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Agenda 07/08/2025 Item #16A 4 (Resolution: Plat and Replat review division)7/8/2025 Item # 16.A.4 ID# 2025-2261 Executive Summary Recommendation to approve a Resolution designating the Development Review Division as the responsible division to review plats and replats and designating administrative authority to the County Manager, Deputy County Manager, Community Development Department Head, Development Review Director and/or Zoning Division Director to administratively approve, approve with conditions, or deny proposed subdivision plats or replats including the signing of plats and construction and maintenance agreements in accordance with updates to Florida Statute 177.071, on behalf of the Board of County Commissioners. OBJECTIVE: To have the Board of County Commissioners (Board) approve a resolution to designate the Development Review Division as the responsible division to review plats and replats and to designate administrative authority to the County Manager, Deputy County Manager, Community Development Department Head, Development Review Director and/or Zoning Division Director to administratively approve, approve with conditions, or deny subdivision plats or replats, and to authorize the designee to sign the plat/replat and the Construction and Maintenance Agreement on behalf of the Board. CONSIDERATIONS: The Development Review Division within the Growth Management Community Development Department, as the County Manager’s designee under Land Development Code (LDC) Section 10.02.04.B.3 is currently responsible for the review of the subdivision plat and replat process, including, but not limited to, engineering review, planning review, environmental review, and the County Surveyor review. Once approved by the Development Review Division, it is placed on the Board’s consent agenda for approval, along with the approval of the Construction Maintenance Agreement, the amount of the performance security for the required improvements per LDC Section 10.02.04.B.4. During the 2025 Legislative session, SB 784 was passed, which updated Section 177.071 of the Florida Statutes to require designation of administrative authority to receive, review, and process plat or replat submittals and designate the administrative authority responsible for administrative approval, approval with conditions, or denial of a proposed plat or replat. The statute also requires an administrative official to be designated by ordinance or resolution to sign plats on behalf of the Board. The statute defines the administrative authority as a "department, division, or other agency of the county or municipality...the term also includes an administrative officer or employee designated by the governing body of a county or municipality, including but not limited to a county administrator or manager, deputy county administrator or manager, or other high-ranking county or city department or division director with direct or indirect oversight responsibility for the county's land development, housing, utilities or public works programs." As such, the following positions would be authorized to sign the plat/replat and the Construction and Maintenance Agreement on behalf of the Board: County Manager, Deputy County Manager, Growth Management Community Development Department Head, Development Review Division Director and/or the Zoning Division Director. LDC amendments will be forthcoming to update the LDC with reference to these statutory changes. The following people currently hold these positions: Amy Patterson, County Manager; Ed Finn, Deputy County Manager; James French, Community Development Department Head; Jaime Cook, Development Review Director; and Michael Bosi, Zoning Division Director. Staff proposes that the Development Review Division within the Growth Management Community Development Department continue to review and process plat or replat submittals after Client Services of the Growth Management Community Development Department deems the application complete. This item is consistent with the Collier County strategic plan objective to operate an efficient and customer focused permitting process. FISCAL IMPACT: Thre is no fiscal impact to the County associated with this action; the cost of recording fees are borne by the developer. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. Page 1494 of 4096 7/8/2025 Item # 16.A.4 ID# 2025-2261 LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. -HFAC RECOMMENDATIONS: To approve a Resolution designating the Development Review Division as the responsible division to review and process plats and replats and designating the County Manager, Deputy County Manager, Community Development Department Head, Development Review Director and/or Zoning Division Director to administratively approve, approve with conditions, or deny subdivision plats/replats and to sign the plat/replat and the Construction and Maintenance Agreement on behalf of the Board of County Commissioners. PREPARED BY: Jaime Cook, Director, Development Review Division, Growth Management Community Development Department ATTACHMENTS: 1. Resolution-designation of administrative authority 7-1-25 2. SB 784_Florida Statute 177.071 Page 1495 of 4096 [25-LDS-00372/1955695/1]4 7/1/25 1 of 2 RESOLUTION NO. 2025-____ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA DESIGNATING THE DEVELOPMENT REVIEW DIVISION WITHIN THE GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT