Chapter 2 - AdministrationChapter 2
ADMINISTRATION*
Article I. In General
Division 1. Generally
Secs. 2-1—2-9. Reserved.
Division 2. Administrative Code
Sec. 2-10. Administrative Code.
Sec. 2-11. Amendment of Administrative Code.
Sec. 2-12. Form of Administrative Code.
Sec. 2-13. Fees Relating to Land Development.
Secs. 2-14—2-16. Reserved.
Division 3. Legal Advertisements and Public Notices
Sec. 2-17. Title.
Sec. 2-18. Purpose and intent.
Sec. 2-19. Definitions.
Sec. 2-20. Publication of legal advertisements and public notices.
Secs. 2-21—2-25. Reserved.
Article II. Board of County Commissioners
Division 1. Generally
Sec. 2-26. Term limits.
Sec. 2-27. Donation of property for public use.
Secs. 2-28—2-35. Reserved.
Division 2. Meetings
Sec. 2-36. Meetings of the Board of County Commissioners.
Sec. 2-37. Addressing the Commission.
Sec. 2-38. Sergeant-at-arms.
Sec. 2-39. Action to be taken by resolution, ordinance or motion.
Sec. 2-40. Adjournment.
Sec. 2-41. Reconsideration of matters generally.
Sec. 2-42. Reconsideration of land use matters.
Secs. 2-43—2-65. Reserved.
Article III. Officers and Employees
Division 1. Generally
Sec. 2-66. Criminal history record checks applicable to individuals employed
in positions of employment deemed by the board of county
commissioners to be critical to security or public safety.
Secs. 2-67—2-75. Reserved.
*Cross reference—Special districts, Ch. 122.
State law reference—County government generally, F.S. Chs. 124, 125.
CD2:1Supp. No. 121
Division 2. County Administrator
Sec. 2-76. Title and citation.
Sec. 2-77. Purpose.
Sec. 2-78. Reference to county manager.
Sec. 2-79. Board as policy maker.
Sec. 2-80. Appointment, qualifications, compensation and vacancy.
Sec. 2-81. Powers and duties.
Sec. 2-82. Reserved.
Division 3. Hearing Examiner
Sec. 2-83. Title and citation.
Sec. 2-84. Establishment of Office of Hearing Examiner.
Sec. 2-85. Method and conditions for selection, appointment and removal
of the Hearing Examiner.
Sec. 2-86. Conduct of meetings, reports and records.
Sec. 2-87. Powers and duties of the Hearing Examiner.
Sec. 2-88. Decisions and appeals from decisions of the Hearing Examiner.
Sec. 2-89. Funding for the Office of the Hearing Examiner.
Sec. 2-90. Staff.
Sec. 2-91. Conduct of Hearing Examiner.
Division 4. County Attorney
Sec. 2-92. Title and citation.
Sec. 2-93. The County Attorney and Office of the County Attorney.
Sec. 2-94. Method and conditions for selection, appointment and removal
of the County Attorney.
Sec. 2-95. Duties of the County Attorney.
Sec. 2-96. Funding for the Office of the County Attorney.
Secs. 2-97—2-100. Reserved.
Article IV. Employee Benefits
Division 1. Generally
Sec. 2-101. Incentives for job-related achievements.
Sec. 2-102. Collier County Voluntary Separation Incentive Program ("VSIP").
Secs. 2-103—2-110. Reserved.
Division 2. Deferred Compensation Plan
Sec. 2-111. Deferred compensation program.
Secs. 2-112—2-135. Reserved.
Article V. Departments
Division 1. Generally
Secs. 2-136—2-185. Reserved.
Division 2. Collier County Procurement Policy
Sec. 2-186. Title and Citation.
Sec. 2-187. Purpose.
Sec. 2-188. Applicability and Approved Thresholds.
Sec. 2-189. Definitions.
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Sec. 2-190. Establishment of Procurement Services Division and Procure-
ment Services Division Director.
Sec. 2-191. Duties of the Procurement Services Division.
Sec. 2-192. Ethical Standards.
Sec. 2-193. Small Purchases Threshold.
Sec. 2-194. Informal Competition Threshold.
Sec. 2-195. Formal Competition Threshold.
Sec. 2-196. Procurement Methods.
Sec. 2-197. Alternative Procurement Methods.
Sec. 2-198. Formal Competitive Awards.
Sec. 2-199. Unsolicited Proposals.
Sec. 2-200. Small and Disadvantaged Minority and Women Business
Enterprises.
Sec. 2-201. Local Vendor Preference.
Sec. 2-202. Purchasing Card Program.
Sec. 2-203. Advanced Payments for Goods and Services.
Sec. 2-204. Payment of Invoices.
Sec. 2-205. Contract Administration.
Sec. 2-206. Performance and Payment Bonds.
Sec. 2-207. Unauthorized Purchases.
Sec. 2-208. Prohibition against Subdivision.
Sec. 2-209. Protest of Bid or Proposal Award.
Sec. 2-210. Conflict of Interest.
Sec. 2-211. Debarment and Suspension.
Sec. 2-212. Waiver of Ordinance.
Sec. 2-213. Conflict and Severability.
Secs. 2-214—2-395. Reserved.
Article VI. Finance
Division 1. Generally
Sec. 2-396. Reserved.
Sec. 2-397. Dishonored checks.
Secs. 2-398—2-450. Reserved.
Division 2. Dori Slosberg Driver Education Fund
Sec. 2-451. Title and citation.
Sec. 2-452. Findings of fact and purpose.
Sec. 2-453. Collection of surcharge.
Sec. 2-454. Distribution of funds collected.
Sec. 2-455. Expenditure and management of funds budgeted.
Sec. 2-456. Construction.
Secs. 2-457—2-600. Reserved.
Article VII. Bond Issues and Financing Thereof
Division 1. Generally
Secs. 2-601—2-610. Reserved.
Division 2. Capital Projects
Sec. 2-611. Authorized.
Sec. 2-612. Board authorized to issue revenue bonds.
Sec. 2-613. Payment of principal.
Sec. 2-614. Obligations declared negotiable instruments.
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Sec. 2-615. Referendum.
Sec. 2-616. Project costs.
Sec. 2-617. Security of obligations.
Sec. 2-618. Refunding obligations.
Sec. 2-619. Effect on other legislation.
Sec. 2-620. Powers exercised by board.
Secs. 2-621—2-630. Reserved.
Division 3. Revenue Bonds for Transportation, Roads and Related Programs
Sec. 2-631. Definitions.
Sec. 2-632. General powers.
Sec. 2-633. Neither credit nor taxing power pledged.
Sec. 2-634. Purchase of projects.
Sec. 2-635. Bonds.
Sec. 2-636. Pledge of gas taxes.
Sec. 2-637. Trust funds.
Sec. 2-638. Remedies of bondholders.
Sec. 2-639. Additional security.
Secs. 2-640—2-650. Reserved.
Division 4. Capital Improvement Revenue Bonds
Sec. 2-651. Definitions.
Sec. 2-652. Findings.
Sec. 2-653. Authorization of program.
Sec. 2-654. Acquisition and construction.
Sec. 2-655. Issuance of revenue bonds.
Sec. 2-656. Taxing power not pledged.
Sec. 2-657. Trust funds.
Sec. 2-658. Remedies of bondholders.
Sec. 2-659. Interlocal agreement.
Sec. 2-660. No adverse action.
Sec. 2-661. Alternative method.
Secs. 2-662—2-815. Reserved.
Article VIII. Boards, Commissions, Committees and Authorities
Division 1. Generally
Secs. 2-816—2-825. Reserved.
Division 2. Standards for the Creation and Review of Boards
Sec. 2-826. Policy declaration.
Sec. 2-827. Definitions.
Sec. 2-828. Creation of new boards.
Sec. 2-829. Exemption to Ordinance Requirement: Ad Hoc Committees and
Task Force Committees.
Sec. 2-830. Qualifications and requirements for membership on boards.
Sec. 2-831. Process of appointment.
Sec. 2-832. Term of office.
Sec. 2-833. Attendance requirement.
Secs. 2-834—2-845. Reserved.
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Division 3. Health Facilities Authority
Sec. 2-846. Findings and declaration of necessity.
Sec. 2-847. Creation.
Sec. 2-848. Membership.
Sec. 2-849. Appointment and terms.
Sec. 2-850. Compensation.
Sec. 2-851. Powers.
Sec. 2-852. Area embraced.
Secs. 2-853—2-865. Reserved.
Division 4. Housing Finance Authority
Sec. 2-866. Legislative authority.
Sec. 2-867. Findings of fact.
Sec. 2-868. Created.
Sec. 2-869. Composition.
Sec. 2-870. Powers.
Sec. 2-871. Power of county relative to authority.
Sec. 2-872. County commission to serve as authority temporarily.
Secs. 2-873—2-885. Reserved.
Division 5. Coastal Advisory Committee
Sec. 2-886. Creation and purpose of the Collier County Coastal Advisory
Committee.
Sec. 2-887. Functions, powers and duties.
Sec. 2-888. Appointment and composition; terms of office; attendance and
filling vacancies.
Sec. 2-889. Removal from office; failure to attend meetings.
Sec. 2-890. Officers; quorum; rules of procedure.
Sec. 2-891. Review process.
Secs. 2-892—2-905. Reserved.
Division 6. County Government Productivity Committee
Sec. 2-906. Reestablishment of the County Government Productivity Com-
mittee.
Sec. 2-907. Appointment and Composition.
Sec. 2-908. Terms of Office.
Sec. 2-909. Removal from Office.
Sec. 2-910. Officers; Quorum; Rules of Procedure.
Sec. 2-911. Reimbursement of Expenses.
Sec. 2-912. Functions, Powers and Duties of the Committee.
Sec. 2-913. Duties of the County Manager's Office and the Clerk of Courts.
Sec. 2-914. Repeal of County Ordinance Nos. 2017-53 and 2018-10.
Secs. 2-915—2-925. Reserved.
Division 7. Immokalee Community Redevelopment Advisory Board
Sec. 2-926. Establishment of the Immokalee Community Redevelopment
Advisory Board.
Sec. 2-927. Functions, Powers and Duties of the Committee.
Sec. 2-928. Appointment and Composition.
Sec. 2-929. Terms of Office.
Sec. 2-930. Removal from Office.
Sec. 2-931. Officers; Quorum; Rules of Procedure.
Sec. 2-932. Reimbursement of Expenses.
Sec. 2-933. Separation of MSTU and CRA Accounts.
Secs. 2-934—2-945. Reserved.
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Division 8. Black Affairs Advisory Board
Sec. 2-946. Created.
Sec. 2-947. Appointment and composition.
Sec. 2-948. Terms of office.
Sec. 2-949. Removal from office; failure to attend meetings.
Sec. 2-950. Officers; quorum; rules of procedure.
Sec. 2-951. Reimbursement of expenses.
Sec. 2-952. Functions, powers and duties.
Sec. 2-953. Duties of county administrator.
Sec. 2-954. Review process.
Secs. 2-955—2-965. Reserved.
Division 9. Collier County Public Transit Advisory Committee
Sec. 2-966. Creation and purpose of the Collier County Public Transit
Advisory Committee.
Sec. 2-967. Functions, powers and duties of the advisory committee.
Sec. 2-968. Appointment and composition, terms of office, attendance and
filling of vacancies.
Sec. 2-969. Removal from office; failure to attend meetings.
Sec. 2-970. Officers, quorum, and rules of procedure.
Secs. 2-971—2-985. Reserved.
Division 10. Tourist Development Council
Sec. 2-986. Purpose.
Sec. 2-987. Establishment.
Sec. 2-988. Composition of membership.
Sec. 2-989. Resolution of appointment.
Sec. 2-990. Responsibilities and duties.
Sec. 2-991. Meetings.
Sec. 2-992. Officers; quorum; rules of procedure.
Sec. 2-993. Compensation.
Secs. 2-994—2-1005. Reserved.
Division 11. Reserved
Secs. 2-1006—2-1030. Reserved.
Division 12. Development Services Advisory Committee
Sec. 2-1031. Created.
Sec. 2-1032. Appointment and composition.
Sec. 2-1033. Terms of office.
Sec. 2-1034. Removal from office; failure to attend meetings.
Sec. 2-1035. Officers; quorum; rules of procedure.
Sec. 2-1036. Reimbursement of expenses.
Sec. 2-1037. Functions, powers and duties.
Sec. 2-1038. Duties of community development and environmental services
division administrator or his designee.
Sec. 2-1039. Review process.
Secs. 2-1040—2-1050. Reserved.
Division 13. Reserved
Secs. 2-1051—2-1070. Reserved.
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Division 14. Collier County Public Art Committee
Sec. 2-1071. Establishment of the Collier County Public Art Committee.
Sec. 2-1072. Functions, Powers and Duties of the Committee.
Sec. 2-1073. Appointment and Composition.
Sec. 2-1074. Terms of Office.
Sec. 2-1075. Removal from Office.
Sec. 2-1076. Officers; Quorum; Rules of Procedure.
Sec. 2-1077. Reimbursement of Expenses.
Secs. 2-1078—2-1085. Reserved.
Division 15. Radio Road Beautification Advisory Committee
Sec. 2-1086. Creation of the Radio Road Beautification Advisory Committee.
Sec. 2-1087. Appointment and composition.
Sec. 2-1088. Terms of office.
Sec. 2-1089. Removal from office; failure to attend meetings.
Sec. 2-1090. Officers; quorum; rules of procedure.
Sec. 2-1091. Reimbursement of expenses.
Sec. 2-1092. Functions, powers and duties of the committee.
Sec. 2-1093. Duties of the county administrator or his designee.
Sec. 2-1094. Review process.
Secs. 2-1095—2-1100. Reserved.
Division 16. Collier County Citizens Corps
Sec. 2-1101. Title and citation.
Sec. 2-1102. Findings of fact.
Sec. 2-1103. Meetings of the committee.
Sec. 2-1104. Functions, powers and duties of the committee and working
groups.
Sec. 2-1105. Appointment of voting members and terms of office.
Sec. 2-1106. Removal from office; failure to attend meetings.
Sec. 2-1107. Officers, quorum, and compensation.
Sec. 2-1108. Expert consultants.
Sec. 2-1109. Review process.
Secs. 2-1110—2-1115. Reserved.
Division 17. Domestic Animal Services Advisory Committee
Sec. 2-1116. Creation and purpose.
Sec. 2-1117. Functions, powers and duties.
Sec. 2-1118. Appointment and composition.
Sec. 2-1119. Terms of office.
Sec. 2-1120. Attendance requirements; removal from office.
Sec. 2-1121. Officers; quorum; rules of procedure.
Sec. 2-1122. Reimbursement of expenses.
Secs. 2-1123—2-1130. Reserved.
Division 18. Collier County Emergency Medical Authority
Sec. 2-1131. Creation, Purpose, Powers and Duties of the Collier County
Emergency Medical Authority.
Sec. 2-1132. Appointment and composition; terms of office; attendance and
filling vacancies.
Sec. 2-1133. Meetings.
Sec. 2-1134. Removal from office; failure to attend meetings.
Sec. 2-1135. Officers; quorum; rules of procedure.
Secs. 2-1136—2-1145. Reserved.
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Division 19. Clam Bay Advisory Committee
Sec. 2-1146. Creation and Purpose of the Clam Bay Advisory Committee.
Sec. 2-1147. Functions, Powers and Duties of the Advisory Committee.
Sec. 2-1148. Appointment and Composition; Terms of Office; Attendance and
Filling Vacancies.
Sec. 2-1149. Removal from Office; Failure to Attend Meetings.
Sec. 2-1150. Officers; Quorum; Rules of Procedure.
Sec. 2-1151. Review Process and Sunset Provision.
Secs. 2-1152—2-1155. Reserved.
Division 20. Planning Commission
Sec. 2-1156. Establishment; Powers and Duties.
Sec. 2-1157. Membership.
Sec. 2-1158. Quorum and Voting.
Sec. 2-1159. Rules of Procedure.
Sec. 2-1160. Compensation.
Sec. 2-1161. Meetings.
Sec. 2-1162. Staff.
Sec. 2-1163. Appeals.
Sec. 2-1164. Repeal of Ordinance.
Secs. 2-1165—2-1170. Reserved.
Division 21. Board of Zoning Appeals
Sec. 2-1171. Establishment; Powers and Duties.
Sec. 2-1172. Membership.
Sec. 2-1173. Quorum and Voting.
Sec. 2-1174. Rules of Procedure.
Sec. 2-1175. Compensation.
Sec. 2-1176. Meetings.
Sec. 2-1177. Repeal of Ordinance.
Secs. 2-1178—2-1180. Reserved.
Division 22. Building Board of Adjustments and Appeals
Sec. 2-1181. Establishment and Purpose.
Sec. 2-1182. Powers and Duties.
Sec. 2-1183. Membership.
Sec. 2-1184. Quorum.
Sec. 2-1185. Rules of Procedure.
Sec. 2-1186. Repeal of Ordinance.
Secs. 2-1187—2-1190. Reserved.
Division 23. Environmental Advisory Council
Sec. 2-1191. Establishment.
Sec. 2-1192. Purpose.
Sec. 2-1193. Powers and Duties.
Sec. 2-1194. Membership.
Secs. 2-1195—2-1199. Reserved.
Sec. 2-2000. Appeal.
Sec. 2-2000.1 Repeal of Ordinance.
Secs. 2-2000.2—2-2000.10. Reserved.
Division 24. Historic/Archaeologic Preservation Board
Sec. 2-2000.11 Establishment.
Sec. 2-2000.12 Powers and Duties.
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CD2:8Supp. No. 122
Sec. 2-2000.13 Membership.
Sec. 2-2000.14 Compensation.
Sec. 2-2000.15 Meetings.
Sec. 2-2000.16 Repeal of Ordinance.
Article IX. Consolidated Code Enforcement Regulations
Division 1. General
Sec. 2-2001. Title and Citation.
Sec. 2-2002. Applicability.
Sec. 2-2003. Purpose and Authority.
Sec. 2-2004. General Definitions and Abbreviations.
Sec. 2-2005. Rules of Procedure.
Sec. 2-2006. Powers and duties.
Secs. 2-2007—2-2010. Reserved.
Division 2. Code Enforcement Board and Nuisance Abatement Board
Sec. 2-2011. Created.
Sec. 2-2012. Members.
Sec. 2-2013. Compensation; residency requirements.
Sec. 2-2014. Expenses.
Sec. 2-2015. Term of office.
Sec. 2-2016. Attendance requirements.
Sec. 2-2017. Alternate member.
Sec. 2-2018. Appointment.
Sec. 2-2019. Organization of the Enforcement Board.
Sec. 2-2020. Reserved.
Division 3. Special Magistrate
Sec. 2-2021. Jurisdiction of Special Magistrates.
Sec. 2-2022. Qualification, appointment, and removal of Special Magistrates.
Sec. 2-2023. Establishment of a Special Magistrate Review Board.
Secs. 2-2024, 2-2025. Reserved.
Division 4. Procedures Governing the Code Enforcement Board, Nuisance
Abatement Board, and the Special Magistrate
Sec. 2-2026. Enforcement procedures.
Sec. 2-2027. Enforcement procedures before the Nuisance Abatement Board.
Sec. 2-2028. Subpoena procedures for Enforcement Board, Nuisance Abate-
ment Board, and Special Magistrate.
Sec. 2-2029. Conduct of hearing.
Sec. 2-2030. Penalties before Enforcement Board and Special Magistrate.
Sec. 2-2031. Costs for nuisance abatement cases.
Sec. 2-2032. Rehearing of Enforcement Board or Special Magistrate action.
Sec. 2-2033. Appeals.
Sec. 2-2034. Notices.
Secs. 2-2035, 2-2036. Reserved.
Division 5. Code Enforcement Citation Regulations
Sec. 2-2037. Purpose and Authority.
Sec. 2-2038. Designation of certain county employees as code enforcement
officers and authorization to issue citations and notices to
appear.
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Sec. 2-2039. Training of designated code enforcement officers to issue cita-
tions and notices to appear.
Sec. 2-2040. Powers and duties of designated Code Enforcement Officers.
Sec. 2-2041. Civil infraction.
Sec. 2-2042. Citation and notice to appear procedures.
Sec. 2-2043. Form of citations and notices to appear.
Sec. 2-2044. Establishing a schedule of violations, options and penalties,
regarding citations and notices to appear.
Secs. 2-2045, 2-2046. Reserved.
Division 6. Affirmative Defense
Sec. 2-2047. Affirmative defenses to alleged code violations.
Secs. 2-2048—2-2050. Reserved.
Article X. Collier County Ethics
Sec. 2-2051. Title and citation.
Sec. 2-2052. Scope.
Sec. 2-2053. Statement of policy.
Sec. 2-2054. Findings.
Sec. 2-2055. Definitions.
Sec. 2-2056. Standards of conduct.
Sec. 2-2057. Lobbyist registration and disclosure requirements.
Sec. 2-2058. Post-employment restrictions.
Sec. 2-2059. Supplemental provisions.
Sec. 2-2060. Penalties.
Secs. 2-2061—2-2090. Reserved.
Article XI. Bill of Rights Sanctuary County Ordinance
Sec. 2-2091. Title.
Sec. 2-2092. Findings.
Sec. 2-2093. Definitions.
Sec. 2-2094. Prohibitions.
Sec. 2-2095. Penalties.
Secs. 2-2096—2-2120. Reserved.
COLLIER COUNTY CODE
CD2:10Supp. No. 120
ARTICLE I. IN GENERAL
DIVISION 1. GENERALLY
Sec. 2-1. Reserved.
Editor’s note—Ord. No. 2012-34, § 1, adopted Sept. 11,
2012, repealed § 2-1, entitled "Purchases from state division
of corrections", which derived from: Laws of Fla. ch. 65-845,
§ 1; Laws of Fla. ch. 71-29.
Secs. 2-2—2-9. Reserved.
DIVISION 2. ADMINISTRATIVE CODE
Sec. 2-10. Administrative Code.
A Collier County Administrative Code,
authorized pursuant to F.S. § 125.74(1)(j), (2013)
is to be created and maintained by the County
Manager as provided for in this Code. The
classification and numbering system for catalogu-
ing the provisions of the Administrative Code
will be as specified by procedures set forth in an
adopted Administrative Code provision, as will
be any procedures for the drafting and review of
such provisions prior to their adoption.
(Ord. No. 2004-66, § 2; Ord. No. 2013-57, § 1)
Sec. 2-11. Amendment of Administrative
Code.
Updating Collier County and State of Florida
contact information, website links, Growth
Management Division's organizational structure
or department titles, may be done administratively
by the County Manager or designee. Typographi-
cal/Scrivener's errors corrections which do not
affect the intent of the Administrative Code's
provisions may be authorized by the County
Manager or designee, without need of further
public hearing, by filing a corrected copy of the
same with the Clerk to the Board.
All other amendments, additions, revisions, or
modifications required to maintain the Collier
County Administrative Code will be made by
resolution of the board adopted by majority vote
at any regular or special meeting of the board.
Such resolutions may be placed as an item on the
regular, consent, or summary meeting agenda,
as deemed appropriate by the County Manager
in consultation with the County Attorney.
(Ord. No. 2004-66, § 2; Ord. No. 2013-57, § 1)
Sec. 2-12. Form of Administrative Code.
All provisions of the Administrative Code are
to be published in a form as determined by the
County Manager or designee.
(Ord. No. 2004-66, § 5(Exh. A); Ord. No. 2013-
57, § 1)
Sec. 2-13. Fees Relating to Land Develop-
ment.
(a) Establishment of schedule of fees, costs
and other charges. The board of county commis-
sioners will, from time to time as deemed neces-
sary, establish and adopt a schedule of fees and
charges for application and document process-
ing, public meetings, public hearings, other meet-
ings and hearings, transcripts, approvals, denials,
development permits, development orders,
development, construction, interpretations,
enforcement, inspection services, sales of docu-
ments, review, resubmission, and any other zoning
or development related services, and any other
services provided or costs incurred by or on
behalf of the county as specified in this administra-
tive code.
(b) Maintenance and amendment of schedule.
The schedule of fees, costs and other charges
shall be maintained in the county manager's
office and shall be available for public inspection
during normal business hours. Additional copies
or part or all of the schedule of fees, costs and
other charges may be maintained in other
appropriate county departments. The schedule
of fees, costs and other charges may be amended,
modified or otherwise changed in accordance
with the procedures of this administrative code.
(c) Payment of fees, costs, and other charges.
The appropriate fees, costs, and other charges
specified in the schedule of fees, costs and other
charges must be submitted with, and paid at the
time of, initial application submission or other
initial document submission except as otherwise
specified in this administrative code or the
schedule of fees, costs, and other charges. The
§ 2-13ADMINISTRATION
CD2:11Supp. No. 111
applicant, or if no applicant, the person request-
ing the county service, document, or other item,
will be responsible for the payment of all fees,
costs and other charges identified in the schedule
of fees, costs and other charges, except as expressly
provided otherwise in this administrative code
or the schedule of fees, costs, and other charges.
The fees, costs, and other charges specified in the
schedule of fees and costs and other charges will
be twice the amount listed for petitions or requests
applied for, or on approval after-the-fact, with
the exception of minor after-the-fact yard
encroachment requests. Until the applicable fees,
costs and other charges have been paid in full, no
action or activity of any type or kind will be
taken on any other pending application, petition,
or request. The provisions contained in this
section do not apply to any impact fee regula-
tions.
(Ord. No. 2013-57, § 1)
Editor’s note—Section 2 of Ord. No. 2013-57, adopted
Sept. 24, 2013, repealed Exhibit A, "Administrative Code for
Fees". Furthermore § 3 of said ordinance adopted Exhibit B,
"Administrative Code for Land Development", which shall be
maintained by the County Manager or designee and kept on
file.
Secs. 2-14—2-16. Reserved.
DIVISION 3. LEGAL ADVERTISEMENTS
AND PUBLIC NOTICES
Sec. 2-17. Title.
This Ordinance shall be known and cited as
the "Legal Advertisements and Public Notice"
Ordinance.
(Ord. No. 2023-37, § 1)
Sec. 2-18. Purpose and intent.
To allow advertisements, publications, or notices
that are currently required to be published in a
newspaper by statute, county ordinance, resolu-
tion, board policy, or administrative procedure,
to instead be published on a publicly accessible
website as allowed by Florida law.
(Ord. No. 2023-37, § 2)
Sec. 2-19. Definitions.
Publicly accessible website means the county's
official website or other private website designated
by the county for the publication of legal notices
and advertisements that is accessible via the
Internet.
(Ord. No. 2023-37, § 3)
Sec. 2-20. Publication of legal advertise-
ments and public notices.
(a) Whenever by Florida Statute or Collier
County ordinance, resolution, board policy, or
administrative procedure, an official or legal
advertisement, publication, or notice in a
newspaper is directed or required, such advertise-
ment, publication, or notice may be published on
a publicly accessible website in lieu of, or in
addition to, newspaper publication.
(b) A link to advertisements and public notices
published on a publicly accessible website as
provided in this article shall be conspicuously
placed on the homepage of the County's official
website.
(c) All advertisements and public notices
published on a publicly accessible website as
provided in this article must be in searchable
form and indicate the date on which the advertise-
ment or public notice was first published on the
website.
(Ord. No. 2023-37, § 4)
Secs. 2-21—2-25. Reserved.
ARTICLE II. BOARD OF COUNTY
COMMISSIONERS*
DIVISION 1. GENERALLY
Sec. 2-26. Term limits.
Effective with the terms of the Commissioners
that commenced in November 2016, an individual
shall not be eligible for election as a Commis-
*Special Act reference—Special Acts pertaining to
Board of County Commissioners, § 202-26 et seq.
State law reference—General authority relative to
meetings, F.S. § 125.01(1)(a).
§ 2-13 COLLIER COUNTY CODE
CD2:12Supp. No. 111
sioner for more than three consecutive four-year
terms. Service as a Commissioner prior to the
terms that commenced in November 2016 shall
not be considered in applying the term limita-
tions of this Section. Service of a two-year term,
or any other partial term subsequent to November
2016, shall not be considered in applying the
term limitation provisions of this Section.
(Ord. No. 2017-11, § 2)
Sec. 2-27. Donation of property for public
use.
(a) Any entity may request to donate property
to Collier County in accordance with those provi-
sions set forth below. The acceptance of such
property shall be at the sole discretion of the
Board of County Commissioners. The Board of
County Commissioners, in its review for
acceptance of such property, shall consider the
type of property including its design, color, size,
the placement of said property and other pertinent
characteristics of the property. Upon acceptance
of the property by the Board of County Commis-
sioners, the entity shall be permitted to place its
name on the donated property in the following
form: "Donated by (name of donor)". The design,
size and placement of the donor name on the
donated item shall be reviewed by the Board of
County Commissioners to assure compliance with
the following criteria:
(1) The lettering shall be no larger than two
inches and shall contain no information
other than that set forth above; and
(2) The lettering shall be white, black or
other unobtrusive color appropriate to
the color of the donated item; and
(3) The design and placement of the letter-
ing shall be appropriate to provide
identification of the donor, if such
identification is requested.
(b) The Board of County Commissioners shall
thereafter approve, approve with changes or
deny the design. The name of the donor on
donated property for public use, in accordance
with the criteria set forth above, shall not be
considered a sign.
(Ord. No. 04-55, § 2.C.)
Secs. 2-28—2-35. Reserved.
DIVISION 2. MEETINGS
Sec. 2-36. Meetings of the Board of
County Commissioners.
(a) Regular meetings. The Board of County
Commissioners shall normally hold its regular
meeting at 9:00 a.m. each second and fourth
Tuesday, except on a day designated as a holiday,
interim recess, or as otherwise directed by an
affirmative vote of the majority of all Board
members present. Meetings may be postponed or
cancelled by an affirmative vote of the majority
of all Board members present. Meetings shall
normally be held at the Collier County Govern-
ment Center and shall be open to the news
media and the public. Meetings may be held in
other locations within the County.
(b) Special meetings. When the Chairman or
a majority of the Board calls a special meeting,
the County Manager or his designee shall notify
the Clerk, the County Attorney, and issue press
releases advising of the place, date and hour of
the meeting and the purpose for which the
meeting is called.
(c) Electronic meetings. When a quorum of the
Board is unable to meet at the Collier County
Government Center due to extraordinary
circumstances, the Chairman or, in the Chairman's
absence, any member of the Board, may call for
an electronic meeting. The electronic meeting
shall be conducted by teleconference, video-
conference, or in such other manner as the
County Manager deems best given the existing
circumstances and available technologies. The
agenda for such meeting shall be limited to those
matters calling for immediate action or atten-
tion, such as a Declaration of a State of Emergency.
Prior to hearing the first item on the agenda, the
participating members must first make a finding
that extraordinary circumstances exist to war-
rant the electronic meeting. If after exercising
due diligence the County Manager is unable to
reach three Board members, then in such event a
quorum shall consist of two members of the
§ 2-36ADMINISTRATION
CD2:13Supp. No. 111
Board who may participate electronically. Notice
of the Electronic Meeting shall be given in the
same manner as a Special Meeting.
(d) Agenda. There shall be an official agenda
for each meeting of the Board, which shall
determine the order of business conducted at the
meeting.
(1) The Board shall not take action upon any
matter, proposal, report or item of busi-
ness not listed upon the official agenda,
unless a majority of the Board present
consents.
(2) The County Manager shall prepare each
agenda in appropriate form approved by
the Board. Matters may be placed on the
agenda by the County Manager, any
County Commissioner, the Clerk, the
County Attorney, and the constitutional
officers. The agenda shall be prepared
and distributed not later than four days
preceding the regular meeting.
(3) Prior to the publishing of the agenda,
matters placed on the agenda should
include as much supporting documents,
information, and materials as is needed
to aid the Board in its preparation and
deliberation of the agenda item. Docu-
ments, information and materials will
not be accepted by the Board following
publication of the agenda unless offered
by a Commissioner or the County
Manager. Should additional documents,
information and materials be presented
to the Board following publication, the
Board may, by a majority vote of those
present, elect to either continue the
agenda item to a future Board meeting,
or waive this requirement and hear the
matter if it determines that the agenda
item is of significant public importance
and should not be postponed.
(4) All requests for a continuance of an
agenda item, including matters advertised
for a public hearing, require Board of
County Commission approval. No person
shall be entitled to rely for any reason
upon any assurances that an agenda
item or public hearing will be continued.
A continuance shall only be granted by
an affirmative vote of the majority of the
Board Members present.
(e) Presiding officer, election, duties. The presid-
ing Chairman and Vice-Chairman shall be elected
by a majority of the members of the Board of
County Commissioners and said election shall
occur at the first regularly scheduled Board
meeting in January of each year. Commencing
with the first regularly scheduled Board meeting
in January 2021, the position of the Chairman
shall be rotated in numerical order based on the
Commission District number beginning with the
Commissioner of District 4. The position of the
Vice-Chair shall also rotate in numerical order
beginning with the Commissioner of District 5.
A prerequisite to being Chairman shall be one
year's tenure on the Board. Should the Commis-
sioner of the District scheduled to be Chair not
meet the tenure requirement, then for that year
the Chair shall skip to the next qualified Com-
missioner in the rotation, with the Vice-Chair-
man always being next in line for Chair.
Thereafter, the rotation of the Chair and Vice-
Chair shall continue in the numerically ordered
rotation. In the event that the Chairman and/or
the Vice-Chairman are not re-elected as Commis-
sioners in any given year, unless a Special
Meeting is called, the Board of County Commis-
sioners shall elect a Chairman and/or Vice-
Chairman, as applicable, at the first regularly
scheduled Board meeting on or after the second
Tuesday after the election to temporarily serve
until the first regularly scheduled Board meet-
ing in January at which time the scheduled
election shall take place. However, the Chair-
man and the Vice-Chairman shall serve at the
pleasure of the Board. The Vice-Chairman shall
preside in the absence of the Chairman. With
respect to all matters outside of meetings (see
subsection (f) below), in the absence of both the
Chairman and the Vice-Chairman, the immedi-
ate past Chairman shall act as temporary Chair-
man, and if there is no immediate past Chairman,
then the longest tenured Commissioner shall so
act. The Chairman shall become the presiding
officer immediately after his or her election. The
Chairman shall preserve order and decorum at
all meetings. He shall state every question and
§ 2-36 COLLIER COUNTY CODE
CD2:14Supp. No. 111
announce the decision of the commission on each
item of business. The majority vote of the members
present shall determine all questions of order
not otherwise covered. The Chairman may vote
on any question, his or her name being called
last. The Chairman shall sign all ordinances,
resolutions and legally binding documents adopted
by the Commission during his or her presence.
In his or her absence, such ordinances, resolu-
tions and legally binding documents shall be
signed by the presiding officer.
(f) Call to Order. At the hour appointed for
the meeting, the Chairman shall immediately
call the Commission to order. In the physical
absence of the Chairman, and the Vice-Chair-
man, the Board members present shall elect a
temporary Chairman and a temporary Vice-
Chairman by majority vote, and the Chairman so
elected shall then call the meeting to order and
shall serve until arrival of the Chairman or
Vice-Chairman.
(g) Quorum. A majority of the Board shall
constitute a quorum. No resolution, legally bind-
ing document or motion shall be adopted by the
Board without the affirmative vote of the major-
ity of all members present. Should no quorum
attend within 30 minutes after the hour appointed
for the meeting, the Chairman, Vice-Chairman,
or in their absence, the Clerk or his designee,
may adjourn the meeting.
(h) Super-Majority Exception. Whenever
provided by general law, special law, ordinance,
or as specified by resolution adopted by a major-
ity of the full membership of the Board, and
notwithstanding subsection (g), a motion,
ordinance, legally binding document or resolu-
tion may be required to be adopted by an affirma-
tive vote of four-fifths (4/5) of the full membership
of the Board.
(i) Rules of debate. The following rules of
debate shall be observed by the Board. Except as
herein provided, questions of order and the
conduct of business shall be governed by Robert's
Rules of Order.
(1) Motion under consideration. When a
motion is presented and seconded, it is
under consideration and no other motion
shall be received thereafter, except to
adjourn, to lay on the table, to postpone,
or to amend until the question is decided.
These countermotions shall have prefer-
ence in the order in which they are
mentioned, and the first two shall be
decided without debate. Final action upon
a pending motion may be deferred until
the next meeting by majority of the
members present.
(2) Chairman participation. The presiding
Chairman may move, second and debate
from the chair, and shall not be deprived
of any of the rights and privileges of a
Commissioner by reason of being the
presiding Chairman.
(3) Form of address. Each member shall
address only the presiding officer for
recognition, shall confine himself to the
question under debate, and shall avoid
personalities and indecorous language.
(4) Interruption. A member, once recognized,
shall not be interrupted except by a call
to order or as herein otherwise provided.
If a member is called to order, he shall
stop speaking until the question is
determined by the presiding officer. Any
member may appeal the decision of the
Chairman to the Board for decision by
majority vote.
(5) Privilege of closing debate. The Commis-
sioner moving for the adoption of an
ordinance, resolution or other act shall
have the privilege of closing debate unless
otherwise directed by the Chair.
(6) The question. Upon the closing of debate
any member may require a roll call vote.
Any member may give a brief statement
or file a written explanation of his or her
vote.
(j) Minutes. The minutes of prior meetings
approved by a majority of the members present
shall become the official minutes. Each resolu-
tion, ordinance and legally binding document
shall be signed by the presiding officer at the
meeting and by the Clerk and entered in the
minutes.
(Ord. No. 75-16, § 1(1); Ord. No. 85-20, § 1; Ord.
No. 87-14, § 1; Ord. No. 89-04, § 1; Ord. No.
§ 2-36ADMINISTRATION
CD2:15Supp. No. 111
90-27, § 1; Ord. No. 2007-02, §§ 1—3; Ord. No.
07-50, § 1; Ord. No. 2009-52, § 1; Ord. No.
2011-01, § 1; Ord. No. 2011-17, § 1; Ord. No.
2014-12, § 1; Ord. No. 2015-50, § 1; Ord. No.
2020-29, § 1)
Sec. 2-37. Addressing the Commission.
(a) If a subject is not on the agenda for a
meeting of the Board of County Commissioners
it may be added by motion and an affirmative
vote of a majority of all Board members present
that the subject should not be delayed until the
next meeting.
(b) Any person appearing to provide the Board
factual information or expert opinion to consider
prior to taking official action shall be governed
by the following procedure:
(1) Prior to addressing the Board the speaker
shall approach any podium or any other
place otherwise designated by the Board
of County Commissioners for this purpose
and clearly state his or her full name,
home address, the name of the person or
entity that he or she represents and the
subject of his or her address.
(2) Before providing factual information or
expert opinion the speaker may ask, and
any Commissioner may require the
speaker to be placed under the following
oath with right hand upraised:
"I willfully swear under oath the facts
and testimony I furnish this Board to be
the truth, the whole truth and nothing
but the truth, and not inconsistent or
contradictory with other statements made
by me under oath."
No person shall be required to take this
oath more than once in any given day,
but shall be reminded he is under oath
before again addressing the Board. Each
commissioner, shall take the oath one
time and be considered under oath during
the term of his office.
Those asking questions or desiring to
comment on a matter before the Board
shall not be required to take the oath.
Any Commissioner may at any time
request such a speaker to take the above
oath.
(3) Each person shall limit his address to
three minutes unless granted additional
time by the Chairman or by an affirma-
tive vote of the majority of the Board
members present. All remarks shall be
to the Board as a body and not to any
individual member. No person other than
a Commissioner shall discuss directly or
through a Commissioner, without
authorization of the presiding officer.
(4) The Chairman may:
a. interrupt, warn, or terminate a
speaker's statement when such state-
ment is too lengthy, abusive, obscene,
irrelevant or repetitive;
b. request any individual to leave the
meeting when that person does not
observe reasonable decorum;
c. request the assistance of law enforce-
ment officers in the removal of a
disorderly person when that person'
s conduct interferes with the orderly
progress of the meeting;
d. call for a recess or an adjournment
to another time when the lack of
public decorum so interferes with
the orderly conduct of the meeting
as to warrant such action.
(Ord. No. 75-16, § 1(2); Ord. No. 07-50, § 1; Ord.
No. 2022-34, § 1)
Sec. 2-38. Sergeant-at-arms.
The County Sheriff, or his deputy, shall be the
sergeant-at-arms at meetings of the Board of
County Commissioners and may assist the Chair-
man in maintaining order and decorum, includ-
ing the removal of a disorderly person when
requested by the Chairman.
(Ord. No. 75-16, § 1(3); Ord. No. 07-50, § 1; Ord.
No. 2022-34, § 1)
§ 2-36 COLLIER COUNTY CODE
CD2:16Supp. No. 111
Sec. 2-39. Action to be taken by resolu-
tion, ordinance or motion.
Each action of the Board of County Commis-
sioners shall be taken by resolution, ordinance
or legally binding document approved as to form
by the County Attorney, except approval of
administrative matters may be by motion adopted
and recorded in the minutes.
(Ord. No. 75-16, § 1(4); Ord. No. 07-50, § 1)
Sec. 2-40. Adjournment.
A motion to adjourn shall always be in order
and decided without debate.
(Ord. No. 75-16, § 1(5); Ord. No. 07-50, § 1)
Sec. 2-41. Reconsideration of matters
generally.
(a) Except for contracts, any matter which
has been voted upon by the Board of County
Commissioners may be reconsidered as follows:
(1) By a motion to reconsider made by a
member who voted with the majority if
such motion is made prior to the adjourn-
ment of the meeting at which the matter
was voted upon. If there were no public
speakers on the item, or if all of the
public speakers for the item are still
present in the boardroom following a
successful motion to reconsider, the Board
may elect to rehear the matter during
that meeting, or direct the County
Manager to place the item on the agenda
for a future meeting as set forth in
subsection (a)(2). If there were public
speakers for the item, and not all of the
public speakers are still present in the
boardroom following a successful motion
to reconsider, the County Manager will
place the item on the agenda for a future
meeting as set forth in subsection (a)(2).
(2) By a motion to reconsider made by a
member who voted with the majority if
such motion is made at a regular meeting
following the meeting at which the matter
was voted upon, but only in accordance
with the following:
(i) Where a member who voted with
the majority wishes the Board to
reconsider a matter after the
adjournment of the meeting at which
it was voted on, the member shall
deliver to the County Manager a
written memorandum stating that
the member intends to introduce a
motion to reconsider. The
memorandum shall state the date of
the regular meeting at which the
member intends to introduce such
motion, and shall be delivered to
the County Manager at least six
days prior to such meeting. The
purpose of this requirement is to
allow the staff to advise the Board
of the legal or other ramifications of
reconsideration.
(ii) No motion to reconsider shall be
made any later than the second
regular Board meeting following the
Board's vote on the matter sought
to be reconsidered.
(iii) Upon adoption of a motion to
reconsider, the County Manager shall
place the item on an agenda not
later than the second regular Com-
mission meeting following the meet-
ing at which the motion for
reconsideration was adopted.
(iv) All parties who participated by
speaking, submitting registration
forms or written materials at the
first hearing, shall be notified by
the County Manager of the date of
reconsideration.
(v) Contracts may only be reconsidered
by motion made prior to the adjourn-
ment of the meeting at which the
matter was voted upon. For purposes
of this subsection, a contract is
defined as an agreement which is
legally binding and enforceable in a
court of law.
(b) This section shall apply to any matters
which may lawfully be reconsidered except those
matters which are covered by Paragraph 7 below.
(Ord. No. 81-54, § 1; Ord. No. 07-50, § 2; Ord.
No. 2009-52, § 1; Ord. No. 2015-53, § 1)
§ 2-41ADMINISTRATION
CD2:16.1Supp. No. 111
Sec. 2-42. Reconsideration of land use
matters.
(a) Applicability. Any matter in which the
Board of County Commissioners or Board of
Zoning Appeals, as the case may be, has denied a
request to change the land use designation of a
parcel of land, a request for site specific rezone
initiated by a petitioner or his or her agent,
variance, conditional use, license, permit or other
land use-related request.
(b) Request for Reconsideration by Petitioner.
A request for reconsideration may be made only
by the petitioner. The petitioner may request
reconsideration of a petition in writing to the
County Manager no later than 15 days from the
date of the Board's action denying the original
petition. Except as provided below, this request
shall be jurisdictional, and no motion for
reconsideration may be made by any member of
the Board where such a request was untimely. If
State or Federal submission and/or approval
schedules pertaining to the petition are extended
within 6 months following the denial of the
original petition, upon Public Petition initiated
by the petitioner, the Board may extend
petitioner's request for reconsideration by major-
ity vote, and on a second motion made by any
Commissioner, place the issue of reconsideration
for a date certain on which the action or petition
will be reconsidered, but in no event shall such
reconsideration take place less than 14 days nor
more than 45 days from the date the motion to
reconsider is adopted.
(c) Motion for reconsideration by a Board
member who voted in the majority. Any member
of the Board who voted with the majority (or in
the case of a rezoning or change in land use
designation, voted against) on the original action
or petition may move for a reconsideration of the
action or petition at any regular meeting of the
Board within 15 days of the date of the request
for reconsideration. If no regular meeting of the
Board occurs within 15 days of the request for
reconsid-
§ 2-42 COLLIER COUNTY CODE
CD2:16.2Supp. No. 111
ADMINISTRATION §2-85
(8) Recommend to the Board a current posi- (17) Perform such other duties as may be
tion classification and pay plan for all required of the County Administrator by
positions in county service. the Board.
(9) Develop, install, and maintain central- (18) The County Manager shall have the au-
ized budgeting, personnel, and purchas- thority to provide the Board of County
ing procedures. Commissioners and the Planning Commis-
sion with reports and recommendations
(10) Organize the work of county depart with respect to matters before such bodies
ments, subject to an administrative code as directed by the Board of County Corn-
developed by the County Administrator missioners.
and adopted by the Board,and review the
departments, administration, and opera- (b) Notwithstanding any of the foregoing, the
tion of the county and make recommen- powers and duties of the County Administrator
dations pertaining thereto for reorganiza- herein defined shall not be construed to limit the
tion by the Board. right of the Board to retain and employ its own
(11) Select, employ and supervise all person- staff with such powers and duties as the Board
nel and fill all vacancies, positions or may designate. This shall specifically include the
employment under the jurisdiction of the right to retain legal counsel who shall report
Board except County Attorney. However, directly to the Board and who shall have sole
the employment of an Assistant County responsibility for the management of the legal
Administrator,and all Department Direc- staff.
tors shall require confirmation by the (Ord. No. 2013-40, § 6; Ord. No. 2015-20, § 1)
State law reference—Authorized powers and duties of
Board. county administrator,F.S.§ 125.74.
(12) Suspend, discharge, or remove any em-
ployee under the jurisdiction of the Board Sec. 2-82. Reserved.
pursuant to procedures adopted by the
Board. DIVISION 3. HEARING EXAMINER
(13) Negotiate leases, contracts, and other
agreements, including consultant ser- Sec. 2-83. Title and citation.
vices,for the county,subject to approval of This Ordinance shall be known and may be
the Board, and make recommendations cited as the "Collier County Hearing Examiner
concerning the nature and location of Ordinance."
county improvements. (Ord. No. 2013-25, § 1)
(14) See that all terms and conditions in all
leases,contracts,and agreements are per- Sec. 2-84. Establishment of Office of Hear-
formed and notify the Board of any noted ing Examiner.
violation thereof. The Office of Hearing Examiner is hereby es-
(15) Order, upon advising the Board, any de- tablished.
partment under his jurisdiction as speci- (Ord. No. 2013-25, § 2)
fled in the administrative code to under-
take any task for any other agency on a Sec. 2-85. Method and conditions for selec-
temporary basis if he/she deems it neces- tion,appointment and removal of
sary for the proper and efficient adminis- the Hearing Examiner.
tration of the county government to do so.
(a) Recruitment for the position of Hearing
(16) Attend all meetings of the Board with Examiner shall be in such manner as may be
authority to participate in the discussion determined by the Board of County Commission-
of any matter. ers.
Supp.No.58 CD2:20.1
§2-85 COLLIER COUNTY CODE
V
(b) The Hearing Examiner shall be appointed (b) Reports of Decisions.After a public hearing
by an affirmative vote of not less than three is held, the Hearing Examiner will make a writ-
members of the Board of County Commissioners ten report of his decision in accordance with the
and serve at the will and pleasure of the Board of Rules of Procedure, and provide a copy of the
County Commissioners. The Board may appoint report of decision to all parties of record, County
multiple Hearing Examiners. Appointment shall staff, and the Board of County Commissioners.
be made by written contract negotiated with the
Board of County Commissioners, which contract (c) Records. The Hearing Examiner will be
shall set out the terms and conditions of employ- provided with a court reporter for all hearings in
ment, compensation and removal, and may spec- the same manner as provided for the Collier
ify any additional powers and duties delegated or County Planning Commission.To assist the Hear
assigned to the Hearing Examiner. Simultaneous ing Examiner in the conduct of all hearings, the
service on the Collier County Planning Commis- County Manager shall assign a staff person as
sion shall not preclude appropriate compensation. Secretary to the Hearing Examiner. The Secre
tary shall keep indexed records of all meetings,
(c) The Hearing Examiner need not be a resi agendas, findings, determinations and reports of
dent of the County at the time of appointment, decision. Such records shall be public records.
but during the Hearing Examiner's tenure in (d) Attendance at Hearings. The Hearing Ex-
office shall reside within the County. aminer may request staff members with personal
knowledge of relevant facts to attend hearings
(d) The position of the Hearing Examiner shall and produce relevant documents.
be deemed vacant if the incumbent is removed, (Ord. No. 2013-25, § 4)
resigns, moves his residence from the County or
is, by death, illness or other casualty, unable to Sec. 2-87. Powers and duties of the Hearing
continue in office. In the case of vacancy or dis- Examiner.
ability, the matter shall be heard by the Collier
The Hearing Examiner shall have the follow-
County Planning Commission,the Board of County ing powers and duties:
Commissioners or the Board of Zoning Appeals,
as the case may be, following the established 1. Appeals of Administrative Decision or In-
procedures set forth in the Collier County Land terpretation.All type III appeals of admin-
Development Code(hereinafter referred to as the istrative decisions or interpretations, as
"LDC"), until a successor has been appointed by set forth in LDC Section 10.04.04,shall be
the Board of County Commissioners or the Hear- heard by the Hearing Examiner. All ap-
ing Examiner resumes the duties of the position. peals and staff response to such appeals
(Ord. No. 2013-25, § 3) must substantially conform to the Rules
of Procedure.In reaching his decision,the
Sec. 2-86. Conduct of meetings, reports and
Hearing Examiner must consider:
records. a. The criteria for the type of applica-
tion being requested;
(a) Rules of Procedure. The Board of County b. Testimony from the applicant; and
Commissioners shall adopt the Rules of Proce-
c. Testimony from any members of the
dure for the conduct of all hearings before the public.
Hearing Examiner.Such procedures shall be made
part of the Collier County Administrative Code, 2. Variances. The Hearing Examiner will
with all amendments, additions, revisions, or hear and decide all requests for variances
modifications made by resolution of the Board of from the terms of the regulations or re-
County Commissioners. Copies of the Rules of strictions of the zoning code and such
Procedures shall be maintained on file in the other codes or ordinances as may be as-
office of the Zoning Director, and published on-
line for the benefit of the public.
