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' ORDINANCE NO. 11-020
AN ORDINANCE AMENDING SECTION 1-15-20 (FIREARMS) OF ARTICLE II
(REGULATIONS FOR PROPERTIES AND FACILITIES OWNED OR LEASED BY
COUNTY) OF CHAPTER 1-15 (PARKS AND RECREATION) OF THE ST. LUCIE
COUNTY CODE OF ORDINANCES DELETING REGULATION OF FIREARMS
DUE TO PREEMPTION BY THE STATE OF FLORIDA; PROVIDING FOR
CONFLICTING PROVISIONS; PROVIDING FOR PENALTIES; PROVIDING FOR
FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN
EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR
CODIFICATION
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following
determinations:
1. Section 790.33, Florida Statutes, provides, with some limited exceptions, that exclusive
jurisdiction over the regulation of firearms in Florida, including the possession and transportation of
firearms, is vested exclusively in the State of Florida and that any local ordinances to the contrary shall be
null and void.
2. Section 790.06, Florida Statutes, authorizes the State of Florida to issue licenses to persons
to carry concealed weapons or firearms in most areas of the state, including county parks and recreational
areas.
3. Section 1-15-20, St. Lucie County Code of Ordinances, provides that no person shall carry,
use or possess firearms of any description in any properties orfacilities owned or leased by St. Lucie County.
4. Section 1-15-20, St. Lucie County Code ofOrdinances, appears to be in conflict with Section
790.06, Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County,
Florida:
Chapter 1-15 (Parks and Recreation) ofthe St. Lucie County Code ofOrdinances, is hereby amended
as follows:
CHAPTER 1-15
PARKS AND RECREATION
ARTICLE 11. REGULATIONS FOR PROPERTIES AND FACILITIES OWNED OR LEASED BY COUNTY
PART A. AMENDMENT OF SECTION 1-15-20. FIREARMS.
Section 1-15-20 (Firearms) is hereby amended to read as follows:
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
underlined vassages are added. -1- FILE # 3011307 07/20/2011 at 03:07 PM ORDN
OR BOOK 3309 PAGE 1777 - 1779 Doc Type:
RECORDING: $27.00
. ~ Section 1-15-20. Firearms.
(a) No person shall carry, use, or possess, ' ,
gars; bows and arrows or any other form of weapon which is potentially hostile to wildlife or dangerous
to human safety on or in the areas regulated by this article, except as authorized by state law or when such
items are used in a program sponsored, provided, or authorized by a unit of St. Lucie County government.
Without limitation, a person may carry a concealed weapon or firearm to the extent permitted by Section
790.06. Florida Statutes.
(b) No person shall harm or cause harm in any way to wildlife, inclusive of all species of
mammal, bird, reptile, or amphibian, or harm their nest or burrow on or in the areas regulated by this
article, except that park/preserve personnel may be empowered to make such removals and scientists and
students of wildlife biology may be given specimen collecting permits by the county administrator.
PART 6. CONFLICTING PROVISIONS.
Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County,
and adopted prior to January 1,1969, County ordinances and resolutions, or parts thereof, in conflict with
this ordinance are hereby superseded by this ordinance to the extent of such conflict.
PART C. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, orvoid, such holding shall not affect the remaining portions ofthis ordinance. Ifthis ordinance
or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such
holding shall not affect its applicability to any other person, property, or circumstance.
PART D. FILING WITH THE DEPARTMENT OF STATE.
The Clerk is hereby directed forthwith to send a certified copy ofthis ordinance to the Bureau of
Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304.
PART E. EFFECTIVE DATE.
This ordinance shall take effect upon filing with the Department of State.
PART F. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Chairman Chris Craft AYE
Vice Chairman Chris Dzadvosky NAY
Commissioner Tod Mowery AYE
Commissioner Frannie Hutchinson AYE
Commissioner Paula A. Lewis AYE
Underlined passages are added. -2- SeroekMrengF passages are deleted.
PAlRT G. CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County,
Florida, and the word "ordinance" may be changed to "section," "article," or other appropriate word, and
the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided,
however, that Parts B through G shall not be codified.
PASSED AND DULY ADOPT 'SK ' C j Cy of July 2011.
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Underlined Dassages are added. _3_ 5araekthroe~gh passages are deleted.
RICK SCOTT DIVISION OF LIBRARY AND INFORMATION SERVICES
Governor
July 22, 2011
Honorable Joseph E. Smith
Clerk of the Circuit Co~art
St. Lucie County
2300 Virginia Ave
Fort Pierce, Florida 34982
Attention: Ms. Millie Delgado-Feliciano, Deputy Clerk
Dear Mr. Smith:
m
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated July 18, 2011 and certified copies of St. Lucie County Ordinance Nos. 11-020, 11-022 and
11-023, which were filed in this office on July 20, 2011.
Sincerely,
~X--t.~.~~~
w.ti-
Liz Cloud.
Program Administrator
LC/vm
DIRECTOR'S OFFICE
R.A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
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KURT S. BROWNING
Secretary of State
CAPITOL BRANCH RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKLY
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