Chapter 38 - Civil Emergencies Chapter 38
CIVIL EMERGENCIES*
Article I. Post-Disaster Recovery
Sec. 38-1. Purpose and intent.
Sec. 38-2. Jurisdiction.
Sec. 38-3. Definitions.
Sec. 38-4. Establishment of the post-disaster recovery task force.
Sec. 38-5. Establishment of emergency review board.
Sec. 38-6. Post-disaster redevelopment priorities.
Sec. 38-7. Determination of damage,buildback policy,moratoria,emergency
repairs,and emergency permitting system.
Sec. 38-8. Economic redevelopment policies.
Sec. 38-9. Guidelines for acquiring damaged property.
Sec. 38-10. Authority.
Sec. 38-11. Penalties.
Secs. 38-12-38-25. Reserved.
Article II. Reserved
Secs. 38-26--38-55. Reserved.
Article III. Declaration of State of Emergency
Sec. 38-56. Intent.
Sec. 38-57. Definitions.
Sec. 38-58. Officer Designated to Declare Emergency.
Sec. 38-59. Extent of Statement of Emergency.
Sec. 38-60. Proclamation.
Sec. 38-61. Use of Public Facilities for Shelters.
Sec. 38-62. Power of Employees Rendering Outside Aid.
Sec. 38-63. Mutual Aid Agreements.
Sec. 38-64. Compensation.
Sec. 38-65. Emergency Orders and Rules.
Sec. 38-66. Enforcement.
Sec. 38-67. Liability.
Sec. 38-68. Authorized Emergency Measures.
Sec. 38-69. Declaration,Termination by Board While in Session.
Sec. 38-70. Penalty for Violation.
Sec. 38-71. Right of Entry and Indemnification.
Sec. 38-72. Disaster-Generated Debris Removal Management Plan;Author-
ity,Priorities and Limitations.
Secs. 38-73-38-85. Reserved.
Article IV. Automotive Fuel Allocation
Sec. 38-86. Penalty.
Sec. 38-87. Conflict and severance.
Sec. 38-88. Liberal construction.
Sec. 38-89. Area affected.
Sec. 38-90. Function,authority of fuel allocation officer.
Sec. 38-91. Authority to declare automotive fuel emergency;automotive fuel
defined.
*Cross references-Emergency services,ch. 50;water shortages,§90-101 et seq.
Supp. No. 74 CD38:1
COLLIER COUNTY CODE
Sec. 38-92. Regulations applicable during emergency.
Sec. 38-93. Appeals.
1/
Supp. No. 74 CD38:2
CIVIL EMERGENCIES §38-3
ARTICLE I. POST-DISASTER RECOVERY* Sec. 38-3. Definitions.
The following terms and definitions apply for
Sec. 38-1. Purpose and intent. the purposes of this article:
Building value. The latest total assessment
It is the intent of Collier County (county) to of all improvements on a parcel of land as listed
establish, prior to a storm or emergency, a post- in the Collier County Property Appraiser's
disaster recovery task force which, under the records before the structure was damaged by
direction of the county manager, will oversee the the disaster event.
recovery and reconstruction process and will co-
ordinate with the municipalities within the county Major or catastrophic disaster or event. An
and with the constitutional officers of the county, event that overwhelms local response capabil-
county efforts to identify opportunities to mitigate ities and will require mutual aid, state re
future damages through the management of re- sponse, federal disaster relief programs, and
covery and reconstruction. To further this intent, activation of the state and federal disaster
the county will make every effort to develop its response plans.
capacity to identify and coordinate various post- Chief Building Official of Collier County.
disaster recovery and reconstruction resources The director of building review and permitting,
while, at the same time, ensuring maximum local or his designee.
control over the recovery and reconstruction pro- Current regulatory standards for new con-
cess. Following a disaster, sufficient time shall be struction.
provided to conduct damage assessments,classify
and categorize individual structural damage, and a. For one- and two-family dwellings—
evaluate the effectiveness and enforcement of the Density, flood plain management,
existing building code. It is further the intent of building code, Land Development
the county to allow rebuilding and reconstruction Code (LDC) and Growth Manage-
in a safe and orderly manner by controlling the ment Plan (GMP) requirements.
issuance of building permits,development orders, b. For multi-family dwellings—Den-
and site development plans in order to manage sity, flood plain management, build-
the location, timing, and sequence of reconstruc- ing code, LDC, and GMP require-
tion and repair while mitigating against future ments.
hazards. c. For commercial developments—In-
(Ord. No. 2006-35, § 1) tensity, LDC, flood plain manage-
ment,building code and GMP require-
Sec. 38-2. Jurisdiction. ments.
Damage assessment. A systematic procedure
This article applies to all areas within Collier for evaluating damage to public and private
County, Florida under the jurisdiction of the Col- property based on the current replacement
Tier County Board of County Commissioners cost.The assessment may be used to determine
(board). if the damaged area qualifies for federal or
(Ord. No. 2006-35, § 2) state disaster assistance.
*Editor's note—Ord. No. 2006-35, § 12, repealed art. I, Destroyed structure. A structure that is a
§§38-1-38-12,in its entirety.Formerly,said article pertained total loss, or damaged to such an extent that
to similar subject matter as enacted by Ord.No. 04-55,§2.F, repairs are not technically or economically fea-
which provided for the relocation of LDC division 3.17 as art.
I, §§ 38-1-38-12. Sections 1-11 of Ord. No. 2006-35 have sible. The indicator for this category is if the
been included as a new article I to read as herein set out. cost to repair exceeds 49 percent of the replace-
Cross references—Departments,§2-136 et seq.;boards, ment cost at the time of damage or destruction.
commissions,committees and authorities, §2-816 et seq.
State law references—Emergency management,F.S.ch. Development order. Any order,permit,deter-
252;local emergency management programs,F.S. §252.38. mination,or action granting,denying,or grant-
Supp.No.21 CD38:3
§38-3 COLLIER COUNTY CODE
ing with conditions,an application for any final to, damaged doors, windows, floors, roofs, cen-
development order,building permit,temporary tral air conditioners, compressor units, electri-
use permit, temporary construction and devel- cal distribution systems,and other minor struc-
opment permit, well permit, spot survey, elec- tural damage.The indicator for this category is
trical permit, plumbing permit, boat-dock per- if the cost to repair is 20 percent or less of the
mit, septic tank permit, right-of-way permit, replacement cost at the time of damage.
blasting permit, excavation permit, construc- Presidentially declared disaster. A disaster
tion approval for infrastructure (including wa- of significant impact to the health and welfare
ter, sewer, grading, and paving), development of the citizens within the county in which the
of regional impact (DRI) development order, Governor of the State of Florida has made a
zoning ordinance amendment, flood variance, request for federal assistance via the Federal
coastal construction setback line variance,veg- Emergency Management Agency and the De-
etation removal permit, agricultural clearing partment of Homeland Security to the Presi
permit, site development plan approval, subdi dent of the United States.
vision approval(including plat and plan)rezon-
ing, planned unit development amendment Post-disaster recovery task force. A group of
(PUD), certification, conditional use, variance, officials drawn from county staff, representa-
or any other official action of the County hav- tives of utility companies, municipalities, and
ing the effect of permitting development as constitutional officers within the county estab-
defined in the LDC. lished by this article for the effectuation of its
Emergency review board. An administrative purposes.
board established immediately following a di- Replacement cost. The actual cost to repair,
saster at the direction of the board of county reconstruct,rebuild or replace a damaged struc-
commissioners to implement the county ture. It shall not include the following parts of
buildback policy. a structure or items not considered a perma-
Local damage assessment team. A group of nent part of the structure: such as, but not
individuals designated by the local jurisdiction limited to, building plans, surveys, permits,
sidewalks,pools,screens,sheds,gazebos,fences,
to perform damage assessments according to furniture, and carpeting. For purposes of this
state and federal requirements. article,the replacement cost shall be compared
Major disaster. An event that may require to the structure's replacement value to deter-
mutual aid, state response assistance and fed- mine the percent of the structural damage.
eral disaster relief programs. Replacement value. The assessed value of
Major damaged structure. A structure that the structure listed in the Collier County Prop-
can be made habitable with extensive repairs erty Appraiser's Records, or the estimated cur-
and includes damage to the foundation, roof rent replacement cost of the building or struc-
structure, electrical and major structural corn- ture as determined by a certified property
ponents.The indicator for this category is if the appraiser.
cost to repair is greater than 20 percent and up Structure. Anything constructed or erected
to and including 49 percent of the replacement
cost at the time of damage. which requires a fixed location on the ground,
or in the ground, or attached to something
Minor disaster. An event that is likely to be having a fixed location on or in the ground.
within the response capabilities of local govern- (Ord. No. 2006-35, § 3)
ment and results in only a minimal need for
state or federal assistance. Sec. 38-4. Establishment of the post-disas-
ter recovery task force.
Minor damaged structure. A structure that
can be made habitable in a short period of time The post-disaster recovery task force(task force)
with minimal repairs including,but not limited is hereby established as a post-disaster response
Supp.No.21 CD38:4
CIVIL EMERGENCIES §38-4
management team consisting of community orga- p. A representative from the school dis-
nizations and county and municipal personnel to trict of the county.
provide an efficient recovery response to cata- q. A representative from the Collier
strophic disasters as provided for in Chapter 252, Building Industry Association, Inc.
Florida Statutes. Upon direction of the Collier
County Board of County Commissioners (BCC), r. A representative from the American
the county manager shall schedule meetings to Specialty Contractors of Florida,Inc.
discuss specific roles and responsibilities of the s. A representative from the county
task force in accordance with this article, and sheriffs office.
relative issues associated with recovery, emer- t. A representative from the clerk of
gency temporary repairs, and reconstruction pro the circuit court.
cesses following a disaster.
u. A representative from the county's
(1) The membership of the task force shall be property appraiser's office.
composed of the following:
v. Chair, or vice chair, of the local mit-
a. The county manager, or designee. igation strategy working group.
b. The community development and en- (2) Duties of the post-disaster recovery task
vironmental services administrator, force shall include, but shall not be lira-
or designee. ited to the following:
c. The City Manager, or designee, for a. Review all planning associated with
the City of Naples. the recovery and reconstruction pro-
d. The City Manager, or designee, for cess as described in the Collier County
the City of Marco Island. Comprehensive Emergency Manage-
mente. The Mayor, or designee, for Ever-
plans Plan (CEMP) and associated
plans dealing with implementation
glades City. of post-disaster moratoria and build-
f. The county transportation adminis- back policies;
trator, or designee. b. Provide recommendations to the BCC
g. The county public utilities adminis- for direction on recovery priorities
trator, or designee. and goals, and to coordinate and
h. The county public services adminis- prioritize the recovery and reconstruc
trator, or designee. tion process with the construction
industry;
i. The county health department direc-
tor, or designee. c. Initiate recommendations to the BCC
for the enactment, repeal or exten-
j. The county emergency management sion of emergency ordinances, reso-
director, or designee. lutions and proclamations for its con-
k. The county human services director, sideration;
or designee. d. Recommend to the BCC the imposi-
1. The county fire code official, or des- tion of any building moratoria that
ignee. may be warranted as a result of the
m. The county emergency medical ser- disaster;
vices director, or designee. e. Review the nature of damages,iden-
tify and evaluate alternate program
n. The county communications and cus-
objectives for repairs and reconstruc-
tomer relations director,or designee. tion, and formulate recommenda-
o. A representative from the American tions to guide the community in its
Red Cross. recovery;
Supp.No.21 CD38:5
§38-4 COLLIER COUNTY CODE �'
f. Coordinate and implement strate- shall be necessary in order to take
gies for temporary housing efforts if official action regardless of whether
recommended by the U.S. Depart- ten or more members of the task
ment of Homeland Security of the force are present at the meeting.
