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Ordinance 78-15ORDINANCE NO. 78 -15 AN ORDINANCE TO BE ENTITLED THE COLLIER COUNTY UNIFORM PISTOL LICENSING ORDINANCE; PROVIDING FOR AUTHORITY AND A SHORT TITLE; PROVIDING FOR AN APPLICATION PROCEDURE; PROVIDING FOR AN APPLI- CATION FORM; PROVIDING FOR AN INVESTIGATION; PROVIDING FOR THE FILING OF APPROVED APPLICATIONS; PROVIDING FOR THE VALIDITY OF LICENSES; PROVIDING FOR THE NONTRANSFERABILITY OF LICENSES; PROVIDING FOR LICENSE ELIGIBILITY AND CRITERIA; PROVIDING FOR LICENSING FORM; PROVIDING FOR THE AMEND:CENT, RENEWAL, EXPIRATION AND REPLACEMENT OF LICENSES; PROVIDING FOR THE REVOCATION OF LICENSES; PROVIL DING FOR THE LICENSING FEE; PROVIDING FOR AN AREA EMBRACED; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: SHORT TITLE - UNIFORM PISTOL LICENSING POLICY; AUTHORITY; 1. Pursuant to the authority delegated by the Florida legislature under Section 790.06 as amended, the Collier County Board of County Commissioners hereby establishes a uniform policy and procedure for the issuance of a license to carry a concealed pistol on the person. 2. This Ordinance shall be known as the "Collier County Uniform Pistol Licensing Ordinance." SECTION ~0: APPLICATIONS - 1. Requests - Requests for applications for licenses to carry a concealed pistol shall be made in writing to the County Manager's Office or such other county official that the Board of County Commissioners may designate. Ail requests shall indicate the Justification for the issuance of a license and the make, model, calibre, and serial number of the pistol for which a license is sought. 2. Upon r~eeipt of a written request, an application shall be issued. Applicants shall complete, sign, and verify his or her application prior to its return to the ~3A1303~ 008 4f SECTION THREE: APPLICATIONS - FORM 1. The form of the application shall be determined by the Board of County Commissioners provided, however~ that each appli- cation shall contain the following: a. Each individual signing an application shall submit one photograph of himself and a duplicate for each required copy of the application. Such photograph shall have been taken within thirty (30) days prior to filing the applica~ton and shall be 1 x 1-1/4 inches square! b. A sworn statement indicating the use of and necessity for carrying a concealed pistol. c. An approved form containing the applicant's fingerprints. d. A sworn statement that the applicant has com- plied with all criteria and procedures established by this Ordinance. e. Documentation evidencing that the applicant has met the criteria established under this Ordinance, including but not limited to police reports, affidavits, and certificates of the non-existence of public records' regarding criminal convictions and adjudication as to mental competence. SECTION FOUR: INVESTIGATION'- The Sheriff shall conduct a record check on all applicants in order to determine whether an applicant has been convicted of any criminal offense that would affect his eligibility under SECTION SEVEN. SECTION FIVE: FILING OF APPROVED APPLICATIONS - The application for any license, if granted, shall be a public record and shall be filed by the County Manager with the Clerk of the Board of County Commissioners. SECTION SIX: LICENSE VALIDITY; NONTRANSFERABLE - 1. All license applications must be approved by the Board of County Commissioners before a valid license may be issued by the County Manager or his designee. Approval or denial shall be based upon compliance with the criteria established under SECTION SEVEN. ,' 2 of 6 2. No license issued under this Ordinance shall be .trans- ferred or assigned to any other person. SECTION SEVEN: LICENSE ELIGIBILITY; CRITERIA - No license to carry a concealed pistol shall be issued to any applicant unless: 1. It appears from the application and investigation required by this Ordinance that the applicant is not an ~lawful user of or addicted to any controlled substance as defingd in Chapter 893 Florida Statutes; ~ 2. It appears from the application and investigation required by this act that the appiicant has not been convicted of a violation of Section 790.07 Florida Statutes or the equivalent offenses under Federal or State la~ unless two years have elapsed since the person has been restored to his civil rights; 3. It appears from the application and investigation required by this Ordinance that the applicant has not been adjudicated a mental incompetent or has been comitted to a mental institution as betn~ dangerous to himself or others, unless he possesses a certificate of a medical doctor licensed in this state that he no longer suffers from disability; 4. The applicant affirmatively demonstrates that he or she is competent and skilled in the use of a pistol; 5. The applicant affirmatively establishes through appro- priate documentary evidence that he or she intends a proper use of or has a demonstrable need for carrying a concealed pistol. In affirmatively establishing the propriety of the use of or necessity for carrying a concealed pistol, the applicant must show: a. That the applicant has been the subject of substantiated serious threats against his or her life requiring police investigation or action and that such threats are likely to continue in existence; or b. That the primary business of the applicant is security work involving the protection of life or property; or 3 of 6 c. In instances where a license is sought for protection in the carrying or transport of controlled · substances or personal property that: i. There is no other means of transport other than personal transport available and ii. That escort or security transport services are not available. 