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Backup Documents 09/09/2025 Item # 9C BCC 9/9/2025 9 C Home Based Businesses Jennifer Hansen Ordinance - 9-9-25 BCC & Business Impact Estimate From: Wanda RuuliyueL sVVCIIIUd.RUUIiy.ueL�WLuiiiCI Lou!RyII.yuv- Sent: Tuesday, August 26, 2025 11:57 AM To: Legal Notice Cc: KlatzkowJeff; ashton_h; BirdMadison Subject: legal ad request - Home Based Businesses Ordinance - 9-9-25 BCC Attachments: legal ad - Home Based Businesses Ordinance - 9.9.25.pdf; Home Base Businesses Ordinance.pdf; Business Impact Estimate - home based businesses ordinance - 9.9.25.pdf; FW: Item 16H1 on tomorrow's agenda re: code enforcement of home-based businesses Importance: High M&R: Pursuant to item 16H1 on today's agenda, please publish the attached legal ad and business impact estimate on the legal notice website on Friday. August 29th, through the hearing date. Attorney approval is attached, and no other approvals are required for this item. Please acknowledge receipt. Thank you, ' Wanda Rodriguez, MCP, CP.'I Office of the County .Attorney (239) 252-8400 PRO �O LER71F/p0 9 'wu. P1.URI DA'S WBING IkCP C P cow twat rr G1 ro am Certified Public Manager 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. 1 9C Jennifer Hansen From: Heidi Ashton <Heidi.Ashton@colliercountyfl.gov> Sent: Tuesday, August 26, 2025 11:42 AM To: RodriguezWanda Subject: FW: Item 16H1 on tomorrow's agenda re: code enforcement of home-based businesses Attachments: Home Base Businesses Ordinance.pdf; legal ad - Home Based Businesses Ordinance - 9.9.25.docx Wanda, The legal advertisement is approved. Thanks. fteidC AshtovL-Cicl'Zo Managing Assistant County Attorney Office of the County Attorney 2800 North Horseshoe Drive, Suite 301 Naples,FL 34104 (239) 252-8fy-3 From:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Sent:Tuesday,August 26, 2025 10:13 AM To: Heidi Ashton <Heidi.Ashton@colliercountyfl.gov> Cc:Jeff Klatzkow<Jeff.Klatzkow@colliercountyfl.gov> Subject: RE: Item 16H1 on tomorrow's agenda re: code enforcement of home-based businesses Heidi, Per the below, the BIE form and the draft legal ad are attached, along with the proposed ordinance. In order to go on the 9/9/25 agenda, these need to be submitted to the clerk by close of business today. 'Wanda Rodriguez, ACP, CTJt1 Office of the County .Attorney (239) 252-8400 4-1 �QLER7IFIE� o ' i°co 9mc, COW ERCOUMY SINCE P�o�ar„ Certified Public Manager From:Jeff Klatzkow<Jeff.Klatzkow@colliercountyfl.gov> Sent:Tuesday, August 26, 2025 9:40 AM 1 9C To:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Subject: RE: Item 16H1 on tomorrow's agenda re: code enforcement of home-based businesses Next meeting if possible. Heidi can sign off on the BIE for me. From: Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Sent: Monday, August 25, 2025 4:32 PM To:Jeff Klatzkow<Jeff.Klatzkow@colliercountvfl.gov> Subject: RE: Item 16H1 on tomorrow's agenda re: code enforcement of home-based businesses Do you know when this will be coming back for adoption?We have to enter the expected advertising date on the BIE form. -Wanda Rodriguez, MCP, CP.M Office of the County .Attorney (239) 252-8400 colT I F IEo A r,.oa n s rsms ACP9 c ERc r n � program Certified Public Manager SINCE From:Jeff Klatzkow<Jeff.Klatzkow@colliercountyfl.gov> Sent: Monday, August 25, 2025 4:29 PM To: Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Subject: RE: Item 16H1 on tomorrow's agenda re: code enforcement of home-based businesses I'll do it. Jeffrey A. Klatzkow Collier County Attorney (239) 252-2614 From:Wanda Rodriguez<Wanda.Rodriguez@colliercountvfl.gov> Sent: Monday, August 25, 2025 4:28 PM To:Jeff Klatzkow<Jeff.Klatzkow@colliercountyfl.gov> Subject: RE: Item 16H1 on tomorrow's agenda re: code enforcement of home-based businesses OK. Is there a staff person I should I send it to to fill out? -Wanda Rodriguez, MCP, CT M Office of the County .Attorney (239) 252-8400 2 9C LERTIF�p� A ,p 1 9'p PLO RIDA'9 AC"; n W. (2005uucouncourtr9)G) program'� Certified Public ManagerSINCE r%:aew cm...y ..ii. From:Jeff Klatzkow<Jeff.Klatzkow@colliercountyfl.gov> Sent: Monday,August 25, 2025 4:24 PM To:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Subject: RE: Item 16H1 on tomorrow's agenda re: code enforcement of home-based businesses I'd prefer to do a BIE, as there is no impact. Jeffrey A. Klatzkow Collier County Attorney (239) 252-2614 From:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Sent: Monday, August 25, 2025 4:22 PM To:Jeff Klatzkow<Jeff.Klatzkow@colliercountyfl.gov> Subject: Item 16H1 on tomorrow's agenda re: code enforcement of home-based businesses Good afternoon Jeff, This item is requesting the following: Recommendation to direct the CountyAttorneyto advertise an Ordinance codifying§559.955, Florida Statutes, into the Collier County Code of Ordinances