Ordinance 2017-35 ORDINANCE NO. 2017 - 3 5
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 92-60,
AS AMENDED (THE COLLIER COUNTY TOURIST DEVELOPMENT
TAX ORDINANCE) BY AMENDING SECTION TWO, TOURIST
DEVELOPMENT PLAN, PROVIDING FOR THE ADOPTION OF AN
ADDITIONAL 1% (5th PERCENT) TOURIST DEVELOPMENT TAX TO
BE USED FOR TOURISM PROMOTION, AND AMENDING SECTION 3,
USES OF TAX REVENUE, TO REALLOCATE THE TOURIST
DEVELOPMENT TAX AS SET FORTH IN SECTION 125.0104, FLA.
STAT. AUTHORIZING THE TOURIST DEVELOPMENT TAX AND THE
TOURIST DEVELOPMENT PLAN EXHIBIT "A"; DELETING IN THEIR
ENTIRETY SECTION FOUR, BALLOT QUESTION, AND SECTION
FIVE, USE OF PREVIOUSLY COLLECTED TAX RECEIPTS;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 125.0104, Florida Statutes, provides for the levy of a local option
tourist development tax by any county; and
WHEREAS, on August 18, 1992, the Board of County Commissioners (Board) adopted
Ordinance No. 92-60, which levied and imposed a 2% tourist development tax throughout
Collier County for the purposes permitted in Section 125.0104, Florida Statutes, as amended; and
WHEREAS, through adoption of Ordinance No. 95-56 and Ordinance No. 2005-43, the
Board levied an additional 3rd and 4th percent tourist development tax; and
WHEREAS, the Board, by supermajority vote, desires to amend Section Two of
Ordinance No. 92-60, as amended, to provide for the adoption of an additional 1% (5th percent)
tourist development tax; and
WHEREAS, the Board, by supermajority vote, desires to amend Section Three of
Ordinance No. 92-60, as amended, to reallocate tourist development tax funds as set forth in
Section 125.0104, Fla. Stat. and the Tourist Development Plan, Exhibit"A", and
WHEREAS, the Board, by supermajority vote, desires to repeal Sections Four and Five
to remove outdated language regarding the original referendum and imposition of the tourist
development tax; and
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WHEREAS, the Board intends to seek a bond validation proceeding regarding the
development of a Amateur Sports Complex in Collier County; and
WHEREAS, the proposed amendments were presented to and recommended for approval
by the Collier County Tourist Development Council.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: THE FOLLOWING SECTIONS OF ORDINANCE NO. 92-60, AS
AMENDED, KNOWN AS THE TOURIST DEVELOPMENT TAX
ORDINANCE, ARE HEREBY FURTHER AMENDED AS
FOLLOWS:
Section One: Purpose
This ordinance is adopted pursuant to the authority and requirements of Chapter
125.0104, Florida Statutes, for the purpose of levying and imposing the Tourist Development
Tax, subject to approval by voters at a referendum election. It is further the intent of this
Ordinance to provide for the use of the receipts of the tax imposed by Ordinance No. 90-43 as
required by Laws of Florida, Chapters 92-175 and 92-204.
Section Two: Tourist Development Tax
A. There is hereby levied, imposed and set a tourist development tax throughout the
geographic area of the county at a rate of two percent of each whole and major fraction of each
dollar of the total consideration charged every person who rents, leases or lets for consideration
any living quarters or accommodations in any hotel, apartment hotel, motel, resort motel,
apartment, apartment motel, roominghouse, mobile home park, recreational vehicle park, or
condominium for a term of six months or less, as provided in Section 125.0104(3)(a), Florida
Statutes, as amended, unless such person rents, leases, or lets for consideration any living
quarters or accommodations which are exempt according to the provisions of Chapter 212,
Florida Statutes. When receipt of consideration is by way of property other than money, the
tax shall be levied and imposed on the fair market value of such nonmonetary consideration.