Supp.No.58 CD2:20.2
ADMINISTRATION §2-87
signed to him by the Board of County c. The testimony of any applicant or
Commissioners. In reaching his decision, agent;
the Hearing Examiner must consider: d. The recommendation of staff; and
a. The criteria for the type of variance e. The testimony of the public.
being requested, in particular those
set forth in LDC Section 9.04.03; As part of his decision, the Hearing
Examiner must make the findings
b. Staff recommendations; required by LDC Subsection 10.08.00.D,
c. Testimony from the applicant; and and may place appropriate conditions
and safeguards as set forth in LDC
d. Testimony from the public. Subsection 10.08.00.E.
Before granting any variance, the Hear-
4. Boat Lift Canopies and Dock Facility
ing Examiner must make a finding with Extensions. The Hearing Examiner shall
respect to each of the criteria set forth in hear all petitions for a boat lift canopy
LDC Section 9.04.03, and with respect to and dock facility extensions as provided
sign variances,LDC Section 5.06.08. The for in LDC Subsections 5.03.06.G and H.
Hearing Examiner has the same author-
ity as the Board of Zoning Appeals to 5. The Board of County Commissioners, by
grant, deny, or modify any request for a majority vote,may remand any advertised
variance from the regulations or restric- public hearing involving a development
tions of this Code, or to attach conditions order to the Hearing Examiner for the
and requirements necessary for the protec- sole purpose of opining on a legal or
tion of the health, safety, comfort, technical land use issue raised during
convenience and welfare of the general the hearing. After reviewing the matter
public. The conditions or requirements utilizing any procedure the Hearing
must be reasonably related to the vari- Examiner deems appropriate,which may
ance requested and conform to the require- or may not include an advertised public
ments of the LDC. hearing,the Hearing Examiner will issue
a non-binding recommendation to the
3. Conditional Uses. The Hearing Examiner Board with respect to the issue remanded,
will hear and decide all requests for which recommendation will become part
minor conditional uses. For purposes of of the record when the matter is again
this section, a minor conditional use is heard by the Board.
one which does not require Environmental
Advisory Council review and which is not 6. To the extent authorized by law,by Resolu-
a case of great public interest or concern tion of the Board of County Commission-
as determined in the discretion of the ers, the Hearing Examiner may be
Hearing Examiner. However, the Com- assigned any and all other powers and
missioner of the District in which the duties that have previously been granted
proposed minor conditional use is located to the Collier County Planning Commis-
may direct that the minor conditional sion or the Board of Zoning Appeals,
use be heard by the Planning Commis- expressly excepting those powers reserved
sion in an advisory capacity and then to the Collier County Planning Commis-
Board of Zoning Appeals for final action. sion as the local planning agency (LPA),
In reaching his decision, the Hearing and land development regulation commis-
Examiner must consider: sion as required by F.S. §§ 163.3174 and
163.3194. All powers and duties expressly
a. The factors and criteria set forth in granted to the Hearing Examiner, either
LDC Subsection 10.08.00.D; by this ordinance or through future resolu-
b. The relevant matters set forth in an tions, preempt the Collier County Plan-
applicant's written petition; ning Commission, or the Board of Zoning
Supp. No. 87 CD2:20.3
§2-87 COLLIER COUNTY CODE
Appeals, as the case may be,with respect Sec. 2-91. Conduct of Hearing Examiner.
to the established procedures set forth in A Hearing Examiner shall:
the Collier County Land Development
Code. a. Avoid impropriety and the appearance of
(Ord. No. 2013-25, § 5; Ord. No. 2013-59, § 1; impropriety in all of the Hearing
Ord. No. 2020-08, § 1) Examiner's activities.
b. Perform the duties of the Hearing
Sec. 2-88. Decisions and appeals from deci- Examiner impartially and diligently.
sions of the Hearing Examiner. c. Regulate outside activities to minimize
All decisions of the Hearing Examiner arising the risk of conflict with the duties of the
from Section 2-87 will be delivered or mailed by Hearing Examiner.
the Hearing Examiner to all parties of record, d. Conduct themselves in a manner that
the County Attorney, and the County Manager. does not give the appearance of influence
Any party,including the County, may appeal the or impropriety.
decision to the Board of Zoning Appeals or the
Board of County Commissioners,as the case may e. Refrain from inappropriate political activ
be, within the time frame and in the manner ity.
provided by the Rules of Procedure. Failing a f. Not simultaneously serve on any Collier
timely appeal, the decision of the Hearing County advisory committee that reviews
Examiner will be considered final in all respects. and makes recommendations on matters
Appeals shall be heard de novo by the reviewing related to land use, zoning, or permitting
Board in the manner proscribed in the LDC. In of construction.
reaching its decision, the reviewing Board may (Ord. No. 2020-08, § 2)
adopt or deny,in whole or in part,the decision of
�--the Hearing Examiner. DIVISION 4. COUNTY ATTORNEY
(Ord. No. 2013-25, § 6)
Sec. 2-92. Title and citation.
Sec. 2-89. Funding for the Office of the
Hearing Examiner. This Ordinance shall be known and may be
cited as the"Collier County Attorney's Ordinance."
The Board of County Commissioners shall (Ord. No. 2013-34, § 1)
appropriate funds as necessary from the general
fund or other legally available funds of the Sec. 2-93. The County Attorney and Office
County to employ the Hearing Examiner and of the County Attorney.
provide necessary and reasonable expenses for The County Attorney shall be the chief legal
the operation,management,space,facilities,and counsel to the County and shall be the head of
expenses associated with the Office of Hearing the County Attorney's Office. The County
Examiner. Such appropriations shall be subject Attorney's Office shall serve the Board of County
to periodic review and adjustment in accordance Commissioners, County Manager and County
with the budgetary process of the County.
(Ord. No. 2013 25, § 7) Agencies and Departments, and any other entity
as directed by the Board, in all legal matters
affecting county government. The Office of the
Sec. 2-90. Staff. County Attorney shall consist of the County
Attorney,together with a Deputy County Attorney,
The Community Development Services Divi- assistant county attorneys, law clerks, legal
sion shall be the professional staff of the Hearing secretaries, paralegals and other personnel as
Examiner. may from time to time be employed by the
(Ord. No. 2013-25, § 8) County Attorney. The Office of the County
Supp. No. 87 CD2:20.4
ADMINISTRATION §2-95
Attorney shall be managed and operated in outside counsel to assist in such representation.
accordance with the terms of this ordinance, the The duties, responsibilities and authority of the
Policies and Procedures Manual of the Office of County Attorney shall include, without limita-
the County Attorney, and any written contract tion:
between the Board and the County Attorney.
(Ord. No. 2013-34, § 2) (1) Employing and managing all personnel
of the County Attorney's Office,establish-
Sec. 2-94. Method and conditions for selec- ing the organizational framework of the
tion, appointment and removal Office, and supervising the conduct of all
of the County Attorney. employees of the Office of the County
Attorney.
(a) Recruitment for the position of County
Attorney shall be in such manner as may be (2) Providing legal advice and counsel to,
determined by the Board. and legal representation of the Board
(b) The County Attorney shall be appointed and all County departments, agencies,
by an affirmative vote of not less than three advisory boards, officers and employees
members of the Board and serve at the will and on matters pertaining to the business of
pleasure of the Board. the County or in connection with the
duties of the Board, department, agency,
(c) The County Attorney shall be appointed officer or employee.
by written contract negotiated with the Board
which contract may set out the terms and condi- (3) Representing the County in all litigation,
tions of employment and removal and specify administrative hearings, mediation,
any additional powers and duties delegated or appeals and judicial proceedings in which
assigned to the County Attorney. the County,the Board,or a County depart-
ment or agency under the jurisdiction of
(d) The County Attorney shall be and shall the Board is a party. With the approval
remain duly authorized to practice law in the of the Board, the County Attorney may
State of Florida, and shall have such experience employ outside counsel for such proceed-
as determined by the Board. ing, on such terms and conditions as the
(e) The County Attorney need not be a resident Board finds appropriate and consistent
of the County at the time of appointment, but with the County's purchasing policies.
during the Attorney's tenure in office shall reside (4) Advising and providing recommenda-
within the County. tions to the Board regarding the need for
(f) The position of the County Attorney shall the selection of any special counsel to be
be deemed vacant if the incumbent is removed, retained by the County and its agencies
resigns, moves his residence from the County or to provide legal representation in speci-
is, by death, illness or other casualty, unable to fled matters not related to litigation, and
continue in office. In the case of vacancy or thereafter supervising, monitoring and
disability, the Deputy County Attorney shall coordinating, as appropriate, the
serve as the County Attorney until a successor representation, services and work of any
has been appointed by the Board or the County special counsel so employed.
Attorney resumes the duties of the position.
(Ord. No. 2013-34, § 3) (5) The County Attorney shall be the
registered agent of the County and its
Sec. 2-95. Duties of the County Attorney. agencies,including but not limited to the
Collier County Community Redevelop-
(a) The County Attorney shall exclusively ment Agency;the Collier County Airport
represent the County in all legal matters, and as Authority;and the Collier County Water-
set forth below,with Board direction shall retain Sewer District, and shall be the sole
--- Supp. No. 87 CD2:20.5
§2-95 COLLIER COUNTY CODE
authorized agent for acceptance of service
of process on behalf of Collier County
and all of its agencies.
(6) The County Attorney shall review and
approve all draft ordinances,resolutions,
contracts and other legal documents(such
as grant awards) prior to their being
presented to the Board, shall attest that
each such document has been approved
as to form and legality, and shall cite
with specificity any ordinance, statute,
constitutional or other provision on which
the proposed action is based.
(7) With the assistance of the County
Manager, the County Attorney shall be
responsible for ensuring the proper execu-
tion of all Board approved contracts,
resolutions and ordinances, and shall
ensure the preservation of the chain of
custody of such documents from Board
approval, to execution through recording
in the Official Records of the Clerk of
Courts.
(8) All legal information relating to the
`,. County shall be immediately forwarded
to the County Attorney upon receipt of
such information by any member of the
Board and/or County Staff, including but
not limited to matters relating to
threatened, pending or actual litigation,
whether criminal, civil or administrative
in nature.
(9) The County Attorney shall be the Chief
Ethics Officer for the County and its
agencies.
(b) The Office of the County Attorney shall
provide legal advice and counsel to and representa-
tion of any other State or local governmental
office, unit, or entity as may be required by law
or interlocal agreement entered into by the
Board.
(c) To implement the duties set forth above,
the County Attorney shall develop administra-
tive practices and procedures to be approved by
the
' Supp. No. 87 CD2:20.6
`01.01 ADMINISTRATION §2-101
Board for inclusion into the Collier County Ad- the county, and provide incentives for the attain-
ministrative Code, which practices and proce- ment of these goals.This section shall be liberally
dures shall thereafter be respected by the Board construed to effect its stated purpose and intent.
and County staff.
(Ord. No. 2013-34, § 4) (b) Authorized expenditures of County funds.
In order to accomplish the goals and effectuate
the purposes of this section, the following expen
Sec. 2-96. Funding for the Office of the
County Attorney. ditures are deemed to constitute valid and proper
county purposes for which county funds may be
The County Attorney shall prepare a budget for used:
the Office of the County Attorney to be presented • (1) Funding and presentation of the following
to the Board in accordance with the annual bud- awards:
get process adopted by the Board.The Board shall
appropriate funds as necessary from the general a. Awards to county employees:
fund or other legally available funds of the County i. For recognition of outstanding
to employ the County Attorney and personnel of
the Office of the County Attorney and provide service or achievement in con
necessary and reasonable expenses for the oper nection with county employ
ation, management, space, facilities, and ex- ment.
penses usually associated with the practice of law. ii. For recognition and/or success-
Such appropriations shall be subject to periodic ful participation in an employee
review and adjustment in accordance with the suggestion program, safety in-
budgetary process of the County. centive program,attendance in-
(Ord. No. 2013-34, § 5) centive program, safety idea of
the month contest, employee of
the month program, employee
Secs. 2-97-2-100. Reserved. assistance program, and other
similar productivity improve-
ment contests and programs.
ARTICLE IV. EMPLOYEE BENEFITS*
iii. For recognition of five, ten, 15,
20, 25, and 30 years of county
DIVISION 1. GENERALLY
service.
Sec. 2-101. Incentives for job-related iv. For employees who are retiring
achievements. under the Florida Retirement
System with at least 5 years of
(a) Purpose and intent. It shall be the purpose county service.
of this section to enhance county employee pro- b. Awards to individuals or community
ductivity,promote and engender good will toward service groups to recognize volun-
county government within the community,encour- teer services or donations of gifts to
age increased employee responsiveness to the the county or beautification of the
needs and requests of the citizens and residents of county.
*Cross references—Officers and employees, § 2-66 et c. Awards to members of county advi-
seq.;personnel,ch. 102. sory boards or committees.
Special act reference—Special acts pertaining to em-
ployee benefits,§202-256 et seq. d. The awards may include purchase
State law references—Public officers and employees
generally,F.S.chs.111,112;general powers of county relative and presentation of framed plaques
to officers and employees, F.S. § 125.01(1)(s), (1)(u), (1)(v), or certificates, pins, cash and other
(1)(bb). suitable tokens of recognition.
Supp.No.56 CD2:20.7
§2-101 COLLIER COUNTY CODE
(2) Refreshments such as coffee, doughnuts, incentive for voluntarily ending their employ-
pastries or other light snacks served to ment with the County earlier than they otherwise
employees at open house,orientation meet- would have done.
ings, in-service training and workshops.
(d) Payments. Any payment made in accor-
(3) Luncheons or dinners to recognize and dance with this Ordinance and implementing
make tribute to employees for longevity of resolution will be made in compliance with the
service. This program shall not include Florida Retirement System Act,F.S. ch. 121.This
expenditures for alcoholic beverages, nor Ordinance is not intended to alter or affect in any
shall it include expenditures for spouses way the years of creditable service as defined
of employees. pursuant to F.S. § 121.021, or the calculation of
(4) Seasonal or holiday promotional expendi- Florida retirement benefits.
tures designed or intended to promote or (e) Conflict and severability. In the event this
engender good will toward the activities, Ordinance conflicts with any other ordinance of
services and projects of the county or to Collier County or other applicable law, the more
enhance the image of county government restrictive shall apply. If any phrase or portion of
within the community. the Ordinance is held invalid or unconstitutional
(c) Approval of the purpose of expenditures by by any court of competent jurisdiction, such por-
resolution. No expenditures of county funds for tion shall be deemed a separate, distinct, and
any of the above-enumerated purposes shall be independent provision and such holding shall not
made unless the board of county commissioners affect the validity of the remaining portion.
adopts or has adopted an implementing resolu- (Ord. No. 2009-13, §§ 1-5)
tion setting forth the specific purpose of the
expenditure. Secs. 2-103-2-110. Reserved.
(Ord. No. 87-5, §§ 1-3; Ord. No. 2014-02, § 1)
DIVISION 2. DEFERRED COMPENSATION
Sec. 2-102. Collier County Voluntary Sepa-
PLAN*
ration Incentive Program
("VSIP").
Sec. 2-111. Deferred compensation program.
(a) Title. This Ordinance will be known and
cited as the Collier County Voluntary Separation (a) The Board of County Commissioners hereby
Incentive Program ("VSIP") Ordinance. adopts the Nationwide Retirement Solutions,Inc.,
Deferred Compensation Program and the Inter-
(b) Intent and purpose. The Board of County national City Management Association "Retire-
Commissioners hereby establishes the Voluntary ment Corporation" (ICMA "RC") Program and
Separation Incentive Program ("VSIP"), with the hereby establishes for itself the Collier County,
intent and purpose of continuing to adhere to Florida, Deferred Compensation Plan for the vol-
approved budget guidance while assisting eligible untary participation of all eligible County officials
employees who wish to participate in the pro- and employees including the Supervisor of Elec-
gram. tions'employees.The program"Deferred Compen-
(c) Voluntary separation incentive pay. The sation Plan for Public Employees" and "Adminis-
County Manager and the County Attorney are trative Service Agreement"documents are hereby
hereby authorized to make voluntary separation incorporated into and made a part of this section
incentive payments to qualified employees as an by this reference. Further, the International City
incentive for their voluntary termination or res Management Association "Retirement Corpora
ignation to the extent that such payments serve a tion" Program, the Declaration of Trust of ICMA
public purpose and such employees qualify pur Retirement Trust, the Trust Agreement with the
suant to this section and implementing resolu- *State law reference—Government Employees'Deferred
tion. Such payments shall be compensation as an Compensation Plan Act,F.S.§112.215.
Supp.No. 56 CD2:20.8
ICMA Retirement Corporation are hereby
approved and incorporated into and made a part
of this ordinance by reference. A copy of these
program documents is available for public inspec-
tion at the Human Resources Department. These
programs are entered into with the understand-
ing that, other than the incidental expenses of
collecting and disbursing of the employees' defer-
rals and other minor administrative matters,
there will be no cost or contribution by the
County to the Programs.
(b) The Board of County Commissioners of
Collier County, Florida, hereby designates
Nationwide Retirement Solutions, Inc., and the
ICMA Retirement Corporation to administer each
Deferred Compensation Program on behalf of
Collier County.
(c) The County Administrator or his designee
is hereby authorized to execute, on behalf of
Collier County, individual participation agree-
ments with each employee requesting to
participate in the deferred compensation
programs.
(Ord. No. 83-25, § 1; Ord. No. 89-48, § 1; Ord.
No. 2014-31, § 1)
Sec. 2-112. Reserved.
Editor’s note—Ord. No. 2014-31, § 2, adopted July 8,
2014, deleted § 2-112, entitled "Program committee", which
derived from: Ord. No. 83-25, § 2; and Ord. No. 89-48, § 2.
Secs. 2-113—2-135. Reserved.
ARTICLE V. DEPARTMENTS*
DIVISION 1. GENERALLY
Secs. 2-136—2-185. Reserved.
DIVISION 2. COLLIER COUNTY
PROCUREMENT POLICY†
Sec. 2-186. Title and Citation.
This Ordinance shall be known and may be
cited as the "Collier County Procurement
Ordinance" or "Procurement Ordinance."
(Ord. No. 2025-34, § 1)
Sec. 2-187. Purpose.
The purpose of this Procurement Ordinance is
to codify and formalize Collier County's Procure-
ment policy, to provide for the fair and equitable
treatment of all persons involved in public
purchasing by the County, to maximize the
purchasing value of public funds in procure-
ment, and to provide safeguards for maintaining
a procurement system of quality and integrity.
Any provision of this Ordinance in conflict with
statute is null and void as to the conflict.
(Ord. No. 2025-34, § 2)
Sec. 2-188. Applicability and Approved
Thresholds.
1. This Procurement Ordinance applies to the
procurement of goods and services by the County
after the effective date of this Procurement
Ordinance. This Procurement Ordinance shall
apply to all expenditures of public funds by the
Board for public purchasing, irrespective of the
source of the funds. Nothing in this section shall
prevent the County from complying with the
terms and conditions of any grant, gift or bequest
that is otherwise consistent with law.
2. Nothing contained herein shall be construed
as requiring Collier County's Constitutional
Officers (Clerk of the Circuit Court, Property
Appraiser, Sheriff, Supervisor of Elections, and
Tax Collector), Court Administration, State
Attorney, Public Defender or the Collier County
Metropolitan Planning Organization non-county
funds to be covered by the provisions of this
*Cross references—Community services department,
§ 22-30; disaster recovery task force, § 38-26 et seq.; law
enforcement, ch. 78.
Land development code references—Development
services department, div. 5.10; growth planning department,
div. 5.11; housing and urban improvement department, div.
5.12.
†Editor’s note—Ord. No. 2025-34, §§ 1—28, adopted
Aug. 26, 2025, repealed the former Div. 2, §§ 2-186—2-215,
and enacted a new Div. 2 as set out herein. The former Div.
2 was entitled "Procurement Services Division," and derived
from: Ord. No. 2017-08, §§ 1—30, adopted Mar. 14, 2017;
Ord. No. 2018-38, § 1; and Ord. No. 2020-28, §§ 1—5.
§ 2-188ADMINISTRATION
CD2:20.9Supp. No. 121
Procurement Ordinance. However, the services
of the Collier County Procurement Services Divi-
sion Director may be made available for consulta-
tion.
3. The Board shall execute formal contracts
in excess of $250,000 having a binding effect
upon the County, to include revenue generating
contracts and hereby delegates to the County
Manager or designees, the authority to approve
contracts or agreements and amendments, exten-
sions, and renewals of such contracts or agree-
ments, including change orders, work orders and
other ancillary documents, providing the total
amount of County expenditure for any such
contract or agreement does not exceed $250,000
unless otherwise specified by action of the Board.
The $250,000 limitation set forth above shall
be determined by the following:
a) the per fiscal year dollar total expenditure
for term contracts,
b) the per fiscal year dollar expenditure for
fixed-fee agreements,
c) the per fiscal year dollar expenditure for
lease agreements,
d) the total dollar expenditure included in
the contract for lump sum or specific
project agreements.
4. Following formal action taken by the Board
for purchases greater than the formal competi-
tion threshold, the Board delegates to the County
Manager or designee the authority to carry out
the administrative and ministerial actions neces-
sary to effectuate the Board's action, including
but not limited to the subsequent issuance of
Work or Purchase Orders, to the extent provided
in the Procurement Ordinance.
5. The Board encourages the implementation
of cost savings measures, processes, and
procedures as part of its various adopted procure-
ment methods including but not limited to Direct
Material Purchases, purchasing card purchases,
and bulk purchases as may be in the best
interest of the County. In furtherance of
implementing cost saving measures, such as
Direct Material Purchases and the Board's other
adopted methods of procurement, the Board
delegates to the County Manager or designee,
the authority to manage and administer the
procedures, processes and measures necessary to
maximize the purchasing value of public funds
expended in the procurement of materials.
(Ord. No. 2025-34, § 3)
Sec. 2-189. Definitions.
Agency shall mean all departments, divisions,
units and offices under the Board, including the
Collier County Redevelopment Agencies, the Col-
lier County Airport Authority, Collier County
Water-Sewer District and all departments under
the auspices of the County Manager. Also included
are those elected or appointed officials that
agree to utilize procurement services provided
by the Board.
Amendment shall mean an agreed addition to,
deletion from, correction, or modification of a
document or contract.
Blanket Purchase Order shall mean a contract
document issued by the Procurement Services
Division which encumbers appropriated funds
issued and includes established prices for a
defined period of time, although without specify-
ing quantities.
Change Order shall mean a written order
approved by the Procurement Services Director
or the Board as required by the Ordinance
directing the Contractor to change a contract's
amount, requirements, or time. All changes must
be within the original scope of the contract and
in accordance with the Board approved contract's
changes clause or, if no such clause is set forth
within the agreement, in accordance with this
Procurement Ordinance. For any contract for
construction services entered on or after July 1,
2025, the County must approve or deny a price
quote for a change order requested or issued by
the County within 35 days after receipt of such
price quote from the contractor (receipt commenc-
ing the date upon which the County's Project
Manager and Department Head receives the
price quote) consistent with the prompt process-
ing of change orders set forth in Section 218.755,
Fla. Stat.
§ 2-188 COLLIER COUNTY CODE
CD2:20.10Supp. No. 121
Construction Manager at Risk (CMR/CMAR)
is a construction delivery method in which the
Construction Manager acts as a consultant to
the County in the development and design phases,
but as the equivalent of a general contractor
during the construction phase. The CMAR is
contractually bound to deliver the project within
a guaranteed maximum price (GMP).The
Construction Manager at Risk is responsible and
accepts risk for constructing the entire project
for the GMP and the Contractor is responsible
for assembling the team of suppliers and
subcontractors.
Consultants' Competitive Negotiation Act
(CCNA) is Section 287.055, Fla. Stat., and governs
the procurement of professional individuals/
firms for architectural, engineering, landscape
architecture, survey and mapping services.
Consultant/Contractor/Supplier/Vendor shall
mean a provider of goods or services to the
County Agency. These terms may be used
interchangeably.
Continuing Contract shall mean a fixed term
contract for professional services as defined in
Section 287.055, Fla. Stat.
Contract Extension shall mean an action to
change and extend a contract termination date
pursuant to a provision in the original contract
that increases the contract period. An extension
must be in writing and may not change the
contract's amount or requirements unless provided
for in the original solicitation, contract, or as
otherwise stated in this Ordinance.
Contract Renewal shall mean a clause in the
contract that allows the contract term or period
to renew for an additional time period as defined
in the current contract.
Cooperative Purchasing is where a govern-
ment uses a nationally or state recognized coopera-
tive purchasing program to procure the goods
and services.
County Manager shall mean the County
Manager or County Administrator of Collier
County or designee, as defined in the County
Administration Law of 1974, Chapter 125, pt.
III, Fla. Stat.
Debar shall mean to bar a person or company
from participating in a procurement action
because of a previous illegal or irresponsible
action; may be used as a noun, debarment.
Design-Build Agreement is a delivery method
for construction projects that combines the
architectural, engineering, and construction
services required for a project into a single
contractual agreement.
Direct Material Purchase is a cost-savings
measure to achieve sales tax savings through the
County's sales tax exemption by purchasing
materials directly from a supplier or vendor.
Other savings may be achieved in the Direct
Material Purchase process through purchasing
cards, rebates, discounts, and other cost savings
measures. Also known as Direct Purchase Order.
Emergency shall mean any occurrence, or
threat thereof, whether natural, technological,
or manmade, in war or in peace, which results or
may result in substantial injury or harm to any
portion of the population or substantial damage
to or loss of property; or those situations where
the operation of an essential department would
be seriously impaired if immediate action was
not taken, as defined by Section 252.34, Fla.
Stat.
Emergency procurement shall mean an expedi-
tious purchase of commodities, services or
construction to address an emergency.
Fixed-Fee Agreement/Contract shall mean a
contract providing for a firm price, or a price that
may be adjusted only in accordance with contract
clauses providing for revisions of the contract
price under stated circumstances.
Fixed-Term Contract is a type of contract in
which a source of supply is established for a
specific period of time for specified services or
supplies; usually characterized by an estimated
or definite minimum quantity to furnish com-
modities or contractual services during a defined
period, with the possibility of additional require-
ments beyond the minimum, all at a
predetermined unit price.
Lease Agreement is a contract outlining the
terms in which one party agrees to rent property
§ 2-189ADMINISTRATION
CD2:20.11Supp. No. 121
owned by another party, which may include real
estate or personal property for a specified amount
of time.
Lump Sum or Specific Project Agreement is a
contract where a firm fixed total price is offered
by the vendor for the completion of a project;
typically, this is done through a competitive
process and where the final invoicing will require
no cost breakdown.
Minority Business Enterprise (MBE) or any
other designation assigned by the Office of Sup-
plier Diversity shall mean a firm or individual
who satisfies the registration requirements of
that agency and/or satisfies the requirements
outlined in Sections 287.0943(2)(e), and 295.187,
Fla. Stat., and Chapter 60A-9, Florida Administra-
tive Code.
Piggybacking is when any government entity
procures a contract under a similar solicitation
process that meets or exceeds the requirements
of the County's solicitation process and allows
for piggybacking.
Purchase Order shall mean a contract docu-
ment issued by the Procurement Services Divi-
sion which encumbers appropriated funds used
to contract with a vendor formalizing all terms
and conditions of a proposed transaction to
furnish or deliver commodities or services to the
County.
Purchasing Card (P-Card) shall mean a credit
card officially assigned to specific employees or
individuals authorized by the County Manager
or designee for the purpose of making purchases
for official Collier County business.
Responsible Vendor/Bidder/Proposer shall
mean a vendor who has the financial and techni-
cal capacity to perform the requirements of the
solicitation and subsequent contract.
Responsive Vendor/Bidder/Proposer shall
mean a vendor who has submitted a bid or
proposal that fully conforms in all material
respects to the solicitation and all of its require-
ments, including form and substance.
Revenue Generating Agreement shall mean a
contract whose primary purpose is to generate
revenue or to create a business opportunity for
the County.
Single Source procurements are defined as
commodities or contractual services that are
available only from a single source or the use of
such source is both economically and operation-
ally in the County's best interest. Single source
commodities or contractual services must be
available only from contractors/vendors/
consultants who are uniquely qualified.
Work Order is a contract instrument issued
under the terms and conditions of an approved
Continuing Contract or an Agreement, which
authorizes a contractor or consultant to perform
a specific task within the broader scope of the
master agreement. Nothing in the work order
shall conflict with the terms and conditions of
the Continuing Contract or Agreement, and all
work done must fall within the scope and term of
the underlying master agreement.
(Ord. No. 2025-34, § 4)
Sec. 2-190. Establishment of Procurement
Services Division and Procure-
ment Services Division Direc-
tor.
1. There is hereby established the Collier
County Procurement Services Division, which
shall be a distinct division under the direction of
the County Manager.
a) The Procurement Services Division Direc-
tor of the Procurement Services Division
shall have the authority to negotiate all
purchases for all Agencies, except as
required by State, federal or local law. In
keeping with Chapter 125, Fla. Stat.,
this Procurement Ordinance grants to
the Procurement Services Division Direc-
tor only those powers and duties which
are administrative and ministerial in
nature and does not delegate any
governmental power imbued in the Board
as the governing body of Collier County
pursuant to Art. VIII, § 1(e), Florida
Constitution. The Procurement Services
Division Director may delegate to one or
§ 2-189 COLLIER COUNTY CODE
CD2:20.12Supp. No. 121
more Procurement Services Division
employees any and all aspects of the
authority vested in the Procurement
Services Division Director by the County
Manager. Except as otherwise specified
by law, this Ordinance shall apply to
every procurement under the authority
of the Board and to elected or appointed
officials or contractual employees (Clerk
of the Circuit Court, County Attorney,
Property Appraiser, Sheriff, Supervisor
of Elections, Tax Collector and Collier
Metropolitan Planning Organization) who
choose to utilize procurement services
provided by the Board.
b) Notwithstanding any other provision of
the Procurement Ordinance, the Procure-
ment Services Division Director is
authorized to issue Purchase Orders as
authorized by the Board.
c) The Procurement Services Division Direc-
tor or designee shall have the authority
to interpret the Procurement Ordinance
and Procurement Manual(s) and may
issue directives for that purpose.
d) Authority Limitation and Delegation;
Promulgation of Procedures. All author-
ity to execute documents that is vested to
the County Manager or designee is hereby
delegated to the Procurement Services
Division Director or designee and shall
be subject to the limits of any applicable
federal, state or other law.
e) Nothing in this section shall limit the
Boards' right to waive any provisions
contained herein when the Board shall
deem it in the best interest of the County.
(Ord. No. 2025-34, § 5)
Sec. 2-191. Duties of the Procurement
Services Division.
Within the constructs of this Ordinance, the
Procurement Services Division shall be responsible
for:
1. Seeking Maximum Value: Acting to
procure the highest quality commodities
and contractual services for the County
at the least expense to the County.
2. Encouraging Competition: Endeavoring
to obtain as full and open competition as
possible on all purchases, services and
sales.
3. Procurement Analysis: Staying updated
on the latest developments in purchas-
ing, pricing, market conditions, and new
products. This includes leveraging
research conducted by other government
agencies, national technical societies,
recognized trade associations, and private
organizations to ensure the County
benefits from advancements in the
procurement field.
4. Procurement Manual: Preparing and
recommending for adoption by the County
Manager or designee, a Procurement
Manual for the implementation of this
Procurement Ordinance. The Procure-
ment Manual shall be maintained and
published online for the benefit of the
public.
5. Division Systems, Procedures and
Standards: The adoption of systems,
procedures, forms, standards, reporting
and evaluation tools related to: (a) the
effective development, negotiation and
administration of County contracts, and
(b) the evaluation of performance of
vendors doing business with Collier
County.
6. Non-Formal Contract Purchases: Review-
ing non-contract purchases not exceed-
ing $250,000, as defined in Section Nine,
to determine if an aggregated contract
approach may provide value and offer
pricing advantages to the County.
7. Sales Tax Exemption: Procuring items
for the County to exercise its tax exemp-
tion status when eligible.
8. Establishing and administering a Direct
Material Purchasing program that
includes processes and procedures to
encourage the implementation of such
savings programs and the application of
such related cost savings measures where
it is in the best interest of the County.
§ 2-191ADMINISTRATION
CD2:20.13Supp. No. 121
Additionally, develop and implement other
tax-saving and cost-saving strategies
related to purchasing and procurement.
9. Evaluate purchasing activities to enhance
sourcing, reduce costs, ensure supplier
compliance, and increase overall efficiency.
This involves analyzing data on supplier
performance, pricing, contract terms,
purchasing patterns, and market trends
to drive better decision-making and
strategic planning. This analysis provides
opportunities for cost savings, risk mitiga-
tion, and added value in the procurement
process.
10. Inquiry and Control: Full authority to:
a) Question the quality, quantity, and
kinds of items requisitioned in order
that the best interests of the County
are served.
b) Ensure the timely, proper and orderly
acquisition of services for various
County Departments/Divisions.
c) Ensure purchases are consistent with
the Procurement Ordinance, local,
state, and federal laws, and grants
or other funding sources, if
applicable.
d) Determine if the Board should
approve specific purchases prior to
the purchase.
e) Determine work assignment rota-
tion schemes when multiple
contracts are awarded for the same
service.
f) Question the effectiveness of contract
administration being performed by
the County Departments/Divisions
and provide training and counsel-
ing on proper contract administra-
tion methods.
g) Consolidate purchases of like or
common commodities or services and
enter into contracts to obtain
maximum cost savings while preserv-
ing County Department/Division
specification and needs.
h) Review and approve or disapprove
the composition of each evaluation
committee.
i) Verify funding sources and acquire
an account number for each purchase
before advertising a solicitation.
11. Records of Procurement activity shall be
maintained in compliance with Article I,
Section 24, Fla. Const. and Chapter 119,
Fla. Stat., "the Florida Public Records
Act."
12. Administer the County's Purchasing Card
program.
13. Administer the County's property disposal
process through auction sales, and other
means, and report that activity along
with any proceeds to both the County
Manager or designee, and the Board.
14. Advise the County Manager or designee
of misuse, inappropriate use, or purchas-
ing activities that are inconsistent with
the purpose and intent of the Procure-
ment Ordinance, Procurement Manual,
or applicable local, state, or federal law.
15. Use of Past Performance Data: In order
to promote the quality delivery of com-
modities and services, County Depart-
ments/Divisions shall record and consider
the past performance of vendors in the
awarding of contracts exceeding the formal
competition threshold. This objective shall
be accomplished as follows:
a) The Procurement Services Division
shall be responsible for each of the
following:
(i) Developing, implementing, and
maintaining administrative
procedures, instructions and
technologies necessary to col-
lect past vendor performance
data.
(ii) Ensuring that relevant past
performance data is properly
gathered and considered prior
to award of subsequent
contracts.
§ 2-191 COLLIER COUNTY CODE
CD2:20.14Supp. No. 121
b) County Departments/Divisions shall
be responsible for each of the follow-
ing:
(i) Conducting periodic
performance evaluations of
vendors under contract with
the County pursuant to the
procedures established by the
Procurement Services Division
Director or designee.
(ii) Considering the past
performance of vendors during
the evaluation of bids and
proposals pursuant to the
procedures established by the
Procurement Services Division
Director or designee.
(Ord. No. 2025-34, § 6)
Sec. 2-192. Ethical Standards.
1. Every employee and elected or appointed
official of Collier County has the responsibility to
maintain the confidence of the citizens of Collier
County by conducting the procurement process
in an ethical, fair and transparent manner.
Collier County employees shall act in good faith
to discharge their duties and avoid either the
intent or appearance of unethical practices in
procurement relationships, actions and com-
munications.
2. Any attempt by Collier County employees
or elected or appointed officials of Collier County
to realize personal gain from the procurement
process is a breach of public trust. All County
employees shall govern themselves in accordance
with the Standards of Conduct as set forth in
applicable Collier County Government Regula-
tions, to include the Collier County Ethics
Ordinance No. 2003-53 as amended, County
Manager Administrative Procedures (CMA) Code
of Ethics, and the Code of Ethics for Public
Officers and Employees, Chapter 112, Part III,
Fla. Stat.
3. Purchases shall not be artificially divided
or split so as to qualify under the established
competition thresholds of this Procurement
Ordinance.
4. A consultant who participates in the draft-
ing of a solicitation or scope or who develops a
program for future implementation that gives
rise to an actual conflict so as to unfairly benefit
that consultant to the disadvantage of any other
future firms that could competitively seek a
County contract related to such program or
project upon which the solicitation or scope is
based, and which conflict is not otherwise cur-
able, is not eligible to contract with the County
for any other contracts dealing with that specific
subject matter, and any firm in which such
person has any interest is not eligible to receive
such contract. However, this prohibition does not
prevent a vendor who responds to a request for
information from being eligible to contract with
the County.
5. Collier County requires each vendor who
seeks to do business with Collier County to
comply with the following ethical standards:
a) No vendor shall discuss or consult with
other vendors intending to compete for
the same or similar contract for the
purpose of bid rigging, collusion or other
activities that are illegal, unethical or
limiting competition.
b) Each vendor must certify that, to the
best of their knowledge or belief, no
elected/appointed official or employee of
Collier County, a spouse thereof or other
person residing in the same household, is
financially interested, directly or
indirectly, in providing the goods or
services specified in any submitted bid or
proposal. A financial interest is defined
as ownership of more than one percent
(1%) of the total assets or capital stock or
being an officer, director, manager, partner,
proprietor, or agent of the business submit-
ting the bid or proposal or of any
subcontractor or supplier thereof provid-
ing goods or services in excess of one
percent (1%) of the total bid or proposal
amount. Additionally, the vendor, on
company letterhead, must divulge at the
time of the submittal of a bid or proposal,
any relative, other than those already
specified, of an elected or appointed official
or employee of the County who has a
§ 2-192ADMINISTRATION
CD2:20.15Supp. No. 121
financial interest, in providing the goods
or services specified in the bid or proposal.
The County, at its sole discretion, will
determine whether a conflict exists and
whether to accept or reject the bid or
proposal.
c) No vendor shall submit false information
or intentionally submit misleading
information to Collier County. After the
advertisement of any solicitation, a "cone
of silence" is in effect such that no cur-
rent or prospective vendor or any person
acting on their behalf, shall lobby, contact,
communicate with or discuss any matter
relating to the solicitation with any Col-
lier County employee, selection commit-
tee member, advisory board member, or
elected or appointed official, other than
the Procurement Services Division Direc-
tor or designees. Any attempt by one of
the proposers to have direct or indirect
communication with a selection commit-
tee member outside of a committee formal
session must be avoided and reported to
the Procurement Services Division.
The cone of silence shall not apply to:
(i) Communications at any public
proceeding or meeting, including pre-
bid conferences, evaluation commit-
tee presentations or pre-award
meetings.
(ii) Communications during contract
negotiations between designated
County employees and the intended
vendor.
(iii) Communication with a vendor by a
Procurement Services Division
employee following a competitive
procurement opening to clarify the
vendor's response.
(iv) Communication following the filing
of a protest to a competitive procure-
ment between the protesting vendor
or the selected vendor and the
Procurement Services Division,
County Manager's Office, and County
Attorney's Office concerning the
protest.
(v) Purchases exempted and waived
from competitive procurement pursu-
ant to the Procurement Ordinance.
d) Lobby shall mean influencing or attempt-
ing to influence action or non-action and
attempting to obtain the goodwill of
persons relating to the selection, rank-
ing, or contract award in connection with
any solicitation through direct or indirect
oral or written communication. Any cur-
rent or prospective vendor that lobbies
any Collier County employee or elected
or appointed official while a solicitation
is open or being recommended for award:
(i) may be deemed ineligible for award of
that solicitation by the Procurement
Services Division Director, and (ii) will
be subject to Debarment Suspension as
outlined in Section Twenty-Six of this
Procurement Ordinance.
e) If a vendor becomes aware of a conflict of
interest, unethical behavior, or illegal
activity, they must promptly notify the
Procurement Services Division. Failure
to comply with this section shall be
deemed a violation of ethical standards
subject to administrative actions and
may be subject to civil, and/or criminal
penalties for ethical violations as described
below.
f) Employees who violate the ethics
standards described in this section shall
be subject to administrative disciplinary
action, following Collier County Govern-
ment Human Resources procedures and
guidelines, up to and including dismissal
from Collier County Government employ-
ment.
g) Vendors who violate the ethics standards
described in this section shall be subject
to debarment and suspension as provided
in Section Twenty-Six of this Procure-
ment Ordinance.
h) Vendors doing business with Collier
County shall comply with the provisions
of Sections 287.133, 287.135, 287.138,
448.095, and 908.111, Fla. Stat.
(Ord. No. 2025-34, § 7)
§ 2-192 COLLIER COUNTY CODE
CD2:20.16Supp. No. 121
Sec. 2-193. Small Purchases Threshold.
1. Small Purchases Threshold. $10,000 or
less.
2. Single Quote. Unless otherwise provided by
law, all small purchases will be obtained by a
single quote, with documentation, and generally
be processed using a purchase order, or a purchas-
ing card in accordance with Section Seventeen of
this Procurement Ordinance. County Department/
Division staff will procure the highest quality
items or services at the least expense to the
County.
3. County Department/Division staff should
make all reasonable efforts to purchase goods
and services under Board approved contracts. In
the event a contract is not utilized, staff will
procure the highest quality items or services at
the least expense to the County.
(Ord. No. 2025-34, § 8)
Sec. 2-194. Informal Competition
Threshold.
1. Informal Competition Threshold. Unless
otherwise provided by law, purchases in excess of
$10,000 but not greater than $250,000.
2. Request for Quotes (RFQ). County Depart-
ment/Division staff or Procurement Services Divi-
sion staff shall obtain at least three (3)
documented competitive quotes from responsible
and responsive bidders.
a) Competitive quotes between $10,000 and
$50,000 may be solicited in writing or
through the County's bidding platform.
b) Competitive quotes between $50,000 and
$250,000 shall be solicited through the
County's bidding platform, unless
otherwise approved by the Procurement
Director or designee.
3. Any resulting awards shall be to the
responsible and responsive bidder submitting
the lowest or best overall quote which meets all
specifications.
4. Final recommended award of any quote
will be reviewed and approved by the Procure-
ment Services Division Director or designee.
5. Only the Procurement Services Division
staff may issue a qualification-based quote.
6. In the event the County has an approved
contract available for utilization, County Depart-
ments/Divisions staff should make all reason-
able efforts to purchase goods and services under
the approved contract, unless staff demonstrates
that the price under contract exceeds the price
on a non-contract, staff will procure the highest
quality items or services at the least expense to
the County.
(Ord. No. 2025-34, § 9)
Sec. 2-195. Formal Competition
Threshold.
1. Formal Competition Threshold. Unless
otherwise provided by law, all purchases exceed-
ing $250,000 will be competitively procured by
Invitation to Bid (ITB), Invitation to Negotiate
(ITN), Invitation for Qualifications (IFQ), Request
for Professional Services (RPS) or Request for
Proposals (RFP) issued by the Procurement
Services Division Director or designee, and any
subsequent award shall be approved by the
Board.
2. Unless otherwise provided by law, the
minimum advertising period for all formal
competitive solicitation methods is thirty (30)
calendar days. The advertising period may be
modified by the Procurement Services Division
Director or designee, should unusual
circumstances require it. All advertising will
take place on the County's adopted bidding
platform, and the County may use additional
advertising platforms or publications as is deemed
necessary by the Procurement Services Division
Director or designee.
(Ord. No. 2025-34, § 10)
Sec. 2-196. Procurement Methods.
It is the intent of the Board that the threshold
for formal competitive solicitations set forth in
Section Ten include the methods below, as
administered under the supervision of the Procure-
ment Services Division Director or designee. The
Board shall award any resulting agreements or
contracts except where otherwise provided for in
this Procurement Ordinance or unless the Board
§ 2-196ADMINISTRATION
CD2:20.17Supp. No. 121
grants an exception. Collier County's procure-
ment methods may include, but are not limited
to, the following:
1. Invitations to Bid shall be issued by the
Procurement Services Division Director
or designee, with public announcement,
and shall be awarded to the responsive
and responsible bidder submitting the
lowest or best overall bid which meets all
specifications. A bid is the preferred
method of solicitation when price is the
principal consideration. Sealed bids will
be publicly opened and announced. Any
resulting contract shall be the prevailing
basis of award.
2. Invitation to Negotiate shall be issued by
the Procurement Services Division Direc-
tor or designee, with public announce-
ment and competition. An ITN is used
when it is determined beneficial to issue
a written solicitation for competitive
sealed replies to select one or more vendors
with which to conduct negotiations.
3. Invitation for Qualifications shall be
issued by the Procurement Services Divi-
sion Director or designee, when it is in
Collier County's best interest to limit
participation in the solicitation process
to those bidders, proposers or offerors
who demonstrate a capability to provide
the goods and services required by Col-
lier County or when qualifications are
the only criteria.
4. Request for Professional Services shall
be issued by the Procurement Services
Division Director or designee, to procure
the following:
a) Professional architectural, engineer-
ing, landscape architectural, or
surveying and mapping services in
accordance with the Consultants'
Competitive Negotiation Act (CCNA),
Section 287.055, Fla. Stat. An RPS
can be issued and awarded for either
a continuing contract or for a single
project contract as described in Sec-
tion 287.055, Fla. Stat.
b) An RPS may be used be in obtaining
design contracts, design-build agree-
ments, and construction manager
at risk agreements pursuant to Sec-
tion 255.103, Fla. Stat., as
applicable.
c) When selecting an auditor to conduct
the annual financial audit, the
County shall follow Section 218.391,
Fla. Stat.
5. Request for Proposals shall be issued by
the Procurement Services Division Direc-
tor or designee with public announce-
ment and competition. Any resulting
contract shall be awarded to the
responsive and responsible proposer
submitting the best proposal according
to the criteria set forth in the solicita-
tion. An RFP is the preferred method of
solicitation when multiple factors are
considered for the basis of award, and
price may or may not be the prevailing
factor.
6. Collier County shall competitively award
construction contracts pursuant to Sec-
tion 255.20, Fla. Stat., when applicable,
in addition to the procurement methods
authorized elsewhere in this Procure-
ment Ordinance and other applicable
law.
7. Consolidated Joint Purchasing. The
Procurement Services Division Director
or designee shall have the authority to
join with other government entities and
consortiums in cooperative purchasing
ventures when in the best interest of
Collier County. Solicitations shall be
issued by the Procurement Services Divi-
sion Director or designee, with public
announcement and competition. Any
resulting contract shall be awarded to
the responsive and responsible proposer
submitting the best proposal according
to the criteria set forth in the solicita-
tion.
8. A summary of the procurement thresholds
and the required approval authority are
provided below:
§ 2-196 COLLIER COUNTY CODE
CD2:20.18Supp. No. 121
Name of
Competition
Competition
Threshold
Minimum
Procurement
Method
Type of
Contract Issuing Party Approval
Authority
Small Purchases
Single Quote
$10,000 or less Single Quote
Purchase Order
or P-Card
County Depart-
ments/Divisions
Procurement
Division Director
or designee
Informal
Competition
Request for
Quotes
Exceeding
$10,000 but not
greater than
$250,000
$10,000—$50,000
Three written
quotes either in
writing or
County's bidding
platform
$50,000—
$250,000
Three quotes
through County's
bidding platform
P-Card,
Purchase Order
or Contract
County Depart-
ments/Divisions
Procurement
Division Director
or designee
Formal
Competition
Exceeding
$250,000
ITB, RFP, RPS,
ITN, and IFQ
P-Card,
Purchase Order
or Contract
Procurement
Services Division
Director or
designee
Board approval
required for
awards over
$250,000
Unless otherwise provided by statutes, all County non-exempt procurements must be made in
accordance with the chart above. Alternative Procurement Methods in Section Twelve may be used
instead of the method identified above, when applicable. A purchase shall not be artificially divided or
split so as to qualify under any other section of this Procurement Ordinance.
(Ord. No. 2025-34, § 11)
Sec. 2-197. Alternative Procurement
Methods.
1. Emergency Procurements as defined in Sec-
tion Four of the Procurement Ordinance may be
used in the event of an unexpected and urgent
need where health and safety or the conserva-
tion of public resources is at risk, or during
Board absences (all efforts should be made to
obtain Board approval prior to anticipated
recesses), using such competition as is practical
under the circumstances, as follows:
a) Following a declaration of the existence
of an emergency situation by the County,
the Board or their designee may declare
the existence of an Emergency Procure-
ment condition and may suspend any or
all of the provisions of this section and
authorize an Emergency Procurement.
b) The Collier County Manager or designee,
on a case-by-case basis, may approve an
Emergency Procurement based upon the
Procurement Services Division Director's
or designee's good faith review of the
available sources that may timely respond
to the urgent need for goods and services
and the documentation of the emergency
conditions related to that purchase. The
emergency purchase may be made upon
written determination and approval of
the Collier County Manager or designee.
The Collier County Manager or designee
will report all such Emergency Procure-
ments to the Board at the next available
Board meeting.
c) This section in no way constrains the
provisions of Collier County's Civil
Emergency powers and authority pursu-
ant to Chapter 252, Fla. Stat., Emergency
Management.
2. Exemptions to the Competitive Process. The
following categories of procurements may be
eligible for exemption from the competitive process
based upon the determination of the Procure-
ment Services Division Director or designee and
approval of such an exemption is in the best
interest of the County. The Board shall approve
§ 2-197ADMINISTRATION
CD2:20.19Supp. No. 121
the expenditures for Exemptions of Competition
with a value more than the Formal Competition
Threshold.
a) Purchases from another government
agency (including, but not limited to,
registrations, permits, postage, goods, or
services) or from a nonprofit organiza-
tion authorized to do business in the
State of Florida.
b) Educational or academic programs, includ-
ing educational or recreational field trip
instructors, trainers, facilitators, profes-
sional advisors and speakers, and fees
and costs of job-related seminars and
training.
c) Dues and memberships in trade or profes-
sional organizations, including registra-
tion fees for trade or career fairs.
d) Subscriptions for periodicals, newspapers,
books, electronic information, media,
maps, pamphlets and similar material in
printed or electronic form.
e) Advertisements.
f) Entertainment services for County-
sponsored events, including artists, music
ensembles (bands) and other entertain-
ment providers.
g) Works of art for public display.
h) Products or services necessary to maintain
existing warranties and licenses or to
maintain compatibility with existing Col-
lier County systems.
i) Repairs based upon shop estimates for
equipment that has been disassembled.
j) Utility Services: telecommunications,
water, sewer, electric, gas, or other
regulated utility, communications and
data transmission services subject to
government rate control.
k) Personnel services and recruitment
services.
l) Health and social services, including
substance abuse and mental health treat-
ment, medical examiner services, burials
and indigent patient services, and medica-
tions for the treatment of humans or
animals.
m) Cybersecurity related items: 1. Insur-
ance or other risk mitigation coverage
acquired for the protection of informa-
tion technology systems, operational
technology systems, or data. 2. Critical
infrastructure. 3. Cybersecurity incidents.
