Agenda 06/22/2021 Item #10A (Consideration of an Ordinance - Bill of Rights Sanctuary County06/22/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.A
Item Summary: *** This item to be heard at 10:00 am. This Item continued from the June 8,
2021 BCC Meeting *** Recommendation for the Board to consider adoption of a County Ordinance
establishing Collier County as a Bill of Rights Sanctuary County. (Commissioner McDaniel's Request)
Meeting Date: 06/22/2021
Prepared by:
Title: Sr. Operations Analyst – County Manager's Office
Name: Geoffrey Willig
06/09/2021 10:31 AM
Submitted by:
Title: Division Director - Corp Fin & Mgmt Svc – County Manager's Office
Name: Mark Isackson
06/09/2021 10:31 AM
Approved By:
Review:
Office of Management and Budget Geoffrey Willig Level 3 OMB Gatekeeper Review Skipped 06/09/2021 10:31 AM
County Attorney's Office Geoffrey Willig Level 3 County Attorney's Office Review Skipped 06/09/2021 10:31 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 06/15/2021 1:48 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 06/22/2021 9:00 AM
10.A
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ORDINANCE NO. 2021-____
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLER COUNTY, FLORIDA, ESTABLISHING COLLIER COUNTY
AS A BILL OF RIGHTS SANCTUARY COUNTY
WHEREAS the Collier County Board of County Commissioners has growing concerns
over the federal government’s increasing encroachment on the rights and privileges of its
citizens; and,
WHEREAS of particular concern are those edicts being promulgated by the federal
government in the form of executive orders, which circumvent the legislative process and
arguably violate the fundamental American doctrine of separation of powers; and,
WHEREAS Article I, Section 1 of the Florida State Constitution recognizes that, “[a]ll
political power is inherent in the people…”; and,
WHEREAS the Tenth Amendment to the Constitution of the United States of America
states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to
the States, are reserved to the States respectively, or to the people.”; and,
WHEREAS “… federalism protects the liberty of the individual from arbitrary
power…[and a]n individual has a direct interest in objecting to laws that upset the constitutional
balance between the National Government and the States when the enforcement of those laws
causes injury that is concrete, particular, and redressable. Fidelity to principles of federalism is
not for the States alone to vindicate.” Bond v. United States, 564 U.S. 211, 222, 131 S. Ct. 2355,
2364-65 (2011); and,
WHEREAS “[t]he structural principles secured by the separation of powers protect the
individual as well.” Id.; and,
WHEREAS the State of Florida is divided into various counties and municipalities and
Article VIII, Section 1(f) of the Florida Constitution vests counties with “such power of self-
government as is provided by general or special law.”; and,
WHEREAS Chapter 125.01, Florida Statutes specifically authorizes counties to “[a]dopt
ordinances and resolutions necessary for the exercise of its powers… [and p]erform any other
acts not inconsistent with law, which acts are in the common interest of the people of the county,
and exercise all powers and privileges not specifically prohibited by law…”; and,
WHEREAS Chapter 125.01, Florida Statutes further provides that, “[t]he provisions of
this section shall be liberally construed in order to effectively carry out the purpose of this
section and to secure for the counties the broad exercise of home rule powers authorized by the
State Constitution.”; and,
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Packet Pg. 31 Attachment: Bill of Rights Sanctuary County final (16205 : Bill of Rights Sanctuary County Ord.)
WHEREAS neither the United States Congress nor the Executive Branch of the federal
government has the authority to commandeer the states to act (see, e.g ., Murphy v. National
Collegiate Athletic Ass’n, 138 S. Ct. 1461 [2018]); and,
WHEREAS the anti-commandeering principle is absolute and categorical. See Printz v.
United States, 521 U.S. 898, 935 (1997) (“It matters not whether policymaking is involved, and
no case-by-case weighing of the burdens or benefits is necessary; such commands are
fundamentally incompatible with our constitutional system of dual sovereignty.”); and,
WHEREAS “[w]here Congress exceeds its authority relative to the States, therefore, the
departure from the constitutional plan cannot be ratified by the "consent" of state officials” New
York v. United States, 505 U.S. 144, 182, 112 S. Ct. 2408, 2431 (1992); and,
WHEREAS the Board of County Commissioners acknowledges and affirms that the
Sheriff is an independent Constitutional officer and not under the authority of this Board, but the
Sheriff is charged with the duty to enforce County Ordinances;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Title
This ordinance shall be known and cited as the “Bill of Rights Sanctuary County
Ordinance”.
