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Backup Documents 08/26/2025 Item # 9B BCC August 2025 hnve•Q fo 0-4 r Hobby Breeder Ordinance Readvertisement From: vvai iva r.Jui Iyucz .vvdnda.Rodriguez@colliercountyfl.gov> Sent: Tuesday,July 29, 2025 12:16 PM To: Legal Notice Cc: BirdMadison Subject: ad request for continued item -Hobby Breeder Ordinance - 8/12/25 BCC Attachments: legal ad - Hobby Breeder Ordinance - (readvertisement) 8.12.25.pdf; Ordinance Hobby Breeder- JAK 4-30.pdf M&R: Item 9C on the 7/8/25 BCC agenda concerning the attached Hobby Breeder ordinance was continued to the 8/12/25 meeting, and the Board further directed that it be readvertised for that date.Accordingly, please post the attached legal ad (which is the same as the previous one except for the new hearing date)to the legal notice webpage, as soon as possible. The proposed ordinance is also attached. The prior attorney approval is below, and as this is a commissioner request, no staff approvals are required. Please acknowledge receipt, and advise how soon this may be posted. Thank you, Wanda Rodriguez, .ACP, CPN1 Office of the County .Attorney (239) 252-8400 jTIF! O dip P I Ig�Y1�1�111p11/►�y� COLLIER CONl�l i - EIMI a SINCE 1P!er From: Legal Notice<legalnotice@collierclerk.com> Sent:Wednesday, May 14, 2025 8:12 AM To:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Cc: Madison Bird <Madison.Bird@colliercountyfl.gov> Subject: RE: ad request-Hobby Breeder Ordinance-5/27/25 BCC EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Morning Wanda and Madison, Received and working on it now. Thank you, 1 Martha Vergara BMR&VAB Senior Clerk `.031T RT��o Office: 239-252-7240 . "104011 Fax: 239-252-8408 E-mail: Martha.Vergara@CollierClerk.com • Office of the Clerk of the Circuit Court �esOP & Comptroller of Collier County 3299 Tamiami Trail E, Suite#401 Naples, FL 34112 www.CollierClerk.com From:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Sent:Tuesday, May 13, 2025 4:27 PM To: Legal Notice<legalnotice@collierclerk.com> Cc: BirdMadison<Madison.Bird@colliercountyfl.gov> Subject:ad request-Hobby Breeder Ordinance-5/27/25 BCC Good afternoon, Please publish the attached legal ad and BIE on the website on Friday, May 16, through the hearing date. Attorney approval is below, and as this is a commissioner request, no staff approvals are required. Please acknowledge receipt. Thank you, Wanda Rodriguez, .ACP, CP.W1 Office of the County Attorney (239) 252-8400 LERTIF/f� Agar-9P PL0A1DA'S �►�y ��p�/NE y Program COWER COIF SINCE Certified PSt. Manager 2 -5 Ow sem* From:Jeff Klatzkow<Jeff.Klatzkow@colliercountyfl.gov> Sent:Tuesday, May 13, 2025 4:17 PM To: Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Cc: Madison Bird <Madison.Bird@colliercountyfl.gov> Subject: RE: for your approval -RE: Advertising-Hobby Breeder Ordinance Approved. Jeffrey A. Klatzkow Collier County Attorney (239) 252-2614 2 From:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Sent:Tuesday, May 13, 2025 3:42 PM To:Jeff Klatzkow<Jeff.Klatzkow@colliercountyfl.gov> Cc: Madison Bird <Madison.BirdCa@colliercountyfl.gov> Subject:for your approval -RE: Advertising-Hobby Breeder Ordinance Jeff, Finalized versions of the legal ad and BIE are attached, for your approval. Thanks, Wanda Rodriguez, MCP, CPN1 Office of the County Attorney (239) 252-8400 couriFito MOW K Y SWIG AC P Program councourf Certified Public Manager SINCE 2005 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. This electronic communication contains information intended solely for the named addressee(s). If you have received this communication in error, please forward the email in its entirety to the Clerk's Office at collierclerk@collierclerk.com and delete the email. Under Florida Law, email addresses are public. 3 R NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners commencing at 9:00 a.m.on August 12,2025 in the Board of County Commissioners meeting room,third floor,Collier Government Center,3299 East Tamiami Trail,Naples,FL,to consider: 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. A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed.Individual speakers will be limited to 3 minutes on any item.The selection of an individual to speak on behalf of an organization or group is encouraged.If recognized by the Chairman,a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of 7 days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement,the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountvfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County web site. Registration should be done in advance of the public meeting or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting.Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues.For additional information about the meeting,please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance.Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101,Naples, FL 34112-5356, (239)252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Burt L. Saunders,Chairman CRYSTAL K. KINZEL, CLERK By: ,Deputy Clerk 98 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; 1 B u 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 Breeders 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. 2 B ;:rs Sr 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 thift=y twenty calendar days from the date of notice the written decision, 3 3 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 4 9B By: By: , Deputy Clerk Burt L. Saunders, Chair Approved as to form and legal sufficiency: Jeffrey A. Klatzkow, County Attorney 5 B Martha S. Vergara From: Wanda Rodriguez <Wanda.Rodriguez@colliercountyfl.gov> Sent: Tuesday, August 5, 2025 4:02 PM To: Legal Notice; Martha S. Vergara Subject: RE: ad request for continued item - Hobby Breeder Ordinance - 8/26/25 BCC Attachments: RE: Question about the Hobby Breeder item; legal ad - Hobby Breeder Ordinance (continued to 8.26.25).pdf; Ordinance Hobby Breeder-JAK 4-30.pdf Hi Martha, As discussed, the August 12th BCC meeting will be held in absentia, and the advertised items have been continued to the 8/26/25 meeting. I have been requested by Jeff Klatzkow(see attached email string)to have the currently posted ad for the Hobby Breeder Ordinance immediately removed from the web page, and replaced by the attached ad with the revised hearing date of 8/26/25.This is the only change to the ad. Please let me know if you need anything else to make this change. Thank you so much for your assistance! -Wanda Rodriguez, MCP, CPN1 Office of the County .Attorney (239) 252-8400 LERTIF/f� 'p FLORIDA, PROW ACENG P ' iProBT� commuting SINCE Certified•a.*Publ Manager 205 «n.u.s.w a.m.', From: Legal Notice<Iegalnotice@collierclerk.com> Sent:Tuesday,July 29, 2025 1:50 PM To: Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Cc: Madison Bird <Madison.Bird@colliercountyfl.gov> Subject: RE: ad request for continued item -Hobby Breeder Ordinance-8/12/25 BCC EXTERNAL EMAIL:This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hi Wanda, This ad has been posted and will start on the website on 7/31/25. Thank you, Martha i From:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> 9 B Sent:Tuesday,July 29, 2025 12:16 PM To: Legal Notice <legalnotice@collierclerk.com> Cc: BirdMadison<Madison.Bird@colliercountyfl.gov> Subject: ad request for continued item -Hobby Breeder Ordinance -8/12/25 BCC M&R: Item 9C on the 7/8/25 BCC agenda concerning the attached Hobby Breeder ordinance was continued to the 8/12/25 meeting, and the Board further directed that it be readvertised for that date.Accordingly, please post the attached legal ad (which is the same as the previous one except for the new hearing date)to the legal notice webpage, as soon as possible. The proposed ordinance is also attached. The prior attorney approval is below, and as this is a commissioner request, no staff approvals are required. Please acknowledge receipt, and advise how soon this may be posted. Thank you, "Wanda Rodriguez, .ACT, CP.I Office of the County .Attorney (239) 252-8400 coo.IF/f0 F ° �prsryeypc�y AC L Program MWERCOUNIi rs Certified Public Manager iilMd.Smn Umavry From: Legal Notice<Iegalnotice@collierclerk.com> Sent: Wednesday, May 14, 2025 8:12 AM To: Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Cc: Madison Bird <Madison.Bird@colliercountyfl.gov> Subject: RE: ad request-Hobby Breeder Ordinance- 5/27/25 BCC EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Morning Wanda and Madison, Received and working on it now. Thank you, 2 Martha Vergara 9 B BMR&VAB Senior Clerk C,1.COL! Office: 239-252-7240 "u u. Fax: 239-252-8408 E-mail: Martha.Vergara@CollierClerk.com Office of the Clerk of the Circuit Court '1/4R ,0%("" & Comptroller of Collier County bI ih"1'Y•� 3299 Tamiami Trail E, Suite #401 Naples, FL 34112 www.CollierClerk.com From: Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Sent:Tuesday, May 13, 2025 4:27 PM To: Legal Notice <legalnotice@collierclerk.com> Cc: BirdMadison <Madison.Bird@colliercountyfl.gov> Subject: ad request-Hobby Breeder Ordinance-5/27/25 BCC Good afternoon, Please publish the attached legal ad and BIE on the website on Friday, May 16, through the hearing date. Attorney approval is below, and as this is a commissioner request, no staff approvals are required. Please acknowledge receipt. Thank you, Wanda Rodriguez, ACP, CT.M Office of the County Attorney (239) 252-8400 coal FIE', NYYYiYV��y SINCE 1!!er From:Jeff Klatzkow<Jeff.Klatzkow@colliercountyfl.gov> Sent:Tuesday, May 13, 2025 4:17 PM To: Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Cc: Madison Bird <Madison.Bird(a@colliercountyfl.gov> Subject: RE: for your approval -RE: Advertising-Hobby Breeder Ordinance Approved. Jeffrey A. Klatzkow Collier County Attorney (239) 252-2614 3 From: Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> 9 B Sent:Tuesday, May 13, 2025 3:42 PM To:Jeff Klatzkow<Jeff.Klatzkow@colliercountyfl.gov> Cc: Madison Bird <Madison.Bird@colliercountyfl.gov> Subject:for your approval -RE: Advertising-Hobby Breeder Ordinance Jeff, Finalized versions of the legal ad and BIE are attached, for your approval. Thanks, Wanda Rodriguez, MCP, CP.M Office of the County .Attorney (239) 252-8400 LERT I F If0 A `1 ACP'n FLORIDA'S P COWER(1� Program COWER COUNTY SINCE Certified Publodoes Manager rro..d.am ctia..a, 2005 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 4 Martha S. Vergara 9 8 From: Jeff Klatzkow <Jeff.Klatzkow@colliercountyfl.gov> Sent: Tuesday,August 5, 2025 3:20 PM To: RodriguezWanda Cc: MullinsJohn;AlthouseTammy Subject: RE: Question about the Hobby Breeder item Wanda: Please change the notice to 8/26. Jeffrey A. Klatzkow Collier County Attorney (239) 252-2614 From:John Mullins<John.Mullins@colliercountyfl.gov> Sent:Tuesday, August 5, 2025 3:19 PM To:Jeff Klatzkow<Jeff.Klatzkow@colliercountyfl.gov> Cc:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Subject: RE: Question about the Hobby Breeder item If you change the notice for the 26th,we will complement that in any messaging we do for the meeting. Thank you! John Mullins Division Director- Communications Communications, Government & Public Affairs (1 Office:239-252-2520 Collier Coun 3299 Tamiami Trail East, Suite 202 111 101 X, C C Naples, FL 34112 John.Mullins(a�colliercountyfl.gov From:Jeff Klatzkow<Jeff.Klatzkow@colliercountyfl.gov> Sent:Tuesday, August 5, 2025 2:07 PM To:John Mullins<John.Mullins@colliercountyfl.gov> Cc:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Subject: RE: Question about the Hobby Breeder item We can change the notice to 8/26. Let me know if that works. Jeffrey A. Klatzkow Collier County Attorney (239) 252-2614 1 B From: Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Sent:Tuesday, August 5, 2025 2:02 PM To:Jeff Klatzkow<Jeff.Klatzkow@colliercountyfl.gov> Subject: FW: Question about the Hobby Breeder item Jeff, Please see inquiry below. All the legal ads for the agenda items originally advertised for the 8/12 meeting are still posted on the website, which is our usual procedure. The 8/12 agenda will have the continuance language noted by each item. Please advise if you would like anything done differently with the hobby breeder ad. Wanda Rodriguez, .ACP, CP.M Office of the County .Attorney (239) 252-8400 coal F! o kl lil {1N111�1 f p CP Br 111 YV ro am 4. SPICE Certified Public Manager [a NALA An ofa-Ua:.er„ 2005 From: Geoffrey Willig<Geoffrey.Willig@colliercountyfl.gov> Sent:Tuesday, August 5, 2025 1:49 PM To:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Subject: Question about the Hobby Breeder item John Mullins asked if we need to do anything to update the notice or if we need to issue another notice noting the continuance. Since we have noted that the Hobby Breeder ordinance is being continued on the Agenda Index, is that sufficient?The following link is what is