Federal Emergency Management b. All meetings of the task force shall
Agency,U.S.Department of Housing be open to the public.The task force,
and Urban Development and the state by a majority vote of the entire mem-
emergency response team; bership, shall adopt rules of proce-
g. Receive and review damage reports dure for the transaction of business
and other analysis of post-disaster and shall keep a written record of
circumstances,and to compare these meetings, resolutions and findings
circumstances with mitigation oppor- and determinations. Copies of all
tunities identified prior to the disas- task force minutes, resolutions and
ter to determine appropriate areas exhibits shall be submitted to the
for post-disaster change and innova- board.
tion; and, where needed, the task
force may review alternative mecha c. Members of the task force, not em-
nisms to bring about such changes ployed by the county, shall serve
and recommend the coordination of without compensation, but shall be
internal and external resources for entitled to receive reimbursement
achieving these ends including con- for expenses reasonably incurred in
sultant or contract labor; the performance of their duties upon
prior approval of the board.
h. Recommend to the BCC land areas
and land use types that will receive d. The task force shall be reviewed by
priority in recovery; the board every four years commenc-
ing in the year 2010 to evaluate the
i. Recommend to the BCC blanket re need for changes to these provisions.
ductions in non-vital zoning regula (Ord. No. 2006 35, § 4)
tions and development standards
(e.g., buffering, open space, side set-
backs, etc.)to minimize the need for Sec. 38-5. Establishment of emergency re-
individual variances or compliance view board.
determinations prior to reconstruc- The emergency review board is hereby estab-
tion; and lished by this article. Upon the declaration of a
j. Evaluate damaged public facilities state or federal state of disaster, the emergency
and formulate alternative mitiga- review board will be convened at the direction of
tion options (i.e., repair, replace- the board as an integral element of disaster
ment, modification or relocation). declaration to implement the county's buildback
(3) Officers, quorum and rules of procedure. policy.
a. The task force shall be chaired by (1) The emergency review board shall be
the county manager,or designee,and chaired by the community development
co-chaired by the community devel- and environmental services administra-
opment and environmental services tor and shall consist of:
administrator,or designee.The Ares- a. The building review and permitting
ence of ten or more members shall department director, or designee;
constitute a quorum of the task force
necessary to take action and trans- b. The department of zoning and land
act business.In addition,an affirma- development review director, or des- --...`
tive vote of ten or more members ignee;
Supp.No.21 CD38:6
CIVIL EMERGENCIES §38-7
c. The comprehensive planning depart- Sec. 38-6. Post-disaster redevelopment pri-
ment director, or designee; orities.
d. The code enforcement department The following priority sequence shall govern
director, or designee; and community rebuilding and redevelopment efforts.
Procedural responsibilities and associated prior-
(2) The duties and authority of the emer- ity of effort will be defined in detail in the corn-
gency review board include, but are not prehensive emergency management plan:
limited to:
(1) Re-establishing services that meet the
a. Serve as an advisory committee to physical and safety needs of the commu-
the task force; nity to include, but not be limited to the
provision of: water, food, ice, medical and
b. Review all planning activities asso- health care, emergency access, continuity
ciated with the recovery and recon- of governmental operations, communica-
struction process as described in the tions, security of residents and posses-
comprehensive emergency plan and sions from harm,temporary housing, and
associated plans dealing with post- debris removal;
disaster moratoria, build-back poli-
cies, emergency permitting and zon- (2) Re-establishing the infrastructure neces-
ing, condemnation of buildings for sary for community reconstruction such
structural and electrical deficien- as, but not limited to: electrical distribu-
cies, enforcement and application of tion systems, potable water and sanitary
the LDC affecting setbacks,parking, sewer service, medical and health care
buffering, open space, temporary facilities, storm water and transportation
signage, use of recreational vehicles facilities, and housing facilities;
for temporary living purposes, and
other associated land development (3) Restoring the community's economic base,
regulations; as defined by the county GMP or accepted
econometric principles and practices; and
c. Establish and define criteria for emer-
gency repairs, determine the dura- (4) Improving the community's ability to with-
tion of the build-back period for build- stand the effects of future disasters.
back permitting activities and (Ord. No. 2006-35, § 6)
implement emergency permitting pol-
icies and procedures; Sec. 38-7. Determination of damage,
buildback policy,moratoria,emer-
d. Supervise preliminary damage and gency repairs,and emergency per-
detailed assessments; and mitting system.
e. Consider grants of administrative (a) Determination of damage.The primary task
variances, waivers or deviations to of the local damage assessment team(team)shall
effectuate the buildback policy. be to identify structures that have been damaged
f. Assist in the implementation of local as a result of the disaster. The team shall catalog
mitigation plans. and report to the chief building official those
structures that have been destroyed, received
Decisions rendered by the emergency re- major damage, and/or received minor damage.
view board may be appealed to the board The chief building official shall then, as may be
through the normal administrative ap- necessary, inspect the damaged structures and
peals process provided for in subsection place each structure in one of the damage catego-
10.02.02.F.5.b. of the LDC. ries provided for by this article and catalog esti-
(Ord. No. 2006-35, § 5) mated flood levels. The assessment shall also
Supp.No.21 CD38:6.1
§38-7 COLLIER COUNTY CODE
serve as a basis for determining if federal and (2) Structures damaged by the disaster by
state disaster declarations are warranted. The more than 49 percent of the replacement
team shall be authorized to: value at the time of the disaster may be
rebuilt to the original square footage and
(1) Label or placard homes or facilities that
density, provided that the structure com-
are deemed unsafe for entry or occupancy; plies with:
(2) Provide coordination with fire and emer- a. Federal and county requirements for
gency medical services personnel during elevation above the one percent an-
search and rescue operations,where there nual chance of a flood event as de-
is evidence of a compromise in structural fined on the existing flood insurance
safety; rate maps (FIRM);
(3) Utilize data from GIS or other resources b. Collier County Building Code require-
to determine residential locations that ments for accessibility and flood proof-
may be eligible for disaster relief pro- ing;
grams based on damage paths or commu- c. Current building and life safety codes;
nity demographics; and d. Coastal construction control line reg-
(4) Make recommendations to the chief build ulations which do not preclude recon
ing official, or authorized certifying offi- struction otherwise intended by this
cial, regarding the level appropriate of policy; and
occupancy for damaged structures while (3) Any required county zoning or other de-
temporary or emergency repairs are tak- velopment regulations,with the exception
ing place. of existing density or intensity require-
ments,shall apply unless compliance with
(b) Buildback policy. Structures which have such zoning or other development regula-
been destroyed by natural or manmade disasters tions would preclude reconstruction oth-
to the extent that the cost of reconstruction or erwise intended by this buildback policy
repair exceeds 49 percent of the replacement as determined by the emergency review
value of the structure may be reconstructed, but board; and
only in accordance with the legally documented
actual use, density, size, style, and type of con- (4) To minimize the need for individual vari-
struction including square footage existing at the ances or compliance determinations prior
time of destruction, thereby allowing such struc- to reconstruction, the county manager, or
tures to be rebuilt or replaced to the size, style, his designee, through the emergency re-
and type of original construction, including origi- view board may initiate processes to grant
nal square footage; provided, however, that the administrative waivers,deviations or vari-
affected structure,as rebuilt or replaced,complies ances from the provisions or standards of
with all applicable federal, state and local regu- the LDC affecting setback, parking buff-
lations which local requirements do not preclude ering, signage and/or open space require-
reconstruction otherwise intended by this policy. ments. The emergency review board may
This buildback policy shall be activated upon require documentation as to the actual
declaration of a state or federal state of disaster. uses, densities, and intensities existing
In accordance with this policy: prior to the disaster event and at the time
of the original construction through such
(1) Structures damaged up to and including means as,but not limited to,photographs,
49 percent of the replacement value at the diagrams, plans, affidavits, and permits
time of disaster may be rebuilt to the prior to authorizing modifications to the
original condition, with repair work sub- above requirements. In no instance shall
ject to current buildingand life safetythe parking requirements be modified
codes; where the reconstruction involves an in-
Supp.No.21 CD38:6.2
CIVIL EMERGENCIES §38-7
L
crease in density or intensity of use. The shall be considered legally non-
LDC requirements may be modified as conforming and shall also be
follows: reviewed by the emergency
a. Setbacks. Front, rear, side, or water review board pursuant to this
body setbacks shall be modified to section.
permit the reconstruction of exist- A letter, signed by the com-
ing structures that are non-conform- munity development and
ing with regard to a specific setback environmental services
only so long as: administrator, or designee,
1. The reconstruction will not verifying that modifications to
result in an increase in the the development standards
height of the structure as have been approved under the
defined by the LDC; terms of this article shall be
2. The reconstruction will not provided to the property owner
result in a further diminution to be recorded in the official
of the setback. The emergency records of the county. A copy of
review board may approve bay this letter shall be included in
windows,chimneys and similar the permanent file for each
architectural features that may building permit authorizing the
encroach further into the reconstruction.
setback provided the encroach- b. Parking. Non-residential parking
ment does not protrude beyond requirements shall be modified only
the existing overhang of the under the following circumstances:
building;
3. Front, side, or water body
1. To improve ingress and egress
setbacks may be modified to to the site in accordance with
permit the construction of a the county access manage-
handicapped access ment plan.
appurtenance to any 2. To eliminate or reduce the
reconstructed building; instances where conditions
4. Front,rear, side,or water body require that parked vehicles
setbacks may be modified to back out onto the public streets.
allow the replacement of stairs 3. To allow for the provision of
or decking that provides access handicapped parking spaces in
into any reconstructed dwell- accordance with the LDC.
