Backup Documents 07/28/2009 Item #17I
171
COLLIER COUNTY FLORIDA (i)
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
(0 ~, 0
To: Clerk to the Board: Please place the following as a:
XXX Normal legal Advertisement D Other:
(Display Adv., location, etc.)
**********************************************************************************************************
Originating Depti Div: County Attorney Person: Scott R. Teach, Deputy County Attorney Date: July 10, 2009
Petition No. (If none, give brief description): None
Petitioner: (Name & Address): N/A
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
I Iearing before BCC BZA Other
Requested Hearing date: (Based on advertisement appearing 10 days before hearing.) .July 28, 2009 (NUTICt<: TO RUN NO
LATER THAN FRIDAY July 17,2009)
Newspaper(s) to be used: (Comptete only if important):
X.XX Naples Daily News D Other XXX Legally Required
Proposed Text: (Include legal description & common location & Size:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA IMPOSING
CIVIL FINES AND PENALTIES FOR THE PATENTLY FALSE REPORTING OF VIOLATIONS OF COUNTY AND
STATE LAWS TO PUBLIC OFFICERS AND LAW ENFORCEMENT OFFICERS, WHICH REQUIRE THE
UNNECESSAR Y EXHAUSTIOl\i OF PUBLIC RESOURCES; PROVIDING FOR THE FOLLOWING SECTIONS:
PURPOSE; AUTHORITY; DEFINITIONS; NOTICE OF CODE VIOLATIONS AND APPEALS; PENAL TIES;
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; CONFLICT AND SEVERABILITY; AND PROVIDING
FOR At\ EFFECTIVE DATE.
Companion petition(s), if any & proposed hearing date: N/A
Does Petition Fee include advertising cost? DYes XXX No If Yes, what account should be charged for advertising costs:
Reviewed by: 001-100510-649100 - P.O. 450;9DfO~ ~e, f
(~fn ~7;',/Y"#f
Division Administrator.6r Designee Date I
List Attachments: Proposed Ordinance
DISTRIBlJTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
D County Manager agenda file: to D Requesting Division D Original
Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
***********************************************************************************************************
FOR CLKRK'S OFFlCK IJS~~t~ ~ "9J 4/tP
Date Received: Date of Public hearing: '9- Date Advertised: ./
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171
ORDINANCE NO. 2009- -
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
IMPOSING CIVIL FINES AND PENALTIES FOR THE
PATENTLY FALSE REPORTING OF VIOLATIONS OF COUNTY
AND STATE LAWS TO PUBLIC OFFICERS AND LAW
ENFORCEMENT OFFICERS, WHICH REQUIRE THE
UNNECESSARY EXHAUSTION OF' PUBLIC RESOURCES;
PROVIDING FOR THE FOLLOWING SECTIONS: PURPOSE;
AUTHORITY; DEFINITIONS; NOTICE OF CODE VIOLATIONS
AND APPEALS; PENAL TIES; INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; CONFLICT AND SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of
counties to provide for the health, welfare and safety of existing and future residents of
the County; and
WHEREAS, the promotion of providing efficient use of public services and
resources by deterring false reports of unlawful conduct to County public officers and
law enforcement officers is in the common interest of the citizens of this county and is a
subject appropriate for rcgulation; and
WHEREAS, in these difficult economic times where public budgets are
constrained and personnel numbers reduced, it is appropriate to impose fines on those
persons who make unwarranted calls upon public officers and law enforcement officers,
which redirects those officers from responding to the legitimate needs of the public; and
WHEREAS, at the February 24, 2009, Board of County Commissioner's
meeting, the Board directed that an ordinance be prepared to fine and deter persons that
repeatedly contact public officers and law enforcement officers to investigate baseless
alleged violations of law without cause or justification, which results in the unnecessary
waste of public resources to the detriment of the entire taxpaying public; and
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
I
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SECTION ONE: PURPOSE
The purpose of this Ordinance is to prohibit, prevent, and abate nuisance conduct
caused by the false reporting of violations of County ordinances and State laws. The
false reporting of violations unreasonably diverts vital and critical public resources and
prevents public officers and law enforcement officers from efficiently and effectively
enforcing the law. It is in the public interest for those who misuse such public services to
be fined by the County. By imposing and collecting nuisance service call fines ITom the
person(s) making patently false reports, this Ordinance is intended as a cost recovery
mechanism to counter such abuse of public resources and to deter such future conduct.
This ordinance is not intended to constitute punishment separate from or in addition to
any criminal prosecution for the conduct underlying the false reporting. Nothing herein
is meant to limit constitutional rights under the federal or state constitution.