B. The tourist development tax shall be in effect until repealed by the Board or repealed by
referendum pursuant to Section 126-90 herein and shall be in addition to any other tax imposed
pursuant to Chapter 212, Florida Statutes, and in addition to all other taxes, fees and the
considerations for the rental or lease.
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C. The tourist development tax shall be charged by the person receiving the consideration
for the lease or rental, and it shall be collected from the lessee, tenant, or customer at the time
of payment for the consideration for such lease or rental.
D. Pursuant to Chapter 212, Florida Statutes, the State Department of Revenue shall keep
records showing the amount of taxes collected, which shall also include records disclosing the
amount of taxes collected for and from each county in which the tax authorized by this act is
applicable. These records shall be open for inspection during the regular office hours of the
said department of revenue subject to the provisions of Section 213.053, Florida Statutes.
E. Pursuant to Section 125.0104(10), Florida Statutes, the County Tax Collector shall be
responsible for the collection and administration of the tax. Collections received by the Tax
Collector shall be placed in the County Tourist Development Trust Fund, which shall be
established by resolution of the Board of County Commissioners prior to receipt of any tax
revenues collected pursuant to this division.
F. Pursuant to Section 125.0104(3)(d), Florida Statutes, the Board of County
Commissioners by an extraordinary vote hereby levies, sets and imposes an additional one
percent tourist development tax (3rd percent) to be collected in the same manner as the two
percent tax collected pursuant to this article.
G. Pursuant to Section 125.0104(30(1), Florida Statutes, the Board of County
Commissioners by a majority vote hereby levies, sets and imposes an additional one percent
tourist development tax (4th percent) to be collected in the same manner as the two percent tax
collected pursuant to this article.
H. Pursuant to Section 125.0104(3)(n), Florida Statutes, the Board of County Commissioners
by supermajority vote hereby levies, sets, and imposes an additional 1% tourist development tax
(111-1 percent) to be collected in the same manner as the first 4% of the tax collected percent to this
Ordinance. The effective date of this levy and imposition of the tax authorized herein shall be
September 1, 2017.
Section Three: Uses of Tax Revenues
(a) The tax revenues received pursuant to this division shall be used to fund the County
Tourist Development Plan, which is hereby amended as follows:
A. The Board may utilize the tourist development tax for all expenditures authorized by
law, and may specifically utilize Fund 195 (Beaches) to fund pass and inlet maintenance, and
all funding allocations of the tourist development tax must be conducted in compliance with
Section 125.0104, Florida Statutes. The tax revenues received pursuant to this ordinance shall
be used to fund the Collier County Tourist Development Plan which is attached hereto as
Exhibit "A" and which is hereby adopted and incorporated into this ordinance. The Tourist
Development Plan may not be substantially amended except by ordinance enacted by an
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affirmative vote of a majority plus one additional member of the Board of County
Commissioners.
Tourist Development Plan
The two percent tourist development tax was levied throughout Collier County beginning
the first day of the second month following approval of this Ordinance by referendum. The tax
district includes the entire geographic arca of Collier County, Florida. The anticipated revenue
for a two percent tourist development tax for all of Collier County over a 21 month period was
$7,000,000.00, less costs of administration.
The additional one percent tourist development tax (3rd percent) was levied throughout the
county beginning the first day of January, 1996. A majority of the electors of Collier County
voting in a straw referendum election approved the continuation of the additional one percent
tourist development tax prior to June 30, 2000, therefore the additional one percent tourist
development tax shall continue until terminated by an amendment to this Ordinance. The tax
district shall include the entire geographic area of Collier County, Florida.
promotion as provided herein. The tax district shall include the entire geographic area of
Collier County, Florida.
(44 The categories of use of the two percent, one percent (3rd percent) and
additional one percent (4th percent) tax revenues by specific project or special use arc
hereby listed in the order of priority:
CATEGORY A: To finance beach park facilities or beach improvement, maintenance,
maintenance shoreline protection, enhancement, cleanup or restoration of
inland lakes and rivers to which there is public access as these uses relate
to the physical preservation of the beach, shoreline or inland lake or
river.