ing unit;
A letter, signed by the com-
5. Front,rear,side,or water body
munity development and
setbacks may be modified to environmental services
legitimize minor existing administrator, or designee,
encroachments in setbacks verifying that the parking
discovered at the time of requirement modifications have
reconstruction; and been approved under the terms
6. Buildings or structures that of this article shall be provided
are not in compliance with cur- to the property owner to be
rent setback regulations and recorded in the official records
which can be proven to have of the county. A copy of such
been permitted prior to the letter shall be included in the
adoption of such regulations permanent file for the site
Supp. No. 87 CD38:6.3
§38-7 COLLIER COUNTY CODE
development plan or site Additional six-month extensions for the
improvement plan approved for temporary use of recreational vehicles
the subject property. may be administratively approved, by
c. Buffering and lopen space. Buffer the County Manager or designee, when:
ing or open space requirements shall a. A homeowner has an active build-
be modified only under the follow- ing permit and additional time is
ing circumstances: necessary for an issuance of the
1. To accommodate modifications certificate of occupancy; and
to existing parking areas or b. Any delay in construction activity
additional parking areas. has not been caused by action of the
2. To accommodate changes as a homeowner and is the result of an
result of reconstruction. uncontrollable event such as unavail-
able construction materials,
3. In no instance shall buffering subcontractors,or essential services.
or open space areas be
eliminated. (2) Allow the temporary staging of vegeta-
tive debris and the mulching and removal
4. A letter, signed by the com- of the debris on sites previously designated
munity development and by the public utilities administrator for
environmental services such use and approved for such use by
administrator, or designee, the community development and
verifying that the buffering or environmental services administrator for
open space requirement a period of six months after the disaster
modifications have been event;
approved under the terms of
this article shall be provided to (3) Allow temporary signs for businesses
�"' the property owner to be whose signs have been damaged or
recorded in the official records destroyed until such time as replacement
of the county. A copy of this signs are permitted and receive a
letter shall be included in the certificate of completion and to eliminate
permanent file of any site or reduce fees for temporary use permits
development plan or site associated with these signs for a period
improvement plan approved for of six months after the disaster. This
the subject property. period may be extended by the board
5. The initial build back period taking the extent and severity of the
disaster into account; and
for administrative reviews by
the emergency review board (4) Suspend the requirement for tree removal
shall be six months. This period permits for the removal of trees damaged
may be extended by the BCC by the disaster for a period of 90 days
taking the extent and severity after the disaster event. This period may
of the disaster into account. be extended by the board taking the
extent and severity of the disaster into
(c) To expedite recovery efforts and repair to account; and
damaged structures,the Emergency Review Board
is further authorized to: (5) Allow repair to minor damaged structures,
other than single-family homes and the
(1) Allow the temporary use of recreational replacement of accessory structures not
vehicles for living purposes on property containing habitable space through the
where damage has rendered the principal building permit process, without requir-
residence uninhabitable for a period of ing the submittal of a site development
six months after the disaster event. plan or site improvement plan for a
Supp. No. 87 CD38:6.4
CIVIL EMERGENCIES §38-7
period of up to six months after the ing permit, and other applicable land develop-
disaster event,under the following condi- ment approvals are granted through the normal
tions: processes as set forth in the LDC.
a. Evidence shall be submitted with (f) Moratoria. The board may, pursuant to
the building permit application show- Chapter 252, Florida Statutes, declare a
ing that the original structure was moratorium under the following conditions in
legally permitted; order to prioritize the repair and reconstruction
b. The extent of the reconstruction of damaged critical public facilities immediately
work shall be limited to repair or needed for public health, safety and welfare
replacement of damaged structures, purposes.
or parts of structures, in the same (1) Initial building moratorium.
location, footprint, and configura-
tion as the original structure; a. Declaration of an initial building
moratorium. An initial building
c. No reconstruction work shall be
moratorium may be declared when
performed that would increase the one or more of the following actions
non-conformity of a legal non- or findings occur:
conforming structure or use,
although any reconstruction work 1. The county is under a local
which reduces a non-conformity shall state of emergency or declared
be permitted; a disaster area by either the
Governor of the State of Florida
d. If the reconstruction work involves or the President of the United
the replacement of an accessory States;
structure, a survey shall be submit-
ted with the building permit applica- 2. 100 or more structures have
tion showing the original location of received major damage or have
the accessory structure. In cases been destroyed as determined
where the original accessory by the chief building official;
structure was encroaching into any 3. A finding has been made by
setback, the replacement accessory the board that a state of local
structure shall meet current setback emergency exists in accordance
requirements, whenever possible; with Chapter 252, Florida
e. No clearing of vegetation shall be Statutes;that there are escala-
allowed unless properly reviewed tions in homeland security
and permitted. This period may be threats;or that there are other
extended by the Board taking the emergency situations
extent and severity of the disaster determined by the director of
into account; emergency management; or
4. The county is unable to
(d) Zoning approval shall not relieve the maintain minimum acceptable
applicant from the obligation to meet the require- levels of service expected during
ments of any other county, state, or federal non-emergency situations as
agency or department; and provided for by the capital
(e) Damaged structures shall not be improvement element of the
reconstructed at a more intense use or higher GMP.
density than originally permitted by the GMP, b. Duration. The initial building
and no redevelopment at a higher density or moratorium shall remain in effect
more intense use shall be permitted unless for up to 72 hours. No building
appropriate zoning, development review, build- permits shall be issued during this
Supp. No. 87 CD38:6.5
§ 38-7 COLLIER COUNTY CODE
time period. After expiration of this is required based upon the
initial building moratorium, a results of the damage assess-
destroyed structure moratorium may ment and recommendations
become effective upon declaration from the chief building official.
by the board. Said moratorium may
cover the entire unincorporated area 5. Outstanding building permit
of the county, or any part thereof. inspection moratorium.
1. Destroyed structure i. All building permits that
moratorium.No building permit were issued prior to the
shall be issued for at least 30 disaster shall be
days following the expiration suspended for a minimum
of the initial building period of 30 days follow-
moratorium for the replace- ing the expiration of the
ment of any structure that has initial building
been destroyed. When a build- moratorium, unless the
ing permit is issued, damaged chief building official
structures may be rebuilt in determines on an
accordance with the buildback individual case-by-case
policy set forth herein. basis that sufficient
2. Major damaged structure inspection staff is avail-
moratorium.No building permit ablethe to adequately inspect
ld
for repairs of a major damaged on structuretionbegin or
structure shall be issued for at construction or
resume. Suspension of a
least ten days following the
expiration of the initial build- building permit means
�"' ing moratorium. that no further construc-
tion authorized by the
3. Minor damaged structure building permit is permit-
moratorium. No building ted and that no inspec-
permits for the repair of minor tions by the building
damaged structures shall be review and permitting
issued for at least four days department will be
following the expiration of the performed during the
initial building moratorium. moratorium period.
4. New development moratorium. ii. The county reserves the
No building permits for new right to re-inspect any and
construction or reconstruction all construction in
unrelated to rebuilding or progress pursuant to
repairing structures damaged validly issued pre-disaster
by the disaster shall be accepted building permits to verify
nor shall building permits for that the work in place
new construction be issued for suffered no damage as a
at least 30 days following the result of the disaster. In
expiration of the initial build- the event that the county
ing moratorium so that damage determines that such
may be assessed and repairs construction sustained
be made. The disaster recovery damage during the
task force will determine and disaster or suspects that
advise the board as to whether damage occurred, the
a new development moratorium property owner and/or
�" Supp. No. 87 CD38:6.6
CIVIL EMERGENCIES §38-7
Le
general contractor shall during the disaster or
be responsible for rework, suspects that damage
removal, retesting, and occurred, the property
uncovering work to owner shall be responsible
facilitate inspection so for rework, removal,
that compliance with the retesting,and uncovering
building permit and the the work to facilitate
building code are ensured. inspection,so that compli-
iii. Submittal dates and ance with the appropri-
review periods associated ate development order and
with applications for the LDC shall be ensured.
inspections relating to iii. Submittal dates and
building permits review periods associated
suspended under this sec- with applications for
tion shall be adjusted development orders
accordingly to reflect the suspended under this sec-
time period covered by this tion shall be adjusted
30-day moratorium. accordingly to reflect the
6. Outstanding development order time period covered by this
30-day moratorium.
moratorium.
7. Site development plan,subdivi-
i. All development orders as sion plat review, and zoning
defined herein issued prior request moratorium.
to the disaster will be
suspended for a minimum i. Site development plans
period of 30 days follow- which have been submit-
ing the expiration of the ted to the county prior to
initial building the disaster shall not be
moratorium. Suspension reviewed by the county
of the development order staff for a period of 30
means that no construc- days following the expira-
tion pursuant to the tion of the initial build-
development order is ing.
authorized and that no ii. No new site development
inspections by the Collier plans, zoning requests or
County Community subdivision plats shall be
Development and accepted by the county for
Environmental Services a period of 30 days follow-
Division will be performed ing the expiration of the
during the moratorium. initial building
ii. The county reserves the moratorium; and
right to re-inspect any and iii. All submittal dates and
all construction in place review periods shall be
prior to the disaster to adjusted accordingly to
verify that the improve- reflect the time period
ments were not damaged covered by this 30-day
during the disaster. In the moratorium.
event that the county 8. Duration of moratoria. All
determines that improve- moratoria other than the initial
ments were damaged building moratorium shall be
' Supp. No. 87 CD38:6.7
§38-7 COLLIER COUNTY CODE
in effect for the length of time debris removal activities. Nothing in this
described above and may be article shall be construed to suspend any
terminated or extended by the state or federal permit regulations.
board.
(h) Emergency permitting system. The county
(g) Emergency repairs. No construction or manager, or his designee, through the recovery
reconstruction activity shall be undertaken task force shall be authorized to amend the
without a building permit while a building administrative policies associated with the
moratorium is in effect. Emergency repairs neces- processing and application of building permits
sary to prevent injury, loss of life, imminent and associated local development orders in order
collapse of a structure or other additional damage to facilitate the expeditious issuance of building
to the structure or its contents shall not be permits for the purpose of disaster recovery.
subject to the temporary moratoria provided for Unless directed by the by the Governor and/or
by this article. Emergency repair activities shall the Florida Building Commission, the building
not require individual building permits. Such director shall insure that the most recent provi-
emergency repairs activities shall include, but sions of the Florida Building Code are strictly
not be limited to: enforced to assure the quality of the reconstructed
(1) Temporary roof repairs with plywood or buildings and structures, and to implement the
plastic sheeting to make structures habit- county buildback policy as set forth herein.
able or to prevent continuing damage to (Ord. No. 2006-35, § 7; Ord. No. 2020-05, § 2)
building interiors and exteriors due to
exposure to the elements; Sec. 38-8. Economic redevelopment poli-
(2) Covering exterior wall openings with
cies.
plywood or plastic sheeting; (a) The following priorities will guide the use
(3) Repairs to interior ceilings to make build- of resources employed toward rebuilding the
ings habitable or to drain accumulated community's economic base:
flood waters; (1) Rebuild the community businesses;
(4) Repairs to steps; and (2) Restore agricultural and industrial activi-
(5) Temporary stabilization measures, for ties; and
any structure greater than three stories
exclusive of coastal shoring/armoring, to (3) Re-establish the tourist industry.
avoid imminent building or structure (b) Damaged businesses and other economic
collapse and certified by a licensed enterprises necessary for the public health and
structural engineer, in coordination with safety and for restoring the community's economic
the chief building official and fire chief of base shall be allowed to use temporary structures
the appropriate fire district. such as, but not limited to, modular buildings,
Emergency repairs to buildings or mobile homes, or similar type structures to carry
infrastructure that support the following out their respective activities until the reconstruc-
organizations or activities shall not be tion necessitated by the disaster is completed.
subject to any temporary moratorium. (Ord. No. 2006-35, § 8)
This type of infrastructure includes, but
is not limited to, facilities that provide Sec. 38-9. Guidelines for acquiring dam-
electrical power, potable water, aged property.
wastewater, and communications facili-
ties;emergency stabilization of roadways; (a) When determined to be in the public inter-
police,fire and medical facilities;essential est, the board may negotiate with a property
governmental facilities;response/recovery owner, or owners, whose improved real property
centers and distribution centers; and has been damaged by the disaster for the purpose
Supp. No. 87 CD38:6.8
Chapters 39-41
RESERVED
CD39:1
Sec. 38-9. Guidelines for acquiring dam-
aged property.
