Resolution 2020-065 RESOLUTION NO. 2020-65
A RESOLUTION OF THE CHAIRMAN OF THE BOARD OF COUNTY
COMMISSIONERS ON BEHALF OF THE BOARD OF COMMSSIONERS
OF COLLIER COUNTY, FLORIDA, TO ENACT AN OUTDOOR
BURNING BAN IN ACCORDANCE WITH COLLIER COUNTY
ORIDINACE NO. 2009-23, AS AMENDED.
WHEREAS, as a result of extreme drought, Collier County is presently experiencing
severe wildfires throughout the County which is endangering the public health, safety and welfare
and is also endangering real and personal property in Collier County; and
WHEREAS, Ordinance No. 2009-23, known as the "Regulation of Outdoor Burning and
Incendiary Devices during Drought Conditions Ordinance," provides in relevant part as follows:
"(e) Implementation by Resolution. When the County Manager makes a
determination that there exists a drought emergency, the County Manager shall
send written notification of such condition to the Chairman of the Board...
In making such written presentation to the Chairman of the Board or the Vice-
Chairman in his or her absence, the County Manager will recommend which
prohibitions to impose and under what, if any, conditions open burning or the
discharge of fireworks or other incendiary devices will be allowed. The Chairman
of the Board or the Vice-Chairman in his or her absence may execute a Resolution
imposing any or all of the prohibitions as conditions warrant without Board
action. Outdoor burning may include, but shall not be limited to, campfires,
bonfires, trash burning and other similar open incineration. The ban shall take
effect upon approval of the Resolution. The County Manager, at the next
scheduled public meeting of the Board, shall notify the Board of the Resolution.
The Resolution shall remain in effect until a like Resolution repealing the
burning ban is adopted by the Board and upon adoption of the repeal, the
restrictions on burning or discharge of fireworks shall be immediately lifted.
Further, the Board from time to time may amend any Resolution by changing,
deleting, or modifying the provisions on burning and discharge of fireworks
depending on changes in the drought conditions."
WHEREAS, for the reasons set forth in the attached letter from the County Manager to
the Chairman, the County Manager has recommended certain prohibitions with respect to any
open burning or the discharge of fireworks or other incendiary devices; and
WHEREAS, the Chairman, having reviewed the attached letter and concurs with the
County Manager's recommendation.
Page 1 of 2
NOW, THEREFORE, BE IT RESOLVED BY THE CHAIRMAN OF THE BOARD OF
COUNTY COMMISSIONERS, ON BEHALF OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that except where expressly permitted
by the Collier County Ordinance No. 2009-23, as amended, known as the Regulation of Outdoor
Burning and Incendiary Devices during Drought Conditions Ordinance, that all outdoor open
burning, and outdoor ignition sources including fireworks (other than commercially permitted
displays), sparklers, incendiary devices (including but not limited to campfire, bonfires, trash
burning, disposal of lit cigarettes or cigarette butts) are hereby prohibited until further notice.
BE IT FURTHER RESOLVED that the County Manager, at the next scheduled public
meeting of the Board, shall notify the Board of this Resolution.
This Resolution shall remain in full force and effect until a like Resolution repealing the
burning ban is adopted by the Board and upon adoption of the repeal, the restrictions on burning
or discharge of fireworks shall be immediately lifted. Further, the Board from time to time may
amend this Resolution by changing, deleting, or modifying the provisions on burning and
discharge of fireworks depending on changes in the drought conditions.
THIS RESOLUTION IS HEREBY ADOPTED this 1 l0 day of April, 2020.
ATTEST ;,<01" 8 BOARD OF COUNTY COMMISSIONERS
CRYST4��,.IcrINZECLERK COLLIER COUNTY, FLORIDA
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By. it Spu1F - ^ �` By: Afog,t,r04
I rk`v BURT L. SAUNDERS, CHAIRMAN
� ON BEHALF OF THE BOARD OF
signatureOn� .�� . COUNTY COMMISSIONERS
l y.