to allow Code Enforcement of home-based businesses consistent with the terms of the statute. Anticipating it being approved I'm thinking ahead to the advertising requirements, and whether or not it will require a Business Impact Estimate. I think there may be an exception to the BIE requirement per Ch. 126.66(3)(c)(1), as it is to implement a state law. See pertinent subsection below. Do you agree that we may proceed to advertise without a BIE? Ch. 126.66(3)(c) F.S.: 3 9C (c) This subsection does not apply to: 1. Ordinances required for compliance with federal or state law or regulation; 2. Ordinances relating to the issuance or refinancing of debt; 3. Ordinances relating to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; 4. Ordinances required to implement a contract or an agreement, including, but not limited to, any federal, state, local, or private grant, or other financial assistance accepted by a county government; 5. Emergency ordinances; 6. Ordinances relating to procurement; or 7. Ordinances enacted to implement the following: a. Development orders and development permits, as those terms are defined in s. 163.3164, and development agreements, as authorized by the Florida Local Government Development Agreement Act under ss. 163.3220-163.3243; b. Comprehensive plan amendments and land development regulation amendments initiated by an application by a private party other than the county; c. Sections 190.005 and 190.046; d. Section 553.73, relating to the Florida Building Code; or e. Section 633.202, relating to the Florida Fire Prevention Code. 'Wanda Rodriguez, MCP, CP.M Office of the County Attorney (239) 252-84OO O LERT IF, r� o o( icr . x� n.s MORT c 9 . P COLLIER COUNTY SINCE r0 3[1] Cer[i(ied Public Manager 105 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 9C 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 September 9,2025, in the Board of County Commissioners meeting room,Third floor, Collier Government Center,3299 East Tamiami Trail,Naples,FL,to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PERTAINING TO HOME-BASED BUSINESSES; PROVIDING FOR HOME-BASED BUSINESS REGULATIONS CONSISTENT WITH GENERAL LAW; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR 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 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 9C `0t,L4F, >o to Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the County's website by the time notice of the proposed ordinance is published. Published on County website by: 8/29/2025 [expected legal advertising date] Proposed ordinance's Short Title: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PERTAINING TO HOME-BASED BUSINESSES; PROVIDING FOR HOME-BASED BUSINESS REGULATIONS CONSISTENT WITH GENERAL LAW; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. This Business Impact Estimate is provided in accordance with section 125.66(3), Florida Statutes. If one or more boxes are checked below, this means the County is of the view that a business impact estimate is not required by state law' for the proposed ordinance, but the County is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. © The proposed ordinance is required for compliance with Federal or State law or regulation; ❑ The proposed ordinance relates to the issuance or refinancing of debt; ❑ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ❑ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the county government; ❑ The proposed ordinance is an emergency ordinance; ❑ The ordinance relates to procurement; or ❑ The proposed ordinance is enacted to implement the following: a. Development orders and development permits, as those terms are defined in Section 163.3164, and development agreements, as authorized by the Florida Local Government Development Agreement Act under Sections 163-3220- 163.3243; 1 See Section 125.66(3)(c), Florida Statutes. 1 9C b. Comprehensive Plan amendments and land development regulation amendments initiated by application by a private party other than Collier County; c. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; d. Section 553.73, Florida Statutes, relating to the Florida Building Code; or e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the County hereby publishes the following information: 1. Summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals and welfare): The public purpose is to codify the provisions of Florida Statute section 559.955 to allow for county enforcement. 2. An estimate of the direct economic impact of the proposed ordinance on private, for- profit businesses in the County, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur; (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible; and (c) An estimate of the County's regulatory costs, including estimated revenues from any new charges or fees to cover such costs. None 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: As to business impact, not applicable. 