Chapter 94 - Offenses and Miscellaneous Provisions Chapter 94
OFFENSES AND MISCELLANEOUS PROVISIONS*
Article I. In General
Sec. 94-1. Camping near Gulf of Mexico.
Secs. 94-2-94-25. Reserved.
Article II. Offenses Involving Public Peace and Order
Sec. 94-26. Loitering,prowling.
Sec. 94-27. Consumption of alcoholic beverages, drugs by minors at open
house parties.
Sec. 94-28. Riding toy vehicles on shopping center sidewalks.
Secs. 94-29-94-50. Reserved.
Article III. Offenses Involving Public Safety
Division 1. Generally
Secs. 94-51-94-60. Reserved.
Division 2. Firearms
Secs. 94-61-94-70. Reserved.
Division 3. Offender Registration Fees
Sec. 94-71. [Title.]
Sec. 94-72. Findings and intent.
Sec. 94-73. Applicability.
Sec. 94-74. Definitions.
Sec. 94-75. Collection of registration fees from convicted felons, career
offenders,sexual offenders and sexual predators,failure to pay
registration fees,disposition of collected fees,penalties.
Sec. 94-76. Conflict and severability.
Secs. 94-77-94-79. Reserved.
Division 4. Anti-Harassment Ordinance
Sec. 94-80. Harassment of a bicyclist, pedestrian, runner or person in a
wheelchair using the public right-of-way.
Secs. 94-81-94-85. Reserved.
Article W. Offenses Involving Public Morals
Division 1. Generally
Sec. 94-86. Sale of tobacco,paraphernalia to minors.
Secs. 94-87-94-95. Reserved.
*Cross reference—Combat auto theft program,§78-1.
State law reference—Authority to act in the common interest of the people of the county and exercise all powers and
privileges not specifically prohibited(all in a manner not inconsistent with law),F.S. § 125.01(1)(w).
Supp. No. 76 CD94:1
COLLIER COUNTY CODE
Division 2. Drug Paraphernalia
Sec. 94-96. Definitions.
Sec. 94-97. Sale of paraphernalia prohibited;presumption of violation.
Sec. 94-98. Sale of printed matter to minors prohibited; presumption of
violation.
Sec. 94-99. Advertisement prohibited.
Sec. 94-100. Violation.
Secs. 94-101-94-115. Reserved.
Division 3. Illicit Synthetic Drugs
Sec. 94-116. Authority.
Sec. 94-117. Legislative findings of fact.
Sec. 94-118. Title and citation.
Sec. 94-119. Definitions.
Sec. 94-120. Possession, provision, sale or distribution of synthetic drugs
prohibited.
Sec. 94-121. Sale of certain products for human consumption prohibited.
Sec. 94-122. Enforcement.
Sec. 94-123. Violations and penalties.
Secs. 94-124-94-150. Reserved.
Article V. False Reporting of Violations of County and State Laws
Sec. 94-151. Purpose.
Sec. 94-152. Authority.
Sec. 94-153. Definitions.
Lorol Sec. 94-154. Notice of code violations and appeals.
Sec. 94-155. Penalties.
Secs. 94-156-94-180. Reserved.
Article VI. Offenses Involving Private Property
Division 1. Harvesting Palmetto Berries
Sec. 94-181. Definitions.
Sec. 94-182. Proof of permission to harvest required.
Sec. 94-183. Violation;penalty.
Sec. 94-184. Affirmative defense.
Secs. 94-185-94-210. Reserved.
Supp. No. 76 CD94:2
OFFENSES AND MISCELLANEOUS PROVISIONS §94-26
ARTICLE I. IN GENERAL Secs. 94-2-94-25. Reserved.
Sec. 94-1. Camping near Gulf of Mexico.
ARTICLE II. OFFENSES INVOLVING
(a) Camping defined. For the purpose of this PUBLIC PEACE AND ORDER*
section, "camping" is defined as:
(1) Sleeping or otherwise being in a tempo- Sec. 94-26. Loitering, prowling.
rary shelter out-of-doors; or
(a) Prohibited.
(2) Sleeping out-of-doors; or
(1) It shall be unlawful for any person to
(3) Cooking over an open flame or fire out-of- loiter or prowl or loaf on the premises of
doors. any school within the county without per-
(b) Camping prohibited, exceptions. mission of the school authorities.
(1) Camping is prohibited on all public prop- (2) It shall be unlawful for any person to
erty within the unincorporated area of loiter or prowl in a public or semipublic
Collier County, except as may be specifi- area, at a time or in a manner not usual
cally authorized by the appropriate gov- for law-abiding individuals,under circum-
ernmental authority. stances that warrant a justifiable and
reasonable alarm or immediate concern
(2) Camping is prohibited on all property for the safety of persons or property in the
within the unincorporated area of Collier vicinity.
County used for residential purposes;how-
ever, that camping is permitted on such a. Among the circumstances which may
property with the permission and consent be considered in determining whether
of the property owner. such alarm or immediate concern is
warranted is the fact that the person
(c) Providing for transport to shelter if beds are takes flight upon appearance of a
available. Whenever a law enforcement officer law enforcement officer, refuses to
has probable cause to believe that a violation of identify himself, or manifestly en-
this section has occurred, he or she shall advise deavors to conceal himself or any
the person of the violation and afford the person object.Unless flight by the person or
an opportunity to relocate to a publically avail- other circumstances makes it imprac-
able shelter. If the person elects to be transported ticable, a law enforcement officer
to the public shelter the law enforcement officer shall, prior to any arrest for an of-
shall make available such transportation to a fense under this section, afford the
public shelter for such purpose and the person person an opportunity to dispel any
making such election shall not be charged with a alarm or immediate concern which
violation of this section. If a bed is available and would otherwise be warranted by
the person refuses to relocate to the public shel- requesting him to identify himself
ter, then such person may be charged with a and explain his presence and con-
violation of this section. If a bed is not available, duct.
then this section shall not be enforced.
b. No person shall be convicted of an
(d) Penalties. Violations of this section shall be offense under this section if the law
punishable by a fine not to exceed $500.00 or by enforcement officer did not comply
imprisonment in the county jail as provided for in with this procedure or if it appears
F.S. § 125.69. at trial that the explanation given by
(Ord. No. 74-7, § 1; Ord. No. 2008-65, §§ 1-4) the person is true and if believed by
Cross references—Park use,§98-56 et seq.;camping at
night on W. J.Janes Memorial Scenic Drive, § 110-2; public *Cross references—Public possession or consumption of
beach access,§ 146-61 et seq. alcoholic beverages,§6-3;noise,§54-81 et seq.
