Ordinance 2025-40 ORDINANCE NO. 25 - 40
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 84-
37, AS AMENDED, CODIFIED IN CHAPTER 38, CIVIL EMERGENCIES,
ARTICLE III, DECLARATION OF STATE OF EMERGENCY, OF THE
CODE OF LAWS AND ORDINANCES, PROVIDING AUTHORITY FOR
THE COUNTY MANAGER TO BE AUTHORIZED TO ISSUE
DECLARATIONS OF EMERGENCY, PROVIDING FOR REVISIONS TO
DEFINITIONS, AUTHORIZATION OF EMERGENCY MEASURES, AND
CERTAIN OTHER UPDATES TO THE ORDINANCE; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Collier County Ordinance No. 84-37 addressed the need to designate a
County Official to declare a local state of emergency (as defined in Chapter 252, Florida Statutes)
and authorize certain actions relating thereto when a quorum of the Board of County
Commissioners (Board) is unable to meet; and
WHEREAS, the Board subsequently amended Ordinance No. 84-37 by adopting
Ordinance Nos. 2001-45, 2002-50, 2007-49, 2011-34, 2017-38, and 2018-37, which are codified
in Chapter 38, Civil Emergencies, Article III, Declaration of State of Emergency, of the Code of
Laws and Ordinances of Collier County, Florida; and
WHEREAS, this amendment is to expand the authority of the County Manager to issue
declarations of emergency, and provides for other updates to the ordinance; and
WHEREAS, the Board finds that the adoption of this amendment advances the health,
safety, and welfare of the residents of Collier County.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that:
SECTION ONE: Ordinance No. 84-37,as amended,and as codified in Article III,Declaration
of State of Emergency, Sections 38-56 through 38-72 of the Code of Laws and Ordinances of
Collier County, Florida, is hereby amended as follows:
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A. Sec. 38-56. Intent.
It is the intent of the County to designate a County official authorize the County Manager
to declare a local state of emergency and to authorize certain actions relating thereto when a
quorum of the Board of County Commissioners is unable to meet. For the purpose of this
Ordinance, "emergency" is defined as provided in F.S. ch. 252 as follows: any occurrence, or
threat thereof, whether accidental, natural or caused by man, in war or in peace, which results or
may result in substantial injury or harm to the population or substantial damage to or loss of
property.
B. Sec. 38-57. Definitions.
[The following words, terms and phrases, when used in this Ordinance, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:]
(1) "Abandoned vehicle" means any vehicle meeting the definition of abandoned
property, as defined in F.S. § 705.101, that is left, stored or abandoned:
(a) In a wrecked, inoperative,junked,partially dismantled, sunk, flooded or
contributing to an uncontrolled release of fuel or hazardous materials, or in the
case of a battery powered vehicle an uncontrollable fire,upon the public property
of the County. The fire official of the authority having_jurisdiction may have
cause to relocate an electrically powered abandoned vehicle due to its high
volatility to reduce public or private property damage.
(b) On any roadway of the county without the consent of the agency having
jurisdiction thereof
(c) Left, stored, abandoned,junked, partially dismantled, sunk, flooded or
contributing to an uncontrolled release of fuel or hazardous material, high
temperature battery failure-induced fire, upon the property of another without the
consent of the owner of the property.
(2) "County work forces" means officers, employees, and agents of the county
including, but not limited to, contractors retained by the county to push, remove, store, or
dispose of disaster-generated debris or to otherwise act in response to the implementation
of the county's disaster-generated debris removal management plan.
(3) "Derelict Vessel" means any vessel, as defined in F.S. § 327.02, that is left, stored
or abandoned:
(a) In a wrecked,junked or substantially dismantled condition upon any
public waters of the county or county property or right-of-way.
(b) At any port, dock, or mooring of the county without the consent of the
agency having jurisdiction.
(c) Docked, grounded or beached upon the property of another without
consent of the owner of the property.
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(4) "Director of the Office of Emergency Management" is the County employee who
leads the Emergency Management Department and has the responsibility to execute the
emergency management plan and discharge the emergency management responsibilities
and functions in Collier County, and shall hereinafter be referred to as the "director." The
Director shall meet or exceed the training and certification requirements recommended
by the Florida Division of Emergency Management and the International Association of
Emergency Management.
(4-5) "Disaster" means any natural, technological, public health, or civil emergency that
causes damage of sufficient severity and magnitude to result in a declaration of a state of
emergency by the county,the Governor, or the President of the United States. Disasters
shall be identified by the severity of resulting damage, as follows:
(a) "Catastrophic disaster" means a disaster that will require massive state and
federal assistance, including immediate military involvement.
(b) "Major disaster" means a disaster that will likely exceed local capabilities
and require a broad range of state and federal assistance.
(c) "Minor disaster" means a disaster that is likely to be within the response
capabilities of local government and to result in only a minimal need for state or
federal assistance.
(5-6) "Disaster-generated debris" or "debris" means any material, including trees,
branches, personal property, and building material deposited on county-owned property
or rights-of-way or on private roads as a direct result of a major disaster or a catastrophic
disaster.
(a) The term includes, but is not limited to:
1. Vegetative debris, which means debris consisting of whole trees,
tree stumps, tree branches,tree trunks, and other leafy material.