(a) When determined to be in the public inter-
est, the board may negotiate with a property
owner, or owners, whose improved real property
has been damaged by the disaster for the purpose
of acquiring such buildings and associated land
or lots for transfer by sale, lease or donation to
the county under the following conditions:
(1) The property shall be located in an area
affected by the disaster;
(2) The property shall be free of any
encumbrances; and
(3) Any structure shall:
a. Have been damaged substantially
beyond repair or shall have been
damaged to the extent that the cost
of reconstruction or repair exceeds
49 percent of the replacement value
of the building or structure at the
time of the disaster; or
b. Not be capable of repair because of
the buildback policy set forth herein
or due to significantly increased
building costs; or
c. Has been abandoned by its owner.
(b) Property acquired under these conditions
shall be dedicated for open space uses; uses
which would not likely sustain damage in the
event of a future disaster, or open space uses
including parks for outdoor recreational activi-
ties, nature preserves or trails, beach access,
unimproved parking lots, and structures function-
ally related to these uses such as, but not limited
to, open-sided picnic facilities, refreshment stands,
or other non-habitable structures primarily sup-
porting the recreational activities.
(Ord. No. 2006-35, § 9)
Sec. 38-10. Authority.
Nothing in this article limits the authority of
the board to declare, repeal or extend a state of
local emergency.
(Ord. No. 2006-35, § 10)
Sec. 38-11. Penalties.
(a) Any person, firm, company or corporation
who fails to comply with or violates any section
of this article, or the emergency measures which
may be made effective pursuant to this article, is
guilty of a misdemeanor of the second degree,
and upon conviction for such offense, may be
punished by a fine not to exceed $500.00 or by
imprisonment not to exceed 60 days in the
county jail, or both, in the discretion of the court
hearing the case. Each day of continued non-
compliance or violation will constitute a separate
offense. In addition to this penalty, any construc-
tion licensee of the county or the State of Florida
who violates any provision of this article or the
emergency measures which are effective as a
result of this article, will be charged with said
violation and have the matter heard before the
appropriate county board, state administrative
body, or court of law; and
(b) Nothing contained herein prevents the
county from taking such other lawful action in
any court of competent jurisdiction as is neces-
sary to prevent or remedy any failure to comply
with, or violation of, this article or the emergency
measures which may be made effective according
to this article. Such other lawful action includes,
but is not limited to, an equitable action for
injunctive relief or an action at law for damages.
(Ord. No. 2006-35, § 11)
Secs. 38-12—38-25. Reserved.
ARTICLE II. RESERVED*
Secs. 38-26—38-55. Reserved.
*Editor’s note—Ord. No. 2006-35, § 12, repealed art. II,
§§ 38-26—38-33, in its entirety. Formerly, said article pertained
to the disaster recovery task force as enacted by Ord. No.
93-20, §§ 1—8; as amended. The user's attention is directed
to art. I of this chapter for similar provisions.
§ 38-55CIVIL EMERGENCIES
CD38:7Supp. No. 121
ARTICLE III. DECLARATION OF STATE
OF EMERGENCY*
Sec. 38-56. Intent.
It is the intent of the County to authorize the
County Manager to declare a local state of
emergency and to authorize certain actions relat-
ing thereto. For the purpose of this Ordinance,
"emergency" is defined as provided in F.S. ch.
252 as follows: any occurrence, or threat thereof,
whether accidental, natural or caused by man, in
war or in peace, which results or may result in
substantial injury or harm to the population or
substantial damage to or loss of property.
(Ord. No. 02-50, § 1; Ord. No. 2017-38, § 1; Ord.
No. 2025-40, § 1.A)
Sec. 38-57. Definitions.
[The following words, terms and phrases, when
used in this Ordinance, shall have the meanings
ascribed to them in this section, except where
the context clearly indicates a different mean-
ing:]
(1) Abandoned vehicle means any vehicle
meeting the definition of abandoned
property, as defined in F.S. § 705.101,
that is left, stored or abandoned:
(a) In a wrecked, inoperative, junked,
partially dismantled, sunk, flooded
or contributing to an uncontrolled
release of fuel or hazardous materi-
als, or in the case of a battery
powered vehicle an uncontrollable
fire, upon the public property of the
County. The fire official of the author-
ity having jurisdiction may have
cause to relocate an electrically
powered abandoned vehicle due to
its high volatility to reduce public
or private property damage.
(b) On any roadway of the county
without the consent of the agency
having jurisdiction thereof.
(c) Left, stored, abandoned, junked,
partially dismantled, sunk, flooded
or contributing to an uncontrolled
release of fuel or hazardous mate-
rial, high temperature battery
failure-induced fire, upon the
property of another without the
consent of the owner of the property.
(2) County work forces means officers,
employees, and agents of the county
including, but not limited to, contractors
retained by the county to push, remove,
store, or dispose of disaster-generated
debris or to otherwise act in response to
the implementation of the county's
disaster-generated debris removal
management plan.
(3) Derelict Vessel means any vessel, as
defined in F.S. § 327.02, that is left,
stored or abandoned:
(a) In a wrecked, junked or substantially
dismantled condition upon any public
waters of the county or county
property or right-of-way.
(b) At any port, dock, or mooring of the
county without the consent of the
agency having jurisdiction.
(c) Docked, grounded or beached upon
the property of another without
consent of the owner of the property.
(4) Director of the Office of Emergency
Management is the County employee
who leads the Emergency Management
Department and has the responsibility to
execute the emergency management plan
and discharge the emergency manage-
ment responsibilities and functions in
Collier County, and shall hereinafter be
referred to as the "director." The Director
shall meet or exceed the training and
certification requirements recommended
*Editor’s note—Ord. No. 01-45, § 1, adopted July 31,
2001, amended art. III in its entirety to read as herein set
out. Formerly, art. III pertained to similar subject matter.
See the Code Comparative Table.
Subsequently, Ord. No. 02-50, § 1, adopted Oct. 8, 2002,
amended art. III in its entirety to read as herein set out.
Cross reference—Offenses involving public safety, § 94-51
et seq.
State law reference—Local emergency management
powers, F.S. § 252.38(3).
§ 38-56 COLLIER COUNTY CODE
CD38:8Supp. No. 121
by the Florida Division of Emergency
Management and the International
Association of Emergency Management.
(5) Disaster means any natural, technologi-
cal, public health, or civil emergency that
causes damage of sufficient severity and
magnitude to result in a declaration of a
state of emergency by the county, the
Governor, or the President of the United
States. Disasters shall be identified by
the severity of resulting damage, as fol-
lows:
(a) Catastrophic disaster means a
disaster that will require massive
state and federal assistance, includ-
ing immediate military involve-
ment.
(b) Major disaster means a disaster
that will likely exceed local capabili-
ties and require a broad range of
state and federal assistance.
(c) Minor disaster means a disaster
that is likely to be within the
response capabilities of local govern-
ment and to result in only a minimal
need for state or federal assistance.
(6) Disaster-generated debris or debris
means any material, including trees,
branches, personal property, and build-
ing material deposited on county-owned
property or rights-of-way or on private
roads as a direct result of a major disaster
or a catastrophic disaster.
(a) The term includes, but is not limited
to:
1. Vegetative debris, which means
debris consisting of whole trees,
tree stumps, tree branches, tree
trunks, and other leafy mate-
rial.
2. Hazardous limbs and hazard-
ous trees, which means limbs
or trees damaged in a major
disaster or a catastrophic
disaster and in danger of fall-
ing on primary ingress or egress
routes or on county rights-of-
way.
3. Construction and demolition
debris, which means debris cre-
ated by the removal of disaster-
damaged interior and exterior
materials from improved
property such as lumber and
wood, gypsum wallboard, glass,
metal, roofing material, tile,
carpeting and floor coverings,
pipe, concrete, fully cured
asphalt, equipment, furnish-
ings, and fixtures.
4. HHW, which means household
hazardous waste such as
household cleaning supplies,
insecticides, herbicides, and
other products or materials
containing volatile chemicals
that catch fire, react, or explode
under certain circumstances,
or that are corrosive or toxic.
5. E-waste, which means
electronic waste such as
computers, monitors, televi-
sions, high capacity commercial,
residential, automotive,
recreational, and industrial bat-
teries of various chemistries,
and other such electronics that
contain hazardous materials.
6. White goods, which means
discarded household appliances
such as refrigerators, freezers,
air conditioners, heat pumps,
ovens, ranges, washing
machines, clothes dryers, and
water heaters.
7. Putrescent debris, which means
debris that will decompose or
rot such as animal carcasses
and other fleshy organic matter.
(b) The term does not include:
1. Debris from vacant lots, forests,
heavily wooded areas,
unimproved property, and
unused areas;
§ 38-57CIVIL EMERGENCIES
CD38:9Supp. No. 121
2. Debris on agricultural lands
used for crops or livestock;
3. Concrete slabs or foundations-
on-grade; and
4. Construction and demolition
debris consisting of materials
used in the reconstruction of
disaster-damaged improved
property.
(7) Disaster-generated debris removal
management plan means the action by
the county taken in accordance with
Section 38-72 herein.
(8) Division means the Division of
Emergency Management of the Execu-
tive Office of the Governor, or the succes-
sor to that division.
(9) Emergency means any occurrence, or
threat thereof, whether natural,
technological, or manmade, in war or in
peace, including civil unrest, acts of mass
violence, or critical resource shortage,
which results or may result in substantial
injury or harm to the population or
substantial damage to or loss of property.
(10) Emergency Management means the
preparation for, the mitigation of, the
response to, and the recovery from
emergencies and disasters. Specific
emergency management responsibilities
include, but are not limited to:
(a) Reduction of the vulnerability of
people and communities of this state
to damage, injury, and loss of life
and property resulting from natural,
technological, or manmade emergen-
cies or hostile military of
paramilitary action.