4. Network schematics, hardware and
software configurations, or encryption
information or information that identi-
fies detection, investigation, or response
practices for suspected or confirmed cyber-
security incidents, including suspected
or confirmed breaches, if the disclosure
of such purchase information would
facilitate unauthorized access to or
unauthorized modification, disclosure, or
destruction of: data or information,
whether physical or virtual; or informa-
tion technology resources, which include
an agency's existing or proposed informa-
tion technology systems.
n) All purchases related to the sale, lease,
or other use of real property, including
appraisals and title insurance, except as
required by other applicable law.
o) Direct Purchase Orders issued when it is
in the best interest of Collier County.
Collier County may make direct purchases
of goods and services when the County
can procure these items at a lower cost
and/or realize a tax or delivery savings.
p) Lobbying services.
q) Financial Instruments: professional
services required for the issuance of Col-
lier County debt, debt service and Collier
County investments related thereto,
including the selection of investment
bankers for Collier County's Underwrit-
ing Pool and the selection of Collier
County's Financial Advisor.
r) Services for management studies, execu-
tive analysis and related matters as
directed by the Board.
§ 2-197 COLLIER COUNTY CODE
CD2:20.20Supp. No. 121
s) Goods or services purchased from grants,
gifts, bequests or donations to the extent
the application of this Ordinance would
conflict with the requirements, condi-
tions, or limitations attached to the grant,
gift, bequest, or donation.
t) Permits required by federal or State law.
u) Requests for outside legal services will
be consistent with both this Ordinance
and the County Attorney's Ordinance
(Ord. No. 2013-34), as amended. The
retention of legal services from experts
or consultants for purposes of preparing
for or defending against imminent or
pending litigation or administrative
proceedings shall be exempt from all
competitive requirements of this
Ordinance and must first be approved by
the Board. Legal services include but are
not limited to retaining the services of
law firms or other outside counsel for any
reason, expert witnesses, court reporter
services, appraisal services, trial
consultants or similar persons or firms
deemed by the Collier County Attorney
as necessary to address the legal needs of
Collier County, together with document
management and production, legal
research, and information technology
products and services.
v) Where specified by general law, ordinance
or Board policies, any purchase governed
by explicit provisions of general law or
other Collier County ordinance or Board
policies (resolution) unless the solicita-
tion indicates the applicability of this
Ordinance, and this Ordinance shall apply
only to the extent set out in the solicita-
tion.
3. Waiver to the Competitive Process. Single
Source procurements may be eligible for the
waiver to the competitive process based upon the
determination of the Procurement Services Divi-
sion Director or designee that approval of such a
waiver is in the best interest of the County.
Single Source procurements are defined as com-
modities or contractual services that are avail-
able only from a single source or the use of such
source is both economically and operationally in
the County's best interest. The Board shall
approve the expenditure for Waivers of Competi-
tion with a value more than the Formal Competi-
tion Threshold.
4. Cooperative Purchasing and Piggybacking.
The Procurement Services Division Director or
designee shall annually bring forward to the
Board a list of recommended cooperatives for
consideration. The Procurement Services Divi-
sion Director or designee may approve purchases
using these approved cooperative organizations,
agreements, and contracts, with no further action
required by the Board providing that funds have
been budgeted for these specific purposes. The
Procurement Services Division Director or
designee may join other public agencies in
Cooperative Purchasing organizations and/or
agreements if is determined to be in the County's
best interest, and if the consortium agreement
has not had prior Board approval. The use of any
new cooperative agreement must be approved by
the Board prior to the use of the agreement.
a) Cooperative Purchasing: The Procure-
ment Services Division Director or
designee shall have the authority to
procure goods or services from the Board
approved nationally or state recognized
cooperative purchasing program.
b) Piggybacking: The Procurement Services
Division Director or designee shall have
the authority to procure goods or services
from vendors who have been selected, as
a result of a competitive selection process
for a federal, state or municipal govern-
ment, or any other governmental agency,
political subdivision, or government-
related association, provided that the
originating entity utilized a competitive
process similar to Collier County's.
i. The solicitation process must be
substantially equivalent to the
process used by the County.
ii. The contract must be active (not
expired) and possible to be completed
within the term of the underlying
contract.
§ 2-197ADMINISTRATION
CD2:20.21Supp. No. 121
iii. The products or services needed must
be specifically identified within the
scope of the contract.
iv. The vendor must agree to extend
the contract terms and pricing to
the County.
v. Contracts for the professional
services identified in Section 287.055,
Fla. Stat., may not be piggybacked.
5. Standardization. Where standardization is
determined to be desirable by the Board, the
purchase of commodities may be negotiated
directly with a particular vendor with the advance
approval of such purchase by the Board.
Standardization may be the result of a formal
evaluation process facilitated by the Procure-
ment Services Division or the recognition of the
historical use of a product as determined by the
Procurement Services Division.
(Ord. No. 2025-34, § 12)
Sec. 2-198. Formal Competitive Awards.
1. Competitive Procurement Bids/Proposals.
a) Responses to all competitive procure-
ments must be submitted to the Procure-
ment Services Division through the
prescribed bidding platform and as
instructed in the solicitation document,
no later than the date and time designated
therein.
b) All competitive procurement responses
shall be opened in public at the time and
place stated in the public notice with at
least one witness present.
c) The purpose of the opening is to record
the responses received and to ensure
that the responses are in compliance
with the basic requirements of the
competitive procurement. Responses are
not analyzed for quality or substance at
the opening. A recording of all responses
received shall be available for public
inspection in accordance with Florida
law.
d) The Procurement Services Division Direc-
tor or designee shall have the authority
to review all submittals in response to a
County solicitation and to review these
submittals for responsiveness, responsibil-
ity, price and other factors in making a
determination for a recommendation of
award.
2. Reserved Rights.
a) The Procurement Services Division Direc-
tor or designee may, after opening, request
additional information or clarification by
the offeror.
b) The Procurement Services Division Direc-
tor or designee may waive or accept
minor irregularities and technicalities,
request additional information or clarifica-
tions in a response and allow correction
thereof when such actions are deemed to
be in the best interest of the County and
do not conflict with the basic principles
of fair and open competition.
3. Rejection and Cancellations.
a) The Procurement Services Division Direc-
tor or designee shall have the authority
to reject any and all responses and cancel
any solicitation, including recommenda-
tion of awards, at any time through the
approval of the contract by the Board.
b) The Board also retains the authority to
make a future finding, to reject any and
all responses for any or no reason and
waive or accept minor irregularities and
technicalities, request additional informa-
tion or clarifications, and allow correc-
tion thereof, when such actions are deemed
to be in the best interest of the County
and do not conflict with the basic
principles of fair and open competition.
c) The County shall not be responsible for
any costs incurred by offerors in the case
of rejection or non-award.
4. Negotiations.
a) If none or only one responsive and
responsible bid or proposal is received
following any solicitation, the Procure-
ment Services Division Director or
designee reserves the right to reject all
bids, proposals or offers and to negotiate
§ 2-197 COLLIER COUNTY CODE
CD2:20.22Supp. No. 121
with any responsible providers to secure
the best terms and conditions in the sole
interest of the County unless otherwise
provided by law.
b) If the lowest responsive bid exceeds the
budgeted amount, and if the purchase is
not funded in whole or in part with
interagency grant dollars, the Procure-
ment Services Division Director or
designee may negotiate changes with the
apparent lowest responsible and
responsive bidder that will bring prices
into budgeted limits, subject to the final
approval and acceptance of the Board. If
the budgeted amount includes grant funds,
the Procurement Services Division Direc-
tor or designee shall be authorized to
conduct such negotiations, provided said
actions are not prohibited by law or the
grant conditions.
5. Inspection and Testing. The Procurement
Services Division Director or designee shall
inspect, or supervise the inspection of, or cause
to be inspected, all deliveries of commodities or
services, to determine their conformance with
the specifications set forth in an order or contract.
a) Inspection by County Departments/Divi-
sions: The Procurement Services Divi-
sion Director or designee shall authorize
County Departments/Divisions to inspect,
prior to use, all deliveries made to such
County Departments/Divisions under
rules and regulations which the Procure-
ment Services Division Director or
designee shall prescribe.
b) Testing: The Procurement Services Divi-
sion Director or designee shall have the
authority to require chemical and physi-
cal tests of samples submitted with bids
and samples of deliveries which are neces-
sary to determine their quality and
conformance with specifications. In
performing such tests, the Procurement
Services Division Director or designee
shall have the authority to use labora-
tory facilities of any Agency of the County
or of any contracted outside laboratory.
6. Awards.
a) Once a vendor has been selected in
accordance with this Ordinance, the
Procurement Services Division Director
or designee shall prepare and post a
notice of recommended award.
b) The time period for a procurement protest,
as outlined in Section Twenty-Four, shall
begin upon posting of the notice of recom-
mended award and is only applicable to
solicitations resulting from Formal
Competition.
c) After the protest period in Section Twenty-
Four has expired, the procurement shall
be awarded with reasonable promptness.
All procurements will be formalized by
entering into either a contract with the
awarded vendor or issuing a purchase
order to the awarded vendor, unless
otherwise authorized by the Board.
(Ord. No. 2025-34, § 13)
Sec. 2-199. Unsolicited Proposals.
1. The Board incorporates by reference Sec-
tion 255.065, Fla. Stat. as may be amended from
time to time, which addresses the procurement
of services for qualifying projects through public-
private partnerships, including through an offer
of an unsolicited proposal.
2. The Board shall by separate Resolution
establish all application fees referenced under
Section 255.065, Fla. Stat. that a private entity
must pay concurrent with the submission of an
unsolicited proposal. Payment shall be made by
cash, cashier's check, or some other non-
cancellable instrument. Personal checks shall
not be accepted.
3. To the extent that the cost to evaluate an
unsolicited proposal is more than the initial
application fee adopted by Resolution, the County
may request payment of any additional amounts
required to conduct its review as provided in
Section 255.065, Fla. Stat.
4. If the costs of processing, reviewing, and
evaluating attorney fees, financial or technical
adviser fees, or other consultant fees required to
properly evaluate an unsolicited proposal exceed
§ 2-199ADMINISTRATION
CD2:20.23Supp. No. 121
the base application fee, then the Procurement
Services Division Director or designee is
authorized to charge a supplemental fee as long
as no such supplemental fee exceeds an additional
$10,000 without further authorization from the
Board.
(Ord. No. 2025-34, § 14)
Sec. 2-200. Small and Disadvantaged
Minority and Women Business
Enterprises.
1. Policy Statement: Collier County stands
committed to providing equal opportunities to
small businesses and disadvantaged business
enterprises (DBEs), minority business enterprises
(MBEs), and women business enterprises (WBEs),
as well as to all vendors, consultants, contractors
and subcontractors who seek to do business with
the County. Pursuant to this policy, Collier County
encourages its vendors, consultants, contractors
and subcontractors to provide qualified small
businesses and DBEs with an equal opportunity
to participate in the formal competition processes
for the procurement of commodities and services
by the County.
This policy is not intended to require or to
allow partiality toward or discrimination against
any small business or DBE, MBE. WBE, or any
other vendor, consultant, contractor or subcontrac-
tor on the basis of gender, race or national origin,
or other such factors, but rather to create an
opportunity for small businesses and DBEs,
MBEs, WBEs, and all qualified vendors,
consultants, contractors and subcontractors to
participate in the County's formal competitive
processes. Nothing in this policy shall be construed
to provide for or require any preference or set-
aside based on gender, race, national origin, or
any other such factor.
2. Implementing Measures: In an effort to
implement this policy, the County may undertake
the following measures:
a) Designate the Procurement Services Divi-
sion Director or designee to administer
this policy.
b) Utilize outreach programs to identify,
register and educate small businesses
and DBEs, MBEs and WBEs to participate
in the procurement/contract process which
may include:
i. Attending trade fairs which include
representatives from these
enterprises.
ii. Attending meetings and social events
wherein these enterprises are pres-
ent.
iii. Utilizing publications aimed at
reaching these enterprises.
iv. Utilizing purchasing directories and
other reference sources that list these
enterprises.
v. Publicizing this policy to encourage
these enterprises to participate in
the County's procurement process.
vi. Other actions designed to identify
opportunities for these enterprises
who seek to provide commodities
and services to the County.
c) Maintain a list of these enterprises.
d) Disseminate information regarding
competitive opportunities with the County
in order to allow qualified small busi-
nesses and DBEs, MBEs and WBEs to
participate in the County's procurement
process.
3. Conformity with Applicable Law: The provi-
sions of this section shall be construed in
conformity with applicable state and federal law.
To the extent that state law conflicts with federal
law, federal law shall supersede such state law.
(Ord. No. 2025-34, § 15)
Sec. 2-201. Local Vendor Preference.
Except where otherwise provided by federal or
state law or other funding source restrictions or
as otherwise set forth in this Procurement
Ordinance, purchases of commodities and services
shall give preference to local businesses and
§ 2-199 COLLIER COUNTY CODE
CD2:20.24Supp. No. 121
establishes this Local Vendor Preference policy
for formal competitive procurements pursuant to
this section as follows:
1. For purposes of this section, a local vendor
must satisfy each of the following require-
ments:
a) A physical business address in Col-
lier County with a County business
address as listed with the Florida
Department of State, Division of
Corporations located within the
limits of Collier County from which
the vendor's staff operates and
performs business in an area zoned
for the conduct of such business. A
post office box or a facility that
receives mail, or a non-permanent
structure such as a construction
trailer, storage shed, or other non-
permanent structure shall not be
used to establish the physical
address. In addition to the forego-
ing, a vendor shall not be considered
a "local business " unless it
contributes to the economic develop-
ment and well-being of Collier
County in a verifiable and measur-
able way. This may include, but not
be limited to, the retention and
expansion of employment opportuni-
ties, support and increase to the
County's tax base, and residency of
employees and principals of the busi-
ness within Collier County. Vendors
shall affirm in writing their compli-
ance with the foregoing at the time
of submitting their bid or proposal
to be eligible for consideration as a
"local business" under this section.
A vendor who misrepresents the
Local Preference status of its firm
in a proposal or bid submitted to the
County will lose the privilege to
claim Local Preference status for a
period of up to one year; and
b) A current local Business Tax Receipt
(also known as an Occupational
License) issued by the Collier County
Tax Collector prior to bid or proposal
submission.
2. A vendor must be able to demonstrate its
qualification for the local preference at
the time a bid or proposal is submitted,
including any supporting documentation
needed to verify the above requirements.
Any bidder/proposer who fails to submit
sufficient documentation with their bid/
proposal offer shall not be granted local
preference consideration for the purposes
of that specific contract award.
3. Qualified local vendors will be awarded a
preference as follows:
a) For an Invitation to Bid, if an award
would otherwise go to a non-local
bidder, but a qualified local vendor
is within ten (10) percent of the
lowest non-local bid submitted by
the non-local business, then the local
business with the apparent lowest
bid offer (i.e., the lowest local bidder)
shall have the opportunity to submit
an offer to match the price(s), less
one (1) dollar, offered by the overall
lowest, responsible and responsive
bidder.
b) In such instances, staff shall first
verify if the lowest non-local bidder
and the lowest local bidder are in
fact responsible and responsive bid-
ders. Next, the Procurement Services
Division shall determine if the lowest
local bidder meets the requirements
of Section 287.087, Fla. Stat. The
Procurement Services Division shall
invite the lowest local bidder to
submit a matching offer, less one (1)
dollar, within five (5) business days,
excluding weekends and County
holidays, thereafter. If the lowest
local bidder submits an offer that
fully matches the lowest bid, less
one (1) dollar, from the lowest non-
local bidder tendered previously, then
award shall be made to the lowest
local bidder.
§ 2-201ADMINISTRATION
CD2:20.25Supp. No. 121
c) If the lowest local bidder declines, is
unable to match the lowest non-
local bid price(s), or does not meet
the requirements of Section 287.087,
Fla. Stat., then award will be made
to the lowest overall responsible
and responsive bidder.
d) In request for proposals, qualifica-
tions or other submittals and
competitive negotiation and selec-
tion and negotiation methods not
otherwise exempt from this local
preference section, the solicitation
shall include a weighted criterion
for local preference that equals ten
(10) percent of the total points in
the evaluation criteria published in
the solicitation.
e) Should a tie bid occur between a
non-local bidder and a local bidder,
the County shall award the contract
to the local bidder. Should a tie bid
occur between two local bidders, the
Procurement Services Division Direc-
tor or designee will "flip a coin"
between the two lowest local bid-
ders or draw lots with a minimum
of three witnesses when there is a
tie among more than two local bid-
ders. The winner will be recom-
mended for award of the contract.
4. The County's local vendor preference, as
it relates to bidding preferences for local
vendors, is not applicable to solicitations
or contracts when commodities and/or
services may be provided in the event of
an emergency.
5. The County's local vendor preference shall
not apply in any procurement if the
terms of a grant or funding agreement or
other prevailing law or policy prohibit
the use of the local vendor preference.
6. The County's local vendor preference shall
not be utilized with respect to any competi-
tive solicitation for construction services,
as defined in Section 255.072(2), Florida
Statutes, or public works projects as
defined in Section 255.0992(1)(b), Florida
Statutes, in which any amount of the cost
will be paid from state-appropriated funds
at the time of the competitive solicita-
tion, or where otherwise limited by law
as provided in Section 255.0991(2).
7. Purchases of professional services as
defined and subject to Section 287.055,
Fla. Stat. and audit and accounting
services subject to Section 218.391, Fla.
Stat. shall not be subject to this local
preference section.
8. Waiver of the application of local prefer-
ence. The application of Local Preference
to a particular purchase or contract may
be waived upon approval of the Board, or
as identified where exempt from the
competitive process.
9. Comparison of qualifications. The prefer-
ences established herein in no way
prohibit the right to compare quality of
materials proposed for purchase and
compare qualifications, character,
responsibility and fitness of all persons,
firms or corporations submitting bids or
proposals. Further, the preferences
established herein in no way prohibit the
right of the Board from giving any other
preference permitted by law instead of
the preferences granted herein.
10. Reciprocity. If Lee County or any other
Florida county or municipality ("local
government") that the Board finds
appropriate grants preferences to local
businesses, Collier County may establish
an interlocal agreement with that local
government. This agreement would allow
the preferences outlined in this section to
apply to vendors who possess a valid
business tax license issued by that specific
local government, permitting them to
offer the commodities and services being
procured. Additionally, these vendors must
have a physical business address
registered with the Florida Department
of State, Division of Corporations, within
the jurisdiction of that local government.
In no event shall the amount of the
preference accorded to other local govern-
§ 2-201 COLLIER COUNTY CODE
CD2:20.26Supp. No. 121
ment firms exceed the amount of prefer-
ence that such local government extends
to Collier County firms competing for its
contracts.
11. Purview of this Local Preference Policy.
This policy shall apply to all County
Departments/Divisions subject to this
Ordinance. For purchases under the
informal competitive threshold the
Procurement Services Division encour-
ages County Departments/Divisions to
include local vendors when soliciting
quotations in accordance with this sec-
tion.
(Ord. No. 2025-34, § 16)
Sec. 2-202. Purchasing Card Program.
The Procurement Services Division Director
or designee shall be responsible for the overall
management and operation of the County's
Purchasing Card program in conformance with
the P-Card Manual.
1. The purchasing card is an authorized
method of payment for the purchase of
goods and services. For the purpose of
this Procurement Ordinance, a purchas-
ing card is a credit card officially assigned
to specific employees or individuals
authorized by the County Manager or
designee.
2. The use of the purchasing card does not
eliminate the obligation of the County
Departments/Divisions to obtain quotes,
consistent with thresholds established in
this Ordinance or complying with other
provisions of this Procurement Ordinance.
3. The Procurement Services Division Direc-
tor or designee shall be authorized to
assign cards to employees for these
purchases.
4. The County Manager or designee shall
be responsible for establishing the limits
for single transactions and monthly spend-
ing limits as set forth in the Purchasing
Card Manual.
5. The Procurement Services Division Direc-
tor or designee may temporarily increase
the limits per card.
6. Strategic Purchases: The Procurement
Services Division Director or designee
may utilize (or delegate the authority to
other Agency staff to utilize) a Purchas-
ing Card to place orders that exceed the
limits by the County Manager or designee,
in instances where one or more of the
following is true:
a) Where the purchase is to address a
valid public emergency; or
b) Where the County will earn revenue
through card program rebates; or
c) Where a vendor is requiring the
County to order by purchasing card;
or
d) If beneficial to the County in
accordance with the County's poli-
cies and procedures.
7. Sales Tax Compliance: Pursuant to Sec-
tion 212.08(6), Fla. Stat., County
purchases transacted with vendors within
the State of Florida are exempt from the
State sales and use tax. In such instances,
it is the responsibility of the cardholder
to provide the vendor with the appropri-
ate tax exemption information when the
card is presented to the vendor. In the
event that the cardholder fails to provide
the vendor with the appropriate tax
exemption information when the card is
presented, the cardholder may be
responsible for payment of the tax.
It is the position of the Board that it is
not cost effective or in the public interest
to require a cardholder to seek a credit
for sales tax collected when the total sale
does not exceed $300. If the total sale
exceeds $300. the cardholder's Director
is responsible for ensuring the tax is
returned to the County for the purchase.
8. All fixed assets purchased using a
purchasing card shall be properly reported
§ 2-202ADMINISTRATION
CD2:20.27Supp. No. 121
to the Fixed Assets Section of the Clerk
of the Circuit Court's Finance Division so
that it can be properly recorded.
9. In all such instances, the Procurement
Services Division Director or designee
shall ensure that the purchase has been
approved subject to all other provisions
of this Procurement Ordinance.
(Ord. No. 2025-34, § 17)
Sec. 2-203. Advanced Payments for Goods
and Services.
1. The procedures for the pre-payment of
goods and services with County funds including,
but not limited to, dues and membership, insur-
ance, maintenance agreements, subscriptions,
travel arrangements, postage, and other purchases
shall be as prescribed by the Department of
Financial Services through its Administrative
Rules as provided for in Section 28.235, Fla.
Stat. The Clerk of the Circuit Court is authorized
to make advanced payments on behalf of the
County for goods and services based on those
established procedures, unless otherwise
authorized by law.
2. The Board may review and approve requests
for advanced payment above the Formal Competi-
tion threshold. The criteria for approval may
include:
a) Advance payment will result in a savings
to the County.
b) The goods or services are only available
if the advance payment is made.
3. Advanced payments may be made for other
goods and services up to the Formal Competition
threshold, if approved in advance by both the
Procurement Services Division Director or
designee and the Clerk of the Circuit Court
Accounts Payable.
(Ord. No. 2025-34, § 18)
Sec. 2-204. Payment of Invoices.
1. Agencies under the purview of the Board
shall be in compliance with Section 218.70, Fla.
Stat., otherwise known as the "Local Govern-
ment Prompt Payment Act." Pursuant to this,
the requirements of this section shall apply to
the following transactions:
a) The purchase of commodities and services.
b) The purchase or lease of personal property.
c) The lease of real property.
d) Direct Material Purchases.
e) Construction Services.
f) On good cause shown, the Board shall
have the authority to waive any and all
irregularities with respect to the pay-
ment of invoices submitted in good faith
for work ordered and performed for the
County, where payment reflects the fair
value of services performed or goods
received.
2. The Board approves the County Manager
or designee to authorize minor payment vari-
ances between the Purchase Order and invoice
where warranted. The authority to pay such
variances shall not exceed 5% of the Purchase
Order amount or $500, whichever is less.
3. The County Manager or designee shall
establish and maintain a process to address
freight and delivery charges not in compliance
with FOB destination terms contained in the
County General Terms and Conditions.
4. It shall be the responsibility of the County
Manager or designee, in consultation with the
Clerk's Finance Director and County Depart-
ments/Divisions, to establish procedures for the
timely payment of all transactions as defined
herein. Such procedures shall include, but are
not limited to, the following:
a) Formally defining the County's require-
ments for the content and submission of
a proper invoice, codifying the County's
payment requirements and notifying each
vendor of their availability.
b) Steps required for the receipt of all
invoices and the prompt return of
improper invoices.
c) Steps required for the resolution of pay-
ment disputes between the County and a
vendor.
§ 2-202 COLLIER COUNTY CODE
CD2:20.28Supp. No. 121
5. Vendor Payment Dispute Resolution Process.
The purpose of this section is to establish a
procedure whereby payment disputes with vendors
who provide goods and services to the County are
resolved in a timely manner and in keeping with
the Local Government Prompt Payment Act.
a) Definitions. The definitions set forth in
the Local Government Prompt Payment
Act (Section 218.72, Fla. Stat.) are hereby
incorporated by reference.
b) If an improper payment request or invoice
is submitted by a vendor, the County
shall, within ten (10) calendar days after
the improper payment request or invoice
is received, notify the vendor, in writing,
that the payment request or invoice is
improper and indicate what corrective
action on the part of the vendor is needed
to make the payment request or invoice
proper. The County shall make pay-
ments for the purchase of goods or services
other than construction services within
forty-five (45) calendar days after the
date specified in Section 218.73, Fla.
Stat., and for the purchase of construc-
tion services as specified in Section
218.735, Fla. Stat.
c) Non-Construction Services Dispute Resolu-
tion Process. If the parties are unable to
reach resolution on the payment dispute,
the County Manager or designee, shall
appoint a Hearing Officer, to whom the
matter will be referred to. The Hearing
Officer shall have the sole and full author-
ity to thereafter resolve the dispute. The
proceedings before the Hearing Officer to
resolve the dispute shall commence within
forty-five (45) calendar days after the
date the payment request or improper
invoice was received by the County and
shall be concluded with final written
decision by the Hearing Officer within
sixty (60) calendar days after the date
the payment request or improper invoice
was received by the County. These
proceedings are not subject to Chapter
120, Fla. Stat., and do not constitute an
administrative hearing. Rather, these
proceedings are intended to be quasi-
judicial, open to the public, with the
written decision of the Hearing Officer
being final, subject only to certiorari
review. If the dispute is resolved in favor
of the County, interest charges shall begin
to accrue fifteen (15) calendar days after
the Hearing Officer's final decision. If
the dispute is resolved in favor of the
vendor, interest begins to accrue as of the
original date the payment became due.
i) If the County does not timely com-
mence this dispute resolution process
within the time required, a contrac-
tor may give written notice to the
County of the failure to timely com-
mence this dispute resolution
procedure. If the County fails to
commence this dispute resolution
procedure within four (4) business
days, excluding weekends and
County holidays, after such notice,
any amounts resolved in the vendor's
favor shall bear mandatory inter-
est, as set forth in Chapter 218, Fla.
Stat. from the date the payment
request or invoice containing the
disputed amounts was submitted to
the County. If the dispute resolu-
tion procedure does not commence
within four (4) business days, exclud-
ing weekends and County holidays,
after the notice, the objection to the
payment request or invoice shall be
deemed waived. The waiver of an
objection pursuant to this paragraph
does not relieve a Contractor of its
contractual obligations.
ii) In an action to recover amounts due
under this part, the court shall award
court costs and reasonable attorney's
fees, including fees incurred through
appeal, to the prevailing party.
iii) When good cause is shown, the Board
may waive any and all irregulari-
ties with respect to the payment of
invoices submitted in good faith for
work ordered by and performed for
§ 2-204ADMINISTRATION
CD2:20.29Supp. No. 121
the County, and where payment
reflects the fair value of services
performed or goods received.
d) Construction Services Disputes Resolu-
tion Process. The disputes must be
resolved in accordance with the dispute
resolution process prescribed in the
construction contract. If no dispute resolu-
tion process is prescribed in the construc-
tion contract, then the above Non-
Construction Dispute Resolution Process
shall govern.
6. Contract Claims. All actual or prospective
claims arising against the County from contrac-
tors, vendors, or any other party in direct privity
with the County to provide goods or services
shall first be directly addressed by the parties'
administrative representatives in a manner
consistent with the agreement between the par-
ties and in accordance with the County's adopted
procedures, and applicable State and federal law.
For any prospective or actual claims or disputes
arising under any contract entered into by the
County, the Procurement Services Division Direc-
tor or designee must determine the facts of the
dispute. All contract claims should follow the
County's Vendor Payment Dispute Resolution
Process outlined above.
(Ord. No. 2025-34, § 19)
Sec. 2-205. Contract Administration.
1. Contract Document. Every procurement of
contractual services or commodities shall be
evidenced by a written document containing all
provisions and conditions of the procurement.
The document shall include, but not be limited
to:
a) Payments to contractors, vendors,
consultants: Prior to the execution of a
formal contract subject to this Procure-
ment Ordinance, a formal payment
schedule and payment terms shall be
established within the agreement. Such
terms and conditions shall be consistent
with the requirements of all applicable
laws and the formal solicitation docu-
ments.
b) A listing of the scope of services to be
performed or commodities to be purchased.
c) A provision specifying the terms of
termination by the County and where
applicable, a provision specifying the
terms of renewal, which may include
price adjustments.
d) Where applicable, a provision establish-
ing the appropriate types and levels of
insurance to be carried out by the vendor.
The provision shall be employed in a
manner consistent with minimum insur-
ance standards approved by the Board.
e) A provision regarding indemnification of
the County.
f) A provision requiring compliance with
all applicable federal laws and Florida
Statutes, including but not limited to
Sections 287.133, 287.135, 287.138,
448.095, and 908.111, Fla. Stat.
A purchase order that embodies these
provisions shall be sufficient documenta-
tion of the procurement. Except as
otherwise provided in this Procurement
Ordinance, the Procurement Services Divi-
sion Director or designee shall determine
the circumstances under which a Board
approved purchase order (and all docu-
ments included by reference) shall serve
as the contract document.
2. Contract Approval.
a) All contracts for commodities and services
exceeding Section Ten, Formal Competi-
tion Threshold, shall be authorized by
the Board. Once approved, subsequent
purchase orders referencing those Board
approved contracts may be issued by the
Procurement Services Division Director
or designee.
b) Contracts below Section Ten. Formal
Competition Threshold, shall be subject
to the review and approval by the Procure-
ment Services Division Director or
designee. Once approved, subsequent
purchase orders may be issued by the
Procurement Services Division Director
or designee.
§ 2-204 COLLIER COUNTY CODE
CD2:20.30Supp. No. 121
3. All contracts, including terms and condi-
tions, shall be subject to the review and approval
by the County Attorney's Office.
4. Contract Administrative Agent/Project
Manager: Every procurement of services shall be
administered by the requesting Agency/Depart-
ments/Divisions.
5. Change Orders and Amendments:
a) Change orders and amendments that
increase the total contract amount by
$250,000 or more above the original
Board-approved amount must be approved
by the Board. Any subsequent price
increases, regardless of the amount, will
also require Board approval.
b) Any allowance amount approved by the
Board for a particular project shall not be
included in the calculation of the value of
changes for the purpose of determining
the applicable approval threshold.
Alternatively, the Board may authorize
an allowance amount for the County
Manager or designee approval.
c) During exigent circumstances, where the
approval of a Construction Change Order
requires the County to approve or deny a
price quote for construction services
received from a contractor within 35
days of receipt, or have the price quote be
deemed approved (as mandated by Sec-
tion 218.755, Fla. Stat.), and the Change
Order price quote cannot be presented to
the Board to meet that time require-
ment, the Board authorizes the Depart-
ment Head or designee and Procurement
Director or designee to approve or deny
those Change Order's that otherwise
exceed the Board's delegated Change
Order threshold for staff approval, subject
to subsequently presenting such items to
the Board for ratification through the
Procurement Administrative Report.
6. The Procurement Services Division Direc-
tor or designee shall have the authority to
approve the following, without further Board
approval:
a) Change orders and amendments that
increase the total contract amount by
less than $250,000 from the original
Board-approved amount will be presented
to the Board for ratification through the
Procurement Administrative Report.
b) All change orders and amendments for
contracts that were originally executed
by the Procurement Services Division
Director or designee, so long as the total
contract amount, including increases, does
not exceed $250,000.
c) Zero cost changes or changes that result
in a lower contract amount.
d) Increases or decreases to Board-ap-
proved days.
e) Direct material purchases.
f) Notices to proceed or noncompliance and
start and stop work notices.
g) Authorization for the use of approved
allowances.
h) Reallocation of approved funds between
line items.
i) Work order(s), if the work order is equal
to or below such Board approval
parameters for work orders as set forth
in the Board approved Continuing
Contract or Agreement for services under
which the work order is generated. Work
orders must be in sufficient detail to
audit according to the approved contract.
7. Subsection 5 and 6, shall not be applicable
to continuing contracts, fixed term contracts,
fixed-fee contracts, or blanket purchase orders.
Such purchases shall be subject to all other
provisions of this Procurement Ordinance.
8. All material changes in the scope of contracts
must be approved by the Board in advance.
9. The Board has broad authority, within the
limits of the law, to evaluate and approve any
recommended contract amendment without
requiring further competition.
§ 2-205ADMINISTRATION
CD2:20.31Supp. No. 121
10. Price Adjustments: The Procurement
Services Division Director or designee shall have
the authority to approve upward or downward
price adjustments, subject to the following condi-
tions:
a) That the Procurement Services Division
Director or designee has received a request
from the Contract Administrative Agent/
Project Manager supporting the request,
verifying contractor's satisfactory
performance, and availability of funds
for the applicable fiscal year.
b) That the price adjustment is identified in
the solicitation document and/or resultant
contract.
Price adjustments that exceed the formal
competition threshold per fiscal year dollar
total expenditure, unless otherwise
provided, and/or price adjustments that
fail to meet one or more of the conditions
set forth herein will require the approval
by the Board.
11. Contract Renewals: The Procurement
Services Division Director or designee shall
authorize and execute renewals of contracts for
commodities and/or services subject to the follow-
ing conditions:
a) That the contractor has performed in a
satisfactory manner, and that the Procure-
ment Services Division Director or
designee has received a request to renew
from the contractor or Contract
Administrative Agent/Project Manager
verifying the contractor's satisfactory
performance.
b) That the Board-approved contract
provided for a renewal and is renewed
subject to the terms and conditions set
forth in the contract. Cost and term
modifications are addressed in the original
solicitation document and/or resultant
contract.
c) That the renewal is done for a set period
of time identified in the solicitation docu-
ment and/or resultant contract, commenc-
ing at the end of the initial contract
term.
Proposed contract renewals that fail to
meet one or more of the conditions set
forth herein will require the approval of
the Board.
12. Contract Extension: Extension(s) of a
Board-approved contract for commodities or non-
construction services may be requested by the
Contract Administrative Agent/Project Manager
to the Procurement Services Division Director or
designee, in writing, for a period not to exceed
six (6) months (cumulatively) and shall be subject
to the same terms and conditions set forth in the
contract. The Procurement Services Division
Director or designee shall have the authority to
authorize and execute all such extensions, which
must be issued prior to the expiration of the
contract. Any extension(s) that exceed six (6)
months (cumulatively) shall require approval by
the Board.
13. Construction Agreements.
a) Retainage. In accordance with Section
218.735(8), Fla. Stat., the Board may
reduce below 5% the amount of retainage
withheld from each subsequent progress
payment issued to a contractor where
applicable.
b) Liquidated Damages. County Depart-
ments/Divisions shall obtain authority
from the Board to waive the assessment
of liquidated damages.
14. Consent to Assignments of Contracts: The
County's authority for consent to assignment of
a contract may be approved by the Procurement
Services Division Director or designee.
15. Contract Terminations: Notices that
terminate in its entirety a Board-approved
purchase or contract must be approved by the
Board prior to its termination, unless otherwise
provided in the contract.
(Ord. No. 2025-34, § 20)
§ 2-205 COLLIER COUNTY CODE
CD2:20.32Supp. No. 121
Sec. 2-206. Performance and Payment
Bonds.
A contractor or vendor shall provide a surety
bond from a surety company to guarantee full
and faithful performance of a contract obligation
and the payment of labor and material expended
pursuant to a contract whenever, and in such
amounts, as required by statute or otherwise as
deemed necessary by the Procurement Services
Division Director or designee.
1. The Procurement Services Division Direc-
tor or designee shall determine if a bid
bond shall be required for any competi-
tive procurement. If required, the bid
bond will be five (5) percent of the amount
of the bid or proposal. Unsuccessful
vendors are entitled to full return of
their bid bond. Upon determination by
the Board, the successful vendor shall
forfeit this bid bond, or a portion thereof,
upon failure to enter into a contract or
act on the purchase order issued within
ten (10) business days, excluding
weekends and County holidays, of
presentation of a contract or purchase
order by the County.
2. The Procurement Services Division Direc-
tor or designee shall determine if pay-
ment bonds, and performance bonds are
required. All contracts for construction
or repairs of public buildings and public
works projects shall require payment
and performance bonds in accordance
with Section 255.05, Fla. Stat.
3. Payment and performance bonds shall be
at least 100 percent of the contract
amount, including allowance.
4. All required bonds shall be from a surety
company authorized to do business in the
State of Florida to guarantee the full and
faithful performance of the contractual
obligations and the payment of labor and
material expended pursuant to the
contract whenever and in such amounts
as is deemed necessary by the Procure-
ment Services Division. The surety shall
meet the requirements of the Depart-
ment of the Treasury Fiscal Service,
"Companies Holding Certificates of
Authority as Acceptable Sureties on
Federal Bonds and as Acceptable Reinsur-
ance Companies." An irrevocable letter
of credit from a financial institution
operating within the State of Florida (or
other alternative forms of surety as
permitted under Florida law) may be
sufficient in place of the performance
bond if so provided for in the bid and
contract documents.
5. The vendor is required to record the
payment and performance bonds and
riders with the Collier County Clerk of
the Circuit Court and pay all associated
costs.
6. All such bonds or letters of credit shall be
approved as to form by the County
Attorney and held by the Clerk's Board
Minutes and Records Department.
(Ord. No. 2025-34, § 21)
Sec. 2-207. Unauthorized Purchases.
All purchases made shall be consistent and in
compliance with the Procurement Ordinance.
Violations shall be handled in the manner
provided by Statute or applicable Collier County
Procurement Manuals. Any purchase or contract
made contrary to the provisions thereof and
contrary to Florida law shall not be approved
and the County shall not be bound thereby,
unless and until the following actions occur:
1. If County staff authorizes work or
purchases that are not in conformance
with the Procurement Ordinance, Procure-
ment Manuals, or contracts, the County
Departments/Divisions must first
complete an After-the-Fact Procurement
form.
2. The Board shall approve After-the-Fact
Procurement forms for transactions
exceeding the formal competition
threshold.
3. The Procurement Services Division Direc-
tor or designee shall approve After-the-
Fact Procurement forms for transactions
below the formal competition threshold
§ 2-207ADMINISTRATION
CD2:20.33Supp. No. 121
and will report those to the Board through
the Procurement Administration Report.
(Ord. No. 2025-34, § 22)
Sec. 2-208. Prohibition against Subdivi-
sion.
No contract or purchase shall be subdivided to
avoid the requirements of this Procurement
Ordinance or State law.
(Ord. No. 2025-34, § 23)
Sec. 2-209. Protest of Bid or Proposal
Award.
The purpose of this section is to accommodate
legitimate protests concerning formal competi-
tive solicitations and recommended contract
awards prior to award of a contract by the Board.
1. Any bidder to an ITB, ITN, RFP, IFQ or
RPS who alleges to be aggrieved in con-
nection with the solicitation or recom-
mended award of a contract, (hereafter
referred to as "the protesting party")
may protest to the Procurement Services
Division Director or designee, who shall
serve as the sole recipient of any and all
notices of intent to protest and all formal
protests.
2. With respect to a protest of the terms,
conditions and specifications contained
in a solicitation, including any provisions
governing the methods for evaluation of
bids, proposals or replies, awarding
contracts, reserving rights for further
negotiation or modifying or amending
any contract, the protesting party shall
file a notice of intent to protest with the
Procurement Services Division Director
or designee within three (3) business
days by 5:00 p.m., excluding weekends
and County holidays, after the first
publication, whether by posting or formal
advertisement of the solicitation. Failure
to file a notice of intent to protest within
the time and manner prescribed by this
policy shall constitute a waiver of the
respondent's right to protest the solicita-
tion. The formal written protest shall be
filed within five (5) business days by 5:00
p.m. of the date the notice of intent is
filed, excluding weekends and County
holidays. Formal protests of the terms,
conditions and specifications shall contain
all of the information required for the
Procurement Services Division Director
or designee, to render a decision on the
formal protest and determine whether
postponement of the bid opening or
proposal/response closing time is appropri-
ate. The Procurement Services Division
Director's or designee's decision shall be
considered final and conclusive unless
the protesting party files an appeal of the
Procurement Services Division Director
or designee's decision to the County
Manager. The appeal process to the
County Manager will follow the same
appeal process used for a formal protest
of a contract award as stated below.
3. Any bidder who desires to protest a
recommended contract award shall submit
a notice of intent to protest to the Procure-
ment Services Division Director or
designee within three (3) business days,
excluding weekends and County holidays,
from the date of the initial posting of the
recommended award. Failure to file a
notice of intent to protest within the time
and manner prescribed by this policy
shall constitute a waiver of the
respondent's right to protest the recom-
mended award.
The notice of intent to protest shall
contain at a minimum:
a) Name of the protestor;
b) Protestor's address;
c) E-mail address and telephone
number;
d) Name of the protestor's representa-
tive to whom notices may be sent;
e) Project name and number of the
competitive procurement; and
f) A brief factual summary of the basis
of the intended protest.
4. All formal protests with respect to a
recommended contract award shall be
§ 2-207 COLLIER COUNTY CODE
CD2:20.34Supp. No. 121
submitted in writing to the Procurement
Services Division Director or designee
for a decision. All formal protests shall
be submitted within five (5) business
days, by 5:00 p.m., excluding weekends
and County holidays, from the date that
the notice of intent to protest is received
by the Procurement Services Division
Director or designee. The protesting party
must have standing as defined by
established Florida case law to maintain
a protest.
The formal protest shall contain, but not
be limited to, the following information:
a) Name and address of County Agency
affected and the solicitation number
and title.
b) The name and address of the protest-
ing party.
c) A statement of disputed issues of
material fact. If there are no disputed
material facts, the written letter
must state that.
d) A concise statement of the ultimate
facts alleged and of any relevant
rules, regulations, statutes, and
constitutional provisions entitling
the protesting party to relief.
e) The protesting party's demand for
the relief.
f) Such other information as the
protesting party deems to be mate-
rial to the issue.
g) As a condition of filing a formal
protest to the Procurement Services
Division Director or designee, the
protesting party shall submit a non-
refundable filing fee for the purpose
of defraying the costs of administer-
ing the protest. The filing fee shall
be submitted with the formal protest.
Failure to pay the filing fee shall
result in the denial of the protest.
The filing fee may be in the form of
a certified check, cashier's check, or
money order made payable to Col-
lier County, Florida or the Collier
County Board of County Commis-
sioners in an amount equal to five
(5) percent of the protestor's bid or
$10,000.00, whichever is less;
provided, however, if no value is
attached then the bond will be
$10,000.00.
The formal protest shall contain all
arguments, facts or data supporting
and advancing the protestor's posi-
tion. Under no circumstances shall
the protestor have the right to
amend, supplement or modify its
formal protest after the filing thereof.
Nothing herein shall preclude the
County's authority to request
additional information from the
protesting party or other bidders or
proposers in conjunction with the
review and rendering of decisions
on the protest, including any
subsequent appeal.
5. In the event of a timely protest of contract
award consistent with the requirements
of this section, the Procurement Services
Division Director or designee shall not
proceed further with the award of the
contract until all appropriate administra-
tive remedies as delineated under this
section have been exhausted or until the
Board makes a determination on the
record that the award of a contract without
delay is in the best interests of the
County. Nothing herein prevents the
Procurement Services Division Director
or designee from rejecting all submis-
sions to the solicitation any time prior to
award. During this process, the protest-
ing party shall limit their and the Procure-
ment Services Division Director or
designee communications with the County
to the Office of the County Attorney, and
neither the protesting party, their agents
or their representatives shall have any
private contact or discussions with
individual County Commissioners, the
County Manager, other County employees,
or any independent hearing officer (where
applicable) regarding the protest except
§ 2-209ADMINISTRATION
CD2:20.35Supp. No. 121
such communications as may be required
or permitted during a hearing, if
applicable, or a meeting of the County
Commission wherein the solicitation or
award is to be considered.
6. The Procurement Services Division Direc-
tor or designee shall review the merits of
each timely protest and in consultation
with the appropriate County staff, issue
a decision stating the reasons for the
decision and the protesting party's rights
of appeal under this section. The deci-
sion shall be in writing and mailed or
otherwise furnished to the protesting
party. The decision of the Procurement
Services Division Director or designee
shall be final and conclusive unless the
protesting party delivers a subsequent
written notice of appeal to the County
Manager within three (3) business days,
by 5:00 p.m., excluding weekends and
County holidays from the date of receipt
of the decision. In filing a written objec-
tion to the Procurement Services Divi-
sion Director's or designee's decision, the
protestor shall not introduce new argu-
ments or alter in any other way their
protest submission. An appeal of the
Procurement Services Division Director's
or designee's decision shall be limited to
a review of the grounds set forth in the
formal protest, and no new grounds or
arguments will be introduced or
considered.
7. The protester may appeal the decision of
the Procurement Services Division Direc-
tor or designee to the County Manager
by filing a written appeal with the County
Manager's Office within three (3) busi-
ness days, by 5:00 p.m., excluding
weekends and County holidays from the
date of receipt of the decision. The appeal
must be in writing and must include a
full explanation of the basis of disagree-
ment with the decision rendered by the
Procurement Services Division Director
or designee as well as the relief sought.
The County Manager shall determine
whether to appoint an independent Hear-
ing Officer to review the formal protest
and the Procurement Services Director's
or designee's decision. If the County
Manager appoints a Hearing Officer, the
Hearing Officer's review shall be limited
to the grounds set forth in the formal
protest. The protesting party shall have
the burden of proof. The Hearing Officer
shall consider the formal protest, the
Procurement Services Director's or
designee's decision, and supporting docu-
ments and evidence presented at the
hearing. In any hearing, irrelevant,
immaterial or unduly repetitious evidence
shall be excluded. All other evidence of a
type commonly relied upon by reason-
ably prudent persons in the conduct of
their affairs shall be admissible whether
or not such evidence would be admissible
in a trial in the courts of Florida. The
Hearing Officer may grant the motion of
any person having standing under Florida
law to intervene in the proceedings.
Persons or parties shall have the right to
be represented by counsel in the proceed-
ings, to call witnesses, and present
evidence; provided, however, that the
Hearing Officer shall not have the right
to compel attendance of witnesses or to
permit or compel any discovery.
The Hearing Officer will have a maximum
of sixty (60) calendar days to schedule
and conduct a hearing into the matter
and issue a recommended finding of fact
and an opinion in writing to the County
Manager or designee for submission to
the Board. Should the Hearing Officer
find in favor of the County, the protesting
party shall pay, in full, the costs of the
Hearing Officer. If the Hearing Officer's
recommended decision is in favor of the
protesting party, then the County will
assume this cost.
The County Manager's discretion as to
whether to appoint a Hearing Officer
shall in no way afford the protestor the
right to demand such an appointment or
hearing. The decision of a Hearing Officer
on a protesting party's appeal shall be
§ 2-209 COLLIER COUNTY CODE
CD2:20.36Supp. No. 121
submitted to the Board for its
consideration as part of a final award
decision. Nothing herein shall be
construed as creating a right of judicial
review of the Hearing Officer's decision,
nor shall such decision be binding upon
the Board. Additionally, nothing herein
shall be construed as limiting the Board's
right to reject any and all bids or propos-
als.
Decisions of the Procurement Services
Director or designee and Hearing Officer
(where applicable) will be provided to the
protestor prior to the award recommenda-
tion being presented to the Board. Neither
the County Manager's decision nor the
Hearing Officer's recommended decision
shall be construed as an award recom-
mendation triggering additional rights of
protest pursuant to this policy.
Notwithstanding anything set forth herein
to the contrary, the Board shall retain
the authority to make the final award
decision. The County Manager shall issue
his/her decision on the appeal within
thirty (30) calendar days of receipt of the
appeal or receipt of an appointed Hear-
ing Officer's recommended findings,
whichever is later.
8. The decision of the County Manager may
be appealed to the Board of County Com-
missioners by the filing of a written
appeal with the Board Chair within three
(3) calendar days of issuance of the County
Manager's decision. The Board shall
overturn the selection if the protester
proves by clear and convincing evidence
that the selection did not comply in
material respects with the requirements
contained in the competitive procure-
ment documents, with this Section, or
with applicable law.
9. Failure by a protestor to comply with the
timelines and requirements set forth
herein shall result in an immediate
invalidation and termination of the protest
and a waiver of the right to seek further
redress or to appeal the alleged adverse
action in a court of law.
10. Nothing herein relinquishes the County's
rights to waive minor irregularities.
Further, nothing herein shall grant any
rights to the unsuccessful protestor.
11. Notwithstanding anything set forth herein
to the contrary, the Board shall retain
the authority to make the final award
decision.
(Ord. No. 2025-34, § 24)
Sec. 2-210. Conflict of Interest.
The procurement of goods and services shall
comply with all applicable state, local and federal
laws concerning ethics and conflict of interest.
(Ord. No. 2025-34, § 25)
Sec. 2-211. Debarment and Suspension.
The County Manager may suspend and/or
debar vendors, contractors, consultants and other
interested and affected persons from active
participation in obtaining County contracts upon
approval of the Board. The purpose of any such
action shall be to protect the County's interests
and maintain the integrity of the public contract-
ing and purchasing process. Selecting highly
qualified contractors that engage in ethical and
responsible business practices protects the public
and supports the procurement process. The debar-
ment and suspension processes shall be considered
to be separate from and in addition to the award
evaluation and vendor performance evaluation
processes authorized elsewhere in this Procure-
ment Ordinance. The debarment and appeals
process shall not stay Collier County's solicita-
tion, negotiation, or contract award processes.
