Agenda 01/13/2026 Item #16A12 (Staff to advertise and bring back for a public hearing an Ordinance amending the Land Development Code, pursuant to F.S. 125.022)1/13/2026
Item # 16.A.12
ID# 2025-4266
Executive Summary
Recommendation to direct staff to advertise and bring back for a public hearing an Ordinance amending the Land
Development Code, pursuant to F.S. 125.022, to revise timeframes for processing applications for approval of
development permits or development orders. [PL20250010243]
OBJECTIVE: To direct staff to advertise and bring back for a public hearing, an Ordinance amending the Land
Development Code (LDC), pursuant to F.S. 125.022, to revise timeframes for processing applications for approval of
development permits or development orders.
CONSIDERATIONS: On June 24, 2025, the governor approved Senate Bill 1080, which amended certain statutes (i.e.,
F.S.125.022 and F.S. 166.033) that regulate the review and approval of land development permits and development
order applications by local governments. The new law, Florida Chapter 2025-177, became effective on October 1, 2025.
F.S.125.022 requires counties to specify minimum information for certain applications (zoning, rezones, subdivision
approvals, certifications and variances, etc.); to revise timeframes for processing applications for development permits
or orders; to provide for refund parameters when the county fails to meet certain timeframes; and to expedite the review
for comprehensive plan amendments. Pursuant to F.S. 125.022(6), the terms “development permit” and “development
order” do not apply to the timeframes for processing building permits, which are regulated by the Florida Building Code
553.792 (1) A. through B.
The statute stipulates, “When reviewing an application for a development permit or development order that is certified
by a professional listed in F.S. 403.0877, the county may not request additional information from the applicant more
than three times, unless the applicant waives the limitation (timeframe) in writing.” Otherwise, the county must approve
or deny the application. Furthermore, “Before the third request for additional information, the applicant must be offered
a meeting to attempt to resolve any outstanding issues.” After an application is determined to be complete, the county
must proceed to process the application for approval, approval with conditions, or denial within 120 days for
applications that don’t require a quasi-judicial or public hearing and 180 days for applications that do require a quasi-
judicial or public hearing.
To comply with the amended F.S. 125.022, the proposed amendment will modify relevant sections of the Land
Development Code (LDC) and the Administrative Code for Land Development in accordance with Chapter 2025-177 of
the Laws of Florida. For this LDCA, pursuant to LDC section 10.03.06 A., only one advertised public hearing is
required by the Collier County Planning Commission (CCPC) and Board of County Commissioners.
DEVELOPMENT SERVICES ADVISORY COMMITTEE (DSAC) - LDR SUBCOMMITTEE
RECOMMENDATION: On September 16, 2025, the subcommittee unanimously recommended approval with the
condition that staff include the required statutory percentage of refundable application fees in either the Administrative
Code or the County’s fee schedule. Further, the subcommittee recommended that staff include a processing timeframe
chart for the review of an application for completeness, as presented during the meeting. The chart has been
incorporated as Exhibit C.
DSAC RECOMMENDATION: The Development Services Advisory Committee (DSAC) reviewed the amendment on
October 01, 2025, and unanimously recommended approval of the LDC amendment.
CCPC RECOMMENDATION: On December 04, 2025, the Planning Commission unanimously recommended
approval without changes.
This item is consistent with the Collier County strategic plan objective to operate an efficient and customer-focused
permitting process.
FISCAL IMPACT: There are no anticipated fiscal impacts to Collier County. This will be advertised under the Collier
Legal Notices section of the Collier County Clerk of Courts website.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action.
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1/13/2026
Item # 16.A.12
ID# 2025-4266
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 direct staff to advertise and bring back for a public hearing, an Ordinance amending the
Land Development Code, that will revise timeframes for processing applications for approval of development permits or
development orders.