SECTION TWO: Findings
In addition to the foregoing whereas clauses, the Board of County Commissioners of
Collier County, Florida, hereby finds and declares:
In order to secure the rights of the citizens of Collier County as enumerated, in part, by
the United States Constitution including the first ten amendments thereto, which are commonly
referred to as the Bill of Rights of that Constitution, and reads as follows:
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free
exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people
peaceably to assemble, and to petition the Government for a redress of grievances.
Amendment II
A well regulated Militia, being necessary to the security of a free State, the right of the people to
keep and bear Arms, shall not be infringed.
Amendment III
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner;
nor in time of war, but in a manner to be prescribed by law.
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Packet Pg. 32 Attachment: Bill of Rights Sanctuary County final (16205 : Bill of Rights Sanctuary County Ord.)
Amendment IV
The right of the people to secure in their persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon
probable cause, supported by oath or affirmation, and particularly describing the place to be
searched, and persons or things to be seized.
Amendment V
No person shall be held to answer for a capital, or infamous crime, unless on a presentment or
indictment of a Grand Jury, except in cases arising in the land or naval forces, or in a militia,
when in actual service in time of War or public danger; nor shall any person be subject for the
same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal
case to be a witness against himself; nor be deprived of life, liberty, or property, without due
process of law; nor shall private property be taken for public use without just compensation.
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an
impartial jury of the State and district wherein the crime shall have been committed; which
district shall have been previously ascertained by law, and to be informed of the nature and cause
of the accusation; to be confronted with the witnesses against him; to have compulsory process
for obtaining witnesses in his favor; and to have the assistance of counsel for his defense.
Amendment VII
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of
trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any
Court of the United States, than according to the rules of common law.
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual
punishments inflicted.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage
others retained by the people.
Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the
states, are reserved to the states respectively, or to the people.
Collier County has the right to be free from the commanding hand of the federal
government and has the right to refuse to cooperate with federal government officials in response
to unconstitutional federal government measures, and to proclaim a Bill of Rights Sanctuary for
law-abiding citizens in its cities and County;
THEREFORE, through the enactment of this Ordinance, Collier County, Florida is
hereby declared to be a Bill of Rights Sanctuary County.
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Packet Pg. 33 Attachment: Bill of Rights Sanctuary County final (16205 : Bill of Rights Sanctuary County Ord.)
SECTION THREE: Definitions
A. An “Unlawful Act” shall consist of:
1. Any federal act, law, order, rule, or regulation, which violates or unreasonably
restricts, impedes, or impinges upon an individual’s Constitutional rights
including, but not limited to, those enumerated in Amendments 1 through 10 to
the United States Constitution.
2. Any such “Unlawful Act” is invalid in Collier County and shall not be
recognized by Collier County, and shall be considered null, void and of no
effect in Collier County, Florida.
SECTION FOUR: Prohibitions
A. Notwithstanding any other law, regulation, rule or order to the contrary, no
agent, department, employee or official of Collier County, a political
subdivision of the State of Florida, while acting in their official capacity, shall:
1. Intentionally participate in any way in the enforcement of any Unlawful Act; or,
2. Utilize any assets, Collier County funds, or funds allocated by any entity to
Collier County, in whole or in part, to engage in any activity that aids in the
enforcement or investigation relating to an Unlawful Act.
SECTION FIVE: Penalties
A. Anyone within the jurisdiction of Collier County, Florida, accused of being in
violation of this ordinance may be sued in Circuit Court for declaratory and
injunctive relief, damages and attorneys’ fees.
B. In addition to the civil liability provided for by Section A above, violation of
this Ordinance shall be punishable in accordance with Section 1-6 of the Collier
County Code of Ordinances (General Penalty).
SECTION FIVE: Conflict and Severability
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is
held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and such holding shall not affect the
validity of the remaining portion.
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Packet Pg. 34 Attachment: Bill of Rights Sanctuary County final (16205 : Bill of Rights Sanctuary County Ord.)
SECTION SIX: 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 Ordinance may be renumbered or
relettered to accomplish such, and the word “ordinance” may be changed to “section” or “article”
or any other appropriate word.
SECTION SEVEN: Effective Date
This Ordinance shall become effective upon filing with the Florida Department of
State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this ___ day of _____________. 2021.
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Packet Pg. 35 Attachment: Bill of Rights Sanctuary County final (16205 : Bill of Rights Sanctuary County Ord.)