4. Additional information the governing body deems useful (if any): [You may wish to include in this section the methodology or data used to prepare the Business Impact Estimate. For example: County staff solicited comments from businesses in the County as to the potential impact of the proposed ordinance by contacting the chamber of commerce, social media posting, direct mail or direct email, posting on County website, public workshop, etc. You may also wish to include efforts made to reduce the potential fiscal impact on businesses. You may also wish to state here that the proposed ordinance is a generally applicable ordinance that applies to all persons similarly situated(individuals as well as businesses) and, therefore, the proposed ordinance does not affect only businesses.] 2 9C ORDINANCE NO. 2025- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PERTAINING TO HOME-BASED BUSINESSES; PROVIDING FOR HOME-BASED BUSINESS REGULATIONS CONSISTENT WITH GENERAL LAW; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Legislature enacted Chapter 2021-202, Laws of Florida, codified as §559.955, Florida Statutes, with an effective date of July 1, 2021; and WHEREAS, §559.955,Florida Statutes prohibits local governments from regulating home- based businesses in any manner inconsistent with the terms of such statute; and WHEREAS, Collier County desires to regulate home-based businesses in a manner authorized by §559.955,Florida Statutes, including permissible regulations on employees,parking, heavy machinery, use of the premises, and external appearance; and WHEREAS, the incorporation of the provisions of §559.955, Florida Statutes, into the Code of Ordinances of Collier County provides for local code enforcement for violations of the home-based businesses statute; and WHEREAS,the Board of County Commissioners("Board")now desires to incorporate the provisions §559.955, Florida Statutes into the Collier County Code of Ordinances. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA, that: SECTION ONE: TITLE. This Ordinance shall be known and may be cited as the "Collier County Home Based Businesses Ordinance." SECTION TWO: CREATION OF ARTICLE 12, SECTION 26- HOME-BASED BUSINESSES. Article 12, Section 26-461, Home-Based Businesses, is hereby created and added to Chapter 26 of the Collier County Code of Ordinances and shall state the following: Article 12, Section 26-461 Home-based businesses (1) It is the purpose of this section to provide for the orderly conduct of a limited commercial activity on property otherwise zoned for residential purposes. 9C (2) Unless otherwise expressly permitted by applicable statutes or residential zoning regulations, including but not limited to mixed-use developments and planned unit developments, only commercial activity meeting the definition of home-based businesses, as defined in §559.955, Florida Statutes, is permitted on property zoned for residential use. (3) Home occupations/home-based business shall be allowed inside any dwelling within any zoning district that permits residential dwellings as a permitted use. (4) All home-based businesses located on property zoned for residential purposes must operate subject to the following provisions, conditions, and restrictions: a. The employees of the business who work at the residential dwelling must also reside in the residential dwelling, except that up to a total of two employees or independent contractors who do not reside at the residential dwelling may work at the business. The business may have additional remote employees that do not work at the residential dwelling. b. Parking related to the business activities of the home-based business must comply with zoning requirements applicable to other residential properties with the same zoning classification, and the need for parking generated by the business may not be greater in volume than would normally be expected at a similar residence where no business is conducted. Home-based businesses must comply with any regulations pertaining to the operation or parking of vehicles or trailers at the business or on a street right-of-way as such regulations would apply to a residence where no business is conducted. Vehicles and trailers used in connection with the home-based business must be parked in legal parking spaces that are not located within the right-of-way, on or over a sidewalk, or on any unimproved surfaces at the residence. c. No heavy equipment, defined herein as commercial, industrial, or agricultural vehicles, equipment, or machinery, may be parked or stored such that such equipment is visible from the street or neighboring property. d. As viewed from the street, the use of the residential property is consistent with the uses of the residential areas that