AS THE ADMINISTRATIVE AUTHORITY TO REVIEW AND PROCESS PLAT OR REPLAT SUBMITTALS, AND DESIGNATE THE COUNTY MANAGER, DEPUTY COUNTY MANAGER, COMMUNITY DEVELOPMENT DEPARTMENT HEAD, DEVELOPMENT REVIEW DIRECTOR AND/OR ZONING DIVISION DIRECTOR AS THE ADMINISTRATIVE AUTHORITY TO ADMINISTRATIVELY APPROVE, APPROVE WITH CONDITIONS, OR DENY PROPOSED SUBDIVISION PLATS OR REPLATS AND SIGN THE PLAT/REPLAT AND CONSTRUCTION AND MAINTENANCE AGREEMENT IN ACCORDANCE WITH FLORIDA STATUTE SECTION 177.071(1)(a), ON BEHALF OF THE BOARD OF COUNTY COMMISSIONERS. WHEREAS, the Development Review Division within the Growth Management Community Development Department as the County Manager’s designee under Land Development Code (LDC) Section 10.02.04.B.3 is currently responsible for the review of the subdivision plat and replat process, including, but not limited to, engineering review, planning review, environmental review, and the County Surveyor review; and WHEREAS, the LDC requires the Board of County Commissioners to consider approval of a subdivision plat, along with the approval of the Construction Maintenance Agreement, and approve the amount of the performance security for the required improvements, based on the estimate of probable cost; and WHEREAS, during the 2025 Legislative session, Senate Bill 784 was approved, which updated Section 177.071(1)(a) of the Florida Statutes to require administrative approval, approval with conditions, or denial of a proposed plat or replat. WHEREAS, the Board desires to comply with the statute by designating the reviewing division and those persons authorized to administratively approve, approve with conditions, or deny subdivision plats or replats pursuant to Florida Statutes Section 177.071(1)(a). NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Development Review Division within the Growth Management Community Development Department is designated as the Administrative Authority to review and Page 1496 of 4096 [25-LDS-00372/1955695/1]4 7/1/25 2 of 2 process the plat or replat submittal pursuant to Florida Statutes Section 177.071(1)(a) after the Client Services team of the Growth Management Community Development Department receives the application and deems the it complete. 2. The County Manager, Deputy County Manager, Community Development Department Head, Development Review Director and/or Zoning Division Director are each delegated authority to administratively approve, approve with conditions, or deny subdivision plats or replats pursuant to Florida Statutes Section 177.071(1)(a), and to execute the plat/replat and the Construction and Maintenance Agreement, on behalf of the Board. This Resolution adopted after motion, second and majority vote favoring same, this ______ day of ______________, 2025. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: __________________________ By: _________________________________ , Deputy Clerk Burt L. Saunders, Chairman Approved as to form and legality: __________________________ Heidi Ashton-Cicko Managing Assistant County Attorney Page 1497 of 4096 ENROLLED 2025 Legislature CS for CS for CS for SB 784 2025784er Page 1 of 5 CODING: Words stricken are deletions; words underlined are additions. 1 An act relating to platting; amending s. 177.071, 2 F.S.; requiring that certain plat or replat submittals 3 be administratively approved with no further action by 4 certain entities under certain circumstances; 5 requiring the governing body of such county or 6 municipality to designate an administrative authority 7 to receive, review, and process plat or replat 8 submittals; providing requirements for such 9 designation; defining the term “administrative 10 authority”; requiring the administrative authority to 11 submit a certain notice to an applicant; providing 12 requirements for such notice; requiring the 13 administrative authority to approve, approve with 14 conditions, or deny a plat or replat submittal in 15 accordance with the timeframe in the initial written 16 notice to the applicant; requiring the administrative 17 authority to notify the applicant in writing if it 18 declines to approve a plat or replat submittal; 19 requiring that the written notification contain the 20 reasons for denial and other information; prohibiting 21 the administrative authority or other official, 22 employee, agent, or designee from requesting or 23 requiring that the applicant request an extension of 24 time; amending s. 177.111, F.S.; conforming provisions 25 to changes made by the act; providing an effective 26 date. 27 28 Be It Enacted by the Legislature of the State of Florida: 29 Page 1498 of 4096 ENROLLED 2025 Legislature CS for CS for CS for SB 784 2025784er Page 2 of 5 CODING: Words stricken are deletions; words underlined are additions. 30 Section 1. Section 177.071, Florida Statutes, is amended to 31 read: 32 177.071 Administrative approval of plats plat by designated 33 county or municipal official governing bodies.— 34 (1)(a) A plat or replat submitted under this part must be 35 administratively approved and no further action or approval by 36 the governing body of a county or municipality is required if 37 the plat or replat complies with the requirements of s. 177.091. 38 The governing body of the county or municipality shall 39 designate, by ordinance or resolution, an administrative 40 authority to receive, review, and process the plat or replat 41 submittal, including designating an administrative official 42 responsible for approving, approving with conditions, or denying 43 the proposed plat or replat. 