Agenda 03/28/2023 Item # 9A (Recommendation to adopt an Ordicance to protect the health, safety and welfare of citizens that have unpaved private road access and egress)03/28/2023
EXECUTIVE SUMMARY
Recommendation that the Board adopts an Ordinance creating the unpaved private road emergency repair
municipal service taxing unit by authorizing a levy of not to exceed one (1.0) mil of ad valorem taxes per
year.
OBJECTIVE: To protect the health, safety, and welfare of citizens that have unpaved, private road access and
egress.
CONSIDERATION: Many roads in the Unincorporated Area of Collier County are unpaved, private roads not
maintained by the County which may become impassable if not maintained. It is imperative that all roads in the
County are passable to emergency services vehicles to protect the public health, safety, and welfare in certain
emergencies, including fires, hurricanes, and floods.
Currently, there is insufficient funding to pay for reactive and proactive repairs when an emergency vehicle cannot
access private roads deemed impassable or when a private road is imminently expected to fail. The creation of a
municipal service taxing unit is the best method to provide funding to enable the County to make emergency repairs
to private roads upon the notification by the local fire district or the Collier County Sheriff’s Office that the road is,
or soon will be, impassable.
A recurring issue has been property owners who simply do not maintain their portion of the private road past their
driveway, which negatively impacts all property owners “downstream” of this owner. The proposed Ordinance
seeks to strike a balance with the Board’s obligations to safeguard the health, safety and welfare of the citizens of
Collier County, with its duty to respect the Constitutional private property rights of owners of private roads, and
the prohibition of public expenditures for a private purpose. With the establishment of a Municipal Service
Taxing Unit (MSTU) as a funding source, the cost utilized to repair the private roads will be ultimately borne
solely by the residents serviced by the private road.
There are approximately 105 miles of unpaved, private roads with public access within Collier County with
adjoining properties with an estimated taxable value of $372,700,000. At an average cost of $14,000 per mile for
lime rock road repairs, the estimated revenues may cover repairs on approximately 27 miles of unpaved roads.
To acknowledge that some unpaved roads may be in good condition and under continuous maintenance by the
property owners utilizing the road, the proposed ordinance establishes an opt-out provision for roads that are not
likely to require maintenance within a five-year period. To opt out, the property owner must show that the road is
passable and that there is a sustainable maintenance plan in place by the property owner or owners on that road. If
at a point in the future the road becomes impassable to emergency vehicles and emergency maintenance is required
by the County, those previously opted-out homes shall become subjected to the tax levied.
This Ordinance was originally brought to the Board on June 26, 2018, then was continued to September 11, 2018,
where it failed by a 3-2 vote. The Board voted on January 10, 2023 under Item 10B to advertise the Ordinance for
public hearing in order to consider it once again.
FISCAL IMPACT: The Ordinance was advertised twice, for a total cost of $1,190.00. If approved, this MSTU
Ordinance will set in motion a series of fiscal steps including: (1) creation of the unpaved private road Munic ipal
Service Taxing Unit (MSTU) Fund and specific cost center; and (2) a mechanism to establish the budget based
upon certified taxable value and applied millage rate not to exceed 1.0000 mil per year. Based upon a projected
taxable value equal to $372,700,000, the taxes would raise approximately $372,900 per year. The effect of the
proposed MSTU, including the tax levy implications, will not be realized until the 2024 tax year (FY 2025). This
assumes that the enabling ordinance and related filings will be completed prior to December 31, 2023.
If the Unpaved Road Program is approved the level of effort necessary to implement the program will be evaluated
and staff will report back to the Board if additional staff or other resources will be required.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive
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Summary.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. There is a general
prohibition of using public funds for a private purpose, and the County Attorney is not aware of a similar ordinance
statewide. With that noted, there is an overriding public safety issue which is being addressed by the proposed
ordinance, and the County Attorney believes that pushing the envelope in this matter would be appropriate. This
item requires majority vote for approval. -JAK
RECOMMENDATION: That the Board of County Commissioners adopts the proposed ordinance which would
create the unpaved private road emergency repair Municipal Service Taxing Unit (MSTU).