SECTION TWO: AUTHORITY
This Ordinance is adopted pursuant to the authority granted in Article VIII, 9 l(t)
of the Florida Constitution and 9 125.01, Fla. Stat.. The effective and efficient provision
of public services and the preservation of public resources are in the common interest of
the people of the county and are appropriate for regulation by Collier County. This
Ordinance is enacted for the purpose of holding those persons making false reports
individually responsible for the costs associated with investigating and responding to
such reports and to deter or prevent future false reports and the diversion of critically
important public resources.
SECTION THREE: DEFINITIONS
When used in this Ordinance, the following words, terms, and phrases shall have
the following meanings, unless the context clearly indicates otherwise:
l. False Report to Public Officer/Law Enforcement Officer. A patently false
report to any public officer/law enforcement officer that an alleged violation of a County
or State law has been committed, knowing that the conduct or conditions reported do not
constitute a violation of law or where the report is patently false and the intent is that a
public or law enforcement officer acts in reliance upon the report, which results in the
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I 171 .. 1
I
unwarranted expenditure of public resources. A patently false report is one in which the
reported violation by the Complaining Party is clearly non-existent and untrue on its face,
without the need for protracted investigation.
Examples of patently false reports include but are not limited to instances
where:
(a) A Complaining Party furnishes a public or law enforcement officer
with false, forged, fictitious or misleading verbal or written information during the course
of reporting a complaint.
(b) A Complaining Party summons as a joke, prank or otherwise,
without any good reason therefore, a public or law enforcement officer to respond to an
address where the basis of the matter complained about is false.
2 Public Officer. A public officer refers to any person authorized by Collier
County government to investigate and enforce the Collier County Code of Laws and
Ordinances and related provisions arising under State law. Such public officers shall
include but not be limited to: Code Enforcement Officers, Domestic Animal Services
Animal Control Of1icers, Building Inspectors, and other such County officers authorized
to enforce State and local law.
3. Law Enforcement Officer. Law enforcement officer means any person
who is elected, appointed, or employed full time by any municipality or the State or any
political subdivision thereof; who is vested with authority to bear amlS and make arrests;
and whose primary responsibility is the prevention and detection of crime or the
enforcement of the penal, criminal, traffic, or highway laws of the state as further defined
in 9 943.10, Fla. Stat.
4. Complaining Party. A Complaining Party is defined as an individual who
makes or submits a patently false report to a public officer or law enforcement officer,
which results in an unnecessary outlay of public resources.
5. Nuisance Service Call. A nuisance service call as defined in this
Ordinance is where a Complaining Party reports a patently false violation of County or
State law that necessitates a response by a public officer or a law enforcement officer.
6. Do Not Respond List. The Do Not Respond List is a list maintained by the
County containing the names of Complaining Parties who have made two (2) patently
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171 ~....'lt
false reports of violations of County or State law requiring a response by a public officer I
!
or a law enforcement officer. A Complaining Party whose name appears on the Do Not
Respond List is identified so that for a period of one year from the date of their second
patently false report, no non-emergency public service will be provided in response to
future reports of violations of County or State law.
SECTION FOUR: NOTICE OF CODE VIOLATIONS AND APPEALS
l. Issuance of notice oj code violation: Public officers and law enforcement
officers may lawfully issue, or cause to be issued, notices of violations of this ordinance.
2. Contents of notice of code violation: The notice issued for the violation,
shall be by a standard foml notice, which notice should include the following
information:
(a) The name and mailing address of the Complaining Party as of the
date the noticed ordinance violation was committed;
(b) Citation that this Ordinance was violated;
(c) The date, time and specific location where the nuisance service call
originated and the address where the public/law enforcement officer responded;
(d) The monetary amount of the civil fine and the deadline date such
fine must actually be received by the County's Code Enforcement Department;
(e) The mailing address of the Code Enforcement Department to
which the fines must be delivered by or on behalf of the Complaining Party, and the
name of the payee to facilitate payment by money order, check or other negotiable
instmment;
(f) A statement of the 21-day time limit within which the Complaining
Party may file an appeal and a brief description of the appeal process; and
(g) A statement that if the Complaining Party fails to pay the civil fine
in full or fails to timely appeal the violation(s), the Complaining Party shall thereby he
deemed to: (i) have waived all rights to dispute that violation; (ii) to thereby admit the
violation; and (iii) failure to pay all applicable fines, and costs as applicable, can result in
loss of privileges and imposition ofliens pursuant to this article.