Supp.No. 25 CD94:3
§94-26 COLLIER COUNTY CODE
the officer at the time would have Sec. 94-27. Consumption of alcoholic bever-
dispelled the alarm or immediate ages, drugs by minors at open
concern. house parties.
(a) Definitions. The following words,terms and
(3) It shall be unlawful for any person, after phrases,when used in this section,shall have the
first being warned by a law enforcement meanings ascribed to them in this subsection,
officer, or where a no loitering sign or except where the context clearly indicates a dif-
signs have been posted,to loiter,stand,sit ferent meaning:
or lie in or upon any public or semipublic (1) Adult means a person not legally prohib-
sidewalk, street, curb, crosswalk, walk- ited by reason of age from possessing
way area, mall, parking lot, or that por- alcoholic beverages pursuant to F.S. ch.
tion of private property utilized or public 562, as the same may be amended from
use, so as to hinder or obstruct unreason- time to time.
ably the free passage of pedestrians or (2) Alcoholic beverage means any beverage
vehicles thereon; nor shall any person containing more than one percent of alco-
block or obstruct, or prevent the free ac- hol by weight. The percentage of alcohol
cess to the entrance to any building or by weight shall be determined in accor-
parking facilities open to the public. dance with the provisions of F.S.
§561.01(4)(b),as the same maybe amended
(b) Definitions. The following words,terms and from time to time.
phrases,when used in this section, shall have the (3) Drug means controlled substance as that
meanings ascribed to them in this subsection, term is defined in F.S. §§ 893.02(3) and
except where the context clearly indicates a dif 893.03, as the same may be amended
ferent meaning: from time to time.
(4) Minor means a person not legally permit-
(1) Loiter means lingering by,or moving slowly ted by reason of age to possess alcoholic
about in, a public or semipublic area. beverages pursuant to F.S. ch. 562, as the
same may be amended from time to time.
(2) Prowl means roaming in a public or (5) Residence means a home,apartment,con-
semipublic area with the apparent intent
dominium or other dwelling unit.
of committing an unlawful act. (6) Open house party means a social gather-
ing at a residence.
(3) Public or semipublic area means any area (b) Open house party restricted. No adult hav-
generally visible to public view and in- ing control of any residence shall allow an open
cludes streets, sidewalks, bridges, alleys, house party to take place at said residence if any
plazas, parks, driveways, parking lots, alcoholic beverage or drug is possessed or con
automobiles(whether moving or not),and sumed at said residence by any minor where the
buildings open to the general public, in- adult knew or reasonably should have known that
cluding those which serve food or drink, an
or provide entertainment, and the door-
ways and entrances to buildings of dwell-
ings and the grounds enclosing them.
(Ord. No. 88-46, §§ 1, 2)
State law references—Trespass on school property,F.S.
§228.091;loitering or prowling,F.S.§856.021.
Supp. No. 25 CD94:4
OFFENSES AND MISCELLANEOUS PROVISIONS §94-72
alcoholic beverage or drug was in the possession (d) The provisions of this section may be en-
of or being consumed by a minor at said residence. forced by members of any duly authorized law
enforcement agency or other officers having sub-
(c) Exception. The provisions of this section ject matter jurisdiction in the county.
shall not apply to legally protected religious ob- (Ord. No. 92-69, §§ I, III)
servances or activities.
(d) Penalties. The penalties for violation of this Secs. 94-29-94-50. Reserved.
section are as follows:
(1) For the first violation, a fine not exceed- ARTICLE III. OFFENSES INVOLVING
ing$500.00. PUBLIC SAFETY*
(2) For subsequent violations, a fine not ex-
ceeding $500.00, or imprisonment in the DIVISION 1. GENERALLY
county jail for a term not to exceed 60
days, or by both such fine and imprison- Secs. 94-51-94-60. Reserved.
ment.
(Ord. No. 85-41, §§ 1-4)
Cross reference—Alcoholic beverages,ch.6. DIVISION 2. FIREARMSt
State law references—Penalty for ordinance violations,
F.S. § 125.69;open house parties, F.S. §856.015. Secs. 94-61-94-70. Reserved.
Sec. 94-28. Riding toy vehicles on shopping
center sidewalks. DIVISION 3. OFFENDER REGISTRATION
, FEES
ftwe
(a) No person shall operate a cycle, skate-
board, roller skate, in-line skate, coaster, toy Sec. 94-71. [Title.]
vehicle, or similar conveyance upon, on, or across
any sidewalk in front of or immediately adjacent This division shall be known as the Offender
to any door for ingress or egress of members of the Registration Fee Ordinance.
public to any retail business or service establish- (Ord. No. 08-19, § 1)
ment within any shopping center in the unincor-
porated county. Sec. 94-72. Findings and intent.
