Agenda 06/24/2025 Item #16A7 (Advertise and bring back an Ordinance amending the Land Development Code to allow an applicant of a land use petition that requires a Neighborhood Information Meeting (NIM) the option of advertising the NIM on6/24/2025
Item # 16.A.7
ID# 2025-1936
Executive Summary
Recommendation to direct staff to advertise and bring back an Ordinance amending the Land Development Code to
allow an applicant of a land use petition that requires a Neighborhood Information Meeting (NIM) the option of
advertising the NIM on the County Clerk's, PL20250000524.
OBJECTIVE: To advertise and bring back an Ordinance amending the Land Development Code, to allow an applicant
of a land use petition that requires a Neighborhood Information Meeting (NIM), the option of advertising the NIM on
the County Clerk's website.
CONSIDERATIONS: In Florida, the requirement for legal notices and advertisements to be provided in newspapers
dates to the mid-nineteenth century. The Florida Constitution currently requires that all meetings of a collegial public
body, at which official acts are to be taken, or public business of such body is to be transacted or discussed, be open to
the public and properly noticed.
Historically, the method of advertising legal notices has been done using printed versions only. However, Florida law
changed in 2012, when Section 50.0211 of the Florida Statutes was created, in part, to also require that legal notices be
placed on a newspaper’s website on the same day the notice appears in the printed edition, contingent upon a newspaper
having and maintaining a website. In 2022, the Florida Statutes were further amended to allow governmental agencies
the option of publishing legal notices on a publicly accessible website of a county instead of in a printed newspaper or
on a newspaper’s website. The publicly accessible website was defined by House of Florida Representatives Bill 7049
as “a county’s official website or other private website designated by the county for the publication of legal notices and
advertisements that is accessible via the Internet.” A governmental agency may use the County’s website if the cost of
publishing advertisements on the website is less than the cost of publishing in the newspaper.
In 2023, the Board desired to amend the Code of Laws and Ordinances to allow advertisements, publications, and
notices to be published on a publicly accessible website, as allowed by Chapter 50 of the Florida Statutes. The Board of
County Commissioners (Board) adopted Ordinance 2023-37, which defined “Publicly accessible website” as “the
county’s official website or other private website designated by the county for the publication of legal notices and
advertisements that is accessible via the Internet.” The adopted ordinance also included supporting provisions related to
the publication of legal advertisements and public notices. On January 10, 2023, the Board designated the Clerk of the
Circuit Court’s public notice website as the County’s official website for the publication of legal advertisements and
public notices.
In Collier County, there are many types of land use applications that require public hearings, and many of these require
the petitioner to conduct a NIM. The NIM requirement was first established in Collier County in 2001, and the purpose
and intent of a NIM is to provide the public with notice of an impending zoning application and to foster communication
between the petitioner and the public. The petitioner is required to conduct a NIM at least 15 days prior to the first
public hearing. Each time a petitioner conducts a qualifying NIM, they are compelled to publicly notice it by
advertising in a newspaper. However, because the County requires the petitioner to conduct a NIM as part of its
application process, staff feels it is a reasonable courtesy to allow the petitioner the option of advertising the NIM on the
County’s website in lieu of advertising in the newspaper, similar to the method used by the County when advertising
proposed ordinances, both County-initiated and privately initiated. Advertising on the County’s website for an
upcoming NIM may provide petitioners a cost savings and added convenience. The County’s NIM process and its
required advertising are not addressed by the Florida Statutes, and if the Board decides to extend this courtesy to the
petitioners, it will be necessary to amend the LDC.
LDC amendments are reviewed by the Board of County Commissioners (Board), the Collier County Planning
Commission (CCPC), the Development Services Advisory Committee (DSAC), and the Land Development Review
Subcommittee of the DSAC (DSAC-LDR Subcommittee). This LDC amendment will have a companion amendment to
the Collier County Administrative Code for Land Development.
DSAC-LDR Subcommittee Recommendation: On March 18, 2025, the DSAC-LDR Subcommittee recommended
approval of the LDC amendment, contingent upon:
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6/24/2025
Item # 16.A.7
ID# 2025-1936
1) removing “on the website” from the proposed administrative code amendment as it relates to when the public
notice is first published and
2) staff verifying that the cited Florida Statutes are correct. The presentation material included proposed edits to the
Collier County Administrative Code for Land Development.