published. https://notices.collierclerk.com/notice/hobby-breeder-ordinance-bcc-8-12-2025-readvertisement/ John is wondering if people will show up to speak on Tuesday, confused by the published notice. Geoffrey Willig Management Analyst II Deputy County Manager Office:239-252-8369 Collier Coun Mobile:239-315-0430 3299 Tamiami Trail East 01-01 X a Naples, FL 34112 Geoffrey.Willicacolliercountyfl.gov Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2 913 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners commencing at 9:00 a.m.on August 26,2025 in the Board of County Commissioners meeting room,third floor,Collier Government Center,3299 East Tamiami Trail,Naples,FL,to consider: 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. A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection.All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed.Individual speakers will be limited to 3 minutes on any item.The selection of an individual to speak on behalf of an organization or group is encouraged.If recognized by the Chairman,a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of 7 days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement,the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting.Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues.For additional information about the meeting,please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willigc colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance.Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101,Naples,FL 34112-5356, (239)252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Burt L. Saunders,Chairman CRYSTAL K.KINZEL, CLERK OF THE CIRCUIT COURT AND COMPTROLLER 98 .h 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; 1 R 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. 2 ******* 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, 3 R 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 4 9 By: By: , Deputy Clerk Burt L. Saunders, Chair Approved as to form and legal sufficiency: Jeffrey A. Klatzkow, County Attorney 5 C`4CVIT COURT �. 9s do c Clerk of the Circuit Court and Comptroller - Crystal K. Kinzel r Collier County, Florida x 3315 Tamiami Trail East, Ste. 102 - Naples, FL 34112-5324 *o �* Phone: (239) 252-2646 ti ll�'R�ou�vTt,���4 Affidavit of Publication COLLIER COUNTY STATE OF FLORIDA Before the undersigned authority personally appeared Jennifer Hansen, who on oath says that he or she is a Deputy Clerk of the Circuit Court of Collier County, Florida; that the attached copy of advertisement, Hobby Breeder Ordinance (BCC -Continued to 8/26/25 Meeting)was published on the publically accessible website https://notices.collierclerk.com as designated by Collier County, Florida on 08/05/2025 until 08/28/2025. Affiant further says that the website complies with all legal requirements for publication in chapter 50, Florida Statutes. _ikl'i \J(iLatA 4/0)( (Af �t S ignature ' .,\e'ttfk Y\''''e"; 411. 11Crit (Affiant Printed lame) , Sworii tail subscribed before me this 08/28/2025 :, . :Crystal-Ki.ilzel Clerk of the Circuit Court& Cbinkrc6lier 11e a • � Init:puty' ierk SiJpjcac nature) N 2044 5 (Deputy Clerk Printe me) late B NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners commencing at 9:00 a.m.on August 26,2025 in the Board of County Commissioners meeting room,third floor,Collier Government Center,3299 East Tamiami Trail,Naples,FL,to consider: 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. A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection.All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed.Individual speakers will be limited to 3 minutes on any item.The selection of an individual to speak on behalf of an organization or group is encouraged.If recognized by the Chairman,a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of 7 days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement,the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues.For additional information about the meeting,please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig( colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance.Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101,Naples, FL 34112-5356, (239)252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Burt L. Saunders,Chairman CRYSTAL K.KINZEL, CLERK OF THE CIRCUIT COURT AND COMPTROLLER