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171 t '~'1
! 3. Delivery of notice of code violation: The notice of code violation shall be
delivered to the Complaining Party's home mailing address by United States certified
mail, proper postage prepaid, The County shall have the right, but not any obligation, to
serve the notice by personal service upon the Complaining Party or may otherwise elect
to serve the Complaining Party by any other means then authorized by law.
4. Appeals to Special Magistrate:
(a) Upon receipt of a notice of codc violation, thc noticed
Complaining Party may contest the notice by filing an appeal that is actually rcccived by
the County's Code Enforcement Department not later than 21 calendar days after the
Complaining Party received such notice, A Code Enforcement Department employee
shall note on the appeal the date and time of receipt 0 [that appeal.
(b) The appeal must include the Complaining Party's namc, mailing
address and phone number, and must state in clear, meaningful detail all grounds upon
which the violation is being contested by the appeal.
(c) The Code Enforcement Department shall promptly refer the appeal
to a Special Magistrate. The Special Magistrate shall endeavor to schedule thc appeal
hearing within 60 days after the Special Magistrate's receipt of the appeal (provided the
appeal was actually received by the County's Code Enforcement Department not later
than 21 days aftcr the Complaining Party's rcceipt of the notice of code violation). The
Special Magistrate by order may summarily dismiss the appeal with prejudice if the
appeal does not comply with any requirement listed in subsections (a) or (b), above,
(d) I f upon appeal the noticed violation is not voided by order of the
Special Magistrate, the Complaining Party shall pay in full the civil fine, plus all costs
actually incurred by the County and/or Special Magistrate resulting from that appeal.
The civil fine and applicable incurred costs must be delivered in full to the County's Code
Enforcement Department not later than 21 days after the Complaining Party's reccipt of
the Special Magistrate's order that states the noticed code violation was not voided by the
Special Magistrate, and shall specify the applicable civil fine, and applicable incurred
costs, if any, All of the Special Magistrate's orders, lettcrs and other papcrs, ctc" can bc
mailed to the Complaining Party by ordinary U.S. mail, proper postage prepaid,
5
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17 I
addressed to the Complaining Party's mailing address as listed in the Complaining Party's
appeal, which mailing shall be sufficient receipt by the Complaining Party.
SECTION FIVE: PENAL TIES
l. Violations of this Ordinance shall be punished as follows:
(a) First Violation. Upon the first occurrence of a patently false report
under this Ordinance where a public or law enforcement officer has been dispatched to
private property on a nuisance service call, the Complaining Party shall be issued a civil
fine in the amount of $500.00. The fine imposed takes into consideration the gross
salaries, including all fringe benefits and overhead paid to the public or law enforcement
officers responding, the cost of all equipment, including vehicles, used in responding to
the nuisance service call, as well as, the impact upon the citizens of the County when
public or law enforcement officers are called away from thcir legitimate duties to respond
to nuisance service calls and the need to detcr such conduct.
(b) Second Violation. Upon the second occurrence of a patently false
report under this Ordinance where a public or law enforcement officer has been
dispatched to private property on a nuisance call, the Complaining Party shall be issued a
civil fine in the amount of$I,OOO.OO. The fine imposed takes into consideration the gross
salaries, including all fringe benefits and overhead paid to the public or law enforcement
officers responding, the cost of all equipment, including vehicles, used in responding to
the nuisance service call, as well as, the impact upon the citizens of the County when
public or law enforcement officers are repeatedly called away from their legitimate duties
to respond to nuisance service calls and the need to deter such conduct. The manner in
which the Complaining Party is notified of the civil fine shall be administered in the same
manner as that for committing a first violation under this Ordinance.
In addition to the civil fine, the Complaining Party shall be placed on a Do Not
Respond List for future non-emergency reports to the County for a period of one year
from the date of the second patently false report violation. Any emergency calls for
assistance from the Complaining Party concerning emergency matters involving public
health, safety and/or welfare shall be responded to regardless of any prior false reports by
that individual. Notwithstanding the foregoing, public or law enforcement officers may
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171 .< ~
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elect to investigate any and all such reports regardless of the fact that a Complaining
Party's name may appear on the Do Not Respond List.
The Complaining Party may appeal the imposition of the civil fine and placement
on the Do Not Respond List in the same manner provided for first violations of the
Ordinance. Interest at the then current statutory rate will accrue on the unpaid civil fine
from the date of issuance as allowed by law.
2. Other Remedies. In addition to the foregoing, any violation of this
Ordinance shall be deemed a nuisance per se, permitting the County, its officers, agents
or any private citizcn to takc such action in any court of competent jurisdiction to cause
the abatement of such nuisance, including injunctive relief.