DSAC Recommendation: On April 2, 2025, the DSAC recommended approval of the LDC amendment, including the
changes presented by staff. The presentation material included proposed edits to the Collier County Administrative Code
for Land Development.
CCPC Recommendation: On May 15, 2025, the CCPC recommended approval of the LDC amendment. The
presentation material included proposed edits to the Collier County Administrative Code for Land Development.
This item is consistent with the Collier County Strategic Plan objective of responsible governance to lead by example
with positive and purpose-driven actions.
FISCAL IMPACT: There are no anticipated fiscal impacts on the County except for the cost of advertising an
ordinance amending the LDC. The cost associated with advertising the Ordinance on the County Clerk's website is
estimated at $50.00. Funds have been allocated within the Unincorporated General Fund (1011) and the Comprehensive
Planning Cost Center (138317). If the Ordinance is adopted to advertise a NIM on the County's website, the County
Clerk will accept a fee from the petitioner commensurate with the service provided.
GROWTH MANAGEMENT IMPACT: No growth management impact is associated with this action.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and
legality and requires a majority vote for approval. -JAK
RECOMMENDATIONS: To direct staff to advertise and bring back an Ordinance amending the Land Development
Code.
PREPARED BY: Eric L. Johnson, AICP, LDC Planning Manager, Zoning Division
ATTACHMENTS:
1. LDCA (05-16-2025)
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20250000524
SUMMARY OF AMENDMENT
To amend the Land Development Code (LDC) to allow applicants of land use
petitions, which require a Neighborhood Information Meeting (NIM), the option
of advertising the NIM on the County Clerk website instead of in a newspaper or
other qualifying printed publication. LDC amendments are reviewed by the Board
of County Commissioners (Board), Collier County Planning Commission
(CCPC), Development Services Advisory Committee (DSAC), and the Land
Development Review Subcommittee of the DSAC (DSAC-LDR).
ORIGIN
Growth Management
Community Department
(GMCD)
HEARING DATES LDC SECTION TO BE AMENDED
Board TBD 10.03.05
Required Methods of Providing Public Notice
CCPC 05/15/2025
DSAC 04/02/2025
DSAC-LDR 03/18/2025
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
Approval with recommendations
DSAC
Approval
CCPC
Approval
BACKGROUND
In Florida, the requirement for legal notices and advertisements be provided in newspapers dates to the mid-
nineteenth century. The Florida Constitution currently requires that all meetings of a collegial public body, at
which official acts are to be taken or public business of such body is to be transacted or discussed, be open to the
public and properly noticed.
Historically, the method of advertising legal notices has been done using printed versions only. However, Florida
law changed in 2012, when Section 50.0211 of the Florida Statutes was created, in part, to also require that legal
notices be placed on a newspaper’s website on the same day the notice appears in the printed edition, contingent
upon a newspaper having and maintaining a website. In 2022, the Florida Statutes were further amended to allow
governmental agencies the option of publishing legal notices on a publicly accessible website of a county instead
of in a printed newspaper or on a newspaper’s website. The publicly accessible website was defined by House
of Florida Representatives Bill 7049 as “a county’s official website or other private website designated by the
county for the publication of legal notices and advertisements that is accessible via the Internet.” A governmental
agency may use the county’s website if the cost of publishing advertisements on the website is less than the cost
of publishing in the newspaper. The current cost of advertising an ordinance in the Naples Daily News is
approximately $1,008.00, which is markedly higher than advertising on the County Clerk’s website—
approximately $50.00. Furthermore, some types of Land Development Code amendments (ordinances) require
two separate public hearings, which means that two separate printed advertisements are often done. Because the
cost of advertising on the County’s website is significantly less than the cost of advertising in the newspaper,
GMCD staff has begun to systematically advertise ordinances on the County Clerk’s website instead of in the
newspaper—as a means of reducing the burden to the taxpayers.