(b) Preparation for prompt and efficient
response and recovery to protect
lives and property affected by
emergencies.
(c) Response to emergencies using all
systems, plans, and resources neces-
sary to preserve adequately the
health, safety, and welfare of persons
or property affected by the
emergency. Such efforts shall include
but are not limited to regular brief-
ings, training, exercises, and simula-
tions to maintain readiness for all
types of emergencies. These efforts
will ensure that County employees,
local responders, and community
partner agencies are prepared to
implement emergency plans during
an actual emergency and assist
residents in recovery.
(d) Recovery from emergencies by
providing for the rapid and orderly
start of restoration and rehabilita-
tion of persons and property affected
by emergencies.
(e) Provision of an emergency manage-
ment system embodying all aspects
of pre-emergency preparedness and
post-emergency response, recovery,
and mitigation. Such efforts shall
include post-event evaluations to
focus on continuous improvement of
emergency management plans and
practices, some of which are exempt
from public record in the Florida
Statutes.
(f) Assistance in anticipation, recogni-
tion, appraisal, prevention, and
mitigation of emergencies which may
be caused or aggravated by
inadequate planning for and regula-
tion of, public and private facilities
and land use.
(11) Emergency Management Department
means the County department created in
accordance with the provisions of Florida
law to discharge the emergency manage-
ment responsibilities and functions of
Collier County. The Department shall
serve as the primary agency responsible
for coordinating all aspects of emergency
preparedness, response, recovery, and
mitigation within the County. This
includes the authority to activate
emergency plans, mobilize resources, and
collaborate with local public and private
organizations, constitutional officers, and
state and federal agencies to ensure the
§ 38-57 COLLIER COUNTY CODE
CD38:10Supp. No. 121
community's health, safety, and welfare
during a disaster or emergency. The
Department will engage in homeland
security efforts as a trusted agent to help
ensure public preparedness strategies are
implemented from generally open-source
information.
(12) Hazardous tree or hazardous limb
refers to eligible vegetative debris which
may include tree limbs, branches, stumps
or trees that are still in place, but dam-
aged to the extent they pose an immedi-
ate threat. These items are ineligible if
the hazard existed before the incident, or
if the item is in a natural area and does
not extend over improved property or
public-use areas, such as trails, sidewalks,
or playgrounds.
(13) Manmade Emergency means an
emergency caused by an action against
persons or society, including, but not
limited to, enemy attack, sabotage, ter-
rorism, civil unrest, acts of mass violence,
or other action impairing the orderly
administration of government.
(14) Mass Notification System means the
County's Emergency Management
Department's ability to make wide area
emergency notifications via resources
including, but not limited to: telephonic,
wireless, public address systems, com-
mercial cable and broadcast interrup-
tions, activation of the National Oceanic
and Atmospheric Administration's
weather radio alert system and door-to-
door notification by public safety forces.
(15) Natural Emergency means an emergency
caused by a natural event, including, but
not limited to, a hurricane, a storm, a
flood, severe wave action, a drought, or
an earthquake.
(16) Private road means any nonpublic road
that is located within the county and has
a designated name and private road sig-
nage, the maintenance of which is not
the legal responsibility of the county.
The term includes, but is not limited to,
roads owned and maintained by homeown-
ers' associations, including gated com-
munities, and roads for which no
individual or entity has claimed or
exercised maintenance responsibility. The
term also includes the land lying within
the three-foot roadside shoulder area on
both sides of the travel lanes of such
road. The County may be required to
obtain certain rights of entry and may be
restricted from private road debris
removal reimbursement under certain
provisions by the State or guidance within
the Stafford Act.
(17) Right-of-way means the portions of
county-owned land over which facilities
such as highways, roads, railroads, or
power lines are built. The term includes
the county-owned land on both sides of
such facilities up to the boundary of the
adjoining property.
(18) Stafford Act means the Robert T. Stafford
Disaster Relief and Emergency Assistance
Act codified in 42 U.S.C. §§ 5121 through
5207, as the same may be amended from
time to time.
(Ord. No. 02-50, § 1; Ord. No. 07-49, § 1; Ord.
No. 07-49, § 1; Ord. No. 2017-38, § 1; Ord. No.
2025-40, § 1.B)
Sec. 38-58. Officer Designated to Declare
Emergency.
Pursuant to F.S. ch. 252, which authorizes the
waiver of procedures and formalities otherwise
required of political subdivisions to take whatever
prudent action is necessary to ensure the health,
safety and welfare of the community in the event
of a state of emergency, the County Manager is
hereby declared to be the officer designated and
empowered to declare a state of local emergency
in Collier County. Should the County Manager
be unavailable, the declaration can be made by
the Deputy County Manager. Alternatively, a
state of local emergency may also be declared by
a quorum of the Board of County Commissioners
sitting in regular or emergency session.
(Ord. No. 02-50, § 1; Ord. No. 2017-38, § 1; Ord.
No. 2025-40, § 1.C)
§ 38-58CIVIL EMERGENCIES
CD38:11Supp. No. 121
Sec. 38-59. Extent of Statement of
Emergency.
A state of emergency shall be declared by
proclamation of either the Board or the County
Manager. The state of emergency shall continue
for seven days and may be extended in seven day
increments until the Board or the County Manager
finds that the threat or danger no longer exists.
(Ord. No. 02-50, § 1; Ord. No. 2017-38, § 1; Ord.
No. 2025-40, § 1.D)
Sec. 38-60. Proclamation.
If the County Manager issues a proclamation,
the County Manager shall make a timely and
good faith attempt to notify the Board via one-
way communications. The Board at its next
available scheduled or emergency meeting shall
retroactively endorse the local state of emergency,
hear a situation report about the emergency
from the Emergency Management Director, and
extend, terminate or authorize other conditions
to the local state of emergency. A proclamation
declaring a state of emergency shall activate the
disaster emergency plans applicable to the County
and shall be the authority for the use, purchase,
rental, or distribution of any supplies, equip-
ment, materials or facilities assembled or arranged
to be made available pursuant to such plans, and
shall activate other protective actions recom-
mended by the Emergency Management Direc-
tor, including but not limited to evacuations and
shelter activations.
(Ord. No. 02-50, § 1; Ord. No. 2017-38, § 1; Ord.
No. 2025-40, § 1.E)
Sec. 38-61. Use of Public Facilities for
Shelters.
Public facilities, including schools, charter
schools, state-funded colleges and universities,
and other facilities owned or leased by the state
or local governments, but excluding hospitals or
nursing homes, which are suitable for use as
public hurricane evacuation shelters shall be
made available at the request of the emergency
management director or emergency manage-
ment director's designee. The director or the
director's designee shall coordinate with the
appropriate school board, university, community
college, or local governing board when request-
ing the use of such facilities as public hurricane
evacuation shelters.
(Ord. No. 02-50, § 1; Ord. No. 2017-38, § 1; Ord.
No. 2025-40, § 1.F)
Sec. 38-62. Power of Employees Rendering
Outside Aid.
(1) Whenever the employees of the County
are rendering aid beyond the territorial boundar-
ies of the County, such employees shall have the
same powers, duties, rights, privileges, and
immunities as if they were performing their
duties in the County.
(2) (a) The political subdivision in which any
equipment is used pursuant to this sec-
tion shall be liable for any loss or damage
thereto and shall pay any expense
incurred in the operation and maintenance
thereof. No claim for such loss, damage,
or expense shall be allowed unless an
itemized notice of such claim under oath
is served by mail or otherwise upon the
chief fiscal officer of the political subdivi-
sion in which the equipment was used
within 60 days after the loss, damage, or
expense is sustained or incurred.
(b) The political subdivision which is aided
pursuant to this section shall also pay
and reimburse the county for furnishing
such aid for compensation paid to
employees furnished under this section
during the time of the rendition of such
aid and shall defray the actual travel and
maintenance expenses of such employees
while they are rendering such aid. The
County Manager may defer billing nearby
fiscally constrained counties for any
manpower or resource cost for the first 3
days of support, with the exception of
personal injury or death. Such reimburse-
ment shall include any amounts paid or
due for compensation due to personal
injury or death while such employees are
engaged in rendering such aid. The term
"employee" as used in this section means,
and the provisions of this section apply
with equal effect to, paid, volunteer, and
auxiliary employees and emergency
§ 38-59 COLLIER COUNTY CODE
CD38:12Supp. No. 121
management services workers. The same
shall apply for aid rendered to Collier
County.
(Ord. No. 02-50, § 1; Ord. No. 2017-38, § 1; Ord.
No. 2025-40, § 1.G)
Sec. 38-63. Mutual Aid Agreements.
The County is authorized to develop and enter
into mutual aid agreements within the state for
reciprocal emergency aid and assistance in case
of emergencies too extensive to be dealt with
unassisted. Copies of such agreements shall be
sent to the Florida Division of Emergency Manage-
ment, and partner agencies including Florida
Warn, Florida Emergency Preparedness Associa-
tion, National Emergency Management Agency,
and FEMA's cooperative agreements with the
Southeast Compact and related mutual aid groups
recognized by the State of Florida. Such agree-
ments shall be consistent with the state
comprehensive emergency management plan and
program, and in time of emergency it shall be the
duty of the County to render assistance in
accordance with the provisions of such mutual
aid agreements to the fullest possible extent.
(Ord. No. 02-50, § 1; Ord. No. 2017-38, § 1; Ord.
No. 2025-40, § 1.H)
Sec. 38-64. Compensation.
(1) Compensation for services or for the taking
or use of property shall be owed only to the
extent that a claimant may not be deemed to
have volunteered her or his services or property
without compensation and only to the extent
that such taking exceeds the legal responsibility
of a claimant to render such services or make
such property so available.
(2) Compensation owed for personal services
shall be only such as may be fixed by the Florida
Division of Emergency Management, or reason-
able and customary costs authorized by the
Robert T. Stafford Act and interpreted by the
Federal Emergency Management Agency.
(3) Compensation for property shall be owed
only if the property was commandeered or
otherwise used in coping with an emergency and
its use or destruction was ordered by the County.
(4) Any person claiming compensation for the
use, damage, loss, or destruction of property
shall file a claim therefor with the County.
(5) Unless the amount of compensation owed
on account of property damaged, lost, or destroyed
is agreed between the claimant and the County,
the amount of compensation shall be calculated
in the same manner as compensation due for a
taking of property pursuant to the condemnation
laws of this state except that if a party making a
claim pursuant to this provision who disagrees
with the amount of compensation offered by the
County shall bear its own costs and attorney
fees.
(6) Nothing in this section applies to or
authorizes compensation for the destruction or
damaging of standing timber or other property
in order to provide a firebreak or damage result-
ing from the release of waters or the breach of
impoundments in order to reduce pressure or
other danger from actual or threatened flood or
applies to or authorizes compensation beyond
the extent of funds available for such compensa-
tion.