2. Hazardous limbs and hazardous trees, which means limbs or trees
damaged in a major disaster or a catastrophic disaster and in danger of
falling on primary ingress or egress routes or on county rights-of-way.
3. Construction and demolition debris, which means debris created by
the removal of disaster-damaged interior and exterior materials from
improved property such as lumber and wood, gypsum wallboard, glass,
metal, roofing material,tile, carpeting and floor coverings, pipe, concrete,
fully cured asphalt, equipment, furnishings, and fixtures.
4. HHW, which means household hazardous waste such as household
cleaning supplies, insecticides, herbicides, and other products or materials
containing volatile chemicals that catch fire, react, or explode under
certain circumstances, or that are corrosive or toxic.
5. E-waste, which means electronic waste such as computers,
monitors, televisions,high capacity commercial, residential, automotive.,
recreational, and industrial batteries of various chemistries, and other such
electronics that contain hazardous materials.
6. White goods, which means discarded household appliances such as
refrigerators, freezers, air conditioners, heat pumps, ovens,ranges,
washing machines, clothes dryers, and water heaters.
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7. Putrescent debris, which means debris that will decompose or rot
such as animal carcasses and other fleshy organic matter.
(b) The term does not include:
1. Debris from vacant lots, forests, heavily wooded areas,
unimproved property, and unused areas;
2. Debris on agricultural lands used for crops or livestock;
3. Concrete slabs or foundations-on-grade; and
4. Construction and demolition debris consisting of materials used in
the reconstruction of disaster-damaged improved property.
(6-7) "Disaster-generated debris removal management plan" means the action by the
county taken in accordance with Section 38-72 herein.
( -8) "Division" means the Division of Emergency Management of the Department of
Community Affairs Executive Office of the Governor, or the successor to that division.
(8-9) "Emergency" means any occurrence, or threat thereof, whether natural,
technological, or manmade, in war or in peace, including civil unrest, acts of mass
violence, or critical resource shortage, which results or may result in substantial injury or
harm to the population or substantial damage to or loss of property.
(9-10) "Emergency Management" means the preparation for,the mitigation of, the
response to, and the recovery from emergencies and disasters. Specific emergency
management responsibilities include, but are not limited to:
(a) Reduction of the vulnerability of people and communities of this state to
damage, injury, and loss of life and property resulting from natural, technological,
or manmade emergencies or hostile military of paramilitary action.
(b) Preparation for prompt and efficient response and recovery to protect lives
and property affected by emergencies.
(c) Response to emergencies using all systems, plans, and resources necessary
to preserve adequately the health, safety, and welfare of persons or property
affected by the emergency. Such efforts shall include but are not limited to regular
briefings, training, exercises, and simulations to maintain readiness for all types of
emergencies. These efforts will ensure that County employees, local responders,
and community partner agencies are prepared to implement emergency plans
during an actual emergency and assist residents in recovery.
(d) Recovery from emergencies by providing for the rapid and orderly start of
restoration and rehabilitation of persons and property affected by emergencies.
(e) Provision of an emergency management system embodying all aspects of
pre-emergency preparedness and post-emergency response, recovery, and
mitigation. Such efforts shall include post-event evaluations to focus on
continuous improvement of emergency management plans and practices, some of
which are exempt from public record in the Florida Statutes.
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(f) Assistance in anticipation, recognition, appraisal, prevention, and
mitigation of emergencies which may be caused or aggravated by inadequate
planning for and regulation of, public and private facilities and land use.
(4-0-11)"Emergency Management Department" means the County department created in
accordance with the provisions of Florida law to discharge the emergency management
responsibilities and functions of Collier County. The Department shall serve as the
primary agency responsible for coordinating all aspects of emergency preparedness,
response, recovery, and mitigation within the County. This includes the authority to
activate emergency plans,mobilize resources, and collaborate with local public and
private organizations, constitutional officers, and state and federal agencies to ensure the
community's health, safety, and welfare during a disaster or emergency. The Department
will engage in homeland security efforts as a trusted agent to help ensure public
preparedness strategies are implemented from generally open-source information.
(44-12)"Hazardous tree" or"hazardous limb"refers to eligible vegetative debris which
may include tree limbs, branches, stumps or trees that are still in place, but damaged to
the extent they pose an immediate threat. These items are ineligible if the hazard existed
before the incident, or if the item is in a natural area and does not extend over improved
property or public-use areas, such as trails, sidewalks, or playgrounds. means a tree
greater than six(6) inches in diameter(measured at diameter breast height) and which
vets a ofthe following er-te..;a:
(a) More than fifty (50)per cent of the crown is damaged or destroyed;
(b) The trunk is split or broken branches expose the heartwood; or
(c) The tree is leaning at an angle greater than thirty (30) degrees and shows
evidence of ground disturbance.
(12) "Hazardous limb" means a broken tree limb greater than two(2) inches in
diameter measured at the point of break.
(13) "Manmade Emergency" means an emergency caused by an action against persons
or society, including, but not limited to, enemy attack, sabotage, terrorism, civil unrest,
acts of mass violence, or other action impairing the orderly administration of government.
(14) "Mass Notification System"means the County's Emergency Management
Department's ability to make wide area emergency notifications via resources including
but not limited to: telephonic,wireless, public address systems, commercial cable and
broadcast interruptions, activation of the National Oceanic and Atmospheric
Administration's weather radio alert system and door-to-door notification by public
safety forces.