(b) Where a sign is placed by any landowner or (a) Each individual designated by the State of
landowner's agent, by being painted on or affixed Florida,or by any other statute of any other state
over or near any storefront sidewalk within any of the United States,or by the Government of the
shopping center, the text of which sign prohibits United States, or any agency thereof as a "con-
operation of a cycle, skateboard, roller skate, victed felon", "career offender", "sexual offender"
inline skate, coaster, toy vehicle, and/or similar or "sexual predator", and who is required by any
conveyance thereon, no person shall disobey any such law to register in the State of Florida, as a
such sign. "convicted felon", "career offender", "sexual of-
(c) For the purposes of this section, the term *Cross reference—Declaration of state of emergency,
"shopping center" is defined as a group of unified §38 t seq.
tE6 ditor's note—Ord.No.2011-31,§§ 1-5,adopted Sept.
commercial establishments built on a site which 27,2011,repealed div.2§§94-61-94-65,which pertained to
is planned, developed, owned or managed as an discharge of firearms in various areas and derived from:Ord.
operating unit consisting of eight or more retail No. 70-10, § 2; Ord. No. 76-61, §§ 1-4; Ord. No. 77-43, § 1;
business or service establishments containing a Ord. No. 78-25,§ 1;Ord. No. 79-102, §§ 1-3;Ord. No. 80-6,
cumulative total of at least 20,000 square feet of §1;Ord.No.80-12,§§2-4;Ord.No.80-24,§§2-5;and Ord.
q No.82-77,§§ 1-4.
floor area. A marina, hotel, or motel, with acces- State law reference—Local regulation of firearms, F.S.
sory retail shops, is not a shopping center. §790.35.
Supp. No.41 CD94:5
4-72 COLLIER COUNTY CODE
i./
fender" or "sexual predator" represents an in- Initial registration means the first registra-
creased risk of harm to the citizens of Collier tion, which is outlined and described within F.S.
County. §§775.13,775.261,775.21,943.0435 and 944.607;
whereby an individual is required to register with
(b) Protecting the citizens of Collier County the Collier County Sheriff upon release from
from harm is enhanced by recognizing the risks incarceration or upon their arrival in Collier
that said individuals represent while residing in County as a temporary or permanent resident.
Collier County and providing the necessary re- This constitutes a maximum one-time fee, per
sources to ensure the proper monitoring, track- annum.
ing, registering and management of their pres-
ence. For each career offender, convicted felon, sex-
ual offender and sexual predator that is cur-
(c) It is the intention of this division to be rently registered, the initial registration fee
regulatory in nature and nonpunitive, relating to shall apply during their first initial registra-
the purpose of promoting, protecting and improv- tion or re-registration,following passage of this
ing the health, safety and welfare of all the division.
citizens of Collier County and to protect the
children of Collier County and other potential Registered sexual offender or registered sexual
victim(s) from potential victimization by regis-
tered convicted felons, career offenders, sexual register with the sheriff as a "sexual offender" or
offenders and sexual predators. "sexual predator", as prescribed under F.S.
(Ord. No. 08-19, § 2) §§ 775.21, 943.0435 and 944.607, (also known as
the Florida Sexual Predator Act).
-1c. 94-73. Applicability. Re-registration means any subsequent registra-
lh tion process with the sheriff, which updates and
'w This division shall apply to incorporated as otherwise validates an individual's information
well as unincorporated areas of Collier County. based on requirements of F.S. §§775.21,943.0435
(Ord. No. 08-19, § 3) and 944.607. Re-registration consists of biannual
and quarterly re-registrations based on certain
Sec. 94-74. Definitions. offense criterion outlined within Florida's Sexual
Offender and Sexual Predator Statutes.This con-
The following words,terms and phrases, when stitutes a recurring fee.
used in this division, shall have the meanings (Ord. No. 08-19, § 4)
ascribed to them in this section, except where the
context clearly indicates a different meaning: Sec. 94-75. Collection of registration fees
Address change means any subsequent regis from convicted felons, career of-
tration process whereby the individual reports to fenders,sexual offenders and sex-
the sheriff a change, modification or addition in ual predators,failure to pay reg-
either a temporary or permanent address(exclud-
ing changes made during required quarterly/ collected fees, penalties.
biannual re-registrations), whereby the individu- (a) Collection of fees. Any individual who is
al's change of address requires personal verification. required to register, re-register or report changes
This constitutes a recurring fee. of either a temporary or permanent address, or
Career offender means an individual who is modify statutorily required information to the
required to register with the sheriff as a career sheriff, as a convicted felon, career offender, sex-
offender as prescribed under F.S. § 775.261. ual offender or sexual predator shall pay to the
Collier County Sheriffs Office the following fees
Convicted felon means an individual who is for such services:
required to register with the sheriff as a convicted
',ion as prescribed under F.S. § 775.13. Initial registration The sum of$75.00.
iuPP.No.41 CD94:6
OFFENSES AND MISCELLANEOUS PROVISIONS §94-80
Re-registration The sum of$25.00. of address is the result of their incarcera-
Address/information The sum of$10.00. tion. An incarcerated individual's initial
change registration and re-registration fees(quar-
(1) Said payment shall be paid at the time of terly or biannual) still apply and shall be
registration and shall be paid in exact collected.
change/cash or certified funds, no per- (c) Disposition of collected registration fees. Fees
sonal checks. Said fees are nonrefundable collected pursuant to this division shall be depos-
and nontransferable to or from other coun- ited by the sheriffs office into the sheriffs general
ties or jurisdictions with similar registra operating account to offset increased expenses
tion fee structures. associated with tracking, monitoring and manag-
ing the aforesaid offenders in Collier County.
(2) All registration fees paid by a convicted All funds from the collected registration fees
felon, career offender, sexual offender or shall be earmarked for exclusive distribution
sexual predator shall be recorded and a toward the administration and operation costs
copy of the receipt provided thereof. associated with tracking,monitoring,and man-
(b) Exemptions and failure to pay registration aging sex offenders and sexual predators and
fees. The sheriff shall not refuse to register, re- toward programs and training in protecting
register or modify an address or required infor children from harm by sexual offenders and
mation of a person, who does not pay the fee, at sexual predators.
the time of registering as required by this divi- (d) Penalties. A person who fails to pay all
sion. applicable registration fees in accordance with
this division, or who violates any part of this
(1) The sheriff shall immediately invoice all section, shall be punished by a fine not exceeding
unpaid fees and provide a copy to the $500.00, or by imprisonment for a term not ex-
1 convicted felon, career offender, sexual ceeding 60 days in the county jail,or by both such
�/ offender or sexual predator for payment. fine and imprisonment in accordance with F.S.