A • ' and legality:
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VLu
Jeffrey A[Klat ow, County Attorney
Page 2 of 2
KlatzkowJeff
From: Burt Saunders <Burt.Saunders@gray-robinson.com>
Sent: Tuesday, April 14, 2020 11:07 AM
To: OchsLeo
Cc: SaundersBurt; LykinsDave; KlatzkowJeff; CasalanguidaNick; PriceLen; SummersDan;
BrockMaryJo
Subject: Re: Burning Ban Resolution
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when
opening attachments or clicking links.
Mr. Ochs, I have reviewed the request to ban burning due to current drought conditions and the required resolution to
implement the ban. I approve the resolution.
Please update the County Commission on the implementation of the resolution.
Sent from my iPhone
Burt Saunders I Of Counsel
GRAY I ROBINSON
3838 Tamiami Trail North I Suite 410 I Naples,Florida 34103
T: 239-598-3601 I F: 239-598-3164
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> On Apr 14, 2020, at 10:12 AM, OchsLeo<Leo.Ochs@colliercountyfl.gov>wrote:
1
KlatzkowJeff
From: OchsLeo
Sent: Tuesday,April 14, 2020 10:12 AM
To: SaundersBurt; Burt Saunders; LykinsDave
Cc: KlatzkowJeff; CasalanguidaNick; PriceLen; SummersDan; BrockMaryJo
Subject: Burning Ban Resolution
Attachments: Chairman Saunders April 13 2020.pdf; Ordinance%202013-22.pdf; Ordinance
2009-23.pdf; Reso. Burning Ban 4.2020.des vi.docx; CCFCA-Burn Ban Letter April 9
2020.pdf; Letter to County Manager for 2020 burn ban.docx; KBDI Drought graphic.pdf
Importance: High
Good Morning Mr. Chairman,
As discussed, attached is a Resolution for your consideration enacting an immediate ban on burning in
unincorporated Collier County. The rationale for this action is provided in the attached letter from me to you and
is informed by the additional attachments.
I have consulted with the County Attorney who advises that with your return email approval of this action,he can
affix your signature stamp to the Resolution and process same with the Clerk's Office.
Your prompt reply is very much appreciated.
VR,
Leo
Leo E. Ochs,Jr.
Collier County Manager
leo.ochs@colliercountyfl.gov
3299 East Tamiami Trail Naples FL 34112
239.252.8383
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
- = Office of the County Manager
- Leo E. Ochs, Jr.
3299 Tamiami Trail East,Suite 202•Naples Florida 34112-5746*(239)252-8383•FAX:(239)252-4010
April 13,2020
Chairman Burt Saunders,District 3
Board of County Commissioners
3299 East Tamiami Trail
Naples FL 34112
Dear Chairman Saunders:
Consistent with the requirements of Ordinance 2009-23, as amended, please allow this email to serve as
notification of my determination(supported by the attachments)that a drought emergency presently exists
requiring the imposition of a burning ban in unincorporated Collier County. The current State of Local
Emergency adopted by the Board on March 16, 2020 delegates to you the power and authority to take
whatever prudent action is necessary to ensure the health,safety and welfare of the community. Consistent
with that authority, I recommend that you execute the attached Resolution enacting an Outdoor Burning
Ban effective on the date of signing and to remain in effect indefinitely until further notice.
In recognition of the near-record drought conditions in Florida,Collier County is one of the driest counties
in Florida with a Keetch-Byram Drought Index(KBDI) of 600+. We have had very little rain in the last
few months,and there is no significant rainfall projected in the immediate forecast.
Current dry and windy conditions are resulting in fire behavior that is well outside the norm. Fires could
start with little effort, burning with greater intensity and could spread faster causing a drain on our local
public safety resources-already impacted by COVID-19 operations.
This ban would not apply to prescribed burns authorized by the Florida Forest Service or by those who
conduct prescribed burns as a generally accepted practice. The Forest Service and Collier County Sheriff's
office will coordinate information as to what sites and or permits have been authorized for open burning.