In 2023, the Board desired to amend the Code of Laws and Ordinances to allow advertisements, publications, and
notices to be published on a publicly accessible website, as allowed by Chapter 50 of the Florida Statutes. The
Board adopted Ordinance 2023-37, which defined “Publicly accessible website” as “the county’s official website
or other private website designated by the county for the publication of legal notices and advertisements that is
accessible via the Internet.” The adopted ordinance also included supporting provisions related to the publication
of legal advertisements and public notices. On January 10, 2023, the Board designated the Clerk of the Circuit
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Court’s public notice website as the County’s official website for the publication of legal advertisements and
public notices.
In Collier County, there are many types of land use applications that require public hearings, and many of these
require the petitioner to conduct a Neighborhood Information Meeting (NIM). The NIM requirement was first
established in Collier County in 2001, and the purpose and intent of a NIM is to provide the public with notice of
an impending zoning application and to foster communication between the petitioner and the public. The
petitioner is required to conduct a NIM at least 15 days prior to the first public hearing. Each time a petitioner
conducts a qualifying NIM, they are compelled to publicly notice it by advertising in a newspaper. However,
because the County requires the petitioner to conduct a NIM as part of its application process, staff feels it is a
reasonable courtesy to allow the petitioner the option of advertising the NIM on the County’s website in lieu of
advertising in the newspaper, similar to the method used by the County when advertising proposed ordinances,
both County-initiated and privately initiated. Advertising on the County’s website for an upcoming NIM may
provide petitioners a cost savings and added convenience. The County’s NIM process and its required advertising
are not addressed by the Florida Statutes, and if the Board decides to extend this courtesy to the petitioners, it will
be necessary to amend the LDC.
DSAC-LDR Subcommittee Recommendation: On March 18, 2025, the DSAC-LDR Subcommittee recommended
approval of the LDC amendment, contingent upon 1) removing “on the website” from the proposed administrative
code amendment as it relates to when the public notice is first published; and 2) staff verifying that the cited
Florida Statutes are correct.
DSAC Recommendation: On April 2, 2025, the DSAC recommended approval of the LDC amendment including
the changes presented by staff.
CCPC Recommendation: On May 15, 2025, the CPPC recommended approval of the LDC amendment.
FISCAL & OPERATIONAL IMPACTS
There will be no additional fiscal impacts to
County. To advertise a NIM on the County’s
website, the County Clerk will accept a fee from
the petitioner commensurate with the service
provided.
GMP CONSISTENCY
The proposed LDC amendment has been reviewed by
Comprehensive Planning staff and may be deemed
consistent with the GMP.
EXHIBITS: A) Changes to Adminstrative Code; B) County Clerk website; C) F.S. Chapter 50 – Legal and
Official Advertisements
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Amend the LDC as follows:
1
10.03.05 – Required Methods of Providing Public Notice 2
3
This section shall establish the required methods of providing public notice. Chapter 8 of 4
the Administrative Code shall establish the public notice procedures for land use petitions. 5
6
A. Neighborhood Information Meeting (NIM). Neighborhood Information Meetings, when 7
required, shall be held prior to the first public hearing, noticed as follows, and subject to 8
the Rules of Decorum: 9
10
1. Mailed Notice shall be sent prior to the NIM and shall be pursuant to LDC section 11
10.03.05 B. 12
13
2. Publication of Legal Advertisement prior to the NIM. Advertisements for NIMs may 14
be published on the official website of Collier County or in a newspaper in the 15
manner described in F.S. section 50.011. 16
17
3. Rules of Decorum. The purpose and intent of a NIM is to provide the public with 18
notice of an impending land use petition and to foster communication between the 19
petitioner and the public. To promote increased participation and convenience to 20
the interested members of the public, all NIMs shall be conducted at a physical 21
location, to allow for in-person attendance, and virtually, utilizing 22
videoconferencing technology. The expectation is that all NIM attendees will 23
conduct themselves in such a manner that their presence will not interfere with the 24
orderly progress of the meeting. The petitioner is encouraged to provide a licensed 25
and qualified security detail for in-person meetings, which will be at the petitioner's 26
expense. If the petitioner or staff determines the NIM cannot be completed due to 27
the disorderly conduct of the members of the public, the petitioner shall have the 28