Prepared by: Commissioner William L. McDaniel, Jr., District 5
ATTACHMENT(S)
1. Agenda 06_26_2018 Item #9A (PDF)
2. Ordinance - Private Road Emergency Repair MSTU (rev2) - JAK signed (PDF)
3. excerpt - Minutes 06_26_2018 item #9A (PDF)
4. Numbered Ordinance - Unpaved Private Road MSTU (rev2) (PDF)
5. Agenda 09_11_2018 Item # 9C (PDF)
6. excerpt - Minutes 09_11_2018 item #9C (PDF)
7. legal ad - Private Road Emergency Repair MSTU Ord. (PDF)
8. legal ad - Private Road Emergency Repair MSTU 3-28-23 BCC (PDF)
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03/28/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 9.A
Doc ID: 24670
Item Summary: ***This item continued from the February 28, 2023 BCC meeting*** Recommendation that the
Board adopts an Ordinance creating the unpaved private road emergency repair municipal service taxing unit by
authorizing a levy of not to exceed one (1.0) mil of ad valorem taxes per year.
Meeting Date: 03/28/2023
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Wanda Rodriguez
02/13/2023 12:30 PM
Submitted by:
Title: Commissioner District 5 – Board of County Commissioners
Name: Bill McDaniel
02/13/2023 12:30 PM
Approved By:
Review:
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 02/13/2023 12:56 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/13/2023 3:49 PM
Office of Management and Budget Christopher Johnson Additional Reviewer Completed 02/14/2023 3:41 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 03/22/2023 10:59 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 03/28/2023 9:00 AM
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ORDINANCE NO. 23 – _____ 1
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF 2
COLLIER COUNTY, FLORIDA, CREATING THE PRIVATE ROAD 3
EMERGENCY REPAIR MUNICIPAL SERVICE TAXING UNIT; 4
PROVIDING FOR THE BOARD OF COUNTY COMMISSIONERS TO BE 5
THE UNIT’S GOVERNING BODY; PROVIDING FUNDING AND THE 6
LEVY OF NOT TO EXCEED ONE (1) MIL OF AD VALOREM TAXES PER 7
YEAR; PROVIDING FOR THE COLLECTION OF TAXES; PROVIDING 8
AN OPT OUT OPTION; PROVIDING FOR DUTIES OF THE COUNTY 9
MANAGER; PROVIDING FOR CONFLICT AND SEVERABILITY; 10
PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF 11
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE 12
DATE. 13
WHEREAS, many roads in the unincorporated portion of Collier County are unpaved, 14
private roads not maintained by the County, which may become impassable if not maintained; and 15
WHEREAS, it is imperative that all roads in the County are passable to emergency services 16
vehicles to protect the public health, safety, and welfare in certain emergencies, including fires, 17
hurricanes and floods; and 18
WHEREAS, there is currently no mechanism or funding source to pay for emergency 19
repairs when an emergency vehicle cannot access private roads deemed impassable; and 20
WHEREAS, the Board of County Commissioners has determined that the creation of a 21
municipal service taxing unit is the best method to provide funding to enable the County to make 22
emergency repairs to private roads deemed impassable upon the notification by the local fire 23
district or the Collier County Sheriff’s Office. 24
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 25
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 26
SECTION ONE: Authority. 27
This Ordinance is adopted pursuant to the provisions of Section 125.01 and Chapter 200, 28
Florida Statutes, and other applicable provisions of law. 29
SECTION TWO: Creation of the Municipal Service Taxing Unit. 30
There is hereby created and established the Private Road Emergency Repair Municipal 31
Service Taxing Unit, hereinafter referred to as the “MSTU.” The property subject to the MSTU 32
shall be all properties abutting or adjacent to an unpaved, private road in unincorporated Collier 33
County. 34
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SECTION THREE: Purpose and Governing Body. 36
The MSTU is created from the purpose of providing emergency repairs to unpaved, private 37
roads in Collier County where the County is notified by the local fire districts or the Collier County 38
Sheriff’s Office that such roads are impassable to emergency vehicles and such disrepair is a 39
danger to the health, safety, and welfare to the citizens of Collier County. The roads shall be 40
repaired only to the extent that they are made passable to emergency vehicles. Such repair does 41
not designate acceptance of maintenance beyond the purpose stated herein, nor does it designate 42
an ownership interest in the road by the County. 43
