Agenda 05/13/2025 Item #16K 9 (The County Attorney to advertise and bring back for a public hearing an Ordinance amending the Animal Control Ordinance)5/13/2025
Item # 16.K.9
ID# 2025-1467
Executive Summary
Recommendation to direct the County Attorney to advertise and bring back for a public hearing an Ordinance amending
the Animal Control Ordinance by amending the definition of Hobby Breeder and permit requirements and process.
OBJECTIVE: To better regulate Hobby Breeders.
CONSIDERATIONS:
The proposed ordinance does the following:
1. Changes the definition of Hobby Breeder to better specify the type of business regulated.
2. Requires a Hobby Breeder to obtain a permit and provides for remedies should a Hobby Breeder not
register.
3. Authorizes the County Manager or designee to deny, suspend, or revoke a permit under stated criteria.
4. Provides a remedy to the Hobby Breeder should the permit be denied, suspended or revoked, by
appeal of the decision to the Special Magistrate, with a final order of the Special Magistrate
appealable to the Collier County Circuit Court.
5. Provides for a fine up to $500 upon failure to obtain the required permit.
FISCAL IMPACT: There is no fiscal impact associated with this action.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action.
LEGAL CONSIDERATIONS: This item was prepared by the County Attorney, is approved as to form and legality
and requires majority vote for approval. – JAK
RECOMMENDATIONS: For the Board to direct the County Attorney to advertise and bring back for a public hearing
an ordinance amending the Animal Control Ordinance.
PREPARED BY: Jeffrey A. Klatzkow
ATTACHMENTS:
1. Ordinance Hobby Breeder - JAK 4-30
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ORDINANCE NO. 2025-_____
AN AMENDMENT TO ORDINANCE 2013-33, AS AMENDED
BY BOTH ORDINANCE 2018-33 AND BY ORDINANCE
2024-26, KNOWN AS THE COLLIER COUNTY ANIMAL
CONTROL ORDINANCE; PROVIDING FOR AN
AMENDMENT TO SECTION THREE OF ORDINANCE
2013-33 BY AMENDING THE DEFINITION OF A HOBBY
BREEDER; PROVIDING FOR AN AMENDMENT TO THE
STANDARD OF CARE BY AMENDING THE PERMIT
REQUIREMENTS AND PROCESS; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES;
AND PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA:
WHEREAS, on May 14, 2013, the Board of County Commissioners of Collier County
(“Board”) adopted Ordinance No. 2013-33, the Collier County Animal Control Ordinance, which
was further amended by Ordinance No. 2018-33; which was further amended by 2024-26; and
WHEREAS, the Board wishes to update the Ordinance in order to better regulate Hobby
Breeders by strengthening enforcement and permit provisions.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY FLORIDA, THAT:
SECTION ONE: Amendment of Section Three of Ordinance 2013-33, Definitions, is hereby
amended as follows:
Hobby Breeder means any person or entity who intentionally or unintentionally causes or allows
the breeding or studding of one (1) or more domestic cat(s) or dog(s), producing one (1) to two (2)
litters per household or premises per one-year period, excepting service dog organizations that are
members of Assistance Dogs International., at or adjoining a private residence for the purpose of
selling or otherwise transferring ownership of offspring; retaining offspring; improving the breed;
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exhibiting dogs or cats at shows operated by a national, state, or local recognized organization; or
raising service animals or animals used for law enforcement or other types of work. A Hobby
Breeder that sells or places more than two (2) litters per one-year period per household or premises
shall be deemed to be a Pet Dealer. Service dog organizations that are members of Assistance Dogs
International or the International Guide Dog Federation are not considered Hobby Breeders or Pet
Dealers.