(Ord. No. 02-50, § 1; Ord. No. 2017-38, § 1; Ord.
No. 2025-40, § 1.I)
Sec. 38-65. Emergency Orders and Rules.
All emergency orders and rules adopted by the
County during a declared state of emergency
shall have the full force and effect of law after
adoption when filed in the office of the Clerk of
Courts or the designee of the Clerk of Courts.
(Ord. No. 02-50, § 1; Ord. No. 2017-38, § 1)
Sec. 38-66. Enforcement.
The law enforcement authorities of the County
and municipalities of the County shall enforce
the orders and rules issued pursuant to Section
38-65 herein.
(Ord. No. 02-50, § 1; Ord. No. 2017-38, § 1)
Sec. 38-67. Liability.
Any person or organization, public or private,
owning or controlling real estate or other premises
who voluntarily and without compensation other
than payment or reimbursement of costs and
§ 38-67CIVIL EMERGENCIES
CD38:13Supp. No. 121
expenses, grants a license or privilege or otherwise
permits the designation by the County emergency
management department for use of the whole or
any part of such real estate or premises for the
purpose of sheltering persons during an actual,
impending, mock, or practice emergency, together
with her or his successor in interest, if any, shall
not be liable for the death of, or injury to, any
person on or about such real estate or premises
during the actual, impending, mock, or practice
emergency, or for loss of, or damage to, the
property of such person, solely by reason or as a
result of such license, privilege, designation, or
use, unless the gross negligence or the willful
and wanton misconduct of such person owning or
controlling such real estate or premises or her or
his successor in interest is the proximate cause
of such death, injury, loss, or damage occurring
during such sheltering period. Any such person
or organization who provides such shelter space
for compensation shall be deemed to be an
instrumentality of the State or the County where
applicable, for the purposes of F.S. § 768.28.
(Ord. No. 02-50, § 1; Ord. No. 2017-38, § 1)
Sec. 38-68. Authorized Emergency
Measures.
In addition to any other powers conferred by
law, upon the declaration of a state of emergency
pursuant to this Ordinance, the Board or County
Manager may order and promulgate all or any of
the following emergency measures to be effective
during the period of such emergency in whole or
in part, and with such limitation and conditions
as he or she may deem appropriate to protect the
health, safety and welfare of the community:
(1) Suspend or limit the sale, dispensing or
transportation of alcoholic beverages,
explosives, and combustibles.
(2) Establish curfews, including, but not
limited to, the prohibition of or restric-
tions on pedestrian and vehicular move-
ment, standing and parking, except for
the provision of designated, essential
services, such as fire, police, emergency
medical services and hospital services,
including the transportation of patients,
utility emergency repairs and emergency
calls by physicians.
(3) Utilize all available resources of the
County government as reasonably neces-
sary to cope with the disaster emergency.
Any single expenditure exceeding
$50,000.00 shall be cosigned by the County
Attorney or his or her designee.
(4) Emergency management powers; politi-
cal subdivisions.
a. To appropriate and expend funds;
make contracts; rent emergency
equipment; acquire and obligate pay-
ment for temporary site leases or
licenses for temporary facilities;
request and obligate reimburse-
ment to mutual-aid teams; obtain
and distribute equipment, materi-
als, and supplies for emergency
management purposes; provide for
the health and safety of persons and
property, including emergency
assistance to the victims of any
emergency;
b. To appoint, employ, remove, or
provide, with or without compensa-
tion, coordinators, rescue teams, fire
and police personnel and other
emergency management workers,
including, but not limited to,
documentation teams, incident
management teams, communica-
tions personnel and specialized
equipment, warehousing and logisti-
cal personnel, shelter medical
personnel, recovery subject matter
experts, Geographical Information
Systems, (GIS) experts, drone
personnel, forward observers and
demobilization teams.
c. Authorize the activation of mass
notification systems for certain
emergency messages or conditions
within the unincorporated areas of
Collier County and the municipal
boundaries upon request by
municipal or constitutional officials
and approval by the Director or his
or her designee.
§ 38-67 COLLIER COUNTY CODE
CD38:14Supp. No. 121
(5) Declare certain areas off limits to all but
emergency personnel.
(6) Make provisions for the availability and
use of temporary emergency housing and
emergency warehousing of materials.
(7) Make provisions for the temporary hous-
ing, feeding, fuel, and light maintenance
of mutual-aid personnel and equipment
as provided to the County whether under
a state or county EOC requested
assistance mission.
(8) Establish emergency operating centers,
disaster recovery centers, point of distribu-
tion for staging and public distribution of
essential commodities, and shelters in
addition to or in place of those provided
for in the County's emergency plan.
(9) Declare that during an emergency it
shall be unlawful and an offense against
the County for any person to use the
fresh water supplied by the County, or
local municipalities or other entities for
any purpose other than cooking, drink-
ing or bathing, conservation measures,
or as otherwise directed by the Public
Utility Director in concert with the County
Manager and the local public health
official.
(10) Declare that during an emergency it
shall be unlawful and an offense against
the County for any person operating
within the County to charge more than
the normal average retail price for any
merchandise, goods or services sold during
the emergency. The average retail price
as used herein is defined to be that price
at which similar merchandise, goods or
services were being sold during the 30
days immediately preceding the
emergency or at a mark-up which is a
larger percentage over wholesale cost
than was being added to wholesale cost
prior to the emergency.
(11) Confiscate merchandise, equipment,
vehicles or property needed to alleviate
the emergency, with the exception of
emergency vehicles. Reimbursement shall
be within 90 days and at customary
value charged for the items during the 90
days previous to the emergency.
(12) Preceding or during the emergency, the
Board or the County Manager shall have
the authority to request the State's
Emergency Operations Center to request
the National Guard or the Army, Coast
Guard, State Guard, or other law enforce-
ment divisions as necessary to assist in
the mitigation of the emergency or to
help maintain law and order, rescue,
traffic control, and/or to manage all or
part of disaster relief commodity distribu-
tion.
(13) Further, the County has the power and
authority to waive the procedures and
formalities otherwise required by law
pertaining to:
a. Performance of public work and
taking whatever prudent action is
necessary to ensure the health,
safety, and welfare of the com-
munity.
b. Entering into contracts.
c. Incurring obligations, such as the
emergency acquisition of fire-fight-
ing foam or other fire or
environmental protection resources.
d. Employment of permanent and
temporary workers.
e. Utilization of volunteer workers.
f. Rental or charter of equipment which
is essential for immediate response,
and exempt from local contracts if
warranted due to the need to respond
in a timely manner, or market avail-
ability, including but not limited to:
heavy construction, earthmoving and
debris removing equipment, vegeta-
tive debris reducing equipment,
water and fuel or waste separators,
cranes for search and rescue or
structural collapse, cargo trucks,
refrigerated trucks and trailers,
generators, cords, pumps, lighting
traffic control supplies and equip-
§ 38-68CIVIL EMERGENCIES
CD38:15Supp. No. 121
ment, potable and waste-water
transport and removal trucks, fuel
trucks, support equipment for landfill
debris operations and disposal of
white goods, trailers and tenders for
water and fuel transport, fire
apparatus purchase of fire-fighting
foam, ambulances, all-terrain and
high-clearance vehicles, charter or
rental buses for evacuation,
transportation of essential workers
or relocation of evacuees or survivors,
specialized aircraft for firefighting,
wildfire firefighting, damage assess-
ment, search and rescue, transport
of personnel and emergency courier
services, temporary morgue facili-
ties, saws, torches, or other hand-
tools in high demand, vehicle
maintenance and repair equipment,
responder and essential personnel
canteen equipment, personnel, sup-
plies, food stocks, preparation and
delivery, warehouse support equip-
ment such as forklifts, extended
reach forklifts, pallet jacks and labor.
In support of wildfire threat reduc-
tion or restoration, roller chopping
and mowing equipment, personnel,
brush mowing or reseeding tractors,
and related items.
g. Acquisition and distribution, with
or without compensation, of sup-
plies, materials, and facilities.
h. Appropriation and expenditure of
public funds.
i. Making emergency expenditures for
supplies, equipment, and subscrip-
tion agreements for alternate secure
data and voice communications to
sole or single source vendors to
ensure continuity of operations.
j. Work related to emergency flood
fighting efforts on and off of the
public rights-of-way, including, but
not limited to, emergency pumping
and water diversion and manipula-
tion of controls along drainages,
canals, ditches, retention ponds,
weirs or other necessary flood control
measures.
(14) Authorize the emergency purchase of
radio, television, print or any other paper
or electronic media for the purposes of
advertising residents of protective action
recommendations, recovery information,
and debris removal or disposal require-
ments or any other pertinent informa-
tion in support of public health or safety.
(15) Activate a statewide mutual-aid system.
Any expenditure made in connection with
emergency activities, including mutual-
aid activities, shall be deemed conclusively
to be for direct protection and benefit of
the inhabitants and to mitigate the
potential for severe environmental
property damage of the County.
(16) Make a determination that:
a. There is a threat to public health
and safety that may result from the
generation of widespread debris
throughout the County;
b. Such debris constitutes a hazardous
environment for all modes of move-
ment and transportation of the
residents as well as emergency aid
and relief services;
c. There is an endangerment to all
properties in the County;
d. There is an environment conducive
to breeding disease and vermin;
e. There is a greatly increased risk of
fire;
f. It is in the public interest and safety
to collect and remove disaster debris
from all property, whether public
lands, public or private roads, and
gated communities, to eliminate an
immediate threat to life, public
health and safety to reduce the
threat of additional damage to
improved property and to promote
economic recovery of the community
at large.
§ 38-68 COLLIER COUNTY CODE
CD38:16Supp. No. 121
(17) Authorize the County or its contracted
agent(s) the right of access to private
roads or gated communities as needed
for:
a. Emergency vehicles such as, but not
limited to, fire, police, emergency
management, and medical care.
b. Performance of damage assessment,
emergency management, special-
ized search and rescue teams and
drone operations for the benefit of
damage assessment, of life safety,
search and rescue, or utility restora-
tion.
c. Human services and victim relief.
d. Temporary emergency traffic controls
or detour efforts.
e. Debris removal vehicles and equip-
ment, utility equipment and sanita-
tion efforts to alleviate immediate
threats to public health and safety.
f. Additional contract security efforts.
g. Temporary structural and wildfire
fire-fighting efforts, including
temporary staging areas for equip-
ment, placement of temporary or
mobile bulk water supplies,
temporary hose or piping, and dry
hydrant resources.
(18) Authorize the removal of debris, wreck-
age or collapsed structures resulting from
a major disaster for a safe and sanitary
living or functioning condition of the
proximate environment.
(19) Authorize the removal of derelict vessels
pursuant to Florida Statutes and in
conjunction with the Florida Fish and
Wildlife Conservation Commission, and
coordinate with the County or contract
resources for emergency fuel and spill
control in the water or on land.