44 (b) As used in this section, the term “administrative 45 authority” means a department, division, or other agency of the 46 county or municipality. For purposes of issuing a final 47 administrative approval of a plat or replat submittal, the term 48 also includes an administrative officer or employee designated 49 by the governing body of a county or municipality, including but 50 not limited to, a county administrator or manager, a city 51 manager, a deputy county administrator or manager, a deputy city 52 manager, an assistant county administrator or manager, an 53 assistant city manager, or other high-ranking county or city 54 department or division director with direct or indirect 55 oversight responsibility for the county’s or municipality’s land 56 development, housing, utilities, or public works programs. 57 (2) Within 7 business days after receipt of a plat or 58 Page 1499 of 4096 ENROLLED 2025 Legislature CS for CS for CS for SB 784 2025784er Page 3 of 5 CODING: Words stricken are deletions; words underlined are additions. replat submittal, the administrative authority shall provide 59 written notice to the applicant acknowledging receipt of the 60 plat or replat submittal and identifying any missing documents 61 or information necessary to process the plat or replat submittal 62 for compliance with s. 177.091. The written notice must also 63 provide information regarding the plat or replat approval 64 process, including requirements regarding the completeness of 65 the process and applicable timeframes for reviewing, approving, 66 and otherwise processing the plat or replat submittal. 67 (3) Unless the applicant requests an extension of time, the 68 administrative authority shall approve, approve with conditions, 69 or deny the plat or replat submittal within the timeframe 70 identified in the written notice provided to the applicant under 71 subsection (2). If the administrative authority does not approve 72 the plat or replat, it must notify the applicant in writing of 73 the reasons for declining to approve the submittal. The written 74 notice must identify all areas of noncompliance and include 75 specific citations to each requirement the plat or replat 76 submittal fails to meet. The administrative authority, or an 77 official, an employee, an agent, or a designee of the governing 78 body, may not request or require the applicant to file a written 79 extension of time. 80 (4)(1) Before a plat or replat is offered for recording, it 81 must be administratively approved as required by this section by 82 the appropriate governing body, and evidence of such approval 83 must be placed on the plat or replat. If not approved, the 84 governing body must return the plat or replat to the 85 professional surveyor and mapper or the legal entity offering 86 the plat or replat for recordation. For the purposes of this 87 Page 1500 of 4096 ENROLLED 2025 Legislature CS for CS for CS for SB 784 2025784er Page 4 of 5 CODING: Words stricken are deletions; words underlined are additions. part: 88 (a) When the plat or replat to be submitted for approval is 89 located wholly within the boundaries of a municipality, the 90 governing body of the municipality has exclusive jurisdiction to 91 approve the plat or replat. 92 (b) When a plat or replat lies wholly within the 93 unincorporated areas of a county, the governing body of the 94 county has exclusive jurisdiction to approve the plat or replat. 95 (c) When a plat or replat lies within the boundaries of 96 more than one county, municipality, or both governing body, two 97 plats or replats must be prepared and each county or 98 municipality governing body has exclusive jurisdiction to 99 approve the plat or replat within its boundaries, unless each 100 county or municipality with jurisdiction over the plat or replat 101 agrees the governing bodies having said jurisdiction agree that 102 one plat is mutually acceptable. 103 (5)(2) Any provision in a county charter, or in an 104 ordinance of any charter county or consolidated government 105 chartered under s. 6(e), Art. VIII of the State Constitution, 106 which provision is inconsistent with anything contained in this 107 section shall prevail in such charter county or consolidated 108 government to the extent of any such inconsistency. 109 Section 2. Section 177.111, Florida Statutes, is amended to 110 read: 111 177.111 Instructions for filing plats plat.—After the 112 approval by the appropriate administrative authority governing 113 body required by s. 177.071, the plat or replat must shall be 114 recorded by the circuit court clerk or other recording officer 115 upon submission thereto of such approved plat or replat. The 116 Page 1501 of 4096 ENROLLED 2025 Legislature CS for CS for CS for SB 784 2025784er Page 5 of 5 CODING: Words stricken are deletions; words underlined are additions. circuit court clerk or other recording officer shall maintain in 117 his or her office a book of the proper size for such papers so 118 that they will shall not be folded, to be kept in the vault. A 119 print or photographic copy must be filed in a similar book and 120 kept in his or her office for the use of the public. The clerk 121 shall make available to the public a full size copy of the 122 record plat or replat at a reasonable fee. 123 Section 3. This act shall take effect July 1, 2025. 124 Page 1502 of 4096