Agenda 12/13/2022 Item #10A (Ordinance - Requiring residential landlords to provide 60 days written notice of rental increase over 5%)12/13/2022
EXECUTIVE SUMMARY
Recommendation to direct the County Attorney to advertise, and bring back for a public hearing, an
ordinance repealing Ordinance No. 2022-43, which requires residential landlords to provide sixty (60) days
written notice of a rental increase over 5% to tenants with leases of one year or longer.
OBJECTIVE: To repeal Ordinance No. 2022-43 requiring residential landlords to provide sixty (60) days written
notice of a rental increase over 5% to tenants with leases of one year or longer.
CONSIDERATIONS: On October 25, 2022, the Board of County Commissioners by a 3-2 vote adopted a Fair
Notice to Tenant Ordinance, Ordinance No. 2022-43, requiring landlords to provide written notice of rent increases
over 5% to tenants with leases of one year or longer. The Ordinance should be repealed as the sixty (60) day notice
period is an unfair burden on landlords and the Ordinance does not provide any real affordable housing solutions.
FISCAL IMPACT: Estimated cost to advertise the ordinance is $650.00.
GROWTH MANAGEMENT IMPACT: This action will result in no growth management impact.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and
legality, and requires majority support for Board action. - JAK
RECOMMENDATION: That the Board direct the County Attorney to advertise, and bring back for a public
hearing, an ordinance repealing Ordinance No. 2022-43, which requires residential landlords to provide sixty (60)
days written notice of a rental increase over 5% to tenants with leases of one year or longer.
Prepared by: Commissioner Chris Hall, District 2
ATTACHMENT(S)
1. Ordinance 2022-43- Fair Notice to Tenant (PDF)
2. Proposed Ordinance - repealing Notice to Tenant Ordinance 22-43 (PDF)
10.A
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12/13/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.A
Doc ID: 23992
Item Summary: Recommendation to direct the County Attorney to advertise, and bring back for a public hearing,
an ordinance repealing Ordinance No. 2022-43, which requires residential landlords to provide sixty (60) days
written notice of a rental increase over 5% to tenants with leases of one year or longer. (Sponsored by
Commissioner Hall)
Meeting Date: 12/13/2022
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Wanda Rodriguez
11/22/2022 10:33 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
11/22/2022 10:33 AM
Approved By:
Review:
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/22/2022 11:01 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/22/2022 3:36 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 11/30/2022 4:34 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 12/06/2022 5:38 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 12/13/2022 9:00 AM
10.A
Packet Pg. 247
ORDINANCE NO. 2022 - 4 3
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
REQUIRING LANDLORDS TO GIVE LONG TERM TENANTS
60 DAYS WRITTEN NOTICE OF A RENTAL INCREASE IN
EXCESS OF 5%; PROVIDING FOR VIOLATIONS AND
PENALTIES; PROVIDING FOR APPLICABILITY; PROVIDING
FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, it is the intention of this Board to provide all Collier County long term tenants
with a fair notice if their rents are to increase by more than 5%; and
WHEREAS, approximately half of the housing in Collier County are rental units; and
WHEREAS, according to a 2017 study by ULI, 40 percent or 58,685 households in Collier
County are considered"cost burdened",which,according to the United States Department of Housing
and Urban Development, includes households who pay more than 30 percent of their income for
housing and may have difficulty affording necessities such as food, clothing, transportation, and
medical care; and
WHEREAS, since the coronavirus-2019 (COVID-19) pandemic, there has been an influx of
people to Florida from states with higher wages and cost of living which has caused an upsurge in
rental rates in Collier County; and
WHEREAS,according to the websites RedFin and Zillow,the average rent in Collier County
for a 2/2, as of April 19, 2022, was $2,950; and
WHEREAS, part II of chapter 83, Florida Statutes, commonly known as the "Florida
residential Landlord and Tenant Act" ("the Act"), applies to the rental of residential dwelling units
and sets forth the rights and duties of landlords and tenants; and
WHEREAS,the Act does not provide specific notification requirements for landlords seeking
to increase rental rates; and
WHEREAS, there are programs which are available to assist tenants in paying their rents,
which application process takes a minimum of 30 days; and
22-GRC-01353/1750926/1]
10.A.1
Packet Pg. 248 Attachment: Ordinance 2022-43- Fair Notice to Tenant (23992 : Direction to advertise the repeal of Ordinance No. 22-43, the Fair Notice to Tenant
WHEREAS, in order to give tenants sufficient time to take advantage of these programs, and
to otherwise assist them, Collier County proposes to enact an ordinance that requires 60 days written
notification be given by Collier County residential landlords to their long term tenants prior to
increasing the tenants' rent beyond 5 percent; and
WHEREAS, other states including Alabama, Alaska, Arizona, California, Indiana, Iowa,
Kansas, Massachusetts, Missouri, New Hampshire, New Jersey, New Mexico, North Dakota, Ohio,
Pennsylvania, Rhode Island, South Dakota, and Texas, have issued laws that require landlords to
provide notice to their tenants prior to increasing their rents; and
WHEREAS, accordingly, this Board desires to require that residential landlords in
unincorporated Collier County who proposes to increase the rents of their tenants by more than five
percent shall provide such tenants with advance written notice of such increase.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Title and Citation
This Ordinance shall be known and cited as "The Collier County Fair Notice to Tenant
Ordinance."
