Agenda 12/09/2025 Item #17L (Ordinance - Amending Article IV, as promulgated by Ordinance No. 04-55, as amended, amending Section 22-110, pertaining to excavation review procedures; amending Article III, promulgated by Ordinance No. 04-31, as amended,)12/9/2025
Item # 17.L
ID# 2025-4695
Executive Summary
Recommendation to adopt an Ordinance amending the Code of Laws and Ordinances of Collier County, Florida,
amending Article IV, as promulgated by Ordinance No. 04-55, as amended, amending Section 22-110, pertaining to
excavation review procedures; amending Article III, as promulgated by Ordinance No. 04-31, as amended, amending
Section 134-58, pertaining to construction approval and document submissions; providing for conflict and severability;
providing for inclusion in the Collier County Code of Laws and Ordinances; and providing for an effective date.
[PL20250008677]
OBJECTIVE: To approve an Ordinance amending the Code of Laws and Ordinances of Collier County, Florida.
CONSIDERATIONS: Prior to July 01, 2025, plat or replat submittals were reviewed and approved by the Board as the
local governing authority, pursuant to F.S. 177.071. On June 20, 2025, the Governor signed into law an amendment to
this statute that now requires local governments to designate an “administrative authority” to review and approve plats
and replats administratively, rather than by the local governing body. To comply with F.S. 177.071, this ordinance
amendment modifies the appropriate Code of Laws and Ordinances sections to specify that an “Administrative Official”
rather than the Board shall approve a plat or replant, including a plat before the approval of construction documents.
Pursuant to the new Florida law that became effective October 1, 2025, local governments must revise timeframes for
processing applications for development permits or orders. Also, the ordinance amendment updates the timeframe for
excavation review applications to comply with the mandates of F.S. 177.071.
This item is consistent with the Collier County strategic plan's objective to operate an efficient and customer-focused
permitting process for Community Development.
FISCAL IMPACT: There are no anticipated fiscal impacts to Collier, except for the costs associated with processing
and advertising the ordinance amendment, estimated at $50. This amendment will reduce staff’s time and improve the
process for applicants to obtain administratively plat or replat approvals.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote of the Board
for approval. – CLD
RECOMMENDATION(S): To adopt an Ordinance amending the Code of Laws and Ordinances of Collier County,
Florida.
PREPARED BY: Richard Henderlong, Planner III, Zoning Division
ATTACHMENTS:
1. Ordinance Administrative Approval of Plats (Code of Laws) v.2
2. Code of Law Amendment-Plat, Replat, and Construction Documents, Excavation Review Update 10-17-25 BCC
3. legal ad - agenda ID 25-4695 - Admin Plat Approval Code of Laws amdmt PL20250008677 - 12-9-25 BCC
Page 9459 of 9661
[25-LDS-00378/1981196/1] 23 Page 1 of 4
Words underlined are added; Words struck through are deleted.
ORDINANCE NO. 2025-_____
AN ORDINANCE AMENDING THE CODE OF LAWS AND
ORDINANCES OF COLLIER COUNTY, FLORIDA,
AMENDING ARTICLE IV, AS PROMULGATED BY
ORDINANCE NO. 04-55, AS AMENDED, AMENDING SECTION
22-110, PERTAINING TO EXCAVATION REVIEW
PROCEDURES; AMENDING ARTICLE III, AS
PROMULGATED BY ORDINANCE NO. 04-31, AS AMENDED,
AMENDING SECTION 134-58, PERTAINING TO
CONSTRUCTION APPROVAL AND DOCUMENT
SUBMISSIONS; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DATE.
