Agenda 12/09/2025 Item #16A25 (Advertise an Ordinance which regulates construction in the public rights-of-way)12/9/2025
Item # 16.A.25
ID# 2025-4519
Executive Summary
Recommendation to direct the County Attorney to advertise an Ordinance to amend Ordinance No. 2003-37, as amended,
cited in Chapter 110, Article II of the Collier County Code of Laws and Ordinances, which regulates construction in the
public rights-of-way, to add additional right-of-way permit requirements and a section regulating excavation activities
within the public right-of-way.
OBJECTIVE: The public purpose is to protect county owned property and infrastructure. This item requests permission
to advertise an Ordinance to provide additional right-of-way permit requirements and a section regulating excavation
activities within the public right-of-way.
CONSIDERATIONS: On June 24, 2003, the Board adopted Ordinance No. 03-37 to establish a set of standards to
regulate and require consistency and quality of workmanship and materials for construction activities within the County
rights-of-way. Ordinance No. 03-37 is memorialized in Collier County Code of Laws and Ordinances, Chapter 110,
Section 2, “Construction in Public Rights-of-Way.” Ordinance No. 03-37 was enacted to protect the public against
hazards resulting from private construction in the public right-of-way, and to protect the structural and physical integrity
of Collier County-owned or Collier County-controlled public road right-of-way facilities and materials including and not
limited to roads, soils, bridges, and/or drainage facilities. Ordinance No. 03-37 has been amended several times to
update the standards outlined in the Collier County Construction Standards Handbook.
In the last several years, the County has incurred significant monetary damage resulting from third party contractors
performing excavation work in the County-owned rights-of-way and damaging County property resulting in repair costs
to the County and temporary loss of essential services to County customers. The County Attorney’s Office is currently
handling four active lawsuits against several different excavation contractors seeking to recover approximately
$433,565.00 in total. County staff has referred several other claims to the County Attorney’s Office in recent weeks
which total approximately $455,270.00 in damages. In sum, there is more than $850,000.00 in damage to County
facilities that the County has not been reimbursed for to date and is actively pursuing subrogation claims.
The draft Ordinance amends Ordinance No. 03-37 to add right-of-way permit bond requirements that would be effective
March 1, 2026 and other sections that would be effective upon filling with the State, that regulate excavation activities
within the public right-of-way to mitigate damage to County property in the public right-of-way and protect customers
from loss of essential services.
Staff and the County Attorney are requesting that the Board provide direction to advertise the attached Ordinance.
This item is consistent with the Collier County strategic plan objective to plan and build public infrastructure and
facilities to effectively, efficiently, and sustainably meet the needs of our community. It further is in support of the
Infrastructure and Asset Management Strategic Focus Area’s objectives to optimize the useful life of all public
infrastructure resources through proper planning and preventative maintenance.
FISCAL IMPACT: There is no cost for advertising using the Clerk’s website for public advertisements.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action.
LEGAL CONSIDERATIONS: The idea behind this is if a contractor damages our infrastructure, they and their
affiliates will receive no more permits for work in the right-of-way until they either fix it or reimburse us. The hope
here is that this has a more immediate effect than our simply filing suit. This item is approved as to form and legality
and requires a majority vote for Board direction. (JAK)
RECOMMENDATION(S): Recommendation to direct the County Attorney to advertise an Ordinance to amend
Ordinance No. 2003-37, as amended, cited in Chapter 110, Article II of the Collier County Code of Laws and
Ordinances, which regulates construction in the public rights-of-way, to add additional right-of-way permit requirements
and a section regulating excavation activities within the public right-of-way.