Percentage of Net Revenue
32.584 percent of the two percent tax and 100 percent of the one percent
tax (3rd percent), reduced by the amount required for Category D.
CATEGORY B: To promote and advertise county tourism within the State of Florida,
nationally and internationally, which encourages tourism to Collier
County and to fund convention bureaus, tourist bureaus, tourist
information centers and news bureaus as county agencies. If tax revenues
are expended for an activity, service, venue or event, the activity,
service, venue or event shall have as one of its main purposes the
attraction of tourists as evidenced by the promotion of the activity,
service, venue or event to tourists.
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Percentage of Net Revenue
.4 • 1e
one percent tax (4th percent)
CATEGORY C To acquire, construct, extend, enlarge, remodel, repair, improve,
maintain, operate or promote one or more County owned or operated
museums or municipal owned museums that are owned and operated by
not for profit organizations and open to the public.
Percentage of Net Revenue
23.978 percent of the two percent tax.
Sub categories:
C(1): County owned or operated museums: 19.214 percent
C(2): Municipal owned museums and museums owned and operated by
• :A - -
CATEGORYD: To acquire, construct, extend, enlarge, remodel, repair, improve,
maintain, operate or promote one or more fishing piers which a-c
publicly owned and operated.
Percentage of Net Revenue
Amount budgeted for this category by the Board of County
Commissioners each fiscal year, but not to exceed $200,000.00. This
amount may be amended upwardly or downwardly prospectively from
the date of the budget amendment approval, provided that the amount of
the aggregate allocation per fiscal year does not exceed $200,000.00.
It is the intent of this division that the above uses shall be funded separately, but
collected.
(2) The additional one percent tax revenues (3rd percent) collected pursuant
to Section 126 82(f) shall be used to finance beach park facilities, beach improvement,
maintenance, renourishment, restoration and erosion control including pass and inlet
and rivers to which there is public access as these uses relate to the physical
(34 The additional one percent tax (Ith percent) collected pursuant to Section 126
82(g) shall be used entirely to finance tourism promotion including advertising, public
relations, promotion, research and fulfillment. It is the intent of the Board of County
Commissioners to maintain this new level of tourism promotion dollars in the future.
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(43 The Disaster Recover Advertising Fund will maintain a maximum level of
$500,000.00. Should the fund fall below $500,000.00, the fund shall be replenished up
to a maximum of$500,000.00 per fiscal year from the General Fund.
(-5) B. Administrative costs. The Board may utilize a portion of the tourist development tax to
pay for authorized administrative costs.
1. Tourism promotion administrative costs (Fund 194) shall not exceed 32% of the
total amount collected each fiscal year for Category "B" Destination Promotion
revenue. This amount may be amended upwardly or downwardly each budget
year provided that the amount of the budget does not exceed 32% of the total
revenue for Destination Promotion. Category "B" revenue.
2. Project Management (Fund 185), Indirect Overhead, and Program
Administration in support of Fund 195 (Beaches) and Fund 183 (Beach Park
Facilities) shall not exceed 15% of revenue for Beaches. Category "A" revenues.
This amount may be amended upwardly or downwardly each budget year
provided that the amount of the budget does not exceed 15% of the total revenue
for Beaches Category "A" revenues.
() C. The revenues to be derived from the tourist development tax may be pledged to secure
and liquidate revenue bonds in accordance with the provisions of F.S. § 125.0104. Such
revenue bonds and revenue refunding bonds may be authorized and issued in such principal
amounts, with such interest rates and maturity dates, and subject to such other terms,
conditions and covenants as the governing board of Collier County shall provide. This
paragraph shall be full and complete authority for accomplishing such purposes, but such
authority shall be supplemental and additional to, and not in derogation of, any powers now
existing or later conferred under law.