[PL20250008677]
WHEREAS, the Florida Legislature enacted Chapter 2025-177, Laws of Florida, codified
in part as Section 125.022, Florida Statutes, with an effective date of October 1, 2025; and
WHEREAS, Chapter 2025-177, Laws of Florida, revised the timeframes for processing
applications for development permits or orders; and
WHEREAS, the Florida Legislature enacted Chapter 2025-164, Laws of Florida, codified
in part as Section 177.071, Florida Statutes, with an effective date of July 1, 2025; and
WHEREAS, Section 177.071, Florida Statutes, requires administrative approval of plats
and replats; and
WHEREAS, Section 177.071, Florida Statutes, further requires the Board of County
Commissioners (“Board”) to designate an administrative official responsible for approving,
approving with conditions, or denying the proposed plat or replat; and
WHEREAS, the Board now desires to revise the Code of Laws and Ordinances of Collier
County, Florida to comply with Sections 125.022 and Section 177.071, Florida Statutes,
respectively.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Article IV, Section 22-110, Excavation Review Procedures, of the Code of
Laws and Ordinances of Collier County, Florida is amended as follows:
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Sec. 22-110. Excavation review procedures.
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(h) Excavation application time limit for review. Excavation application, once deemed complete
and sufficient, will remain under review so long as a resubmittal in response to County reviewers'
comments is received within 270 calendar days from the date on which the comments were sent
to the applicant. If a response is not received within this time, the application for the excavation
review will be considered withdrawn and cancelled. Further review of the project will require a
new application and payment of new application fees subject to the then current regulations.
Review timeframes will comply with the mandates of Section 125.022, Florida Statutes.
SECTION TWO: Article III, Section 134-58, Construction approval and document submissions,
of the Code of Laws and Ordinances of Collier County, Florida is amended as follows:
Sec. 134-58. Construction approval and document submissions.
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(d) Plats.
(1) A copy of the proposed plat for new subdivisions that contain potable water,
non-potable irrigation water and/or wastewater system(s) or portion(s)
thereof shall be submitted with the construction drawings to the county staff
for review and approval. All utility easements that will be required for the
potable water, non-potable irrigation water and/or wastewater system(s) or
portion(s) thereof shall be shown on the plat, if possible. Further, the
dedication block on the cover sheet shall contain the following statements:
a. That all utility easements for potable water, non-potable irrigation water
and/or wastewater system(s) or portion(s) thereof and Ingress and Egress
rights, where appropriate, are provided to the Collier County Water-
Sewer District to operate and maintain potable water, non-potable
irrigation water and/or wastewater utility systems or portion(s) thereof
within the Platted Area after final conveyance to the CCWSD; and, where
applicable, to install the CCWSD's connecting utility facilities within
such easement(s).
b. Applicable potable water, non-potable irrigation water and/or wastewater
system(s) or portion(s) thereof constructed within this platted area in
compliance with the requirements set forth herein shall be conveyed to
the board as the ex-officio governing board of the water-sewer district
upon acceptance of the additions, extensions and/or improvements
required by the plat.
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[25-LDS-00378/1981196/1] 23 Page 3 of 4
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(2) Final approval of construction documents for a project will not be made until
the board Administrative Official, pursuant to the LDC requirements, has
duly approved the proposed plat. Plats submitted and approved by the board
Administrative Official shall be in complete accordance with this ordinance.
Any requests for deviations from this ordinance shall be clearly outlined in
the executive summary, with a copy sent to the affected division(s).
Deviations approved as part of the plat shall not be valid unless clearly
outlined in the applicant's submittal letter and a copy of such approval by
the public utilities department administrator or designee(s) is provided. If a
plat is not required for a specific project, the engineer of record shall provide
documentation confirming such so that the county staff may determine the
extent of utility easements that must be provided.
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SECTION THREE: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FOUR: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or
relettered to accomplish such, and the word “ordinance” may be changed to “section,” “article,”
or any other appropriate word.