1. Suspension. Refers to action taken by the
County Manager to temporarily disqualify
a contractor from County contracting or
County approved subcontracting pend-
ing action of the Board. The Procure-
ment Services Division Director or
designee shall recommend to the County
Manager the suspension of a contractor,
subcontractor or person from consideration
for award of contracts if there appears to
be a reasonable basis for debarment as
set forth herein. If a suspension precedes
a debarment, the suspension period shall
§ 2-211ADMINISTRATION
CD2:20.37Supp. No. 121
be considered in determining the debar-
ment period. The suspension period shall
not exceed six (6) months or until the
conditions have been rectified or resolved
to the County's satisfaction, without the
approval of the Board. The prospective
causes for suspension include one or
more of the following:
a) Failure to fully comply with the
condition, specifications, or terms of
a bid, proposal or contract with the
County.
b) The Procurement Services Division
has formally disqualified or declared
a contractor's bid, quotation, or
proposal non-responsive, based on
the Contractor's fraud or
misrepresentation.
c) The Contractor is charged by a court
of competent jurisdiction with the
commission of a criminal offense as
an incident to obtaining or attempt-
ing to obtain a public or private
contract, subcontract, or in the
performance of such contract or
subcontract. If charges are dismissed
or the contractor is found not guilty,
the suspension shall be lifted
automatically upon proof of final
court disposition by the contractor
to County.
d) The contractor becomes insolvent,
has proceedings in bankruptcy
instituted against it, or has a receiver
or trustee appointed over its property.
e) The contractor is charged by a court
of competent jurisdiction with the
following: embezzlement, theft,
forgery, bribery, falsification or
destruction of records, receiving
stolen property, or any other offense
indicating a lack of business integrity
or business honesty which cur-
rently, seriously, and directly affects
responsibility as a County govern-
ment contractor. If charges are
dismissed or the contractor is found
not guilty, the suspension shall be
lifted automatically upon proof of
final court disposition provided by
the contractor to County.
f) Contractor violates the ethical
standards set forth in local, state or
federal law.
g) Contractor commission of any act or
omission to perform any act which
is grounds for debarment.
h) Any other cause the Procurement
Services Division Director or
designee determines to be serious
and compelling as to materially and
adversely affect responsibility of a
business as a County government
contractor, including but not limited
to suspension by another
governmental entity for substantial
cause.
2. Debarment. Means action taken by the
County to exclude a contractor from
County contracting and County-approved
subcontracting for a reasonable specified
period as provided herein. The prospec-
tive causes for debarment include one or
more of the following:
a) Conviction for commission of a
criminal offense as an incident to
obtaining or attempting to obtain a
public or private contract or
subcontract, or in the performance
of such contract or subcontract.
b) Conviction under state or federal
law of embezzlement, theft, forgery,
bribery, falsification or destruction
of records, receiving stolen property,
or any other offense indicating a
lack of business integrity or busi-
ness honesty which currently, seri-
ously and directly affects
responsibility as a contractor.
c) Conviction under state or federal
antitrust laws arising out of the
submission of bids, proposals or other
competitive offers.
d) Violation(s) of County contract(s)
provisions, which is (are) deemed to
§ 2-211 COLLIER COUNTY CODE
CD2:20.38Supp. No. 121
be serious and to warrant debar-
ment, including the failure, without
good cause, to perform in accordance
with the terms, conditions, specifica-
tions, scope, schedule or any other
provisions of the contract(s).
e) Refusal to provide bonds, insurance
or other required coverage and
certifications thereof within a reason-
able time period.
f) Refusal to accept a purchase order,
agreement or contract, or perform
accordingly provided such order was
issued timely and in conformance
with the solicitation and offer
received.
g) Presence of principals or corporate
officers in the business of concern,
who were principals within another
business at the time when the other
business was suspended or debarred
within the last three (3) years under
the provisions of this section.
h) Violation of the ethical standards
set forth under applicable state or
county laws.
i) Debarment of the contractor by
another public agency.
j) Submitting false invoices or invoices
that mislead, misrepresent the true
costs incurred or falsely identify
either a source of material or a
provider of a service.
k) Any other cause deemed to be so
serious and compelling as to materi-
ally affect the qualifications or
integrity of the contractor.
3. Scope of suspension or debarment. The
following shall be the scope of suspension
or debarment under this section:
a) The fraudulent, criminal, or other
seriously improper conduct of any
officer, director, shareholder, partner,
agent, employee, or other individual
associated with a contractor may be
imputed to the contractor when the
conduct occurred in connection with
the individual's performance of
duties for or on behalf of the contrac-
tor, or with the contractor's
knowledge, approval, or
acquiescence. The contractor's
acceptance of the benefits derived
from the conduct may be evidence of
such knowledge, approval, or
acquiescence.
b) The fraudulent, criminal, or other
seriously improper conduct of a
contractor may be imputed to any
officer, director, shareholder, partner,
employee, or other individual associ-
ated with the contractor who
participated in, knew of, or had
reason to know of the contractor's
conduct.
c) The fraudulent, criminal, or other
seriously improper conduct of any
subcontractor associated with a
contractor may be imputed to the
contractor when the conduct occurred
in connection with the
subcontractor's performance of duties
for or on behalf of the contractor,
and the contractor has knowledge
of, approved of, or acquiesced in this
conduct. The contractor's acceptance
of benefits derived from the conduct
shall be evidence of such knowledge,
approval, or acquiescence.
d) The fraudulent, criminal, or other
seriously improper conduct of one
contractor participating in a joint
venture or similar arrangement may
be imputed to other participating
contractors if the conduct occurred
for or on behalf of the joint venture
or similar arrangement, or with the
knowledge, approval, or acquiescence
of these contractors. Acceptance of
the benefits derived from the conduct
may be evidence of such knowledge,
approval, or acquiescence.
4. Effects of suspension and debarment.
Suspended or debarred contractors are
excluded from receiving contracts, and
County Departments/Divisions shall not
§ 2-211ADMINISTRATION
CD2:20.39Supp. No. 121
solicit offers from, award contracts to, or
consent to subcontract with the vendor.
Such contractors are also excluded from
conducting business with the County as
agents, representatives, subcontractors,
or partners of other vendors.
5. Suspension or debarment procedures. The
following procedures shall be used for
the suspension or debarment of a contrac-
tor:
a) The County Department/Division
shall promptly investigate and
prepare a written report concerning
a contractor's proposed suspension
or debarment, which shall be
forwarded to the Procurement
Services Division Director or
designee.
b) Within a reasonable amount of time
of the Department's/Division's
request, the Procurement Services
Division Director or designee, after
examining such reports, shall make
a determination as to whether there
is sufficient cause to suspend or
debar the contractor. If the Procure-
ment Services Division Director or
designee finds sufficient cause,
he/she shall issue a preliminary
notice of suspension of debarment
for a maximum period of up to six
(6) months. The Procurement
Services Division Director or
designee shall notify the subject
contractor by certified mail, return
receipt requested, or personal service
that:
i. Suspension or debarment has
been imposed effective upon
the receipt of notice;
ii. This notice contains the reasons
and causes for the suspension
or debarment in terms which
are sufficient to put the contrac-
tor on notice of the conduct
upon which it is based:
iii. If requested by the contractor
within twenty-one (21) calendar
days after the date of receipt of
such notification by the contrac-
tor, the Procurement Services
Division Director or designee
shall refer the matter to the
Hearing Officer, and a hearing
to contest the suspension or
debarment will be conducted
before the Hearing Officer at a
date and time not more than
ten (10) calendar days after
the receipt of such a request.
The notice shall advise the
contractor that it may be
represented by an attorney, may
present evidence, verbal
testimony, and may cross
examine testimony; and
iv. Such suspension or debarment
action may only be stayed after
petition by the vendor to the
Board.
c) The preliminary suspension or debar-
ment notice shall become final and
conclusive unless the suspended or
debarred vendor timely requests a
hearing before the Hearing Officer.
If a hearing is not requested, the
Procurement Services Division Direc-
tor or designee decision shall then
be presented for action at the next
Board meeting with a recommenda-
tion relating to the period of suspen-
sion or debarment imposed upon
the contractor.
d) The Hearing Officer shall be the
sole trier of fact and shall ensure
that the proceeding affords due
process and fairness to the contrac-
tor. In actions based upon a convic-
tion of judgment, or in which there
is not genuine dispute over material
facts, the Hearing Officer shall make
a decision on the basis of all the
undisputed, material information in
the administrative record, includ-
ing any undisputed, material submis-
sion by the contractor. Where actions
are disputed evidence, the Hearing
§ 2-211 COLLIER COUNTY CODE
CD2:20.40Supp. No. 121
Officer shall decide what weight to
attach to the evidence of the record,
judge the credibility of witnesses,
and base his/her decision on the
preponderance of the evidence. The
Hearing Officer's decision shall be
made and shall be provided upon
conclusion of the parties' argu-
ments and evidence.
e) Hearsay evidence shall be admis-
sible at the hearing but shall not be
the sole basis for initiating a suspen-
sion or debarment procedure nor
the sole basis of any determination
by the Hearing Officer of the suspen-
sion or debarment by contractor.
The hearing shall be audio recorded.
f) A written decision and recommenda-
tion thereafter shall be filed within
five (5) business days, excluding
weekends and County holidays, with
the County Manager which shall
include the Hearing Officer's factual
findings, conclusions of law, and shall
include either a recommended
specific term of suspension or debar-
ment to be imposed by the Board or
a recommended dismissal of the
preliminary notice of suspension of
debarment.
g) The County Manager shall present
the Hearing Officer's decision to the
Board at the next Board meeting.
The matter shall be resolved by the
Board on the basis of the record
before the Hearing Officer and no
evidence or issue which was not
presented or raised at such hearing
shall be considered. Presentations
to the Board by parties shall be
limited to thirty (30) minutes per
side. The foregoing limitation shall
be inclusive of all speakers address-
ing the Board on behalf of each side.
At the conclusion of the testimony,
the Board shall by majority vote
accept or reject the decision and
recommendation of the Hearing
Officer. The Board may also, in its
discretion, refer the matter back to
the Hearing Officer for additional
proceedings. An appeal of the deci-
sion of the Board, which is filed
within thirty (30) business days,
excluding weekends and County
holidays, of its receipt by the contrac-
tor, shall be subject to review by the
appellate division of the circuit court.
A suspended or debarred contractor
also may seek a stay of the Board's
decision in circuit court.
h) The period of suspension or debar-
ment imposed upon a contractor
shall be within the sole discretion of
the Board. Suspension or debar-
ment shall be for a period com-
mensurate with the seriousness of
the cause, and where applicable,
within the guidelines at a minimum
of six (6) months and not to exceed a
period of five (5) years taking into
consideration any mitigating or
aggravating circumstances.
6. After imposition of such suspension or
debarment, the Board, in its discretion,
may reduce or may vacate such suspen-
sion or debarment, upon the contractor's
written request, for reasons such as:
a) Newly discovered material evidence;
b) Reversal of the conviction or civil
judgment upon which the debar-
ment was based;
c) Bona fide change in ownership or
management;
d) Elimination of other causes for which
the suspension or debarment was
imposed; or
e) Other reasons the Board deems
appropriate.
The contractor's written request shall
contain the reasons for requesting a reduc-
tion in the suspension or debarment
period. The Procurement Services Divi-
sion Director or designee with the
assistance of the affected department,
shall have thirty (30) business days,
§ 2-211ADMINISTRATION
CD2:20.41Supp. No. 121
excluding weekends and County holidays,
from receipt of such request to submit a
written response thereto. The decision of
the Board regarding a request made
under this subsection is final and not
appealable.
(Ord. No. 2025-34, § 26)
Sec. 2-212. Waiver of Ordinance.
The Board shall have the authority to waive
any and all Procurement Ordinance provisions
within lawful guidelines and upon formal Board
action.
(Ord. No. 2025-34, § 27)
Sec. 2-213. 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.
(Ord. No. 2025-34, § 28)
Secs. 2-214—2-395. Reserved.
ARTICLE VI. FINANCE*
DIVISION 1. IN GENERAL
Sec. 2-396. Reserved.
Editor’s note—Ord. No. 2015-03, § 1, adopted Jan. 13,
2015, repealed § 2-396, entitled "Investment, reimbursement
of surplus public funds", which derived from Ord. No. 87-65,
§§ 1—3.
Sec. 2-397. Dishonored checks.
(a) Title and citation. This section shall be
known and may be cited as the "Collier County
Dishonored Check Ordinance".
(b) Applicability. This section shall apply to
and may be enforced in all areas of the County,
including within municipalities. With regard to
the applicability or enforceability of this section,
it is immaterial as to where a dishonored check,
draft or other order for the payment of money
was delivered to any County official or agency.
(c) Definitions. The following words, phrases
or terms as used in this section shall have the
following meanings unless the context clearly
indicates otherwise:
(1) Agency means this County, and any entity
of the County government including every
department, division, bureau, commis-
sion, authority, or dependent district.
Agency shall also mean and include the
tax collector, property appraiser, sheriff,
supervisor of elections, and the clerk of
the circuit court.
(2) Check, draft, or other order means any
negotiable instrument, bank draft,
certificate of deposit, escrow account, or
any other item delivered to the posses-
sion of any official or agency and that
directs any third party individual or
entity to pay money, conditionally or
unconditionally, to any such official or
agency, including any such item delivered
as security for payment of any monetary
obligation of any description.
(3) Official means any individual employed
by any agency in whom is vested the
authority by law, ordinance, resolution,
rule or regulation, or who has been
delegated authority, to receive on behalf
of the respective agency, any check, draft,
or other order for the payment of money
to any such official or agency.
(d) Findings and purpose. The Board of County
Commissioners hereby finds that collection of
dishonored checks, drafts, and other orders to
pay money to a County official or agency has
direct and indirect costs including, but not limited
*Cross reference—Taxation, ch. 126.
Special act reference—Special acts pertaining to finance,
§ 202-276 et seq.
State law references—Investment of surplus public
funds, F.S. § 125.31; county annual budget, F.S. ch. 129;
county bonds, F.S. ch. 130; refunding bonds, F.S. chs. 131,
132; county depositories, F.S. ch. 136; local government
finance, F.S. ch. 218.
§ 2-211 COLLIER COUNTY CODE
CD2:20.42Supp. No. 121
to, employee labor, use of utilities and facilities,
and expenditure of money. It is the purpose of
this section to authorize collection of a service
fee as authorized by F.S. § 125.0105 for any
efforts to collect any dishonored check, draft, or
other order for the payment of money delivered
to any County official or agency.
(e) Service fee for dishonored check. There is
hereby adopted, subject to this section, a service
fee of $20.00 or five percent of the face amount of
the check, draft or order, whichever is greater,
for the collection of a dishonored check, draft or
other order for the payment of money to a
County official or agency.
(1) The service fee imposed hereby shall be
in addition to all other penalties imposed
by law for the dishonor of any check,
draft or other order for the payment of
money.
(2) The proceeds of any such service fee shall
be retained by the collector of the service
fee.
(3) This section and the service fee imposed
hereby shall be applicable to any
dishonored check, draft or other order
currently held or hereafter received by
any County official or agency as herein
defined.
(4) The tax collector, property appraiser,
supervisor of elections, clerk of the circuit
court, and the sheriff are hereby
authorized but not required to impose
and collect the service fee adopted by this
section.
(Ord. No. 93-16, §§ 1—5)
State law reference—Service fee for dishonored check
authorized, F.S. § 125.0105.
Secs. 2-398—2-450. Reserved.
DIVISION 2. DORI SLOSBERG DRIVER
EDUCATION FUND
Sec. 2-451. Title and citation.
This division shall be known as the "Dori
Slosberg Driver Education Ordinance".
(Ord. No. 03-39, § 1, 7-29-03)
Sec. 2-452. Findings of fact and purpose.
(a) The U.S. Department of Transportation's
National Highway Traffic Safety Administration
studies reveal that a significant percentage of
young drivers are involved in traffic crashes and
are twice as likely as adult drivers to be in a fatal
crash and that the problems contributing to
these higher crash rates include driving inexperi-
ence and lack of adequate driving skills.
(b) There is information indicating that not
all eligible high school students in Collier County
are given the opportunity to participate in driver
education programs.
(c) Due to the high demand and importance of
driver education programs, existing programs
need to be expanded and additional programs
created.
(d) The Board of County Commissioners is
authorized by F.S. § 318.1215 to enact an
ordinance authorizing the clerk to collect a $3.00
surcharge on all civil traffic penalties in county
court to be used to fund the direct education
expenses of traffic education programs in both
public and non-public high schools.
(Ord. No. 03-39, § 2, 7-29-03)
Sec. 2-453. Collection of surcharge.
(a) Pursuant to F.S. § 318.1215, a $5.00
surcharge shall be added by the Collier County
Court against every person who pleads guilty or
nolo contendere to, or is convicted of, regardless
of adjudication, a moving or non-moving civil
traffic violation.
(b) The $5.00 surcharge shall be in addition
to any fine, civil penalty or other court cost and
will not be deducted from the proceeds of that
portion of any fine or civil penalty which is
received by Collier County in accordance with
F.S. §§ 316.660 and 318.21.
(c) The $5.00 surcharge shall be specifically
added to any civil penalty paid, whether such
penalty is paid by mail, paid in person without
request for hearing, or paid after hearing and
determination by the court.
(Ord. No. 03-39, § 3, 7-29-03; Ord. No. 2007-39,
§ 1)
§ 2-453ADMINISTRATION
CD2:20.43Supp. No. 121
Sec. 2-454. Distribution of funds collected.
(a) The clerk shall collect the $5.00 surcharge
in accordance with F.S. § 318.1215.
(b) All funds collected pursuant to this sec-
tion shall be used for the exclusive purpose of
funding driver education programs, and shall be
deposited into a special trust fund to be used to
exclusively fund the direct education expenses of
driver education programs in both public and
non-public high schools.
(c) All funds collected shall be used exclusively
to supplement (enhance and not replace) funding
for direct education expenses of driver education
programs in both public and non-public high
schools.
(d) Direct educational expenses are incurred
for the purchase of goods and services including,
but not limited to, driver education course materi-
als, vehicles exclusively used for driver educa-
tion programs, driver simulators, and salaries of
driver education instructors and shall not include
administrative expenses.
(Ord. No. 03-39, § 4, 7-29-03; Ord. No. 2007-39,
§ 1)
Sec. 2-455. Expenditure and management
of funds budgeted.
(a) The county manager, or his designee, with
direction from the Board of County Commission-
ers, in accordance with F.S. § 318.1215, and with
the budget adopted by the Collier County Board
of Commissioners, shall have the authority to
provide for the expenditure of funds remitted to
the driver education program.
(b) Procedures for disbursement of the funds
collected pursuant to this section shall be
developed by the county manager, or his designee,
and approved by the Board of County Commis-
sioners.
(c) In order to receive funds, the eligible
public and non-public high schools must make
application for funds and receive approval by
Collier County in accordance with the program
procedures established by the county manager
and must execute an acceptance agreement,
acknowledging that funds received shall be used
exclusively by the recipient for direct educational
expenses for driver education programs, shall
enhance and not be used to replace funds received
from existing sources, and that the program
receiving funds requires that a minimum of 30
percent of a student's time in the program be
behind-the-wheel training.
(d) Monies that have not been disbursed at
the end of each fiscal year shall be retained for
disbursement in the subsequent fiscal year(s), as
appropriate.
(Ord. No. 03-39, § 5, 7-29-03; Ord. No. 2007-39,
§ 1)
Sec. 2-456. Construction.
This division is to be construed in accordance
with F.S. § 318.1215, as it may be amended or
replaced.
(Ord. No. 03-39, § 6, 7-29-03)
Secs. 2-457—2-600. Reserved.
ARTICLE VII. BOND ISSUES AND
FINANCING THEREOF*
DIVISION 1. GENERALLY
Secs. 2-601—2-610. Reserved.
DIVISION 2. CAPITAL PROJECTS
Sec. 2-611. Authorized.
The Board of County Commissioners is hereby
authorized to acquire, construct, improve and
equip county capital projects (hereinafter called
"projects").
(Ord. No. 82-47, § 1)
Sec. 2-612. Board authorized to issue
revenue bonds.
To pay the cost of the projects and other costs
incidental and appurtenant thereto, the board is
authorized to issue revenues bonds from time to
time (hereinafter called "obligations"). Such
*Cross reference—Municipal service benefit unit bond
issues, § 122-56 et seq.
§ 2-454 COLLIER COUNTY CODE
CD2:20.44Supp. No. 121
obligations may be issued in coupon form or fully
registered form and may be in such denomina-
tion or denominations, bear interest at such rate
or rates and shall mature at such time or times
not exceeding 40 years from their date or dates
as may be determined by the board. The obliga-
tions may be made redeemable before maturity,
at the option of the board, at such price or prices
and under such terms and conditions as may be
fixed by the board prior to their issuance. The
board shall determine the place or places of
payment of the principal and interest which may
be at any bank or trust company within or
without the state. The obligations shall be signed
either by manual or facsimile signatures of the
chairman and clerk of the board, provided that
such obligations shall bear at least one signature
which is manually executed thereon. The coupons
attached to such obligations shall bear the
facsimile signature or signatures of such officer
or officers as shall be designated by the board.
The obligations shall have the seal of the board
affixed, imprinted, reproduced or lithographed
thereon, all as may be prescribed in the resolu-
tion or resolutions authorizing the issuance
thereof. The obligations may be sold at public or
private sale at such price or prices as the board
shall determine to be in its best interest.
(Ord. No. 82-47, § 2)
Sec. 2-613. Payment of principal.
The principal of an interest on the obligations
issued under this division shall be payable from
all or any portion of the funds of the county
derived from sources other than ad valorem
taxation and legally available for such purpose
(hereinafter called "nonad valorem funds").
(Ord. No. 82-47, § 3)
Sec. 2-614. Obligations declared
negotiable instruments.
The obligations shall be and they are hereby
constituted negotiable instruments under the
law merchant and the laws of the state.
(Ord. No. 82-47, § 4)
Sec. 2-615. Referendum.
No referendum in the county shall be required
for the exercise of any of the provisions of this
division unless such referendum is required by
the Constitution of Florida.
(Ord. No. 82-47, § 5)
Sec. 2-616. Project costs.
The cost of the projects may be deemed to also
include but not be limited to, the cost of acquisi-
tion of sites; legal, engineering, fiscal, architectural
fees and fees of any other experts or consultants
employed by the board; engineering or
architectural studies; surveys, plans and designs
for the projects; provisions for capitalization of
interest for a reasonable period after issuance of
the obligations and for debt service reserves;
premiums for municipal bond insurance policies;
the expense of the issuance, authorization and
sale of the obligations, including advertisements,
notices and other proceedings in connection
therewith; reimbursement to the county for any
temporary funding of the projects; payment of
principal of and interest on and costs and expenses
of issuance of any short-term financing, pending
issuance of the obligations; the discount on the
sale of the obligations, if any; and such other
expenses as are necessary, incidental or
appurtenant to the purposes authorized
hereunder.
(Ord. No. 82-47, § 6)
Sec. 2-617. Security of obligations.
The county does hereby covenant with holders
of obligations issued pursuant to this division
that it will not enact any ordinance which will
repeal, impair or amend in any manner the
rights of such holders of the obligations or the
security of the funds which may be pledged to
the payment of principal of and interest on
obligations issued pursuant to this division.
(Ord. No. 82-47, § 7)
Sec. 2-618. Refunding obligations.
The county may, by resolution, issue obliga-
tions to refund any obligations issued pursuant
to this division and provide for the rights of the
holders thereof. Such refunding obligations may
§ 2-618ADMINISTRATION
CD2:20.45Supp. No. 121
ADMINISTRATION § 2-631
be issued in an amount, together with the invest- the cost of a project or combination of one or more
ment income thereon, sufficient to pay: projects and payable from the revenues derived
(1) The principal of the outstanding obliga from the operation of the project, if any, the sev-
enth cent gas tax allocated to the county and the
tions; ninth cent gas tax imposed by the county and any
(2) The interest due and payable on the out- other special funds authorized to be pledged as
standing obligations to and including any additional security therefor under this division.
date upon which the outstanding obliga-
tions shall be callable prior to maturity or Cost of a project means the cost of acquiring or
the dates upon which the principal thereof constructing such project,and the cost of improve-
shall mature before the same are callable ments, and includes the cost of all labor and ma
prior to maturity; terials,the cost of all lands,property,rights,ease-
ments,and franchises acquired,which are deemed
(3) The redemption premium, if any; and necessary for such acquisition or construction;the
(4) Any expenses of the issuance and sale of cost of all machinery and equipment, financing
such refunding obligations. charges, interest prior to and during construction
(Ord. No. 82-47, § 8) and for one year after the completion of construc-
tion; bond discount, if any; engineering and legal
expenses,cost of plans, specifications,surveys, es-
Sec. 2.619. Effect on other legislation.
timates of construction costs and of revenues,other
This division shall not be deemed to repeal or expenses necessary or incident to determining the
supersede any other law or laws but shall be con- feasibility or practicability of such acquisition or
sidered as supplemental and additional authority construction, administrative expenses; and such
for the board to carry out and perform the powers other expenses as may be necessary or incident to
authorized herein. the financing herein authorized and to such ac-
(Ord. No. 82-47, § 9) quisition or construction and the placing of the
project in operation.
Sec. 2-620. Powers exercised by board. Gas taxes means, collectively, the seventh cent
All power and authority granted to the county gas tax and the ninth cent gas tax.
by the provisions of this division shall be exer Ninth cent gas tax means the tax of $0.01 per
cised by the board or its successors as the gov-
erning body of the county. gallon on motor fuel and special fuel imposed by
(Ord. No. 82-47, § 10) the county pursuant to F.S. § 336.021, approved
at a county-wide referendum on March 11, 1980,
Secs. 2-621-2-630. Reserved. and taxed and collected under F.S. ch. 206, as
provided in section 126-26.
DIVISION 3. REVENUE BONDS FOR Project includes all property, rights, easements
TRANSPORTATION, ROADS AND RELATED and franchises relating thereto and deemed nec-
PROGRAMS* essary or convenient for the construction or acqui-
sition or the operation thereof, and shall include
Sec. 2-631. Definitions. the acquisition or construction of transportation
The following words, terms and phrases, when facilities, the construction, reconstruction and
used in this division, shall have the meanings as- maintenance of roads and the construction and
cribed to them in this section, except where the reconstruction of transportation related public
context clearly indicates a different meaning: safety activities, and the maintenance and oper-
ation of transportation facilities, which serve a
Bonds means the obligations issued by the county purpose.
county under the provisions of this division to pay
Seventh cent gas tax means the tax of$0.01 per
*Cross reference—Roads and bridges, ch. 110. gallon on motor fuel levied by F.S. § 206.60, and
CD2:21
§ 2-631 COLLIER COUNTY CODE
special fuel levied by F.S. § 206.87, and allocated employees and agents as may, in the judg-
to the county pursuant to the provisions of F.S. §§ ment of the board,be deemed necessary, to
206.60(2)(b) and 206.875(2). fix their compensation.
(Ord. No. 80-51, § 1)
Cross reference—Definitions generally, § 1-2. (6) Receive and accept from any federal or state
agency grants for or in aid of the planning,
Sec. 2.632. General powers. construction,reconstruction or financing of
any project,and to receive and accept aid or
The county is hereby authorized and empow- contributions from any source of either
ered to: money, property, labor or other things of
value, to be held, used and applied only for
(1) Acquire by purchase or to construct, or the purposes for which such grants and con-
partly acquire and partly construct, and to tributions may be made.
improve, repair, reconstruct, own, operate (Ord. No. 80-51, § 2)
and maintain any project; provided, how-
ever, that no such project may be con- Sec. 2-633. Neither credit nor taxing power
strutted,owned,operated or maintained by pledged.
the county on property located within the
corporate limits of any municipality without (a) Bonds issued under the provisions of this
the consent of the governing body of such division shall not be deemed to constitute a debt
municipality. of the county or a pledge of the faith and credit of
the county, but such bonds shall be payable from
(2) Issue bonds to pay the cost of a project pay- the project revenues, if any, and the gas taxes, or
able from the revenues derived from the either or any portion thereof, and any other spe-
operation of a project, if any, and the gas cial funds pledged for the payment of such bonds
taxes, or either or any portion thereof; any as provided herein.All such bonds shall contain a
other special funds pledged therefor as pro- statement on their face to the effect that the county
vided herein, excepting only ad valorem is not obligated to pay the same or the interest
taxes upon real property. thereon except from the funds provided for in this
(3) Fix and collect rates, fees, tolls, rentals or division,and that the faith and credit of the county
other charges for the services and facilities are not pledged to the payment of the principal or
furnished by such project to the extent ap-
interest of such bonds.
ap-
plicable. •
(b) The issuance of bonds under the provisions
of this division shall not directly or indirectly or
(4) Acquire in the name of the county, either contingently obligate the county to levy or to
by purchase or the exercise of the right of pledge any form of ad valorem taxation upon real
eminent domain,such lands and rights and property therefor. No holder of any such bonds
interest therein, including lands under shall ever have the right to compel any exercise of
water and riparian rights, and to acquire the ad valorem taxing power on the part of the
such personal property,as it may deem nec- county to pay any such bonds or the interest
essary in connection with the construction, thereon or to enforce payment of such bonds or
reconstruction,improvement,extension,en- the interest thereon against any property of the
largement,operation or maintenance of any county, nor shall such bonds constitute a charge,
project. lien or encumbrance,legal or equitable,upon any
(5) Make and enter into all contracts and agree- property of such county,except such funds pledged
ments necessary or incidental to the perfor- for the payment of such bonds.
mance of its duties and the execution of its (Ord. No. 80-51, § 3)
powers under this division, and to employ
such consulting engineers, attorneys, ac-
countants, construction and financial ex- The board is hereby authorized to acquire by
perts,superintendents,managers,and other purchase, whenever it shall deem such purchase
CD2:22
ADMINISTRATION § 2-635
expedient,any project,or any such project,wholly the qualities and incidents of negotiable instru-
or partly constructed, and any franchise, ease- ments under the laws of the state. Provision may
ments, permits and contracts for the construction be made for the registration of any of the bonds in
of any such project, upon such terms and at such the name of the owner as to principal alone and
prices as may be reasonable and can be agreed also as to both principal and interest, and for the
upon between the board and the owner thereof, reconversion of any of the bonds registered as to
title to be taken in the name of the county. The both principal and interest into coupon bonds.Such
board may issue bonds, as hereinafter provided, bonds may be issued without regard to any limi-
to pay the cost of the acquisition of such project. tation on indebtedness prescribed by any law and
(Ord. No. 80-51, § 4) shall not be included in the amount of bonds which
the county may be authorized to issue under any
Sec. 2.635. Bonds. statute. The board may sell such bonds in such
manner and for such price as it may determine to
(a) The board shall have the power and it is be for the best interest of the county. Prior to the
hereby authorized to provide by resolution,at one preparation of definitive bonds, the board may,
time or from time to time,for the issuance of bonds under like restrictions, issue interim receipts, in
for the purpose of paying all or a part of the cost terim certificates, or temporary bonds, with or
without coupons,exchangeable for definitive
of any one or more projects, or any combination bonds
thereof as a single project. The principal and in- when such bonds have been executed and are avail-
terest of such bonds may be payable solely from able for delivery. The board may also provide for
the proceeds of the project revenues, if any, the the replacement of any bonds which shall become
gas taxes or either or a portion of such gas taxes mutilated,or be destroyed or lost.Such bonds may
and any other special funds authorized to be be issued without any other proceedings, or the
pledged as additional security therefor under this happening of any other conditions or things than
division for such payment, or a combination of those proceedings, conditions or things which are
any or all of such sources, in the board's discre specifically required by this division.
tion. The bonds of each issue shall be dated, shall (b) The proceeds of such bonds shall be used
bear interest at such rate or rates,shall mature at solely for the payment of the cost of the project,
such time or times not exceeding 30 years from and shall be disbursed in such manner and under
June 1, 1980, as may be determined by the board, such restrictions, if any, as the board may pro-
and may be made redeemable before maturity, at vide. If the proceeds of such bonds, by error of
the option of the county, at such price or prices estimates or otherwise, shall be less than the cost
and under such terms and conditions as may be of the project,additional bonds may in like manner
fixed by the board prior to the issuance of the be issued to provide the amount of such deficit,
bonds. The board shall determine the form of the and, unless otherwise provided in the resolution,
bonds and the interest coupons to be attached shall be deemed to be of the same issue and shall
thereto, the manner of executing the bonds and be entitled to payment from the same fund without
coupons,and shall fix the denomination or denom- preference or priority of the bonds first issued for
inations of the bonds and the place or places of the same project. If the proceeds of bonds issued
payments of the principal and interest which may for any project shall exceed the cost thereof, the
be at any bank or trust company within or without surplus may be paid into the fund provided for the
the state. In case any officer whose signature or a payment of principal of and the interest on such
facsimile of whose signature shall appear on any bonds or for any lawful purpose.
bonds or coupons shall cease to be such officer
before the delivery of such bonds, such signature (c) In the event that the county heretofore ac-
or such facsimile shall nevertheless be valid and quired or constructed a project and,to pay the cost
sufficient for all purposes the same as if he had of such acquisition or construction thereof, shall
remained in office until such delivery. All bonds have issued bonds payable from the funds pro-
issued under the provisions of this division shall vided for herein, and in the further event that the
have and are hereby declared to be and to have all county shall desire to construct additions, exten-
�,
CD2:23
§ 2.635 COLLIER COUNTY CODE --...s.,
sions,improvements or betterments to such project as long as any of said bonds are outstanding and
or to acquire by purchase or to construct an addi- unpaid. The county shall likewise be obligated to
tional project and to combine such additional collect and apply all revenues,if any,derived from
project with the project theretofore purchased or said project in accordance with proceedings autho-
constructed,and to refund such outstanding bonds, rizing the issuance of said bonds.
the county may provide for the issuance of a single (Ord. No. 80-51, § 6)
issue of bonds under the provisions of this divi-
sion for the combined purposes of: Sec. 2-637. Trust funds.
(1) Refunding such bonds then outstanding; All moneys received pursuant to the authority
and of this division,whether as proceeds from the sale
of bonds or as revenues,shall be held by the county
(2) Constructing such additions,extensions,im- or its agent in trust for the benefit of the holders
provements or betterments or of acquiring from time to time of any bonds issued pursuant to
by purchase or of constructing such addi- this division.
tional project, and the principal of and in- (Ord. No. 80-51, § 7)
terest on such bonds shall be payable from
the funds pledged therefor as provided Sec. 2.638. Remedies of bondholders.
herein.
Any holder of bonds issued under the provisions
(d) The resolution providing for the issuance of of this division or any of the coupons attached
the bonds may also contain such limitations upon thereto, except to the extent the rights herein
the issuance of additional bonds as the board may given may be restricted by resolution passed be-
deem proper, and such additional bonds shall be fore the issuance of the bonds,may by suit,action, -�
issued under such restrictions and limitations as mandamus or other proceedings, protect and en-
may be prescribed by such resolution.All moneys force any and all rights under the laws of the
received from any bonds issued and sold under state or granted hereunder or under such resolu-
the provisions of this division shall be applied tion and may enforce and compel the performance
solely for the purposes for which the bonds shall of all duties required by this division, or by such
be authorized or to the sinking fund created for resolution, to be performed by the county or the
the payment of such bonds. board, or by any officer thereof.
(Ord. No. 80-51, § 5) (Ord. No. 80-51, § 8)
Sec. 2-636. Pledge of gas taxes. Sec. 2-639. Additional security.
(a) The county may pledge the proceeds of the The county may additionally pledge for the pay-
seventh cent gas tax and/or the ninth cent gas ment of the principal of and interest on any bonds
tax, as defined herein, or portions thereof, as se- issued hereunder any funds of the county legally
curity for the payment of the principal of and in- available for such purpose but derived from sources
terest on any bonds issued hereunder, or for re- other than ad valorem taxation upon real prop-
serves for such debt service. erty.
(Ord. No. 80-51, § 9)
(b) In the event of the pledge of such seventh
cent gas tax and/or ninth cent gas tax,as provided Secs. 2-640-2-650. Reserved.
herein,such pledge shall be and constitute a valid
and legally binding contract between the county DIVISION 4. CAPITAL IMPROVEMENT
and the holders of such bonds as the case may be, REVENUE BONDS
and the county shall be obligated to continue to
receive and apply said gas taxes, or either or a Sec. 2-651. Definitions.
portion thereof, in accordance with the proceed- ---..„
ings which authorized the issuance of the bonds The following words, terms and phrases, when
for which said gas taxes are so pledged as security used in this division, shall have the meanings as-
CD2:24
ADMINISTRATION §2-651
cribed to them in this section, except where the or temporary indebtedness incurred for any
context clearly indicates a different meaning: portion of the program during the period of
construction thereof;
Board of county commissioners means the board
of county commissioners of Collier County,Florida, (9) Cost of machinery,equipment,supplies and
which also acts as the ex-officio governing body of spare parts required for the commencement
the district. of operation;
Bonds means revenue bonds issued by the (10) Amounts required for reserve funds;
county pursuant to this division, payable solely (11) Costs and expenses related to the issuance
from the pledged revenues. of the bonds, and any administrative ex-
Capital project means the capital projects, de penses related to any liquidity facility or
scribed in exhibit A attached to Ord. No. 86-36, credit facility, including interest on bonds
as the same may be restated from time to time held by the issuer of such liquidity facility;
pursuant to resolution of the board of county com- and
missioners; provided, however, any restatement (12) Any other costs properly attributable to
of the capital projects shall include only such cap- such construction or acquisition, as deter-
ital projects which are related to the county or the mined by generally accepted accounting
district's water and sewer utility capital improve- principles,applicable to the program or cap-
ment program or to improvements made on be- ital project;
half of municipal service taxing or benefit units.
and includes reimbursement to the county or the
Cost, as the same relates to the program or a district, as the case may be, for any such items of
capital project, means: cost paid by such entity prior to issuance of the
project bond related to such capital project.
�.,. (1) The cost of physical construction;
District means the county water-sewer district,
(2) Costs of acquisition; which is located in the county, and the ex-officio
governing body of which is the board of county
(3) Costs of land and interest therein and the
commissioners, and any other water-sewer dis-
costs incidental to such acquisition; trict created by the board of county commissioners
(4) The cost of any indemnity and surety bonds pursuant to F.S. ch. 153, pt. II (F.S. § 153.50 et
and premiums for issuance during construc- seq.).
tion; Indenture of trust means the indenture of trust
(5) All interest due to be paid on the bonds and pursuant to which the bonds shall be secured.
other obligations relating to the program Investment securities means such investments
during the period of construction and for a as shall be permitted by F.S. § 125.31, as well as:
reasonable period subsequent to comple-
tion of construction; (1) Guaranteed investment contracts with
banking institutions or insurance compa-
(6) Engineering,legal and other consultant fees nies, provided:
and expenses;
a. The contract shall be a general obliga-
(7) Costs and expenses of the project bond, in- tion of such banking institution or in-
cluding audits, fees and expenses of any surance company; and
paying agent, registrar, trustee, credit b. The credit rating of which banking in
bank, insurance company or depository; stitution or insurance company shall
be assigned a rating of either Moody's
(8) Payments, when due (whether at the ma- Investors Service or Standard&Poor's
turity of principal or the due date of in- Corporation in one of the two highest
terest or upon redemption) on any interim generic rating categories.
CD2:25
§ 2-651 COLLIER COUNTY CODE
(2) Bank time deposits evidenced by certifi- accordance with the project resolutions, be pay-
cates of deposit, and bankers' acceptances, able from:
issued by any bank, savings and loan asso (1) The pledged funds, as defined in the dis-
ciation,trust company or national banking trict's first amended and restated water and
association, which are: sewer revenue bond resolution,adopted De-
a. Fully insured by the Federal Deposit cember 26, 1985, as amended;
Insurance Corporation or the Federal
Savings and Loan Insurance Corpora- (2) Proceeds of special assessments made by
tion; and the county or the district on benefited prop-
b. To the extent not so insured,are issued erties, including interest thereon;
by a bank, savings and loan associa- (3) Other revenues,receipts and moneys of the
tion, trust company or national county which may be lawfully pledged to
banking association, the credit rating the payment of the bonds; and
of which shall be assigned a rating by (4) Investment earnings on any of the afore-
either Moody's or S&P in one of the mentioned revenues.
two highest generic rating categories.
The aforementioned revenues may include any
Pledged revenues means: subsequent increase in the amounts received by
the county or the district pursuant to applicable
(1) The proceeds from the bonds, originally de- law.Pledged revenues shall also include payments
posited with the trustee under the inden- received by the county or the district from credit
ture of trust, including investment earn- facilities which guarantee or insure payment of --�
ings; debt service on the project bonds, whether di-
rectly or indirectly.
(2) All amounts deposited in the funds and ac-
Project resolution means any resolution of the
counts held by the trustee under the inden board of county commissioners (whether func-
ture of trust, including any investment tioning as the governing body of the county or the
earnings thereon;
district) authorizing the acquisition and construc-
(3) All amounts payable pursuant to the project tion of a particular capital project and the pledging
bonds; and of certain nonad valorem revenues, as evidenced
by the project bond,to repay disbursements under
(4) Any other moneys held by the trustee in the program with respect to any particular cap-
connection with repayment of the bonds. ital project.
The words "herein," "hereunder," "hereby,"
Program means the county's capital improve- "hereto," "hereof," and any similar terms shall
ment program which constitutes a portion of the refer to this division.
county's and district's infrastructure needs over (Ord. No. 86-36, § 1)
the next three years and which consists of the Cross reference—Definitions generally, § 1-2.
capital projects set forth in exhibit A attached to
Ord. No. 86-36, as the same may be restated from Sec. 2-652. Findings.
time to time pursuant to resolution of the board of The board of county commissioners hereby finds
county commissioners. and determines that:
Project bond means any revenue bond given by (1) The county and the district have infrastruc-
the county or the district pursuant to the program ture needs and requirements in the form of
evidencing such entity's obligation to repay dis- the program which must be constructed and
bursements made by the trustee of all or a portion acquired over the next three years in order
of the proceeds of the bonds. Project bonds may,at to maintain and protect the health and wel-
the option of the board of county commissioners in fare of the citizens of the county.
CD2:26
ADMINISTRATION § 2-655
(2) The most efficient and cost effective method to secure repayment of disbursements of bond pro-
of funding the program is by the issuance ceeds used to fund such capital project.
of bonds and the use of the proceeds thereof (Ord. No. 86-36, § 4)
to acquire or construct the capital projects
on behalf of the county and/or the district. Sec. 2.655. Issuance of revenue bonds.
(3) The principal of and interest on the bonds (a) The board of county commissioners shall
shall be paid solely from the pledged reve- have the power and it is hereby authorized to pro-
nues. The county shall never use or be re- vide by resolution, at one time or from time to
quired to use any ad valorem taxes for the time in series, for the issuance of bonds of the
payment of the bonds. county for the purpose of paying all or a part of
(Ord. No. 86-36, § 2) the cost of the program. The principal of and in-
terest on each series of bonds shall be payable
Sec. 2-653. Authorization of program. solely from the pledged revenues.
The board of county commissioners is hereby (b) The bonds shall be dated, shall bear interest
authorized and empowered to implement the pro- at such rate or rates, shall mature at such times
gram for the purposes of providing for the coun not exceeding 40 years from their date or dates,as
ty's and the district's current and future infra- may be determined by resolution of the board of
structure needs. The county shall implement the county commissioners, and may be made redeem-
program pursuant to the issuance of the bonds. able before maturity, at the option of the county,
The proceeds of the bonds shall be deposited with at such price or prices and under such terms and
the trustee pursuant to the indenture of trust and conditions as may be fixed by the board of county
shall be disbursed to the county and the district to commissioners.The board of county commissioners
construct and acquire the capital projects. Upon shall determine by resolution the form of the
disbursal of moneys as provided above (except in
bonds, the manner of executing such bonds, and
the case of payment of costs related to the issu shall fix the denomination or denominations of
ance of the bonds) the trustee shall be given a such bonds, the place or places of payment of the
project bond or bonds to evidence the obligation of principal and interest,which may be at any bank
the county or the district to repay the amount or trust company within or without the state,and
disbursed. Such project bond shall be authorized such other terms and provisions of the bonds as it
deems appropriate. In case any of
by supplemental resolution and shall state the officer whose sig
source of payment for the repayments of such nature or a facsimile of whose signature shall ap
project bond,which shall not be ad valorem taxes. pear on any bonds shall cease to be such officer
The project bond may contain such other terms as before the delivery of such bonds, such signature
or such facsimile shall nevertheless be valid and
provided by the supplemental resolution. The
project bond may be payable on parity with other sufficient for all purposes the same as if he had
obligations of the county or district. remained in office until such delivery. The board
(Ord. No. 86-36, § 3) of county commissioners may sell such bonds in
such manner and for such price as it may deter-
mine by resolution to be for the best interests of
Sec. 2-654. Acquisition and construction. the county.
The board of county commissioners is hereby (c) Prior to the preparation of definitive bonds
authorized and empowered to construct and ac- of any series, the board of county commissioners
quire any or all of the capital projects; provided, may, under like restrictions, issue interim re-
however, that prior to using any proceeds of the ceipts, interim certificates, or temporary bonds,
bonds to fund the construction and acquisition of exchangeable for definitive bonds when such bonds
a capital project, it shall authorize such capital have been executed and are available for delivery.
project pursuant to supplemental resolution and The board of county commissioners may also pro-
authorize the issuance of a project bond or bonds vide for the replacement of any bonds which shall
CD2:27
§ 2-655 COLLIER COUNTY CODE
become mutilated, or be destroyed or lost. Bonds trust funds, to be held and applied solely as pro-
may be issued without any other proceedings or vided in this division and in the indenture of trust.
the happening of any other conditions or things Such pledged revenues may be invested by the
than those proceedings,conditions or things which county, or its designee, in investment securities.
are specifically required by this division. The indenture of trust may provide that the
(d) The proceeds of bonds shall be disbursed for pledged revenues shall be subject to the lien and
the payment of the cost of one or more capital pledge of the bondholders upon receipt thereof by
projects in such manner and under such restric the trustee.
tions, if any, as may be provided in the indenture (Ord. No. 86-36, § 7)
of trust.
Sec. 2-658. Remedies of bondholders.
(e) The bonds shall be further secured by an
indenture of trust which may include,but without Any holder of bonds, except to the extent the
limitation, provisions as to the rights and reme- herein given may be restricted by the res-
dies of the trustee and bondholders, the applica- olution authorizing issuance of such bonds or in-
tion of funds and such other matters as are cus-
tomarily in such a document.The county is hereby uity, by suit, action, mandamus or other
authorized to hold bonds pursuant to the inden- proceeding,protect and enforce any and all rights
ture of trust which it has issued until such time as under the laws of the state or granted hereunder
the bonds may be remarketed; such bonds shall or under such resolution or the indenture of trust,
not be considered extinguished during the time and may enforce and compel the performance of
they remain in the possession of the county. all duties required by this part, or by such reso
(Ord. No. 86-36, § 5) lution or the indenture of trust, to be performed
by the county.
Sec. 2-656. Taxing power not pledged. (Ord. No. 86-36, § 8)
Bonds issued under the provisions of this divi-
Sec. 2.659. Interlocal agreement.
sion shall not be deemed to constitute a pledge of
the faith and credit of the county or the district, The county is hereby authorized to enter into
but such bonds shall be payable solely from the an agreement with any district which shall pro-
pledged revenues in the manner provided herein vide that such district may use a portion of the
and by the indenture of trust. The issuance of proceeds of the bonds for capital projects related
bonds under the provisions of this division shall to such district. Such district shall secure the re-
not directly or indirectly or contingently obligate payment of such proceeds with a project bond or
the county or the district to levy or to pledge any bonds obligating itself to repay such proceeds with
form of ad valorem taxation whatever therefor. interest as provided by the indenture of trust.
No holder of any such bonds shall ever have the (Ord. No. 86-36, § 9)
right to compel any exercise of the ad valorem
taxing power on the part of the county or the dis- Sec. 2-660. No adverse action.
trict to pay any such bonds or the interest thereon
or to enforce payment of such bonds or the in- The county shall take no action under this di-
terest thereon against any property of the county vision as shall violate the rights of the holders of
or the district, nor shall such bonds constitute a any obligations of the county or the district which
charge, lien or encumbrance, legal or equitable, are currently outstanding.
upon any property of the county or the district, (Ord. No. 86 36, § 10)
except the pledged revenues.
(Ord. No. 86-36, § 6) Sec. 2-661. Alternative method.
This division shall be deemed to provide an ad-
Sec. 2-657. Trust funds. ditional and alternative method for the doing of
The pledged revenues received pursuant to the the things authorized hereby and shall be re-
authority of this division shall be deemed to be garded as supplemental and additional to powers
CD2:28
ADMINISTRATION §2-827
conferred by other laws and shall not be regarded DIVISION 2. STANDARDS FOR THE
as in derogation of any powers now existing or CREATION AND REVIEW OF BOARDS'
which may hereafter come into existence. This
division, being necessary for the welfare of the Sec. 2-826. Policy declaration.
inhabitants of the county, shall be liberally
construed to effect the purposes hereof.
(Ord. No. 86 36, § 11) it is hereby declared to be the policy of the
Board of County Commissioners to promote
economy, efficiency and improve service in the
transaction of the public business by county
Secs. 2-662-2-815. Reserved. boards. Nothing in this division shall be construed
to prohibit or restrict the county commission
from amending or abolishing, at any time, any
ARTICLE VIII. BOARDS,COMMISSIONS, board currently in existence or thereinafter cre-
COMMITTEES AND AUTHORITIES* ated.
(Ord. No. 01-55, § 1, 10-23-01)
DIVISION 1. GENERALLY
Sec. 2-827. Definitions.
The following words,terms and phrases,when
Secs. 2-816-2-825. Reserved. used in this article, shall have the meanings
ascribed to them in this section, except where
the context clearly indicates a different meaning:
The term "board"is defined to include every
Cross references—Deferred compensation program com-
agency, advisory board, regulatory board, quasi-
mittee,§2-112;airport authority,§18-36 et seq.;contractors' judicial board,committee,task force or any other
licensing board,§22-165;disaster recovery task force,§38-26 group created and funded in whole or in part by
et seq.; small city community development block grant the Board of County Commissioners.
program citizens advisory task force, § 42-36 et seq.; com-
munity block grant development program revolving loan service taxing unit advisory committee, § 122-1801 et seq.;
fund loan administrative committee, § 42-61; law library public vehicle board, § 142-29;public vehicle advisory com-
board of trustees,§46-33;emergency medical services advisory mittee,§ 142-30.
council, § 50-26 et seq.; environmental policy technical Land development code references—Planning coin-
advisory board, § 54-26 et seq.; water pollution control mission, div. 5.2; board of zoning appeals, div. 5.3;
advisory board, § 54-60;public health unit advisory board, environmental advisory board,div.5.13;historic/archaeologi-
§ 66-26 et seq.; food establishment review board, § 66-92; cal preservation board,div. 5.14.
library advisory board, §82-26 et seq.;parks and recreation Special act references—Planning commission, § 250-
advisory board, § 98-26 et seq.; pocket of poverty review 33; board of zoning appeals, § 250-55; governing body of
committee, § 114-26 et seq.;local housing advisory commit- Jaudon Drainage District,§262-52;governing body of Immo-
tee, § 114-63;solid waste management advisory committee, kalee Fire Control District,§262-167;governing body of East
§ 118-26 et seq.; Golden Gate municipal services district Naples Fire Control and Rescue District,§262-202;govern-
advisory committee,§122-202;Ochopee fire district advisory ing body of Marco Island Fire Control District, § 262-335;
board, § 122-229; Westlake municipal services taxing unit district board of Big Corkscrew Island Fire Control and
advisory committee, § 122-378; Immokalee lighting district Rescue District, § 262-442; governing body of Immokalee
advisory committee, § 122-531; Marco Island Community Water and Sewer District, § 262-485; governing body of
Center municipal service taxing and benefit unit advisory North Naples Fire Control and Rescue District, § 262-520;
board, § 122-793; Golden Gate Parkway beautification governing body of Golden Gate Fire Control and Rescue
municipal service taxing unit advisory committee, § 122- District, § 262-574; governing body of Cow Slough Water
1084; Lely Golf Estates beautification municipal service Control District,§262-599.
taxing unit advisory committee, § 122-1448; Marco Island tEditor's note—Ord. No. 01-55, §§ 1-9, adopted Oct.
beach renourishment and public access municipal taxing 23, 2001, did not specifically amend this Code. Hence
unit advisory committee,§ 122-1524;Pelican Bay municipal inclusion of said ordinance provisions as§§2-826-2-834 was
service taxing and benefit unit advisory committee, § 122- at the discretion of the editor to read as herein set out. See
1671 et seq.;forest lakes roadway and drainage municipal the Code Comparative Table.