(7)D. The In the event bonds are issued by Collier County for any of the purposes enumerated
by the Tourist Development Plan, the amount of tourist development tax receipts used to pay
debt service on such bonds may exceed the percentages provided for the purpose for which
such bonds were issued; provided, however, the maximum annual debt service on such bonds,
together with any other obligations of Collier County which were issued to finance
improvements for the same purpose and which are secured by the tourist development tax,
must not exceed the stated percentage of tourist development tax receipts provided in the
Tourist Development Plan for such purposes, as calculated as of the date of sale of such bonds.
For purposes of performing the calculations described in this paragraph, the amount of tourist
development tax receipts shall be assumed to be the amount provided as such in Collier
County's immediately preceding annual audit, plus, if the levy of such tax was imposed or
increased subsequent to the beginning of the period which was audited, an amount equal to the
estimate by the County Manager of the moneys the County would have received if the tax
imposition or increase had been in effect during the entire audit period. At or prior to the
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issuance of bonds the County Manager shall provide a certificate as to the findings required in
this paragraph, which certificate shall be conclusive as to all matters provided herein.
(8) Notwithstanding anything to contrary herein, the Board of County
Commissioners may reallocate funds between the above defined Categories (A D)
• • • . ' . - . ajority plus one additional member of the Board of
County Commissioners.
(9) The above and foregoing tourist development plan may not be substantially
additional member of the Board of County Commissioners.
. . . . r . . •
Pursuant to F.S. § 125.0104, the Board of County Commissioners, by resolution, shall
cause to be placed on the ballot at the next regular or special election to be held in the County,
the question of the approval or disapproval of this ordinance, such question to be preceded by
an explanatory statement or title as set forth in such resolution, with such question to appear on
the ballot substantially as follows:
FOR THE TOURIST DEVELOPMENT TAX
AGAINST THE TOURIST DEVELOPMENT TAX
. . . . . .
In accordance with Laws of Fla. chs. 92 175 and 92 204, the tourist tax revenues
fellewsi
in section 126 84, 60 percent of the tax revenue previously received shall be
expended to finance beach improvement, maintenance, renourishment,
. - i •
percent shall be expended to promote and advertise the county tourism within
the state, nationally and internationally, which encourages tourism with an
emphasis on off season visitors to the county.
(2) If the voters disapprove the imposition of the tourist tax at the referenda
provided in section 126 84, the revenue shall be expended for the uses provided
in section 126 62.
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Section Six Four: Tourist Development Council.
Pursuant to the provisions of Section 125.0104, Florida Statutes, the Board of County
Commissioners established by Chapter 2, Article VIII, Division 10 of this Code an advisory
council which is known as the Collier County Tourist Development Council. The council is
composed of nine members, the original membership of which have been appointed by the
Board of County Commissioners by Resolution No. 92-238, Chapter 2, Article VIII, Division
10 of this Code also sets forth the terms and composition of membership and the
responsibilities and duties of the council.
Section Seven Five: Penalties for Failure to Collect
Any person who is a dealer hereunder who fails or refuses to charge and collect from the
person paying any rental or lease the taxes herein provided, either by himself or through his
agents or employees, is, in addition to being personally liable for the payment of the tax, guilty
of a misdemeanor of the first degree, punishable as provided in Section 775.082 or Section
775.083, Florida Statutes.
Section Eight Six: Penalties for Misrepresentation
No person shall advertise or hold out to the public in any manner, directly or indirectly,
that he will absorb all or any part of the tax, or that he will relieve the person paying the rental
of the payment of all or any part of the tax, or that the tax will not be added to the rental or
lease consideration, or when added, that it or any part thereof will be refunded or refused,
either directly, or indirectly, by any method whatsoever. Any person who willfully violates
any provision of this section shall be guilty of a misdemeanor of the first degree, punishable as
provided in Section 775.082 or 775.083, Florida Statutes.
Section Nine Seven: Liens Authorized
The tax hereby levied shall constitute a lien on the property of the lessee, customer or
tenant in the same manner as, and shall be collectible as are, liens authorized and imposed in
Sections 713.67, 713.68 and 713.69, Florida Statutes.