SECTION FIVE: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this ___ day of _____________, 2025.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K. Kinzel, Clerk of Courts COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk Burt L. Saunders, Chairman
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[25-LDS-00378/1981196/1] 23 Page 4 of 4
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Approved as to form and legality:
______________________________
Courtney L. DaSilva
Assistant County Attorney
CLD
11/12/25
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CODE OF LAW AMENDMENT
PETITION
PL20250008677
SUMMARY OF AMENDMENT
This amendment seeks to allow a County “Administrative Official”to be
the designated “administrative authority” to approve, approve with
conditions, or deny subdivision plats or replats, and sign the plat or replat
and the Construction and Maintenance Agreement on behalf of the Board
of County Commissioners. It shall update the excavation review
procedure’s timeframe for excavation applications.
CODE OF LAW SECTION TO BE AMENDED
134-58 Construction Approval and Document Submissions
22-110 Excavation review procedures.
ORIGIN
Growth Management
Community Department
HEARING DATES
BCC 12-09-25
CCPC 10-16-25
DSAC 08-19-25
DSAC-LDR 08-19-25
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
N/A
DSAC
N/A
CCPC
N/A
BACKGROUND
Prior to July 01, 2025,plat or replat submittals were reviewed and approved by the Board of County
Commissioners (Board) as the local governing authority confirmed by F.S. 177.071:“Approvals of plats
by governing body”. The Governor on June 20,2025 signed into law an amendment to this statute that
now require local governments to designate an “administrative authority” to review and approve plats
and replats administratively, rather than by the local governing body. The amended law became effective
on July 01, 2025. (See Exhibit A)
On July 8, 2025, the Board of County Commissioners (Board) adopted Resolution No. 2025-131,
designating the Development Review Division within the Growth Management Community
Development Department as the “administrative authority” to review and process plat or replat
submittals pursuant to F.S.177.01 (1)(a). In accordance with statute, the County Manager, Deputy
County Manager, Community Development Department Head, Development Review Director and/or
Zoning Division Director are each a delegated authority to administratively approve, approve with
conditions, or deny subdivision plats or replats and to execute the plat/replat and the Construction and
Maintenance Agreement on behalf of the Board (local governing body).
Staff reviewed the Code of Laws and Ordinances that govern plats, replats and construction approval
and document submittals and found in Division 3-Subdivision Regulations, Section 250-73.Approval
of plats, addresses the general parameter for plat approval and Chapter 266 Subdivisions, Section 266-
1. Replats, for accepting and processing replats for previously platted property. Additionally, the Code
of Laws and Ordinances, pursuant to Section 134-58 (d)(2), states that construction approval and
document submissions approval of construction documents are not made until the Board has approved
the proposed plat.
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To comply with statute, this proposed amendment modifies the appropriate Code of Laws and
Ordinances sections to specify that an “Administrative Offical” rather than the Board shall approve a plat
or replat including a plat prior to the approval of construction documents.
Pursuant to new Florida law, Chapter 2025-177, that became effective October 1, 2025, local
governments must revise timeframes for processing applications for development permits or orders.
Non-quasi-judicial hearing applications must be approved or denied within 120-days and quasi-judicial
hearing applications within 180-days. Also, this amendment updates the timeframe for excavation
review procedure applications.
During public meetings, the Code of Laws amendment was mentioned only as an information item, to members
of DSAC-LDR, Development Services Advisory Committee and Collier County Planning Commission.
FISCAL & OPERATIONAL IMPACTS
This amendment shall reduce staff’s time and
improve the process for applicants to obtain
administratively plat or replat approvals.
GMP CONSISTENCY
This amendment has no impact associated with the
Growth Management Plan.