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12/9/2025
Item # 16.A.25
ID# 2025-4519
PREPARED BY: Jim DeLony, Department Head, Public Utilities
ATTACHMENTS:
1. Collier County Right-of-Way Ordinance v.16(1)
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ORDINANCE NO. 2025-_____
AN ORDINANCE AMENDING ORDINANCE NO. 2003-37, AS
AMENDED; PROVIDING FOR REVISIONS TO THE
PURPOSE, DEFINITIONS, AND PERMIT SECTIONS;
PROVIDING FOR REGULATIONS REGARDING
EXCAVATION WITHIN THE RIGHT-OF-WAY; PROVIDING
FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE COLLIER COUNTY CODE OF LAWS
AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, in 1977, Collier County first established a set of standards to regulate and
require consistency and quality of workmanship and materials for construction activities within
the County right-of-way, which standards were updated in 1982, 1989, 1993, 2003 and 2009; and
WHEREAS, the Board of County Commissioners (Board) enacted Ordinance No. 2003-
37, as amended, cited in Chapter 110, Article II of the Collier County Code and Ordinances, which
Ordinance, among other things, concerns the regulation of private construction in Public Rights-
of-Way; and
WHEREAS, the County has incurred significant monetary damage resulting from third
party contractors performing excavation work in the County Rights-of-Way and damaging County
property resulting in repair costs to the County and temporary loss of essential services to County
customers; and
WHEREAS, Section 556.111, Florida Statutes, authorizes the Board to enact reasonable
rules and regulations relating to its Public Rights-of-Way; and
WHEREAS, Section 337.401, Florida Statutes, further authorizes the Board to enact and
enforce reasonable rules and regulations with reference to the placing and maintaining of utilities
along, across, or on any road and may grant to a resident or corporation organized or licensed in
Florida the use of the right-of-way in accordance with said rules and regulations; and
WHEREAS, it is necessary to implement reasonable rules and regulations regarding work
performed in the County owned right-of-way to protect the health, safety, and welfare of County
citizens; and
WHEREAS, the Board deems this Ordinance to be in the best interest of the citizens of
the County.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Ordinance No. 03-27, as amended, and as codified in article II Construction
in Public Rights-of-Way, Sections 110-26 through 110-35 of the Code of Laws and Ordinances of
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Collier County, Florida, is hereby amended as follows:
Sec. 110-26. Purpose
This article is to protect the public against hazards resulting from private construction in the
public right-of-way, and to protect the structural and physical integrity of Collier County-owned
or Collier County-controlled public road right-of-way facilities and materials including and not
limited to roads, soils, bridges, sidewalks, signs, wellheads, and/or drainage facilities., and protect
the public from the interruption of services resulting from damage to an underground facility
caused by excavation operations in the public right-of-way.
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Sec. 110-27. Definitions
County: Means the Transportation Services Division of Collier County, the Collier County
Community Development and Environmental Services Division Collier County Growth
Management Community Development Department, the Collier County Transportation
Management Services Department, the Collier County Public Utilities Department (the
“Departments”), and any other division or department of Collier County needed to assist the said
transportation services division and/or the said community development and environmental
services division Departments in enforcement of this Ordinance.
Excavate or Excavation: Means any manmade cut, cavity, trench, or depression in the earth’s
surface, formed by removal of earth, intended to change the grade or level of land, or intended to
penetrate or disturb the surface of the earth, including land beneath the waters of the state, as
defined in Section 373.019(22), Florida Statutes, and the term includes pipe bursting and
directional drilling or boring from one point to another point beneath the surface of the earth, or
other trenchless technologies.
Existing Facility: Means any construction, excavation, obstruction, hole, or other change to the
then existing structure and/or compaction of soil in any public right-of-way commenced prior to
the adoption of this Ordinance, for which a Collier County right-of-way construction permit has
not been granted.
Offending Material: Means any object placed, constructed, or grown in any public right-of-way
with or without a Collier County permit and that may endanger any person, damage the right-of-
way, restrict existing or planned drainage, or impair normal maintenance.
Responsible Party: Means the individual, person, firm, private or governmental entity,
corporation, association, department or authority under whose control, authorization, or direction
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any offending material has been placed, constructed or grown in any Collier County right-of-way,
including any right-of-way under such control of Collier County. Whenever the true identity of
any such responsible party remains unknown after diligent inquiry, “Responsible Party” shall then
include all owners of the fee title to the real property upon or over which the offending material
has been placed.
Sec. 110-31. Permits
A. It shall be unlawful for any Responsible Party to dig, excavate, obstruct, or place any
construction or other material, or perform any other work which disturbs the existing structure
and/or compaction of soil in any right-of-way provided for public use in Collier County, including
any public right-of-way maintained by Collier County within the boundaries of any municipal
corporation, without first obtaining a permit for such work from the Collier County Transportation
Operations Department County as specified herein or in the Handbook as defined in Section 110-
28. In addition, it shall be unlawful for any Responsible Party to park in any right-of-way provided
for public use in Collier County, unless otherwise authorized.