All invoiced fees shall be paid within 30 §§ 125.01(t) and 125.69(1).
days of invoicing. (Ord. No. 08-19, § 5)
(2) Any portion of invoiced fees which remain Sec. 94-76. Conflict and severability.
unpaid after 30 days may result in civil In the event this division conflicts with any
enforcement in accordance with F.S. other ordinance of Collier County or other appli-
§§ 125.01(t) and 125.69(1). cable law, the more restrictive shall apply. If any
(3) The sheriff shall report unpaid fees in phrase or portion of this division is held invalid or
accordance with standard accounting prac- unconstitutional by any court of competent juris-
tices and the county may seek to recover diction, such portion shall be deemed a separate,
said fees in a civil action in the same distinct,and independent provision and such hold-
manner as other money due the county. ing shall not affect the validity of the remaining
portion.
(4) The sheriff shall not require the payment (Ord. No. 08-19, § 6)
of any fee from an unemancipated minor,
juvenile sexual offender or juvenile sexual Secs. 94-77-94-79. Reserved.
predator,who is less than 18 years of age,
until said individual reaches 18 years of DIVISION 4. ANTI-HARASSMENT
age, at which time the applicable fees ORDINANCE
shall apply anew. Registrations with the Sec. 94-80. Harassment of a bicyclist,pedes-
sheriff upon reaching age of majority or trian, runner or person in a
emancipation shall constitute an initial wheelchair using the public right-
registration. of-way.
(5) The sheriff shall not require the payment (a) Title. This ordinance shall be known as the
of any fee from an individual whose change Collier County Anti-Harassment Ordinance.
Supp.No.57 CD94:7
94-80 COLLIER COUNTY CODE
(b) A person commits the offense of harass- ARTICLE IV. OFFENSES INVOLVING
ment of a bicyclist, pedestrian, runner or person PUBLIC MORALS*
in a wheelchair using the public right-of-way if
the person: DIVISION 1. GENERALLY
(1) Knowingly throws an object at or in the
Sec. 94-86. Sale of tobacco, paraphernalia
direction of any person riding a bicycle,
walking, running or operating a wheel- to minors.
chair for the purpose of frightening, dis- (a) Definitions.The following words,terms and
turbing or injuring that person; or phrases,when used in this section, shall have the
meanings ascribed to them in this subsection,
(2) Threatens any person riding a bicycle, except where the context clearly indicates a dif-
walking, running or operating a wheel- ferent meaning:
chair for the purpose of frightening or
disturbing that person; or (1) Minors means and includes any natural
person who has not attained the age of 18
(3) Sounds a horn, shouts or otherwise di- years.
rects sound toward any person riding a (2) Person means and includes individuals,
bicycle, walking, running or operating a firms, associations, joint ventures, part-
wheelchair for the purpose of frightening nerships, estates, trusts, business trusts,
or disturbing that person; or syndicates, fiduciaries, corporations, and
(4) Knowingly places any person riding a all other groups or combinations.
bicycle, walking, running or operating a (b) Prohibitions. No person shall sell, barter,
wheelchair in apprehension of immediate furnish, or give away to any minor any cigarette,
14./ physical injury; or cigar,tobacco,tobacco product,cigarette wrapper,
pipe or other smoking paraphernalia or any sub-
(5) Knowingly engages in conduct that cre- stitute for the foregoing.
ates a risk of death or serious physical (Ord. No. 79-7, §§ 1, 2)
injury to any person riding a bicycle, State law reference—Sales of tobacco to minors, F.S.
walking, running or operating a wheel- §859.06.
chair.
Secs. 94-87-94-95. Reserved.
(c) Penalties. Violation of this ordinance shall
be punishable by a fine not to exceed $500.00
and/or by imprisonment in the County jail up to DIVISION 2. DRUG PARAPHERNALIAt
60 days.
Sec. 94-96. Definitions.
(d) Conflict and Severability. In the event this The following words,terms and phrases,when
Ordinance conflicts with any other Ordinance of used in this division, shall have the meanings
Collier County or other applicable law, the more ascribed to them in this section,except where the
restrictive shall apply. If any phrase or portion of context clearly indicates a different meaning:
the Ordinance is held invalid or unconstitutional
by any court of competent jurisdiction, such por- Advertise means an offer to make available by
tion shall be deemed a separate, distinct and any means whatsoever, and includes any openly
independent provision and such holding shall not displayed offer to sell, as well as any offer to sell
affect the validity of the remaining portion.
(Ord. No. 2015-02, §§ 1-3, 5) *Cross references—Nudity at establishments selling al-
coholic beverages,§6-2;escort service businesses,§26-26 et
seq.;sexually oriented businesses,§26-151 et seq.
tState law reference—Drug paraphernalia,F.S.§893.145
Secs. 94-81-94-85. Reserved. et seq.
Supp.No.57 CD94:8
OFFENSES AND MISCELLANEOUS PROVISIONS §94-99
contained within any book, magazine, pamphlet, Sale means to lend, give away, deliver, distrib-
periodical, card or flyer, kept for the purpose of ute, exchange or transmit, with or without con-
sale to the public. sideration.
(Ord. No. 79-37, § 1; Ord. No. 79-38, § 1; Ord. No.
Controlled substance means any substance 79-39, § 1)
named or described in F.S. § 893.03(1)—(5). Cross reference—Definitions generally,§ 1-2.
Minor means any person under the age of 18 Sec. 94-97. Sale of paraphernalia prohib-
years. ited; presumption of violation.
Narcotic-related paraphernalia means any ma- (a) It is unlawful for any person to sell,possess
chine, instrument, tool, equipment, contrivance with intent to sell, or offer for sale any narcotic-
or device used or intended by the buyer or seller to related paraphernalia.
be used for one or more of the following purposes: (b) The knowing possession by any person of
(1) To introduce into the human body any ten or more identical or similar items of narcotic-
controlled substance or substances under related paraphernalia shall be prima facie evi-
circumstances in violation of the laws of dence of a violation of this division.
the state. (Ord. No. 79-37, §§ 2, 3)
(2) To enhance the effect on the human body Sec. 94-98. Sale of printed matter to minors
of any controlled substance or substances prohibited; presumption of vio-
under circumstances in violation of the lation.
laws of the state.