SECTION TWO: Amendment of Sec. 14 of Ordinance 2018-33, Standards of care, is hereby
amended as follows:
******
7. Every person who owns or operates as a Hobby Breeder, an animal-related business
or animal-related organization shall obtain a permit from the County Manager or designee. No
person shall operate, solicit business, or advertise as a Hobby Breeder, an animal-related business
or as an animal-related organization without first obtaining a permit issued by the County. A fee
will be charged for the permit. Permit fees shall be established and revised by resolutions of the
Board of County Commissioners. The County Manager or designee shall issue an animal-related
business or organization permit after receipt of this fee and inspection of the business or
organization premises if he determines that the premises meet all established standards and
regulations. The permit shall be displayed within the licensed premises at a place where it is
clearly visible to the public. An animal-related business or organization permit is valid for one (1)
calendar year and must be renewed annually. Renewal applications must be made thirty (30) days
prior to expiration of the permit. Permits are not transferable or refundable. The Board shall by
resolution establish late fees for untimely permit renewal applications. Failure to timely apply for
a permit may result in a lapse in the permit. Each applicant shall be required as part of the
application process to submit a sworn or affirmed statement that they are in compliance with all
permit requirements and standards. Each applicant shall disclose all permitted activities and apply
for a combination permit if they engage in more than one type of permitted activity (i.e.. pet shop,
boarding, grooming, doggy daycare, etc.). The applicant for a combined permit shall be required
to meet the standards for each type of activity. Failure to obtain the required Commercial or Hobby
Breeder permit within 30 days shall constitute a violation of this ordinance and may be fined up to
$500.
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10. The County Manager or designee shall have the authority to deny, suspend, or
revoke a permit, as issued under this Section if the County Manager or designee determines that
one of the following has occurred:
A. There has been a material misstatement or misrepresentation in the permit
application, or the permit has been transferred in an effort to avoid the requirements of this chapter;
B. The permit holder/applicant/corporation/officer of the corporation has been cited
for at least two (2) major violations or five (5) minor violations, within a five-year period, each
resulting in the imposition of a fine;
C. The permit holder/applicant has outstanding and unsatisfied civil penalties imposed
due to a violation of this chapter;
D. The permit holder/applicant or a member of the household if a home-based business
has been convicted of a violation of law involving cruelty to animals;
E. An animal under the care and responsibility of a permit holder/applicant has been
found to be in need of immediate veterinary care that, if not treated, would result in suffering, pain,
or death;
F. The permit holder/applicant and/or his/her/its employees/agents refuse to allow
inspection of the premises;
G. The permit holder/applicant or a member of the household if a home-based business
has had a final judgement entered against him/her/it based upon a finding of animal neglect or
mistreatment pursuant to Florida Statutes § 828.073 or comparable statute; or
H. The permit holder/applicant knowingly employs or employed an employee who has
been convicted of a violation of law involving cruelty to animals or who has had a final judgement
against him/her based upon a finding of animal neglect or mistreatment pursuant to Florida
Statutes § 828.073 or comparable statute.
The County Manager or designee shall notify the permit holder of the denial, suspension, or
revocation of the permit in writing. Any person who has been denied a permit or whose permit
has been revoked or suspended may appeal this action in a court of competent jurisdiction The
denial, revocation, or suspension of the permit shall automatically become final unless the permit
holder/applicant within thirty twenty calendar days from the date of notice the written decision,
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files a written request for a hearing to challenge the County Manager or designee’s initial decision.
The written request must be submitted to the County Manager or designee. The hearing shall be
held before the Special Magistrate within 60 days of the date the written request was received by
the County Manager or designee. The parties may agree to extend this date if both parties agree.
The Special Magistrate may uphold or overturn the County Manager or designee’s initial decision.
The permit holder/applicant may re-apply for a new permit once the reason for the denial,
revocation, or suspension has been corrected, if applicable. The permit holder/applicant may
appeal an adverse final order of the Special Magistrate to the Collier County Circuit Court within
thirty (30) days of the execution of the Order appealed.
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
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.
SECTION FIVE: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ____day of _____________, 2025.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crysal Kinzel, Clerk COLLIER COUNTY, FLORIDA
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By: By:
, Deputy Clerk Burt L. Saunders, Chair
Approved as to form and legal sufficiency:
_______________________________
Jeffrey A. Klatzkow, County Attorney
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