The Collier County Fire Chiefs have requested to enact the burn ban immediately and to remain in effect
until further notice.I support this burn ban recommendation with the understanding that should the drought
index drop substantially,and the Florida Forest Service recommends termination of the local ban,we too
will follow by rescinding the ban.
Attached is the associated ordinance,Resolution and supporting documentation for your consideration.
If you have any questions or concerns,please don't hesitate to call. I'll await notification that the Resolution
has been executed. Thank you.
Sincerely,
Leo E. Ochs,Jr.
County Manager
COLLIER COUNTY FIRE & EMS CHIEF'S ASSOCIATION
8075 Lely Cultural Parkway
Naples, Florida 34113
Chief Tabatha Butcher,President Chief Pete DiMaria, Vice-President Chief Eloy Ricardo,Secretary-Treasurer
April 9, 2020
County Manager Ochs
3299 Tamiami Trail East
Naples, FL 34112-5746
County Manager Ochs:
In recognition of Collier County's vulnerability to wildfires during periods of extreme drought
and the current COVID 19 situation, representatives from the Florida Forest Service and Collier
County Fire and EMS Chiefs Association have met and see an urgent need to have a burning ban
for all unincorporated Collier County become effective immediately. Collier County has not
experienced any significant rainfall in several months and the current drought index is 633 which
is considered extreme.
In light of COVID 19, there is an anticipation that there may be an increase in open burning
occuring across the County. This burn ban will assist in preventing potential fire-related dangers
that could result in unneccessary emergency response as well as diminish airborne irritants
caused by burning.
This ban would not apply to prescribed burns authorized by the Florida Forest Service or by
those who conduct prescribed burns as a generally accepted agriculture practice.
This ban shall be in effect for 60 days or until the ban is recommended to be rescinded by the
Florida Forest Service or Collier County Fire and EMS Chiefs Association and the Director of
the Bureau of Emergency Services in Collier County.
Under Resolution 2017-83 the County Manager has the authority to enact the Burn Ban without
having to go through the formalities of the Board of County Commissioners. I am requesting that
you enact this resolution. This action is urged for the safety and well-being of all Collier County
residents whose lives and property may be placed at risk as a result of uncontrollable conditions.
We ask that you strongly consider issuing a burn ban to protect the citizens of Collier County
during this State of Emergency.
Tabatha Butcher, President
Collier County Fire and EMS Chiefs Association
Cotter County
Bureau of Emergency Services
MEMORANDUM
TO: Leo Ochs, County Manager
FROM: Dan E. Summers, Director
DATE: April 13, 2020
RE: Request for implementation of a temporary ban on burning
In recognition of the near-record drought conditions in Florida, Collier County is one of the
driest counties in Florida with a Keetch-Byram Drought Index (KBDI) of 600+. We have had very
little rain in the last few months, and there is no significant rainfall projected in the immediate
forecast.
Current dry and windy conditions are resulting in fire behavior that is well outside the norm.
Fires could start with little effort, burning with greater intensity and could spread faster causing
a drain on our local public safety resources- already impacted by Covid-19 operations.
This ban would not apply to prescribed burns authorized by the Florida Forest Service or by
those who conduct prescribed burns as a generally accepted practice. The Forest Service and
Collier County Sheriff's office will coordinate information as to what sites and or permits have
been authorized for open burning.
The Collier County Fire Chief's have requested a 60-day ban. I support this 60 day estimate with
the understanding that should the drought index drop substantially, and the Florida Forest
Service recommends termination of the local ban, we too will follow by rescinding the ban.
Attached is the associated ordinance, Executive Summary, Resolution and supporting
documentation for your consideration.
If you have any questions or concerns, please don't hesitate to call.
Thank you.
Pwr••u.FEmnymY Survkv+ ,v„,,,..