(4-4-15)"Natural Emergency" means an emergency caused by a natural event, including,
but not limited to, a hurricane, a storm, a flood, severe wave action, a drought, or an
earthquake.
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(1 5) The " met r-e-fthe Office-efErner-genicy Managemrrent"is the Co, ff'cial
having the responsibility to execute the emergency management plan in Collier County
ands h er i„ Teferred-to as t "director."
(16) "Private road" means any nonpublic road that is located within the county and has
a designated name and private road signage, the maintenance of which is not the legal
responsibility of the county. The term includes, but is not limited to, roads owned and
maintained by homeowners' associations, including gated communities, and roads for
which no individual or entity has claimed or exercised maintenance responsibility. The
term also includes the land lying within the three-foot roadside shoulder area on both
sides of the travel lanes of such road. The County may be required to obtain certain rights
of entry and may be restricted from private road debris removal reimbursement under
certain provisions by the State or guidance within the Stafford Act.
(17) "Right-of-way" means the portions of county-owned land over which facilities
such as highways, roads, railroads, or power lines are built. The term includes the county-
owned land on both sides of such facilities up to the boundary of the adjoining property.
(18) "Stafford Act" means the Robert T. Stafford Disaster Relief and Emergency
Assistance Act codified in 42 U.S.C. §§ 5121 through 5207, as the same may be amended
from time to time.
C. Sec. 38-58. Officer Designated to Declare Emergency.
Pursuant to F.S. ch. 252, which authorizes the waiver of procedures and formalities
otherwise required of political subdivisions to take whatever prudent action is necessary to
ensure the health, safety and welfare of the community in the event of a state of emergency,the
County Manager is hereby declared to be the officer designated and empowered to declare a state
of local emergency in Collier County. Should the County Manager be unavailable, the
declaration can be made by the Deputy County Manager. Alternatively, a state of local
emergency may also be declared by a quorum of the Board of County Commissioners sitting in
regular or emergency session. when a quorum of the Board of County Commissioners is unable
to meet, the Chairman of the Board of County Commissioners, or the Vice Chairman in his or
her absence, and in the absence of the Chairman and Vice Chairman; the next County
Commissioner in order of seniority, or if two or more were appointed on the same date,then in
alphabetical order among them; and in the absence of any Commissioner; the County Manager,
in the absence of the County Manager;the Clerk of Courts; and in the Clerk's absence the
Deputy County Manager are hereby designated and empowered to declare a local state of
determine that a natural or manmade disaster has occurred or that the occurrence or thr t of one
is imminent and requires immediate and expeditious action.
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D. Sec. 38-59. Extent of Statement of Emergency.
A state of emergency shall be declared by proclamation of either the Board or the County
Manager. ,
Chairman and Vice Chairman; the next County Commissioner in order of seniority, or if two or
more were appointed on the same date,then in alp them, and in the
Clerk o n t Clerk's absence; the Deputy County Manager. The state of emergency
shall continue for seven days and may be extended in seven day increments until the Chairman,
or Vice Chairman in his absence,the next County Commissioner in order of seniority, or if two
or more were appointed on the same date, then in alphabetical order among them, and in the
absence of any Commissioner; the County Manager, and in the absence of the County Manager,
the Clerk of Courts, and in the Clerk's absence; the Deputy Board or the County Manager finds
that the threat or danger no longer exists and/or until an emergency meeting of a quorum of the
Board of Count, Co., r take place and te,..,..inate the st to f emergency
proclamation.
E. Sec. 38-60. Proclamation.
If the County Manager issues a proclamation, the County Manager shall make a timely
and good faith attempt to notify the Board via one-way communications. The Board at its next
available scheduled or emergency meeting shall retroactively endorse the local state of
emergency, hear a situation report about the emergency from the Emergency Management
Director, and extend,terminate or authorize other conditions to the local state of emergency. A
proclamation declaring a state of emergency shall activate the disaster emergency plans
applicable to the County and shall be the authority for the use,purchase, rental,or distribution of
any supplies, equipment, materials or facilities assembled or arranged to be made available
pursuant to such plans, and shall activate other protective actions recommended by the
Emergency Management Director, including but not limited to evacuations and shelter
activations.
F. Sec. 38-61. Use of Public Facilities for Shelters.
Public facilities, including schools, charter schools, state-funded colleges and universities
postsecondary education facilities, and other facilities owned or leased by the state or local
governments, but excluding hospitals or nursing homes, which are suitable for use as public
hurricane evacuation shelters shall be made available at the request of the emergency
management director or emergency management director's designee. The director or the
director's designee shall coordinate with the appropriate school board,university, community
college, or local governing board when requesting the use of such facilities as public hurricane
evacuation shelters.
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G. Sec. 38-62. Power of Employees Rendering Outside Aid.
(1) Whenever the employees of the County are rendering aid beyond the territorial
boundaries of the County, such employees shall have the same powers, duties, rights,
privileges, and immunities as if they were performing their duties in the County.
(2) (a) The political subdivision in which any equipment is used pursuant to this
section shall be liable for any loss or damage thereto and shall pay any expense
incurred in the operation and maintenance thereof. No claim for such loss,
damage, or expense shall be allowed unless an itemized notice of such claim
under oath is served by mail or otherwise upon the chief fiscal officer of the
political subdivision in which the equipment was used within 60 days after the
loss, damage, or expense is sustained or incurred.