right to adjourn the NIM but be required to conduct another duly advertised NIM, 29
either in person or via videoconferencing technology, or both, at the petitioner's 30
discretion. 31
32
B. Mailed Notice. 33
34
1. Where required, Mailed Notice shall be sent to property owners in the notification 35
area as follows: 36
37
a. For areas in the urban designated area of the future land use element of 38
the Growth Management Plan notices shall be sent to all property owners 39
within 500 feet of the property lines of the subject property. 40
41
b. For all other areas, except areas designated in the Rural Golden Gate 42
Estates Sub-Element or Urban Golden Gate Estates Sub-Elements of the 43
Golden Gate Area Master Plan, notices shall be sent to all property owners 44
within 1,000 feet of the property lines of the subject property. 45
46
c. For areas designated within the Rural and Urban Golden Gate Estates 47
Sub-Elements of the Golden Gate Area Master Plan, notices shall be sent 48
to all property owners within one mile of the subject property lines, except 49
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for Estates (E) zoned variance applications, which shall be 1,000 feet of 1
the subject property lines. 2
3
d. Notices shall also be sent to property owners and condominium and civic 4
associations whose members may be impacted by the proposed land use 5
changes and who have formally requested the county to be notified. A list 6
of such organizations must be provided and maintained by the County, but 7
the applicant must bear the responsibility of ensuring that all parties are 8
notified. 9
10
2. For the purposes of this requirement, the names and addresses of property owners 11
shall be deemed those appearing on the latest tax rolls of Collier County. Unless 12
required by F.S. § 125.66(4), the mailed notice is a courtesy only and is not 13
jurisdictional. Accordingly, provided a good faith attempt for mailed notice is made, 14
failure to mail or to timely mail the notice or failure of an affected property owner 15
to receive mailed notice will not constitute a defect in notice or bar the public 16
hearing as scheduled. 17
18
C. Legal Advertisement. 19
20
1. 15 days prior to the public hearing in In accordance with F.S. § 125.66. 21
22
D. Posting of Signage. Where required, signs shall be posted 15 days prior to the first 23
advertised public hearing pursuant to the Administrative Code. 24
25
E. Agent Letter. Where required, an informational letter shall be sent by the owner or Agent 26
to property owners within 150 feet of the area covered by the petition following the initial 27
staff review comments for the petition and prior to the resubmittal of the petition to the 28
County. 29
30
31
* * * * * * * * * * * * * 32
# # # # # # # # # # # # # 33
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Exhibit A – Changes to Administrative Code
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Collier County Land Development Code | Administrative Procedures Manual
Chapter 8| Public Notice
B. Neighborhood Information Meeting
Purpose and Intent
Applicability
The purpose and intent of a Neighborhood Information Meeting (“NIM”) is to provide the
public with notice of an impending zoning application and to foster
communication between the petitioner and the public.
1. A NIM shall be conducted when:
a. The initial staff review and comment period on the application have
been completed; and
b. At least 15 days before the first public hearing is held, whether it is
the Planning Commission, Hearing Examiner, the BCC, or the BZA.
2. In addition to the above, the following shall also apply for small-scale
amendments and other site-specific comprehensive plan amendments:
a. The NIM is required before the Planning Commission transmittal hearing.
b. A second NIM is required if the County Manager or designee
determines that a substantial change has occurred to a proposed site -
specific comprehensive plan amendment following the BCC’s transmittal
hearing. The applicant must hold the second NIM before the Planning
Commission adoption hearing.
3. If the applicant’s petition activity extends beyond 1 year from the date of the
first NIM, a second NIM will be required and shall be noticed in accordance with
this chapter.
Notice
Requirements
The NIM shall be noticed as follows:
1. Mailed Notice: Written notice shall be sent to property owners in notification
area at least 15 days before the NIM meeting.
a. The applicant shall also provide written notice of the NIM to property
owners, condominium, and civic associations whose members may be
affected by the proposed land use change and who have formally
requested the County to be notified. Each mailed notice shall contain the
following:
“The purpose and intent of this Neighborhood Information Meeting is to
provide the public with notice of an impending zoning application and to
foster communication between the applicant and the public. The
expectation is that all attendees will conduct themselves in such a manner
that their presence will not interfere with the orderly progress of the
meeting.”