Supp. No. 70 CD2:29
l §2-827 COLLIER COUNTY CODE
The term "commission"is defined as the Board project. The resolution must set forth the duties
of County Commissioners of Collier County, and responsibilities of the Committee and contain
Florida. language that automatically dissolves the Com-
(Ord. No. 01-55, § 2, 10-23-01) mittee upon completion of the project.
(Ord. No. 01-55,§4, 10-23-01;Ord. No. 2015-41,
Sec. 2-828. Creation of new boards. § 1)
(a) All boards created after the effective date
of this division shall be created by ordinance Sec. 2-830. Qualifications and requirements
only, except for ad-hoc or task force committees. for membership on boards.
Such ordinance shall set forth the board's purpose; (a) All members of county boards shall be
functions; powers; responsibilities; jurisdiction; permanent residents and electors of Collier County
membership requirements and restrictions;terms and should be reputable and active in com-
and conditions of appointment to and removal munity service. The foregoing requirement may
from the board; and the specific staff support be exempted,however,if an ordinance creating a
necessary to prepare an annual report, either board specifies the need for membership outside
oral or written, to be presented to the commis- Collier County's boundaries. In addition, all
sion. board members should have demonstrated an
(b) Prior to the advertised public hearing held interest in the activity or service, which is the
for the adoption of said ordinance, the county purpose of the board. The provisions of this
manager shall submit to the commission a report paragraph may be exempted, however, if an
setting forth following information concerning ordinance creating a board specifies the need for
the proposed new board: membership outside Collier County's boundar-
(1) Whether the establishment of the board ies.
will create sufficient betterment to the (b) Any member of a county board who ceases
community to justify the commission's to be a resident of Collier County during his or
delegation of a portion of its authority. her term of office shall immediately advise the
(2) Whether another board, either public or commission of such change in status. Upon such
notice,the commission shall declare the position
private,already in existence,could serve,
to be vacant and shall promptly fill same pursu-
or is serving the same purpose.
ant to the provisions of section 2-831, herein.
(3) The costs, both direct and indirect, of
establishing and maintaining the new (c) The commission's primary consideration
board. in appointing board members shall be to provide
(4) Whether creation of the new board is the board with the technical, professional,
necessary to enable the county to obtain financial, business or administrative expertise
necessary to effectively accomplish the board's
state or federal grants or other financing.
purpose. Categories of expertise referenced by
(5) Whether the board should have bonding county board's ordinances as qualifications for
authority. board membership are considered to be primar-
(6) Whether creation of a new board is the ily directory and not mandatory.
best method to achieve the benefit desired. (d) No member of any county board shall
(Ord. No. 01-55, § 3, 10-23-01) become a candidate for an elective political office
Sec. 2-829. Exemption to Ordinance and continue to serve on such board during his or
Requirement: Ad Hoc Commit- her candidacy unless such board member/
tees and Task Force Commit- candidate is running unopposed for a non-
remunerative elective position or an elective
tees. position receiving nominal remuneration, such
The Commission may, by resolution, appoint as the Mosquito Control District Board or a fire
an Ad-Hoc or Task Force Committee for a specific district board. Should any county board member
Supp. No. 70 CD2:30
Le, ADMINISTRATION §2-830
compete for an elective non-remunerative politi-
cal office or a nominally-remunerative political
office on the date
Li
v Supp. No. 70 CD2:30.1
�./ ADMINISTRATION §2-833
applications for candidacy expire, such candidacy along with a list detailing the qualifications and
shall be deemed a tender of resignation from such demographic backgrounds of present members
board and the board shall immediately advise the seeking reappointment on each board to which an
commission in writing of said resignation. No appointment is being made.
board member shall be required to resign or (Ord. No. 01-55, § 6, 10-23-01)
deemed to have tendered his or her resignation
unless such candidacy is being opposed.The corn- Sec. 2-832. Term of office.
mission shall deem the position vacant upon
receipt of written notice of said resignation. The (a) Terms of office shall be staggered.
board member shall not serve at any meetings (b) All members of boards created by the corn-
after his or her position becomes vacant pursuant mission shall serve at the pleasure of the commis-
to this ordinance.This provision shall not apply to sion and may automatically be removed by a
candidates who currently serve in elected posi- majority vote of the quorum of the commission.
tions and who are seeking re-election. (Ord. No. 01-55, § 7, 10-23-01; Ord. No. 2009-16,
(e) The commencement of a legal challenge by § 2)
a board member as a plaintiff in a lawsuit against Sec. 2-833. Attendance requirement.
Collier County shall constitute a conflict of inter-
est with Collier County and shall be deemed a It is the intent and strong desire of the corn-
tender of resignation from such board.The county mission that there be full attendance of advisory
board member's position shall automatically be board members at all meetings of the boards,
considered vacant and the commission shall recognizing,however,that it may be necessary for
promptly fill same pursuant to the provisions of board members to be absent from a meeting due
section 2-831, herein. to unusual or emergency circumstances. Never-
(f) full attendance at board meetings is en-
couraged`/ (f) No member of any county board,as defined and necessary for the proper operation
herein, shall print or create, or have printed or of the boards and in furtherance thereof the
created, or use or distribute any business or following requirements are established:
informational card depicting the county logo or in
any way representing such board member as a (1) Any board member who is absent for more
representative of Collier County or as a county than one-half of the board's meetings in a
board member. The county manager or his or her given fiscal year shall be deemed to have
designee may,upon request and prior approval in tendered his or her resignation from such
writing, authorize the county board members to board. The commission shall, as soon as
obtain a county photo identification card identify- practicable after such resignation,declare
ing such members as a county advisory board the position to be vacant and shall promptly
member. fill same pursuant to the provisions of
(Ord. No. 01-55, § 5, 10-23-01; Ord. No. 2006-39, section 2-51 herein. The board members
§ 1; Ord. No. 07-58, § 1; Ord. No. 2009-16, § 1) shall not serve at any meetings after his
or her position is declared vacant by the
Sec. 2-831. Process of appointment. commission.
(a) Vacancies occurring on any board shall be (2) In the event that any board member is
publicized, but need not be advertised, in a pub- absent from two consecutive meetings with-
lication of general circulation within the county, out a satisfactory excuse acceptable to the
and vacancy notices are to be posted in the county board chairperson,the board chairperson
libraries and the county government center. shall state such fact at the next regularly
scheduled board meeting and shall there-
(b) Prior to making appointments to boards, after notify,in writing,the executive man-
staff shall provide the commission with a list ager to the commission of the board mem-
outlining the qualifications and demographic back- ber's failure to attend without a satisfactory
ground of each candidate for board membership, excuse. The commission shall review the
Supp.No.61 CD2:31
V §2-833 COLLIER COUNTY CODE
board chairperson's notification at the com- Sec. 2-847. Creation.
mission meeting and shall declare the Pursuant to the authority granted by F.S. ch.
board member's position to be vacant if 154, pt. III (F.S. § 154.201 et seq.), the Board of
the commission concurs that the board
member was absent from two consecutive County Commissioners hereby creates a public
board meetings without a satisfactory ex- body corporate and politic to be known as the
cuse, and shall promptly fill same pursu Collier County Health Facilities Authority(here-
ant to the provisions of section 2-51 herein. inafter authority ).
The board member shall not serve at any (Ord. No. 79-95, § 2)
State law reference—Power to create health facilities
meetings after his or her position is de- authority,F.S.§ 154.207(1).
Glared vacant.
(3) A member of a board shall be deemed Sec. 2-848. Membership.
absent from a meeting when he or she is The health facilities authority shall be corn-
not present during at least 75 percent of posed of five persons who are residents of the
the meeting. county.
(Ord. No. 01-55, § 8, 10-23-01) (Ord. No. 79-95, § 3)
State law reference Similar provisions,F.S.§154.207(4).
Sec. 2-834. Reserved.
Editor's note—Ord. No. 2009-16, § 3, adopted Apr. 14, Sec. 2-849. Appointment and terms.
2009, repealed § 2-834, which pertained to review of boards The Board of County Commissioners shall ap-
and derived from Ord.No.01-55,§9,adopted Oct.23,2001. point the five members of the health facilities
authority. Of the members first appointed, one
Secs. 2-835-2-845. Reserved. shall serve for one year,one for two years,one for
three years, and two for four years, in each case
DIVISION 3. HEALTH FACILITIES until his successor is appointed and has qualified.
AUTHORITY* Thereafter, the Board of County Commissioners
shall appoint for terms of four years each a
member or members to succeed those whose terms
Sec. 2-846. Findings and declaration of ne- expire.The Board of County Commissioners shall
cessity. fill any vacancy for an unexpired term.A member
The Board of County Commissioners hereby of the authority shall be eligible for reappoint
declares and finds that for the benefit of the ment. Any member of the authority may be re-
people of this county, the increase of their corn- moved by the governing body for misfeasance,
merce, welfare and prosperity, and improvement malfeasance or willful neglect of duty.Each mem-
of their health and living conditions,it is essential ber of the authority, before entering upon his
that the people of this county have access to duties, shall take and subscribe the oath or affir-
adequate medical care and health facilities, and mation required by the state constitution. A re
that it is further essential that such health facil- cord of each oath shall be filed in the department
ities within the county be provided with appropri- of state and with the clerk.
ate additional means to assist in the development (Ord. No. 79-95, § 4)
and maintenance of the public health. The Board State law reference—Similar provisions,F.S.§154.207(4).
of County Commissioners further finds and de- Sec. 2-850. Compensation.
clares that there is a need for a health facilities
authority to function within the county. The members of the health facilities authority
(Ord. No. 79-95, § 1) shall receive no compensation for the perfor-
mance of their duties hereunder, but each mem-
*Cross references—Health and sanitation,ch.66;social
services,ch. 114.
State law reference—Health Facilities Authorities Law,
F.S.§ 154.201 et seq.
L
Supp.No.61 CD2:32
ADMINISTRATION §2-867
ber shall be paid his necessary expenses incurred which many persons and families can
while engaged in the performance of such duties afford and a shortage of capital for invest-
pursuant to F.S. § 112.061. ment in such housing. This shortage
(Ord. No. 79-95, § 5) constitutes a threat to the health, safety,
State law reference—Similar provisions, F.S. morals and welfare of the residents of
§ 154.207(8). the county; deprives the county of an
adequate tax base;and causes the county
Sec. 2-851. Powers. to make excessive expenditures for crime
The purpose of the health facilities authority prevention and control, public health,
is to assist health facilities in the acquisition, welfare and safety, fire and accident
construction, financing and refinancing of the protection, and other public services and
projects in any corporate or unincorporated area facilities.
within the geographical limits of the county. For (2) Such shortage cannot be relieved except
this purpose, the authority may exercise those through the encouragement of invest-
powers that are set forth in the Health Facilities ment by private enterprises and the
Authorities Law to be found in F.S. ch. 154, pt. stimulation of construction and rehabilita-
III (F.S. § 154.201 et seq.). tion of housing through the use of public
(Ord. No. 79-95, § 6) financing.
Sec. 2-852. Area embraced. (3) The financing, acquisition, construction,
reconstruction and rehabilitation of hous-
The area embraced by the terms of this divi- ing and of the real and personal property
sion shall be all that territory located within the and other facilities necessary, incidental
boundaries of the county, except that territory and appurtenant thereto are exclusively
within the corporate limits of municipalities. public uses and purposes for which public
(Ord. No. 79-95, § 7) money may be spent, advanced, loaned
or granted, and are governmental func-
Secs. 2-853-2-865. Reserved. tions of public concern.
DIVISION 4. HOUSING FINANCE (4) The Congress of the United States has,
AUTHORITY* by the enactment of amendments to the
Internal Revenue Code of 1954, found
and determined that housing may be
Sec. 2-866. Legislative authority. financed by means of obligations issued
This division is enacted pursuant to the Florida by any state or local governmental unit,
Housing Finance Authority Law,F.S. ch. 159,pt. the interest on which obligations is exempt
IV(F.S. § 159.601 et seq.) ("the Act"). from federal income taxation, and has
(Ord. No. 80-66, § 1) thereby provided a method to aid state
and local governmental units to provide
Sec. 2-867. Findings of fact. assistance to meet the need for housing.
The Board of County Commissioners finds (5) The state legislature has, by enactment
and declares that: of F.S. ch. 159, pt. IV (F.S. § 159.601 et
seq.), found and determined that local
(1) Within this county there is a shortage of housing finance authorities are the proper
housing available at prices or rentals means by which counties may avail
themselves of the above amendments to
*Cross references—Buildings and building regulations, the Internal Revenue Code and thereby
ch. 22; social services, ch. 114;housing initiatives partner-
ship(SHIP)program,§ 114-56 et seq. assist in meeting local need for housing.
State law reference—Florida Housing Finance Author- (Ord. No. 80-66, § 2)
ity Law,F.S. § 159.601 et seq. State law reference—Required findings,F.S.§159.604(1).
Lie
Supp. No. 83 CD2:33
`,§2-868 COLLIER COUNTY CODE
Sec. 2-868. Created. Sec. 2-870. Powers.
There is hereby created a separate public body The powers of the housing finance authority
corporate and politic to be known as the Housing granted by the act, subject to the limitations
Finance Authority of Collier County, Florida, contained herein,shall be vested in the members
referred to as the "authority," which is directed of the authority in office from time to time.
to carry out and exercise, without limitation Three members shall constitute a quorum, and
except as is herein expressly stated, all powers action may be taken by the authority upon a vote
and public and governmental functions set forth of a majority of the members present. The
in and contemplated by the act,and subject to all authority may employ such agents and employees
limitations and prescriptions set forth in the act. as it deems necessary. The authority may delegate
The authority shall have the power to make and to an agent or employee such powers or duties as
issue such regulations, bylaws and rules as it it may deem proper and may employ its own
deems necessary to implement its powers and legal counsel.
functions. (Ord. No. 80-66, § 6)
(Ord. No. 80-66, § 3)
State law reference—Creation of housing finance author-
ity,F.S. § 159.604(1). Sec. 2-871. Power of county relative to
authority.
Sec. 2-869. Composition. The county may, at its sole discretion, and at
The housing finance authority shall be any time,alter or change the structure,organiza-
composed of five members, one of whom shall be tions,programs or activities of the housing finance
designated chairperson. Not less than three of authority, including the power to terminate the
the members shall be knowledgeable in one of authority,subject to any limitation on the impair-
the following fields: Labor, finance or commerce. ment of contracts entered into by the authority
The terms of the members shall be four years and subject to the limitations or requirements of
each,except that the terms of the initial members the act.
shall be as follows: Two members shall serve a (Ord. 8r § 7)
Statee law ree ferference—Authority to alter or change the
term of one year, one member shall serve a term structure, organization, programs or activities of housing
of two years, one member shall serve a term of finance authority,F.S. §159.604(3).
three years, and one member shall serve a term
of four years. A member shall hold office until Sec. 2-872. County commission to serve as
his successor has been appointed and has quali- authority temporarily.
fled. Each vacancy shall be filled for the remainder
of the unexpired term. Each member of the Until the members of the housing finance
authority shall take and subscribe the oath or authority are appointed, the Board of County
affirmation required by the state constitution. A Commissioners by which this housing finance
record of each such oath shall be filed in the authority is created, shall carry out the powers
office of the clerk of the circuit court, and the of a housing finance authority under this divi-
certificate of the appointment or reappointment sion. The chairman of the Board of County
of any member shall be filed with the clerk of the Commissioners shall be chairman of the housing
circuit court,and the certificate shall be conclusive finance authority;however, the Board of County
evidence of the due and proper appointment of Commissioners shall not delegate its authority
the member.A member shall receive no compensa- to the chairman under this provision.
tion for his services but shall be entitled to (Ord. No. 80-66, § 8)
necessary expenses,including traveling expenses, State law reference—Similar provisions, F.S.
incurred in the discharge of his duties. § 159.605(3).
(Ord. No. 80-66, § 4)
State law reference—Membership of housing finance
authority,F.S. § 159.605(2). Secs. 2-873-2-885. Reserved.
Supp. No. 83 CD2:34
ADMINISTRATION §2-888
DIVISION 5. COASTAL ADVISORY Erosion Control Program and Federal
COMMITTEE* navigation and coastal management
projects);
Sec. 2-886. Creation and purpose of the Col- C. Coordinating with regional and state-
lier County Coastal Advisory wide groups as may be necessary to
Committee. further the goals, and policies of the
In cooperation with the City of Naples and the county;
City of Marco Island,there is hereby created the D. Outlining of coastal zone management
Collier County Coastal Advisory Committee, policies and construction procedures for
hereinafter referred to as the "committee." The
beach nourishment,sediment borrow site
committee is created to assist the Board of identification, inlet management plans,
County Commissioners with its establishment of inlet improvement projects, dredging,
unified beach erosion control and inlet manage- dredge spoil disposal site identification,
ment programs within the unincorporated and coastal erosion trend evaluation, coastal
incorporated areas of the county, and to advise and estuarine habitat protection and
the Board of County Commissioners and the restoration, and other similar activities;
tourist development council (TDC) of project
priorities with respect to funding sources that E. Reporting on innovative proposals by the
are available to the county for restoration and public and staff;
protection of its shoreline. F. Reviewing common,continuous and recur-
(Ord. No. 01-03, § 1, 2-13-01) ring Coastal Water Quality issues that
affect all of Collier County including the
Sec. 2-887. Functions, powers and duties. City of Naples, the City of Marco Island
The functions, powers and duties of the com- and Everglades City. Coastal Water qual-
mittee shall be to advise and make recommenda- ity issues include, but are not limited to,
tions to the Board of County Commissioners and high bacterial, fecal, nutrient, and toxic
the TDC on matters pertaining to the following: metal levels; blue-green algae; red tide;
and other water quality issues that affect
A. Development and implementation of a the bays, estuaries, inlets and shoreline;
long-term beach erosion control program and
within the county to include identifica-
tion of beach segments with common G. Reporting to the Board of County Com-
erosion/accretion histories,recommenda- missioners specific and relevant issues of
tions of beach management strategies for critical importance that if corrected will
each segment, and development of long- positively impact Collier County coastal
term strategies for areas of chronic ero- water quality.
sion; (Ord. No. 01-03, § 2, 2-13-01; Ord. No. 2019-10,
§ 1)
B. Planning and prioritizing of capital
improvement programs related to coastal Sec. 2-888. Appointment and composition;
issues, including recommending alterna- terms of office; attendance and
tive funding sources for the development filling vacancies.
and implementation of coastal manage-
ment and erosion control projects (i.e., The committee shall be composed of nine
grants from the State of Florida Beach members whose representation shall consist of
three members from the unincorporated area of
*Editor's note—Ord. No. 01-03, §§ 1-6, adopted Feb. the county, three members from the City of
13, 2001, did not specifically amend this Code. Hence,
inclusion of said ordinance provisions as§§2-886-2-891 was Naples and three members from the City of
at the discretion of the editor to read as herein set out. See Marco Island. Candidates for the committee
the Code Comparative Table. shall be sought in accordance with the provisions
t
Supp. No. 83 CD2:35
Le§2-888 COLLIER COUNTY CODE
of Collier County Ord. No. 01-55,as amended,or Appointments to fill any vacancies on the coin-
by its successor ordinance,except that the appoint- mittee shall be for the remainder of the unexpired
ments of members from the City of Naples and term of office.
the City of Marco Island shall be appointed from (Ord. No. 01-03,§3,2-13-01;Ord. No. 01-14,§ 1,
a list containing one or more qualified applicants 3-27-01)
submitted by the respective governing bodies of
those cities. Upon confirmation that said individu- Sec. 2-889. Removal from office; failure to
als meet the technical requirements and the attend meetings.
general advisory board requirements specified
below, the Board of County Commissioners shall Committee member attendance requirements,
appoint said individuals to this committee. including failure to attend meetings and member
removal from office are governed by Collier
The initial terms of office of the committee County Ordinance No. 01-55 [sections 2-826
shall be as follows: through 2-834], as amended, or by its successor
Three members shall be for a term of two ordinance.
years; (Ord. No. 01-03, § 4, 2-13-01)
Three members shall be for a term of three Sec. 2-890. Officers; quorum; rules of
years; and
procedure.
Three members shall be for a term of four
years. At its earliest opportunity,the membership of
the committee shall elect a chairman and vice
Thereafter, each appointment or reappoint- chairman from among the members. Officers'
ment shall be for a term of four years. Terms terms shall be for a period of one year, with
`,/shall be staggered between the City of Naples, eligibility for reelection.
the City of Marco Island and Collier County.
The presence of five or more members shall
Membership of this committee shall be constitute a quorum of the committee necessary
assembled based upon familiarity with coastal to take action and transact business.
processes, inlet dynamics, coastal management programs, or demonstrated interest in such The committee shall, by majority vote of the
programs; relevant education and experience; entire membership, adopt rules of procedure for
leadership and involvement in community affairs; the transaction of business and shall keep a
and willingness to attend meetings and to written record of meetings, resolutions, findings
undertake and complete assignments. and determinations. Copies of all committee
minutes, resolutions, reports, and exhibits shall
Members of the committee shall be appointed be submitted to the Board of County Commis-
by and serve at the pleasure of the Board of sioners.
County Commissioners. However,prior to remov- (Ord. No. 01-03, § 5, 2-13-01)
ing a city member, except for cause,the Board of
County Commissioners shall notify the govern- Sec. 2-891. Review process.
ing body of the affected city. Members shall meet
the qualifications for membership and require- This committee shall be reviewed once every
ments as outlined in section five of Ordinance four years in accordance with the procedures
No. 01-55 [section 2-830], as amended, or by its contained in Ordinance No. 01-55 [sections 2-826
successor ordinance. through 2-834], as amended, or its successor
Appointment of members to the committee odinance.
shall be by resolution of the Board of County (Orrd. No. 01-03, § 6, 2-13-01)
Commissioners, which resolution shall set forth
the date of appointment and the term of office. Secs. 2-892-2-905. Reserved.
Supp. No. 83 CD2:36
DIVISION 6. COUNTY GOVERNMENT
PRODUCTIVITY COMMITTEE*
Sec. 2-906. Reestablishment of the County
Government Productivity Com-
mittee.
The County Government Productivity Commit-
tee (the "Committee") is hereby reestablished to
review the efficiency of departments of county
government under the jurisdiction of the Board
of County Commissioners as well as from time-
to-time to take on various assignments as directed
by the Board of County Commissioners.
(Ord. No. 2017-53, § 1; Ord. No. 2021-02, § 1)
Sec. 2-907. Appointment and Composition.
The Committee shall be composed of eleven
members. Of these eleven members, there shall
be one member from each of the five County
Commission Districts, and six at-large members.
Committee candidates for the five County Com-
mission District seats must be nominated by the
Commissioner of the District in which the
candidate resides for both initial and subsequent
terms and receive a simple majority vote of the
Board of County Commissioners. The six at-
large members can be nominated by any Com-
missioner, but must receive a four-fifths vote of
the Board of County Commissioners for appoint-
ment or reappointment. In keeping with
Ordinance 01-55, as amended, the County
Advisory Board Ordinance, members of the Com-
mittee shall be appointed by and serve at the
pleasure of the Board of County Commissioners.
Said members shall be permanent residents and
electors of Collier County.
(Ord. No. 2017-53, § 2; Ord. No. 2021-02, § 2;
Ord. No. 2021-16, § 1)
Sec. 2-908. Terms of Office.
The initial terms of office of the Committee
members shall be as follows:
A. The five District members shall serve an
initial term of two (2) years.
B. The six at-large members shall serve an
initial term of one (1) year.
Thereafter, each appointment or re-appoint-
ment shall be for a term of two (2) years.
Appointments to fill any vacancies on the Com-
mittee shall be for the remainder of the unexpired
term of office.
(Ord. No. 2017-53, § 3; Ord. No. 2018-10, § 1;
Ord. No. 2021-02, § 3; Ord. No. 2021-16, § 1)
Sec. 2-909. Removal from Office.
Removal of members from the County Govern-
ment Productivity Committee shall be in
accordance with the provisions of Collier County
Ordinance No. 2001-55, as amended; however,
any member of the Committee may be removed
from the Committee, with or without cause, by a
majority vote of the Board of County Commis-
sioners.
(Ord. No. 2017-53, § 4; Ord. No. 2021-02, § 4)
Sec. 2-910. Officers; Quorum; Rules of
Procedure.
A. Annually the members of the Committee
shall elect a chairman and vice chairman from
among the members. Officers' terms shall be for
one (1) year with eligibility for re-election.
B. The presence of four or more members
shall constitute a quorum of the Committee
necessary to take action and transact business.
In addition, an affirmative vote of four or more
members shall be necessary in order to take
official action, regardless of whether four or
more members of the Committee are present at
the meeting.
C. The Committee shall, by majority vote of
the entire membership, adopt rules of procedure
or guidelines for the transaction of business and
shall keep a written record of meetings, resolu-
tions, findings and determinations. Any such
rules of procedure or guidelines are subject to
approval by the Board of County Commissioners.
(Ord. No. 2017-53, § 5; Ord. No. 2021-02, § 5;
Ord. No. 2021-16, § 1; Ord. No. 2022-10, § 1)
*Editor’s note—Prior to the inclusion of Ord. No. 2017-53
codified as herein set out, Ord. No. 2013-62, § 5, adopted
Nov. 12, 2013, repealed Div. 6, §§ 2-906—2-914 entitled
"County Government Productivity Committee", which derived
from: Ord. No. 91-10, §§ 1—9; Ord. No. 93-13, §§ 1, 2; Ord.
No. 96-10, §§ 1—3, adopted Mar. 12, 1996; Ord. No. 01-37,
§§ 1—9, adopted June 26, 2001; and Ord. No. 06-38, §§ 1—5.
§ 2-910ADMINISTRATION
CD2:37Supp. No. 120
Sec. 2-911. Reimbursement of Expenses.
Members of the Committee shall serve without
compensation but shall be entitled to receive
reimbursement for expenses reasonably incurred
in the performance of their duties upon prior
approval of the Board of County Commissioners.
(Ord. No. 2017-53, § 6; Ord. No. 2021-02, § 6)
Sec. 2-912. Functions, Powers and Duties
of the Committee.
The function, powers and duties of the Com-
mittee shall be as follows:
A. The Committee shall evaluate depart-
ments and divisions of county govern-
ment under the jurisdiction of the Board
of County Commissioners and determine
if those departments and divisions are
operating at appropriate levels of
efficiency. The objective is to assure the
County's taxpayers that their tax dollars
are being used in an appropriate manner
and the Board of County Commissioners
is taking all reasonable steps to avoid
waste of tax dollars. It is expected that
only two or three departments or divi-
sions will be evaluated in any given year,
and that the Committee shall rotate
departments so that each department or
division is reviewed on a regular basis.
In addition to this primary function, the
Committee shall take on various assign-
ments as directed by the Board of County
Commissioners.
B. The Committee may establish subcom-
mittees who are each assigned a specific
department or division to review.
C. The Committee shall prepare a report of
findings and recommendations to be
submitted directly to the Board of County
Commissioners at the last Commission
meeting prior to June 1 of each year;
provided, however, that such report and
recommendations shall be submitted to
the County Manager's Office by May 1 of
each year to provide an opportunity for
Staff review.
D. Committee meetings shall be open to the
public.
(Ord. No. 2017-53, § 7; Ord. No. 2021-02, § 7)
Sec. 2-913. Duties of the County
Manager's Office and the Clerk
of Courts.
The County Manager's Office will provide
such documentation, information, descriptions of
procedures, administrative support and general
assistance to the Committee as may be necessary
for the Committee to carry out its functions as
set forth herein.
The Clerk of Courts may provide the Commit-
tee with technical assistance relating to the
Committee's reviews.
(Ord. No. 2017-53, § 8; Ord. No. 2021-02, § 8)
Sec. 2-914. Repeal of County Ordinance
Nos. 2017-53 and 2018-10.
This Ordinance is intended to repeal and
replace County Ordinance Nos. 2017-53 and
2018-10, which are hereby repealed in their
entirety.
(Ord. No.2021-02, § 9)
Editor’s note—Formerly § 2-914 was entitled "Review
Process," and derived from Ord. No. 2017-53, § 9, which was
repealed by Ord. No. 2021-02.
Secs. 2-915—2-925. Reserved.
DIVISION 7. IMMOKALEE COMMUNITY
REDEVELOPMENT ADVISORY BOARD*
Sec. 2-926. Establishment of the Immoka-
lee Community Redevelopment
Advisory Board.
The Board of County Commissioners hereby
establishes the Immokalee Community Redevelop-
ment Advisory Board (the "Committee"). The
purpose of the Committee is to serve as the
primary source of community input to the CRA
and Board regarding the Immokalee Community
Redevelopment Area and MSTU, and to make
recommendations to the CRA and Board to further
*Editor’s note—Former Div. 7, "Hispanic Affairs Advisory
Board" §§ 2-926—2-934 was repealed by Ord. No. 2014-32,
§ 1, adopted July 8, 2014.
§ 2-911 COLLIER COUNTY CODE
CD2:38Supp. No. 120
the goals of the Immokalee Community Redevelop-
ment Area component of the Collier County
Community Redevelopment Area Plan and MSTU.
(Ord. No. 2025-27, § 1)
Sec. 2-927. Functions, Powers and Duties
of the Committee.
The function, powers and duties of the Com-
mittee shall be as follows:
A. To aid and assist the Board of County
Commissioners in carrying out the
purposes of providing landscape
beautification as set forth in Collier
County Ordinance No. 92-40, as it may
be amended from time to time.
B. To prepare and recommend to the Board
of County Commissioners an itemized
budget of the amount of money required
to carry out the business of the MSTU for
the next fiscal year. In carrying out this
responsibility, the Committee shall, no
later than April 1 of each year, meet with
the County Administrator or his designee
and outline to the County Administrator
or his designee those projects which the
Committee wishes to see accomplished
during the next fiscal year. Based upon
this information, the County Administra-
tor or his designee shall prepare a
proposed budget for the Municipal Service
Taxing Unit, in accordance with the
standard County guidelines regarding
the preparation of budgets. This proposed
budget shall then be reviewed by the
Committee and upon approval by the
Committee be transmitted through the
County Administrator or his designee to
the Board of County Commissioners for
adoption in accordance with the
procedures for the adoption of budgets
set forth under general law and the
Board of County Commissioners' policy.
Should the Committee fail to approve a
budget by June 1 of each year, the County
Administrator or his designee shall be
authorized to submit a proposed budget
to the Board of County Commissioners.
C. To recommend MSTU work programs
and priorities to the County Administra-
tor or his designee in accordance with
the adopted budget or budget amend-
ments which may be adopted by the
Board of County Commissioners. The
execution of work programs shall be under
the direct supervision and responsibility
of the County Administrator or his
designee. Said work may be performed
under contract (in accordance with law)
or by County workforce. Upon Board
direction, following approval of the Col-
lier County Community Redevelopment
Agency, the designee may be the Execu-
tive Director of the Immokalee Com-
munity Redevelopment Agency, who may
employ staff to help carry out the duties
set forth below.
D. To review the Immokalee Community
Redevelopment Area component of the
Collier County Community Redevelop-
ment Plan and when necessary recom-
mend to the CRA any changes to the
Plan.
E. To develop plans and budgets including
expected personnel costs to realize the
goals of the Immokalee Community
Redevelopment Area component of the
Collier County Community Redevelop-
ment Plan including developing an annual
work program, identifying project priori-
ties, identifying appropriate capital
expenditures, and developing incentives
to further the redevelopment efforts and
recommendations to the CRA on CRA
Plan implementation, including develop-
ing an annual work program, setting
project priorities and developing incen-
tives to further the redevelopment efforts
and carry out and effectuate the purposes
and provisions of Part III, Chapter 163,
Florida Statutes, the Community
Redevelopment Act to be reviewed and
approved by the CRA prior to each fiscal
year.
F. Consistent with the plans and budgets
approved by the CRA, identify and employ
or retain by contract such staff, person-
§ 2-927ADMINISTRATION
CD2:39Supp. No. 120
nel, technical experts, legal counsel, and
other such agents and employees,
permanent or temporary, as it requires,
and determine their qualifications and
duties. The Advisory Board may request
and recommend contracts either with the
County or with other persons, firms and
individuals to provide services for and on
behalf of the CRA.
G. To receive input from members of the
public interested in redevelopment of the
Immokalee Community Redevelopment
Area and beautification of Immokalee
through MSTU projects, and to report
such information to the CRA.
H. To maintain general oversight of all CRA
activities, acquisitions, or other undertak-
ings consistent with the power and author-
ity delineated in Part III, Chapter 163
Florida Statutes that may further the
interests of the Immokalee Community
Redevelopment Area and facilitate realiza-
tion of the Redevelopment Plan.
I. To perform other duties as directed by
the Board or CRA.
(Ord. No. 2025-27, § 2)
Sec. 2-928. Appointment and Composition.
The Committee shall be composed of nine
voting members and two non-voting members.
In keeping with Ordinance 01-55, as amended,
the County Advisory Board Ordinance, members
of the Committee shall be appointed and serve at
the pleasure of the Board of County Commission-
ers. The membership of the Committee will be as
follows:
(1) Two voting members shall be permanent
residents within the Immokalee Com-
munity Redevelopment Area and elec-
tors of Collier County.
(2) Two voting members shall be an owner
or appointed representative of a business
or commercial property within the Immo-
kalee Community Redevelopment Area.
(3) One voting member shall be an owner or
appointed representative of a non-profit
entity owning property and operating
within the Immokalee Community
Redevelopment Area.
(4) One voting member shall be a permanent
resident within the MSTU and elector of
Collier County.
(5) Three voting members shall be at-large
members who are either permanent
residents within the Immokalee Com-
munity Redevelopment Area or an owner
of a business or commercial property
within the Immokalee Community
Redevelopment Area or an owner or
appointed representative of a non-profit
entity owning property and operating
within Immokalee Community Redevelop-
ment Area.
(6) Two non-voting members shall be at-
large members who are either permanent
residents within the Immokalee Com-
munity Redevelopment Area or an owner
of a business or commercial property
within the Immokalee Community
Redevelopment Area or an owner or
appointed representative of a non-profit
entity owning property and operating
within Immokalee Community Redevelop-
ment Area.
(Ord. No. 2025-27, § 3)
Sec. 2-929. Terms of Office.
The initial terms of office of the Committee
members shall be as follows:
(1) Three voting members shall serve an
initial term of two years.
(2) Three voting members shall serve an
initial term of three years.
(3) Three voting members shall serve an
initial term of four years.
(4) The non-voting members shall serve an
initial term of four years.
Thereafter, each appointment or re-appoint-
ment shall be for a term of four (4) years.
§ 2-927 COLLIER COUNTY CODE
CD2:40Supp. No. 120
Appointments to fill any vacancies on the Com-
mittee shall be for the remainder of the unexpired
term of office.
(Ord. No. 2025-27, § 4)
Sec. 2-930. Removal from Office.
Removal of members from the Committee
shall be in accordance with the provisions of
Collier County Ordinance No. 2001-55, as
amended; however, any member of the Commit-
tee may be removed from the Committee, with or
without cause, by a majority vote of the Board of
County Commissioners.
(Ord. No. 2025-27, § 5)
Sec. 2-931. Officers; Quorum; Rules of
Procedure.
A. Annually the members of the Committee
shall elect a chairman and vice chairman from
among the members. Officers' terms shall be for
one (1) year with eligibility for re-election.
B. The presence of five or more members
shall constitute a quorum of the Committee
necessary to take action and transact business.
C. Initially, the CRA will approve By-laws of
the Committee. Thereafter, the Committee shall,
by majority vote of the entire membership, adopt
rules of procedure or guidelines for the transac-
tion of business and shall keep a written record
of meetings, resolutions, findings and determina-
tions. Any such rules of procedure or guidelines
are subject to approval by the CRA.
(Ord. No. 2025-27, § 6)
Sec. 2-932. Reimbursement of Expenses.
Members of the Committee shall serve without
compensation but shall be entitled to receive
reimbursement for expenses reasonably incurred
in the performance of their duties upon prior
approval of the Board of County Commissioners.
(Ord. No. 2025-27, § 7)
Sec. 2-933. Separation of MSTU and CRA
Accounts.
MSTU funds will be in a Board of County
Commissioners account. CRA funds will be in a
CRA account. The MSTU fund account and CRA
fund account shall at all times be separate
accounts and not co-mingled.
(Ord. No. 2025-27, § 8)
Secs. 2-934—2-945. Reserved.
DIVISION 8. BLACK AFFAIRS ADVISORY
BOARD*
Sec. 2-946. Created.
The Black affairs advisory board (hereinafter
referred to as the "board") is hereby created.
(Ord. No. 91-38, § 1)
Sec. 2-947. Appointment and composition.
(a) The Black affairs advisory board shall be
composed of nine members to be appointed by
resolution of the Board of County Commission-
ers.
(b) Members of the board shall be appointed
by and serve at the pleasure of the Board of
County Commissioners. Said members shall be
permanent residents and electors of the county.
(c) Appointment of members to the board
shall be by resolution of the Board of County
Commissioners, which resolution shall set forth
the date of appointment and the term of office.
(Ord. No. 91-38, § 2; Ord. No. 91-77, § 1)
Sec. 2-948. Terms of office.
(a) The initial terms of office of the Black
affairs advisory board members shall be as fol-
lows:
(1) Three members shall serve for two years.
(2) Three members shall serve for three
years.
(3) Three members shall serve for four years.
(b) Thereafter, each appointment or reappoint-
ment shall be for a term of four years. A member
of the board may be reappointed by the Board of
County Commissioners for one successive term.
However, other qualified applicants may be
*Cross reference—Human rights, ch. 70.
§ 2-948ADMINISTRATION
CD2:41Supp. No. 120
considered for any vacancy. Appointments to fill
any vacancies on the board shall be for the
remainder of the unexpired term of office.
(Ord. No. 91-38, § 3; Ord. No. 91-77, § 2)
Sec. 2-949. Removal from office; failure to
attend meetings.
(a) Any member of the Black affairs advisory
board may be removed from office, with or
without cause, by a majority vote of the Board of
County Commissioners.
(b) If any member of the board fails to attend
two consecutive board meetings without a satisfac-
tory excuse or if a member is absent from more
than one-half of the board's meetings in a given
fiscal year, the board shall declare the member's
seat to be vacant and the vacancy shall be filled
by the Board of County Commissioners.
(Ord. No. 91-38, § 4)
Sec. 2-950. Officers; quorum; rules of
procedure.
(a) Annually the membership of the Black
affairs advisory board shall elect a chairman and
vice-chairman from among the members. Officers'
terms shall be for one year with eligibility for
reelection.
(b) The presence of 50 percent plus one of the
number of appointed members shall constitute a
quorum of the board necessary to take action and
transact business. At least four appointed
members shall be present in order to transact
any official business of the board. In addition, an
affirmative vote of three or more members shall
be necessary in order to take official action,
regardless of whether four or more members of
the board are present at the meeting.
(c) The board shall, by majority vote of the
entire membership, adopt rules of procedure for
the transaction of business and shall keep a
written record of meetings, resolutions, findings
and determinations. Copies of all board minutes,
resolutions, reports, and exhibits shall be submit-
ted to the Board of County Commissioners.
(d) All board meetings shall be open to the
public.
(Ord. No. 91-38, § 5; Ord. No. 91-77, § 3; Ord.
No. 03-08, § 1)
Sec. 2-951. Reimbursement of expenses.
Members of the Black affairs advisory board
shall serve without compensation, but shall be
entitled to receive reimbursement for expenses
reasonably incurred in the performance of their
duties upon prior approval of the Board of
County Commissioners.
(Ord. No. 91-38, § 6)
Sec. 2-952. Functions, powers and duties.
The functions, powers and duties of the Black
affairs advisory board shall be as follows:
(1) The board shall identify and evaluate
problems unique to the Black com-
munity.
(2) The board shall review and recommend
ways to ensure open communication
between minorities and the county govern-
ment to help promote and foster better
understanding by the county of the
problems facing the minority population.
(3) The board shall provide periodic reports
directly to the Board of County Commis-
sioners for review.
(4) The board may and is encouraged to have
joint meetings with the Hispanic affairs
advisory board when deemed necessary
to evaluate problems common to both the
Hispanic and Black communities.
(Ord. No. 91-38, § 7)
Sec. 2-953. Duties of county administrator.
The duties of the county administrator and
his designees shall be to serve as staff advisers
and advise the Black affairs advisory board on
county procedures and provide technical sup-
port.
(Ord. No. 91-38, § 8)
§ 2-948 COLLIER COUNTY CODE
CD2:42Supp. No. 120
Sec. 2-954. Review process.
This Black affairs advisory board shall be
reviewed once every four years commencing in
1995, in accordance with the procedures contained
in division 2 of this article.
(Ord. No. 91-38, § 9)
Secs. 2-955—2-965. Reserved.
§ 2-965ADMINISTRATION
CD2:42.1Supp. No. 120
ADMINISTRATION §2-969
DIVISION 9. COLLIER COUNTY PUBLIC Sec. 2-968. Appointment and composition,
TRANSIT ADVISORY COMMITTEE terms of office, attendance and
filling of vacancies.
Sec. 2-966. Creation and purpose of the Col- The Advisory Committee shall be composed of
Tier County Public Transit seven members whose membership shall include
Advisory Committee. one representative designated by the District
The Board of County Commissioners hereby School Board of Collier County and, if possible,
converts the Collier County Public Transit include representatives from large employers,
Advisory Committee (hereinafter the "Advisory health care related services, social services, and
Committee") from an ad hoc committee to a transportation and planning professional. If pos-
permanent advisory board. The purpose of the sible, at least two representatives shall be pas-
Advisory Committee is to make recommenda- sengers of the system.
tions to the Board of County Commissioners in Members of the Advisory Committee shall be
matters related to transit policies, issues, appointed and serve at the pleasure of the Board
programs, and plans to provide mass transit of County Commissioners. Members shall be
services to the citizens of Collier County,Florida. sought in accordance with and shall meet the
Upon the effective date of this Ordinance,Resolu-
qualifications for membership and requirements
tion No. 2013-50, as amended,which established outlines in Ordinance No. 01 55, as amended, or
this as an ad hoc committee,is repealed and is no by its successor ordinance,except that an applica-
longer of any force or effect.
(Ord. No. 2016-07, § 1) tion from a principal or representative of a large
employer who resides outside of Collier County
may be considered where the large employer is
Sec. 2-967. Functions,powers and duties of located within Collier County boundaries.
the advisory committee. Appointment of members to the Advisory Com-
The functions, powers and duties of the mittee shall be by resolution of the Board of
Advisory Committee shall be: County Commissioner,which resolution shall set
1. To review and make recommendations to forth the date of appointment. The initial terms
the Board of County Commissioners of the committee shall be as follows:
regarding transit policy,issues,programs (1) Two members shall be appointed for a
and plans that will support the purpose term of one year.
as set forth herein. (2) Two members shall be appointed for a
2. To evaluate established policies, term of two years.
procedure, ordinances and development (3) Three members shall be appointed for a
regulations and make recommendations term of three years.
in support of efficient and effective public
transit for the future. Thereafter, each appointment or reappoint-
ment shall be for a term of three years. Appoint-
3. To serve as a forum for advancing county ments to fill any vacancies on the committee
wide public transportation. shall be for the remainder of the unexpired term
4. To provide to the Board of County Com- of office.
missioners a program plan as provided in (Ord. No. 2016-07, § 3)
the Transit Development Plan.
5. To provide to the Board of County Com- Sec. 2-969. Removal from office; failure to
missioners a work plan detailing the attend meetings.
goals and objectives of the Advisory Com- Removal from office and attendance require-
mittee to be undertaken for the following ments shall be governed by Ordinance No. 01-55,
year. as amended, or by its successor ordinance.
(Ord. No. 2016-07, § 2) (Ord. No. 2016-07, § 4)
Supp. No. 64 CD2:43
§2-970 COLLIER COUNTY CODE
Sec. 2-970. Officers, quorum, and rules of composed of nine members who shall be appointed
procedure. by the Collier County Board of County Commis-
sioners.
At its earliest opportunity, the membership of (Ord. No. 92-18, § 2; Ord. No. 98-96, § 1; Ord.
the Advisory Committee shall elect a chairman No. 04-57, § 1)
and vice chairman from among the members.
Officers shall serve for a one-year term with Sec. 2-988. Composition of membership.
eligibility for reelection. The presence of four(4)
or more members shall constitute a quorum of The membership of the Collier County Tourist
the Advisory Committee necessary to take action Development Council shall be composed as fol-
and transact business. lows:
The Advisory Committee shall, by majority (1) The Chairman of the Board of County
vote of the entire membership, adopt by-laws for Commissioners of Collier County or any
the scope and transaction of business to be other members of the Board of County
approved by the Board of County Commissioner. Commissioners as designated by the
The Advisory Committee shall keep a written Chairman to serve on the Council.
record of meetings, resolutions, findings and (2) Two members of the Council must be
determinations. Copies of all Advisory Commit- elected municipal officials. One member
tee minutes, resolutions, reports and exhibits shall be from the City of Naples, and the
shall be submitted to the Board of County Com- other member shall be from the City of
missioners. Marco Island. These members shall be
(Ord. No. 2016-07, § 5) appointed from a list containing one or
more qualified applicants submitted by
the respective governing bodies of those
— Secs. 2-971-2-985. Reserved. cities.
10. TOURIST DEVELOPMENT (3) Three members shall be owners or opera-
DIVISIONCOUNCIL* tors of motels,hotels,recreational vehicle
parks, or other tourist accommodations
in the County subject to any tourist
Sec. 2-986. Purpose. development tax levied pursuant to F.S.
§ 125.0104. In appointing such members,
This division is adopted pursuant to the author- the Board of County Commissioners will
ity and requirements of F.S. § 125.0104 for the strive to obtain a membership guideline
purpose of establishing the county tourist develop- of two of these members being owners or
ment council. It is the intention of the Board of operators of motels or hotels, and one
County Commissioners to consider the enact- member who is otherwise qualified.
ment of an ordinance levying and imposing the
tourist development tax. (4) Three members of the Council shall be
(Ord. No. 92-18, § 1) persons who are involved in the tourist
industry and who have demonstrated an
interest in tourist development, but who
Sec. 2-987. Establishment. are not owners or operators of motels,
hotels,recreational vehicle parks or other
There is hereby established the Collier County tourist accommodations in the County
Tourist Development Council which shall be which would be subject to any tourist
*Cross references—Additional tourist development development tax.
council, § 112-86; tourist development tax (lodging tax),
§ 126-51 et seq. (5) Of the six members who are either owners
State law reference—Tourist development council,F.S. or operators, or persons involved in the
§ 125.0104(4)(e). tourist industry, one member shall be
Supp. No. 64 CD2:44
appointed from a list containing one or
more qualified applicants submitted by
the governing body of the City of
Everglades City.
All members of the Collier County Tourist
Development Council shall be electors of Collier
County and the members shall serve at the
pleasure of the Board of County Commissioners
for staggered terms of four (4) years. The terms
of office of the original members shall be prescribed
in the resolution appointing the original members.
(Ord. No. 92-18, § 3; Ord. No. 98-96, § 1; Ord.
No. 00-44, § 1; Ord. No. 04-57, § 2; Ord. No.
2012-18, § 1)
Sec. 2-989. Resolution of appointment.
The members of the county tourist develop-
ment council shall be designated and approved
pursuant to a resolution adopted by the Board of
County Commissioners. The resolution shall set
forth the names of the members of the tourist
development council and the term of each member.
In addition, the Board of County Commissioners
shall designate the chairman of the council in
said resolution or shall provide the authority for
the council to elect a chairman from its member-
ship.
(Ord. No. 92-18, § 4)
Sec. 2-990. Responsibilities and duties.
(a) It shall be the duty and responsibility
solely of the Board of County Commissioners as
the taxing authority of the county to consider
and determine if an ordinance shall be enacted
levying and imposing a tourist development tax
subject to referendum election. Prior to enact-
ment of an ordinance levying and imposing a
tourist development tax, the tourist develop-
ment council shall prepare and submit to the
Board of County Commissioners for its approval
a plan for the use of tourist development tax
revenues. It shall be the administrative duty of
the tourist development council as an advisory
council to advise the Board of County Commis-
sioners regarding the elements of a plan and
recommend to the Board of County Commission-
ers a plan for the uses of tourist development tax
revenues, which plan the Board of County Com-
missioners shall thereafter consider, modify, and/or
adopt for submittal to the voters by referendum.
The plan shall set forth the anticipated net
tourist development tax revenue to be derived by
the county for the 24 months following the levy
of the tax; the tax district in which the tourist
development tax is proposed; and a list, in the
order of priority, of the proposed uses of the tax
revenue by specific project or special use as the
same are authorized under F.S. § 125.0104(5).
The plan shall include the approximate cost or
expense allocation for each specific project or
special use. The plan shall be submitted on or
before July 1, 1992, by the tourist development
council to the Board of County Commissioners
for its modification or approval.
(b) In the event the tourist development council
as an advisory body is unable to fulfill its
responsibility and duty to prepare and submit in
a timely fashion a tourist development tax plan
which includes all statutorily required elements,
the Board of County Commissioners may at its
option dissolve the existing tourist development
council and reappoint a new tourist development
council by resolution. Additionally, the Board of
County Commissioners may, at its option, pursue
any and all legal remedies available to ensure
performance by the tourist development council
of its duties and responsibilities.
(c) Upon adoption of an ordinance levying and
imposing a tourist development tax, the tourist
development council shall make recommenda-
tions to the Board of County Commissioners for
the effective operation of the special projects or
for uses of the tourist development tax revenue.
The tourist development council shall continu-
ously review expenditures of revenues from the
tourist development trust fund and shall receive,
at least quarterly, expenditure reports from the
Board of County Commissioners or its designee.
Expenditures which the council believes to be
unauthorized shall be reported to the Board of
County Commissioners and the department of
revenue for review pursuant to F.S.
§ 125.0104(4)(e).
(Ord. No. 92-18, § 5)
Sec. 2-991. Meetings.
The county tourist development council shall
meet from time to time as determined necessary
§ 2-991ADMINISTRATION
CD2:45Supp. No. 112
by the council in order to meet the time deadlines
and response requirements established by the
Board of County Commissioners herein; provided,
however, that the tourist development council
shall meet at least once each quarter.