BS
FrnagAr,yM,i,,i.at,nt=„i
8075 Lely Cultural Parkway•Naples,Florida 34113.239-252-3600•FAX 239-3700•www.collierem.org
Counties in Florida that have current burn bans as of April 13, 2020
Gulf County
Bradford County
Alachua County
Citrus County
Volusia County
Orange County
Polk County
Osceola County
Brevard County
Indian River County
Manatee County
Desoto County
Charlotte County
Lee County
Hendry County
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ORDINANCE NO. 2013 - 22
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2009-23,
THE REGULATION OF OUTDOOR BURNING AND INCENDIARY
DEVICES DURING DROUGHT CONDITIONS ORDINANCE, SO AS TO:
1) ADD DEFINITIONS; 2) AUTHORIZE THE CHAIRMAN, UNDER
CERTAIN IDENTIFIED CONDITIONS, TO IMPLEMENT SUCH
EMERGENCY REGULATIONS ON BEHALF OF THE BOARD IN
ABSTENIA; AND 3) CLARIFY REMAINING PROVISIONS OF THE
ORDINANCE; PROVIDING FOR CONFLICT AND SEVERABILITY;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Collier County Ordinance No. 2009-23, Regulation of Outdoor Burning and
Incendiary Devices during Drought Conditions Ordinance, provides a mechanism by which the
Board of County Commissioners (Board) may implement an immediate ban of outdoor burning
and outdoor ignition sources during extreme drought conditions; and
WHEREAS, pursuant to Ordinance No. 2009-23, the Board, at a public meeting, may
adopt a Resolution imposing appropriate restrictions or prohibitions on burning and discharge of
fireworks, sparklers and other incendiary devices as set forth in the Ordinance; and
WHEREAS, representatives from the Florida Forest Service, Collier Count ;Ereiefs'
Association, Collier County Sheriff's Department, Cooperative Extension Agent, anl✓inerncy
11
Management have jointly identified a need to have a burning ban become effectiveedtjely
when certain environmental conditions are met; and `{
WHEREAS, the Board desires to amend a amend Ordinance No. 2009-23 acc g1 :Dy
authorizing the Chairman, under certain identified conditions, to implement such ,ger4@y
regulations on behalf of the Board in abstenia; and
WHEREAS, the Board further desires to add definitions and clarify the remaining
provisions of Ordinance No. 2009-23 as set forth below.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION ONE OF ORDINANCE NO. 2009-23.
Section One is hereby amended as follows:
SECTION ONE: Title and Definitions.
Underlined text is added;ask-throtugh text is deleted
Page I of 6
A. This Ordinance shall be known as the "Regulation of Outdoor Burning and Incendiary
Devices during Drought Conditions Ordinance".
B. Definitions:
1. "Fireworks" means and includes any combustible or explosive composition or
substance or combination of substances as defined in Section 791.01, Florida
Statutes. "Fireworks" does not include sparklers approved by the Division of the
State Fire Marshal of the Department of Financial Services.
2. "Open Burning" means any outdoor fire or open combustion of material that
produces visible emissions.
3. "Trash"means any discarded material.
4. "Yard Trash" means vegetative matter resulting from landscaping and yard
maintenance operations and other such routine property cleanup activities. The
term includes materials such as leaves, shrub trimmings, grass clippings, brush,
and palm fronds. It does not include household garbage.
5. "Yard Waste" means vegetative matter resulting from landscaping and yard
maintenance operations and other such routine property clean-up activities. It
includes materials such as leaves, shrub trimmings, grass clippings, palm fronds,
and brush. It does not include land clearing debris or tree cutting debris.
SECTION TWO: AMENDMENT TO SECTION FIVE OF ORDINANCE NO.2009-23.
Section Five is hereby amended as follows:
SECTION FIVE: Implementation by Resolution.