SECTION SIX: 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 Ordinance may be
renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed
to "article" or "section" or any other appropriate word.
SECTION SEVEN: 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. rf any phrase or portion of the
Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and such holding
shall not affect the validity of the remaining portion. The application of this Ordinance
shall not prevent the County or the Collier County Sheriff from seeking injunctive relief,
any available criminal penalties or other appropriate civil remedies.
SECTION EIGHT: EFFECTIVE DATE
This Ordinance shall take effect upon filing with the Florida Department of State.
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171 p."
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, on this 28th day of July, 2009.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA
By: BY:
-".-.--
DEPUTY CLERK DONNA FIALA, CHAIRMAN
Approved as to form and
legal sufficiency:
~m~
W'. Scott R. Teach, T
Deputy County Attorney
09-BCC-00526/5
8
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171 r. .,
Acct #068784
July 13, 2009
Attn: Legals
Naples Daily News
1075 Central A venue
Naples, Florida 34102
Re: Imposing Fines for Reporting of False Violations Ordinance
Dear Legals:
Please advertise the above referenced notice on Friday, July 17, 2009, and kindly
send the Affidavit of Publication, in duplicate, together with charges involved, to
this office.
Thank you.
Sincerely,
Teresa Polaski,
Deputy Clerk
P.O. #4500099539
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171
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County Commissioners of
Collier County will hold a public hearing on Tuesday, July 28,
2009 in the Boardroom, 3rd Floor, Administration Building, Collier
County Government Center, 3301 East Tamiami Trail, Naples,
Florida. The meeting will begin at 9:00 A.M. The title of the
proposed Ordinance 1S as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, IMPOSING CIVIL FINES AND PENALTIES FOR THE
PATENTLY FALSE REPORTING OF VIOLATIONS OF COUNTY AND STATE LAWS TO
PUBLIC OFFICERS AND LAW ENFORCEMENT OFFICERS, WHICH REQUIRE THE
UNNECESSARY EXHAUSTION OF PUBLIC RESOURCES; PROVIDING FOR THE
FOLLOWING SECTIONS: PURPOSE; AUTHORITY; DEFINITIONS; NOTICE OF
CODE VIOLATIONS AND APPEALS; PENALTIES; INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; CONFLICT AND SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
NOTE: All Persons wishing to speak on any agenda item must
register with the County Administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 5 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged. If
recognized by the Chair, a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall be
submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations
before the Board will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may
need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the
appeal is based.
If you are a person with a disability who needs any accommodation
in order to participate in this proceeding; you are entitled, at
no cost to you, to the provision of certain assistance. Please
contact the Collier County Facilities Management Department,
located at 3301 Tamiami Trail East, Building W, Naples, Florida
34112, (239) 252-8380. Assisted listening devices for the hearing
impaired are available in the County Commissioners' Office.
D~',..~"'M"~"""__"'_." ... ~ ..- .llIo,l><I>.-A,. . ...- ---
171 ~
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Polaski, Deputy Clerk
(SEAL)
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171 ~
Teresa L. Polaski
To: legals@naplesnews.com
Subject: Ordinance Imposing Fines
Legals,
Please advertise the following on Friday, July 17, 2009. Thanks
Imposing Fines Imposing Fines
for False Repor... for Reporting 0...
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(T eresa.Po laski@collierclerk.com)
1
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171 'f
Teresa L. Polaski
From: postm aster@collierclerk.com
Sent: Monday, July 13, 2009 10:12 AM
To: Teresa L. Polaski
Subject: Delivery Status Notification (Relay)
Attachments: ATT07478.txt; Ordinance Imposing Fines
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients) but the requested
delivery status notifications may not be generated by the destination.
legals~naplesnews.com
1
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171
Teresa L. Polaski
From: Pagan, Emely [EPagan@Naplesnews.com]
Sent: Monday, July 13, 2009 1 :09 PM
To: Teresa L. Polaski
Subject: RE: Ordinance Imposing Fines
ok
--~-""'--,-~--""'.,,< -
From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.com]
Posted At: Monday, July 13, 2009 10:12 AM
Posted To: Legals - NDN
Conversation: Ordinance Imposing Fines
Subject: Ordinance Imposing Fines
Legals,
Please advertise the following on Friday, July 17, 2009. Thanks
<<Imposing Fines for False Reporting Ordinance.doc>> <<Imposing Fines for Reporting of False Violations
Ordinance.doc>>
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(T eresa.Po laski@collierclerk.com)
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public
records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
1
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171 I
Teresa L. Polaski
From: Pagan, Emely [EPagan@Naplesnews.com]
Sent: Monday, July 13, 2009 5:14 PM
To: Teresa L. Polaski
Subject: Ad Confirmation
Attach ments: UAS386.jpg
Thank you for placing your ad.