(b) The political subdivision which is aided pursuant to this section shall also
pay and reimburse the county for furnishing such aid for compensation paid to
employees furnished under this section during the time of the rendition of such
aid and shall defray the actual travel and maintenance expenses of such
employees while they are rendering such aid. The County Manager may defer
billing nearby fiscally constrained counties for any manpower or resource cost for
the first 3 days of support, with the exception of personal injury or death. Such
reimbursement shall include any amounts paid or due for compensation due to
personal injury or death while such employees are engaged in rendering such aid.
The term "employee" as used in this section means, and the provisions of this
section apply with equal effect to,paid, volunteer, and auxiliary employees and
emergency management services workers. The same shall apply for aid rendered
to Collier County.
H. Sec. 38-63. Mutual Aid Agreements.
The County is authorized to develop and enter into mutual aid agreements within the state
for reciprocal emergency aid and assistance in case of emergencies too extensive to be dealt with
unassisted. Copies of such agreements shall be sent to the Florida Division of Emergency
Management, and partner agencies including Florida Warn, Florida Emergency Preparedness
Association,National Emergency Management Agency, and FEMA's cooperative agreements
with the Southeast Compact and related mutual aid groups recognized by the State of Florida.
Such agreements shall be consistent with the state comprehensive emergency management plan
and program, and in time of emergency it shall be the duty of the County to render assistance in
accordance with the provisions of such mutual aid agreements to the fullest possible extent.
I. Sec. 38-64. Compensation.
(1) Compensation for services or for the taking or use of property shall be owed only
to the extent that a claimant may not be deemed to have volunteered her or his services or
property without compensation and only to the extent that such taking exceeds the legal
responsibility of a claimant to render such services or make such property so available.
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(2) Compensation owed for personal services shall be only such as may be fixed by
the Florida Division of Emergency Management, or reasonable and customary costs
authorized by the Robert T. Stafford Act and interpreted by the Federal Emergency
Management Agency.
(3) Compensation for property shall be owed only if the property was commandeered
or otherwise used in coping with an emergency and its use or destruction was ordered by
the County.
(4) Any person claiming compensation for the use, damage, loss, or destruction of
property shall file a claim therefor with the County.
(5) Unless the amount of compensation owed on account of property damaged, lost,
or destroyed is agreed between the claimant and the County, the amount of compensation
shall be calculated in the same manner as compensation due for a taking of property
pursuant to the condemnation laws of this state except that if a party making a claim
pursuant to this provision who disagrees with the amount of compensation offered by the
County shall bear its own costs and attorney fees.
(6) Nothing in this section applies to or authorizes compensation for the destruction
or damaging of standing timber or other property in order to provide a firebreak or
damage resulting from the release of waters or the breach of impoundments in order to
reduce pressure or other danger from actual or threatened flood or applies to or authorizes
compensation beyond the extent of funds available for such compensation.
J. Sec. 38-65. Emergency Orders and Rules.
All emergency orders and rules adopted by the County during a declared state of
emergency shall have the full force and effect of law after adoption when filed in the office of
the Clerk of Courts or the designee of the Clerk of Courts.
K. Sec. 38-66. Enforcement.
The law enforcement authorities of the County and municipalities of the County shall
enforce the orders and rules issued pursuant to Section 38-65 herein.
L. Sec. 38-67. Liability.
Any person or organization, public or private, owning or controlling real estate or other
premises who voluntarily and without compensation other than payment or reimbursement of
costs and expenses, grants a license or privilege or otherwise permits the designation by the
County emergency management department for use of the whole or any part of such real estate
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or premises for the purpose of sheltering persons during an actual, impending, mock, or practice
emergency, together with her or his successor in interest, if any, shall not be liable for the death
of, or injury to, any person on or about such real estate or premises during the actual, impending,
mock, or practice emergency, or for loss of, or damage to, the property of such person, solely by
reason or as a result of such license, privilege, designation, or use, unless the gross negligence or
the willful and wanton misconduct of such person owning or controlling such real estate or
premises or her or his successor in interest is the proximate cause of such death, injury, loss, or
damage occurring during such sheltering period. Any such person or organization who provides
such shelter space for compensation shall be deemed to be an instrumentality of the State or the
County where applicable, for the purposes of F.S. § 768.28.
M. Sec. 38-68. Authorized Emergency Measures.
In addition to any other powers conferred by law, upon the declaration of a state of
emergency pursuant to this Ordinance,the Board or County Manager Chairman, or Vice
then-in-alphabetisol-er-der-ameng-themTand4n4he-absenee-ef-an-y-Gemmissionert the-County
Manager, in the absence of the County Manager; the Clerk of Courts; and in the Clerk's absence;
the Deputy County Manager(collectively referred to as the"Authorized County Official"), may
order and promulgate all or any of the following emergency measures to be effective during the
period of such emergency in whole or in part, and with such limitation and conditions as he or
she may deem appropriate to protect the health, safety and welfare of the community:
(1) Suspend or limit the sale, dispensing or transportation of alcoholic beverages,
explosives, and combustibles.
(2) Establish curfews, including but not limited to,the prohibition of or restrictions
on pedestrian and vehicular movement, standing and parking, except for the provision of
designated, essential services, such as fire, police, emergency medical services and
hospital services, including the transportation of patients, utility emergency repairs and
emergency calls by physicians.