SECTION TWO: Findings
The Board hereby ratifies and reaffirms the above whereas clauses and incorporates them as
if fully set forth herein as the Board's legislative findings.
SECTION THREE: Fair Notice to Tenant on Rent Increase More Than Five Percent
A residential landlord that proposes to increase the rental rate by more than five percent at the
end of a lease for a term of one year or longer must provide 60 days written notice to the tenant. The
60 day notice period begins when the landlord provides notice either through mail, posting, or email.
This notice requirement does not apply to automatic rate increases provided in written leases. This
notice requirement does not change a landlord's or tenant's rights under Florida Law, including Ch.
83.
SECTION FOUR: Violations and Penalties
All violations of this ordinance may be processed according to the Collier County
Consolidated Code Enforcement Ordinance (Ord. No, 2010-04, as amended) and per the provisions
of F.S. chapter 162, parts I or II, as may be applicable. A violation of this ordinance shall be
punishable by a fine not exceeding $500.00. A separate penalty may be imposed for each violation
of this ordinance.
22-GRC-01353/1750926/1]
10.A.1
Packet Pg. 249 Attachment: Ordinance 2022-43- Fair Notice to Tenant (23992 : Direction to advertise the repeal of Ordinance No. 22-43, the Fair Notice to Tenant
SECTION FIVE: Applicability of Ordinance
The requirements of this ordinance shall apply within the unincorporated areas of Collier
County. Except as set forth herein, all other provisions set forth in part II of chapter 83, Florida
Statutes, as such may be amended, shall govern residential tenancies.
SECTION SIX: Conflict and Severability
In the event this Ordinance conflicts with any other ordinance of Collier County or other
appliable law,the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid
or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and such holding shall not affect the validity of the remaining
portion.
SECTION SEVEN: Inclusion in the Code of Laws and Ordinances
The provisions of this Ordinance shall become and be made part of the Code of Laws and
Ordinances of Collier County,Florida. The sections of the Ordinance may be renumbered or relettered
to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other
appropriate word.
SECTION EIGHT: Effective Date
This Ordinance shall become effective upon filing with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 25th day of October, 2022.
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ATTEST: 4 BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINfZEL,` LERK COLLIER CO r i - ORIDA
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Jeffrey 1 la kow, County Attorney
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22-G RC-01353/1750926/1)
10.A.1
Packet Pg. 250 Attachment: Ordinance 2022-43- Fair Notice to Tenant (23992 : Direction to advertise the repeal of Ordinance No. 22-43, the Fair Notice to Tenant
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
October 28, 2022
Martha S. Vergara, BMR& VAB Senior Deputy Clerk
Office of the Clerk of the Circuit Court
Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, Florida 34112
Dear Martha Vergara,
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of the Collier County Ordinance No. 2022-043, which was filed in this office on October
28, 2022.
If you have any questions or need further assistance, please contact me at (850) 245-6271 or
Anya.Owens@DOS.MyFlorida.com.
Sincerely,
Anya C. Owens
Program Administrator
Florida Administrative Code and Register
ACO/rra
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
10.A.1
Packet Pg. 251 Attachment: Ordinance 2022-43- Fair Notice to Tenant (23992 : Direction to advertise the repeal of Ordinance No. 22-43, the Fair Notice to Tenant
[22-GRC-01353/1755636/1]
Page 1 of 2
ORDINANCE NO. 2023 - ____
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, REPEALING ORDINANCE NO. 22-43,
IN ORDER TO END THE REQUIREMENT THAT RESIDENTIAL
LANDLORDS PROVIDE SIXTY (60) DAYS WRITTEN NOTICE OF A
RENTAL INCREASE OVER 5% TO TENANTS WITH LEASES OF ONE
YEAR OR LONGER; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Collier County Ordinance No. 22-43 requires residential landlords to provide
sixty (60) days written notice of a rental increase over 5% to tenants with leases of one year or
longer;
WHEREAS, the Board of County Commissioner desires to repeal Ordinance No. 22-43 in
its entirety in order to end this requirement.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: REPEAL OF ORDINANCE NO. 22-43.
Ordinance No. 2022-43 is hereby repealed in its entirety.
SECTION TWO: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
any other appropriate word.
10.A.2
Packet Pg. 252 Attachment: Proposed Ordinance - repealing Notice to Tenant Ordinance 22-43 (23992 : Direction to advertise the repeal of Ordinance No. 22-
[22-GRC-01353/1755636/1]
Page 2 of 2
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by a vote of a majority of the Board of County
Commissioners of Collier County, Florida, this ____ day of _____________, 2023.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk , CHAIRMAN
Approved as to form and legality:
___________________________
Jeffrey A. Klatzkow
County Attorney
10.A.2
Packet Pg. 253 Attachment: Proposed Ordinance - repealing Notice to Tenant Ordinance 22-43 (23992 : Direction to advertise the repeal of Ordinance No. 22-