Date 07/13/09
Publication NON
Account Number 744107
Ad Number 1808121
Total Ad Cost $395.54
1
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NOTICE OF PUBLIC I-iEARING 171
N ot"lce Is hereby given that the Board of County )
.
Commissioners of Collier County w'lll hol.c1 a publ'tc
hear)ng on Tuesday. July 28. 2009 in the6oardroo01,
3rd Floor, Administration Building.. Collier countr.
Government Center. 3301 East Tamiami Tra! .
Naples. Florida, The meeting will be'Jin at9:00A.M.
The title of the proposed Ordinance Is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COM-
MISSIONERS OF COLLIER COUNTY. FLORIDA,IMPO-
SING CIVIL FINES AND PENAL TIES FOR THE PATENT-
LY FALSE REPORTING OF VIOLATIONS OF COUNTY
AND STATE LAWS TO PUBLIC OFFICERS AND LAW
ENFORCEMENT OFFICERS. WHICH REQUIRE THE UN-
NECESSARY EXHAUSTION OF PU BLle' RESOURCES;
PROVIDING FOR THE FOLLOWING SECTIONS: PUR-
POSE; AUTHORITY~ DEFINITIONS; NOTICE OF CODE
VIOLATIONS AND APPEALS: PENALTIES: INCLUSION
IN THE CODE OF LAWS AND ORDINANCES; CONFLICT
AND SEVERABILITY; AND PROVIDING FOR AN EFFEC-
TI VE DATE.
NOTE: All Persons Wishin3 to speak on an'y agenda
item must register with t le County Admmistrator
prior to presentation of the agenda item to be ad"
dressed. II''1div'tdual speakers will be limited to 5
minutes on any item. The selectlon of an individual
to speak on behalf of an organization 01" grOlJp is
encouraged.. If recognized by ttle Chair. a spokes-
person for a group or organization may be allotted
10 minutes to speak on an item.
Persons wishing to have written or graphic materi-
als included in tl1e Board agenda packets must
submit said material a minimum of 3 weeks prior to
the re!ipective publ ic hearing. In ar~.i case, written
materials intended to. be considere by the Board
shall be subm'rtted to the appropriate County staff
a minimum of seven days prior to the public hear-
ing. All material used in presentations before the
Board w'lll become a permanent part of the record.
Any person who decides to appeal a decision of
the Board will need a record of the proceedlngs
pertaining thereto and therefore. may need to en-
sure that a verbatim record of the ~r()CeedingS is
made. which record includes the. estirnony ancl
evidence upon which the appeal is based.
If you are a person with a. disability wl,o needs any
accommodation in order to participate in this pro-
c~edil1g; you are entitled, at no cost to YOll. totl"'le
provision of certain assistance. Please contact the
Collier' C()unty Facilities ManaHEHnent Dep,artment.
located at 3301 Tamiam'l Tral East. Building W.
Naples. Flor"lda 34112. (239) 252-8380. ASSisted lis-
tening devices for the hearing impaired are avail.
able in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA. CHAIRMAN
DWIGHT E. BROCK, CLERK
By; Teresa polaski. Deputy Clerk
(SEAL)
July 17.2009 NOl808121
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171 I
Naples Daily News
Naples, FL 34102
Affidavit of publication
Naples Daily News
--------------------------------------------------+-------------------------
BCC/CDES BUDGET OFFICE
CLERK OF CIRC. COURT
POB 413044 S AMMERMANN/FINANCE DEPT
P OB XO 413044 --~.~~
NAPLES FL 34101 ....
REFERENCE: 068784 P.O. # 4500099539 .........~~....~
59583519 NOTICE OF PUBLIC HEA _.. . . ..... .1. . ... ,u/9IOO.A.M.
,. . ............. . .~
AM soMo TY OM.
State of Florida
County of Collier
Before the undersigned authority, personally
appeared Susan Rogge, who on oath says that she
serves as the Vice President of Finance of the
Naples Daily News, a daily newspaper published at
Naples, in Collier County, Florida: that the
attached copy of advertising was published in said
newspaper on dates listed.