(20) Authorize the removal of abandoned
vehicles pursuant to Florida Statutes in
conjunction with law enforcement of the
city, county or state.
(21) Pursuant to a right of entry, enter private
property for the purposes of making
emergency repairs to water, sewer, power,
data, voice, pumping, stormwater drain-
age, or water control structures, public
safety radio communication towers, or
wildfire extinguishment to help repair
essential functions, mitigate emergency
conditions, or open essential roadways.
Any emergency measure which may require
law or code enforcement of any kind shall be
memorialized as soon as reasonably practical by
a Resolution signed by the County Manager,
which Resolution shall upon execution have the
same force and effect as if adopted by the Board
of County Commissioners. The Board at its next
available scheduled or emergency meeting shall
retroactively approve the Resolution.
(Ord. No. 02-50, § 1; Ord. No. 07-49, § 2; Ord.
No. 2011-34, § 1; Ord. No. 2017-38, § 1; Ord. No.
2018-37, § 1; Ord. No. 2025-40, § 1.M)
Sec. 38-69. Declaration, Termination by
Board While in Session.
Nothing in this Ordinance shall be construed
to limit the authority of the Board of County
Commissioners from declaring or terminating a
state of emergency and taking any action
authorized by law when sitting in regular or
special session.
(Ord. No. 02-50, § 1; Ord. No. 2017-38, § 1)
Sec. 38-70. Penalty for Violation.
Penalties. Any person violating any provision
of this Emergency Management Code or any rule
or order made pursuant to this Emergency
Management Code is guilty of a misdemeanor of
the second degree, punishable as provided in F.S.
§§ 775.082 or 775.083. Each day of continued
noncompliance or violation shall constitute a
separate offense. In addition to the foregoing,
any licensee of the County found guilty of viola-
tion any provision of this Ordinance, or the
emergency measures which may be made effec-
tive pursuant to this Ordinance, may have his
license suspended or revoked by the Board of
County Commissioners.
(a) Nothing herein contained shall prevent
the County from taking such other lawful
§ 38-70CIVIL EMERGENCIES
CD38:17Supp. No. 121
action in any court of competent jurisdic-
tion as is necessary to prevent or remedy
any refusal to comply with, or violation
of, this Ordinance or the emergency
measures which may be made effective
pursuant to this Ordinance. Such other
lawful action shall include, but not be
limited to an equitable action for injunc-
tive relief or an action at law for dam-
ages.
(Ord. No. 02-50, § 1; Ord. No. 2017-38, § 1)
Sec. 38-71. Right of Entry and
Indemnification.
In conjunction with the right of entry, each
property owner adjacent to a private road or
street or gated community association shall
indemnify and hold harmless the United States
Government, Department of Homeland Security
(DHS), Federal Emergency Management Agency
(FEMA), the State of Florida, Collier County and
their agents, officers, employees, volunteers,
contractors and subcontractors, from any and all
claims, losses, penalties, demands, judgments,
and costs of suit, including, but not limited to,
worker's compensation claims, and including
attorney's fees and paralegal fees, for any expense,
damage or liability incurred by any of them,
whether for personal injury, property damage,
direct or consequential damages, or economic
loss, arising directly or indirectly on account of
or in connection with the work performed by any
of the above pertaining to any hazard or disaster
mitigation, drainage problem, debris removal,
recovery or reconstruction management.
(Ord. No. 07-49, § 3; Ord. No. 2017-38, § 1; Ord.
No. 2025-40, § 1.P)
Sec. 38-72. Disaster-Generated Debris
Removal Management Plan;
Authority, Priorities and
Limitations.
(1) The County Manager, or designee, shall
have the authority, subject to the limitations of
this section, to remove disaster-generated debris
located within the County on County-owned
property, County-owned roads, private roads,
and drainage easements after the declaration of
any state of emergency pursuant to this
Ordinance. The removal of such disaster-gener-
ated debris is authorized only after a major
disaster or a catastrophic disaster and upon the
determination by the County Manager, or
designee, that such removal is reasonably neces-
sary to eliminate immediate threats to life,
public health, and safety; to eliminate immedi-
ate threats of significant damage to improved
County-owned property; or to ensure economic
recovery of the affected community to the benefit
of the community at large.
(a) An immediate threat to life, public health,
and safety shall be deemed to exist if any
one (1) of the following conditions is
satisfied:
1. There is a significant likelihood that
rescue vehicles will be significantly
hindered from rendering emergency
services if the disaster-generated
debris is allowed to remain in place;
2. The type of disaster-generated debris
is such that it may reasonably cause
disease, illness, or sickness which
could injure or adversely affect the
health, safety, or general welfare of
those residing and working in the
area if it is allowed to remain;
3. The removal of the disaster-gener-
ated debris is necessary to effectu-
ate orderly and expeditious
restoration of County-wide utility
services including, but not limited
to, power, water, sewer, and data
and voice communications;
4. The disaster-generated debris is
determined by the County building
official or public health official to be
dangerous or hazardous;
5. The disaster-generated debris
prevents solid waste collection,
thereby creating a public health
and safety hazard;
6. The disaster-generated debris
contains contaminants which have
a reasonable likelihood of leeching
into the soil and/or aquifer of the
County;
§ 38-70 COLLIER COUNTY CODE
CD38:18Supp. No. 121
7. The disaster-generated debris has a
substantial negative impact upon
public health and safety by prevent-
ing or adversely affecting emergency
repairs to buildings and/or property;
8. The disaster-generated debris
presents a reasonable danger of being
transported by wind and/or water to
neighboring properties, thereby
increasing the cost of recovery and
removal;
9. The disaster-generated debris is
significantly likely to produce mold
or may otherwise cause disease, ill-
ness, or sickness which could injure
or adversely affect the health, safety,
or general welfare of the public;
10. The presence of the disaster-gener-
ated debris significantly adversely
impacts the County's recovery efforts;
11. The disaster-generated debris
significantly interferes with drain-
age or water runoff and the storm-
water flow of certain creeks, canals,
retention ponds, drainages, flood
control structures, and swales, so as
to be a significant hazard in the
event of significant rainfall;
12. The sheer volume of the disaster-
generated debris is such that it is
impractical and unreasonable to
remove in an orderly and efficient
manner absent action by the County;
or
13. The type, extent and nature of the
disaster-generated debris is such
that it would cause much greater
damage if not removed immediately.
(b) An immediate threat of significant damage
to improved County-owned property shall
be deemed to exist if the cost to remove
the disaster-generated debris is less than
the cost of potential damage to the
improved property, thereby being a cost
effective removal.
(2) Removal from County-owned property and
County rights-of-way.
(a) In removing disaster-generated debris
from County-owned property and County
rights-of-way, the highest priority shall
initially be given to responding to immedi-
ate threats to life, public health, and
safety; eliminating immediate threat of
significant damage to County property or
facilities; and pushing or removing
disaster-generated debris from the County
rights-of-way to permit safe passage.
(b) The removal of disaster-generated debris
in accordance with the priority set forth
in subsection (2)(a) shall begin as soon as
functionally feasible after the occurrence
of a major disaster or catastrophic disaster.
The primary operation of the County
work forces will be to cut and toss disaster-
generated debris, depositing it along the
County rights-of-way, thereby creating
access to the major arterial roadways to
allow for expedited search and rescue
efforts as well as recovery efforts. Upon
completion of the cut and toss operation,
County work forces will begin the removal
of other disaster-generated debris. The
owners of private property or those
individuals otherwise in possession of
private property that adjoins County
rights-of-way may place disaster-gener-
ated debris in the County right-of-way in
accordance with the requirements set
forth in subsection (d). The community-
at-large will be notified of the initial
start date for removal of disaster-gener-
ated debris by County work forces and
will subsequently be notified prior to the
last removal pass by County work forces.
After the last such removal pass, County
residents will be responsible for the
removal of any remaining disaster-
generated debris which meets pre-disaster
service collection requirements whether
they be self-provided, provided through a
private contractor, or provided through
regular waste disposal services.
(c) Upon the resumption of pre-disaster waste
collection activities, County residents will
§ 38-72CIVIL EMERGENCIES
CD38:19Supp. No. 121
be held accountable for the placement of
any remaining disaster-generated debris
along County rights-of-way and private
roads, or on private property, which place-
ment does not meet pre-disaster collec-
tion service standards and is found to be
not in compliance with this Ordinance or
with any other County regulation.
(d) The removal of disaster-generated debris
consisting of either hazardous trees or
hazardous limbs on County-owned
property and County rights-of-way is
authorized only upon the satisfaction of
each of the following conditions:
1. The damage to the hazardous tree
or hazardous limb was the result of
the disaster; and
2. The hazardous tree or hazardous
limb is in danger of falling on a
structure or other improvement, on
a primary ingress or egress route,
or on a County right-of-way.
(3) Removal from private roads.
(a) The authority for County work forces to
enter upon a private road for utilization
in the disaster-generated debris removal
management plan shall be as provided in
F.S. § 252.36(d), or as may be thereafter
amended, and shall in no way be deemed
to be a trespass.
(b) The removal by County work forces of
disaster-generated debris from private
roads shall be performed only upon the
satisfaction of each of the following condi-
tions:
1. The disaster-generated debris
removal management plan has been
implemented in accordance with this
section;
2. A determination has been made by
the County work forces that such
removal is reasonably necessary to
eliminate immediate threats to life,
public health, and safety or to ensure
economic recovery of the affected
community to the benefit of the
community-at-large; provided,
however, that the highest priority
shall initially be given to respond-
ing to immediate threats to life,
public health, and safety; and
3. Any disaster-generated debris
removed from a private property
has been placed in or adjacent to
the private road in accordance with
the requirements of this section,
unless such requirements have been
waived by the County Manager or
his or her designee.
(c) Removal of hazardous trees or hazardous
limbs. The removal of disaster-generated
debris consisting of either hazardous trees
or hazardous limbs overhanging or
otherwise endangering a private road
shall be deemed to be the responsibility
of the adjacent private property owners,
and the County work forces shall not be
authorized to remove or to otherwise act
upon such disaster-generated debris
unless it is necessary to eliminate an
immediate threat to the safety of County
work forces.
(d) With regard to the implementation of its
disaster-generated debris removal
management plan, and subject to the
restrictions and requirements of F.S.
§ 768.28, the County shall indemnify and
hold the federal government, its agencies
and employees, harmless from any claims
arising from or based upon the exercise
or performance of, or the failure to exercise
or perform, a discretionary function or
duty on the part of any federal agency or
any employee of the federal government
in carrying out the provisions of the
Stafford Act.
(4) Responsibility of private property owners.