(3) Utilize all available resources of the County government as reasonably necessary
to cope with the disaster emergency. Any single expenditure exceeding $50,000.00 shall
be cosigned by the County Attorney or his or her designee.
(4) Emergency management powers; political subdivisions.
a. To appropriate and expend funds; make contracts; rent emergency
equipment; acquire and obligate payment for temporary site leases or licenses for
temporary facilities; request and obligate reimbursement to mutual-aid teams;
obtain and distribute equipment, materials, and supplies for emergency
management purposes; provide for the health and safety of persons and property,
including emergency assistance to the victims of any emergency;
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b. To appoint, employ, remove, or provide, with or without compensation,
coordinators, rescue teams, fire and police personnel and other emergency
management workers, including but not limited to documentation teams, incident
management teams, communications personnel and specialized equipment,
warehousing and logistical personnel, shelter medical personnel, recovery subject
matter experts, Geographical Information Systems, (GIS) experts, drone
personnel, forward observers and demobilization teams.
c. Authorize the activation of mass notification systems for certain
emergency messages or conditions within the unincorporated areas of Collier
County and the municipal boundaries upon request by municipal or constitutional
officials and approval by the Director or his or her designee.
(5) Declare certain areas off limits to all but emergency personnel.
(6) Make provisions for the availability and use of temporary emergency housing and
emergency warehousing of materials.
(7) Make provisions for the temporary housing, feeding, fuel, and light maintenance
of mutual-aidpersonnel and equipment as provided to the County whether under a state
or county EOC requested assistance mission.
(7-8) Establish emergency operating centers, disaster recovery centers, point of
distribution for staging and public distribution of essential commodities, and shelters in
addition to or in place of those provided for in the County's emergency plan.
(8-9) Declare that during an emergency it shall be unlawful and an offense against the
County for any person to use the fresh water supplied by the County, or local
municipalities or other entities for any purpose other than cooking, drinking or bathing
conservation measures, or as otherwise directed by the Public Utility Director in concert
with the County Manager and the local public health official.
(9-10) Declare that during an emergency it shall be unlawful and an offense against the
County for any person operating within the County to charge more than the normal
average retail price for any merchandise, goods or services sold during the emergency.
The average retail price as used herein is defined to be that price at which similar
merchandise, goods or services were being sold during the 30 days immediately
preceding the emergency or at a mark-up which is a larger percentage over wholesale
cost than was being added to wholesale cost prior to the emergency.
(4&11) Confiscate merchandise, equipment, vehicles or property needed to alleviate the
emergency, with the exception of emergency vehicles. Reimbursement shall be within 60
90 days and at customary value charged for the items during the 90 days previous to the
emergency.
(44-12) Preceding or during the emergency, the Chairman, the Vice Chairman, or in their
absence,the Board or the County Manager, shall have the authority to request the State's
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Emergency Operations Center to request the National Guard or the Army, Coast Guard,
State Guard, or other law enforcement divisions as necessary to assist in the mitigation of
the emergency or to help maintain law and order, rescue and traffic control, and/or to
manage all or part of disaster relief commodity distribution.
(4-2-13) Further, the County has the power and authority to waive the procedures and
formalities otherwise required by law pertaining to:
a. Performance of public work and taking whatever prudent action is
necessary to ensure the health, safety, and welfare of the community.
b. Entering into contracts.
c. Incurring obligations, such as the emergency acquisition of fire-fighting
foam or other fire or environmental protection resources.
d. Employment of permanent and temporary workers.
e. Utilization of volunteer workers.
f. Rental or charter of equipment which is essential for immediate response,
and exempt from local contracts if warranted due to the need to respond in a
timely manner, or market availability, including but not limited to: heavy
construction, earthmoving and debris removing equipment, vegetative debris
reducing equipment, water and fuel or waste separators, cranes for search and
rescue or structural collapse, cargo trucks, refrigerated trucks and trailers,
generators, cords,pumps, lighting traffic control supplies and equipment, potable
and waste-water transport and removal trucks, fuel trucks, support equipment for
landfill debris operations and disposal of white goods,trailers and tenders for
water and fuel transport, fire apparatus purchase of fire-fighting foam,
ambulances, all-terrain and high-clearance vehicles, charter or rental buses for
evacuation, transportation of essential workers or relocation of evacuees or
survivors, specialized aircraft for firefighting, wildfire firefighting, damage
assessment, search and rescue, transport of personnel and emergency courier
services, temporary morgue facilities, saws,torches, or other hand-tools in high
demand, vehicle maintenance and repair equipment, responder and essential
personnel canteen equipment, personnel, supplies, food stocks,preparation and
delivery, warehouse support equipment such as forklifts, extended reach forklifts,
pallet jacks and labor. In support of wildfire threat reduction or restoration, roller
chopping and mowing equipment,personnel, brush mowing or reseeding tractors,
and related items.
g. Acquisition and distribution, with or without compensation, of supplies,
materials, and facilities.
h. Appropriation and expenditure of public funds.
i. Making emergency expenditures for supplies, equipment, and subscription
agreements for alternate secure data and voice communications to sole or single
source vendors to ensure continuity of operations.
j. Work related to emergency flood fighting efforts on and off of thepublic
rights of way, including, but not limited to, emergency pumping and water
diversion and manipulation of controls along drainages, canals, ditches, retention
ponds, weirs or other necessary flood control measures.