6. The applicant affirmatively establishes that he ~r she is over the ag~ of eighteen (18) years of age and of good'moral character. A determination of good moral character shall be based upon consideration of a Sheriff's report and record check processed through the National Criminal Information Center, and in the event that a record check reveals an arrest and conviction upon a felony charge, the applicant shall be presumed not to be of good moral character for the purposes of this Ordinance. 7. The applicant posts the bond required by Section 790.06 Florida Statutes which bond shall be conditioned upon the proper use of the pistol as determined under subparagraph (5) above and as stated in SECTION THREE(1)(b). SECTION EIGHT: LICENSE FORM - 1. Any license issued under this Ordinance shall: a. Have a photograph of the licensee attached to or made a part of the license form: b. Specify the calibre, make, model, and serial number or other identifying characteristic or marking; c. Specify the date of expiration; d. Specify the use of the pistol for which the license has been issued; e. Be signed by the Clerk of the Board of County Commissioners or his deputy. SECTION NINE: LICENSE AMENDMENT; RENEWAL; EXPIRATION; REPLACEMENT- 1. Any person licensed under this Ordinance may at any time seek an amendment to his or her license to include or delete pistols from the license. 4 of 6 ~. Ali licenses shall explore upon the passing of two~) years from the date of issuance. 3. A license issued hereunder shall be automatically renewed upon: a. Presentation of an updated record check by the Sheriff; and b. The presentation of an affidavit stating that all criteria and requirements of this Ordinance have been complied with; and ? c. Upon payment of the fee required by SECTIO{~ ELEVEN of this Ordinance. 4. Upon satisfactory proof that a currently valid original license has been despoiled, lost or otherwise removed from the possession of the licensee, and upon application containing an additional photograph of the licensee, the County Manager or his designee shall issue a duplicate license. SECTION TEN: LICENSE REVOCATION - 1. Any license issued under this Ordinance may be revoked by the Board of County Commissioners upon a determination that: a. A licensee has been convicted of a felony; b. A licensee has misrepresented or concealed facts on his application which bear on the proper use of or need for carrying a concealed pistol, or which are otherwise material. 2. Revocation shall be automatic upon conviction of a felony, however, no license may be revoked for misrepresentation or concealment until a hearing has been held by the County Manager or his designee after at least 15 days written notice thereof to the licensee. The hearing official ~hall make findings of fact, a recommendation, and present a transcript of all hearings to the Board of County Commissioners prior to the revocation of any license by the Board of County Commissioners. SECTION ELEVEN: FEES - 1. All applications for a license or renewal shall be accompanied by an administrative fee of $25.00 for initial application and $10.00 for renewal. $of6 2. In the event that an applicant fails to demonstrate that he or she is competent and skilled in the use of a pistol as required by this Ordinance, the applicant shall be permitted to again attempt to demonstrate such competence only after the passing of 30 days from the date of the test which was failed upon the remittance of an additional range qualification fee to be determined in accordance with Section 1. above, r SECTION TWELVE: AREAS EMBRACED - All territory within the legal boundaries of Collier County, Florida including all incorporated and unincorporated areas shall be embraced by the provisions of this Ordinance. SECTION THIRTEEN: PENALTIES - Any per,on who violates any pro- vision of this Ordinance shall upon conviction be subject to a fine not to cxcced the sum of Five Hundred ($500.00) Dollars or imprisonment in the County Jail for a period not exceeding sixty (60) days, by both such fine and imprisonment, or to such other penalties as provided by law. If such violation be continued, each day of such violation shall constitute a separate offense. SECTION FOURTEEN: SEVERABILITY - It is declared to be the intent of the Board of County Commissioners that i~ any section, subsection, sentence, clause, phrase or provision of this Ordi- nance is held invalid or unconstitutional, such invalidity or unconstitutionality shall not be so construed as to render invalid or unconstitutional the remaining provisions of this Ordinance. SECTION FIFTEEN: EFFECTIVE DATE - This Ordinance shall be effective upon acknowledgment from the Secretary of State that the Ordinance has been duly filed. DATED: April 25, 1978 ATTEST; . ' /~ BOARD OF~COUNTY CO}~ISSIONERS COL IE /dOUNTY, FnORIpA Chairman Approved as to form and legal sufficiency: '-/~onald A. Pickworth / //Collier County Attorney/ 60f6 .This ordinance filed with tha Secretary of Stat'a's office the .1st day of May,1978 and acknowledgment of that filing ,received' this 4th day of ~y, 1978....