Section Ten Eight: Repeal by Referendum
Upon the filing of a petition signed by 15 percent, or more, of the electors of the County,
the Board of County Commissioners shall cause an election to be held for the repeal of the tax,
which election shall be subject only to any outstanding revenue bonds for which the tax has
been pledged.
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Section Eleven Nine: Local Administration of The Tax
A. It is the intent of the County to provide for the collection and administration of the
tax on a local basis pursuant to Section 125.0104(10), Florida Statutes, which provides for
such election of local administration of the tax. It is further the intent of the County to be
exempted from those requirements of Section 125.0104, Florida Statutes, that the tax
collected be remitted to the department of revenue before being returned to the County.
B. The County assumes responsibility for auditing the records and accounts of dealers,
and assessing, collecting, and enforcing payment of delinquent tourist development taxes.
The County adopts any and all powers and authority granted to the state in Section 125.0104
and Chapter 212, Florida Statutes, to determine the amount of the tax, penalties and interest
to be paid by each dealer and to enforce payment of such tax, penalties, and interests by, but
not limited to, distress warrants, writ of garnishments and criminal penalties as provided in
Chapter 212, Florida Statutes.
C. Initial collection of the tax shall continue to be made in the same manner as the tax
imposed under Chapter 212, Florida Statutes, Part I (Section 212.01 et seq.).
D. The County Tax Collector shall be responsible for the collection and administration
of the tax. The person receiving the consideration for such rental or lease shall receive,
account for, and remit the tax to the County Tax Collector. The Tax Collector shall keep
appropriate records of said funds. The same duties and privileges imposed by Chapter 212,
Florida Statutes, upon dealers in tangible property, respecting the collection and remission
of tax, the making of returns, the keeping of books, records and accounts, the payment of a
dealer's credit in compliance with the rules of the department of revenue in the
administration of said Chapter shall apply to and be binding upon all persons who are
subject to the provisions of this division; provided, however, the said County Tax Collector
may authorize a quarterly return and payment when the tax remitted by the person receiving
the consideration for such rental or lease for the preceding quarter did not exceed $100.00.
Remittances of the tax and filing of the appropriate return may be done semiannually or
seasonally as follows:
1. Facilities rented or leased which generate a total of$300.00 or less of tourist
development tax revenue during a six-month period may remit the tax
semiannually. The remittance and return filing date shall be between April
1st and April 20th for the six-month rental or lease period ending the
preceding March 31st and the remittance and return filing date shall be
between October 1st and October 20th for the six-month rental or lease period
ending September 30th of each year.
2. The Tourist Development Tax may be remitted seasonally for facilities that
are rented or leased only for a total period of three months or less annually.
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The remittance and return filing date shall be between April 1st and April
20th for the preceding rental or lease period ending March 31st and the
remittance and return filing date shall be between October 1st and October
20th for the preceding rental period ending September 30th of each year.
E. The County Tax Collector may promulgate rules, prescribe and publish the forms
necessary to effectuate this division.
F. The County Tax Collector is hereby designated as the local official for the County
who shall perform the enforcement and audit functions referenced in subsection (b) Section
Nine B of this section which are associated with the collection and remission of this tax,
including, without limitation, the following:
1. For the purpose of enforcing the collection of the tax levied by this division,
the tax collector is hereby specifically authorized and empowered to examine
at all reasonable hours the books, records, and other documents of all dealers,
or other persons charged with the duty to report or pay a tax under this
division, in order to determine whether they are collecting the tax or
otherwise complying with this division. In the event said dealer refuses to
permit such examination of its books, records or other documents by the tax
collector as aforesaid, it is guilty of a misdemeanor of the second degree,
punishable as provided in Section 775.083, Florida Statutes. The Tax
Collector shall have the right to proceed in circuit court to seek a mandatory
injunction or other appropriate remedy to enforce its right against the
offender, as granted by this section, to require an examination of the books
and records of such dealer.