PREPARED BY: Richard Henderlong, Planner III, Zoning Division
ATTACHMENTS:
1. Draft Ordinance (12-23-2025)
2. PL20250010243 Development Order Process and Timeframes LDCA 12-05-25 CCPC
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ORDINANCE NO. 26 – ___
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-
41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT
CODE, WHICH INCLUDES THE COMPREHENSIVE LAND
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, TO REVISE TIMEFRAMES FOR PROCESSING
APPLICATIONS FOR APPROVAL OF DEVELOPMENT PERMITS OR
DEVELOPMENT ORDERS PURSUANT TO 125.022 F.S., BY
PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO,
FINDINGS OF FACT; SECTION THREE, ADOPTION OF
AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE
SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER TEN –
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES,
INCLUDING SECTION 10.02.03 REQUIREMENTS FOR SITE
DEVELOPMENT, SITE IMPROVEMENT PLANS AND AMENDMENTS
THEREOF, SECTION 10.02.04 REQUIREMENTS FOR SUBDIVISION
PLATS, SECTION 10.02.08 REQUIREMENTS FOR AMENDMENTS TO
THE OFFICIAL ZONING ATLAS, SECTION 10.02.13 PLANNED UNIT
DEVELOPMENT (PUD) PROCEDURES, SECTION 10.04.01
DETERMINATION OF COMPLETENESS, SECTION 10.04.03
APPLICATIONS SUBJECT TO TYPE II REVIEW, SECTION 10.08.00
CONDITIONAL USE PROCEDURES, SECTION 10.09.00 VARIANCE
PROCEDURES; SECTION FOUR, CONFLICT AND SEVERABILITY;
SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE.
(PL20250010243)
Recitals
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners
adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC),
which was subsequently amended; and
WHEREAS, the Collier County Board of County Commissioners (Board) on June 22,
2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as
amended, the Collier County Land Development Code, which had an effective date of October
18, 2004; and
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WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local
requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS, the Collier County Planning Commission, sitting as the land planning
agency, did hold an advertised public hearing on December 4, 2025, and reviewed the
proposed amendments for consistency with the Comprehensive Plan and did recommend
approval; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did
hold an advertised public hearing on ____________, 2026, and did take action concerning
these amendments to the LDC; and
WHEREAS, the subject amendments to the LDC are hereby determined by this Board to
be consistent with and to implement the Collier County Growth Management Plan as required
by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and
WHEREAS, this ordinance is adopted in compliance with and pursuant to the
Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and
WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule
powers of Fla. Const. Art. VIII, § 1(g); and
WHEREAS, all applicable substantive and procedural requirements of the law have
otherwise been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida, that:
SECTION ONE: RECITALS
The foregoing Recitals are true and correct and incorporated by reference herein as if
fully set forth.
SECTION TWO: FINDINGS OF FACT
The Board of Commissioners of Collier County, Florida, hereby makes the following
findings of fact:
1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community
Planning Act (herein after the “Act”), is required to prepare and adopt a comprehensive plan.
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2. After adoption of the Comprehensive Plan, the Act and in particular §
163.3202(1). F.S., mandates that Collier County adopt land development regulations that are
consistent with and implement the adopted comprehensive plan.
3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption
and enforcement by Collier County of land development regulations for the total unincorporated
area shall be based on, be related to, and be a means of implementation for, the adopted
comprehensive plan.
4. Section 163.3194(1)(b), F.S., requires that all land development regulations
enacted or amended by Collier County be consistent with the adopted comprehensive plan, or
element or portion thereof, and any land regulations existing at the time of adoption which are
not consistent with the adopted comprehensive plan, or element or portion thereof, shall be
amended so as to be consistent.
5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage
the use of innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth
Management Plan (hereinafter the “Growth Management Plan” or “GMP”) as its comprehensive
plan pursuant to the requirements of § 163.3161 et seq., F.S.
7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or
element or portion thereof, has been adopted in conformity with the Act, all development
undertaken by, and all actions taken in regard to development orders by, governmental
agencies in regard to land covered by such comprehensive plan or element shall be consistent
with such comprehensive plan or element as adopted.
8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development
regulation shall be consistent with the comprehensive plan if the land uses, densities or
intensities, and other aspects of development are compatible with, and further the objectives,
policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other
criteria enumerated by the local government.
9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken
by a local government shall be consistent with the comprehensive plan if the land uses,
densities or intensities, capacity or size, timing, and other aspects of development are
compatible with, and further the objectives, policies, land uses, densities, or intensities in the
comprehensive plan and if it meets all other criteria enumerated by the local government.
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10. On October 30, 1991, Collier County adopted the Collier County Land
Development Code, which became effective on November 13, 1991. The Land Development
Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41.