Affiant further says that the said Naples Daily
News is a newspaper published at Naples, in said
Collier County, Florida, and that the said
newspaper has heretofore been continuously
published in said Collier County, Florida, each
day and has been entered as second class mail
matter at the post office in Naples, in said
Collier County, Florida, for a period of 1 year
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that he has neither paid nor
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discount, rebate, commission or refund for the
purpose of securing this advertisement for
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PUBLISHED ON: 07/17 07/17
Nn1AM'1'1
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FILED ON: 07/17/09
-------------------------
Signature of Affiant
Sworn to and Subscribed before me this ~\ day of ~ 20~
C~lQ
Personally known by me O--(Y)~.
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
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ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exc tion of the Chairman's si ature, draw a line throu h routin lines # I throu #4,co lete the checklist, and forward to Sue Filson line #5 .
Office Initials Date
1.
2
3.
4. Scott R. Teach, Deputy County Attorney County Attorney 07/29/09
5. Ian Mitchell, Supervisor Board of County Commissioners =r1"Z..~ 0'
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
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item.
Name of Primary Staff Scott R. Teach Phone Number 252-8400
Contact
Agenda Date Item was 07/28/09 Agenda Item Number 17-1
A roved b the BCC
Type of Document Ordinance .- False Reporting Number of Original I
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I: Forms! County Forms! BCC Forms! Origmal Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.2405
<<matter _ numbem! <<document_number>>
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171 J-a
l
ORDINANCE NO. 2009- 42
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
IMPOSING CIVIL FINES AND PENAL TIES FOR THE
PATENTLY FALSE REPORTING OF VIOLATIONS OF COUNTY
AND STATE LAWS TO PUBLIC OFFICERS AND LAW
ENFORCEMENT OFFICERS, WHICH REQUIRE THE
UNNECESSARY EXHAUSTION OF PUBLIC RESOURCES;
PROVIDING FOR THE FOLLOWING SECTIONS: PURPOSE;
AUTHORITY; DEFINITIONS; NOTICE OF CODE VIOLATIONS
AND APPEALS; PENAL TIES; INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; CONFLICT AND SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of
counties to provide for the health, welfare and safety of existing and future residents of
the County; and
WHEREAS, the promotion of providing efficient use of public services and
resources by deterring false reports of unlawful conduct to County public officers and
law enforcement officers is in the common interest of the citizens of this county and is a
subject appropriate for regulation; and
WHEREAS, in these difficult economic times where public budgets are
constrained and personnel numbers reduced, it is appropriate to impose fines on those
persons who make unwarranted calls upon public officers and law enforcement officers,
which redirects those officers from responding to the legitimate needs of the public; and
WHEREAS, at the February 24, 2009, Board of County Commissioner's
meeting, the Board directed that an ordinance be prepared to fine and deter persons that
repeatedly contact public officers and law enforcement officers to investigate baseless
alleged violations of law without cause or justification, which results in the unnecessary
waste of public resources to the detriment of the entire taxpaying public; and
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
1
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171 J:'~
SECTION ONE: PURPOSE
The purpose of this Ordinance is to prohibit, prevent, and abate nuisance conduct
caused by the false reporting of violations of County ordinances and State laws. The
false reporting of violations unreasonably diverts vital and critical public resources and
prevents public officers and law enforcement officers from efficiently and effectively
enforcing the law. It is in the public interest for those who misuse such public services to
be fined by the County. By imposing and collecting nuisance service call fines from the
person(s) making patently false reports, this Ordinance is intended as a cost recovery
mechanism to counter such abuse of public resources and to deter such future conduct.
This ordinance is not intended to constitute punishment separate from or in addition to
any criminal prosecution for the conduct underlying the false reporting. Nothing herein
is meant to limit constitutional rights under the federal or state constitution.
SECTION TWO: AUTHORITY
This Ordinance is adopted pursuant to the authority granted in Article VIII, ~ 1(t)
of the Florida Constitution and ~ 125.01, Fla. Stat.. The effective and efficient provision
of public services and the preservation of public resources are in the common interest of
the people of the county and are appropriate for regulation by Collier County. This
Ordinance is enacted for the purpose of holding those persons making false reports
individually responsible for the costs associated with investigating and responding to
such reports and to deter or prevent future false reports and the diversion of critically
important public resources.
SECTION THREE: DEFINITIONS
When used in this Ordinance, the following words, terms, and phrases shall have
the following meanings, unless the context clearly indicates otherwise:
1. False Report to Public Officer/Law Enforcement Officer. A patently false
report to any public officer/law enforcement officer that an alleged violation of a County
or State law has been committed, knowing that the conduct or conditions reported do not
constitute a violation of law or where the report is patently false and the intent is that a
public or law enforcement officer acts in reliance upon the report, which results in the
2
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1 7 I t~ I
unwarranted expenditure of public resources. A patently false report is one in which the
reported violation by the Complaining Party is clearly non-existent and untrue on its face,
without the need for protracted investigation.