When the County Manager makes a determination that there exists a drought emergency,
the County Manager shall send written notification of such condition to the Chairman of the
Board. The County Manager in making the determination of the existence of a drought
emergency shall take into consideration such factors including, but not limited to the following:
A. The Keetch/Byram Drought Index,or any similar such index.
B. Discussions and consultation with the Division of State Forestry.
C. Consultation with fire chiefs in the County.
D. Study of meteorological conditions and climatological forecasts.
Underlined text is added;Strut reed text is deleted
Page 2 of 6
E. Whether the condition of the vegetation in the County makes it susceptible to
ignition.
F. Any actions taken by surrounding jurisdictions in regard to drought conditions
and fire hazards.
G. Any other condition or factor which could have a bearing on existing fire hazard
conditions and which reasonable persons of prudence would normally rely on to
determine if a fire hazard condition exists.
In making such written presentation to the Chairman of the Board or the Vice-Chairman
in his or her absence, the County Manager will recommend which prohibitions to impose and
under what, if any, conditions open burning or the discharge of fireworks or other incendiary
devices will be allowed. The Chairman of the Board or the Vice-Chairman in his or her absence
may execute a Resolution imposing impose any or all of the prohibitions as conditions warrant
without Board action. In the absence of the Chairman and Vice-chairman; the next county
commissioner in order of seniority, or if two or more were appointed on the same date, then in
alphabetical order among them may take action in accordance with this section. Outdoor
burning may include, but shall not be limited to, campfires, bonfires, trash burning and other
similar open incineration. When outdoor burning is prohibited, such prohibition shall not be
construed to apply to outdoor burning or land clearing where the Elivisieii-ef--fefestPf Florida
Forest Service has issued a permit or other authorization. • • : • • -- --- -- --- -- - '- -
... . . .. . . . . _ . . • .. -: . .. . . . . -• . . . _ . . . . - .. •
..•. _• . • . ... - - . ' - -•.. - _ _ , The ban shall take effect upon
approval of the Resolution. The County Manager, at the next scheduled public meeting of the
Board, shall notify the Board of the Resolution. The Resolution shall remain in effect until a like
Resolution repealing the burning ban is adopted by the Board and upon adoption of the repeal,
the restrictions on burning or discharge of fireworks shall be immediately lifted. Further, the
Board from time to time may amend any Resolution by changing, deleting, or modifying the
provisions on burning and discharge of fireworks depending on changes in the drought
conditions.
SECTION THREE: AMENDMENT TO SECTION SIX OF ORDINANCE NO. 2009-23.
Section Six is hereby amended as follows:
SECTION SIX: Prohibition.
The Resolution imposing the ban on open burning or discharge of fireworks may prohibit
any or all of the following, depending on the recommendation of the County Manager and the
severity of the drought conditions. A Resolution may make it unlawful for any person to set fire
or cause fire to be set to any forest, grassland, wild land, marsh, vegetation, or land in an urban
or rural area including those associated with agriculture, pile burning, or the building of
campfires, bonfires, the burning of yard trash, household garbage, refuse, or other debris in the
Underlined text is added;Struck gh text is deleted
Page 3 of 6
unincorporated areas of Collier County, unless otherwise provided herein as an exception. In
addition, the Resolution may prohibit any person or entity from discharging, causing to be
discharged, or the sale of any fireworks or incendiary devices that may cause or have a tendency
to cause wildfires as defined in Section 590.015, Florida Statutes. Further, the Resolution may
prohibit the holding of any event including, but not limited to, events involving motorcycles,
automobiles, or any other vehicles or equipment that may cause hot exhaust gases or high
temperatures that may be generated by catalytic converters or other devices on such vehicles in
an open or uncontrolled area that is susceptible to wild fires. Bans on the sale of fireworks shall
only be done in the most exigent of circumstances and when drought conditions are so severe as
to constitute an actual emergency.
SECTION FOUR: AMENDMENT TO SECTION SEVEN OF ORDINANCE NO.
2009-23.
Section Seven is hereby amended as follows:
SECTION SEVEN: Publication.
