Agenda 01/23/2018 Item #17B01/23/2018
EXECUTIVE SUMMARY
Recommendation to adopt an ordinance regulating the harvesting of Palmetto Berries and other
natural resources.
OBJECTIVE: To protect the public from the practice of unlawful harvesting palmetto berries and other
natural resources.
CONSIDERATIONS: Section 125.01 Florida Statutes, provides that the legislative and governing body
of a county may adopt ordinances and resolutions necessary for the exercise of its powers and prescribe
fines and penalties for the violation of ordinances in accordance with the law.
There is a longstanding problem in the Estates and other rural areas of Collier County of people
trespassing on primarily residential property searching for and harvesting palmetto berries.
The practice of harvesting palmetto berries and other natural resources constitutes a trespass as set forth in
Section 810.09, Florida Statutes, when palmetto berries or natural resources are collected and taken from
private property without permission of the property owner. There has bee n an enforcement issue with
this, however, as it is difficult to properly post land against trespassing, and when posted, the signs often
disappear.
The ordinance attempts to correct this issue by requiring anyone engaged in the act of harvesting palmetto
berries or other natural resources from property have available written permission from the owners of
property to be present on the property for the purpose of harvesting. It is a defense to a finding of a
violation of this ordinance if the named violator provides proof that they had the property owner’s
permission to harvest on the date of the violation. Violation of the ordinance is treated in the same
manner as a misdemeanor of the second degree punishable by a fine not exceeding $500 or by
imprisonment not to exceed 60 days, or by both such fine and imprisonment.
At its January 9, 2018 regular meeting (Agenda Item 16-H-2), the Board of County Commissioners
directed the County Attorney to advertise the proposed ordinance for future consideration.
FISCAL IMPACT: The cost to advertise the proposed ordinance was $211.23.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for approval. -JAK
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners adopts the attached ordinance
regulating the harvesting of Palmetto Berries and other natural resources.
PREPARED BY: William L. McDaniel, Jr.
Commissioner, District 5
AGENDA DATE: January 23, 2018
ATTACHMENT(S)
1. Proposed Ordinance - Palmetto Berries (PDF)
2. Legal Ad - Agenda ID 4517 (PDF)
17.B
Packet Pg. 742
01/23/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.B
Doc ID: 4517
Item Summary: Recommendation to adopt an ordinance regulating the harvesting of Palmetto
Berries and other natural resources.
Meeting Date: 01/23/2018
Prepared by:
Title: Legal Assistant/Paralegal – County Attorney's Office
Name: Virginia Neet
01/10/2018 3:00 PM
Submitted by:
Title: – Board of County Commissioners
Name: Bill McDaniel
01/10/2018 3:00 PM
Approved By:
Review:
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/10/2018 4:55 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/16/2018 11:10 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 01/16/2018 1:00 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 01/16/2018 3:02 PM
Board of County Commissioners MaryJo Brock Meeting Pending 01/23/2018 9:00 AM
17.B
Packet Pg. 743
17.B.1
Packet Pg. 744 Attachment: Proposed Ordinance - Palmetto Berries (4517 : Palmetto Berries Ordinance)
17.B.1
Packet Pg. 745 Attachment: Proposed Ordinance - Palmetto Berries (4517 : Palmetto Berries Ordinance)
17.B.1
Packet Pg. 746 Attachment: Proposed Ordinance - Palmetto Berries (4517 : Palmetto Berries Ordinance)
17.B.2
Packet Pg. 747 Attachment: Legal Ad - Agenda ID 4517 (4517 : Palmetto Berries Ordinance)