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Backup Documents 05/14/2013 Item # 9AAmending 2003 -53 Ethics Ordinance COLLIER 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: 5/14/13 Originating Dept/ Div: County Attorney Person: Jeffrey A. Klatzkow, County Attorney Date: April 25, 2013 Petition No. Of none, give brief description): Petitioner: (Name & Address): N/A 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.) May 14, 2013 (ad to run no later than WEDNESDAY, May 1, 2013) 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, AMENDING ORDINANCE NO. 2003 -53, AS AMENDED, THE COLLIER COUNTY ETHICS ORDINANCE, BY AMENDING SECTION FIVE, "DEFINITIONS;" SECTION SIX, "STANDARDS OF CONDUCT;" AND SECTION NINE, "SUPPLEMENTAL PROVISIONS," WHICH WILL BE RE- TITLED TO "INCORPORATION OF STATE LAW BY GENERAL REFERENCE;" PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. Companion petition(s), if any & proposed hearing date: N/A Does Pet' ion Fee include advertising cost? ❑ Yes XXX No If Yes, what account should be charged for advertising costs: t____ P.O. 4500139337 yea Reviewe b C) �1 a s Division ► trator or Designee Date List Attac nts. 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 O Y: Date Received: ate of Public hearing: 5 If Date Advertised: 9A Teresa L. Cannon From: NeetVirginia <VirginiaNeet @colliergov.net> - - - Sent: Thursday, April 25, 2013 3:37 PM ' To: Minutes and Records Cc: Ann P. Jennejohn; Greene, Colleen Subject: Ad Request - Amendment to Ethics Ordinance Attachments: Advertising Request - Amendment to Ethics Ordinance.docx; Ad Request - Amendment to Ethics Ordinance.pdf Ann Here's another one. Also to run on 5/1/13. 1 will provide a signed ordinance as soon as the attorneys are finished with it. Please call if you have any questions. Dinny Virginia A. Neet, Legal Assistant Office of the Collier County Attorney Telephone (239) 252 -8066 - Fax (239) 252 -6600 ;.. pub k, iecorcl If you d W >wt pow,", woodsy r.,9 �;;* ed in 'espnnse to a Pub }eque,,-I .�ewi ,,,Mn1 , u,a , fo entity. ....W<a d. « "fiu, by Ydpp t op..:4, or :rit €rah 1 '9A Teresa L. Cannon From: NeetVirginia < VirginiaNeet @colliergov.net> Sent: Friday, April 26, 2013 8:53 AM To: Teresa L. Cannon Subject: FW: Ad Request - Amendment to Ethics Ordinance From: NeetVirginia Sent: Thursday, April 25, 2013 4:19 PM To: 'Minutes and Records' Subject: RE: Ad Request - Amendment to Ethics Ordinance Good catch! Yes, it should read providing "FOR" an effective date. I just made that change on the ordinance. Thankyou! I= From: Teresa L. Cannon [ mailto: Teresa. Cannon @colIierclerk.com] On Behalf Of Minutes and Records Sent: Thursday, April 25, 2013 4:13 PM To: NeetVirginia Subject: RE: Ad Request - Amendment to Ethics Ordinance Since I don't have the Ordinance yet and I noticed the others have the word "FOR" before an effective Date. Can you tell me if the wording will be the same or how it is on the ad request sheet. From: NeetVirginia [mailto :VirginiaNeet @colliergov.net] Sent: Thursday, April 25, 2013 3:37 PM To: Minutes and Records Cc: Ann P. Jennejohn; Greene, Colleen Subject: Ad Request - Amendment to Ethics Ordinance Ann: Here's another one. Also to run on 5/1/13. 1 will provide a signed ordinance as soon as the attorneys are finished with it. Please call if you have any questions. 9A � Acct #027354 April 26, 2013 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: Amending Ordinance 2003 -53 — Ethics Ordinance Dear Legals: Please advertise the above referenced notice on Wednesday, May 1, 2013, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #4500139337 `9A' NOTICE TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, May 14, 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, AMENDING ORDINANCE NO. 2003 -53, AS AMENDED, THE COLLIER COUNTY ETHICS ORDINANCE, BY AMENDING SECTION FIVE, "DEFINITIONS;" SECTION SIX, "STANDARDS OF CONDUCT;" AND SECTION NINE, "SUPPLEMENTAL PROVISIONS," WHICH WILL BE RE- TITLED TO "INCORPORATION OF STATE LAW BY GENERAL REFERENCE;" PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance 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 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 