Within a reasonable time after adopting such Resolution, the Beafil County Manager
shall •. . • ._ _. : - . - - - -. . . . . .. - - - =
notify the public by newspaper;radio, ager television, and electronic media of the applicability
of this Ordinance and any subsequent implementing Resolutions.
SECTION FIVE: AMENDMENT TO SECTION EIGHT OF ORDINANCE NO. 2009-23.
Section Eight is hereby amended as follows:
SECTION EIGHT: Exceptions.
1. Nothing contained herein or in any implementing Resolution shall be construed to:
(a) prohibit lawful activities involving incendiary devices, fire, or flame in controlled
industrial or commercial processes for which permits have been issued, or if no permit is
issued, take place in a controlled industrial or commercial environment and are part of the
manufacturing or some type of assembly process such as to make it unlikely that such
incendiary flame or heat generating device will cause any type of wild fire or be a danger
outside of the premises where the procedure or process is being used; or
(b) prohibit residential outdoor cooking provided the same is done on a suitable piece of
equipment designed to contain the fire, flame, and heat generated thereby. Further,
outdoor cooking may also be done in any public or private place where there are facilities
designed for outdoor cooking which would contain the heat, flames, or fire otherwise
Underlined text is added;Strusleugh text is deleted
Page 4 of 6
generated by outdoor cooking. All outdoor cooking areas shall be free of burnable
materials within an area having a circumference which extends not less than three (3) feet
beyond the nearest edge of the fire.
2. The provisions of this Ordinance or in any implementing Resolution shall not apply to
any duly existing or constituted fire department, fire district, or volunteer fire department
conducting training exercises involving open fire or flame solely for training purposes
under controlled conditions.
SECTION SIX: AMENDMENT TO SECTION NINE OF ORDINANCE NO.2009-23.
Section Nine is hereby amended as follows:
SECTION NINE: Violations and Penalties.
Any violation by any person of any requirement or provision of this Ordinance or any
approved County Resolution implementing this Ordinance shall be considered a Civil
Infraction and may be prosecuted in the same manner as described in Ord. No. 2007-44, the
Collier County Consolidated Code Enforcement Ordinance, as amended, with such penalties as
set forth therein. Any law enforcement officer issuing a Notice to Appear or making an arrest
pursuant to a violation of this Ordinance or any approved County Resolution implementing this
Ordinance shall seize, or safely destroy and appropriately document if seizure is deemed
impractical or inappropriate by the investigating officer(s), any incendiary device or ignition
source being used in such violation for the purpose of preserving evidence of the violation.
Each day any violation subject to the provisions of this Ordinance or any approved County
Resolution implementing this Ordinance shall be considered a separate violation subjecting the
violator to the fines and/or imprisonment specified herein.
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 this 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.
SECTION EIGHT: 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
relettered to accomplish such, and the word "ordinance" may be changed to "section", "article",
or any other appropriate word.
Underlined text is added;Struck through text is deleted
Page 5 of 6
SECTION NINE: EFFECTIVE DATE.
This Ordinance shall become effective upon receipt of notice from the Secretary of State
that this Ordinance has been filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida,this 21- day of Fe-k:ry c , 2013.
ATTEST: • ' • . BO• 'b OF COUN Y COMMISSIONERS
DWIGF T•1 45 OCK,Clerk OF O Il I F R CO TY, FLORIDA
A • ,4,,,,-... ,,
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B A' t •. CJ_C - By:
•'` ' ).�• ty Clerk err;i1i•V . HILLER,ESQ.
Ad est t4 .1.:-. .y>L, C AIRWOMAN
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Jeffrey A Igl tzkow
County A i .l�ley
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This ordinance filed with the
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Underlined text is added;Strosk-trough text is deleted
Page 6 of 6
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 2013-22
which was adopted by the Board of County Commissioners
on the 26th day of February, 2013, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 6th
day of March, 2013 .
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Boat#, f;/0fs
County Commissictr's ••.w,,,
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By: Ann JennejoI ,' •" c•,...- ,
Deputy Clerk . 61"''O".