11. Collier County finds that the Land Development Code is intended and necessary
to preserve and enhance the present advantages that exist in Collier County; to encourage the
most appropriate use of land, water and resources consistent with the public interest; to
overcome present handicaps; and to deal effectively with future problems that may result from
the use and development of land within the total unincorporated area of Collier County and it is
intended that this Land Development Code preserve, promote, protect and improve the public
health, safety, comfort, good order, appearance, convenience and general welfare of Collier
County; to prevent the overcrowding of land and avoid the undue concentration of population; to
facilitate the adequate and efficient provision of transportation, water, sewerage, schools,
parks, recreational facilities, housing and other requirements and services; to conserve,
develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect
human, environmental, social and economic resources; and to maintain through orderly growth
and development, the character and stability of present and future land uses and development
in Collier County.
12. It is the intent of the Board of County Commissioners of Collier County to
implement the Land Development Code in accordance with the provisions of the Collier County
Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these
amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE
* * * * * * * * * * * * *
SUBSECTION 3.A. AMENDMENTS TO SECTION 10.02.03 REQUIREMENTS FOR SITE
DEVELOPMENT, SITE IMPROVEMENT PLANS AND AMENDMENTS
THEREOF
Section 10.02.03 Requirements for Site Development, Site Improvement Plans and
Amendments thereof, of Ordinance 04-41, as amended, the Collier County Land Development
Code, is hereby amended to read as follows:
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Section 10.02.03 Requirements for Site Development, Site Improvement Plans and
Amendments thereof
* * * * * * * * * * * *
H. Time limits for review, approval, and construction of site development plans, site
improvement plans, and amendments thereof.
1. Site development plans, site improvement plans, and amendments thereof, will
remain under review so long as a resubmittal in response to a county reviewer's
comments is received within 270 days of the date on which the comments were
sent to the applicant. If a response is not received within this time, the application
for the site development plan, site improvement plan, and amendments thereof
will be considered withdrawn and cancelled. Further review of the project will
require a new application subject to the then current LDC. Review timeframes will
comply with the mandates of Section 125.022 Florida Statutes.
* * * * * * * * * * * *
SUBSECTION 3.B. AMENDMENTS TO SECTION 10.02.04 REQUIREMENTS FOR
SUBDIVISION PLATS
Section 10.02.04 Requirements for Subdivision Plats, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
Section 10.02.04 Requirements for Subdivision Plats
* * * * * * * * * * * *
B. Construction Plans and Final Subdivision Plats (PPLs). Construction plans and final
subdivision plats are commonly referred to as "plans and plat."
* * * * * * * * * * * * *
3. County Manager review of construction plans and final subdivision plats.
* * * * * * * * * * * * *
c. Once the construction plans and final subdivision plats are submitted by
the applicant for review by the County Manager or designee, they will
remain under review so long as a resubmittal in response to a county
reviewer's comments is received within 270 days of the date on which the
comments were sent to the applicant, response is not received within this
time, the application for construction plans and final subdivision plat
review will be considered withdrawn and cancelled. Further review of the
project will require a new application and the appropriate fees paid by the
applicant. Review timeframes will comply with the mandates of Section
125.022 Florida Statutes.
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* * * * * * * * * * * *
SUBSECTION 3.C. AMENDMENTS TO SECTION 10.02.08 REQUIREMENTS FOR
AMENDMENTS TO THE OFFICIAL ZONING ATLAS
Section 10.02.08 Requirements for Amendments to the Official Zoning Atlas, of Ordinance 04-
41, as amended, the Collier County Land Development Code, is hereby amended to read as
follows:
Section 10.02.08 Requirements for Amendments to the Official Zoning Atlas
* * * * * * * * * * * *
D. All proposals for zoning amendments shall be submitted as established in the
Administrative Code and accompanied by all pertinent information required by the LDC
and which may be required by the Planning Commission for proper consideration of the
matter, along with payment of such fees and charges as have been established by the
Board of County Commissioners. No application for zoning amendment shall be heard
by the Planning Commission until such fees and charges have been paid.