Tamiami Trail East, Suite #101, Building W, Naples, Florida 34112, 9A- " (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA GEORGIA A. HILLER, ESQ, CHAIRWOMAN DWIGHT E. BROCK, CLERK By: Teresa Cannon, Deputy Clerk (SEAL) 9A Teresa L. Cannon To: Legals NDN (legals @naplesnews.com) Subject: Amending Ord. 2003 -53, Ethics Ordinance Attachments: Amending 2003 -53 Ethics Ordinance.doc; Amending 2003 -53 Ethics Ordinance.doc Legals, Please advertise the attached legal ad on Wednesday, May 1, 2013. Thanks 1 I - 9 -A Teresa L. Cannon — From: Polidora, Carol < cpolidora @naplesnews.com> Sent: Friday, April 26, 2013 1:30 PM To: Teresa L. Cannon Subject: Ad Confirmation Attachments: UASAI9F jpg Teresa, Please approval ASAP for publication on 05.01.13. Thank you! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 0: (239) 263 -4871 1 Fax: (239) 312 -1251 1 cpolidora @naplesnews.com naplesnews.com I ndnadvertising.com Read.Learn.Share. How may we help you? Call us at (239) 213 -6000 Thank you for placing your ad. Date 04/26/13 Publication NDN Account Number 503641 Ad Number 1987808 Total Ad Cost $259.38 NOTICE TO CONSIDER ORDINANCE a 9 A Notice is hereby given that on Tuesday, May 14. 2013, in the Boardroom, 3rd Floor, Admini strati cn Budding, Collier County Government Center, 3299 East Tamiarni Trail, Naples, Florida, the Board of County Comm iss,io rye rs vutill consider the enactinerit of a C6unty Ordinance. The rneetong vfill commence at 9:00 AJV1. The title of the proposed Ordinance is as Tfollmev5: Copies of the proposed Ordinance are on file vvith the Clerk to the Board and are mailable for inspection. All interested par-ties are invited to attend and be heard vaj NOTE All persons wishing to speak on any agenda item must register with the anumy administrator rear or to jxe5,entation of the agenda itern to be addressed individual speakers, wift be fitniled to 3 tnintrte on any item. The selection of an individual to S k on behalf of en organization or group is encouraged. if fecogm.,zed �y tw� Chairman, a spokesperson for a group ot organization may be allotted 10 minutes to speak ,on an itern. Persons wishinq to have written or graphic, materials indLided in the Board agenda packets must submit said material a minim urn of 3 vveeks prior to the respective , au ii c heating In any case, writtet"t materials intended to be considered by the l3card shall be submitted to the appropriate County staff a minimum of seven day's prior to -the public hiEarinq, All material used in presentations before the Coard k vill becorno a permanent part of the record Any perso:i who decides to appeal a decision of the Board will reed a record cif the proceedings pert, ining thereto and -therefore, may need to ensure that a verbatim record of the proceedings i5 made, which record includes the testimony and evidence upon whith the appeal 15 based. you are a person vJth a disability who needs any, accommodatior in order to participate in this pioteeding, you are entitled, at no cost to you, to the provi5ion of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tar iarnt Trail East, 5uite, #101, Building W, Naples, Florida 34112, (239) 252-8,380. Assisted listening dunces for the hearing tmpaered are available in the Couts Commis:5ioners" Office, C-OARD Of COUNTY COMMISSIONER$ COLLIER COUNTY, FLORIDA G-FORGIA A. HILLER, '!:")Q. CHAIRWOMAN DW)GHT E, BROCK. CLERK By: Teresa Cannon, Daputy Clerk AL) iy 1. 2013 No,1987309 9 A Teresa L. Cannon From: NeetVirginia <VirginiaNeet @colliergov.net> Sent: Friday, April 26, 2013 4:04 PM To: Teresa L. Cannon Subject: RE: Ad Confirmation Approved. Dinny - - - -- Original Message---- - From: Teresa L. Cannon [ mail to: Teresa.Cannon @collierclerk.com] Sent: Friday, April 26, 2013 2:18 PM To: NeetVirginia Subject: FW: Ad Confirmation For review Teresa L. Cannon, BMR Clerk III Minutes and Records Department 239 - 252 -8411 239 - 252 -8408 fax Teresa.Cannon @collierclerk.com - - - -- Original Message---- - From: Polidora, Carol [mailto :cpolidora @naplesnews.com) Sent: Friday, April 26, 2013 1:30 PM To: Teresa L. Cannon Subject: Ad Confirmation Teresa, Please approval ASAP for publication on 05.01.13. Thankyou! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 O: (239) 263 -4871 1 Fax: (239) 312 -1251 1 cpolidora @naplesnews.com naplesnews.com I ndnadvertising.com Read. Lea rn.Share. How may we help you? Call us at (239) 213 -6000 Thank you for placing your ad. 1 NOTICE TO CONSIDER ORDINANCE Notke & Itreby 1 Y. MINr I4 2613, in the Boardroom, 3rd Floor, Administration u� ilding, Collier County Government Center, 3299 East 'Tamiami Trail' Naples. Florida, the Board of County Commissioner 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: qqNN O1�DIlN�qgN������� O�F THE BOARD) Cpty��1SSIONERS OF <pLUER COLLIER "rLORIDA AMENDING, N6%'20/�53, AS, AMENDED COLLIER COUNTYY EETHICS INA E BY AMENDING SECTION FIVE, (HF N SIX "ST AND. SEC�'1 A "SU AL OVISIONS' WHICH OF STATE LAW BY GENERAL REFERENCE;' PROVIDING OR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF. LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance 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 Count y 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. I 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 resppective Public hearing. In any case, written materials intended to be considered by the Board shal)q 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 proceedin ppeertaining 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 Tamiami Trail East, Suite #101, Building 1N, Naples, Florida 34112, (239) 252.8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA GEORGIA A. HILLER, ESQ, CHAfkWOMAN .. � DWIGHT E. BROCK, CLERK By: Teresa Cannon, Deputy Clerk ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ► A THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are 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. * *NEW ** ROUTING SLIP Complete routing lines #1 through #2 as appropriate for additional signatures, dates, and/or information needed. Ifthe document is already complete with the Potion of the Chairman's signature draw a line thrtmgh mutiny lines #1 through #2- complete the checklist. and forward to the County Attorney Office. -"--r -- - - -- , - - - - - - Route to Addressee(s) (List in routing order) Office Initials Date 1. appropriate. (Initial) I — 2. 5/14/13 Agenda Item Number 1 3. County Attorney Office County Attorney Office JAK 5/14/13 4. BCC Office Board of County Commissioners Number of Original One 5. Minutes and Records Clerk of Court's Office Documents Attached 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 cnntnct staff for additional or missing information. Name of Primary Staff Jeffrey A. latzkow, County Attorney r Phone Number 252 -8400 Contact / Department appropriate. (Initial) I — Agenda Date Item was 5/14/13 Agenda Item Number 1 Approved by the BCC Does the document need to be sent to another agency for additional signatures? If yes, JAK Type of Document Ethics Ordinance (� 2013 '"3/ Number of Original One Attached Original document has been signed/initialed for legal sufficiency. (All documents to be 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 1: 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 J should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 5/14/13 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the char es, if a licable. dJAK 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made, and the document is ready for t Chairman's signature. 1: 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 ORDINANCE NO. 2013 - 3 9 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2003 -53, AS AMENDED, THE COLLIER COUNTY ETHICS ORDINANCE, BY AMENDING SECTION FIVE, "DEFINITIONS;" SECTION SIX, "STANDARDS OF CONDUCT;" AND SECTION NINE, "SUPPLEMENTAL PROVISIONS," WHICH WILL BE RE- TITLED TO "INCORPORATION OF STATE LAW BY GENERAL REFERENCE;" PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 112, Part III, Florida Statutes, establishes a code of ethics and provides standards of conduct for public officers and employees; and WHEREAS, the Board of County Commissioners (Board) adopted Ordinance No. 2003- 53, known as the Collier County Ethics Ordinance, to complement and enhance the State standards set forth