(a) The owners of private property, or those
individuals otherwise in possession of
private property, shall be responsible for
assuring that the placement of any
disaster-generated debris in County
§ 38-72 COLLIER COUNTY CODE
CD38:20Supp. No. 121
rights-of-way or on private roads for
removal by County work forces satisfies
each of the following conditions:
1. The disaster-generated debris shall
be neatly stacked, piled, or placed
with its leading edge lying within
the three-foot roadside shoulder area
on either side of the travel lanes of
the road.
2. The disaster-generated debris shall
be separated into stacks or piles of
the following types of debris:
i. Putrescent debris and mixed
common household items.
ii. Vegetative debris.
iii. Construction and demolition
debris.
iv. White goods.
v. Hazardous household waste
and electronic waste including
the segregation of batteries.
3. The disaster-generated debris shall
be placed so that it does not block
the roadway, traffic signs and signals,
or stormwater structures.
4. The disaster-generated debris shall
be placed so that it is not under any
power lines, not on top of any water
meters, or not within three (3) feet
of any power poles, fire hydrants,
vehicles, mailboxes, or fences.
(b) Any damage to personal property by
County work forces resulting from the
placement of disaster-generated debris
in a manner inconsistent with this sec-
tion shall be the responsibility of the
private property owner, or individual
otherwise in possession of private property,
who misplaced such debris.
(c) Any owners of private property, or any
individuals otherwise in possession of
private property, who stack, pile, or
otherwise place anything for removal on
County rights-of-way or on private roads
which is deemed not to be disaster-
generated debris, shall be responsible for
removing such unauthorized debris no
later than twenty-four (24) hours after
notification of such removal requirement
by a member of the County work forces.
Any such owner or other individual who
fails to timely comply with such removal
requirement shall thereafter be
responsible for any costs associated with
the removal of such unauthorized debris
by County work forces.
(d) Commercial livestock and farming opera-
tions shall be responsible for the timely
disposal of animal carcasses in coordina-
tion with the Florida Department of
Agriculture and the Florida Department
of Health in conjunction with FEMA,
other State or Federal guidelines to ensure
safety to public health.
(Ord. No. 2017-38, § 1; Ord. No. 2025-40, § 1.Q)
§ 38-72CIVIL EMERGENCIES
CD38:21Supp. No. 121
Exhibit "A"
Report
Hurricane Damage Report
FOR
All Property Damage/Loss
Complete this form and send to Risk Management. If you need to talk with someone in the Risk
Management department, call 252-8461. For injuries to County employees, also complete a Collier
County Employee Accident Investigation Report.
Date:_______________________________________ Time: _________________________
Department:________________________________ Facility Location:____________________________
Phone #:____________________________________ Contact:____________________________________
Describe damage completely:_______________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
Damage Estimate $
=============================================================================
(If Vehicle)
Year:__________________ Make & Model:________ Plate #:_______________ Asset #:_______________
VIN #:________________________________________________________________________________________
Describe damage:______________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
Damage Estimate $ ___________________________
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Check appropriate responses:
Pictures of Damage(s) sent to Risk Management
Efforts to minimize damage/loss to county property taken
Please attach additional pages if multiple damages/losses have occurred.
(Ord. No. 01-45, § 1; Ord. No. 02-50, § 1; Ord. No. 2025-40, § 1.Q)
Secs. 38-73—38-85. Reserved.
§ 38-72 COLLIER COUNTY CODE
CD38:22Supp. No. 121
ARTICLE IV. AUTOMOTIVE FUEL
ALLOCATION*
Sec. 38-86. Penalty.
A violation of any provision of this article is a
misdemeanor and shall be prosecuted in the
name of the state in the county court by the
prosecuting attorney, and upon conviction shall
be punished by a fine not to exceed $500.00, or by
imprisonment in the county jail not to exceed 60
days, or by both such fine and imprisonment.
Each violation and each day a violation continues
shall constitute a separate offense. The board of
county commissioners shall have the power to
collaterally enforce the provisions of this article
by appropriate judicial writ or proceeding
notwithstanding any prosecution as a
misdemeanor.
(Ord. No. 79-42, § 7)
State law reference—Penalty for ordinance violations,
F.S. § 125.69.
Sec. 38-87. Conflict and severance.
(a) If any section, subsection, sentence, clause,
phrase or portion of this article is for any reason
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 hereof.
(b) In the event this article conflicts with
other applicable law, the more restrictive shall
apply. If any part of this article conflicts with
any part, it shall be severed and the remainder
shall have full force and effect, and be liberally
construed.
(Ord. No. 79-42, § 5)
Sec. 38-88. Liberal construction.
The provisions of this article shall be liberally
construed to effectively carry out its purposes in
the interests of public health, safety, welfare and
convenience of the visitors to and the citizens
and residents of the county and of the state.
(Ord. No. 79-42, § 6)
Sec. 38-89. Area affected.
This article applies to the entire county, includ-
ing incorporated municipalities.
(Ord. No. 79-42, § 8)
State law reference—Conflicts between ordinances of
noncharted counties and municipal ordinances, Fla. Const.
art. VIII, § (f).
Sec. 38-90. Function, authority of fuel
allocation officer.
The county fuel allocation officer is authorized
to perform the following functions and exercise
the following authority within the county:
(1) Identify and coordinate with wholesale
dealers and retail outlets that supply
motor fuel within the county for automo-
tive vehicles licensed to operate upon
state and county roads.
(2) Obtain the necessary information to
determine the status of automotive fuel
supply within and to the county by relat-
ing past and present rate of supply,
supply levels, rate of consumption and
demand. Such information may include
availability of fuel to the motoring public,
and national, state and local automotive
fuel supply conditions.
(Ord. No. 79-42, § 1)
Sec. 38-91. Authority to declare automo-
tive fuel emergency; automo-
tive fuel defined.
(a) The board of county commissioners is
hereby authorized from time to time in regular
or special public meeting to determine by resolu-
tion and declare that an automotive fuel
emergency exists.
(b) The term "automotive fuel" shall mean
gasoline or diesel fuel suitable for the operation
of passenger cars and trucks of three-fourths ton
capacity or less.
(Ord. No. 79-42, § 2)
*Cross references—Businesses, ch. 26; natural resources,
ch. 90.
§ 38-91CIVIL EMERGENCIES
CD38:23Supp. No. 121
Sec. 38-92. Regulations applicable during
emergency.
Upon adoption of a resolution declaring that
an automotive fuel emergency exists, the follow-
ing regulations shall apply:
(1) Entitlement by license tag characters. It
shall be unlawful for any automobile
service or fuel station, dealer, supplier or
retailer to deliver, and for any person to
permit or cause to be delivered or accept,
motor fuel to or for any automotive vehicle
licensed to travel upon state or county
roads, except as follows: Each passenger
car and truck of three-fourths ton or
lesser capacity shall have automotive
fuel delivered in accordance with the
following schedule:
a. License tag ending in an odd number
shall be entitled to purchase automo-
tive fuel on odd-numbered days of
the month.
b. License tag ending in even number
shall be entitled to purchase automo-
tive fuel on even-numbered days of
the month.
c. License tags ending in A through M
shall be entitled to purchase automo-
tive fuel on even-numbered days of
the month.
d. License tag ending in letters N
through Z shall be entitled to
purchase automotive fuel on odd-
numbered days of the month.
e. Any vehicle shall be entitled to
purchase automotive fuel on the
31st day of any month with 31 days.
(2) Unlawful blocking of accessways. During
such automotive fuel emergency, it shall
be unlawful for any person to cause a
vehicle under or subject to his control to
be parked, stopped, or to block an automo-
tive fuel service area or entrance to such
area after being refused service or being
requested to remove the vehicle from
such area.
(3) Exceptions.
a. Vehicles with out-of-state tags shall
be entitled to purchase automotive
fuel on the same basis as those with
state tags, except that where it is
determined that a customer is a
bona fide through-traveler he may
be entitled to purchase automotive
fuel on any day.
b. A bona fide commercial vehicle shall
be entitled to purchase automotive
fuel on any day of the month upon
presentation of the operator's chauf-
feur's license.
c. An unlicensed agricultural vehicle
shall be entitled to purchase automo-
tive fuel on any day of the month.
d. Any bona fide emergency vehicle
shall be entitled to purchase automo-
tive fuel at any time and shall be
afforded immediate service at the
head of any standing line.
(4) Unlawful transfers. During such
emergency, it shall be unlawful for any
person to cause or permit automotive
fuel to be transferred from any com-
mercial, emergency or agricultural vehicle,
or from any auxiliary storage tank, barrel
or can to any passenger car or three-
fourths ton or lesser rated capacity truck,
except in a bona fide emergency involv-
ing life, safety or personal emergency.
(5) Hardship application for additional
allocation of automotive fuel. Any person
in need of additional supply of automo-
tive fuel shall deliver a written applica-
tion to the county fuel allocation officer
signed by his employer detailing his name
and address; vehicle make, model, year,
tag number and color; reason for and
amount of the additional need;
circumstances and reason he is unable to
provide for the need by alternative
methods. The "officer " is hereby
authorized to grant an additional alloca-
tion by issue of a dated certified "special
automotive fuel allocation certificate."
§ 38-92 COLLIER COUNTY CODE
CD38:24Supp. No. 121
(6) Posting of flags required. Retail automo-
tive fuel outlets shall post a red flag
when automotive fuel supply is exhausted,
a yellow flag when supply is available
only to emergency and priority vehicles
and a green flag when available to the
general public. A red flag shall be posted
to the rear of the last automobile in a line
for which an automotive fuel supply is
estimated to be available.
(7) Fuel purchase requirements. Automotive
fuel sales will be made only to vehicles
with fuel tanks half or more empty. Sta-
tion owners and operators will be
responsible for enforcing the provisions
of this measure. Each station will be
required to post a one-foot by 11/2-foot
sign on either end of each pump island to
advise motorists of this measure.
(Ord. No. 79-42, § 3; Ord. No. 80-13, § 1)
Sec. 38-93. Appeals.
(a) Any person aggrieved by this article, or
any decision of any administrative officer or
agency in the application of this article, other
than the board of county commissioners, shall
file a written request to the board of county
commissioners not later than 30 days from the
date whereon the disputed decision shall have
become final, which shall, at a public hearing,
hear the complaints of such aggrieved person.
Said public hearing shall be held within 30 days
of the date of filing of the hearing request. After
a full and complete hearing of the complaints of
such aggrieved person, the board of county com-
missioners shall, within 15 days of said hearing,
render its decision in writing affirming, overrul-
ing, or modifying the decision of the administrat-
ing official, agency, or body, or granting a variance
from the provisions hereof based upon unneces-
sary hardship in the public interest.
(b) Where any person shall be aggrieved by a
decision of the board of county commissioners,
said aggrieved person may within 15 days from
the date of the disputed decision by the board of
county commissioners request a rehearing by
said board. Said board of county commissioners
may in its discretion grant or deny said request
for re-hearing, which decision shall be final.
(Ord. No. 79-42, § 4)
§ 38-93CIVIL EMERGENCIES
CD38:25Supp. No. 121