(a) It is unlawful for any person to sell or offer
(3) To conceal any quantity of any controlled for sale any narcotic-related printed matter to
substance or substances under circum- any minor.
stances in violation of the laws of the (b) The knowing possession by any person of
state. ten or more identical or similar copies of any
(4) To test the strength, effectiveness, purity, narcotic related printed matter shall be prima
or weight of any controlled substance or facie evidence of a violation of this division.
substances under circumstances in viola (Ord. No. 79-38, §§ 2, 3)
tion of the laws of the state.
Sec. 94-99. Advertisement prohibited.
Narcotic-related printed matter means any book, (a) It shall be unlawful for any person to
magazine,pamphlet,periodical,card or flyer which advertise a narcotic-related paraphernalia.
is intended by the seller to disseminate informa-
tion for one or more of the following purposes: (b) It shall not be a defense to a charge under
this section that said advertisement or offer con-
(1) To advocate or recommend the use or tains within it a statement to the effect that the
possession of a controlled substance or advertisement or offer is void where prohibited by
substances when such use or possession is
in violation of the laws of the state.
(2) To advertise, describe, explain, depict or
display any method by which a controlled
substance or substances may be obtained,
produced or used when such method could
reasonably be expected to lead to the use
or possession of such controlled substance
or substances in violation of the laws of
the state.
[The next page is CD94:13]
Supp.No.57 CD94:9
OFFENSES AND MISCELLANEOUS PROVISIONS §94-119
law,if the offerer or seller does,in fact,make good Sec. 94-119. Definitions.
on said offer to sell or make available any narcotic-
related paraphernalia described above. For purposes of this division, the following
(Ord. No. 79-39, §§ 2, 3) definitions shall apply unless the context clearly
indicates or requires a different meaning:
Sec. 94-100. Violation. "Spice I synthetic cannabinoids I synthetic mari-
juana"shall mean any aromatic plant material in
Any person who violates this division or any granular,loose leaf or powder form,or in liquid or
provision thereof, or fails to comply therewith or as a food additive, or any herbal-incense-type
with any requirements thereof, or does anything stimulant or hallucinogen product,when the label
prohibited herein,or does any act declared unlaw- is in any way false or misleading, or which does
ful by this division or any provision thereof, shall not contain a label specifying: (1) the identity of
upon conviction be punished as provided by law the commodity; and (2) the name and place of
for the violation of County ordinances. business of the manufacturer, packer, or distrib-
(Ord. No. 79-37, §4; Ord. No. 79-38, §4; Ord. No. utor. Street names for these products include,but
79-39, § 4) are not limited to: Bliss, Black Mamba, Bombay
State law reference—Penalty for ordinance violations, Blue, Fake Weed, Genie, Spice, Zohai, K2, K3,
F.S.§ 125.69.
Smoke,Pot-Pourri,Buzz,Spice 99,Voodoo,Pulse,
Hush,Mystery,Earthquake,Stinger, Ocean Blue,
Secs. 94-101-94-115. Reserved. Serenity, Chronic Spice, Spice Gold, Spice Silver,
Skunk,Mr.Nice Guy,Mr.Happy,K3 Legal,Sence,
Smoke,Chill X,Earth Impact,Galaxy Gold,Space
DIVISION 3. ILLICIT SYNTHETIC DRUGS Truckin, Solar Flare, Moon Rocks,Aroma, Scope,
Sky High,Atomic,G-20,Guerrilla Warfare,Makes
Sec. 94-116. Authority. Scents, g-13, Tiger Shark, California Dreams,
Dank, Bullet, Mind Trip, Voodoo Child, Jazz,
This Ordinance is enacted pursuant to F.S. ch. Nightlights,Matrix,Hypnotip,AK47,Maui Wowie,
125, (2011), and under the home rule powers of Cloud 9, Daylights, Joker, Dead Man Walking,
Collier County, and in accordance with the pro- Brain Storm, Soul Sence, Kush, Kush Mania,
scriptions on local regulation imposed by the Fair Dragons Fire, Lucid, Mad Hatter, Scooby Snax,
Packaging and Labeling Act, 15 U.S.0 § 1461. D-ZL, OMG, Demon, Barely In, Pineapple Ex-
(Ord. No. 2013-02, § 1) press, Hayze.
"Bath Salts/synthetic cathinones I synthetic stim-
Sec. 94-117. Legislative findings of fact. ulants" shall mean any crystalline or powder
product in crystalline,loose-powder,block,tablet,
The foregoing WHEREAS clauses (of Ord. No. or capsule form, or any stimulant-type product,
2013-02) are hereby adopted as legislative find- when the label is in any way false or misleading,
ings of the Board of County Commissioners and or which does not contain a label specifying: (1)
are ratified and confirmed as being true and the identity of the commodity; and (2) the name
correct and are hereby made a specific part of this and place of business of the manufacturer,packer,
Ordinance upon adoption hereof. or distributor. Street names for these products
(Ord. No. 2013-02, § 2) include, but are not limited to: Bliss, Blue Silk,
Cloud Nine, Drone, Energy-I, Ivory Wave, Lunar
Sec. 94-118. Title and citation. Wave, Meow Meow, Ocean Burst, Pure Ivory,
Purple Wave,Red Dove, Snow Leopard,Stardust,
This Ordinance shall be known and may be Vanilla Sky, White Dove, White Knight, White
cited as the"Collier County Illicit Synthetic Drugs Lightening, Blizzard, Bonzai Grow, Charge Plus,
Ordinance." Charlie,Euphoria,Hurricane,Lunar Wave,Ocean,
(Ord. No. 2013-02, § 3) Pixie Dust, Posh, Scarface, Lovely Dovey, Aura,
Supp.No.48 CD94:13
94-119 COLLIER COUNTY CODE
MDPV, MDPK,MTV,Maddie, Hurricane Charlie, cost of the product is disproportionately
Black Rob, Super Coke, PV, Peeve, Meph, Drone, higher than other products marketed for
MCAT. the same use; the product contains a
"Drug"shall mean an article that is intended to warning label stating or suggesting that
affect the function of the body of humans. the product is in compliance with state
laws regulating controlled substances;the
"Misbranded drug"means a drug that violates product's name or packaging uses images
F.S. § 499.007, including but not limited to drugs or slang referencing an illicit street drug;
for which: (1) the label is in any way false or illicit or underground methods of sale or
misleading; (2) the label does not bear the name delivery are employed by the seller or
and place of business of the manufacturer, provider; the product resembles an illicit
repackager, or distributor of the finished form of street drug such as cocaine,methamphet-
the drug; (3) the label does not bear adequate amine, or marijuana.