(Ord. No. 92-18, § 6)
Sec. 2-992. Officers; quorum; rules of
procedure.
(a) The chairman of the tourist development
council shall be designated by the Board of
County Commissioners or, if authorized by the
Board of County Commissioners, the member-
ship of the committee shall elect a chairman
from among the members. Further, the member-
ship of the tourist development council shall
elect a vice-chairman from among the member-
ship. The chairman and vice-chairman shall be
appointed or elected, as applicable, annually and
may be reelected or reappointed.
(b) The presence of five or more members
shall constitute a quorum of the tourist develop-
ment council necessary to take action and transact
business.
(c) The council shall, by majority vote of the
entire membership, adopt rules of procedure for
the transaction of business and shall keep a
written record of meetings, resolutions, findings
and determinations. Copies of all tourist develop-
ment council minutes, resolutions, reports, and
exhibits shall be submitted to the Board of
County Commissioners.
(Ord. No. 92-18, § 7)
Sec. 2-993. Compensation.
Members of the tourist development council
shall serve without compensation, but may be
entitled to receive reimbursement for expenses
reasonably incurred in the performance of their
duties upon prior approval of the Board of
County Commissioners.
(Ord. No. 92-18, § 9)
Secs. 2-994—2-1005. Reserved.
DIVISION 11. RESERVED*
Secs. 2-1006—2-1030. Reserved.
DIVISION 12. DEVELOPMENT SERVICES
ADVISORY COMMITTEE†
Sec. 2-1031. Created.
The county development services advisory com-
mittee is hereby created to provide reports and
recommendations to the Board of County Com-
missioners to assist in the enhancement of
operational efficiency and budgetary account-
ability within the community development and
environmental services division and to serve as a
primary communication link between the com-
munity development and environmental services
division, the development industry and the citizens
of the county.
(Ord. No. 93-76, § 1; Ord. No. 95-60, § 1, 11-7-95)
Sec. 2-1032. Appointment and composi-
tion.
(a) The development services advisory com-
mittee shall be composed of 16 members.
(b) Members shall represent the various
aspects of the development industry with one or
more members from each of the following clas-
sifications: architect, general contractor,
residential or builder contractor, environmental-
ist, land planner, land developer, landscape
architect, professional engineer, utility contrac-
tor, plumbing contractor, electrical contractor,
structural engineer, a non-voting member of the
Affordable Housing Advisory Committee, and
attorney. In the event that members cannot be
secured filling all the classifications listed above,
other individuals may be considered.
*Editor’s note—Ord. No. 2007-44, § 1, repealed div. 11
in its entirety. Formerly, said division pertained to the Code
Enforcement and Public Nuisance Abatement Boards as
enacted by Sections 2—16 of Ord. No. 2005-55. The users
attention is directed to art. XI of this chapter for similar
provisions.
†Cross references—Buildings and building regulations,
ch. 22; development services department, § 22-30;
manufactured homes and trailers, ch. 86; planning, ch. 106.
Land development code reference—Development
services department, div. 5.10.
§ 2-991 COLLIER COUNTY CODE
CD2:46Supp. No. 112
(c) Members of the committee shall serve at
the pleasure of the Board of County Commission-
ers and shall be permanent residents and elec-
tors of the county.
(d) Appointment of members to the commit-
tee shall be by resolution of the Board of County
Commissioners and such resolution shall set
forth the date of appointment and the term of
office of each member.
(Ord. No. 93-76, § 2; Ord. No. 95-60, § 2, 11-7-95;
Ord. No. 2023-40, § 1)
Sec. 2-1033. Terms of office.
(a) The initial terms of office of the develop-
ment services advisory committee members shall
be as follows:
(1) Six members to serve for two years.
(2) Five members to serve for three years.
(3) Four members to serve for four years.
(b) Thereafter, each appointment or reappoint-
ment shall be for a term of four years. Terms of
office shall be limited to two consecutive terms of
service. Appointments to fill any vacancies on
the committee shall be for the remainder of the
unexpired term of office.
(Ord. No. 93-76, § 3; Ord. No. 95-60, § 3, 11-7-95)
Sec. 2-1034. Removal from office; failure
to attend meetings.
(a) Any member of the development services
advisory committee may be removed from office,
with or without cause, by a majority vote of the
Board of County Commissioners.
(b) In the event that any committee member
is absent from two consecutive committee meet-
ings without a satisfactory excuse acceptable to
the committee chairman, the committee chair-
man shall state such fact at the next regularly
scheduled committee meeting and shall thereafter
notify, in writing, the community development
and environmental services administrator or his
designee of the committee member's failure to
attend without satisfactory excuse. The Board of
County Commissioners shall review the commit-
tee chairman's notification at a board meeting
and shall declare the committee member's posi-
tion to be vacant if the commission concurs that
the committee member was absent from two
consecutive committee meetings without a
satisfactory excuse and shall promptly fill the
vacant position. The committee member shall
not serve at any meetings after his position is
declared vacant.
(c) If any member of the committee is absent
for more than one-half of the committee's meet-
ings in a given fiscal year, it shall be deemed that
the member has tendered his resignation from
such committee. The Board of County Commis-
sioners shall as soon as practicable after such
resignation, declare the position to be vacant
and shall promptly act to fill the vacancy. The
committee member shall not serve at any meet-
ings after his position has been declared vacant
by the Board of County Commissioners.
(d) A member of the committee shall be deemed
absent from a meeting when he is not present
during at least 75 percent of the meeting.
(Ord. No. 93-76, § 4; Ord. No. 95-60, § 4, 11-7-95)
Sec. 2-1035. Officers; quorum; rules of
procedure.
(a) Annually the membership of the develop-
ment services advisory committee shall elect a
chairman and vice-chairman from among the
members. Officers' terms shall be for one year
with eligibility for reelection.
(b) The presence of eight or more members
shall constitute a quorum. A majority vote of
those members present is necessary to take
action and transact business.
(c) The committee shall, by majority vote of
the entire membership, adopt rules of procedure
for the transaction of business and shall keep a
written record of meetings, resolutions, findings
and determinations. Copies of all committee
minutes, resolutions, reports, and exhibits shall
be submitted to the Board of County Commis-
sioners.
(d) Clerical and reasonable staff support shall
be provided by the county community develop-
ment and environmental services division.
(Ord. No. 93-76, § 5; Ord. No. 95-60, § 5, 11-7-95)
§ 2-1035ADMINISTRATION
CD2:47Supp. No. 112
Sec. 2-1036. Reimbursement of expenses.
Members of the development services advisory
committee shall serve without compensation,
but shall be entitled to receive reimbursement
for expenses reasonably incurred in the
performance of their duties upon prior approval
of the Board of County Commissioners.
(Ord. No. 93-76, § 6; Ord. No. 95-60, § 6, 11-7-95)
Sec. 2-1037. Functions, powers and duties.
The functions, powers and duties of the develop-
ment services advisory committee shall be as
follows:
(1) To serve as a primary communication
link between the community develop-
ment services division and the develop-
ment industry, which includes
environmentalists, designers, developers
and contractors involved in both site
work and building construction.
(2) To make recommendations as to rules
and procedures to enhance the operational
efficiency and budgetary accountability
which may include plan review, permit
issuance, inspections, code enforcement,
contractor licensing, facility improve-
ments and building and development
related fees.
(3) To identify concerns of the development
industry and present them at regularly
scheduled advisory committee meetings.
(4) To provide input to staff regarding the
creation of new rules, processes and
procedures associated with the develop-
ment industry.
(5) To increase the awareness of adopted
building and development standards by
promoting development industry
educational programs.
(6) To prepare and recommend to the Board
of County Commissioners technical and
ad-
§ 2-1036 COLLIER COUNTY CODE
CD2:48Supp. No. 112
ministrative programs designed to
enhance the proficiency and customer
services of the community development
and environmental services division.
(7) To develop an advisory committee monitor-
ing program of the key review activities
of the division for the purpose of provid-
ing continuing feedback on both the qual-
ity and quantity of services rendered by
the division.
(8) To design a technical review/customer
service evaluation form for response by
users of the community development
services division.
(9) To submit an annual report to the county
administrator and the Board of County
Commissioners which shall summarize
findings and issues during the report
year and the status of their resolution.
(10) To review proposed ordinances and codes
that may affect the community develop-
ment and environmental services divi-
sion prior to their submittal to the Board
of County Commissioners for approval.
(11) To perform or assist with any other
function or duty as requested by the
county administrator or the Board of
County Commissioners.
(12) To adopt and amend guidelines to govern
their meetings and operations, subject to
the approval of the Board of County
Commissioners.
(13) The committee meetings shall be open to
the public.
(Ord. No. 93-76, § 7; Ord. No. 95-60, § 7, 11-7-95)
Sec. 2-1038. Duties of community develop-
ment and environmental
services division administra-
tor or his designee.
The duties of the community development
services division administrator or his designee
shall be:
(1) To administer the activities of the county
development services advisory commit-
tee in accordance with established poli-
cies and guidelines of the Board of County
Commissioners.
(2) To provide technical information, county
operational procedures and support rela-
tive to the community development activi-
ties of the community development and
environmental services division.
(3) To assure that all reports, studies, plans,
etc., are forwarded to the county
administrator and the Board of County
Commissioners for their review.
(4) To attend, or have his designee attend,
all county development services advisory
committee meetings.
(Ord. No. 93-76, § 8; Ord. No. 95-60, § 8, 11-7-95)
Sec. 2-1039. Review process.
This committee shall be reviewed once every
four years commencing in 1997, in accordance
with the procedures contained in division 2 of
this article.
(Ord. No. 93-76, § 9; Ord. No. 95-60, § 9, 11-7-95)
Secs. 2-1040—2-1050. Reserved.
DIVISION 13. RESERVED*
Secs. 2-1051—2-1070. Reserved.
DIVISION 14. COLLIER COUNTY PUBLIC
ART COMMITTEE
Sec. 2-1071. Establishment of the Collier
County Public Art Committee.
The Board of County Commissioners hereby
establishes the Collier County Public Art Com-
mittee (the "Committee"). The purpose of the
Committee is to serve as a forum for advancing
public art in Collier County, and to make recom-
mendations to the Board of County Commission-
*Editor’s note—Ord. No. 2013-62, § 3, adopted Nov. 12,
2013, repealed Div. 13, §§ 2-1051—2-1058 entitled "Collier
County Council of Economic Advisors", which derived from:
Ord. No. 94-26, §§ 1—8, adopted May 10, 1994; Ord. No.
95-6, §§ 1—3, adopted Feb. 7, 1995; and Ord. No. 96-14,
§§ 1—3, adopted Mar. 26, 1996.
§ 2-1071ADMINISTRATION
CD2:49Supp. No. 102
ers in matters related to public art policies,
issues, programs, and plans for the benefit of the
citizens of Collier County, Florida.
(Ord. No. 2021-49, § 1)
Sec. 2-1072. Functions, Powers and Duties
of the Committee.
The function, powers and duties of the Com-
mittee shall be as follows:
A. To review proposals to provide public
artwork either through loan, donation, or
purchase, and make recommendations to
the Board of County Commissioners.
B. To review and make recommendations to
the Board of County Commissioners for
the off-site location of public art in public
places.
C. To provide comments and recommenda-
tions to the Board of County Commission-
ers as to proposed public art for public
structures owned by the County, includ-
ing property located within Community
Redevelopment Areas.
D. To confer with persons or organizations
who have offered to donate or loan works
of art to the County for proposed place-
ment on public property.
E. To perform other duties as directed by
the Board.
(Ord. No. 2021-49, § 2)
Sec. 2-1073. Appointment and Composi-
tion.
The Committee shall be composed of seven
members. In keeping with Ordinance 01-55, as
amended, the County Advisory Board Ordinance,
members of the Committee shall be appointed by
and serve at the pleasure of the Board of County
Commissioners. Said members shall be permanent
residents and electors of Collier County. In
making such appointments, the Board will give
preference to members of local arts organiza-
tions, architects, planners, and working artists.
All members of the Public Art Committee shall
be persons with knowledge of and appreciation
for the visual arts.
(Ord. No. 2021-49, § 3)
Sec. 2-1074. Terms of Office.
The initial terms of office of the Committee
members shall be as follows:
A. Three members shall serve an initial
term of one year.
B. Four members shall serve an initial term
of two years. Thereafter, each appoint-
ment or re-appointment shall be for a
term of two (2) years. Appointments to
fill any vacancies on the Committee shall
be for the remainder of the unexpired
term of office.
(Ord. No. 2021-49, § 4)
Sec. 2-1075. Removal from Office.
Removal of members from the Committee
shall be in accordance with the provisions of
Collier County Ordinance No. 2001-55, as
amended; however, any member of the Commit-
tee may be removed from the Committee, with or
without cause, by a majority vote of the Board of
County Commissioners.
(Ord. No. 2021-49, § 5)
Sec. 2-1076. Officers; Quorum; Rules of
Procedure.
A. Annually the members of the Committee
shall elect a chairman and vice chairman from
among the members. Officers' terms shall be for
one (1) year with eligibility for re-election.
B. The presence of four or more members
shall constitute a quorum of the Committee
necessary to take action and transact business.
C. The Committee shall, by majority vote of
the entire membership, adopt rules of procedure
or guidelines for the transaction of business and
shall keep a written record of meetings, resolu-
tions, findings and determinations. Any such
rules of procedure or guidelines are subject to
approval by the Board of County Commissioners.
(Ord. No. 2021-49, § 6)
Sec. 2-1077. Reimbursement of Expenses.
Members of the Committee shall serve without
compensation but shall be entitled to receive
reimbursement for expenses reasonably incurred
§ 2-1071 COLLIER COUNTY CODE
CD2:50Supp. No. 102
in the performance of their duties upon prior
approval of the Board of County Commissioners.
(Ord. No. 2021-49, § 7)
Secs. 2-1078—2-1085. Reserved.
DIVISION 15. RADIO ROAD
BEAUTIFICATION ADVISORY COMMITTEE
Sec. 2-1086. Creation of the Radio Road
Beautification Advisory Com-
mittee.
There is hereby created and established the
Radio Road Beautification Advisory Committee,
hereinafter referred to as the "committee."
(Ord. No. 97-52, § 1, 10-21-97)
Sec. 2-1087. Appointment and composi-
tion.
(a) The committee shall consist of five members
which generally represent the area within the
Radio Road Beautification Municipal Service
Taxing Unit as said MSTU is described in Collier
County Ordinance No. 96-84.
(b) Members of the committee shall be
appointed by and serve at the pleasure of the
Board of County Commissioners. Said members
shall be permanent residents within the MSTU
and electors of Collier County. The board shall
consider appointment of members from different
subdivisions or communities within the MSTU.
(c) Appointment of members to the committee
shall be by resolution of the Board of County
Commissioners, which resolution shall set forth
the date of appointment and the term of office.
(Ord. No. 97-52, § 2, 10-21-97)
Sec. 2-1088. Terms of office.
The initial terms of office of the committee
shall be as follows:
(1) Two members shall be appointed for a
term of two years.
(2) Two members shall be appointed for a
term of three years.
(3) One member shall be appointed for a
term of four years.
Thereafter, each appointment or reappoint-
ment shall be for a term of four years.
Appointments to fill any vacancies on the
committee shall be for the remainder of the
unexpired term of office.
(Ord. No. 97-52, § 3, 10-21-97)
Sec. 2-1089. Removal from office; failure
to attend meetings.
Committee member attendance requirements,
including failure to attend meetings and member
removal from office are governed by Ordinance
No. 01-55, as amended, or by its successor
ordinance.
(Ord. No. 97-52, § 4, 10-21-97)
Sec. 2-1090. Officers; quorum; rules of
procedure.
(a) At its earliest opportunity, the member-
ship of the committee shall elect a chairman and
vice chairman from among the members. Officers'
terms shall be for one year, with eligibility for
re-election.
(b) The presence of three or more members
shall constitute a quorum of the committee
necessary to take action and transact business.
(c) The committee shall, by majority vote of
the entire membership, adopt rules of procedure
for the transaction of business and shall keep a
written record of meetings, resolutions, findings
and determinations. Copies of all committee
minutes, resolutions, reports, and exhibits shall
be submitted to the Board of County Commis-
sioners.
(Ord. No. 97-52, § 5, 10-21-97)
Sec. 2-1091. Reimbursement of expenses.
Members of the committee shall serve without
compensation, but shall be entitled to receive
reimbursement for expenses reasonably incurred
in the performance of their duties upon prior
approval of the Board of County Commissioners.
(Ord. No. 97-52, § 6, 10-21-97)
§ 2-1091ADMINISTRATION
CD2:50.1Supp. No. 102
Sec. 2-1092. Functions, powers and duties
of the committee.
The functions, powers and duties of the com-
mittee shall be as follows:
(1) To aid and assist the Board of County
Commissioners in carrying out the
purposes of providing curbing, watering
facilities, plantings and maintenance of
the median areas as set forth in Collier
County Ordinance No. 96-84.
§ 2-1092 COLLIER COUNTY CODE
CD2:50.2Supp. No. 102
in the performance of their duties upon prior
approval of the Board of County Commissioners.
(Ord. No. 2021-49, § 7)
Secs. 2-1078—2-1085. Reserved.
DIVISION 15. RADIO ROAD
BEAUTIFICATION ADVISORY COMMITTEE
Sec. 2-1086. Creation of the Radio Road
Beautification Advisory Com-
mittee.
There is hereby created and established the
Radio Road Beautification Advisory Committee,
hereinafter referred to as the "committee."
(Ord. No. 97-52, § 1, 10-21-97)
Sec. 2-1087. Appointment and composi-
tion.
(a) The committee shall consist of five members
which generally represent the area within the
Radio Road Beautification Municipal Service
Taxing Unit as said MSTU is described in Collier
County Ordinance No. 96-84.
(b) Members of the committee shall be
appointed by and serve at the pleasure of the
Board of County Commissioners. Said members
shall be permanent residents within the MSTU
and electors of Collier County. The board shall
consider appointment of members from different
subdivisions or communities within the MSTU.
(c) Appointment of members to the committee
shall be by resolution of the Board of County
Commissioners, which resolution shall set forth
the date of appointment and the term of office.
(Ord. No. 97-52, § 2, 10-21-97)
Sec. 2-1088. Terms of office.
The initial terms of office of the committee
shall be as follows:
(1) Two members shall be appointed for a
term of two years.
(2) Two members shall be appointed for a
term of three years.
(3) One member shall be appointed for a
term of four years.
Thereafter, each appointment or reappoint-
ment shall be for a term of four years.
Appointments to fill any vacancies on the
committee shall be for the remainder of the
unexpired term of office.
(Ord. No. 97-52, § 3, 10-21-97)
Sec. 2-1089. Removal from office; failure
to attend meetings.
Committee member attendance requirements,
including failure to attend meetings and member
removal from office are governed by Ordinance
No. 01-55, as amended, or by its successor
ordinance.
(Ord. No. 97-52, § 4, 10-21-97)
Sec. 2-1090. Officers; quorum; rules of
procedure.
(a) At its earliest opportunity, the member-
ship of the committee shall elect a chairman and
vice chairman from among the members. Officers'
terms shall be for one year, with eligibility for
re-election.
(b) The presence of three or more members
shall constitute a quorum of the committee
necessary to take action and transact business.
(c) The committee shall, by majority vote of
the entire membership, adopt rules of procedure
for the transaction of business and shall keep a
written record of meetings, resolutions, findings
and determinations. Copies of all committee
minutes, resolutions, reports, and exhibits shall
be submitted to the Board of County Commis-
sioners.
(Ord. No. 97-52, § 5, 10-21-97)
Sec. 2-1091. Reimbursement of expenses.
Members of the committee shall serve without
compensation, but shall be entitled to receive
reimbursement for expenses reasonably incurred
in the performance of their duties upon prior
approval of the Board of County Commissioners.
(Ord. No. 97-52, § 6, 10-21-97)
§ 2-1091ADMINISTRATION
CD2:51Supp. No. 113
Sec. 2-1092. Functions, powers and duties
of the committee.
The functions, powers and duties of the com-
mittee shall be as follows:
(1) To aid and assist the Board of County
Commissioners in carrying out the
purposes of providing curbing, watering
facilities, plantings and maintenance of
the median areas as set forth in Collier
County Ordinance No. 96-84.
(2) To prepare and recommend to the Board
of County Commissioners an itemized
budget of the amount of money required
to carry out the business of the municipal
service taxing unit for the next fiscal
year. In carrying out this responsibility,
the committee shall, no later than April
1st of each year, meet with the county
administrator or his designee and outline
to the county administrator or his designee
those projects which the committee wishes
to see accomplished during the next fiscal
year. Based upon this information, the
county administrator or his designee shall
prepare a proposed budget for the
municipal service taxing unit, in
accordance with the standard county
guidelines regarding the preparation of
budgets. This proposed budget shall then
be reviewed by the committee and upon
approval by the committee be transmit-
ted through the county administrator or
his designee to the Board of County
Commissioners for adoption in accordance
with the procedures for the adoption of
budgets set forth under general law and
the Board of County Commissioners'
policy. Should the committee fail to
approve a budget by June 1st of each
year, the county administrator or his
designee shall be authorized to submit a
proposed budget to the Board of County
Commissioners.
(3) The committee shall recommend work
programs and priorities to the county
administrator or his designee in
accordance with the adopted budget or
budget amendments which may be
adopted by the Board of County Commis-
sioners. The execution of work programs
shall be under the direct supervision and
responsibility of the county administra-
tor or his designee. Said work may be
performed under contract (in accordance
with law) or by county forces.
(4) The committee may adopt and amend
"guidelines" to govern its operation and
the operation of the municipal service
taxing unit, subject to approval by the
Board of County Commissioners.
(Ord. No. 97-52, § 7, 10-21-97)
Sec. 2-1093. Duties of the county
administrator or his designee.
The duties of the county administrator or his
designee shall be:
(1) To administer the activities of the
municipal services taxing unit in
accordance with established polices of
the Board of County Commissioners and
guidelines adopted by the committee.
(2) To prepare the annual budget in
accordance with section 2-1092(2), above.
(3) To provide periodic written reports to the
committee, the county administrator or
his designee and the Board of County
Commissioners of the activities of the
municipal service taxing unit and its
finances in accordance with established
guidelines of the Board of County Com-
missioners or the committee.
(4) Attend all committee meetings.
(Ord. No. 97-52, § 8, 10-21-97)
Sec. 2-1094. Review process.
This committee shall be reviewed once every
four years commencing 2001, in accordance with
the procedures contained in Collier County
Ordinance No. 01-55, as amended, or its succes-
sor ordinance.
(Ord. No. 97-52, § 9, 10-21-97)
Secs. 2-1095—2-1100. Reserved.
§ 2-1092 COLLIER COUNTY CODE
CD2:52Supp. No. 113
DIVISION 16. COLLIER COUNTY CITIZENS
CORPS*
Sec. 2-1101. Title and citation.
This Ordinance shall be known and cited as
the "Collier County Citizen Corps Ordinance."
(Ord. No. 02-56, § 1, 11-5-02; Ord. No. 2016-21,
§ 1)
Sec. 2-1102. Findings of fact.
1. The Board of County Commissioners
("Board") finds that the President of the United
States, through the Office of Homeland Security,
had asked our citizens to volunteer through local
governments to assist in the fight against terror-
ism in response to the terrorist attacks on 9/11/
01. In 2011, the release of Presidential Policy
Directive (PPD) 8: National Preparedness,
indicated the goal of strengthening the security
and resilience of the United States is through
systematic preparation for the threats that pose
the greatest risk to the security of the Nation.
With the 2015 update to the National Prepared-
ness Goal, FEMA follows a whole community
approach to all hazards preparedness recogniz-
ing that everyone can contribute to and benefit
from national preparedness efforts.
2. Chapter 125, Florida Statutes, authorizes
the board to adopt ordinances creating advisory
committees.
3. The Board finds that the original creation
of a Citizens Corps ("Committee") was necessary
to provide information to the citizens of Collier
County and to act as a coordinating agency for
the enhancement of activities that support
emergency services, law enforcement and disaster
prevention, preparedness and response. While
these activities remain in effect, a modernized
focus of the Committee is imperative to update
the roles and responsibilities with an all-hazards
approach across the whole community to prevent,
protect against, mitigate, respond to, and recover
from threats and hazards that pose the greatest
risk.
4. The Board finds that the Committee is
necessary to facilitate communication between
Collier County and State and Federal agencies
on all hazard activities as well as to enable
Collier County to identify outside resources such
as grants, training opportunities and equipment.
5. The Board finds that the Committee will
assist in the recruitment of volunteers by publiciz-
ing and expanding existing community programs
such as: Community Emergency Response Teams
(CERT), Collier Ready, the county-wide Com-
munity Organizations Active in Disaster (COAD),
and other public and private agencies participat-
ing in disaster response and recovery.
(Ord. No. 02-56, § 2, 11-5-02; Ord. No. 2016-21,
§ 2; Ord. No. 2023-67, § 1)
Sec. 2-1103. Meetings of the committee.
1. The Committee shall meet on a monthly
scheduled basis or as otherwise needed.
2. All Committee meetings shall be open to
the public and shall be governed by the Florida
Government in the Sunshine Law. All Commit-
tee meetings shall be held after reasonable public
notice is provided as to the location, time and
subject matter of the meetings.
(Ord. No. 02-56, § 3, 11-5-02; Ord. No. 2016-21,
§ 3)
Sec. 2-1104. Functions, powers and duties
of the committee and working
groups.
1. The Committee shall be responsible for
advising the Board of County Commissioners on
Collier County's approach to all hazards prepared-
ness and other related issues.
2. The Committee shall act as a coordinating
agency for the enhancement of activities that
support an all-hazards approach across the whole
community to prevent, protect against, mitigate,
respond to, and recover from threats and hazards
that pose the greatest risk.
*Editor’s note—Ord. No. 02-13, § 1, adopted March 26,
2002, repealed div. 16, §§ 2-1101—2-1107, in their entirety.
Formerly said provisions pertained to the Community of
Character Council as enacted by Ord. No. 01-49, §§ 1—8,
adopted Sept. 11, 2001. Subsequently, Ord. No. 02-56,
§§ 1—9, adopted Nov. 11, 2002 did not specifically amend
this Code and has been included as a new div. 16, §§ 2-1101—
2-1109, to read as herein set out. See the Code Comparative
Table—Ordinance Disposition.
§ 2-1104ADMINISTRATION
CD2:53Supp. No. 113
Sec. 2-1106. Removal from office; failure
to attend meetings.
Removal from office and attendance require-
ments shall be governed by Collier County
Ordinance No. 2001-55, as it may be amended,
or if repealed, by its successor ordinance.
(Ord. No. 02-56, § 6, 11-5-02)
Sec. 2-1107. Officers, quorum, and
compensation.
1. Each year the officers of the committee
shall be elected by the membership of the com-
mittee and shall include a chairman, vice-
chairman, and secretary from among the
committee members. These officer's terms shall
be for a period of one year with eligibility for
re-election.
2. The presence of five or more members shall
constitute a quorum. The committee may adopt
rules of procedure for the transaction of business
and shall keep a written record of meetings,
findings and determinations. Copies of all com-
mittee meetings and exhibits shall be forwarded
to the Board of County Commissioners.
3. The members of the committee shall serve
without compensation, but may be reimbursed
for per diem and travel expenses, only if approved
by the board in advance of any such travel.
(Ord. No. 02-56, § 7, 11-5-02; Ord. No. 2023-67,
§ 1)
Sec. 2-1108. Expert consultants.
1. Expert consultants from both the private
and governmental emergency services com-
munity as listed below are strongly encouraged
to attend each Committee meeting on behalf of
his or her respective employer.
A. City of Naples;
B. City of Marco Island;
C. Everglades City;
D. Collier County Emergency Medical
Services;
E. Florida Department of Health - Collier
County;
F. District 20 Medical Examiner;
G. Law enforcement/neighborhood watch;
H. Collier County Emergency Management;
I. Naples Community Hospital (NCH)
Healthcare System;
J. Physicians Regional Healthcare System;
K. Collier County Sheriff's Office.
2. Formal appointment of these expert
consultants is not required, as each expert
consultant is not a member of the Committee,
and consequently, not permitted to vote.
(Ord. No. 02-56, § 8, 11-5-02; Ord. No. 2016-21,
§ 6; Ord. No. 2023-67, § 1)
Sec. 2-1109. Review process.
The Committee shall be reviewed once every
four years commencing in 2006, in accordance
with Collier County Ordinance No. 2001-55, as it
may be amended, or if repealed, by its successor
ordinance.
(Ord. No. 02-56, § 9, 11-5-02)
Secs. 2-1110—2-1115. Reserved.
DIVISION 17. DOMESTIC ANIMAL
SERVICES ADVISORY COMMITTEE*
Sec. 2-1116. Creation and purpose.
The Board of County Commissioners hereby
reestablishes the Domestic Animal Services
Advisory Committee ("Committee") to provide
independent review, guidance and recommenda-
tions regarding the operations of Domestic Animal
Services, including: internal operations proficiency,
fiscal management, department branding,
volunteer program development and community
outreach.
(Ord. No. 2025-43, § 1)
*Editor’s note—2025-43, § 8, adopted Sept. 23, 2025,
repealed the former Div. 17., §§ 2-1116—2-1123, and §§ 1—7
of said ordinance enacted a new Div. 17 as set out herein.
The former Div. 17 was entitled "Animal Services Advisory
Board," and derived from Ord. No. 2004-06, §§ 1—8.
§ 2-1116ADMINISTRATION
CD2:55Supp. No. 122
Sec. 2-1117. Functions, powers and duties.
The Committee will act in an advisory capac-
ity only and all recommendations will be submit-
ted to the County Manager or designee for
approval before action.
1. Operational Review.
a. Evaluate procedures for intake,
fostering, adoption and return-to-
owner for efficiency and effective-
ness, ensuring consistency with
Florida Statutes including, but not
limited to, Sections 823.15 and
823.151.
b. Review staffing, workflow and train-
ing programs.
c. Review operations to ensure best
practices in shelter management,
cleaning standards, safety, customer
service and administrative func-
tions.
2. Fiscal Oversight.
a. Review the proposed annual
Domestic Animal Services budget
and provide advisory recommenda-
tions on priorities, allocation, and
efficiency.
b. Assess fee schedules, donations, and
grants for transparency, sustainabil-
ity, and effectiveness.
c. Monitor fiscal accountability to
ensure efficient and effective use of
resources.
3. Veterinary and Medical Considerations.
a. Recognize that all medical decisions
rest exclusively with a licensed
veterinarian employed or contracted
by Domestic Animal Services.
b. Provide input only on non-clinical
aspects of veterinary operations,
including budget and resource
adequacy.
c. The Domestic Animal Services
Advisory Committee shall not
interfere with, or substitute for,
veterinary clinical decisions.
4. Volunteer and Behavior Programs.
a. Support the development of
volunteer programs that expand
Domestic Animal Services service
capacity.
b. Encourage partnerships with animal
behaviorists, rehabilitation special-
ists, trainers, and enrichment
organizations.
c. Recommend strategies to recruit,
train, and retain volunteers.
d. Promote initiatives to expedite
compliance with Section
823.151(2)(a)5, Florida Statutes,
regarding the direct return of
animals to identified owners, and
Section 823.151(2)(a), Florida
Statutes, regarding the rehoming of
animals that become property of the
County.
5. Community Outreach and Branding.
a. Encourage Domestic Animal
Services' participation in community
events and adoption fairs.
b. Provide guidance on branding,
marketing materials, and messag-
ing.
c. Strengthen partnerships with com-
munity organizations and busi-
nesses.
d. Advise on communication strate-
gies to promote transparency and
responsible pet ownership.
6. Accountability and Reporting.
a. Review quarterly and annual reports
on operations, staffing, expenditures,
and outcomes.
b. Working with the County Manager,
or designee, submit an Annual
Report to the Board of County Com-
missioners summarizing findings,
activities, and recommendations.
§ 2-1117 COLLIER COUNTY CODE
CD2:56Supp. No. 122
c. Provide interim reports upon request
of the Board of County Commission-
ers or County Manager.
(Ord. No. 2025-43, § 2)
Sec. 2-1118. Appointment and composi-
tion.
1. Members of the Committee shall be
permanent residents and qualified electors of
Collier County.
2. Although no specific experience require-
ments shall be necessary as a prerequisite to
appointment, consideration shall be given to
applicants who have experience or who have
shown interest in the area of animal welfare,
animal services operations, veterinary care,
animal control, shelter management, rescue, adop-
tion, or other related fields.
3. The Committee shall be composed of seven
members to be appointed by the Board of County
Commissioners. Of these seven members, there
shall be one member from each of the five
County Commission Districts, and two at-large
members. Committee candidates for the five
County Commission District seats must be
nominated by the Commissioner of the District
in which the candidate resides for both initial
and subsequent terms and receive a simple
majority vote of the Board of County Commis-
sioners. The two at-large members can be
nominated by any Commissioner and must receive
a simple majority vote of the Board of County
Commissioners for appointment or reappoint-
ment. Members shall serve at the pleasure of the
Board of County Commissioners.
(Ord. No. 2025-43, § 3)
Sec. 2-1119. Terms of office.
The initial terms of office of the Committee
members shall be as follows:
1. Three members will serve a term of four
years.
2. Two members will serve a term of three
years.
Thereafter, each appointment shall be for a
term of four years. All appointments shall be in
accordance with Collier County General Advisory
Board's Ordinance No. 2001-55, as it may be
amended or by its successor Ordinance. Existing
terms will be kept.
(Ord. No. 2025-43, § 4)
Sec. 2-1120. Attendance requirements;
removal from office.
Any member of the Committee may be removed
from office, with or without cause, by a majority
vote of the Board of County Commissioners.
Committee member attendance requirements,
including failure to attend meetings and removal
from office are governed by Collier County
Ordinance No. 2001-55, as it may be amended or
by its successor ordinance.
(Ord. No. 2025-43, § 5)
Sec. 2-1121. Officers; quorum; rules of
procedure.
1. Annually, the membership of the Commit-
tee shall elect a chairman, vice chairman and
secretary from among the members. Officers'
terms shall be one year with eligibility for
reelection.
2. The presence of three or more members
shall constitute a quorum of the Committee
necessary to take action and transact business.
In addition, an affirmative vote of two or more
shall be necessary in order to take official action.
3. The Committee shall, by a majority vote of
the entire membership, adopt rules of procedure
for the transaction of business and shall keep a
written record of meetings, resolutions, findings
and determinations.
4. The conduct of all meetings of the Commit-
tee shall be in accordance with the Government
in the Sunshine Manual and Roberts Rules of
Order.
(Ord. No. 2025-43, § 6)
Sec. 2-1122. Reimbursement of expenses.
Members of the Committee shall serve without
compensation but shall be entitled to receive
§ 2-1122ADMINISTRATION
CD2:57Supp. No. 122
reimbursement for expenses reasonably incurred
in the performance of duties upon prior approval
of the Board of County Commissioners.
(Ord. No. 2025-43, § 7)
Secs. 2-1123—2-1130. Reserved.
DIVISION 18. COLLIER COUNTY
EMERGENCY MEDICAL AUTHORITY*
Sec. 2-1131. Creation, Purpose, Powers
and Duties of the Collier
County Emergency Medical
Authority.
There is hereby created the Collier County
Emergency Medical Authority (hereinafter the
"Authority"). The Authority is created as an
Advisory Board and shall have the following
purposes, powers and duties:
1. To assist the Board of County Commis-
sioners, municipalities, fire departments,
fire commission boards, and law enforce-
ment agencies, including the Collier
County Sheriffs Office and hospitals, with
issues affecting pre-hospital emergency
medical services within all of Collier
County.
2. To analyze issues associated with pre-
hospital emergency medical services and
make written recommendations to the
Board of County Commissioners and
involved agencies.
3. To work to improve and enhance pre-
hospital emergency medical care within
Collier County, including Advanced Life
Support (ALS), Basic Life Support (BLS),
first responder programs and other future
EMS delivery programs, with thorough
study, education, and system-wide
participation by the response agencies
and the local medical community as noted
above.
4. To evaluate current and future Collier
County EMS needs, as required, monitor
ALS and BLS response times in meeting
Collier County goals and evaluate system
performance measures.
5. To serve as a catalyst to effect coopera-
tive arrangements for the improvement
and better effective utilization of
emergency medical resources in Collier
County. Study and focus on utilizing the
resources of all municipal, dependent
and independent fire organizations, 911
call centers, law enforcement agencies
and the public. Make written recom-
mendations to the Board of County Com-
missioners as needed.
6. To make recommendations, as warranted,
regarding pre-hospital emergency train-
ing programs, communication systems,
and other appropriate facilities and
services that positively impact on the
delivery of emergency medical services.
7. To evaluate requests for all Certificates
of Public Convenience and Necessity
(COPCN) from other government and
private entities in Collier County,
consistent with County ordinances, and
make written recommendations to the
Board of County Commissioners reflect-
ing a majority and a minority report, if
applicable.
8. To perform or assist with any other
function or duty as requested by the
Board.
(Ord. No. 2016-44, § 1)
Sec. 2-1132. Appointment and composi-
tion; terms of office;
attendance and filling vacan-
cies.
The Emergency Medical Authority will be a
five member citizens committee with members
having no affiliation with any hospital, fire
district, EMS, municipality or Collier County
Sheriff's Office.
*Editor’s note—Ord. No. 2016-44, §§ 1—5, adopted Dec.
13, 2016, amended Div. 18 in its entirety to read as herein set
out. Former Div. 18, §§ 2-1131—2-1136 was entitled "Collier
County Public Safety Authority," and derived from Ord. No.
2012-23, §§ 1—7, adopted June 26, 2012; and Ord. No.
2014-37, §§ 1—4, adopted Oct. 14, 2014.
§ 2-1122 COLLIER COUNTY CODE
CD2:58Supp. No. 122
Terms for all Authority members shall be four
years.
(Ord. No. 2016-44, § 2)
Sec. 2-1133. Meetings.
1. Regular Meetings. The Authority shall meet
quarterly and at other times as necessary.
2. Special Meetings. Special Meetings of the
Authority may be called by the Chair, or the
Chairperson of the Medical Directors Subcom-
mittee in cases of emergent protocol or
pharmacological issues, at the request of a major-
ity of the appointed members.
(Ord. No. 2016-44, § 3)
Sec. 2-1134. Removal from office; failure
to attend meetings.
Removal from office and attendance require-
ments shall be governed by Ordinance No. 01-55,
as amended, or by its successor ordinance.
(Ord. No. 2016-44, § 4)
Sec. 2-1135. Officers; quorum; rules of
procedure.
At its earliest opportunity, the membership of
the Authority shall elect a chairman and vice
chairman from among the members. Officers
shall serve for a one year term with eligibility for
reelection. At the end of each term, the Chair
shall prepare and submit to the Board and the
County Manager an annual report describing
the activities of the Authority.
The presence of a majority of the members
shall constitute a quorum of the Authority neces-
sary to take action and transact business.
The Emergency Medical Authority shall, by
majority vote of the entire membership, adopt
by-laws for doing its work and conducting its
business as provided by county ordinances. The
by-laws shall include, but not be limited to, its
general procedure, funding, and expenditures.
The Authority shall operate in the Sunshine,
and shall keep a written record of meetings,
resolutions, findings, and determinations. Copies
of all of the Authority minutes, resolutions,
reports, and exhibits shall be filed with the
Board of County Commissioners and or its Clerk
when appropriate.
(Ord. No. 2016-44, § 5)
Secs. 2-1136—2-1145. Reserved.
DIVISION 19. CLAM BAY ADVISORY
COMMITTEE
Sec. 2-1146. Creation and Purpose of the
Clam Bay Advisory Commit-
tee.
There is hereby created the Clam Bay Advisory
Committee (hereinafter the "Committee"). The
Committee is created to assist the Coastal
Advisory Committee and the Board of County
Commissioners with all issues affecting the entire
Clam Bay estuary system, including the manage-
ment, direction, health, and long-term viability
of the estuary system.
(Ord. No. 2008-48, § 1)
Sec. 2-1147. Functions, Powers and Duties
of the Advisory Committee.
Once members have been appointed to the
Committee, the membership shall develop a
mission statement, outline its specific functions,
powers, and duties, and develop a work plan
which will be presented to the Board of County
Commissioners for review and approval.
The Committee will also recommend the
boundaries of the Clam Bay estuary system to
the Board of County Commissioners.
(Ord. No. 2008-48, § 2)
Sec. 2-1148. Appointment and Composi-
tion; Terms of Office;
Attendance and Filling Vacan-
cies.
The Committee shall be composed of nine
members whose membership shall include two
representatives from Pelican Bay; two representa-
tives from Seagate and/or Naples Cay; one resident
from District 1; one resident from District 3; one
representative from District 5; and two members
§ 2-1148ADMINISTRATION
CD2:58.1Supp. No. 122
from the community at large with specific techni-
cal scientific expertise related to estuary manage-
ment and protection.
Committee members shall be sought in
accordance with the provision of Collier County
Ordinance 01-55, as amended, or by its successor
ordinance. The initial term of office of the Com-
mittee shall be one year. The Committee will be
reviewed by the Board of County Commissioners
in one year in compliance with Section Six of this
Ordinance.
Members of the Committee shall be appointed
and serve at the pleasure of the Board of County
Commissioners. Members shall meet the qualifica-
tions for membership and requirements as
outlined in Ordinance No. 01-55, as amended, or
by its successor ordinance. Appointment of
members
§ 2-1148 COLLIER COUNTY CODE
CD2:58.2Supp. No. 122
ADMINISTRATION §2-1156
to the Committee shall be by resolution of the Secs. 2-1152-2-1155. Reserved.
Board of County Commissioners, which resolu-
tion shall set forth the date of appointment. DIVISION 20. PLANNING COMMISSION
Appointments to fill any vacancies on the Com-
mittee shall be for the remainder of the unexpired Sec. 2-1156. Establishment; Powers and
term.
(Ord. No. 2008-48, § 3) Duties.
There is hereby established a Planning Corn-
Sec. 2-1149. Removal from Office; Failure mission, which shall have the following powers
to Attend Meetings. and duties:
Removal from office and attendance require- A. To serve as the local planning agency
ments shall be governed by Ordinance No. 01-55, (LPA), and land development regulation
as amended, or by its successor ordinance. commission as required by F.S.
(Ord. No. 2008-48, § 4) §§ 163.3174 and 163.3194;
B. To prepare, or cause to be prepared, the
Sec. 2-1150. Officers; Quorum; Rules of Collier County GMP, or element or por-
Procedure. tion thereof, and to submit to the BCC an
annual report recommending amend-
At its earliest opportunity, the membership of ments to such plan, element, or portion
the Committee shall elect a Chairman and Vice thereof;
Chairman from among the members. Officers
shall serve for a one year term with eligibility for C. To prepare, or cause to be prepared, the
reelection. LDC to implement the Collier County
GMP, and to submit to the BCC an
The presence of five or more members shall annual report recommending amend-
constitute a quorum of the Committee necessary ments to the LDC;
to take action and transact business.
D. To initiate, hear, consider, and make
The Committee shall, by majority vote of the recommendations to the BCC on applica-
entire membership, adopt by-laws for the scope tions for amendment to the text of the
and transaction of business to be approved by Collier County GMP and the LDC;
the Board of County Commissioners. The Corn E. To initiate,review,hear,and make recom-
mittee shall keep a written record of meetings, mendations to the BCC on applications
resolutions,findings and determinations. Copies for amendment to the future land use
of all Committee minutes, resolutions, reports map of the Collier County GMP or the
and exhibits shall be submitted to the Board of official zoning atlas of the LDC;
County Commissioners.
(Ord. No. 2008-48, § 5) F. To hear,consider,and make recommenda-
tions to the BCC on applications for
Sec. 2-1151. Review Process and Sunset conditional use permits;
Provision. G. To make its special knowledge and
This Ordinance shall automatically sunset on expertise available upon reasonable writ
December 31, 2009, unless otherwise extended ten request and authorization of the BCC
by Resolution of the Board of County Commis- to any official, department, board, com-
sioners. The Committee shall provide a written mission, or agency of the County, state,
report to the Board of County Commissioners no or federal governments;
later than October 20, 2009 with recommenda- H. To recommend to the BCC additional or
tions on whether the Board should continue this amended rules of procedure not
Committee. inconsistent with this section to govern
(Ord. No. 2008-48, § 6) the Planning Commission's proceedings;
Supp. No. 65 CD2:58.3
§2-1156 COLLIER COUNTY CODE
I. To perform those functions, powers and wildlife management,or other representa-
duties of the Planning Commission as set tive area deemed appropriate by the
forth in chapter 67-1246,Laws of Florida, BCC, with a Board preference for one of
incorporated herein and by reference made these members with an expertise in biol-
a part hereof, as said chapter has been or ogy and/or wildlife management, and the
may be amended; and other with an expertise in water and/or
J. To sit as the County's Environmental hydrology.
Advisory Council and exercise all powers 4. The appointment of all members to the
and duties under Ordinance 2009-32, as Planning Commission shall be by resolu-
amended from time to time. tion of the BCC. In the event that any
(Ord. No. 2009-29, § 1; Ord. No. 2013-50, § 1; member is no longer a qualified elector or
Ord. No. 2016-20, § 1) is convicted of a felony or an offense
involving moral turpitude while in office,
Sec. 2-1157. Membership. the BCC shall terminate the appoint-
ment of such person as a member of the
A. Qualifications. Planning Commission.
1. Members of the Planning Commission 5. A representative of the school district,
shall be permanent residents and quali- appointed by the school board,shall serve
fled electors of Collier County. as a non-voting member of the Planning
2. With respect to the five County Commis- Commission unless the BCC grants voting
sion District members,although no specific status to the school district representa
experience requirements shall be neces- tive. The school district member of the
sary as a prerequisite to appointment, Planning Commission shall attend those
consideration shall be given to applicants Planning Commission meetings at which
who have experience or who have shown GMP amendments and rezoning that
interest in the area of planning, zoning, would, if approved, increase residential
and related fields. Further consideration density of the property that is the subject
in the appointment of Planning Commis- of the application being considered.
sion members shall be made so as to B. Appointment. The Planning Commission
provide the Planning Commission with shall be composed of 7 members to be appointed
the needed technical, professional, busi- by the BCC, together with the representative of
ness, and/or administrative expertise to the school district. Of these seven members,
accomplish the duties and functions of there shall be one member from each of the five
the Planning Commission. County Commission Districts, and two at-large
3. The two at-large environmental members environmental members. Planning Commission
are expected to provide the Planning Candidates for the five County Commission
Commission with technical expertise on District seats must be nominated by the Corn-
environmental matters, and shall missioner of the District in which the candidate
demonstrate evidence of expertise in 1 or resides for both initial and subsequent terms
more of the following areas related to and receive a simple majority vote of the Board
environmental protection and natural of County Commissioners. The two at large
resources management: air quality, biol- members can be nominated by any Commis-
ogy (including any of the subdisciplines sioner, but must receive a four-fifths vote of the
such as botany, ecology, zoology, etc.), BCC for appointment or reappointment.
coastal processes, estuarine processes, C. Term. Terms of office of Planning Commis-
hazardous waste, hydrogeology, hydrol- sion members shall be for not less than two nor
ogy, hydraulics, land use law, land use more than four years and not more than a
planning, pollution control, solid waste, minority of such members' terms shall expire in
stormwater management,water resources, any one
Supp. No. 65 CD2:58.4
ADMINISTRATION §2-1163
year. Appointments to fill any vacancy on the (b) The Planning Commission may, from time
Planning Commission shall be for the remainder to time, adopt and amend bylaws and rules of
of the unexpired term of office. No meetings of a procedure not inconsistent with the provisions of
Planning Commission shall be held when the these regulations.
membership is less than five. (Ord. No. 2009-29, § 1)
D. Removal from office. Sec. 2-1160. Compensation.
1. Any member of the Planning Commission The members of the Planning Commission shall
may be removed from office by a four serve without compensation, but may be reim-
fifths vote of the BCC, but such member bursed for such travel, mileage, and/or per diem
shall be entitled to a public hearing and expenses as may be authorized by the BCC.
reconsideration of the vote if he so re- (Ord. No. 2009-29, § 1)
quests in writing within 30 days of the
date on which the vote is taken. Sec. 2-1161. Meetings.
2. If any member of the Planning Commis-
sion fails to attend 2 consecutive Planning (a) In order to provide convenience and pro
Commission meetings without cause, the mote public participation, meetings of the Plan-
Planning Commission shall declare the ping Commission shall be held in the Immokalee
member's office vacant and the vacancy area when matters pending before the Planning
shall be filled by the BCC. Commission are of sufficient concern to the
Immokalee area to warrant such a meeting. The
E. Officers. The membership of the Planning Planning Commission shall, by majority vote,
Commission shall elect a chairman and vice- make such determination at 1 of its regularly
chairman from among the members.Officers'terms scheduled meetings well enough in advance to
shall be for 1 year, with eligibility for reelection. allow sufficient time to advertise such Immokalee
(Ord.No.2009-29,§ 1;Ord.No.2009-35,§ 1;Ord. meeting. All other meetings shall be held at the
No. 2013-50, § 1) Collier County Government Center, Naples,Flor-
ida, unless otherwise specified by the Planning
Sec. 2-1158. Quorum and Voting. Commission or the BCC.
The presence of 4 or more members shall (b) All meetings and hearings of the Planning
constitute a quorum of the Planning Commission Commission shall be open to the public.
necessary to take action and transact business.In (Ord. No. 2009-29, § 1)
addition, a simple majority vote of at least 4
members present and voting shall be necessary in Sec. 2-1162. Staff.
order to forward a formal recommendation of The community development services division
approval, approval with conditions, denial, or shall be the professional staff of the Planning
other recommendation to the BCC. Commission.
(Ord. No. 2009-29, § 1; Ord. No. 2013-50, § 1) (Ord. No. 2009-29, § 1)
Sec. 2-1159. Rules of Procedure. Sec. 2-1163. Appeals.
(a) The Planning Commission shall, by a ma- As to any land development petition or appli-
jority vote of the entire membership, adopt rules cation upon which the Planning Commission takes
of procedure for the transaction of business, and final action,an aggrieved petitioner,applicant, or
shall keep a record of meetings,resolutions,find- aggrieved party may appeal such final action to
ings,and determinations.The Planning Commis- the Board of County Commissioners. An ag-
sion may provide for transcription of such hear- grieved or adversely affected party is defined as
ings and proceedings, or portions of hearings and any person or group of persons which will suffer
proceedings, as may be deemed necessary. an adverse affect to an interest protected or
Supp.No.50 CD2:58.5
§2-1163 COLLIER COUNTY CODE
furthered by the Collier County Growth Manage- (b) To hear, review, and approve, approve
ment Plan, Land Development Code, or building with conditions, or deny appeals from
code(s).The alleged adverse interest may be shared interpretations made by the County Man-
in common with other members of the community ager or designee pertaining to the Collier
at large, but shall exceed in degree the general County GMP, the future land use map,
interest in community good shared by all persons. the LDC,or the official zoning atlas by the
The Board of County Commissioners may affirm, County Manager or designee;
affirm with conditions, reverse or reverse with
conditions the action of the Planning Commis- (c) To make its special knowledge and exper-
sion. Such appeal shall be filed with the Develop- tise available upon written request and
ment Services Director within 30 days of the date authorization of the BCC to any official,
of final action by the Planning Commission and department, board, or commission of the
shall be noticed for hearing with the Board of County.