surround the property. External modifications made to a residential dwelling to accommodate a home-based business must conform to the residential character and architectural aesthetics of the neighborhood. e. The home-based business may not conduct retail transactions at a structure other than the residential dwelling; however, incidental business uses and activities may be conducted at the residential property. f. The activities of the home-based business are secondary to the property's use as a residential dwelling. g. The business activities comply with any relevant local or state regulations with respect to signage and equipment or processes that create noise,vibration,heat, smoke, dust, glare, fumes, or noxious odor as such regulations apply to other residences where no business is conducted. h. All business activities comply with any relevant local,state,and federal regulations 9C with respect to the use, storage, or disposal of any corrosive, combustible, or other hazardous or flammable materials or liquids as such regulations would apply to a residence where no business is conducted. (5) Nothing herein may be deemed to excuse or exempt the owner or operator of a home- based business from paying any taxes, including business tax receipts, that may be due an owing in connection with the operation or establishment of any such business or complying with any federal or state occupational or licensure requirements. SECTION THREE: VIOLATIONS AND ENFORCEMENT. All violations of this Ordinance may be processed according to the Collier County Consolidated Code Enforcement Ordinance (Ord. No. 2010-04, as amended) and per provisions of Chapter 162, pts. I or II, Florida Statutes, as may be applicable. 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 Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance"may be changed to"section," "article," or any other appropriate word. SECTION FIVE: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any general law pertaining to home-based businesses, general law will govern and control the interpretation and application of this Ordinance. 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 SIX: EFFECTIVE DATE. This Ordinance shall take effect immediately upon receipt of the official acknowledgment from the office of the Secretary of State of Florida that this Ordinance has been filed with that office. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of 2025. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk Burt L. Saunders, Chairman 9C Approved as to form and legality: Jeffrey A. Klatzkow, County Attorney ends Item #: 9C Home-Based Business Enforcement Ordinance September 9, 2025 Name: Address/Phone: 30,21 0E101)&4- 371(-P lail)1071 (t/ 2-- Ceding Time To: PLEASE PRINT CLEARLY COLLIER COUNTY ORDINANCE NO.2003-53,AS AMENDED BY ORDINANCE 2004-05 AND 2007-24,REQUIRES THAT ALL LOBBYIST SHALL,BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES(INCLUDING,BUT NOT LIMITED TO,ADDRESSING THE BOARD OF COUNTY COMMISSIONERS),REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT YOU ARE LIMITED TO THREE(3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF-PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING THEIR BUSINESS,PERSONAL POLITICKING OR OTHER FORMS OF SELF-PROMOTION WILL BE ASKED TO LEAVE THE PODIUM. PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS Age a Item #: 9C Home-Based Business Enforcement Ordinance eptember 9, 2025 Name: Address/Phone: ' � Le /k i-/udjoi NA Bur__ Ceding Time To: J L/ - p)VL€ RotAd PLEASE PRINT CLEARLY COLLIER COUNTY ORDINANCE NO.2003-53,AS AMENDED BY ORDINANCE 2004-05 AND 2007-24,REQUIRES THAT ALL LOBBYIST SHALL,BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES(INCLUDING,BUT NOT LIMITED TO,ADDRESSING THE BOARD OF COUNTY COMMISSIONERS),REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF-PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING THEIR BUSINESS,PERSONAL POLITICKING OR OTHER FORMS OF SELF-PROMOTION WILL BE ASKED TO LEAVE THE PODIUM. PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS Agend em #: 9C Home-Based Business Enforcement Ordinance S tember 9, 2025 N e: Address/Phone: PI5kr,* rm 5 fo60,`.. freJJ Ceding TimeN Le t �� C31-1/O2'. PLEASE PRINT CLEARLY COLLIER COUNTY ORDINANCE NO.2003-53,AS AMENDED BY ORDINANCE 2004-05 AND 2007-24,REQUIRES THAT ALL LOBBYIST SHALL,BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES(INCLUDING,BUT NOT LIMITED TO,ADDRESSING THE BOARD OF COUNTY COMMISSIONERS),REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF-PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING THEIR BUSINESS,PERSONAL POLITICKING OR OTHER FORMS OF SELF-PROMOTION WILL BE ASKED TO LEAVE THE PODIUM. PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 9 C TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ** ROUTING