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(4-3-14) Authorize the emergency purchase of radio,television, print or any other paper or
electronic media for the purposes of advertising residents of protective action
recommendations, recovery information, and debris removal or disposal requirements or
any other pertinent information in support of public health or safety.
(44-15) Activate a statewide mutual-aid system. Any expenditure made in connection
with emergency activities, including mutual-aid activities, shall be deemed conclusively
to be for direct protection and benefit of the inhabitants and to mitigate the potential for
severe environmental property damage of the County.
(4-5-16) Make a determination that:
a. There is a threat to public health and safety that may result from the
generation of widespread debris throughout the County;
b. Such debris constitutes a hazardous environment for all modes of
movement and transportation of the residents as well as emergency aid and relief
services;
c. There is an endangerment to all properties in the County;
d. There is an environment conducive to breeding disease and vermin;
e. There is a greatly increased risk of fire;
f. It is in the public interest and safety to collect and remove disaster debris
from all property, whether public lands, public or private roads, and gated
communities, to eliminate an immediate threat to life, public health and safety to
reduce the threat of additional damage to improved property and to promote
economic recovery of the community at large.
(4-6-17) Authorize the County or its contracted agent(s)the right of access to private
roads or gated communities as needed for:
a. Emergency vehicles such as, but not limited to, fire, police, emergency
management,and medical care.
b. Performance of damage assessment, emergency management, specialized
search and rescue teams and drone operations for the benefit of damage
assessment, of life safety, search and rescue, or utility restoration.
c. Human services and victim relief.
d. Temporary emergency traffic controls or detour efforts.
e. Debris removal vehicles and equipment, utility equipment and sanitation
efforts to alleviate immediate threats to public health and safety.
f. Additional contract security efforts.
g. Temporary structural and wildfire fire-fighting efforts, including
temporary staging areas for equipment, placement of temporary or mobile bulk
water supplies, temporary hose or piping, and dry hydrant resources.
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(4-7-18) Authorize the removal of debris, wreckage or collapsed structures resulting from
a major disaster for a safe and sanitary living or functioning condition of the proximate
environment.
(4-8-19) Authorize the removal of derelict vessels pursuant to Florida Statutes and in
conjunction with the Florida Fish and Wildlife Conservation Commission, and coordinate
with the County or contract resources for emergency fuel and spill control in the water or
on land.
(4-9-20) Authorize the removal of abandoned vehicles pursuant to Florida Statutes in
conjunction with law enforcement of the city, county or state.
(21) Pursuant to a right of entry, enter private property for the purposes of making
emergency repairs to water, sewer, power, data, voice, pumping, stormwater drainage, or
water control structures,public safety radio communication towers, or wildfire
extinguishment to help repair essential functions, mitigate emergency conditions, or open
essential roadways.
Any emergency measure which may require law or code enforcement of any kind shall be
memorialized as soon as reasonably practical by a Resolution signed by the Authorized County
Official who took such actionCounty Manager, which Resolution shall upon execution have the
same force and effect as if adopted by the Board of County Commissioners. The Board at its next
available scheduled or emergency meeting shall retroactively approve the Resolution. The
Resolution shall be filed as Miscellaneous Correspondence at the next regular meeting-of-the
Board of County Commissioners.
N. Sec. 38-69. Declaration, Termination by Board While in Session.
Nothing in this Ordinance shall be construed to limit the authority of the Board of County
Commissioners from declaring or terminating a state of emergency and taking any action
authorized by law when sitting in regular or special session.
O. Sec. 38-70. Penalty for Violation.
Penalties. Any person violating any provision of this Emergency Management Code or any
rule or order made pursuant to this Emergency Management Code is guilty of a misdemeanor of
the second degree, punishable as provided in F.S. §§ 775.082 or 775.083. Each day of continued
noncompliance or violation shall constitute a separate offense. In addition to the foregoing, any
licensee of the County found guilty of violation any provision of this Ordinance, or the
emergency measures which may be made effective pursuant to this Ordinance, may have his
license suspended or revoked by the Board of County Commissioners.
(a) Nothing herein contained shall prevent the County from taking such other lawful
action in any court of competent jurisdiction as is necessary to prevent or remedy any
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refusal to comply with, or in violation of,this Ordinance or the emergency measures
which may be made effective pursuant to this Ordinance. Such other lawful action shall
include, but not be limited to, an equitable action for injunctive relief or an action at law
for damages.
P. Sec. 38-71. Right of Entry and Indemnification.
In conjunction with the right of entry, each property owner adjacent to a private road or
street or gated community association shall indemnify and hold harmless the United States
Government, Department of Homeland Security (DHS), Federal Emergency Management
Agency (FEMA),the State of Florida, Collier County and their agents, officers, employees,
volunteers, contractors and subcontractors, from any and all claims, losses, penalties, demands,
judgments, and costs of suit, including, but not limited to, worker's compensation claims, and
including attorney's fees and paralegal fees, for any expense, damage or liability incurred by any
of them, whether for personal injury, property damage, direct or consequential damages, or
economic loss, arising directly or indirectly on account of or in connection with the work
performed by any of the above pertaining to any hazard or disaster mitigation, drainage problem,
debris removal, recovery or reconstruction management.