directions for use; or (4) the label does not bear
adequate warnings against use. (2) Exemptions. The provisions of this section
"Illicit synthetic drugs" shall include spice, do not apply to any product that is specif
synthetic cannabinoids,synthetic marijuana,bath ically excepted by, or regulated within,
salts, synthetic cathinones, synthetic stimulants, the Florida Comprehensive Drug Abuse
or misbranded drugs. Prevention and Control Act (F.S. ch. 893)
(Ord. No. 2013-02, § 4) or the Federal Controlled Substances Act
(21 USC - 81 et seq.); is a food product,
Sec. 94-120. Possession, provision, sale or drug, dietary supplement, cosmetic, or
distribution of synthetic drugs other substance regulated by the Food
prohibited. and Drug Administration (FDA) and in
compliance with that agency's require-
It is unlawful for any person to possess, pro- ments; is regulated by and in compliance
vide, sell or distribute,within the incorporated or with the labeling requirements of the Fed-
unincorporated area of Collier County, any illicit eral Trade Commission; is regulated by
synthetic drug as defined in this Ordinance. and in compliance with the Federal Fair
(1) Factors That May Be Disregarded and/or Packaging and Labeling Act; is regulated
Considered in Determining Violation. In by and in compliance with the Federal
determining whether a product or sale is Food, Drug, and Cosmetic Act; is regu-
prohibited by this Ordinance, statements lated by and in compliance with the reg-
on package labeling such as "not for hu- ulations of the Florida Department of
man consumption" may be disregarded Agriculture and Consumer Services; or is
when other relevant factors(viewed alone a tobacco product regulated by and in
or in totality)indicate that the product is compliance with the regulations govern-
intended to be consumed or ingested by ing the tobacco industry enforced by the
humans, or is a product regulated by this Florida Department of Business and Pro-
Ordinance. Other relevant factors that fessional Regulation,Division of Alcoholic
may be used to determine whether a prod- Beverages and Tobacco. For the purposes
uct or sale is prohibited by this Ordinance of this section, products that are not sub-
include, but are not limited to, verbal or ject to regulation by the act or agencies
written representations at the point of listed above are not exempt unless the
sale regarding the purpose, methods, use, product is specifically exempt from regu-
or effect of the product; aspects of the lation;mere"non-regulation"by these acts
packaging or labeling suggest the user without a specific regulatory exemption
will achieve a "high," euphoria, relax- will not render a product exempt under
ation, mood enhancement, or that the this section.
product has other effects on the body; the (Ord. No. 2013-02, § 5)
Laupp.No.48 CD94:14
OFFENSES AND MISCELLANEOUS PROVISIONS §94-152
Sec. 94-121. Sale of certain products for hu- ARTICLE V. FALSE REPORTING OF
man consumption prohibited. VIOLATIONS OF COUNTY AND STATE
LAWS*
It is unlawful for any person to provide or sell
a product for human consumption when the prod Sec. 94-151. Purpose.
uct is labeled "not for human consumption" or
contains similar warnings.
(Ord. No. 2013-02, § 6) The purpose of this Ordinance is to prohibit,
prevent and abate nuisance conduct caused by
the false reporting of violations of County ordi-
Sec. 94-122. Enforcement. nances and State laws. The false reporting of
violations unreasonably diverts vital and critical
This Ordinance shall be enforced by the Office public resources and prevents public officers and
of the Collier County Sheriff and/or the appropri- law enforcement officers from efficiently and ef-
ate law enforcement official within Collier County fectively enforcing the law. It is in the public
having jurisdiction as it pertains to the location of interest for those who misuse such public services
the secondhand store. to be fined by the County. By imposing and
(Ord. No. 2013-02, § 7) collecting nuisance service call fines from the
person(s) making patently false reports, this Or-
Sec. 94-123. Violations and penalties. dinance is intended as a cost recovery mechanism
to counter such abuse of public resources and to
All violations of this Ordinance may be pro- deter such future conduct. This ordinance is not
cessed according to the Collier County Consoli intended to constitute punishment separate from
dated Code Enforcement Ordinance (Ord. No. or in addition to any criminal prosecution for the
2010-04, as amended) and per provisions of F.S. conduct underlying the false reporting. Nothing
ch. 162, pts. I or II, as may be applicable. A law herein is meant to limit constitutional rights
enforcement official or code enforcement officer is under the federal or state constitution.
specifically authorized to issue a citation for each (Ord. No. 2009-42, § 1)
violation. Each day of any such violation shall
constitute a separate and distinct offense. Fur- Sec. 94-152. Authority.
ther, each failure to properly document transac-
tion information shall constitute a separate and This Ordinance is adopted pursuant to the
distinct offense. authority granted in Article VIII, § 1(f) of the
Florida Constitution and F.S. § 125.01. The effec-
The County may also enforce this Ordinance by tive and efficient provision of public services and
action in equity, including injunctive or declara- the preservation of public resources are in the
tory relief, in the appropriate court of competent common interest of the people of the county and
jurisdiction. are appropriate for regulation by Collier County.