Examples of patently false reports include but are not limited to instances
where:
(a) A Complaining Party furnishes a public or law enforcement officer
with false, forged, fictitious or misleading verbal or written information during the course
of reporting a complaint.
(b) A Complaining Party summons as a joke, prank or otherwise,
without any good reason therefore, a public or law enforcement officer to respond to an
address where the basis of the matter complained about is false.
2 Public Officer. A public officer refers to any person authorized by Collier
County government to investigate and enforce the Collier County Code of Laws and
Ordinances and related provisions arising under State law. Such public officers shall
include but not be limited to: Code Enforcement Officers, Domestic Animal Services
Animal Control Officers, Building Inspectors, and other such County officers authorized
to enforce State and local law.
3. Law Eriforcement Officer. Law enforcement officer means any person
who is elected, appointed, or employed full time by any municipality or the State or any
political subdivision thereof; who is vested with authority to bear arms and make arrests;
and whose primary responsibility is the prevention and detection of crime or the
enforcement of the penal, criminal, traffic, or highway laws of the state as further defined
in ~ 943.10, Fla. Stat.
4. Complaining Party. A Complaining Party is defined as an individual who
makes or submits a patently false report to a public officer or law enforcement officer,
which results in an unnecessary outlay of public resources.
5. Nuisance Service Call. A nuisance service call as defined in this
Ordinance is where a Complaining Party reports a patently false violation of County or
State law that necessitates a response by a public officer or a law enforcement officer.
6. Do Not Respond List. The Do Not Respond List is a list maintained by the
County containing the names of Complaining Parties who have made two (2) patently
3
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171 ~.
false reports of violations of County or State law requiring a response by a public officer
or a law enforcement officer. A Complaining Party whose name appears on the Do Not
Respond List is identified so that for a period of one year from the date of their second
patently false report, no non-emergency public service will be provided in response to
future reports of violations of County or State law.
SECTION FOUR: NOTICE OF CODE VIOLATIONS AND APPEALS
1. Issuance of notice of code violation: Public officers and law enforcement
officers may lawfully issue, or cause to be issued, notices of violations of this ordinance.
2. Contents of notice of code violation: The notice issued for the violation,
shall be by a standard form notice, which notice should include the following
information:
(a) The name and mailing address of the Complaining Party as of the
date the noticed ordinance violation was committed;
(b) Citation that this Ordinance was violated;
(c) The date, time and specific location where the nuisance service call
originated and the address where the public/law enforcement officer responded;
(d) The monetary amount of the civil fine and the deadline date such
fine must actually be received by the County's Code Enforcement Department;
(e) The mailing address of the Code Enforcement Department to
which the fines must be delivered by or on behalf of the Complaining Party, and the
name of the payee to facilitate payment by money order, check or other negotiable
instrument;
(f) A statement of the 21-day time limit within which the Complaining
Party may file an appeal and a brief description of the appeal process; and
(g) A statement that if the Complaining Party fails to pay the civil fine
in full or fails to timely appeal the violation(s), the Complaining Party shall thereby be
deemed to: (i) have waived all rights to dispute that violation; (ii) to thereby admit the
violation; and (iii) failure to pay all applicable fines, and costs as applicable, can result in
loss of privileges and imposition of liens pursuant to this article.
4
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171 .'~
3. Delivery of notice of code violation: The notice of code violation shall be
delivered to the Complaining Party's home mailing address by United States certified
mail, proper postage prepaid. The County shall have the right, but not any obligation, to
serve the notice by personal service upon the Complaining Party or may otherwise elect
to serve the Complaining Party by any other means then authorized by law.
4. Appeals to Special Magistrate:
(a) Upon receipt of a notice of code violation, the noticed
Complaining Party may contest the notice by filing an appeal that is actually received by
the County's Code Enforcement Department not later than 21 calendar days after the
Complaining Party received such notice. A Code Enforcement Department employee
shall note on the appeal the date and time of receipt of that appeal.
(b) The appeal must include the Complaining Party's name, mailing
address and phone number, and must state in clear, meaningful detail all grounds upon
which the violation is being contested by the appeal.
(c) The Code Enforcement Department shall promptly refer the appeal
to a Special Magistrate. The Special Magistrate shall endeavor to schedule the appeal
hearing within 60 days after the Special Magistrate's receipt of the appeal (provided the
appeal was actually received by the County's Code Enforcement Department not later
than 21 days after the Complaining Party's receipt of the notice of code violation). The
Special Magistrate by order may summarily dismiss the appeal with prejudice if the
appeal does not comply with any requirement listed in subsections (a) or (b), above.