B. Application for each permit shall be made on forms provided by the County. Such application
shall include, the following information:
1. The precise physical location of the construction.
2. The total linear feet of the proposed work area.
2. 3. The type of facility to be constructed.
3. 4. The method of construction to be used.
4. 5. The expected time schedule for completion of construction.
5. 6. Sketches and drawings in duplicate to completely depict the nature of all the proposed
construction.
6. 7. All other information required in the Handbook.
8. The number of active right-of-way permits issued by the County to the applicant.
9. If applicable, the name and contact information for the subcontractor hired by the applicant
to perform the work.
7. 10. Additional information as may reasonably be required by the County due to unique
conditions of the project or the permit requested, for example, a lane closure permit differs
significantly from an overweight or oversize permit.
C. The permittee shall be responsible for all conditions of the permit and to pay the applicable
permit fee then established by resolution of the Board of County Commissioners (the Board).
D. The Collier County Transportation Operations Department County may take any of the
following actions on a permit application:
1. Approve the permit based on the application as submitted.
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2. Deny the permit based on insufficient information or site-specific information, and
or data inconsistent with the requirements of the hHandbook or the Collier County
Land Development Code (LDC), or a violation of the conditions described in this
Ordinance, any other applicable County Ordinances, federal or state law.
3. Issue a notice of intent to issue a permit valid for up to one year, based on the
applicant's proposed time frame for construction within the right-of-way. If work
will not begin within 30 calendar days of the date on which a permit would
otherwise be issued, then such notice of intent shall be issued in lieu of the actual
permit. Upon reactivation of the permit application by the applicant, the
transportation operations department County will review the application to assure
that no conditions have changed and either issue the permit or revise any site-
specific stipulations to the permit prior to issuance.
E. If the Collier County Transportation Operations Department County denies the issuance of,
suspends, or revokes such a permit, the applicant may appeal by filing a written notice of appeal
with the board (with a copy to the county clerk) Collier County hearing examiner, not later than
ten working days after the effective date of the notice of denial. The board hearing examiner will
hear the appeal within 90 30 days from the date of the written notice of appeal at a regularly
scheduled board meeting. The appellant may appear before the board hearing examiner; the
decision of the board hearing examiner shall be final.
F. No permit shall be issued unless the proposed construction conforms to the then current edition
of the following referenced publications. In the case of conflict or inconsistency, the more
restrictive rule shall apply.
1. The hHandbook.
2. Construction methods or specifications contained in Florida Department of
Transportation (FDOT) Standard Specifications for Road and Bridge Construction,
and the most current FDOT Road Design Standards, Construction, Maintenance
and Utility Operations on the State Highway System.
3. The most current FDOT Manual of Uniform Minimum Standards for Design,
Construction and Maintenance for Streets and Highways.
4. Collier County Land Development Code (LDC, unless exempt under the existing
LDC or current Florida Statutory law).
5. Collier County Maintenance of Traffic Policy (CMA Instruction 5807, latest
revision).
If standards for the proposed construction are not contained in these references, the Collier County
Community Development and Environmental Services Division and/or Transportation Operations
Department County may impose additional conditions and/or stipulations, including as to
sidewalks/bikeways, traffic control devices, and roadway improvements as part of the permit for
the proposed construction.
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G. All work performed under any Collier County permit shall be at the expense of the permittee
and at no expense to Collier County.
H. The Collier County Transportation Operations Department County may suspend or revoke a
permit whenever any stipulation and/or condition of the permit is not being fully and promptly
complied with, or when deemed essential by Collier County to protect the physical safety of the
public.
I. The County may also deny, suspend, or revoke all active permits where the permittee has failed
or refused to reimburse the County for damage to County property caused by the permittee or
permittee’s subcontractors while performing work under a prior issued permit.
J. The County shall have the authority to observe work in the County owned right-of-way and
issue stop work orders for any practices that the County Manager, or designee, deems in violation
of this Ordinance, any other or applicable County Ordinance, federal or state law. The permittee
shall have ten (10) days to cure the violation from the date of notice. If the permittee fails to cure
the violation within 10 days, then the County may revoke the permit.