This Ordinance is enacted for the purpose of
Any person who knowingly violates any provi- holding those persons making false reports indi-
sion of this Ordinance, including refusal to allow vidually responsible for the costs associated with
a law enforcement official to make an inspection investigating and responding to such reports and
under this Ordinance, shall also be punished in to deter or prevent future false reports and the
the same manner as a misdemeanor as provided diversion of critically important public resources.
by general law. (Ord. No. 2009-42, § 2)
(Ord. No. 2013-02, § 8)
*Editor's note—Ord. No. 2005-55,§ 17,adopted Oct. 11,
2005, repealed former art. V, §§ 94-151-94-159, in its en-
tirety.Former said article pertained to public nuisance abate-
Secs. 94-124-94-150. Reserved. ment regulations as enacted by§§ 1-9 of Ord.No. 96-11.
Supp.No.48 CD94:15
94-153 COLLIER COUNTY CODE
Sec. 94-153. Definitions. 3. Law Enforcement Officer. Law enforce-
ment officer means any person who is
When used in this Ordinance, the following elected, appointed, or employed full time
words,terms and phrases shall have the following by any municipality or the State or any
meanings, unless the context clearly indicates political subdivision thereof;who is vested
otherwise: with authority to bear arms and make
1. False Report to Public Officer/Law En-
arrests; and whose primary responsibility
forcement Officer. A patently false report is the prevention and detection of crime or
to any public officer/law enforcement offi-
enforcement of the penal, criminal,
cer that an alleged violation of a County traffic, or highway laws of the state as
or State law has been committed, know further defined in F.S. § 943.10.
ing that the conduct or conditions re-
ported do not constitute a violation of law 4. Complaining Party. A Complaining Party
or where the report is patently false and is defined as an individual who makes or
the intent is that a public or law enforce- submits a patently false report to a public
ment officer acts in reliance upon the officer or law enforcement officer, which
report, which results in the unwarranted results in an unnecessary outlay of public
expenditure of public resources. A pa- resources.
tently false report is one in which the
reported violation by the Complaining 5. Nuisance Service Call. A nuisance service
Party is clearly non-existent and untrue call as defined in this Ordinance is where
on its face, without the need for pro- a Complaining Party reports a patently
tracted investigation. false violation of County or State law that
Examples of patently false reports in- necessitates a response by a public officer
dude but are not limited to instances or a law enforcement officer.
where: 6. Do Not Respond List. The Do Not Respond
(a) A Complaining Party furnishes a pub- List is a list maintained by the County
lic or law enforcement officer with containing the names of Complaining Par-
false,forged, fictitious or misleading ties who have made two(2)patently false
verbal or written information during reports of violations of County or State
the course of reporting a complaint. law requiring a response by a public offi-
(b) A Complaining Party summons as a cer or a law enforcement officer. A Com-
joke, prank or otherwise, without plaining Party whose name appears on
any good reason therefore, a public the Do Not Respond List is identified so
or law enforcement officer to respond that for a period of one year from the date
to an address where the basis of the of their second patently false report, no
matter complained about is false. non-emergency public service will be pro-
vided in response to future reports of
2. Public Officer.A public officer refers to any violations of County or State law.
person authorized by Collier County gov- (Ord. No. 2009-42, § 3)
ernment to investigate and enforce the
Collier County Code of Laws and Ordi-
nances and related provisions arising un Sec. 94-154. Notice of code violations and
der State law. Such public officers shall appeals.
include but not be limited to: Code En-
forcement Officers, Domestic Animal Ser- 1. Issuance of notice of code violation: Public
vices Animal Control Officers, Building officers and law enforcement officers may lawfully
Inspectors and other such County officers issue,or cause to be issued,notices of violations of
authorized to enforce State and local law. this Ordinance.
♦/Supp.No.48 CD94:16
OFFENSES AND MISCELLANEOUS PROVISIONS §94-154
2. Contents of notice of code violation: The service upon the Complaining Party or may
notice issued for the violation, shall be by a otherwise elect to serve the Complaining Party
standard form notice,which notice should include by any other means then authorized by law.
the following information: 4. Appeals to Special Magistrate:
(a) The name and mailing address of the (a) Upon receipt of a notice of code violation,
Complaining Party as of the date the the noticed Complaining Party may
noticed ordinance violation was commit- contest the notice by filing an appeal
ted; that is actually received by the County's
(b) Citation that this Ordinance was violated; Code Enforcement Department not later
than 21 calendar days after the Complain-
(c) The date,time and specific location where ing Party received such notice. A Code
the nuisance service call originated and Enforcement Department employee shall
the address where the public/law enforce- note on the appeal the date and time of
ment officer responded; receipt of that appeal.
(d) The monetary amount of the civil fine (b) The appeal must include the Complain-
and the deadline date such fine must ing Party's name, mailing address and
actually be received by the County's Code phone number, and must state in clear,
Enforcement Department; meaningful detail all grounds upon which
the violation is being contested by the
(e) The mailing address of the Code Enforce- appeal.
ment Department to which the fines
must be delivered by or on behalf of the (c) The Code Enforcement Department shall
Complaining Party, and the name of the promptly refer the appeal to a Special
payee to facilitate payment by money Magistrate. The Special Magistrate shall
order, check or other negotiable instru endeavor to schedule the appeal hearing
ment; within 60 days after the Special
Magistrate's receipt of the appeal
(f) A statement of the 21-day time limit (provided the appeal was actually received
within which the Complaining Party may by the County's Code Enforcement Depart-
file an appeal and a brief description of ment not later than 21 days after the
the appeal process; and Complaining Party's receipt of the notice
of code violation). The Special Magistrate
(g) A statement that if the Complaining
by order may summarily dismiss the
Party fails to pay the civil fine in full or
appeal with prejudice if the appeal does
fails to timely appeal the violation(s),the not comply with any requirement listed
Complaining Party shall thereby be in subsections (a) or (b), above.