The governing body of the MSTU shall be the Board of County Commissioners of Collier 44
County, Florida. 45
46
SECTION FOUR: Funding and Levy of Taxes. 47
For the purpose of implementing this Ordinance, the Board of County Commissioners shall 48
annually, at the time required by general budgetary law, make an itemized estimate of the amount 49
of money required to carry out the business of the MSTU for the next fiscal year, which shall be 50
from October 1 to and including the following September 30. The estimate shall describe the 51
purpose for which the monies are required and the amount necessary to be raised by taxation within 52
the MSTU. At the time and place for fixing the annual rate of taxation for County purposes, the 53
Board of County Commissioners shall fix and cause to be levied on all properties within the 54
MSTU, subject to taxation, a millage rate not to exceed one (1) mil per year. 55
56
SECTION FIVE: Tax Assessment and Collection. 57
Taxes herein provided for shall be assessed and collected in the same manner and form as 58
provided for the assessment and collection of general County taxes and subject to the same fees 59
for assessing and collecting as general County taxes. 60
61
SECTION SIX: Opting out. 62
Upon application to the County Manager or designee, the property owner(s) abutting or 63
adjacent to an unpaved road may opt out of the tax levied herein upon a finding by the County 64
Manager that the road is not likely to require maintenance within the next five fiscal years. In 65
order to opt out, the property owner(s) must show that the road is passable and that there is a 66
sustainable maintenance plan in place by the property owner or owners on that road. If at a point 67
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in the future the road become impassable to emergency vehicles and emergency maintenance is 68
required by the County, as determined by the County Manager or designee, those previously opted-69
out properties shall become subject to the tax levied herein beginning the next fiscal year and 70
continuing the following years. 71
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SECTION SEVEN: Duties of the County Manager or Designee. 73
The duties of the County Manager or designee are as follows: 74
1. To aid and assist the Board in carrying out the purposes of the MSTU in accordance 75
with established practices and policies of the Board of County Commissioners and as 76
set forth in this Ordinance; 77
2. To prepare and recommend to the Board an itemized annual budget of the amount of 78
money required to carry out the business of the MSTU for the next fiscal year; 79
3. To provide periodic written reports to the Board of the activities of the MSTU and its 80
finances in accordance with established guidelines of the Board; and 81
4. To administer the opt-out provisions in Section Six herein. 82
83
SECTION EIGHT: Conflict and Severability. 84
In the event this Ordinance conflicts with any other Ordinance of Collier County or other 85
applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any 86
phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a 87
separate, distinct and independent provision and such holding shall not affect the validity of the 88
remaining portion. 89
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SECTION NINE: Inclusion in the Code of Laws and Ordinances. 91
The provisions of this Ordinance shall become and be made a part of the Code of Laws and 92
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-93
lettered to accomplish such, and the word “ordinance” may be changed to “section,” “article,” or 94
any other appropriate word. 95
96
SECTION TEN: Effective Date. 97
This Ordinance shall be effective upon filing with the Florida Department of State. 98
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier 100
County, Florida, this ______ day of ________________, 2023. 101
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ATTEST: BOARD OF COUNTY COMMISSIONERS 103
CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA 104
105
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By:_____________________________ By:_____________________________ 107
, Deputy Clerk Rick LoCastro, Chairman 108
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110
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Approved as to form and legality: 112
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_______________________________ 114
Jeffrey A. Klatzkow, County Attorney 115
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