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Ordinance 88-043ORDINANCE NO. 88- 4~ AN ORDINANCE REPEALING ORDINANCE NO. 81-53 .?~ WHICH PROHIBITED SMOKING IN CERTAIN PUBLIC ' ~ c~ 'J~ :J' PLACES OR PORTIONS THEREOF; PROVIDING FOR rq~ ~ d~ .~'!~'~ IMPLEMENTATION OF CHAPTER 386, FLORIDA ~=~ ~ ~ ~ ~ ~'STATUTES, PROVIDING FOR CONFLICT AND ~ ~ ~ ~J~SE~BILITY; PROVIDING AN EFFECTIVE DATE. ~ ~ ~ Count, Florida, adopted Ordinance No. 81-53 on Septe~ 2~ 1981, prohibiting smoking in certain publio places or portions thereof; and WHE~S, Chapter 85-257, Laws of Florida, established the "Florida Clean Indoor Air Act" which expressly preempts regulation of smoking to the state an~ supercedes any municipal or county ordinance on the subject; and WHE~AS, the Board of County Co~issioners finds it to be in the best interest of the citizens of Collier County to implement Chapter 386, Florida Statutes, as it applies to gover~ent buildings; and WHE~AS, the Board of County Co~issioners finds it necessary and appropriate to repeal Ordinance No. 81-53; NOW, THE~FO~, BE IT O~AINED BY THE BOARD OF COUNTY CO}~ISSIONERS OF COLLIER CO~TY, F~RIDA, that: SECTION ONE: Implementation of the "Florida Clean Indoor Air Act". The "Florida Clean Indoor Air Act", Chapter 386, Florida Statutes, is hereby adopted for all government buildings within Collier County. SECTION ~O~ Repeal of Ordinance No. 81-53. Collier County Ordinance No. 81-53, which prohibited smoking in certain public places or portions thereof iS hereby repealed in its entirety. SECTION TM~E~ Conflict and Suverability. 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. S~CTION FOUR= Effective Date. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the S~cretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, thin'day of ~ , 1988. ATTEST: JAMES C. GILES, Clerk :,- :. ,%,'.~..1' -. :. .. ~ - ~. ~ '. '....,~], , . ;..' ~ -- . . :~.. . .. : ~. .'~ Apg.~%ved. a~.~to form %.1 ega L': sUf.~ctency ~ · County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ARNOLD LEE GLASS, Chairman This ordinance filed wlth ~ dl~ta~/ of State's Office_the. Qncl ocknowledgend'nt of that 2 STATE OF FLORIDA ) COUNTY OF COLLIER ) I, JAMES C. GILES, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: Ordinance No. 88-43 which was adopted by the Board of County Commissioners on the 26th day of April, 1988, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 26th day of April, 1988, JAMES C. GILES Clerk of Courts and Clerk Ex-officio to Board of Count mmissioners By: Virginia Magri Deputy Clerk '''4 3'47