deemed to: (i) have waived all rights to
dispute that violation; (ii) to thereby (d) If upon appeal the noticed violation is
admit the violation; and (iii) failure to not voided by order of the Special
pay all applicable fines, and costs as Magistrate, the Complaining Party shall
applicable,can result in loss of privileges pay in full the civil fine, plus all costs
and imposition of liens pursuant to this actually incurred by the County and/or
article. Special Magistrate resulting from that
appeal. The civil fine and applicable
3. Delivery of notice of code violation: The incurred costs must be delivered in full
notice of code violation shall be delivered to the to the County's Code Enforcement Depart-
Complaining Party's home mailing address by ment not later than 21 days after the
United States certified mail, proper postage Complaining Party's receipt of the Special
prepaid. The County shall have the right, but Magistrate's order that states the noticed
,..� not any obligation,to serve the notice by personal code violation was not voided by the
Supp. No. 76 CD94:17
§94-154 COLLIER COUNTY CODE
Special Magistrate, and shall specify the citizens of the County when public or law
applicable civil fine, and applicable enforcement officers are repeatedly called
incurred costs, if any. All of the Special away from their legitimate duties to
Magistrate's orders, letters and other respond to nuisance service calls and the
papers, etc., can be mailed to the need to deter such conduct. The manner
Complaining Party by ordinary U.S. mail, in which the Complaining Party is noti-
proper postage prepaid, addressed to the fled of the civil fine shall be administered
Complaining Party's mailing address as in the same manner as that for commit-
listed in the Complaining Party's appeal, ting a first violation under this Ordinance.
which mailing shall be sufficient receipt
by the Complaining Party. In addition to the civil fine,the Complain-
(Ord. No. 2009-42, § 4) ing Party shall be placed on a Do Not
Respond List for future non-emergency
Sec. 94-155. Penalties. reports to the County for a period of one
1. Violations of this Ordinance shall be year from the date of the second patently
punished as follows: false report violation. Any emergency
calls for assistance from the Complain-
(a) First Violation. Upon the first occurrence ing Party concerning emergency matters
of a patently false report under this involving public health, safety and/or
Ordinance where a public or law enforce welfare shall be responded to regardless
ment officer has been dispatched to private
property on a nuisance service call, the of any prior false reports by that
Complaining Party shall be issued a civil individual. Notwithstanding the forego-
fine in the amount of$500.00. The fine ing, public or law enforcement officers
Loi imposed takes into consideration the gross may elect to investigate any and all such
salaries,including all fringe benefits and reports regardless of the fact that a
overhead paid to the public or law enforce- Complaining Party's name may appear
ment officers responding, the cost of all on the Do Not Respond List.
equipment, including vehicles, used in
responding to the nuisance service call, The Complaining Party may appeal the
as well as,the impact upon the citizens of imposition of the civil fine and placement
the County when public or law enforce- on the Do Not Respond List in the same
ment officers are called away from their manner provided for first violations of
legitimate duties to respond to nuisance the Ordinance. Interest at the then cur-
service calls and the need to deter such rent statutory rate will accrue on the
conduct. unpaid civil fine from the date of issu-
ance as allowed by law.
(b) Second Violation. Upon the second occur-
rence of a patently false report under
this Ordinance where a public or law 2. Other Remedies. In addition to the forego-
enforcement officer has been dispatched ing, any violation of this Ordinance shall be
to private property on a nuisance call, deemed a nuisance per se, permitting the County,
the Complaining Party shall be issued a its officers, agents or any private citizen to take
civil fine in the amount of$1,000.00. The such action in any court of competent jurisdic-
fine imposed takes into consideration the tion to cause the abatement of such nuisance,
gross salaries,including all fringe benefits including injunctive relief.
and overhead paid to the public or law (Ord. No. 2009-42, § 5)
enforcement officers responding,the cost
of all equipment,including vehicles,used
in responding to the nuisance service
call, as well as, the impact upon the Secs. 94-156-94-180. Reserved.
Supp. No. 76 CD94:18
OFFENSES AND MISCELLANEOUS PROVISIONS §94-210
ARTICLE VI. OFFENSES INVOLVING from whose property palmetto berries or other
PRIVATE PROPERTY natural resources were harvested in violation of
this ordinance.
DIVISION 1. HARVESTING PALMETTO (Ord. No. 2018-01, § 3)
BERRIES Sec. 94-184. Affirmative defense.
Sec. 94-181. Definitions. It shall be an affirmative defense to a finding
of a violation of this ordinance if the named
A. Harvest shall mean to cut, remove, collect violator provides sufficient proof, by clear and
or gather palmetto berries, or any other natural convincing evidence, that the violator had the
resources, for the purpose of processing, sale or property owner's permission to harvest on the
personal use. date of the violation.
B. Natural resources shall mean any assets or (Ord. No. 2018 01, § 4)
products, not including game or livestock, that
have any economic value, including but not Secs. 94-185-94-210. Reserved.
limited to, lumber, palmetto berries, orchids,
plant seeds, entire plants, cabbage palms, and
sod.
(Ord. No. 2018-01, § 1)
Sec. 94-182. Proof of permission to harvest
required.
Any person engaged in the harvesting of
palmetto berries,or other natural resources from
property which they do not own,shall possess on
site, at all times, written permission from an
owner of the property documenting authority to
be present on the property and documenting the
extent of permission to harvest palmetto berries
or other natural resources.
(Ord. No. 2018-01, § 2)
Sec. 94-183. Violation;penalty.
Violation of any provision of this Ordinance
shall be treated in the same manner as a
misdemeanor of the second degree punishable by
a fine not exceeding$500.00 or by imprisonment
not to exceed 60 days, or by both such fine and
imprisonment. A separate penalty may be imposed
for each separately owned property from which
palmetto berries or other natural resources have
been harvested in violation of this ordinance.
Additionally,any person or entity found in viola-
tion of this ordinance shall pay all costs of
prosecution necessary to establish the violation,
including but not limited to, investigative costs,
witness fees, subpoena costs, and survey costs;
and shall pay restitution to each property owner
Supp. No. 76 CD94:19
Chapters 95-97
RESERVED
CD95:1