The following new section is hereby added to Ordinance Number 2003-37, as amended:
SEC.110-33: EXCAVATION WITHIN THE RIGHT-OF-WAY
Excavation activities within the public right-of-way shall also be subject to the following
requirements:
1. The permittee shall comply with the Underground Facility Damage Prevention and Safety
Act set forth in Chapter 556, Florida Statutes (2000), as it may be amended.
2. In addition to the requirements set forth in Section 556.105, Florida Statutes, the permittee
shall provide the Sunshine State 811 -Call of Florida operator with the permit number
issued by the County covering the proposed excavation work.
3. The County, as a condition precedent to the issuance of a permit for excavation activities
within the right-of-way, shall require the applicant to secure a bond at the applicant’s sole
cost and expense as follows:
a. The bond shall be in an amount as determined by the County Manager, or designee,
in their sole discretion; and, unless otherwise required by the County Manager, or
designee, the amount of the bond shall be a minimum of $50,000.00.
b. The bond shall indemnify the County and private property owners against any
damage caused by the permittee, including the permittee’s subcontractors, while
performing an excavation within the right-of-way.
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c. The bond shall remain in effect for one (1) year after the satisfactory completion
of the permitted work. At the conclusion of one (1) year after the satisfactory
completion of the permitted work, the Board of County Commissioners is
authorized to release the bond only after verification by the County staff that there
is no claim for damages to County property within the right-of-way.
d. Each right-of-way bond may secure no more than ten right-of-way permits at any
given time. Once a permit is issued and assigned to a specific bond, that permit
shall count toward the ten-permit maximum for the duration of the bond’s lifecycle,
regardless of whether any work has commenced. Permits assigned to a bond may
not be substituted, exchanged, or replaced with any other permit after issuance. A
permit canceled by the permittee before any work has begun shall continue to count
toward the ten-permit allocation for that bond and shall not be replaced with
another permit. If the permittee submits applications for additional right-of-way
permits that would exceed the ten-permit limit of an existing bond, the permittee
shall provide an additional bond meeting the requirements of this section prior to
issuance of any additional permits. The County shall not issue more than ten right-
of-way permits secured under a single bond.
e. If a bond securing one or more right-of-way permits expires, is canceled, becomes
inactive, or is otherwise withdrawn, all right-of-way permits secured by that bond
shall be automatically deemed suspended or inactive as of the date the bond
becomes inactive. No work may continue under any suspended or inactive permit,
and no new right-of-way permits shall be issued to the permittee until acceptable
replacement security is provided and verified by the County.
f. If any right-of-way permit secured by a bond expires without completion, or if the
permittee is issued a written notice of violation and fails to initiate corrective action
within the timeframe specified by the County, all other active right-of-way permits
secured by that bond shall be automatically suspended until the violation is
corrected or acceptable replacement security is provided.
g. The bond shall be from a surety company authorized to do business in the State of
Florida and shall meet the requirements of the Department of the Treasury Fiscal
Service, "Companies Holding Certificates of Authority as Acceptable Sureties on
Federal Bonds and as Acceptable Reinsurance Companies."
h. An irrevocable letter of credit from a financial institution operating within Collier
County, Florida (or other alternative forms of surety as permitted under Florida
law) or cash bond may be sufficient in place of the bond.
i. All such bonds, letters of credit, or cash bonds shall be approved as to form by the
County Attorney and held by the Clerk's Board Minutes and Records Department.
j. The bond requirements in this section shall not apply to right-of-way permits for
single-family residential driveway improvements.
4. The County, water and sewer districts, and municipality-owned shall be exempt from the
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bonding requirements described in paragraph 3. of this section.
The following Sections of Ordinance 2003-37 are hereby renumbered as follows:
SECTION110-33 110-34. RULE OF CONSTRUCTION OF THIS ORDINANCE.
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SECTION 110-34 110-35. CONFLICT AND SEVERABILITY.
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SECTION 100-35 110-36. PENALTIES.
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Except as renumbered, these sections remain otherwise unchanged.
SECTION TWO: 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 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 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 FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Florida Department of State except
for the bond requirements outlined in Section 110-33(3.) which shall be effective on March 1,
2026.
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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 of Courts COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk Burt L. Saunders, Chairman
Approved as to form and legality:
_______________________________
Jeffrey A. Klatzkow, County Attorney
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