(d) If upon appeal the noticed violation is not voided by order of the
Special Magistrate, the Complaining Party shall pay in full the civil fine, plus all costs
actually incurred by the County and/or Special Magistrate resulting from that appeal.
The civil fine and applicable incurred costs must be delivered in full to the County's Code
Enforcement Department not later than 21 days after the Complaining Party's receipt of
the Special Magistrate's order that states the noticed code violation was not voided by the
Special Magistrate, and shall specify the applicable civil fine, and applicable incurred
costs, if any. All of the Special Magistrate's orders, letters and other papers, etc., can be
mailed to the Complaining Party by ordinary u.s. mail, proper postage prepaid,
5
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171 t \j
addressed to the Complaining Party's mailing address as listed in the Complaining Party's
appeal, which mailing shall be sufficient receipt by the Complaining Party.
SECTION FIVE: PENAL TIES
1. Violations of this Ordinance shall be punished as follows:
(a) First Violation. Upon the first occurrence of a patently false report
under this Ordinance where a public or law enforcement officer has been dispatched to
private property on a nuisance service call, the Complaining Party shall be issued a civil
fine in the amount of $500.00. The fine imposed takes into consideration the gross
salaries, including all fringe benefits and overhead paid to the public or law enforcement
officers responding, the cost of all equipment, including vehicles, used in responding to
the nuisance service call, as well as, the impact upon the citizens of the County when
public or law enforcement officers are called away from their legitimate duties to respond
to nuisance service calls and the need to deter such conduct.
(b) Second Violation. Upon the second occurrence of a patently false
report under this Ordinance where a public or law enforcement officer has been
dispatched to private property on a nuisance call, the Complaining Party shall be issued a
civil fine in the amount of $1 ,000.00. The fine imposed takes into consideration the gross
salaries, including all fringe benefits and overhead paid to the public or law enforcement
officers responding, the cost of all equipment, including vehicles, used in responding to
the nuisance service call, as well as, the impact upon the citizens of the County when
public or law enforcement officers are repeatedly called away from their legitimate duties
to respond to nuisance service calls and the need to deter such conduct. The manner in
which the Complaining Party is notified of the civil fme shall be administered in the same
manner as that for committing a first violation under this Ordinance.
In addition to the civil fine, the Complaining Party shall be placed on a Do Not
Respond List for future non-emergency reports to the County for a period of one year
from the date of the second patently false report violation. Any emergency calls for
assistance from the Complaining Party concerning emergency matters involving public
health, safety and/or welfare shall be responded to regardless of any prior false reports by
that individual. Notwithstanding the foregoing, public or law enforcement officers may
6
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- - .
171 .11
elect to investigate any and all such reports regardless of the fact that a Complaining
Party's name may appear on the Do Not Respond List.
The Complaining Party may appeal the imposition of the civil fine and placement
on the Do Not Respond List in the same manner provided for first violations of the
Ordinance. Interest at the then current statutory rate will accrue on the unpaid civil fine
from the date of issuance as allowed by law.
2. Other Remedies. In addition to the foregoing, any violation of this
Ordinance shall be deemed a nuisance per se, permitting the County, its officers, agents
or any private citizen to take such action in any court of competent jurisdiction to cause
the abatement of such nuisance, including injunctive relief.
SECTION SIX: 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 Ordinance may be
renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed
to "article" or "section" or any other appropriate word.
SECTION SEVEN: 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 separate, distinct and independent provision and such holding
shall not affect the validity of the remaining portion. The application of this Ordinance
shall not prevent the County or the Collier County Sheriff from seeking injunctive relief,
any available criminal penalties or other appropriate civil remedies.
SECTION EIGHT: EFFECTIVE DATE
This Ordinance shall take effect upon filing with the Florida Department of State.
7
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171
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, on this 28th day of July, 2009.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT.l!..JBR.OCK, Clerk OF COLLIER COUNTY, FLORIDA
.' . "... '. ' ;p~
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By: BY:
f'DEPUTYCLE DONNA FIALA, CHAIRMAN
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t1tut... OI.-
Approved as to form and
legal sufficiency:
&-H- e j~
Scott R. Teach,
Deputy County Attorney
09-BCC-00526/5
8
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171 1.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2009-42
Which was adopted by the Board of County Commissioners
on the 28th day of July, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 31st
day of July, 2009.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
.
.-
By: Martha
Deputy
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