in Chapter 112, Florida Statutes, and to further the public's trust in their local government; and WHEREAS, the Board subsequently amended Ordinance No. 2003 -53 through its adoption of Ordinance No. 2004 -05 and Ordinance No. 2011 -15; and WHEREAS, the Board desires to revise Ordinance No. 2003 -53, as amended, in the manner set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENTS TO SECTION FIVE OF ORDINANCE NO. 2003 -53, AS AMENDED. Section Five is hereby amended as follows: SECTION FIVE: DEFINITIONS. (a) For the purposes of this Ordinance, the definitions contained in Chapter 112, Part III, Florida Statutes, shall apply and control, in accordance with the subject matter, unless the text and /or context of this Ordinance provides otherwise. * * * * * * * * * * * * * * * * * * * ** I Text underlined is added, text stmekthfoug k is deleted. 9A 4 County Managerial Employee shall mean the County Manager, Assistant and /or Deputy County Manager, County Attorney, Chief Assistant County Attorney and all Division Administrators, and Department and Authority Directors of Collier County Government. Also included in this definition are procurement employees and those county employees actively engaged in selecting contractors or in supervising, overseeing, or vouchering for contract performance. Gift shall have the definition contained in Chapter 112, Part III, Florida Statutes, with the following additions and exceptions: (1) Additions: a. Initiation fees. (2) Exceptions: "Gift" shall not include: * * * * * * * * * * * * * * * * * * * ** d. Food or beverage accepted when: (i) offered free in the course of a professional or civic meeting or group function at which attendance is desirable because it will assist the person in performing his or her official duties; or (ii) provided to all panelists or speakers when a person is participating as a panelist or speaker in a program, seminar, or educational conference. In addition to all other circumstances where this Ordinance allows public servants to accept food and beverages, and notwithstanding any other section of this Ordinance or personnel manual to the contrary, public officials and all county employees may accept food or beverage as mentioned above in this subsection and consumed at a single sitting or event only if the costs for said food or beverage do not exceed the rg eater of $25 or the rate for the appropriate per diem allowance for said meal as provided in Chapter 112, Florida Statutes. If, under circumstances beyond the control of the donee, the costs exceed the per- dieffl. this rate, the donee may accept said food or beverage but shall file a written disclosure statement within five working days of the acceptance with the County Manager on a form provided by the County Manager. The value of food or beverages, for purposes of this subsection, shall be the price that the consuming public would be expected to pay for the same item(s). * * * * * * * * * * * * * * * * * * * ** 2 Text underlined is added; text struelithfoug is deleted. amlF`111 i. Food or beverage items when offered as a customary courtesy to all attendees at any business meeting or business activity at which attendance by the public servant(s) in question is required or appropriate for purposes of performing county job duties or county responsibilities, provided that such food or beverage items would have a reasonably estimated value of no more than $4.W $25. of example, stieh food and beverage items may inelude a eup of eeffee,—a SECTION TWO: AMENDMENTS TO SECTION SIX OF ORDINANCE NO. 2003 -53, AS AMENDED. Section Six is hereby amended as follows: SECTION SIX: STANDARDS OF CONDUCT (a) A public servant official shall not accept a gift, directly or indirectly, if he or she knows or reasonably should have known that it was given with the intent to reward or influence him or her in the performance or nonperformance of his or her public duties. (b) No public sew official shall participate in the selection of a vendor or the approval of a contract if that employee has received a gift, directly or indirectly, from someone representing the vendor or a contracting party, including gifts