Ordinance 2024-40 ORDINANCE NO. 2024- 40
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2023-
64, WHICH ADOPTED THE FLORIDA BUILDING CODE, EIGHTH
EDITION (2023), TO ADD AN AMENDMENT TO SECTION 110.3 OF
THE FLORIDA BUILDING CODE RELATING TO REQUIRED
INSPECTIONS; AND TO ADD SECTIONS 104.8 AND 104.8.1
RELATING TO LIABILITY AND LEGAL DEFENSE; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN
THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES;
PROVIDING FOR PENALTIES FOR VIOLATION; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Article VIII of the State Constitution and Chapter 125 of the Florida
Statutes provides that counties, as political subdivisions of the State, have the governmental and
proprietary powers to enable them to conduct government, perform services, and may exercise
any such powers for public purposes, except when expressly prohibited by law; and
WHEREAS, on January 8, 2002, the Board of County Commissioners adopted Ordinance
No. 2002-01, which adopted by reference the Florida Building Code, 2001 Edition and added
Section 105.6.1 entitled "Building Inspections-As-Built Survey" to require a location survey
depicting building foundation, to be enforced by Collier County in the unincorporated portions of
the County; and
WHEREAS, on November 10, 2009, the Board of County Commissioners repealed
Ordinance No. 2002-01 ("2009 Ordinance") in its entirety, including Section 105.6.1 entitled
"Building Inspections-As-Built Survey"; and
WHEREAS, most recently, on December 12, 2023, the Board of County Commissioners
adopted Ordinance No. 2023-64, which adopted by reference the Florida Building Code, Eighth
Edition(2023),to be enforced by Collier County in the unincorporated portions of the County, as
well as exemptions to the Florida Building Code, and amendments to administrative provisions
of the Florida Building Code, as authorized by Section 553.73(4)(a), Florida Statutes; and
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WHEREAS, pursuant to Section 553.73(4)(a), Florida Statutes, the Board of County
Commissioners desires to amend Section 110.3, an administrative provision of the Florida
Building Code, relating to inspections, to add the survey requirement that was omitted in the
2009 Ordinance; and
WHEREAS, the Board further desires to adopt provisions related to liability and legal
defense of the building official, member of the Board of Appeals and County employees.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA, THAT:
SECTION ONE: AMENDMENT OF ORDINANCE NO. 2023-64 TO ADOPT
ADDITIONS TO THE FLORIDA BUILDING CODE.
Paragraph 2 of section one of Ordinance No. 2023-64 is hereby amended as follows:
2. Additions. The following additions, adjustments, amendments and exemptions are
added to the Eighth Addition (2023) Florida Building Code as amended:
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104.8 Liability.
The building official, member of the board of appeals or employee charged with the
enforcement of this code, while acting for the jurisdiction in good faith and without malice
in the discharge of the duties required by this code or other pertinent law or ordinance, shall
not thereby be civilly or criminally rendered liable personally and is hereby relieved from
personal liability for any damage accruing to persons or property as a result of any act or by
reason of an act or omission in the discharge of official duties. Any suit instituted against an
officer or employee or board member because of an act performed by that officer or
employee or board member in the lawful discharge of duties and under the provisions of this
code shall be defended by legal representative of the jurisdiction until the final termination
of the proceedings. The building official or any subordinate shall not be liable for cost in
any action, suit or proceeding that is instituted in pursuance of the provisions of this code.
104.8.1 Legal defense.
Any suit or criminal complaint instituted against an officer or employee or board member
because of an act performed by that officer or employee or board member in the lawful
discharge of duties and under the provisions of this code shall be defended by legal
representatives of the jurisdiction until the final termination of the proceedings. The
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building official or any subordinate shall not be liable for cost in any action, suit or
proceeding that is instituted in pursuance of the provisions of this code.
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110.3 Required Inspections.
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Building
1. Foundation inspection. To be made after trenches are excavated and forms erected
and shall at a minimum include the following building components:
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1.2 The permit holder shall submit, within 10 calendar days of this inspection, a spot
survey depicting the building foundation to the authority having jurisdiction. For
structures without a foundation inspection and that require a minimum floor
elevation, a spot survey is required prior to receiving a certificate of
Occupancy/Completion. The spot survey shall be prepared by or under the direct
supervision of a Florida Registered land surveyor and certified by same and shall be
in a form acceptable to the Building Official. The Building Official has the right to
waive this requirement for certain small, non-habitable structures.
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SECTION THREE: 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 FOUR: 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
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Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or
re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION FIVE: PENALTIES FOR VIOLATION.
If any person, firm, corporation, or other legal entity whether public or private, shall fail or
refuse to obey or comply with, or violates, any of the provisions of the Ordinance, such person,
firm, corporation, or other legal entity whether public or private, upon conviction of such
offense, shall be punished by a fine not to exceed Five Hundred Dollars ($500.00) or by
imprisonment not to exceed sixty (60) days in the County jail, or both, in the discretion of the
court. Each day of continued violation or noncompliance shall be considered as a separate
offense. In addition, any person, firm, corporation, or other legal entity whether public or
private, convicted under the provisions of this section shall pay all costs and expenses involved
in the case. In addition, the provisions of this Ordinance may be enforced by any means
appropriate under Section 125.69, Florida Statutes, or Chapter 162, Florida Statutes, or as set
forth in the Code of Laws and Ordinances of Collier County, Florida, and the Collier County
Land Development Code.
SECTION SIX: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Florida Department of State.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this,If ay of Sep km J- t__r 2024.
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ATTEST: ".' •••••• C:-f, BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. ;A •, CLERK COLLIER OUNTY, FLORIDA
.3:
By: - ... By:
AtAttest as o,:�t1>irman'
siasatu,r: • �beputy Clerk Chris Hall, Chairman
Approved as to form and legality: fhns ordinance filed with the
S .cretary of S t Office the
,�j 20 day of 7tr , -G
t. " and acknowledgement
nt of that
Heidi Ashton-Cicko fiiin r� ry ceed this _ y day
Managing Assistant County Attorney of ( �_. G
By
c
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RON DESANTIS
Governor
CORD BYRD
Secretary of State
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
October 1, 2024
Crystal K. Kinzel, Clerk of Court
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, FL 34112
Dear Ms. Kinzel,
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2024-40, which was filed in this office on September 30,
2024.
Sincerely,
Alexandra Leijon
Administrative Code and Register Director
AL