Agenda 01/10/2023 Item # 9C (To consider adopting an Ordinance repealing Ordinance No. 22-43 the Fair Notice to Tenant Ordinance)01 / 10/2023
9.0
EXECUTIVE SUMMARY
Recommendation to consider an ordinance repealing Ordinance No. 22-43, which requires residential
landlords to provide 60 days written notice of a rental increase over 5% to tenants with leases of one year or
OBJECTIVE: To consider adopting an Ordinance repealing Ordinance No. 22-43, the Fair Notice to Tenant
Ordinance, which requires residential landlords to provide 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 the Fair
Notice to Tenant Ordinance, Ordinance No. 22-43, requiring landlords to provide written notice of rent increases
over 5% to tenants with leases of one year or longer. On December 13, 2022, under agenda item 10A, brought
forward by Commissioner Hall, the Board directed the County Attorney to bring back for consideration an
ordinance which would repeal the Fair Notice to Tenant Ordinance, citing that the 60 day notice period is an unfair
burden on landlords and that the Ordinance does not provide any real affordable housing solutions.
FISCAL IMPACT: Advertising costs for this item were $581.00.
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 consider adopting an ordinance repealing Ordinance No. 2022-43, which
requires residential landlords to provide 60 days written notice of a rental increase over 5% to tenants with leases of
one year or longer.
Prepared by: Jeffrey A. Klatzkow, County Attorney
ATTACHMENT(S)
1.Ordinance - repealing Ord. 22-43 (PDF)
2. Ordinance 22-43- Fair Notice to Tenant (PDF)
3. legal ad - repeal of Ord. 22-43 (PDF)
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01/10/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 9.0
Doe ID: 24212
Item Summary: Recommendation to consider an ordinance repealing Ordinance No. 22-43, which requires
residential landlords to provide 60 days written notice of a rental increase over 5% to tenants with leases of one
year or longer.
Meeting Date: 01/10/2023
Prepared by:
Title: Legal Assistant — County Attorney's Office
Name: Wanda Rodriguez
12/21/2022 10:58 AM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
12/21/2022 10:58 AM
Approved By:
Review:
County Attorney's Office
Office of Management and Budget
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Debra Windsor Level 3 OMB Gatekeeper Review
Susan Usher Additional Reviewer
Amy Patterson Level 4 County Manager Review
Geoffrey Willig Meeting Pending
Completed
12/21/2022 11:05 AM
Completed
12/21/2022 11:07 AM
Completed
12/27/2022 8:36 AM
Completed
12/27/2022 10:29 AM
01/10/2023 9:00 AM
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9.C.a
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.Cn
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Ordinance No. 2022-43 is hereby repealed in its entirety. n
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.
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9.C.a
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 January, 2023.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
am
Jeffrey
[22-GRC-01353/1755636/1 1
, Deputy Clerk Rick LoCastro, Chairman
Page 2 of 2
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9.C.b
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
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9.C.b
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 $500.00. A separate penalty may be imposed for each violation
of this ordinance.
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9.C.b
SECTION FIVE: Applicability of Ordinance
The requirements of this ordinance shall apply within the unincorporated areas of Collier
County. Except as set forth herein, all other provisions set forth in part II of chapter 83, Florida
Statutes, as such may be amended, shall govern residential tenancies.
SECTION SIX: Conflict and Severability
In the event this Ordinance conflicts with any other ordinance of Collier County or other
appliable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid
or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and such holding shall not affect the validity of the remaining
portion.
SECTION SEVEN: Inclusion in the Code of Laws and Ordinances
The provisions of this Ordinance shall become and be made part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered
to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other
appropriate word.
SECTION EIGHT: Effective Date
This Ordinance shall become effective upon filing with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 25th day of October, 2022.
ATTEST:
CRYSTAL K. KINZEL, CLERK
By:
Attes.Vas & an
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Approv$ alt egality:
Jeffrey
, County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER CO IX., �0RIDA
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS
CORD BYRD
Governor
Secretary of State
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October 28, 2022
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Martha S. Vergara, BMR & VAB Senior Deputy Clerk
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Office of the Clerk of the Circuit Court
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& Comptroller of Collier County
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3329 Tamiami Trail E, Suite #401
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Naples, Florida 34112
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Dear Martha Vergara,
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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
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9.C.c
NAPLESNEWS.COM I WEDNESDAY, DECEMBER 21, 2022 1 15D
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that a public hearing will be held by the
Collier County Board of County Commissioners (BCC) on January
10, 2023, in the Board of County Commissioners Meeting Room,
Third Floor, Collier Government Center, 3299 Tamiami Trail East,
Naples, Florida 34112, to consider the enactment of a County
Ordinance. The meeting will commence at 9:00 A.M. The title of
the proposed Ordinance is as follows:
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
SEVERABILI7Y; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
A copy of the proposed Ordinance is on file with the Clerk to
the Board and is available for inspection. All interested parties
are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must
register with the County Manager prior to presentation of the
agenda item to be addressed. Individual speakers will be limited
to 3 minutes on any item. The selection of any individual to
speak on behalf of an organization or group.is encouraged. If
recognized by the Chairman, a spokesperson for a group or or-
ganization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum
of 3 weeks prior to the respective public hearing In any case,
written materials intended to be considered by the Board shall
be submitted to the appropriate County staff a minimum of
seven days prior to the public hearing. All materials used in pre-
sentations before the Board will become a permanent part of
the record.
As part of an ongoing initiative to encourage public involve-
ment, the public will have the opportunity to provide public
comments remotely, as well as in person, during this proceed-
ing, individuals who would like to Participate remotely should
register through the link provided within the specific
event/meeting entry on the Calendar of Events on the County
website at www.colliercountyfl.gov/visitors/calendar-of-events
after the agenda is posted on the County website. Registration
should be done in advance of the public meeting or any dead-
line specified within the public meeting notice. Individuals who
register wilt receive an email in advance of the public hearing
detailing how they can participate remotely in this meeting. Re-
mote participation is provided as a courtesy and is at the user's
risk. The County is not responsible for technical issues. For addi-
tional information about the meeting, please call Geoffrey
Wiilig at 252-8369 or email to Geoffrey.Willigecolliercountyfl.g
ov.
Any person who decides to appeal any decision of the Board
will need a record of the proceedings pertaining thereto and
therefore, may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
If you are a person with a disability who needs any accommoda-
tion in order to participate in this proceeding, you are entitled,
at no cost to you, to the provision of certain assistance. Please
contact the Collier County Facilities Management Division, locat-
ed at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356,
(239) 252-8380, at least two days prior to the meeting Assisted
listening devices for the hearing impaired are available in the
Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
RICK LOCASTRO, CHAIRMAN
CRYSTAL K. KINZEL, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
Pub: Dec. 21, 2022 #5524824
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