County Commissioners,as applicable,in the same (d) To recommend to the BCC additional or
manner as the petition or application was noticed amended rules of procedure to govern the
for hearing with the Planning Commission. The BZA's proceedings; and
cost of notice shall be borne by the petitioner,
applicant or aggrieved party. (e) To perform those functions, powers and
(Ord. No. 2009-29, § 1) duties of the BZA as set forth in chapter
67-1246, Laws of Florida, incorporated
herein and by reference made a part hereof,
Sec. 2-1164. Repeal of Ordinance.
as said chapter has been or may be
Collier County hereby readopts Section 8.03.00 amended.
(Planning Commission)of the Collier County Land (Ord. No. 2009-30, § 1)
Development Code in its entirety, as a separate,
stand-alone ordinance, as set out herein. Sec. 2-1172. Membership.
Concurrent with the effective date of this Or- (a) Qualifications. Members of the BZA shall
dinance, Section 8.03.00 (Planning Commission) be qualified electors in Collier County and resi-
of the Collier County Land Development Code is dents of the County for 2 years prior to appoint-
hereby repealed in its entirety. ment. In the event that any member is no longer
(Ord. No. 2009-29, §§ 1, 2) a qualified elector or is convicted of a felony or an
offense involving moral turpitude while in office,
Secs. 2-1165-2-1170. Reserved. the BCC shall terminate the appointment of such
person as a member of the BZA.
DIVISION 21. BOARD OF ZONING APPEALS (b) Appointment.The BCC may appoint a Board
or Boards of Zoning Appeals for its planning area
Sec. 2-1171. Establishment;Powers and Du- or areas, or may act as such Board or Boards of
ties. Zoning Appeals itself. Boards of Zoning Appeals
shall have not less than 5,nor more than ten(10)
There is hereby established a Board of Zoning members. Not more than 2 members of a BZA
Appeals "BZA", which shall have the following may be members of the Planning Commission.
powers and duties:
(a) (c) Terms. Terms of office of members of the
To hear, review, and approve, approve
BZA shall be for not less than 2, nor more than 4
with conditions,or deny zoning variances, years, and not more than a minority of such
conditional uses, nonconforming use members' terms shall expire in any 1 year.
amendments, flood variances, and off-
street parking and shared parking agree- (d) Removal. Any member of a BZA may be
ments in accordance with the terms of removed from office for just cause by four-fifths
these regulations; vote of the full membership of the BCC, but such
Supp.No.50 CD2:58.6
1/41101
ADMINISTRATION §2-1177
member shall be entitled to a public hearing if he (c) The BCC is hereby authorized and empow-
so requests in writing within 30 days of the date ered to make such appropriations as it may see fit
upon which the vote is taken. for the conduct of the work of the BZA. The BCC
is authorized and empowered to establish a sched-
(e) Vacancy. Wherever a vacancy occurs on a ule of fees,charges,and expenses,and a collection
BZA which reduces the membership of the BZA procedure therefor.
below 5 members,the BCC shall fill such vacancy
for the remainder of the term, within 30 days (d) The BZA may,from time to time,adopt and
after the vacancy occurs. No meetings of a BZA amend bylaws and rules of procedure not incon-
shall be held when the membership is less than 5 sistent with the provisions of these regulations.
members. (Ord. No. 2009-30, § 1)
(f) Officers. Boards of Zoning Appeals shall
elect a Chairman and Vice-Chairman from among Sec. 2-1175. Compensation.
the members, and may create and fill such other
offices as are determined to be necessary.Terms of Members of the BZA may receive such travel
all offices shall be for 1 year, with eligibility for and other expenses while on official business for
reelection. the BZA as are made available by the BCC for
(Ord. No. 2009-30, § 1) these purposes.
(Ord. No. 2009-30, § 1)
Sec. 2-1173. Quorum and Voting.
Sec. 2-1176. Meetings.
No meeting of the BZA shall be called to order,
` nor may any business be transacted by the BZA, (a) Meetings of the BZA shall be held as needed
4w without a quorum consisting of at least 3 mem- to dispose of matters properly before the BZA and
bers of the BZA being present. All actions shall may be called by the Chairman or in writing by 3
require a simple majority of the members of the members of the BZA.
BZA then present and voting, except for condi-
tional uses, which require 4 affirmative votes.
(Ord. No. 2009-30, § 1) (b) The location of meetings shall be in County
offices in Naples,Florida.If a matter is postponed
due to lack of a quorum, the Chairman shall
Sec. 2-1174. Rules of Procedure. continue the meeting as a special meeting to be
held within 7 days thereafter. In case of delays
(a) Boards of Zoning Appeals shall adopt rules caused by other reasons, the hearing shall be
for the transaction of business, and shall keep a rescheduled to the next BZA meeting. The Secre-
record of resolutions, transactions, findings, and tary shall notify all members of the date of the
determinations. Boards of Zoning Appeals may continued hearing and also shall notify all par-
provide for transcription of such hearings and ties.
proceedings, or portion of hearings and proceed-
ings, as may be deemed necessary. All such re- (c) All meetings and hearings of the BZA shall
cords shall be public records. be open to the public.
(b) Boards of Zoning Appeals may, subject to (Ord. No. 2009-30, § 1)
the approval of the BCC and within the financial
limitations set by appropriations made or other Sec. 2-1177. Repeal of Ordinance.
funds available, employ such experts, techni-
cians, and staff as may be deemed proper, pay Collier County hereby readopts Section 8.04.00
their salaries, and make such other expenditures (Board of Zoning Appeals) of the Collier County
as are necessary to conduct the work of the BZA Land Development Code in its entirety, as a
and effectuate its purposes. separate,stand-alone ordinance,as set out herein.
L
Supp.No.50 CD2:58.7
§2-1177 COLLIER COUNTY CODE
Concurrent with the effective date of this ordi- any specific case, or when it is claimed that the
nance, Section 8.04.00 (Board of Zoning Appeals) true intent and meaning of such building codes
of the Collier County Land Development Code is and technical codes or any of the regulations
hereby repealed in its entirety. thereunder, have been misconstrued or wrongly
(Ord. No. 2009-30, § 1, 2) interpreted by the building official;
Secs. 2-1178-2-1180. Reserved. (b) To accept appeals and render decisions
pursuant to interlocal agreements between the
County and independent fire districts which have
DIVISION 22. BUILDING BOARD OF entered into such agreements;
ADJUSTMENTS AND APPEALS
(c) To recommend to the BCC additional or
Sec. 2-1181. Establishment and Purpose. amended rules of procedure to govern the Build-
ing Board's proceedings; and
(a) There is hereby established a Building Board
of Adjustments and Appeals ("Building Board"). (d) To make its special knowledge and exper-
tise available upon reasonable written request
(b) The purpose of the Building Board is to and authorization of the BCC to any official,
provide a decision-making body through which an department, board, commission, or agency of the
owner of a building or structure, or his duly County, state, or federal governments.
authorized agency, may appeal the rejections or (Ord. No. 2009-31, § 1)
refusal of the building official to approve the mode
or manner of construction proposed to be fol Sec. 2-1183. Membership.
lowed, or materials to be used, in the erection or
alteration of that building or structure,or when it (a) Qualifications. The Building Board shall be
is claimed that the provisions of the Florida composed of 5 regular members appointed by the
Building Code and Florida Fire Prevention Code, BCC. The Collier County Fire Marshall's Associ-
as listed in Chapter One, do not apply, or that an ation may recommend for consideration by the
equally good or more desirable form of construc- BCC those 2 members, 1 of whom would be an
tion can be employed in a specific case,or when it architect or engineer, and 1 of whom must be a
is claimed that the true intent and meaning of fire protection specialist.The Building Board shall
such codes, or any of the regulations thereunder, consist of members engaged in the following oc-
have been misconstrued or wrongly interpreted cupations who, by reason of education, experi-
by the building official. ence,and knowledge,are deemed to be competent
(Ord. No. 2009-31, § 1) to sit in judgment on matters concerning the
Florida Building Code and Florida Fire Preven-
Sec. 2-1182. Powers and Duties. tion Code, as listed in Chapter One:
The Building Board shall have the following (1) One state-licensed architect or one struc-
powers and duties: tural engineer;
(a) To review and approve, with or without (2) One class A general contractor;
modifications or conditions, or deny an appeal
from a decision of the building official with regard (3) One state-certified fire protective equip-
to a variance from the mode or manner of con ment contractor or state certified fire
-
to proposed to be followed, or materials to fighter with the rank of lieutenant or
be used,in the erection or alteration of a building higher,or state certified fire safety inspec-
or structure, or when it is claimed that the tor with the rank of lieutenant or higher;
provisions of the Florida Building Code and Flor- (4) One licensed electrical contractor; and
ida Fire Prevention Code, as listed in Chapter
One,do not apply,or that an equally good or more (5) One licensed plumbing or mechanical con-
desirable form of construction can be employed in tractor.
L
Supp.No.50 CD2:58.8
Livii
ADMINISTRATION §2-1192
(b) Term. The members shall serve for a term DIVISION 23. ENVIRONMENTAL ADVISORY
of 4 years, except for initial appointees who shall COUNCIL
serve as follows:2 for a term of 1 year;2 for a term
of 2 years; 1 fora term of 3 years. Sec. 2-1191. Establishment.
(Ord. No. 2009-31, § 1)
There is hereby established an Environmental
Sec. 2-1184. Quorum. Advisory Council ("EAC"). The EAC obtains its
jurisdiction, powers, and limits of authority from
Three members of the Building Board shall the BCC and shall act in an advisory capacity to
constitute a quorum.In varying the application of the BCC in matters dealing with the regulation,
any provision of the Florida Building Code and control, management, use, or exploitation of any
Florida Fire Prevention Code, or in modifying an or all natural resources of or within the County,
order of the building official or the public safety and the review and evaluation of specific zoning
administrator,an affirmative vote of not less than and development petitions and their impact on
3 Building Board members shall be required. those resources.
(Ord. No. 2009-31, § 1) (Ord. No. 2009-32, § 1)
Sec. 2-1185. Rules of Procedure. Sec. 2-1192. Purpose.
(a) The Building Board shall establish rules The EAC will function to:
and regulations for its own procedure not incon-
sistent with the provisions of the Collier County (a) Advise on the preservation, conservation,
Building Code. protection, management, and beneficial
r use of the physical and biological natural
(b) The building official shall act as Secretary resources(atmospheric,terrestrial,aquatic,
of the Building Board and shall make a detailed and hydrologic)of the County in regard to
record of all its proceedings, which shall include, the safety, health, and general well-being
but shall not be limited to, all appeal decisions, of the public;
the reasons for its decisions, the vote of each
member participating therein, the absence of a (b) Advise and assist the County staff and the
member, and any failure of a member to vote. BCC toward developing the purpose, in
(Ord. No. 2009-31, § 1) tent, and criteria of all County ordi-
nances, policies, programs, and other ini-
tiatives dealing with natural resources;
Sec. 2-1186. Repeal of Ordinance.
(c) Provide written and oral reports directly
Collier County hereby readopts Section 8.05.00 to the BCC regarding recommendations
(Building Board of Adjustments and Appeals) of on matters dealing with the protection of
the Collier County Land Development Code in its natural resources; and
entirety, as a separate, stand-alone ordinance, as
set out herein. (d) Review and recommend stipulations ad-
dressing the preservation, conservation,
Concurrent with the effective date of this ordi- protection, management, and beneficial
nance, Section 8.05.00 (Building Board of Adjust- use of the County's physical and biological
ments and Appeals) of the Collier County Land natural resources (atmospheric, terres-
Development Code is hereby repealed in its en- trial, aquatic, and hydrologic) for peti-
tirety. tions and/or plans for selected develop-
(Ord. No. 2009-31, §§ 1, 2) ment orders that are directed to the EAC
by County staff, the BCC, or the provi-
sions of the LDC.
Secs. 2-1187-2-1190. Reserved. (Ord. No. 2009-32, § 1; Ord. No. 10-37, § 1)
Stowe
Supp.No.50 CD2:58.9
Loi
§2-1193 COLLIER COUNTY CODE
Sec. 2-1193. Powers and Duties. tion of air, land, water, and natural re-
The powers and duties of the EAC are as sources and environmental quality in the
County;
follows:
(a) Identify,study,evaluate,and provide tech- (k) Provide an appellate forum and process to
nical recommendations to the BCC on hear disputes between County staff and
programs necessary for the conservation, applicants concerning land development
management, and protection of air, land, projects and recommend proposed stipu
and water resources and environmental lations for project approval or grounds for
quality in the County; project denial for BCC consideration;
(b) Advise the BCC in establishing goals and (1) All preliminary subdivision plat and/or
objectives for the County's environmental site development plan submissions for de-
conservation and management programs; velopment or site alteration on undevel-
(c) Advise the BCC in developing and revis oped coastal barriers or in the Area of
ing, as appropriate, local rules, ordi Critical State Concern/Special Treatment
nances, regulations, programs, and other (ACSC/ST) zoning overlay shall be re
viewed and a recommendation shall be
initiatives addressing the use, conserva made for approval, approval with condi-
tion, and preservation of the County's tions or denial by the EAC. If the appli-
natural resources; cant chooses not to utilize the optional
(d) Advise the BCC in the implementation preliminary subdivision plat process, the
and development of the GMP regarding review and approval will occur at the time
environmental and natural resource is- of either the final plat and construction
sues; plans or the final plat.
(e) Advise the BCC in identifying and recom- (m) Scope of land development project re-
mending solutions to existing and future views. The EAC shall review the follow-
environmental issues; ing:
(f) Serve as the technical advisory committee (1) Any PUD that requests a deviation
to advise and assist the County in the from environmental standards of the
activities involved in the development and LDC or any development order that
implementation of the County environ- requests a deviation from the provi-
mental resources management program sions identified in GMP CCME Pol-
as stated in the Collier County GMP; icy 6.1.1 (13).
(g) Implement the water policy pursuant to (2) Any petition for which environmen-
the LDC; tal issues cannot be resolved be-
(h) Provide an opportunity for public com- tween the applicant and staff, and
ment on environmental issues,ordinances which is requested by either party to
and programs; be heard by the EAC.
(i) Implement the provisions of the Conser- (3) Any petition which requires a hear-
vation and Coastal Management Element ing by the Collier County Planning
of the Collier County GMP during the Commission(CCPC) or the Board of
review process for development petitions County Commissioners (BCC), and
and/or plans; by vote of CCPC or BCC requires the
(j) Assist in the implementation of any new petition to be reviewed by the EAC.
programs, ordinances, and/or policies ad- (4) Conditional Use (CU) petitions for
opted by the BCC which deal with the commercial excavations which are
conservation, management, and protec- not part of an approved subdivision.
Supp.No.50 CD2:58.10
ADMINISTRATION §2-2000
(5) Any CU or rezone for the following: Sec. 2-1194. Membership.
a. Undeveloped Coastal Barriers; The Board of County Commissioners hereby
b. Area of Critical State Concern/ designates the Collier County Planning Commis-
Special Treatment (ACSC/ST) sion as its local planning agency to sit as its
zoning overlay,unless an excep- Environmental Advisory Council.
tion or exemption pursuant to (Ord.No.2009-32,§ 1;Ord.No.2009-36,§ 1;Ord.
section 4.02.14 LDC is granted; No. 2013-51, § 1)
c. RFMU District Sending Lands; Sec. 2-1195. Reserved.
d. Coastal High Hazard Area
where shoreline alteration or Editor's note-Ord. No. 2013-51, § 1, adopted July 9,
2013,deleted§2-1195,entitled"Quorum and Voting",which
direct impacts to mangroves(ex- derived from Ord.No.2009-32,§1;Ord.No.2009-36,§2.
cluding mangrove trimming)is
proposed; Sec. 2-1196. Reserved.
e. Development with impacts to Editor's note-Ord. No. 2013-51, § 1, adopted July 9,
500 or more acres of native 2013, deleted § 2-1196, entitled "Rules of Procedure",which
vegetation (excluding impacts derived from Ord.No.2009-32,§ 1.
for environmental restoration).
(6) Any CU or rezone where the follow Sec. 2-1197. Reserved.
ing listed or protected species have Editor's note-Ord. No. 2013-51, § 1, adopted July 9,
been identified on-site within the 2013, deleted § 2-1197, entitled "Compensation", which de-
last 5 years:
rived from Ord.No.2009-32,§ 1.
a. Active bald eagle nests or their Sec. 2-1198. Reserved.
nest protection zones;
Editor's note-Ord. No. 2013-51, § 1, adopted July 9,
b. Scrub jay; 2013, deleted § 2-1198, entitled "Meetings", which derived
c. Nesting crested caracara;
from Ord.No.2009-32,§1.
d. Red-cockaded woodpecker Sec. 2-1199. Reserved.
(RCW) or active RCW cavity
trees; Editor's note-Ord. No. 2013-51, § 1, adopted July 9,
2013, deleted § 2-1199, entitled "Evaluation of the EAC",
e. Listed wading bird rookeries; which derived from Ord.No.2009-32,§ 1.
f. Burrowing owls
Sec. 2-2000. Appeal.
(n) Any petitioner may request a waiver of
the EAC hearing requirement for amend- A. Any person aggrieved by the decision of the
ments to CU or rezones,where no further County Manager or his designee regarding any
impacts or changes in location to previ- petition for which environmental issues cannot be
ously approved preserves or areas of re resolved between the applicant and staff in which
tained native vegetation are proposed, there is no other avenue of appeal may file a
and no additional species in accordance written request for appeal,not later than 10 days
with subsection(m)(6),(above)are identi after said decision, with the EAC. The EAC will
fled on site. notify the aggrieved person and the County Man-
ager or his designee of the date, time and place
(o) The surface water management aspects of that such appeal shall be heard; such notification
any petition, that is or will be reviewed will be given 21 days prior to the hearing unless
and permitted by South Florida Water all parties waive this requirement. The appeal
Management District (SFWMD), are ex- will be heard by the EAC within 60 days of the
empt from review by the EAC. submission of the appeal. No less than 10 days
(Ord. No. 2009-32, § 1; Ord. No. 10-37, § 2) prior to the hearing the aggrieved person and
Supp.No.50 CD2:58.11
§2-2000 COLLIER COUNTY CODE
staff shall submit to the EAC and to the County (b) To create a map delineating the areas of
Manager or his designee copies of the data and archaeological and historical significance
information they intend to use in the appeal, and which shall be subject to approval, by
will also simultaneously exchange such data and resolution, of the BCC. This map shall be
information with each other. Upon conclusion of known as "The map of Areas of Historical
the hearing the EAC will submit to the Board of Archaeological Probability" and shall be
County Commissioners its facts, findings and completed within 1 year from the date of
recommendations. The Board of County Commis- the first meeting of the Preservation Board;
sioners, in regular session, will make the final
decision to affirm, overrule or modify the decision (c) Maintain and update the map of Areas of
Historical Archaeological Probability at
of the County Manager or his designee in light of intervals not to exceed 5 years.All subse
the recommendations of the EAC. quent changes to the map shall be subject
(Ord. No. 2009-32, § 1) to approval by the BCC;
Sec. 2-2000.1 Repeal of Ordinance.
Collier County hereby readopts Section 8.06.00
(Environmental Advisory Council) of the Collier
County Land Development Code in its entirety,as
a separate, stand-alone ordinance, as set out
herein.
Concurrent with the effective date of this ordi-
nance, Section 8.06.00 (Environmental Advisory
Council)of the Collier County Land Development
V Code is hereby repealed in its entirety.
(Ord. No. 2009-32, §§ 1, 2)
Secs. 2-2000.2-2-2000.10. Reserved.
DIVISION 24. HISTORIC/ARCHAEOLOGIC
PRESERVATION BOARD
Sec. 2-2000.11 Establishment.
There is hereby created a Historic/Archaeolog-
ical Preservation Board ("Preservation Board,")
which shall serve as an advisory board to the BCC
for Collier County,Florida.The Preservation Board
is vested with the power, authority, and jurisdic-
tion to designate,regulate,and administer histor-
ical and archaeological resources in the County
under the direct jurisdiction and control of the
BCC.
(Ord. No. 2009-33, § 1)
Sec. 2-2000.12 Powers and Duties.
The Preservation Board shall have the follow-
ing powers and duties:
(a) To propose rules and procedures to imple-
ment the provisions of this section to the
BCC;
1/44.0
Supp.No.50 CD2:58.12
ADMINISTRATION §2-2000.13
(d) To designate specific sites,structures,dis- Rehabilitation" 36 C.F.R. § 67 (2001), as
tricts,buildings, and properties as histor- amended, and incorporated by reference
ically and or archaeologically significant herein;
in accordance with Section 2.03.07 E. of
the Collier County Land Development (o) To design an application for an historical
Code; archaeological survey and assessment
waiver request;
(e) To seek assistance and advice on technical
related matters requiring professional ex- (p) Review appeals for historical archaeolog-
pertise; ical survey and assessment waiver re-
quests denied by the County Manager or
(f) To maintain a master file of sites, dis- designee;
tricts, structures, buildings and proper-
ties designated as historically significant; (q) To design an application for designation of
and maintain a separate master file of specific sites, districts, structures, build-
sites designated as archaeologically sig- ings, and properties as historically
nificant; archaeologically significant; and
(g) To prepare and recommend to the BCC (r) To perform any other function or duty
financial and technical incentive pro- assigned by the BCC.
grams to further historic and archaeolog- (Ord. No. 2009-33, § 1)
ical preservation;
(h) To increase the awareness of historic and Sec. 2-2000.13 Membership.
archaeological preservation and its coin-
munity benefits by promoting public edu (a) Appointments.The Preservation Board shall
cation programs; consist of 7 members appointed by the BCC.Each
member of the Preservation Board shall hold
(i) To apply for, in the name of the County office only so long as he or she is a resident of
only, grant assistance from State, Fed- Collier County, Florida. Appointments shall be
eral, or private sources for the purpose of made by resolution of the BCC on the basis of a
furthering historic and archaeological pres- potential member's involvement in community
ervation subject to approval of the BCC; issues, integrity, experience, and interest in the
(j) To review the appropriateness of applying field of historical and archaeological preservation.
for the designation as a certified local
government (36 C.F.R. § 61 (2001)) on (b) Qualifications. The BCC shall appoint 1
behalf of the County; member from each of the following categories:
(k) Upon the County's designation as a certi- (1) History;
fied local government,to review and make (2) Archaeology;
recommendations concerning National Reg-
ister of Historic Places nomination propos- (3) Real estate,land development or finance;
als to the Florida Review Board; (4) Architecture, engineering, building con-
(1) To identify criteria for determining the struction,and landscape architecture;and
potential location of historical archaeolog-
ical sites which shall be used by project (5) Law or urban planning.
review services during site inspection; The 2 remaining positions shall be filled by
(m) To design an application for the certificate citizens at large.
•
of appropriateness; (c) Term. All appointments shall be made for 3
(n) To issue certificates of appropriateness years. A Preservation Board member shall be
based on criteria outlined in the U.S. eligible for reappointment,but shall be limited to
Secretary of the Interior's "Standards for 2 consecutive terms.
Supp.No. 27 CD2:59
2-2000.1.3 COLLIER COUNTY CODE
(d) Officers. The members of the Preservation (d) The Preservation Board's meeting agenda
Board shall elect a chairman and a vice-chairman shall be published the Sunday prior to the sched-
for a 1 year term each. The chairman shall uled meeting in a newspaper of general paid
preside at all meetings and shall have the right to circulation in the County and of general interest
vote. The vice-chairman shall preside in the ab- and readership in the community. The ad may be
sence of the chairman. The chairman and vice- placed where other legal notices appear.
chairman may be reelected for an additional 1 (Ord. No. 2009-33, § 1)
year term each, but may not serve for more than
2 consecutive years. Sec. 2-2000.16 Repeal of Ordinance.
(e) Removal. Prior to the expiration of his or Collier County hereby readopts Section 8.07.00
her term, a member of the Preservation Board (Historic/Archaeologic Preservation Board)of the
may be removed from office by a majority vote of Collier County Land Development Code in its
the BCC. A member of the Preservation Board entirety, as a separate, stand-alone ordinance, as
shall be automatically removed if he is absent set out herein.
from 2 consecutive meetings without a satisfac-
tory excuse or, in the alternative, if he is absent Concurrent with the effective date of this ordi-
from more than I/4 of the meetings in a given fiscal nance,Section 8.07.00(Historic/Archaeologic Pres-
year, provided that the Preservation Board has ervation Board) of the Collier County Land De-
met at least 8 times in the given fiscal year. velopment Code is hereby repealed in its entirety.
Members shall be deemed absent from a meeting (Ord. No. 2009-33, §§ 1, 2)
when they are not present during at least 75
percent of the meeting.
ARTICLE IX. CONSOLIDATED CODE
(f) Vacancy. The BCC shall fill the vacancy by ENFORCEMENT REGULATIONS*
appointment.
(Ord. No. 2009-33, § 1) DIVISION 1. GENERAL
Sec. 2-2000.14 Compensation. Sec. 2-2001. Title and Citation.
Members of the Preservation Board shall serve This Ordinance shall be known and may be
without compensation. cited as the "Collier County Consolidated Code
(Ord. No. 2009-33, § 1) Enforcement Ordinance".
(Ord. No. 2010-04, § 1)
Sec. 2-2000.15 Meetings.
Sec. 2-2002. Applicability.
(a) The Preservation Board shall meet at least
once per month, at a date and time to be decided The provisions of this Ordinance shall apply to,
by the Preservation Board, unless there is no and be enforced in, the unincorporated areas of
business pending before the Preservation Board. Collier County.This Ordinance shall apply to,and
Regardless of the lack of pending business, the be enforced in, any municipalities within Collier
Preservation Board shall meet at least 4 times County that agree,by resolution of the governing
during any calendar year. bodies of both the County and the municipality,to
have this Ordinance apply and be enforced in the
(b) All meetings of the Preservation Board municipality.
shall be open to the public. (Ord. No. 2010-04, § 1)
*Editor's note—Ord. No. 2010-04, § 1, adopted Jan. 26,
(c) A public record of the Preservation Board's 2010,amended Art.IX in its entirety to read as herein set out.
minutes and resolutions shall be maintained and Former Art.IX,§§2-2001-2-2047,pertained to similar sub-
made available for inspection by the public. ject matter and derived from Ord.No.2007-44,§§2,and II.
Loo
Supp.No.27 CD2:60
ADMINISTRATION §2-2005
Sec. 2-2003. Purpose and Authority. Prosecutor means anyone authorized to present
It is the intent of this Ordinance to promote, cases before the Enforcement Board or Special
protect, and improve the health, safety, and wel- Magistrate, and shall include Code Enforcement
fare of the citizens of Collier County by authoriz- Officers.
ing the creation of a Code Enforcement Board, Public nuisance means those nuisances as iden-
which may act as the Collier County Nuisance tified in either F.S. § 893.138 or F.S. § 823.05, or
Abatement Board from time to time, and a Spe- other statute or ordinance declaring public nui-
cial Magistrate, with authority to impose admin- sances.
istrative fines and other noncriminal penalties;
and to provide a Code Enforcement Citation pro- Repeat violation shall mean a violation of a
cess for enforcement of County codes and ordi- provision of a code or ordinance by a person who
nances in County Court, all of which is intended has been previously found through the Enforce-
to provide an equitable, expeditious, effective, ment Board, Special Magistrate, or any other
and inexpensive method of enforcing any codes quasi-judicial or judicial process,to have violated
and ordinances in force in Collier County,where a the same provision within five years prior to the
pending or repeat violation exists. violation,notwithstanding the former and present
(Ord. No. 2010-04, § 1) violations occurring at different locations.
Sec. 2-2004. General Definitions and Abbre- Secretary to the Enforcement Board, or Secre-
viations. tary to the Special Magistrate, means the admin-
istrative staff personnel responsible for the prep-
When used in this Ordinance, the following aration, development and coordination of all
terms shall have the following meanings, unless
administrative and case management services
the context clearly indicates otherwise: necessary for the proper functioning of the En-
Code Enforcement Officer means any autho- forcement Board or Special Magistrate, as the
rized agent or employee of the County whose duty case may be.
it is to assure code and ordinance compliance.
Special Magistrate is a person authorized by
Commission means the Board of County Corn- the Commission to hear and decide cases involv-
missioners of Collier County, Florida. ing violations of any County codes and ordi-
Enforcement Board means the Collier County nances.
Code Enforcement Board, which may act as the Violator means a person (the property owner,
Collier County Nuisance Abatement Board from tenant,or business entity on the premises,or any
time to time, and which is authorized to hear and combination thereof) alleged or found to have
decide cases involving violations of any County violated any code or ordinance of Collier County,
codes and ordinances. which an Enforcement Board or Special Magis-
Notice to appear refers to a written order is- trate has jurisdiction to enforce.
sued by a Code Enforcement Officer requiring a (Ord. No. 2010-04, § 1)
person accused of violating the law to appear in a
designated court or government office at a speci- Sec. 2-2005. Rules of Procedure.
feed date and time. If a person refuses to sign the
notice to appear, the Code Enforcement Officer Both an Enforcement Board and a Special
has no authority to arrest such person. Magistrate may adopt such rules and regulations
Order means a decision of the Enforcement as deemed necessary to carry out their duties,
Board or the Special Magistrate, whether stated consistent with the provisions of this Article and
orally or reduced to writing. F.S. ch. 162,the Local Government Code Enforce-
ment Boards Act, subject to approval by the
Person means an individual, association, firm, Commission.
partnership, corporation, or other legal entity. (Ord. No. 2010-04, § 1)
Supp.No. 27 CD2:61
`,,erg 2-2006 COLLIER COUNTY CODE
Sec. 2-2006. Powers and duties. hear and decide cases in which violations are
alleged of any provision of Collier County codes or
Both an Enforcement Board and a Special ordinances.
Magistrate shall have the power to: (Ord. No. 2010-04, § 1)
(1) Adopt rules and regulations for the con-
duct of hearings; Sec. 2-2012. Members.
(2) Subpoena alleged violators and witnesses The Enforcement Board shall be comprised of
to appear at hearings, which subpoenas seven members and two alternate members ap-
may be served by the Collier County Sher- pointed by the Commission. Members of the En-
iff or a duly authorized person; forcement Board shall include, whenever possi-
(3) Subpoena evidence including,but not lim- ble,an architect,a businessperson,an engineer,a
ited to, records, surveys, plats, and other general contractor,a subcontractor, and a realtor.
documentary evidence, which subpoena (Ord. No. 2010-04, § 1)
may be served by the Collier County Sher-
iff or a duly authorized person; Sec. 2-2013. Compensation; residency re-
(4) Take testimony under oath; quirements.
(5) Hold hearings on notices of violations and Each member of the Enforcement Board shall
citations; be a permanent resident of Collier County and
shall serve without compensation.
(6) Issue orders having the force of law to (Ord. No. 2010-04, § 1)
command whatever steps are necessary to
L. bring a violation into compliance; Sec. 2-2014. Expenses.
(7) Assess administrative fines, costs, and to
impose liens and order the payment of Members may be reimbursed for such travel,
such fines, as provided for herein; mileage, and per diem expenses as may be autho-
rized, in advance, by the Commission.
(8) Authorize the county attorney, or his des- (Ord. No. 2010-04, § 1)
ignee, to foreclose on a lien or sue to
recover a money judgment for unpaid Sec. 2-2015. Term of office.
fines and costs imposed by the Enforce-
ment Board or Special Magistrate; and Terms of office shall be in accordance with
(9) Uphold any other powers and duties Ordinance No. 2001-55, as it may be amended.
granted by F.S.ch. 162,the Local Govern (Ord. No. 2010 04, § 1)
ment Code Enforcement Board Act.
(Ord. No. 2010-04, § 1) Sec. 2-2016. Attendance requirements.
Enforcement Board member attendance require-
Secs. 2-2007-2-2010. Reserved. ments, including failure to attend meetings and
removal from office, shall be governed by Ordi-
DIVISION 2. CODE ENFORCEMENT BOARD nance No. 2001-55 or its successor ordinance.The
AND NUISANCE ABATEMENT BOARD members shall serve at the pleasure of the Com-
mission and may be suspended and removed for
Sec. 2-2011. Created. cause by a majority vote of the quorum of the
Commission. If any member becomes a candidate
There shall be one or more Enforcement Boards for publicly elected office,or becomes an employee
which shall, from time to time, also function as of the County, his or her membership will auto-
the Collier County Nuisance Abatement Board. matically terminate.
The Enforcement Board shall have jurisdiction to (Ord. No. 2010-04, § 1)
L
Supp.No.27 CD2:62
ADMINISTRATION §2-2021
Sec. 2-2017. Alternate member. (b) Officers of an Enforcement Board shall be
An alternate member shall act only in the elected by a majority vote of the membership at
absence,or disqualification,of a regular Enforce- the first meeting of the Enforcement Board,after
ment Board member. the initial appointment of the membership and
(Ord. No. 2010-04, § 1)
annually thereafter.
(c) A minimum of four members of an Enforce-
Sec. 2-2018. Appointment. ment Board shall constitute a quorum. An
The initial appointments to the Enforcement alternate member shall be considered as one of
Board shall be as follows: such members for quorum purposes.
(1) Two members shall be appointed for a (d) The Commission shall provide such cleri-
term of one year each; cal and administrative personnel and legal
services as may be reasonably required by an
(2) Three members shall be appointed for a Enforcement Board for the proper performance
term of two years each; of its duties.
(3) Two members shall be appointed for a (e) The Commission shall appoint either the
term of three years each; Officer of the Collier County Attorney or an
(4) One alternate member shall be appointed attorney who is a member of the Florida Bar,
for a term of two years and one alternate either residing or practicing in the County, to
member shall be appointed for a term of represent and act as legal counsel to the Enforce-
three years; ment Board, and such person shall attend all
meetings of the Enforcement Board. If not the
(5) Thereafter,all appointments shall be made County Attorney,the appointed attorney shall be
by the Commission for a term of three compensated as provided by the Commission.
years;
(f) The Enforcement Board shall be reviewed
(6) In the event any member's term, includ-
by the Commission, in accordance with Collier
ing that of any alternate member's term, County Ordinance No. 2001-55, as it may be
expires during the pendency of a case(s) amended.
which has not reached conclusion by a (Ord. No. 2010-04, § 1)
final vote, such member's expired term
shall automatically be extended for the Sec. 2-2020. Reserved.
limited time and for the limited purpose
of presiding over such particular case(s)
until conclusion and final vote and the DIVISION 3. SPECIAL MAGISTRATE
time for rehearing has passed. In the
event a rehearing is granted, such Sec. 2-2021. Jurisdiction of Special
member's term shall continue for the Magistrates.
limited time and limited purpose to rehear
the matter and reach conclusion by final Special Magistrates shall have the same
vote. jurisdiction to hear and decide cases as the
(Ord. No. 2010-04, § 1) Enforcement Board, and may also hold hearings
on contested citations under the procedures set
Sec. 2-2019. Organization of the Enforce- forth in Article V herein, issued by but not
ment Board. limited to, the Collier County Sheriffs office, the
Collier County Code Enforcement Department,
(a) An Enforcement Board shall consist of a Domestic Animal Services, and the Utility Bill-
chairperson, a vice-chairperson, and such other ing and Customer Services Departments for
officers as the Enforcement Board shall deem violation of local codes and ordinances. In addi-
necessary, after election to such position by the tion, the Special Magistrate shall have jurisdic-
regular voting Enforcement Board members. tion to hear appeals of dangerous dog
Supp. No. 77 CD2:63
2-2021 COLLIER COUNTY CODE
determinations pursuant to F.S. ch. 767 and to (4) If any Special Magistrate resigns or is
hear and decide matters involving vendor pay- removed prior to expiration of his or her
ment disputes pursuant to F.S. § 218.70 and term or the Review Board determines
Ord. No. 2013-69, as amended, together with that the Special Magistrate should not
such matters as may be authorized by the Board be reappointed, the Review Board shall
of County Commissioners pursuant to Florida make a recommendation for reappoint-
Statutes or as may be established by county ment from the candidates previously
ordinance, either for final decision or for recom- interviewed to fill the vacancy within 30
mendation to the Board. days.
(Ord. No. 2010-04, § 1; Ord. No. 2018-22, § 1) (Ord. No. 2010-04, § 1)
Sec. 2-2022. Qualification,appointment,and Sec. 2-2023. Establishment of a Special
removal of Special Magistrates. Magistrate Review Board.
Appointment of a Special Magistrate shall be The Commission shall create a Special
based on the following qualifications and terms: Magistrate Review Board, comprised of two
members of the Code Enforcement Department;
(1) The Commission shall appoint as many one member from the Office of the Collier County
Special Magistrates as deemed neces- Attorney; and two sitting members of the Code
sary. Enforcement Board. The duty of the Review
Board shall be to recommend appointment for
(2) Special Magistrates shall at minimum: the Special Magistrate(s) and review, on an
(a)be a graduate of a law school accredited annual basis, the performance of the Special
by the American Bar Association; (b) Magistrate(s)in order to recommend the removal
demonstrate knowledge of administra-
tiveor reappointment of said Special Magistrates)to
law, land use law and local govern- the Commission.
ment regulations and procedures;(c)be a (Ord. No. 2010-04, § 1)
member in good standing with the Florida
Bar; and (d) be either a certified media-
tor under the rules of the Florida Supreme Secs. 2-2024, 2-2025. Reserved.
Court, an arbitrator qualified by a
recognized Arbitration Association, or a DIVISION 4. PROCEDURES GOVERNING
former judge; and (e) meet other such THE CODE ENFORCEMENT BOARD,
qualifications that may be established by NUISANCE ABATEMENT BOARD,AND THE
resolution of the Commission. SPECIAL MAGISTRATE
(3) Special Magistrate appointment shall be
for a two-year term. Upon recommenda Sec. 2-2026. Enforcement procedures.
tion of the Special Magistrate Review Matters brought to the Enforcement Board
Board, any Special Magistrate may be not sitting as a Nuisance Abatement Board, or to
reappointed at the discretion of the Com- the Special Magistrate,shall be scheduled on the
mission. There shall be no limit on the applicable agenda consistent with the following
number of reappointments that may be procedures:
given to any Special Magistrate;provided
a determination for removal or reappoint- (1) Alleged violations of any code or ordinance
ment is made for each individual Special may be filed with the Code Enforcement
Magistrate at the end of each two-year Department by citizens or those
term. The Commission shall have author- administrative officials who have the
ity to remove a Special Magistrate with responsibility of enforcing the various
or without cause upon ten days written codes and ordinances in force in Collier
notice. County.
V
Supp. No. 77 CD2:64
Y ADMINISTRATION §2-2026
(2) If a violation(s) of a code or ordinance is
believed to exist, the Code Enforcement
Officer shall provide notice and specify a
reasonable time to correct the viola-
tion(s). Notice shall be given in writing
and shall specify the alleged violation,
the required corrective action and the
time period for correction.
Supp. No. 77 CD2:64.1
ADMINISTRATION §2-2027
(3) Should any violation continue beyond the (7) If the owner of property which is subject
time specified for correction, the Secre- to an Enforcement Board or Special Mag-
tary to the Enforcement Board or Special istrate proceeding transfers ownership of
Magistrate shall give notice to the Viola- such property between the time the notice
tor that a hearing will be conducted con- of violation was served and the time of the
cerning the alleged violation(s)as noticed. hearing, such owner shall:
The notice shall state the time and place a. Disclose, in writing, the existence
of the hearing, as well as the violation(s) and the nature of the proceeding to
which are alleged to exist. the prospective transferee;
(4) If the violation is corrected and then re- b. Deliver to the prospective transferee
occurs, or if the violation is not corrected a copy of the notices and other ma-
by the time specified for correction in the terials relating to the code enforce-
notice,the Code Enforcement Officer may ment proceeding received by the Vi-
either issue a citation or schedule the case olator/transferor;
for hearing, and the notice of hearing c. Disclose, in writing, to the prospec-
shall so state. If the Code Enforcement tive transferee that the new owner
Officer initiates the hearing process, the will be responsible for compliance
case may be brought for hearing even if with the applicable code and with
the violation has been corrected prior to orders issued in the Enforcement
hearing,and the notice of hearing shall so Board or Special Magistrate proceed-
state. ing; and
(5) If the Code Enforcement Officer has rea- d. File a notice with the Code Enforce-
son to believe a violation or the condition ment Department of the transfer of
causing the violation presents a serious the property, with the identity and
threat to the public health, safety and address of the new owner and copies
welfare or if the violation is irreparable or of the disclosures made to the new
irreversible in nature, the Code Enforce- owner, within five days after the
ment Officer shall make a reasonable date of the transfer.
effort to notify the Violator and may im- A failure to make the disclosure de-
mediately notify the Enforcement Board scribed above and before the trans-
or Special Magistrate and request a hear- fer creates a rebuttable presumption
ing. Under such circumstances, the Code of fraud. If the property is trans-
Enforcement Officer shall not be required ferred before the hearing, the hear-
to adhere to the notice and time require- ing shall not be dismissed, but the
ments as set forth above. new owner shall be provided a rea-
sonable period of time to correct the
(6) If a repeat violation is found, the Code violation before the hearing is held.
Enforcement Officer shall notify the Vio- (Ord. No. 2010-04, § 1)
lator but is not required to give the Viola-
tor reasonable time to correct the viola- Sec. 2-2027. Enforcement procedures before
tion. The Code Enforcement Officer,upon the Nuisance Abatement Board.
notifying the Violator of a repeat viola-
tion, may request a hearing. The Code Matters brought to the Enforcement Board
Enforcement Department shall give no- sitting as the Collier County Public Nuisance
tice to the Violator as set forth in this Abatement Board shall be scheduled on a sepa-
Ordinance. The case may be brought for rate agenda in accordance with the following
hearing even if the repeat violation has procedures:
been corrected prior to hearing, and the (1) Any employee, officer or resident of Col-
notice of hearing shall so state. Tier County may make a complaint and
Supp.No.27 CD2:65
2-2027 COLLIER COUNTY CODE
request for prosecution of public nui- also make available the Sheriffs staff
sances before the Public Nuisance Abate- witnesses to appear before the Nuisance
ment Board,for public nuisance(s)located Abatement Board without need for sub-
within the area of Collier County as set poena.
forth in Section 2-2002 of this Article. (4) Written notice of a hearing before the
Said complaint shall be made with the Public Nuisance Abatement Board shall
Collier County Sheriffs Office if the corn be provided by the Secretary to the En
plaint involves criminal activity as the forcement Board by certified mail, return
underlying basis for the nuisance com receipt requested, to the owner of the
plaint. Any non criminal nuisance com place or premises and to the complainant
plaints shall be made with the Collier at least ten calendar days prior to the
County Code Enforcement Department. scheduled hearing. Said notice shall in-
(2) Upon the making of more than two corn- dude:
plaints within a six-month period on any a. A statement of the time, place and
particular place or premises, the Collier nature of the hearing;
County Code Enforcement Supervisor or
his/her designee shall mail written notice b. A statement of the legal authority
of such complaints by hand delivery or by and jurisdiction under which the hear
certified mail,return receipt requested,to ing is to be held;
the owner of the place or premises com- c. A reference to the particular sections
plained of at the owner's address listed in of the statutes and ordinances in-
the tax collector's office of tax notices. volved; and
Said notice shall provide for the owner of d. A short and plain statement summa
the place or premises to contact the Col rizing the nuisance, which is the
Tier County Code Enforcement Depart- subject of the complaint.
ment within 14 days of receipt of the (Ord. No. 2010-04, § 1)
notice. This time period shall be allowed
for the purpose of allowing the owner to Sec. 2-2028. Subpoena procedures for En-
take such good faith measures as are forcement Board, Nuisance
appropriate to abate the nuisance. The Abatement Board, and Special
Code Enforcement Department supervi- Magistrate.
sor or his/her designee may extend the 14
days to allow the owner to initiate or (a) Every subpoena for testimony before an
continue actions to abate the nuisance, Enforcement Board, Nuisance Abatement Board
provided that the actions taken are rea- or Special Magistrate shall be approved in ad-
sonable. vance of issuance by the Enforcement Board,
Nuisance Abatement Board or Special Magis-
(3) In the event the owner fails to respond to trate,respectively. Each subpoena shall state the
the notice from the Collier County Code name of the Enforcement Board, the title of the
Enforcement Department or fails to take action, the case number of the action, the name
reasonable action to abate the nuisance and address of the person to whom the subpoena
within the time frames set forth above, is issued, and the time, place and location of the
the Secretary to the Enforcement Board hearing at which the person is directed to appear,
shall schedule a hearing on the complaint and shall be prepared by the party requesting
before the Nuisance Abatement Board. issuance.
The Collier County Sheriffs Office shall
provide the Prosecutor with the results of (b) A subpoena for production of documentary
its investigation of the complaint and also evidence may also be issued to command the
assist in serving any notices required un- person to whom it is directed to produce the
der this division.The Sheriffs Office shall books, papers, documents or tangible items des-
Supp.No.27 CD2:66
ADMINISTRATION §2-2029
ignated therein. The Enforcement Board, upon nical rules relating to evidence and wit-
motion made timely and in any event at or before nesses.They shall,however,be conducted
the time specified in the subpoena for compliance in accordance with accepted parliamen-
therewith,may:(1)quash or modify the subpoena tary procedures relative to motions,votes
if it is unreasonable or oppressive;or(2)condition and decisions. Fundamental due process
denial of the motion upon the advancement by the shall be observed and shall govern all
person on whose behalf the subpoena is issued of hearings.
the reasonable cost of producing the requested
books, papers, documents or tangible items. (4) At the hearing, the burden of proof shall
be upon the Prosecutor to show by a
(c) A subpoena may be served by any person
authorized by law to serve process or by any other preponderance of the evidence that a vio
person who is not a party to the action and who is lation(s) does exist and that the Violator
not less than 18 years of age.Proof of such service committed, or was responsible for main
shall be made by affidavit of the person making taining or allowing the violation to con
service if not served by an officer authorized by tinue.
law to do so.Proof of service shall be filed with the (5) Where notice of the hearing has been
Secretary of the Enforcement Board.The party at provided to the Violator as provided for
whose request the service is made shall make herein, a hearing may be conducted and
payment of any service fee. an order rendered even in the absence of
(d) Persons subpoenaed shall be entitled to a the Violator.
witness fee and mileage compensation as pro-
vided for in F.S. § 92.142. The cost of the witness (6) All testimony shall be under oath and
fee and mileage compensation shall be borne by shall be recorded by a certified court re-
porter party at whose request the subpoena is issued porter and/or a recording instrument.The
and shall be paid to the witness at or before the Violator may cause the proceedings to be
time of service of the subpoena. recorded by an independent certified court
(Ord. No. 2010-04, § 1) reporter.
Sec. 2-2029. Conduct of hearing. (7) All relevant evidence shall be admitted if,
in the opinion of the Enforcement Board
(a) Hearings relating to violations of local codes or Special Magistrate, it is the type of
and ordinances shall be conducted in the follow- evidence upon which reasonable persons
ing manner whether being held by the Code would normally rely in the conduct of
Enforcement Board, Nuisance Abatement Board business affairs, regardless of the exist-
or Special Magistrate: ence of any common law or statutory rule
which might make such evidence inadmis-
(1) Upon request of the Code Enforcement
sible over objection in civil actions. Any
Officer, or at such times as may be neces- part of the evidence may be received in
sary, a hearing before the Enforcement written form.
Board or Special Magistrate may be con-
vened. (8) Hearsay evidence may be accepted for the
(2) All hearings shall be open to the public purpose of supplementing or explaining
and any person whose interests may be any direct evidence, but such hearsay
affected by the matter before the Enforce- evidence shall not in and of itself be
ment Board shall be given an opportunity considered sufficient to support a finding
to be heard. Official minutes of all hear or decision.
ings shall be kept. (9) Each party to the hearing shall have the
(3) Hearings may be informal and need not right to call and examine witnesses,intro-
be conducted in accordance with the tech- duce exhibits,cross-examine opposing wit-
Lie
Supp.No.27 CD2:67
2-2029 COLLIER COUNTY CODE
nesses, impeach witnesses and rebut evi- nances, and all costs of repairs incurred
dence. The Violator may be represented by the County. Whether and to what ex-
by legal counsel at all hearings. tent such costs are imposed shall be within
the discretion of the Enforcement Board
(10) At the conclusion of the hearing,an Order
shall be issued. Orders shall be based on or Special Magistrate, but shall not ex
teed the costs incurred.
competent and substantial evidence en-
tered into the record, and must be based (b) Special Additional Rules for Nuisance Abate-
on a preponderance of the evidence. The ment Board. The Collier County Code Enforce-
decision shall then be sent, by regular ment Department shall present cases before the
First Class United States Mail, to the Nuisance Abatement Board. The Collier County
Violator in the form of a written Order Sheriffs Office shall only be responsible for re-
including findings of fact and conclusions ceiving and investigating complaints,sharing said
of law based on evidence of record. investigative information with the Code Enforce-
(11) Should an Enforcement Board or Special ment Department, notifying the Code Enforce-
Magistrate be unable to issue a decision ment Department of the need to schedule hear-
immediately following any hearing be- ings, assisting Code Enforcement Department
cause of questions of law or other matters staff in serving any notices required under this
of such nature that a decision cannot be Ordinance, and making available investigative
immediately made,the Enforcement Board witnesses at Nuisance Abatement Board hear-
may withhold issuing its decision until a ings.Where appropriate,the public may be given
subsequent meeting,and the Special Mag an opportunity to present oral or written commu-
istrate may withhold issuing his or her nications,in which event all parties shall be given
decision for a period not exceeding thirty an opportunity to cross-examine, challenge, or
(30) days. In such a case, further discus- rebut said material. After considering all evi-
sion of the pending matter and all delib dence, the Nuisance Abatement Board may de-
erations relating thereto by members of dare the place or premises to be a public nui-
an Enforcement Board shall occur at a sance,as defined by applicable County ordinances
public meeting of the Enforcement Board. and Florida Statutes, and may enter an order
The Enforcement Board or Special Mag- prohibiting:
istrate shall thereafter issue its decision (1) The maintaining of a nuisance;
pursuant to subsection(a)(10)of this Sec-
tion. (2) The operating or maintaining of the place
(12) A certified copy of such order may be or premises, including the closure of the
place or premises or any part thereof;
recorded in the public records of Collier
County and shall constitute notice to any (3) The conduct,operation or maintenance of
subsequent purchasers, successors in in- any business or activity on the premises
terest, or assigns as the violation(s) con- which is conducive to such nuisance.
cern(s) real property, and the findings An Order entered under subsection (b)
therein shall be binding upon the Violator
and,if the violation(s)concern(s)real prop- shall expire after one year or at such
erty, any subsequent purchasers, succes earlier time as stated in the Order. The
sors in interest, or assigns. Nuisance Abatement Board may retain
jurisdiction to modify its Orders prior to
(13) If Collier County prevails in prosecuting a the expiration of said Orders. The Nui-
case before the Enforcement Board or sance Abatement Board or any other au-
Special Magistrate, it shall be entitled to thorized person, may bring a complaint
recover all costs incurred in prosecuting under F.S. § 60.05, seeking a permanent
the case, including costs incurred by the injunction against any public nuisance.