Q. Sec. 38-72. Disaster-Generated Debris Removal Management Plan; Authority,
Priorities and Limitations.
(1) The County Manager, or designee, shall have the authority, subject to the
limitations of this section, to remove disaster-generated debris located within the County
on County-owned property, County-owned roads, and private roads, and drainage
easements after the declaration of any state of emergency pursuant to this Ordinance. The
removal of such disaster-generated debris is authorized only after a major disaster or a
catastrophic disaster and upon the determination by the County Manager, or designee,
that such removal is reasonably necessary to eliminate immediate threats to life, public
health, and safety; to eliminate immediate threats of significant damage to improved
County-owned property; or to ensure economic recovery of the affected community to
the benefit of the community at large.
(a) An immediate threat to life, public health, and safety shall be deemed to
exist if any one (1) of the following conditions is satisfied:
1. There is a significant likelihood that rescue vehicles will be
significantly hindered from rendering emergency services if the disaster-
generated debris is allowed to remain in place;
2. The type of disaster-generated debris is such that it may reasonably
cause disease, illness, or sickness which could injure or adversely affect
the health, safety, or general welfare of those residing and working in the
area if it is allowed to remain;
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3. The removal of the disaster-generated debris is necessary to
effectuate orderly and expeditious restoration of County-wide utility
services including, but not limited to,power, water, sewer, and telcphonc
data and voice communications;
4. The disaster-generated debris is determined by the County building
official or public health official to be dangerous or hazardous;
5. The disaster-generated debris prevents solid waste collection,
thereby creating a public health and safety hazard;
6. The disaster-generated debris contains contaminants which have a
reasonable likelihood of leeching into the soil and/or aquifer of the
County;
7. The disaster-generated debris has a substantial negative impact
upon public health and safety by preventing or adversely affecting
emergency repairs to buildings and/or property;
8. The disaster-generated debris presents a reasonable danger of
being transported by wind and/or water to neighboring properties, thereby
increasing the cost of recovery and removal;
9. The disaster-generated debris is significantly likely to produce
mold or may otherwise cause disease, illness, or sickness which could
injure or adversely affect the health, safety, or general welfare of the
public;
10. The presence of the disaster-generated debris significantly
adversely impacts the County's recovery efforts;
11. The disaster-generated debris significantly interferes with drainage
or water runoff and the stormwater flow of certain creeks, canals, retention
ponds, drainages, flood control structures, and swales, so as to be a
significant hazard in the event of significant rainfall;
12. The sheer volume of the disaster-generated debris is such that it is
impractical and unreasonable to remove in an orderly and efficient manner
absent action by the County; or
13. The type, extent and nature of the disaster-generated debris is such
that it would cause much greater damage if not removed immediately.
(b) An immediate threat of significant damage to improved County-owned
property shall be deemed to exist if the cost to remove the disaster-generated
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debris is less than the cost of potential damage to the improved property, thereby
being a cost effective removal.
(2) Removal from County-owned property and County rights-of-way.
(a) In removing disaster-generated debris from County-owned property and
County rights-of-way,the highest priority shall initially be given to responding to
immediate threats to life, public health, and safety; eliminating immediate threat
of significant damage to County property or facilities; and pushing or removing
disaster-generated debris from the County rights-of-way to permit safe passage.
(b) The removal of disaster-generated debris in accordance with the priority
set forth in subsection (2)(a) shall begin as soon as functionally feasible after the
occurrence of a major disaster or catastrophic disaster. The primary operation of
the County work forces will be to cut and toss disaster-generated debris,
depositing it along the County rights-of-way, thereby creating access to the major
arterial roadways to allow for expedited search and rescue efforts as well as
recovery efforts. Upon completion of the cut and toss operation, County work
forces will begin the removal of other disaster-generated debris. The owners of
private property or those individuals otherwise in possession of private property
that adjoins County rights-of-way may place disaster-generated debris in the
County right-of-way in accordance with the requirements set forth in subsection
(d). The community-at-large will be notified of the initial start date for removal of
disaster-generated debris by County work forces and will subsequently be notified
prior to the last removal pass by County work forces. After the last such removal
pass, County residents will be responsible for the removal of any remaining
disaster-generated debris which meets pre-disaster service collection requirements
whether they be self-provided,provided through a private contractor, or provided
through regular waste disposal services.
(c) Upon the resumption of pre-disaster waste collection activities, County
residents will be held accountable for the placement of any remaining disaster-
generated debris along County rights-of-way and private roads, or on private
property, which placement does not meet pre-disaster collection service standards
and is found to be not in compliance with this Ordinance or with any other
County regulation.
(d) The removal of disaster-generated debris consisting of either hazardous
trees or hazardous limbs on County-owned property and County rights-of-way is
authorized only upon the satisfaction of each of the following conditions:
1. The damage to the hazardous tree or hazardous limb was the result
of the disaster; and
2. The hazardous tree or hazardous limb is in danger of falling on a
structure or other improvement, on a primary ingress or egress route, or on
a County right-of-way.
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(3) Removal from private roads.
(a) The authority for County work forces to enter upon a private road for
utilization in the disaster-generated debris removal management plan shall be as
provided in F.S. § 252.36(d), or as may be thereafter amended, and shall in no
way be deemed to be a trespass.
