit
Synthetic Drugs Ordinance."
SECTION FOUR: Definitions.
For purposes of this division, the following definitions shall apply unless the context
clearly indicates or requires a different meaning:
"Spice /synthetic cannabinoids /synthetic marijuana" shall mean any aromatic plant
material in granular, loose leaf or powder form, or in liquid or as a food additive, or any
herbal- incense -type stimulant or hallucinogen product, when the label is in any way false
or misleading, or which does not contain a label specifying (1) the identity of the
commodity and (2) the name and place of business of the manufacturer, packer, or
distributor. Street names for these products include, but are not limited to: Bliss, Black
Mamba, Bombay Blue, Fake Weed, Genie, Spice, Zohai, K2. K3, Smoke, Pot - Pourri,
Buzz. Spice 99. Voodoo. Pulse, Hush, Mystery, Earthquake. Stinger, Ocean Blue,
Serenity, Chronic Spice, Spice Gold, Spice Silver, Skunk, Mr. Nice Guy. Mr. Happy, K3
Legal, Sence, Smoke, Chill X, Earth Impact. Galaxy Gold, Space Truckin, Solar Flare.
Moon Rocks, Aroma, Scope. Sky High, Atomic, G -20. Guerrilla Warfare, Makes Scents,
g -13, Tiger Shark, California Dreams, Dank, Bullet, Mind Trip, Voodoo Child, Jazz,
Niqhtlights, Matrix, Hypnotip, AK47, Maui Wowie, Cloud 9. Daylights, Joker, Dead Man
Walking. Brain Storm, Soul Sence, Kush, Kush Mania, Dragons Fire. Lucid. Mad Hatter,
Scooby Snax, D -ZL, OMG, Demon, Barely In, Pineapple Express, Hayze.
"Bath Salts /synthetic cathinones /synthetic stimulants" shall mean any crystalline or
powder product in crystalline, loose - powder, block. tablet, or capsule form, or any
4
17C
stimulant -type product, when the label is in any way false or misleading, or which does not
contain a label specifying (1) the identity of the commodity, and (2) the name and place of
business of the manufacturer, packer, or distributor. Street names for these products
include, but are not limited to: Bliss, Blue Silk, Cloud Nine, Drone, Energy -I, Ivory Wave,
Lunar Wave. Meow Meow, Ocean Burst, Pure Ivory, Purple Wave. Red Dove. Snow
Leopard, Stardust, Vanilla Sky, White Dove, White Knight. White Lightening, Blizzard,
Bonzai Grow. Charge Plus. Charlie, Euphoria. Hurricane, Lunar Wave, Ocean, Pixie Dust.
Posh, Scarface, Lovely Dovey, Aura, MDPV, MDPK. MTV, Maddie. Hurricane Charlie,
Black Rob, Super Coke, PV, Peeve, Meph, Drone. MCAT.
"Drug" shall mean an article that is intended to affect the function of the body of humans.
"Misbranded drug" means a drug that violates Section 499.007, Florida Statutes,
including but not limited to drugs for which (1) the label is in any way false or misleading:
(2) the label does not bear the name and place of business of the manufacturer, repackager,
or distributor of the finished form of the drug; (3) the label does not bear adequate
directions for use: or (4) the label does not bear adequate warnings against use.
"Illicit synthetic drugs" shall include spice, synthetic cannabinoids, synthetic mariivana,
bath salts, synthetic cathinones, synthetic stimulants, or misbranded drugs.
SECTION FIVE: Possession, Provision, Sale or Distribution of Synthetic Drugs
Prohibited.
It is unlawful for any person to possess, provide, sell or distribute, within the
incorporated or unincorporated area of Collier County, any illicit synthetic drug as defined
in this Ordinance.