from relatives. Furthermore, no public servant shall participate in permitting or inspection decisions if that employee has received a gift from the permit or inspection applicant /potential recipient or the applicant/potential recipient's principal, including gifts from relatives. * * * * * * * * * * * * * * * * * * * ** (d) The following gift prohibitions for public officials are enacted as additional and more stringent standards of conduct than those specified Section 112.3148, Florida Statutes: (1) Public officials shall not solicit or accept, directly or indirectly, any fee, compensation, gift, gratuity, favor, food, entertainment, loan, or any other thing of monetary value, from anyone who the public official knows or reasonably should know: a. Has, or is seeking to obtain, contractual or other business or financial relations with the county department or board with which the public official is affiliated. b. Conducts or represents a person or entity that conducts operations or activities that are regulated by the county department or board with which the public official is affiliated. Text underlined is added; text st...,^v dffough is deleted. C. Is seeking zoning, permitting, or inspection approval from the county department or board with which the public official is affiliated. d. Has interests that may be substantially affected by the performance or non - performance of duties of the county public official. e. Is in any way attempting to affect the official actions of the county public official. This paragraph is not intended to (i) prohibit a public official from obtaining a loan from a financial institution at a rate and terms available to all other similarly situated members of the public by virtue of occupation, affiliation, age, religion, sex, or national origin, (ii) to prevent public officials from accepting a gift under $25 from a constituent or from a non - lobbyist, when customary to do so such as within the context of a social setting_ unless he or she knows or reasonably should have known that it was given with the intent to reward or influence him or her in the performance or nonperformance of his or her public duties-, or (iii) to otherwise accept personal gifts from individuals who do not fall within the prohibitions set forth above when the circumstances demonstrate that the motivation for the gift was clearly the personal or social relationship rather than an attempt to obtain the goodwill or otherwise influence the public official in the performance of his or her official duties. * * * * * * * * * * * * * * * * * * * ** SECTION THREE: AMENDMENTS TO SECTION NINE OF ORDINANCE NO. 2003 -53, AS AMENDED. Section Nine is hereby amended as follows: SECTION NINE: SUPPLEMENTAL PROVISIONS INCORPORATION OF STATE LAW BY GENERAL REFERENCE. The provisions of State law governing ethics for public officers and employees, including Chapter 112 Part III Florida Statutes are hereby � ncorporated by general reference as they may exist and be amended from time to time To the extent that the provisions of this Ordinance are more stringent than those of State law, then this Ordinance shall apply. * * * * * * * * * * * * * * * * * * * ** Text underlined is added; text stmok through is deleted. RUM ' hu- * * * * * * * * * * * * * * * * * * * ** Text underlined is added; text stmok through is deleted. 19A SECTION FOUR: 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 FIVE: 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 SIX: 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 �� k�_ day of Mo,, , 2013. ATTEST: ;` ? DWIGHI''E. BROCK' Cle;.lc r. By: pit ler Attest as to'Cl�a'i signature only. BOARD COUNTY COMMI', COLLIE Q?UJTY, Fj ORIDA F � LIM GEO�Wl)1 /A1 MILLER, ESQ. Text underlined is added; text str^^'sn is deleted. ONERS 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 -39 ►9A which was adopted by the Board of County Commissioners on the 14th day of May, 2013, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 20th day of May, 2013. DWIGHT E. BROCK. =" Clerk of Courts,,,A —nu. "4?F}c Ex- officio to,Aoax&of -r . County Commis:Skic h, rs' - -' . . w By: Martha Verg'ta, Deputy Cler