County in enforcing its codes and ordi- (Ord. No. 2010-04, § 1)
Supp.No.27 CD2:68
ADMINISTRATION §2-2031
Sec. 2-2030. Penalties before Enforcement of the tenant.The total fines imposed pursuant to
Board and Special Magistrate. the authority of F.S. § 893.138, shall not exceed
(1) Upon a finding of violation, the Enforce $15,000.00.
ment Board or Special Magistrate may order the (5) A certified copy of an Enforcement Board or
Violator to pay a fine which shall not exceed Special Magistrate's Order imposing a fine may
$1,000.00 per day per violation for each day the be recorded in the public records and thereafter
first violation continues past the date set for shall constitute a lien against the land on which
compliance by the Enforcement Board or Special the violation occurred or exists, and upon any
Magistrate; or in the case of a repeat violation, other real or personal property owned by the
may order the repeat Violator to pay a fine which Violator;and except as otherwise provided by law,
shall not exceed $5,000.00 per day per violation including mortgages recorded prior in time and
for each day the repeat violation continues past the lien of county taxes, shall be superior to the
the date set for compliance by the Code Enforce- interest on such parcel or property of any owner,
ment Board, or from the time the violation has lessee,tenant, after-recorded mortgagee,or other
been repeated, and a hearing shall not be neces- person and shall be coequal with county taxes
sary for the issuance of the Order. If the Enforce- enforced in the same manner as a court judgment
ment Board or Special Magistrate finds a viola- by the sheriffs of this state,including levy against
tion to be irreparable or irreversible in nature, it personal property,but shall not be deemed to be a
may impose a fine not to exceed $15,000.00 per court judgment except for enforcement purposes.
violation. After three months from the filing of any such lien
(2) In determining the amount of the fine, if which remains unpaid, the enforcement board
any, the Enforcement Board or Special Magis may authorize the county attorney to foreclose on
trate, as the case may be, shall consider the the lien or forward the lien to a collection agency.
following factors: No lien created pursuant to this Section may be
foreclosed on real property that is a homestead
(a) The gravity of the violation; under Article X, Section 4 of the Florida Consti-
(b) Any actions taken by the Violator to cor- tution.
rect the violation; and
(6) No lien provided under this division shall
(c) Any previous violations committed by the continue for a period longer than 20 years after
Violator. the certified copy of an Order imposing a fine has
(3) The Nuisance Abatement Board may order been recorded, unless within that time an action
the Violator to pay a fine which shall not exceed to foreclose on the lien is commenced in a court of
competent jurisdiction. The continuation of the
$250.00 per day for each day the first violation lien effected by the commencement of the action
continues past the date set for compliance; or in
the case of a repeat Violator,may order the repeat shall not be good against creditors or subsequent
Violator to pay a fine which shall not exceed purchasers for valuable consideration without
$500.00 per day. notice, unless a notice of lis pendens is recorded.
(Ord. No. 2010-04, § 1; Ord. No. 2013-49, § 1)
(4) Where the Nuisance Abatement Board hears
an administrative action, based on a stolen prop- Sec. 2-2031. Costs for nuisance abatement
erty nuisance,against a property owner operating cases.
an establishment where multiple tenants, on one
site, conduct their own retail business, the prop- In the event the Nuisance Abatement Board
erty owner shall not be subject to a lien against declares a place or premises to be a nuisance and
his or her property or the prohibition of operation issues an order, the Nuisance Abatement Board
provision if the property owner evicts the busi- shall assess against the owner of the place or
ness declared to be a nuisance within 90 days premises the costs which the county, its attorney
after notification by registered mail to the prop- and/or the sheriffs office have incurred in the
erty owner of a second stolen property conviction preparation,investigation and presentation of the
L
Supp.No.50 CD2:69
§2-2031 COLLIER COUNTY CODE
case.These costs shall be due and payable 20 days (b) The Enforcement Board, or Special Magis-
after the written order of the Nuisance Abate- trate, as the case may be, shall make a determi-
ment Board has been filed in the public records.A nation whether to rehear the matter and its
certified copy of an Order imposing costs may be decision shall be made at a public meeting, re-
recorded in the official records and thereafter duced to writing, and mailed to the interested
shall constitute a lien against the land on which parties within ten days after the date the decision
the violation exists or,if the Violator does not own is made. If the Enforcement Board or Special
the land,upon any other real or personal property Magistrate determines it will grant a rehearing,
owned by the Violator.Upon petition to the circuit it may either:
court,said order/lien may be enforced in the same (1) Schedule a hearing where the parties will
manner as a court judgment except for enforce- be given the opportunity of presenting
ment purposes. After one year from the filing of evidence or argument limited by the En-
any such lien, which remains unpaid, Collier forcement Board and Special Magistrate
County may foreclose or otherwise execute on the to the specific reasons for which the re-
lien with recovery of all costs, including reason- hearing was granted; or
able attorney fees, associated with the recording
of the order and foreclosure. Interest shall accrue (2) Modify or reverse the prior order,without
on the unpaid costs at the legal rate of interest set receiving further evidence, provided that
forth in F.S. § 55.03, as said statute may be any modification is based on a finding
amended, replaced, or superseded from time to that the prior decision of the Enforcement
time.No lien created pursuant to the provisions of Board or Special Magistrate resulted from
this Section may be foreclosed on real property a ruling on a question of law which the
that is a homestead under Article X,Section Four Enforcement Board or Special Magistrate
'4 of the Florida Constitution. has been informed was an erroneous rul-
' (Ord. No. 2010-04, § 1) ing.
(c) The Order of the Enforcement Board or
Sec. 2-2032. Rehearing of Enforcement Special Magistrate shall be stayed and the time
Board or Special Magistrate ac- for taking an appeal, pursuant to Section 2-2033
tion. below, shall not commence to run until a request
for rehearing has been denied or otherwise dis-
(a) A request for rehearing shall be made in posed of and the written decision has been re-
writing.Either the Prosecutor or the Violator may ceived by the interested parties; provided, how
request a rehearing of the decision of an Enforce- ever,that in no event shall the Order be stayed for
ment Board or Special Magistrate. In the case of a period longer than 20 days from the date of
Enforcement Board decisions, said requests shall mailing of the rehearing decision.
be filed with the Secretary to the Enforcement (Ord. No. 2010-04, § 1)
Board, and in the case of Special Magistrate Sec. 2-2033. Appeals.
decisions,with the Secretary to the Special Mag-
istrate, within ten days of the date of receipt of (a) With the exception of violations of Ordi-
the written Order of the Enforcement Board or nance No. 72-8;Ordinance No. 74-9, as amended;
Special Magistrate,but in no event more than 20 Ordinance No. 76-13; and Ordinance No. 93-56,
days from the date of mailing of the written order. as amended,as collectively codified in Chapter 14
A request for rehearing shall be based only on the of the County Code of Laws and Ordinances, any
ground that the decision was contrary to the aggrieved party, including the Commission, may
evidence or that the hearing involved an error on challenge a final administrative order of an En-
a ruling of law, which was fundamental to the forcement Board or Special Magistrate to the
decision of the Enforcement Board or Special Collier County Circuit Court.Such challenge shall
Magistrate. The written request for rehearing not be a hearing de novo but shall be limited to
shall specify the precise reasons therefore. appellate review of the record created before the
Supp.No. 50 CD2:70
11/s/ ADMINISTRATION §2-2033
Enforcement Board or Special Magistrate. Any
appeal shall be filed within 30 days of the execu-
tion of the Order to be appealed.
Supp.No.50 CD2:70.1
ftspi ADMINISTRATION §2-2034
(b) For violations of Ordinance No. 72-8; Ordi- ing therein who is above 15 years of age
nance No. 74-9, as amended; Ordinance No. 76- and informing such person of the contents
13; and Ordinance No. 93-56, as amended, as of the notice; or
collectively codified in Chapter 14 of the County (4) In the case of commercial premises, leav-
Code of Laws and Ordinances, any aggrieved
party, including the Commission, may seek to ing the notice with the manager or other
overturn the Order by making application to the person in charge.
County Court for a trial de novo on the merits (b) In addition to providing notice as set forth
within 30 days of the execution of the Order to be in subsection (a) above, at the option of the
appealed. These requirements for appeal are ju- Enforcement Board or Special Magistrate, notice
risdictional. may also be served by publication or posting, as
follows:
(c) In the event that a party to the proceedings
before an Enforcement Board or Special Magis (1) Such notice shall be published once dur-
trate should elect to appeal, a verbatim record of ing each week for four consecutive weeks
the proceedings may be required or may be desir- (four publications being sufficient) in a
able. It shall be the sole responsibility of the newspaper of general circulation in Col-
alleged Violator to ensure that a record is made Tier County. The newspaper shall meet
which includes the testimony upon which an such requirements as are prescribed un
appeal may be taken. Collier County, an Enforce- der F.S.ch.50,for legal and official adver-
ment Board,and the Special Magistrate shall not tisements.
have responsibility to provide a verbatim tran- (2) Proof of publication shall be made as
script of the proceedings. provided in F.S. §§ 50.041 and 50.051.
(Ord. No. 2010-04, § 1)
(c) In lieu of publication as described in sub-
section (b) of this Section, such notice may be
Sec. 2-2034. Notices. posted at least ten days prior to the hearing, or
(a) All notices required by this Ordinance shall prior to the expiration of any deadline contained
be provided to the alleged Violator by: in the notice, in at least two locations, one of
which shall be the property upon which the vio-
(1) Certified mail, return receipt requested, lation is alleged to exist and the other of which
provided if such notice is sent to the shall be at or near the front door of the Collier
owner of the property in question at the County Courthouse.
address listed in the tax collector's offices (d) Proof of posting shall be by affidavit of the
for tax notices, and at any other address person posting the notice, which affidavit shall
provided to the local government by such include a copy of the notice posted and the date
owner and is returned as unclaimed or and places of posting.
refused, notice may be provided by post-
ing as described below, and by first class (e) Notice by publication or posting may run
mail directed to the addresses furnished concurrently with, or may follow, an attempt or
to the local government with a properly attempts to provide notice by hand delivery or by
executed proof of mailing or affidavit con- mail as required under subsection (a) of this
firming the first class mailing; Section.
(2) Hand-delivery by the sheriff or other law (f) Evidence that an attempt has been made to
enforcement officer,Code Enforcement Of- hand deliver or mail notice as provided in subsec-
ficer, or other person designated by the tion (a) of this Section, together with proof of
Commission; publication or posting, shall be sufficient to show
that the notice requirements of this Section have
(3) Leaving the notice at the Violator's usual been met, without regard to whether or not the
place of residence with any person resid- Violator actually received such notice.
Supp.No.27 CD2:71
§2-2034 COLLIER COUNTY CODE
(g) Proper notice may be assumed when a enforcement officer with the power of arrest or
notice of violation and/or hearing has been mailed subject the code enforcement officer to the provi-
to, and accepted by, the Violator or his or her sions of F.S. §§ 943.085-943.255.
agent or other person in the household or busi- (Ord. No. 2010-04, § 1)
ness,or where a Code Enforcement Officer,under
oath testifies that he/she did hand-deliver the Sec. 2-2039. Training of designated code en-
notice to the Violator. forcement officers to issue cita-
(Ord. No. 2010-04, § 1) tions and notices to appear.
The training of designated code enforcement
Secs. 2-2035, 2-2036. Reserved. officers for issuing citations/notices to appear
shall be implemented by the Collier County Code
5. CODE ENFORCEMENT Enforcement and Human Resources Depart-
DIVISIONCITATION REGULATIONS ments, which shall maintain in their respective
department files a written procedure as to the
necessary training requirements. Topics in the
Sec. 2-2037. Purpose and Authority. training shall include, but are not limited to, the
following:
It is the intent of this Division to promote,
protect, and improve the health, safety, and wel (1) The citation and notice to appear.
fare of the citizens of Collier County by providing a. Applicable laws and enabling legis-
a supplemental means of enforcing County ordi- lation.
nances by creating an option for the issuance of b. Purpose of citation and notice to
civil citations for adjudication of ordinances in appear procedures.
Collier County Court and before the Code Enforce-
/ment Board, Nuisance Abatement Board, or Spe-
cial Magistrate. The authority for this Article is and notice to appear procedures.
F.S. chs. 125 and 162. (2) Responsibilities of the code officer.
(Ord. No. 2010-04, § 1) a. Enforcement policies.
1. When to use citation and notice
Sec. 2-2038. Designation of certain county to appear power.
employees as code enforcement
officers and authorization to is- 2. Warnings.
sue citations and notices to ap- (3) Issuing citation and notice to appear.
pear. a. Form of citation and notice to ap-
(a) Subject to the successful completion of re- pear.
quired training, the following county employees b. Applicable laws.
or agents are hereby designated as code enforce- c. Warning notice required.
ment officers with authorization to issue citations
and notices to appear as an additional and sup d. Court data.
plemental means of obtaining compliance with e. Practice writing citations and no-
county codes and ordinances: law enforcement tices to appear.
officers; code enforcement director; code enforce- (4) Signature of code Violator and/or refusal
ment supervisors; code enforcement investiga- to sign.
tors; and code enforcement compliance investiga-
tor for revenue services. a. What to do to obtain signature.
b. Procedure for refusal to sign.
(b) Designation as a code enforcement officer
with authorization to issue citations and notices c. How to obtain sheriffs assistance.
to appear does not provide the designated code d. Emergency contact procedures.
Supp.No. 27 CD2:72
ADMINISTRATION §2-2042
(5) Public contact. code or ordinance shall be a separate civil infrac-
a. How to handle difficult situations. tion. Each day each violation shall continue be-
yond the time period for correction stated in the
b. Angry people. written warning notice, citation or notice to ap-
(6) Sworn statements. pear, shall be deemed to constitute a separate
(7) Keeping files. civil infraction.
(Ord. No. 2010-04, § 1)
a. Documentation and building a case.
b. What to do with files for court ac- Sec. 2-2042. Citation and notice to appear
tion. procedures.
(8) Court room procedures. (a) Prior to issuing a citation or a notice to
a. Appearance. appear, a Code Enforcement Officer shall provide
b. Demeanor. written notice to the person that the person has
committed a violation of a code or ordinance and
c. Testimony. shall establish a reasonable time period within
d. Judges. which the person must correct the violation. Such
(Ord. No. 2010-04, § 1) time period shall be no more than 30 days if a
citation is issued. Such time period shall be no
Sec. 2-2040. Powers and duties of desig- fewer than five days and no more than 30 days if
nated Code Enforcement Offic- a notice to appear is issued. If, upon personal
ers. investigation, a Code Enforcement Officer finds
that the person has not corrected the violation
(a) It shall be the duty of those persons desig-
within the time period, a Code Enforcement Of-
nated in this Article, who have successfully com-
pleted the required training,to issue a citation(s) the person who has committed the violation. A
or notice(s) to appear to a person(s) when, based Code Enforcement Officer does not have to pro-
upon personal investigation, the Code Enforce- vide the person with a reasonable time period to
ment Officer has reasonable cause to believe that correct the violation prior to issuing a citation or
the person(s)has(have) committed a civil infrac- notice to appear, and may immediately issue a
tion in violation of any duly enacted county codes citation or notice to appear if a repeat violation is
or ordinances. found or if the Code Enforcement Officer has
(b) As may otherwise be permitted by law, all reason to believe that the violation presents a
Collier County codes and ordinances may be en- serious threat to the public health, safety or
forced by the procedures set forth in this Article. welfare, or if the violation is irreparable or irre-
(Ord. No. 2010-04, § 1) versible.
Sec. 2-2041. Civil infraction. (b) Written warning notices, if applicable, and
citations and notices to appear shall be provided
A violation of any codes or ordinance for which to the Violator by certified mail, return receipt
a citation/notice to appear is issued, under the requested, or by hand-delivery by the Code En-
authority provided herein, is a civil infraction forcement Officer, sheriff, or other law enforce-
subject to the enforcement procedures set forth in merit officer. Issuance of a written warning notice
this article and any other applicable enforcement or citation or notice to appear to a business may
procedure set forth in any other county code or be accomplished by leaving a copy at the business,
ordinance, and in Florida Statutes. Said civil during regular business hours, with any em-
infraction shall carry a maximum civil penalty ployee and informing the employee of the con-
not to exceed $500.00.A civil penalty of less than tents or by certified mail, return receipt re-
the maximum civil penalty may apply if the quested. Each employee of the business shall be
person who has committed the civil infraction deemed to be an agent of the business for service
does not contest the citation. Each violation of a of warning notices, citations, and notices to ap-
Supp.No. 27 CD2:73
§2-2042 COLLIER COUNTY CODE
pear; said warning notices, citations, and notices (g) The provisions of this Article are an addi-
to appear may also be served on the registered tional and supplemental means of enforcing county
agent for the business. codes and ordinances and may be used for the
enforcement of all applicable county codes or
(c) After issuing a citation or notice to appear ordinances as may be permitted by law. Nothing
to the Violator, the Code Enforcement Officer contained in this Article shall prohibit the county
shall deposit the original citation or notice to from enforcing its codes and ordinances by any
appear and two copies of the citation or notice to other civil,administrative and/or criminal means.
appear with the county court.
(h) The provisions of this Section shall not
(d) Upon issuance of a citation or notice to apply to enforcement, pursuant to F.S. §§ 553.79
appear, the following options apply: and 553.80, of the Building Codes adopted pursu-
ant to F.S. §553.73,as they apply to construction;
(1) A person who elects not to contest the provided that a building permit is either not
citation or notice to appear may pay the required, or has been issued by the county or a
civil penalty as set out herein within 30 municipality. For the purpose of this subsection,
days from issuance of the citation or no- "building codes" means only those codes adopted
tice to appear; or pursuant to F.S. § 553.73.
(Ord. No. 2010-04, § 1)
(2) The person cited may contest the citation
or notice to appear in county court. In Sec. 2-2043. Form of citations and notices to
such cases where a person wishes to con- appear.
test the citation or notice to appear, the
person must request, in writing, a court The citation and notice to appear forms to be
date from the clerk of courts within 30 issued by the Code Enforcement Officers desig-
days of issuance of the citation or notice to nated herein shall be in a form prescribed by the
appear. county and shall contain:
(1) The date and time of issuance.
(e) A person who fails to pay the civil penalty
within the established period of time, fails to (2) The name and address of the person to
request a court date,and/or fails to timely contest whom the citation is issued.
the citation or notice to appear shall be deemed to (3) The date and time the civil infraction was
have waived his or her right to contest the cita- committed.
tion or notice to appear and, in such case,judg-
ment shall be entered against the person for the (4) The facts constituting reasonable cause.
amount of the maximum civil penalty $500.00. (5) The number or section of the code or
ordinance violated.
(f) In the event a civil judgment is entered
against a person pursuant to the provisions of (6) The name and authority of the code en
this article,the county may record a certified copy forcement officer.
of said judgment in the official records of the (7) The procedure for the person to follow in
county.If a person pays the civil penalty for which order to pay the civil penalty or to contest
a civil judgment has been recorded, the clerk of the citation or notice to appear in county
courts shall notify the Collier County Code En- court.
forcement Department when the judgment has
been paid. Upon receipt of written verification of (8) The applicable potential civil penalty if
payment from the clerk of courts, the Director of the person elects to contest the citation or
the Code Enforcement Department,or authorized notice to appear.
delegate, shall prepare, execute and record a (9) The applicable civil penalty if the person
satisfaction of judgment in the Official Records of elects not to contest the citation or notice
Collier County. to appear.
l
Y
Supp.No.27 CD2:74
ADMINISTRATION §2-2047
(10) A conspicuous statement that, if the per- legislative assessments, and costs of pros-
son fails to pay the civil penalty within ecution,all as provided for by law,shall be
the time allowed, and/or fails to request a assessed by the county court.
hearing date and/or appear in county court
to timely contest the citation or notice to (d) If a person fails to pay the civil penalty
appear, such person shall be deemed to specified by the schedule of penalties within the
have waived the right to contest the cita time allowed, or fails to request a hearing or fails
tion or notice to appear and that, in such to appear in county court to contest the citation or
case, judgment shall be entered by the notice to appear, the Violator shall be deemed to
clerk of courts against the person for the have waived the right to contest the citation or
amount of the maximum civil penalty of notice to appear and judgment shall be entered
$500.00. against the person in an amount up to the maxi-
(Ord. No. 2010-04, § 1) mum civil penalty of $500.00 per violation, but
not less than the amount of the penalty set forth
in the schedule for uncontested violations.
Sec. 2-2044. Establishing a schedule of vio-
lations, options and penalties, (e) Any person who willfully refuses to sign
regarding citations and notices and accept a citation issued by a designated Code
to appear. Enforcement Officer shall be guilty of a misde-
meanor of the second degree, punishable as pro-
(a) The Commission hereby establishes a sched- vided in F.S. §§ 775.082 or 775.083.
ule of violations and penalties to be assessed by
Code Enforcement Officers for those codes and (I) Unless otherwise required by law, all mon
ordinances enforced pursuant to this Article. ies required to be paid for civil penalties, or as
may otherwise be awarded by the county court,
l (b) Schedule of violations and penalties: Ex pursuant to this ordinance will be distributed as
1•'( Ex-
cept as otherwise provided bylaw,for uncontested follows:
violations cited under this Article, the following (1) The first $5.00 of any fine or order of the
schedule of civil penalties is imposed for the court will be retained by the clerk of
corresponding offense; first offense $105.00, sec- courts; and
and offense $255.00, and third or more offense
$405.00. (2) All other monies paid by, and collected
from, violations will be remitted to the
(c) The following options are available to a Collier County Code Enforcement Depart-
person who has been issued a citation or notice to ment.
appear in accordance with this Article: (Ord. No. 2010-04, § 1)
(1) If a person elects not to contest a citation Secs. 2-2045, 2-2046. Reserved.
or notice to appear, the person may pay
the appropriate civil penalty, as set forth
above in this article,within 30 days from DIVISION 6. AFFIRMATIVE DEFENSE
issuance of the citation or notice to appear
to the clerk of the circuit court. Sec. 2-2047. Affirmative defenses to alleged
(2) If a person elects to contest a citation or
code violations.
notice to appear in county court and,after It shall be a complete defense to any Enforce-
trial before the county court, is adjudi- ment Board or Special Magistrate action founded
cated to have committed a violation, a upon an alleged failure to obtain a permit re-
civil penalty not to exceed $500.00 shall quired by the Collier County Code of Laws and
be imposed by the county court.The county Ordinances, if said permit was required to be
judge may also order the Violator to cor- obtained prior to April 1, 1997, and the person
rect the violation within a time certain charged with such alleged failure demonstrates
and as may be specified. Court costs, by a preponderance of the evidence that the work
Supp.No.27 CD2:75
§2-2047 COLLIER COUNTY CODE
which was alleged to have been completed with- general standards of conduct set forth in this
out a permit being duly issued meets all codes and section are not subject to the penalties provided
requirements in effect at the time the permit was for in this Article.
required. (Ord. No. 03-53, § 3, 9-23-03; Ord. No. 04-05, § 3)
(Ord. No. 2010-04, § 1)
Sec. 2-2054. Findings.
Secs. 2-2048-2-2050. Reserved.
(a) The report submitted to the Collier County
Board of County Commissioners("board")on Sep-
ARTICLE X. COLLIER COUNTY ETHICS* tember 15, 1998,by the Ad Hoc Ethics Standards
Review Committee ("committee"), recommended
Sec. 2-2051. Title and citation. the adoption of a local ethics code.
This Article shall be known and cited as the (b) The board finds that the legislative intent
"Collier County Ethics Ordinance". and declaration of policies set forth in F.S.§112.311,
(Ord. No. 03-53, § 1, 9-23-03; Ord. No. 04-05, § 1) sets forth a laudable philosophy regarding the
purpose, scope and application of ethics laws in
relation to county officers and employees. More-
Sec. 2-2052. Scope. over,the board also finds,based on the committee's
This Article shall apply to all public servants of report, that additional, more stringent require-
the Collier County Board of County Commission- ments are needed with regard to lobbyists, gifts,
and post-county employment restrictions in order
ers,which includes public officials,whether elected to promote and protect the public trust in its local
or appointed, and all County employees. government.
cprd. No. 03-53, § 2, 9-23-03; Ord. No. 04-05, § 2)
(c) F.S. § 112.326, authorizes the board to
Sec. 2-2053. Statement of policy. impose more stringent standards of conduct and
disclosure requirements, beyond those specified
It is the public policy of Collier County that in F.S. ch. 112, pt. III, upon its own officers and
public servants work for the benefit of the citizens employees provided that said standards of con-
of Collier County. It is the responsibility of each duct and disclosure requirements do not other-
public servant to act in a manner that contributes wise conflict with F.S. ch. 112, pt. III.
to ensuring the public's trust in its government.
In particular,to always be honest with the public (d) F.S.§125.69(1),provides,in pertinent part,
they serve, and to be good stewards of the tax that violations of county ordinances shall be pros-
dollars entrusted to them.To this end,an individ- ecuted in the same manner as misdemeanors are
ual covered by this article shall: (1)not use his or prosecuted. Such violations shall be punished by
her position as a public servant for unlawful gain a fine not to exceed $500.00 or by imprisonment
or enrichment; (2) avoid conduct that gives the in the county jail not to exceed 60 days or by both
appearance of impropriety in the performance of such fine and imprisonment. The board further
his or her public duties; and (3) not accept any finds that an efficient and effective method for the
items of value if the public servant knows or determination of allegations of violations of the
reasonably should have known that it was given additional more stringent ethical standards set
with the intent to reward or influence him or her forth in this article is through local enforcement
in the performance or nonperformance of his or thereof.
her public duties. The statement of policy and
*Editor's note—Ord.No.2004-05,§§1-10,amended Art. (e) F.S. § 112.313(13), authorizes the board to
X, §§ 2-2051-2-2060, in its entirety. Formerly, said article adopt an ordinance establishing post-employment
pertained to similar subject matter as enacted by Ord. No. restrictions for certain designated county employ-
2003-53. ees.
Supp.No.27 CD2:76
r
ADMINISTRATION §2-2055
(f) The board finds that preservation of the (j) Collier County Office of the County
integrity of the governmental decision-making Administrator,Administrative Procedure,Instruc-
process is essential to the continued functioning tion 5311(F) (Code of Ethics/Standards of
of an open government. Therefore, in order to Conduct), restricts Collier County employees
preserve and maintain the integrity of the process from receiving gifts or other items of value in
and to better inform the citizens of efforts to connection with the performance of official duties.
influence legislative branch action, the board Said restrictions exist separate and independent
finds it appropriate to require public registration from the provisions of this article and F.S. ch.
and disclosure of the identity of certain persons 112, pt. III.
who attempt to influence actions of the board or (k) Nothing in this article shall be construed
actions of any of the county's quasi-judicial to chill, restrict or prohibit the free exercise of
boards. any citizen's constitutional rights,including,but
not limited to, the right to petition his or her
(g) F.S. § 112.3148(2)(b),authorizes the board county government or exercise his or her rights
to establish a local registration process for lob- of free speech.
byists. The board finds that such a registration (Ord. No. 03-53,§4,9-23-03;Ord. No. 04-05,§4)
process serves to promote and protect
governmental integrity as well as to foster open Sec. 2-2055. Definitions.
government. The board further finds that such a
public registration process for lobbyists may For the purposes of this Ordinance,the defini-
assist to promote full compliance by lobbyists tions contained in F.S. ch. 112, pt. III, shall
with the lobbyist gift reporting requirements set apply and control,in accordance with the subject
forth in F.S. § 112.3148. matter, unless the text and/or context of this
Ordinance provides otherwise.
(h) The board finds that more stringent Advisory Board Member means any person
requirements are needed with regard to the appointed by the Board of County Commission-
value of gifts that may be provided by lobbyists ers to any County board,committee or authority
to public officers and employees beyond the which has any final decision-making authority.
standards set forth in F.S. § 112.3148. Specifi- Such Boards include, but are not limited to:
tally,the board finds that a zero gift limit,rather
Airport Authority
than $100.00 as set forth by F.S. § 112.3148,
should be enacted in order to better promote and Collier County Code Enforcement Board
preserve the integrity of the governmental deci- Collier County Planning Commission
sion-making process.
Contractors Licensing Board
(i) The board finds that additional gift prohibi- Library Advisory Board
tions are necessary for public officials prohibit-
ing the receipt of any gift or any other thing of Public Vehicle Advisory Committee
monetary value from anyone who the public Utility Authority
official knows or reasonably should know is any County Employee shall mean any employee of
way attempting to affect the official actions, Collier County,regardless of whether the employee
business or finances of the county or from anyone is ultimately supervised by the Board of County
that has an interest that may be substantially Commissioners,the County Manager,the County
affected by the performance or nonperformance Attorney,the Airport Authority or the Executive
of duties of a public official. The board further Director of the Airport Authority.
finds that prohibitions are necessary in regard to
gifts between official superiors and subordinate County Managerial Employee shall mean the
public officials in order to preserve the ethical County Manager,Assistant and/or Deputy County
integrity of the performance of public service by Manager,County Attorney,Chief Assistant County
county human resources. Attorney and all Division Administrators, and
Supp. No. 70 CD2:77
§2-2055 COLLIER COUNTY CODE
Department and Authority Directors of Collier public servant shall participate in
County Government. Also included in this defini- the selection of a vendor or the
tion are procurement employees and those county approval of a contract if that
employees actively engaged in selecting contrac- employee has received a gift from
tors or in supervising, overseeing, or vouchering someone representing the vendor or
for contract performance. a contracting party, including gifts
Gift shall have the definition contained in F.S. from relatives. Furthermore, no
ch. 112, pt. III,with the following additions and public servant shall participate in
exceptions: permitting or inspection decisions if
that employee has received a gift
(1) Additions: from the permit or inspection
a. Initiation fees. applicant/potential recipient or the
(2) Exceptions: applicant/potential recipient's
principal, including gifts from rela-
"Gift" shall not include: tives.
a. Salary, benefits, services, fees, corn- d. Food or beverage accepted when: (i)
missions, gifts, or expenses associ- offered free in the course of a profes-
ated solely with the donee's non- sional or civic meeting or group
county employment, business, or function at which attendance is desir-
service as an employee, official or able because it will assist the person
director of a corporation or organiza- in performing his or her official
tion. However, for purposes of this duties; or (ii) provided to all panel-
exemption from the definition of ists or speakers when a person is
"gift" in this Ordinance, public participating as a panelist or speaker
1/461, servants may only engage in such in a program,seminar,or educational
non-county employment or economic conference.
activity if: (1) such non-county
employment or economic activity In addition to all other circumstances
does not create a conflict of interest where this Ordinance allows public
as defined by F.S. § 112.312(8), i.e., servants to accept food and bever-
a situation in which regard for a ages,and notwithstanding any other
private interest tends to lead to section of this Ordinance or person-
disregard of a public duty or inter- nel manual to the contrary, public
est; and (2) all applicable county officials and all county employees
administrative procedures govern- may accept food or beverage as
ing such non- county employment mentioned above in this subsection
or economic activity are followed. and consumed at a single sitting or
event only if the costs for said food
b. Contributions or expenditures or beverage do not exceed the rate
reported pursuant to F.S. ch. 106, for the appropriate per diem allow-
campaign-related personal services ance for said meal as provided in
provided without compensation by F.S. ch. 112. If,under circumstances
individuals volunteering their time, beyond the control of the donee, the
or any other contribution or costs exceed the per diem rate, the
expenditure by a political party. donee may accept said food or bever-
c. Gifts received from relatives, as age but shall file a written disclosure
defined in this section, or gifts statement within five working days
received from a person who shares of the acceptance with the County
the same permanent legal residence Manager on a form provided by the
at the time of the gift. However, no County Manager.
Supp. No. 70 CD2:78
ADMINISTRATION §2-2055
The value of food or beverages, for ate for purposes of performing county
purposes of this subsection,shall be job duties or county responsibilities,
the price that the consuming public provided that such food or beverage
would be expected to pay for the items would have a reasonably
same item(s). estimated value of no more than
e. Unsolicited advertising or $4.00 to any member of the consum-
promotional material such as pens, ing public. By way of example, such
pencils, notepads, calendars, and food and beverage items may include
other items of nominal commercial a cup of coffee,a soda,bottled water,
value may be accepted from individu- cookies or donuts.
als or entities that are not currently j. A rate offered to Commissioners at
in a contractual relationship or an event serving a valid public
reasonably likely to seek a purpose, which rate is less than
contractual relationship with Col- that offered the general public,that
Her County. Unsolicited job-related represents the actual cost of the
literature may be accepted as well. event (such as food, beverage and
f. Gifts given for participation in a entertainment) to the sponsor, but
program, seminar, or educational that does not include the charitable
conference when such gifts are: donation otherwise included in the
1. Of nominal commercial value, total cost to attend the event. Corn-
and missioners may contact the event
2. In the nature of a remembrance sponsor to seek this rate.
traditional to the particular
sponsoring entity, or Lobbying shall mean, for compensation:
influencing or attempting to influence legislative
3. Provided to all participants in or quasi-judicial action or non-action through
the program. oral or written communication or an attempt to
g. An award, plaque, certificate, or obtain the good will of a member or employee of
similar personalized item of nominal the Board or of a Collier County Advisory Board
commercial value given in recogni- or a quasi-judicial board.
tion of the donee's public, civic,
charitable, or professional service. Lobbyist shall mean:
h. A rate or terms on a debt, loan, (1) Any natural person who, for compensa-
goods, or services, which rate and tion, seeks, or sought during the preced-
terms are customary and are at a ing twelve months, to influence the
government rate and terms avail-
able to all other similarly situated governmental decision-making of a report-
government employees or officials, ing individual or procurement employee
or rates and terms which are avail- or his or her agency or seeks, or sought
able to similarly situated members during the preceding twelve months, to
of the public by virtue of occupation, encourage the passage,defeat,or modifica-
affiliation, age, religion, sex, or tion of any proposal or recommendation
national origin. by the reporting individual or procure-
ment employee or his or her agency.
i. Food or beverage items when offered
as a customary courtesy to all (2) A person who is employed and receives
attendees at any business meeting payment, or who contracts for economic
or business activity at which consideration, for the purpose of lobby-
attendance by the public servant(s) ing, or a person who is principally
in question is required or appropri- employed for governmental affairs by
Supp. No. 70 CD2:79
l §2-2055 COLLIER COUNTY CODE
another person or governmental entity to Reporting individual means any public servant,
lobby on behalf of that other person or who is required by law, pursuant to Article II,
governmental entity. Section 8 of the State Constitution or F.S.
(3) A person who registers with the Board as § 112.3145,to file full or limited public disclosure
of his or her financial interests or any individual a lobbyist pursuant to this Ordinance.
who has been elected to, but has yet to officially
(4) Attorneys representing clients in quasi- assume the responsibilities of, public office.
judicial matters are not considered lob- (Ord. No. 03-53,§5,9-23-03;Ord. No. 04-05,§5;
byists or engaged in lobbying since, as Ord. No. 2011-15, § 1; Ord. No. 2013-39, § 1;
judicial officers,their conduct is regulated Ord. No 2017-03, § 1)
exclusively by the judicial branch.
However, attorneys representing clients Sec. 2-2056. Standards of conduct.
or interests in legislative matters, for
compensation, are engaged in lobbying (a) A public servant shall not accept a gift,
and are subject to the provisions contained directly or indirectly, if he or she knows or
in this Ordinance. reasonably should have known that it was given
with the intent to reward or influence him or her
Nominal commercial value means anything in the performance or nonperformance of his or
with a value of less than $50.00 in the her public duties.
marketplace.
(b) No public servant shall participate in the
Principal shall mean the person,firm,corpora- selection of a vendor or the approval of a contract
tion,or other entity that has employed or retained if that employee has received a gift, directly or
a lobbyist. indirectly,from someone representing the vendor
Procurement employee means any county or a contracting party, including gifts from rela
employee who actively participates through deci- tives. Furthermore, no public servant shall
sion, approval, disapproval, recommendation, participate in permitting or inspection decisions
preparation of any part of a purchase request, if that employee has received a gift from the
influencing the content of any specification or permit or inspection applicant/potential recipi-
ent or the applicant/potential recipient's principal,procurement standard, rendering of advice,
investigation,or auditing or in any other advisory including gifts from relatives.
capacity in the procurement of contractual services (c) The following provisions regarding gifts
or commodities. from lobbyists are enacted as additional and
Public official means members of the Board of more stringent standards of conduct and disclosure
County Commissioners,advisory board members, requirements than those specified in F.S.
and county managerial employees. § 112.3148:
Public servant includes all public officials and (1) A reporting individual or procurement
all county employees,as defined in this Ordinance. employee or any other person on his or
her behalf is prohibited from knowingly
Relative, as used in this Ordinance,is one who accepting, directly or indirectly, a gift
is related to another by blood, marriage, or from a political committee or a commit-
adoption. The following relationships are included tee of continuous existence, as defined in
in this definition: husband, wife, parent, child, F.S. § 106.011, or from a lobbyist who
brother, sister, grandparent, grandchild, uncle, lobbies the reporting individual's or
aunt, nephew, niece, first cousin, father-in-law, procurement employee's agency,or directly
mother-in-law, son-in-law, daughter-in-law, or indirectly on behalf of the partner,
brother-in-law, sister-in-law, stepfather, firm, employer, or principal of a lobbyist.
stepmother, stepson, stepdaughter, stepbrother, However, such a gift may be accepted by
stepsister,step-grandparent,step-grandchild,half- such person on behalf of a governmental
brother, and half-sister. entity or a charitable organization. If the
Supp. No. 70 CD2:80
ADMINISTRATION §2-2056
gift is accepted on behalf of a b. Conducts or represents a person or
governmental entity or charitable entity that conducts operations or
organization, the person receiving the activities that are regulated by the
gift shall not maintain custody of the gift county department or board with
for any period of time beyond that reason- which the public official is affili-
ably necessary to arrange for the transfer ated.
of custody and ownership of the gift.
c. Is seeking zoning, permitting, or
(2) A political committee or a committee of inspection approval from the county
continuous existence, as defined in F.S. department or board with which the
§ 106.011;a lobbyist who lobbies a report- public official is affiliated.
ing individual's or procurement employee's d. Has interests that may be
agency; the partner, firm, employer or substantially affected by the
principal of a lobbyist; or another on performance or non-performance of
behalf of the lobbyist or partner, firm, duties of the county public official.
principal, or employer of the lobbyist is
prohibited from giving, either directly or e. Is in any way attempting to affect
indirectly,a gift to the reporting individual the official actions of the county
or procurement employee or any other public official.
person on his or her behalf; however, This subsection is not intended to prohibit
such person may give a gift to a reporting a public official from obtaining a loan
individual or procurement employee if from a financial institution at a rate and
the gift is intended to be transferred to a terms available to all other similarly
governmental entity or a charitable situated members of the public by virtue
organization.Nwe of occupation, affiliation, age, religion,
(3) The prohibitions set forth in this Section sex, or national origin.
2-2056 at subsections (c)(1) and (c)(2) (e) No public official shall solicit a contribu-
above, are not intended to and shall not tion from another person for a gift to an official
prevent a reporting individual or procure- superior, make a donation as a gift to an official
ment employee who is a declared
candidate for elective public office from superior, or accept a gift from a subordinate
accepting campaign contributions to the public official.
extent allowed by state or federal law. (f) No public servant shall solicit a contribu-
tion from another person for a gift to a supervi-
(d) The following gift prohibitions for public sor, make a donation as a gift to a supervisor, or
officials are enacted as additional and more accept a gift from an employee he or she
stringent standards of conduct than those speci-
supervises, except as provided in subsection (g).
fled F.S. § 112.3148:
(1) Public officials shall not solicit or accept, (g) Nothing in this section shall prohibit dons
directly or indirectly, any fee, compensa- tions or giving gifts of nominal commercial value
tion, gift, gratuity, favor, food, entertain made between or amongst public servants on a
ment,loan,or any other thing of monetary special occasion or an established holiday. A
value,from anyone who the public official special occasion,as contemplated in this section,
knows or reasonably should know: includes those times when it has been regarded
as customary to give a gift, such as a birthday, a
a. Has, or is seeking to obtain, wedding, the birth of a child or a grandchild, an
contractual or other business or adoption, a graduation, a promotion, permanent
financial relations with the county departure from the workplace or community,
department or board with which the hospitalization, the loss of a loved one, retire-
public official is affiliated. ment,or other similar occurrences. Nor does this
Supp. No. 70 CD2:81
§2-2056 COLLIER COUNTY CODE
paragraph prohibit public servants from well as to cover other related costs. Lobbyists
participating in fundraising activities for shall not be charged a fee for filing the form for
charitable purposes. removal from the lobbyist list.
(h) This section does not apply to items of (d) The following persons shall not be required
value excepted out of the definition for a gift. to register as lobbyists:
(Ord. No. 03-53,§6,9-23-03;Ord. No. 04-05,§6;
Ord. No. 2013-39, § 2; Ord. No. 2017-03, § 2) (1) Any public officer,employee or appointee
who appears in his or her official capac-
Sec. 2-2057. Lobbyist registration and ity.
disclosure requirements. (2) Law enforcement personnel conducting
(a) All lobbyists shall before engaging in any an investigation.
lobbying activities, register with the clerk to the (3) Any person who only appears in his or
board located at the board minutes and records her individual capacity for the purpose of
department. Every lobbyist required to so register self-representation without compensa-
shall register quarterly on a calendar year basis tion or reimbursement, whether direct,
on forms prepared by the clerk; pay an annual indirect or contingent,to express support
nonrefundable registration fee of $25.00; and or opposition to any item.
state under oath or by written declaration in
accordance with F.S. § 92.525, his or her name, (4) Any person who only appears as a
business name and address, and the name and representative of a neighborhood associa-
business address of each person or entity that tion without special compensations or
has employed said registrant to lobby, as of the reimbursement for their appearance,
date of said registration. If, subsequent to the whether direct, indirect or contingent,to
registration, the registrant ceases to act as a express support or opposition to any
lobbyist, the registrant may file a request, on a item.
form provided by the clerk, to not be listed as a
lobbyist. In the event that the registrant neither (5) Attorneys representing clients before a
withdraws nor re-registers, the registrant shall quasi-judicial body.
be placed on a"lobbyist status unknown" list for
a period of 12 months from the expiration of the (e) The clerk to the board shall keep accurate
quarterly registration. and complete records regarding lobbyist registra-
tion including an up-to-date list of all lobbyist
(b) Quarterly registration shall be required registrations,lobbyists withdrawals from the list
and shall initially commence on April 2, 2007. and a "lobbyist status unknown" list.
Thereafter, quarterly registration shall occur
every three months. Quarterly registration is (f) A registration form that is not renewed
required regardless of whether there is any within 20 calendar days of the end of each
change in employers of the lobbyist. The lobbyist quarter of the calendar year, shall expire and
may indicate "no change" if appropriate. Initial may not thereafter be relied upon by the lobbyist
registration by a lobbyist may occur at any time for lobbying activities. In such a case, the lobby-
during the calendar year provided that it occurs ist must renew his or her registration and pay
prior to the lobbyist engaging in any lobbying the nonrefundable annual fee in order to continue
activity. engaging in lobbying activities.
(c) The registration fee required by this sec- (g) The validity of any action or determina-
tion shall be maintained by the clerk to the tion of the board or of any county personnel,
board and shall be deposited into a separate fund board or committee, shall not be affected by
to be expended for the purpose of administering failure of any lobbyist to comply with the provi-
and maintaining the lobbyist registration list as sions of this section.
Supp. No. 70 CD2:82
(h) All lobbyists shall disclose and make known
the name or identity of the principal(s) by whom
they are employed whenever they engage in
lobbying activities as such activities are defined
in this section.
(Ord. No. 03-53, § 7, 9-23-03; Ord. No. 04-05, § 7;
Ord. No. 2007-24, § 1)
Sec. 2-2058. Post-employment restrictions.
(a) No county managerial employee shall
personally represent another person or entity for
compensation before the Board of County Com-
missioners or any of its divisions, departments,
agencies, or boards for a period of two years
following vacation of office, resignation of employ-
ment, or termination of employment, as applicable,
except for the purposes of collective bargaining.
(b) For a period of two years following vaca-
tion of office, resignation of employment, or
termination of employment, as applicable, except
for the purposes of collective bargaining, no
county employee shall personally represent
another person or entity for compensation before
the Board of County Commissioners or any of its
divisions, departments, agencies, or boards on a
matter in which he or she had material personal
involvement during his or her period of county
employment.
(Ord. No. 03-53, § 8, 9-23-03; Ord. No. 04-05, § 8)
Sec. 2-2059. Supplemental provisions.
This Ordinance sets forth more stringent
supplemental standards of conduct in addition to
the requirements of F.S. Ch. 112, Pt. III, entitled
"Code of Ethics for Public Officers and Employees".
This Ordinance shall not be construed to authorize
or permit any conduct or activity that is in
violation of F.S. Ch. 112, Pt. III. In the event of
a conflict between the provisions of this article
and F.S. Ch. 112, Pt. III, the more restrictive/
stringent provisions shall apply.
(Ord. No. 03-53, § 9, 9-23-03; Ord. No. 04-05, § 9;
Ord. No. 2013-39, § 3; Ord. No. 2017-03, § 3)
Sec. 2-2060. Penalties.
Pursuant to F.S. § 125.69, a person who
violates any provision of this Ordinance shall be
subject to prosecution in the name of the state in
the manner as misdemeanors are prosecuted;
and, upon conviction, such person shall be
punished by a fine not to exceed $500.00 or by
imprisonment in the Collier County Jail not to
exceed 60 days or by both such fine and imprison-
ment.
(Ord. No. 03-53, § 10, 9-23-03; Ord. No. 04-05,
§ 10)
Secs. 2-2061—2-2090. Reserved.
ARTICLE XI. BILL OF RIGHTS
SANCTUARY COUNTY ORDINANCE
Sec. 2-2091. Title.
This ordinance shall be known and cited as
the "Bill of Rights Sanctuary County Ordinance".
(Ord. No. 2023-39, § 1)
Sec. 2-2092. Findings.
In addition to the foregoing whereas clauses,
the Board of County Commissioners of Collier
County, Florida, hereby finds and declares:
In order to secure the rights of the citizens of
Collier County as enumerated, in part, by the
United States Constitution including the first
ten amendments thereto, which are commonly
referred to as the Bill of Rights of that Constitu-
tion, and reads as follows:
Amendment I
Congress shall make no law respecting an
establishment of religion, or prohibiting the
free exercise thereof; or abridging the freedom
of speech, or of the press, or the right of the
people peaceably to assemble, and to petition
the Government for a redress of grievances.
Amendment II
A well regulated Militia, being necessary to
the security of a free State, the right of the
people to keep and bear Arms, shall not be
infringed.
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CD2:83Supp. No. 111
Amendment III
No Soldier shall, in time of peace be quartered
in any house, without the consent of the
Owner; nor in time of war, but in a manner to
be prescribed by law.
Amendment IV
The right of the people to secure in their
persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not
be violated, and no warrants shall issue, but
upon probable cause, supported by oath or
affirmation, and particularly describing the
place to be searched, and persons or things to
be seized.
Amendment V
No person shall be held to answer for a
capital, or infamous crime, unless on a present-
ment or indictment of a Grand Jury, except in
cases arising in the land or naval forces, or in
a militia, when in actual service in time of
War or public danger; nor shall any person be
subject for the same offence to be twice put in
jeopardy of life or limb; nor shall be compelled
in any criminal case to be a witness against
himself; nor be deprived of life, liberty, or
property, without due process of law; nor shall
private property be taken for public use without
just compensation.
Amendment VI
In all criminal prosecutions, the accused shall
enjoy the right to a speedy and public trial, by
an impartial jury of the State and district
wherein the crime shall have been committed;
which district shall have been previously
ascertained by law, and to be informed of the
nature and cause of the accusation; to be
confronted with the witnesses against him; to
have compulsory process for obtaining wit-
nesses in his favor; and to have the assistance
of counsel for his defense.
Amendment VII
In suits at common law, where the value in
controversy shall exceed twenty dollars, the
right of trial by jury shall be preserved, and no
fact tried by a jury shall be otherwise re-
examined in any Court of the United States,
than according to the rules of common law.
Amendment VIII
Excessive bail shall not be required, nor exces-
sive fines imposed, nor cruel and unusual
punishments inflicted.
Amendment IX
The enumeration in the Constitution of certain
rights, shall not be construed to deny or
disparage others retained by the people.
Amendment X
The powers not delegated to the United States
by the Constitution, nor prohibited by it to the
states, are reserved to the states respectively,
or to the people.
Collier County has the right to be free from
the commanding hand of the federal government
and has the right to refuse to cooperate with
federal government officials in response to
unconstitutional federal government measures,
and to proclaim a Bill of Rights Sanctuary for
law-abiding citizens in its County;
THEREFORE, through the enactment of this
Ordinance, Collier County, Florida is hereby
declared to be a Bill of Rights Sanctuary County.
(Ord. No. 2023-39, § 2)
Sec. 2-2093. Definitions.
A. An Unlawful Act shall consist of:
1. Any federal act, law, order, rule, or regula-
tion, which violates or unreasonably
restricts, impedes, or impinges upon an
individual's Constitutional rights includ-
ing, but not limited to, those enumerated
in Amendments 1 through 10 to the
United States Constitution.
2. Any such "Unlawful Act" is invalid in
Collier County and shall not be recognized
by Collier County, and shall be considered
null, void and of no effect in Collier
County, Florida.
(Ord. No. 2023-39, § 3)
§ 2-2092 COLLIER COUNTY CODE
CD2:84Supp. No. 111
Sec. 2-2094. Prohibitions.
A. Notwithstanding any other law, regula-
tion, rule or order to the contrary, no agent,
department, employee or official of Collier County,
a political subdivision of the State of Florida,
while acting in their official capacity, shall:
1. Intentionally participate in any way in
the enforcement of any Unlawful Act; or,
2. Utilize any assets, Collier County funds,
or funds allocated by any entity to Collier
County, in whole or in part, to engage in
any activity that aids in the enforcement
or investigation relating to an Unlawful
Act.
(Ord. No. 2023-39, § 4)
Sec. 2-2095. Penalties.
A. Anyone within the jurisdiction of Collier
County, Florida, accused of being in violation of
this ordinance may be sued in Circuit Court for
declaratory and injunctive relief, damages and
attorneys' fees.
B. In addition to the civil liability provided
for by Section A above, violation of this Ordinance
shall be punishable in accordance with Section
1-6 of the Collier County Code of Ordinances
(General Penalty).
(Ord. No. 2023-39, § 5)
Secs. 2-2096—2-2120. Reserved.
§ 2-2120ADMINISTRATION
CD2:85Supp. No. 111