2. Each dealer, as defined by statute, shall secure, maintain, and keep for a
period of three years a complete record of rooms or other lodging, leased or
rented by said dealer, together with gross receipts from such sales, and other
pertinent records and papers as may be required by the tax collector for the
reasonable administration of this division; and all such records which are
located or maintained in this state shall be open for inspection by the tax
collector at all reasonable hours at such dealer's place of business located in
the County. Any dealer who maintains such books and records at a point
outside this County must make such books and records available for
inspection by the tax collector in the county. Any dealer subject to these
provisions of this division who violates these provisions is guilty of a
misdemeanor of the second degree, punishable as provided in Section
775.082 or 775.083, Florida Statutes.
3. The Tax Collector shall send written notification, at least 30 days prior to the
date an auditor is scheduled to begin an audit, informing the taxpayer of the
audit. The Tax Collector is not required to give 30 days prior notification of a
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forthcoming audit in any instance in which the taxpayer requests an
emergency audit. Such written notification shall contain:
(a) The approximate date on which the auditor is scheduled to
begin the audit.
(b) A reminder that all of the records, receipts, invoices, and
related documentation of the taxpayer must be made available to the auditor.
(c) Any other requests or suggestions the tax collector may deem
necessary.
4. In addition to criminal sanctions, the Tax Collector is empowered and it shall
be his duty, when any tax becomes delinquent or is otherwise in jeopardy
under this division, to issue a warrant for the full amount of the tax due or
estimated to be due, with the interest, penalties, and cost of collection,
directed to all and singular the sheriffs of the state, and shall record the
warrant in the public records of the County, and thereupon the amount of the
warrant shall become a lien on any real or personal property of the taxpayer in
the same manner as a recorded judgment. The Tax Collector may issue a tax
execution to enforce the collection of taxes imposed by this division and
deliver it to the sheriff The sheriff shall thereupon proceed in the same
manner as prescribed by law for executions and shall be entitled to the same
fees for his services in executing the warrant to be collected. The Tax
Collector may also have a writ of garnishment issued regarding any goods,
money, chattels, or effects of the delinquent dealer which are in the hands,
possession, or control of a third person based on an indebtedness owed to the
delinquent dealer by the third person, to enforce collection of the taxes in the
manner provided by law. Upon payment of the execution, warrant,judgment,
or garnishment, the tax collector shall satisfy the lien of record within 30
days.
G. The amount of administrative costs retained by the Tax Collector shall be negotiated
annually, but shall not exceed three percent of the tax collected herein. The remainder of the
tax collected shall be submitted to the County on a monthly basis. If the Tax Collector
retains less than three percent of the tax collected for administrative costs, the County may
retain an amount up to three percent for administrative costs provided the aggregate amount
retained by the County and the tax collector does not exceed three percent of the tax
collected.
SECTION TWO: 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
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separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THREE: 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 Ordinances may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective September 1, 2017.
PASSED AND DULY ADOPTED by a vote of a majority plus one of the Board of County
Commissioners of Collier County, Florida, this\\.qday of July, 2017.
ATTEST: ;., - ; BOARD OF COUNTY COMMISSIONERS
DWIGHT E.'BROCK CLERK COLLIEC! : TY, FLORIDA
// _
Attest'as to Chairman,sDeputy Clerk PENNY T OR, CH• AN
signature WY;
Approved as to form and legality:
Ca2 )ii
Colleen M. Greene
Assistant County Attorney
This ordinance filed with the
Secretory of State's Office the
la'µday of � c -4=111.-
and acknowledgement of that
fiiir received this (a'1 day
of cAiD t 9-
s
ours,Clerk
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FLORIDA DEPARTMENT Of STATE
{
RICK SCOTT KEN DETZNER
Governor Secretary of State
July 12, 2017
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Teresa Cannon, BMR Senior Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2017-35, which was filed in this office on July 12, 2017.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us