Ordinance 2018-22 ORDINANCE NO. 2018 - 2 2
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO.
2007-44, AS AMENDED, KNOWN AS THE COLLIER COUNTY
CONSOLIDATED CODE ENFORCEMENT ORDINANCE,
SPECIFICALLY AMENDING ARTICLE III "SPECIAL MAGISTRATE,"
AS CODIFIED IN DIVISION 3, SECTIONS 2-2021 THROUGH 2-2023 OF
THE CODE OF LAWS AND ORDINANCES, TO EXPAND THE POWERS
OF THE SPECIAL MAGISTRATE; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on May 8, 2007, the Board of County Commissioners (Board) adopted
Ordinance No.2007-44,known as the Collier County Consolidated Code Enforcement Ordinance,
which consolidated three ordinances relating to Collier County Code Enforcement and established
affirmative defenses to certain alleged code violations; and
WHEREAS, the Board subsequently amended Ordinance No. 2007-44 through its
adoption of Ordinance No. 2010-04; and
WHEREAS, the Board wishes to further amend Ordinance No. 2007-44 to expand the
powers of the Special Magistrate.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that:
SECTION ONE: Amendments to Sections 2-2021 of Division 3 "Special Magistrate."
DIVISION 3. - SPECIAL MAGISTRATE
Sec. 2-2021. -Jurisdiction of Special Magistrates.
Special Magistrates shall have the same jurisdiction to hear and decide cases as the Enforcement
Board,and may also hold hearings on contested citations under the procedures set forth in Article
V herein, issued by but not limited to, the Collier County Sheriffs office, the Collier County
Code Enforcement Department,Domestic Animal Services,and the Utility Billing and Customer
Services Departments for violation of local codes and ordinances. In addition, the Special
Magistrate shall have jurisdiction to hear appeals of dangerous dog determinations pursuant to
F.S. ch. 767 and to hear and decide matters involving vendor payment disputes pursuant to F.S. §
218.70 and Ord. No. 2013-69, as amended, together with such matters as may be authorized by
the Board of County Commissioners pursuant to Florida Statutes or as may be established by
county ordinance, either for final decision or for recommendation to the Board.
Underlined words are added;plc Through words are deleted.
Sec. 2-2022. - Qualification, appointment, and removal of Special Magistrates.
Appointment of a Special Magistrate shall be based on the following qualifications and terms:
(1) The Commission shall appoint as many Special Magistrates as deemed necessary.
(2) Special Magistrates shall at minimum: (a) be a graduate of a law school accredited by
the American Bar Association; (b) demonstrate knowledge of administrative law, land use
law and local government regulations and procedures; (c) be a member in good standing
with the Florida Bar; and (d) be either a certified mediator under the rules of the Florida
Supreme Court, an arbitrator qualified by a recognized Arbitration Association, or a former
judge; and (e) meet other such qualifications that may be established by resolution of the
Commission.
(3) Special Magistrate appointment shall be for a two-year term. Upon recommendation of
the Special Magistrate Review Board, any Special Magistrate may be reappointed at the
discretion of the Commission. There shall be no limit on the number of reappointments that
may be given to any Special Magistrate; provided a determination for removal or
reappointment is made for each individual Special Magistrate at the end of each two-year
term. The Commission shall have authority to remove a Special Magistrate with or without
cause upon ten days written notice.
(4) If any Special Magistrate resigns or is removed prior to expiration of his or her term or
the Review Board determines that the Special Magistrate should not be reappointed, the
Review Board shall make a recommendation for reappointment from the candidates
previously interviewed to fill the vacancy within 30 days.
Sec. 2-2023. - Establishment of a Special Magistrate Review Board.
The Commission shall create a Special Magistrate Review Board, comprised of two members of
the Code Enforcement Department; one member from the Office of the Collier County Attorney;
and two sitting members of the Code Enforcement Board. The duty of the Review Board shall
be to recommend appointment for the Special Magistrate(s) and review, on an annual basis, the
performance of the Special Magistrate(s) in order to recommend the removal or reappointment
of said Special Magistrate(s) to the Commission.
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 court of competent jurisdiction holds any
phrase or portion of the Ordinance invalid or unconstitutional, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
2
Underlined words are added; lough words are deleted.
SECTION THREE: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and may be made a part of the Code of
Laws and Ordinances of Collier County,Florida. The section of the Ordinance may be renumbered
or re-lettered 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 take effect upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida,this 1 ac\ day of , 2018.
ATTEST: ','.�. �`. BOARD OF C• . TY COMMISSIONERS
DWIGHT E. BROCI, CIrk COLLIER , FLO' : IP
By: (1,411. r`' f.r (' By: _
414*' r
tot, S to r ,
� ANDY SOLIS, CHAIRMAN
Appro ' ),, . d legality:
Jeffrey 4 Pi 'z w,
County 'ttorn*y
'I
This ordinance filed with the
'0 •ry of . tote's Offii e t
`,
e.y of 1 . (,5�
and acknowiedgerneAi . hot
film r ceived t lis of • _ dcy
8 •• `
Y
3
Underlined words are added;&ruse>ugh words are deleted.
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
May 9, 2018
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Ann Jennejohn
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. 2018-22, which was filed in this office on May 9, 2018.
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