EXHIBITS: A) F.S.Chapter 2025-164 and Resolution 2025-131
Page 9465 of 9661
Exhibit A – F.S. Chapter 2025-164 and Resolution 2025-131
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Amend the Code of Laws as follows: 1
2
Chapter 134 – UTILITIES 3
Article III-UTILITIES STANDARDS AND PROCEDURES 4
Section 134-58. – Construction approval and document submissions. 5
6
* * * * * * * * * * * * * 7
8
(d) Plats. 9
10
(1) A copy of the proposed plat for new subdivisions that contain potable water, non-11
potable irrigation water and/or wastewater system(s) or portion(s) thereof shall be 12
submitted with the construction drawings to the county staff for review and 13
approval. All utility easements that will be required for the potable water, non-14
potable irrigation water and/or wastewater system(s) or portion(s) thereof shall be 15
shown on the plat, if possible. Further, the dedication block on the cover sheet 16
shall contain the following statements: 17
18
a. That all utility easements for potable water, non-potable irrigation water 19
and/or wastewater system(s) or portion(s) thereof and Ingress and Egress 20
rights, where appropriate, are provided to the Collier County Water-Sewer 21
District to operate and maintain potable water, non-potable irrigation 22
water and/or wastewater utility systems or portion(s) thereof within the 23
Platted Area after final conveyance to the CCWSD; and, where 24
applicable, to install the CCWSD's connecting utility facilities within such 25
easement(s). 26
27
b. Applicable potable water, non-potable irrigation water and/or wastewater 28
system(s) or portion(s) thereof constructed within this platted area in 29
compliance with the requirements set forth herein shall be conveyed to 30
the board as the ex-officio governing board of the water-sewer district 31
upon acceptance of the additions, extensions and/or improvements 32
required by the plat. 33
34
(2) Final approval of construction documents for a project will not be made until the 35
board Administrative Official, pursuant to the LDC requirements, has duly 36
approved the proposed plat. Plats submitted and approved by the board 37
Administrative Official, shall be in complete accordance with this ordinance. Any 38
requests for deviations from this ordinance shall be clearly outlined in the 39
executive summary, with a copy sent to the affected division(s). Deviations 40
approved as part of the plat shall not be valid unless clearly outlined in the 41
applicant's submittal letter and a copy of such approval by the public utilities 42
department administrator or designee(s) is provided. If a plat is not required for a 43
specific project, the engineer of record shall provide documentation confirming 44
such so that the county staff may determine the extent of utility easements that 45
must be provided. 46
47
* * * * * * * * * * * * 48
# # # # # # # # # # # # 49
Page 9466 of 9661
Exhibit A – F.S. Chapter 2025-164 and Resolution 2025-131
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Chapter 22- BUILDINGS AND BUILDING REGULATIONS 1
ARTICLE III. - CONTRACTORS' LICENSING, ZONING INVESTIGATORS 2
Sec. 22-110. Excavation review procedures. 3
4
* * * * * * * * * * * * * * 5
6
(h) Excavation application time limit for review. Excavation application, once deemed 7
complete and sufficient, will remain under review so long as a resubmittal in response to 8
County reviewers' comments is received within 270 calendar days from the date on 9
which the comments were sent to the applicant. If a response is not received within this 10
time, the application for the excavation review will be considered withdrawn and 11
cancelled. If there is no waiver of time limits submitted, and the applicant exceeds the 12
time limits specified in F.S. 125.022, the application will be considered denied. Further 13
review of the project will require a new application and payment of new application fees 14
subject to the then current regulations. Review timeframes will comply with the mandates of 15
Section 125.022, Florida Statues. 16
17
(Ord. No. 04-55, § 2.E.; Ord. No. 2006-04, § 2; Ord. No. 2024-39, § 1 Ord. No. 25-###,§ 18
xxx) 19
20
# # # # # # # # # # # # # 21
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Exhibit A – F.S. Chapter 2025-164 and Resolution 2025-131
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Page 9468 of 9661
Exhibit A – F.S. Chapter 2025-164 and Resolution 2025-131
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Exhibit A – F.S. Chapter 2025-164 and Resolution 2025-131
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Exhibit A – F.S. Chapter 2025-164 and Resolution 2025-131
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Exhibit A – F.S. Chapter 2025-164 and Resolution 2025-131
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