SLIP** Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed, if the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. (Enter your Dept here) 3. County Attorney Office County Attorney Office 4k in6 111 4. BCC Office Board of County BS y MB I Commissioners [s] 1/ 5. Minutes and Records Clerk of Court's Office `9 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above may need to contact staff for additiona r missing information. Name of Primary Staff Madison Bird Phone Number 2939 Contact/Department Agenda Date Item was q Agenda Item Number q q Approved by the BCC 1 1 1 ' 2 S I C Type of Document(s) Number of Original Attached 4cets-64-1-0,.. DarnanCic Documents Attached ( PO number or account number if document is 30IA6 540 to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A (Not appropriate. (Initial) Applicable) -]. Does the document require the chairman's signature?(stamped unless otherwise stated) MB 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information (Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legality. (All documents to be signed by MB the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney.) 4. All handwritten strike-through and revisions have been initialed by the County Attorney MB Office and all other parties except the BCC Chairman and the Clerk to the Board. 5. The Chairman's signature line date has been entered as the date of BCC approval of the MB document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's MB signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is uploaded to the agenda. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 9/1 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County Attorney J an option fo? Office has reviewed the changes, if applicable. M� this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made, and the document is ready for the 5 A!/L I4 an option fox Chairman's signature. I(r^ this line L Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04;Revised 1.26.05;2.24.05; 11/30/12;4/22/16;9/10/21 9C ORDINANCE NO. 2025-.36 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PERTAINING TO HOME-BASED BUSINESSES; PROVIDING FOR HOME-BASED BUSINESS REGULATIONS CONSISTENT WITH GENERAL LAW; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Legislature enacted Chapter 2021-202, Laws of Florida, codified as §559.955, Florida Statutes, with an effective date of July 1, 2021;and WHEREAS, §559.955, Florida Statutes prohibits local governments from regulating home-based businesses in any manner inconsistent with the terms of such statute; and WHEREAS, Collier County desires to regulate home-based businesses in a manner authorized by §559.955, Florida Statutes, including permissible regulations on employees, parking, heavy machinery, use of the premises, and external appearance; and WHEREAS, the incorporation of the provisions of§559.955, Florida Statutes, into the Code of Ordinances of Collier County provides for local code enforcement for violations of the home-based businesses statute; and WHEREAS, the Board of County Commissioners ("Board")now desires to incorporate the provisions §559.955, Florida Statutes into the Collier County Code of Ordinances. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: TITLE. This Ordinance shall be known and may be cited as the "Collier County Home Based Businesses Ordinance." SECTION TWO: CREATION OF ARTICLE 12, SECTION 26- HOME-BASED BUSINESSES. Article 12, Section 26-461, Home-Based Businesses, is hereby created and added to Chapter 26 of the Collier County Code of Ordinances and shall state the following: [25-MCD-00010/1955489/1] 9C Article 12, Section 26-461 Home-based businesses (1) It is the purpose of this section to provide for the orderly conduct of a limited commercial activity on property otherwise zoned for residential purposes. (2) Unless otherwise expressly permitted by applicable statutes or residential zoning regulations, including but not limited to mixed-use developments and planned unit developments, only commercial activity meeting the definition of home-based businesses, as defined in §559.955, Florida Statutes, is permitted on property zoned for residential use. (3) Home Occupations/home-based business shall be allowed inside any dwelling within any zoning district that permits residential dwellings as a permitted use. (4) All home-based businesses located on property zoned for residential purposes must operate subject to the following provisions, conditions, and restrictions: a. The employees of the business who work at the residential dwelling must also reside in the residential dwelling, except that up to a total of two employees or independent contractors who do not reside at the residential dwelling may work at the business. The business may have additional remote employees that do not work at the residential dwelling. b. Parking related to the