(b) The removal by County work forces of disaster-generated debris from
private roads shall be performed only upon the satisfaction of each of the
following conditions:
1. The disaster-generated debris removal management plan has been
implemented in accordance with this section;
2. A determination has been made by the County work forces that
such removal is reasonably necessary to eliminate immediate threats to
life, public health, and safety or to ensure economic recovery of the
affected community to the benefit of the community-at-large; provided,
however, that the highest priority shall initially be given to responding to
immediate threats to life, public health, and safety; and
3. Any disaster-generated debris removed from a private property has
been placed in or adjacent to the private road in accordance with the
requirements of this section, unless such requirements have been waived
by the County Manager or his or her designee.
(c) Removal of hazardous trees or hazardous limbs. The removal of disaster-
generated debris consisting of either hazardous trees or hazardous limbs
overhanging or otherwise endangering a private road shall be deemed to be the
responsibility of the adjacent private property owners, and the County work forces
shall not be authorized to remove or to otherwise act upon such disaster-generated
debris unless it is necessary to eliminate an immediate threat to the safety of
County work forces.
(d) With regard to the implementation of its disaster-generated debris removal
management plan, and subject to the restrictions and requirements of F.S. §
768.28,the County shall indemnify and hold the federal government, its agencies
and employees, harmless from any claims arising from or based upon the exercise
or performance of, or the failure to exercise or perform, a discretionary function
or duty on the part of any federal agency or any employee of the federal
government in carrying out the provisions of the Stafford Act.
(4) Responsibility of private property owners.
(a) The owners of private property, or those individuals otherwise in
possession of private property, shall be responsible for assuring that the placement
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of any disaster-generated debris in County rights-of-way or on private roads for
removal by County work forces satisfies each of the following conditions:
1. The disaster-generated debris shall be neatly stacked, piled, or
placed with its leading edge lying within the three-foot roadside shoulder
area on either side of the travel lanes of the road.
2. The disaster-generated debris shall be separated into stacks or piles
of the following types of debris:
i. Putrescent debris and mixed common household items.
ii. Vegetative debris.
iii. Construction and demolition debris.
iv. White goods.
v. Hazardous household waste and electronic waste including
the segregation of batteries.
3. The disaster-generated debris shall be placed so that it does not
block the roadway, traffic signs and signals, stormwater structures or
backflow devices.
4. The disaster-generated debris shall be placed so that it is not under
any power lines, not on top of any water meters, or not within three (3)
feet of any power poles, fire hydrants, vehicles, mailboxes, or fences.
(b) Any damage to personal property by County work forces resulting from
the placement of disaster-generated debris in a manner inconsistent with this
section shall be the responsibility of the private property owner, or individual
otherwise in possession of private property, who misplaced such debris.
(c) Any owners of private property, or any individuals otherwise in
possession of private property, who stack, pile, or otherwise place anything for
removal on County rights-of-way or on private roads which is deemed not to be
disaster-generated debris, shall be responsible for removing such unauthorized
debris no later than twenty-four(24)hours after notification of such removal
requirement by a member of the County work forces. Any such owner or other
individual who fails to timely comply with such removal requirement shall
thereafter be responsible for any costs associated with the removal of such
unauthorized debris by County work forces.
(d) Commercial livestock and farming operations shall be responsible for the
timely disposal of animal carcasses in coordination with the Florida Department
of Agriculture and the Florida Department of Health in conjunction with FEMA,
other State or Federal guidelines to ensure safety to public health.
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Exhibit "A"
Report
Hurricane Damage Report
FOR
All Property Damage/Loss
Complete this form and send to Risk Management. (Fax: 771 8018). If you need to talk with
someone in the Risk Management department, call 252771-8461. For injuries to County
employees, also complete a Collier County Employee Accident Investigation Report.
Date: _ Time:
Department: Facility Location:
Phone #: Contact:
Describe damage completely:
Damage Estimate $
(If Vehicle)
Year: Make & Model: Plate #: Asset#:
VIN #:
Describe damage:
Damage Estimate $
Check appropriate responses:
o Pictures of Damage(s) sent to Risk Management
o Efforts to minimize damage/loss to county property taken
Please attach additional pages if multiple damages/losses have occurred.
SECTION TWO: CONFLICT AND SEVERABILITY
In the event that 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 this Ordinance is
held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be
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deemed separate, distinct and independent provision and such holding shall not affect the validity
of the remaining portion.
SECTION THREE: 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 this 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 FOUR: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida,this 26 A day of Ada vs-1- , 2025.
ATTEST: -- BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KII ;CLERK COLLIER COUNTY, FLORIDA
s
By: By:
, •y, .e ty Clerk urt Saun ers, Chairman
Attest as a
t+� Chairrn2it'��'�
signature only '
Approved as to form and legality:
This ordinance filed with the
S s ar $gcfetary of tat-'s Ofice the
Assistant ounty Attorney C;(?C-1 � ,Q{� day of e
i \ and acknowie.gement f that
filin,grceied this .(2+ day
of
o.ovh Clr,k
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k+ AIHH S,i.,
; -** j-.4. '
FLORIDA DEPARTMENT Of STATE
,
RON DESANTIS CORD BYRD
Governor Secretary of State
September 24, 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. 25-40, which was filed in this office on September 24,
2025.
Sincerely,
Alexandra Leijon
Administrative Code and Register Director
AL
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270