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Exhibit A – Changes to Administrative Code
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2. Legal Advertisement: The legal advertisement shall be published at least 15 days
before the NIM meeting. The advertisement shall include at a minimum:
a. Date, time, and location of the NIM meeting;
b. Petition name, number and applicant contact info;
c. Purpose of the NIM meeting;
d. Description of the proposed land uses; and
e. 2 in. x 3 in. map of the project location.
f. Date on which the advertisement or public notice was first published.
Location The applicant must arrange the location of the meeting. To promote increased
participation and convenience to the interested members of the public, all NIMs shall
be conducted at a physical location, to allow for in-person attendance, and virtually,
utilizing videoconferencing technology. The in-person location must be reasonably
convenient to the property owners who receive the required notice. The facilities must
be of sufficient size to accommodate the expected attendance.
Conduct of
Meeting and
Decorum
1. Conduct of Meeting: A Collier County staff planner or designee shall attend the NIM
and record all commitments made by the applicant during the meeting while
remaining neutral and providing clarification regarding the next steps the petition
must follow in the review process, including the anticipated future public hearings
that are associated with the petition. The applicant shall make a presentation of
how they intend to develop the subject property. The applicant is required to record
the NIM proceedings and provide an audible audio/video copy to the Zoning
Division, including a written summary. When video conferencing is used, it must
have the capability to capture the written comments from the attendees. These
written comments will be included in the written summary of the NIM.
The applicant must provide the following at the NIM for review and comment,
including but not limited to:
a. The proposed uses and density/intensity of the project;
b. The proposed Master Plan, when applicable; and
c. The current LDC zoning district uses and development regulations.
2. Decorum: The expectation is that all NIM attendees will conduct themselves in
such
manner that their presence will not interfere with the orderly progress of the
meeting. For in-person meetings, the applicant is encouraged to provide a licensed
and qualified security detail, which will be at the applicant’s expense. If the
applicant or staff planner determines the NIM cannot be completed due to the
disorderly conduct of the members of the public, the applicant shall have the right
to adjourn the NIM but be required to conduct another duly advertised NIM, either
in-person or via videoconferencing technology, or both, at the applicant’s
discretion.
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Exhibit A – Changes to Administrative Code
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Meeting Follow-Up 1. After a NIM is completed, the applicant will submit a written summary of the NIM
and any commitments that have been made to the assigned planner. These
commitments will:
a. Become part of the record of the proceedings;
b. Be included in the staff report for any subsequent review and approval
bodies; and
c. Be considered for inclusion in the conditions of approval of any applicable
development order.
2. The County staff planner or designee shall promptly post the written summary and
audio/video recording of the NIM to the County’s website for public inspection.
Updated Resolution 2023-211
D. Legal Advertisement
Applicability For applicable land use petitions, the legal advertisement shall be as follows.
A copy of the legal advertisement shall be kept available for public inspection during
regular business hours of the Office of Clerk to the Board of County Commissioners. The
notice of proposed enactment shall include where the proposed ordinance or resolution
may be inspected by the public. The notice shall also advise that interested parties may
appear at the meeting and be heard with respect to the proposed ordinance or
resolution.
Placement and
Content
The legal advertisement shall be published at least 15 days before each advertised public
hearing or on the official website of Collier County, as prescribed in F.S. section 50.011 .
The advertisement shall include at a minimum:
a. Date, time, and location of the hearing;
b. Petition name, number and applicant contact info;
c. Description of the proposed land uses; and
d. 2 in. x 3 in. map of the project location, as applicable.
e. Date on which the advertisement or public notice was first published.
Updated 2025-###
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Exhibit B – County Clerk’s Website
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Exhibit C – F.S. Chapter 50 – Legal and Official Advertisements
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Page 1166 of 3580
Exhibit C – F.S. Chapter 50 – Legal and Official Advertisements
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Exhibit C – F.S. Chapter 50 – Legal and Official Advertisements
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Page 1168 of 3580
Exhibit C – F.S. Chapter 50 – Legal and Official Advertisements
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Page 1169 of 3580
Exhibit C – F.S. Chapter 50 – Legal and Official Advertisements
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