(1) Factors That May Be Disregarded and /or Considered in Determining
Violation. In determining whether a product or sale is prohibited by this Ordinance,
statements on package labeling such as "not for human consumption" may be disregarded
when other relevant factors (viewed alone or in totality) indicate that the product is
6E
17C i
intended to be consumed or ingested by humans, or is a product regulated by this
Ordinance. Other relevant factors that may be used to determine whether a product or sale
is prohibited by this Ordinance include, but are not limited to, verbal or written
representations at the point of sale regarding the purpose, methods, use, or effect of the
product: aspects of the packaging or labeling suggest the user will achieve a "high,"
euphoria, relaxation, mood enhancement, or that the product has other effects on the body;
the cost of the product is disproportionately higher than other products marketed for the
same use; the product contains a warning label stating or suggesting that the product is in
compliance with state laws regulating controlled substances; the product's name or
packaging uses images or slang referencing an illicit street drug: illicit or underground
methods of sale or delivery are employed by the seller or provider: the product resembles
an illicit street drug such as cocaine, methamphetamine, or marijuana.
(2) Exemptions. The provisions of this section do not apply to any product that is
specifically excepted by, or regulated within, the Florida Comprehensive Drug Abuse
Prevention and Control Act (Ch. 893, FIa. Stat.) or the Federal Controlled Substances Act
(21 USC — 81 et seg.); is a food product, drug, dietary supplement, cosmetic, or other
substance regulated by the Food and Drug Administration (FDA) and in compliance with
that agency's requirements; is regulated by and in compliance with the labeling
requirements of the Federal Trade Commission; is regulated by and in compliance with the
Federal Fair Packaging and Labeling Act; is regulated by and in compliance with the
Federal Food, Drug, and Cosmetic Act:, is regulated by and in compliance with the
regulations of the Florida Department of Agriculture and Consumer Services: or is a
tobacco product regulated by and in compliance with the regulations governing the tobacco
industry enforced by the Florida Department of Business and Professional Regulation,
Division of Alcoholic Beverages and Tobacco. For the purposes of this section, products
that are not subject to regulation by the act or agencies listed above are not exempt unless
the product is specifically exempt from regulation; mere "non- regulation" by these acts
without a specific regulatory exemption will not render a product exempt under this
section.
6
17C
SECTION SIX: Sale of Certain Products for Human Consumption Prohibited.
It is unlawful for any person to provide or sell a product for human consumption
when the product is labeled "not for human consumption" or contains similar warnings.
SECTION SEVEN: Enforcement.
This Ordinance shall be enforced by the Office of the Collier County Sheriff and /or
the appropriate law enforcement official within Collier County having jurisdiction as it
pertains to the location of the secondhand store.
SECTION EIGHT: Violations and Penalties.
All violations of this Ordinance may be processed according to the Collier County
Consolidated Code Enforcement Ordinance (Ord. No. 2010 -04, as amended) and per
provisions of Parts I or II of Chapter 162, Florida Statutes, as may be applicable. A law
enforcement official or code enforcement officer is specifically authorized to issue a
citation for each violation. Each day of any such violation shall constitute a separate and
distinct offense. Further, each failure to properly document transaction information shall
constitute a separate and distinct offense.
The County may also enforce this Ordinance by action in equity, including
injunctive or declaratory relief, in the appropriate court of competent jurisdiction.
Any person who knowingly violates any provision of this Ordinance, including
refusal to allow a law enforcement official to make an inspection under this Ordinance,
shall also be punished in the same manner as a misdemeanor as provided by general law.
SECTION NINE: 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.
7
17C
SECTION TEN: 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 Ordinance of Collier County, Florida. The sections of the Ordinance may be
renumbered or relettered to accomplish such, and the word "ordinance" may be changed to
"section," "article," or any other appropriate word.
SECTION ELEVEN: Effective Date.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, this 6day of a,,,%&X&k!5.A _, 2013.
ATTEST: �a r
DWIGHT E ,,1bCI�;. C12ERK
+4 4iY
By. -�
Vogt dJ�.
BOARD OF COUNTY MMISSIONERS
COLLIER COUNTY, FLORIDA L
•
s
JiA-'A. HILLER, ESQ.
WOMAN
17 c j
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2013 -02
which was adopted by the Board of County Commissioners
on the 9th day of January, 2013, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 14th
day of January, 2013.
DWIGHT E. BROCK
Clerk of Courts- and-Clerk
Ex- officio to BoA'r d:;of''
County Commiss.�orie r-s
By: Ann h ,
Deputy Clerk