business activities of the home-based business must comply with zoning requirements applicable to other residential properties with the same zoning classification, and the need for parking generated by the business may not be greater in volume than would normally be expected at a similar residence where no business is conducted. Home-based businesses must comply with any regulations pertaining to the operation or parking of vehicles or trailers at the business or on a street right-of-way as such regulations would apply to a residence where no business is conducted. Vehicles and trailers used in connection with the home-based business must be parked in legal parking spaces that are not located within the right-of-way, on or over a sidewalk, or on any unimproved surfaces at the residence. c. No heavy equipment, defined herein as commercial, industrial, or agricultural vehicles, equipment, or machinery, may be parked or stored such that such equipment is visible from the street or neighboring property. d. As viewed from the street, the use of the residential property is consistent with the uses of the residential areas that surround the property. External modifications made to a residential dwelling to accommodate a home-based business must conform to the residential character and architectural aesthetics of the neighborhood. e. The home-based business may not conduct retail transactions at a structure other than the residential dwelling; however, incidental business uses and activities may be conducted at the residential property. f. The activities of the home-based business are secondary to the property's use as [25-MCD-0001 0/1 9554 89/1] 9C a residential dwelling. g. The business activities comply with any relevant local or state regulations with respect to signage and equipment or processes that create noise, vibration, heat, smoke, dust, glare, fumes, or noxious odor as such regulations apply to other residences where no business is conducted. h. All business activities comply with any relevant local, state, and federal regulations with respect to the use, storage, or disposal of any corrosive, combustible, or other hazardous or flammable materials or liquids as such regulations would apply to a residence where no business is conducted. (5) Nothing herein may be deemed to excuse or exempt the owner or operator of a home-based business from paying any taxes, including business tax receipts, that may be due an owing in connection with the operation or establishment of any such business or complying with any federal or state occupational or licensure requirements. (6) Exemption. Anyone who can demonstrate to the County Staff's satisfaction that they utilized their property as a home-based business, not consistent with this Ordinance, for a period of five years, from the date of adoption of this Ordinance, shall be exempted from the provisions of this Ordinance. Staff may require any reasonable documentation and proof of this use. SECTION THREE: VIOLATIONS AND ENFORCEMENT. All violations of this Ordinance may be processed according to the Collier County Consolidated Code Enforcement Ordinance (Ord. No. 2010-04, as amended) and per provisions of Chapter 162, pts. I or II, Florida Statutes, as may be applicable. 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 Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FIVE: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any general law pertaining to home-based businesses, general law will govern and control the interpretation and application of this Ordinance. 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 SIX: EFFECTIVE DATE. [25-MCD-00010/1955489/1] 9C This Ordinance shall take effect immediately upon receipt of the official acknowledgment from the office of the Secretary of State of Florida that this Ordinance has been filed with that office. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 'P"_day of 5effe ,bef 2025. ATTEST: ` BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By By: Age.114/...."ir�-- e uty Clerk' Saunders, Chairman Attest as to Chairman's signat re only Approves': i o id .nd legality: ;!Ig i Jeffrey A. i at 'M, County Attorney This ordinance tiilci with the: Secretory of tat 's ffice the _LO_ day of_ r5 and acknowledgement 2f that film! r-cei ed this ...i�...lJ day Deputy Clark [25-MCD-00010/1955489/1] 9C 1111 sit, ttt. 1"r x 400. wises FLORIDA DEPARTMENT Of STATE RON DESANTIS CORD BYRD Governor Secretary of State September 10, 2025 Crystal K. Kinzel Clerk of Court Collier County 3329 Tamiami Trail E, Suite#401 Naples, FL 34112 Dear Crystal Kinzel, Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2025-36, which was filed in this office on September 10, 2025. Sincerely, Alexandra Leijon Administrative Code and Register Director AL/dp R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270