1. Rezoning application processing time. Once an application has been determined
to be complete, the application will remain active until An application for a
rezoning, amendment or change will be considered "open" when the
determination of "sufficiency" has been made and the application is assigned a
petition processing number. An application for a rezoning, amendment or change
will be considered "closed" when the applicant withdraws the subject application
through written notice or ceases to supply necessary information to continue
processing or otherwise actively pursue the rezoning, amendment or change, for
a period of 6 months. An application deemed "closed" will not receive further
processing and shall be withdrawn. An application "closed" through inactivity
shall be deemed withdrawn. The County Manager or designee will notify the
applicant of closure, however, failure to notify by the county shall not eliminate
the "closed" withdrawn status of a petition. An application deemed "closed" may
be re-opened by submission of a new application, repayment of all application
fees and the grant of a determination of "sufficiency". Further review of the
request will be subject to the then current code. An application deemed "closed"
may be re-opened by submission of a new application, repayment of all
application fees and the grant of a determination of "sufficiency". Further review
of the request will be subject to the then current code. Further review of the
project will require a new application and the appropriate fees paid by the
applicant. Review timeframes will comply with the mandates of Section 125.022
Florida Statutes.
* * * * * * * * * * * *
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SUBSECTION 3.D. AMENDMENTS TO SECTION 10.02.13 PLANNED UNIT
DEVELOPMENT (PUD) PROCEDURES
Section 10.02.13 Planned Unit Development (PUD) Procedures, of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as follows:
Section 10.02.13 Planned Unit Development (PUD) Procedures
* * * * * * * * * * * *
B. Procedures for planned unit development zoning. Petitions for rezoning to PUD in
accordance with LDC section 10.02.08 shall be submitted and processed as for a
rezoning amendment generally pursuant to LDC section 10.02.08 and in accordance
with the following special procedures:
* * * * * * * * * * * * *
6. Action by Board of County Commissioners. Unless the application is withdrawn
by the applicant, or deemed "closed" pursuant to LDC section 2.03.06 10.02.08
D, the Board of County Commissioners shall, upon receipt of the Planning
Commission's recommendation, advertise and hold a public hearing on the
application. The notice and hearing shall be on the PUD rezone application, PUD
master plan of development and PUD ordinance, as recommended by the
Planning Commission to the Board of County Commissioners. The Board of
County Commissioners shall either approve the proposed rezoning to PUD;
approve with conditions or modifications; or deny the application for PUD
rezoning.
* * * * * * * * * * * *
SUBSECTION 3.E. AMENDMENTS TO SECTION 10.04.01 DETERMINATION OF
COMPLETENESS
Section 10.04.01 Determination of Completeness, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
Section 10.04.01 Determination of Completeness
* * * * * * * * * * * *
B. Approval of regulated development and certificates to operate for wellfield operations.
* * * * * * * * * * * *
5. Administrative review. Certificates to operate shall be processed and reviewed,
and shall be administratively approved, approved with conditions, or denied by
the County Manager as provided in this section. Application for certificate to
operate shall be made on a form prepared by the County Manager.
a. Completeness review.
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i. Within 30 days of receipt of a completed application, the County
Manager shall review the application for compliance with the
standards of LDC sections 3.06.12 and 3.06.13 hereof.
* * * * * * * * * * * *
b. Substantive review.
i. Upon a determination by the County Manager that the
application is complete, or upon receipt of written notice from the
from the [sic] owner/operator that the application should be
processed as is, the County Manager shall issue a determination
of completeness and provide a copy to the owner/operator by
regular U.S. electronic mail.
ii. Within 30 days of issuance of a determination of completeness,
the County Manager shall render a written evaluation of the
application in accordance with the standards of LDC
sections 3.06.12 and 3.06.13 hereof and render a notice of intent
to issue or deny the application, a copy of which shall be sent to
the owner/operator by regular U.S. electronic mail.
iii. The owner/operator may appeal an adverse notice of intent to
the board as provided in LDC section 10.04.11, hereof.
iv. The certificate to operate will be issued or denied by the
department within 15 days of issuance of the notice of intent,
unless an appeal is taken as provided in section (iii) above.
c. Extension of administrative review and withdrawal [of] application.
i. The County Manager may, in his/her sole discretion, extend the
time frame for administrative review set forth in LDC section
10.04.01 B.5.a. and LDC section 10.04.01 B.5.b. hereof for the
purposes of requesting and receiving additional information
necessary to complete the substantive review of the application.
ii. If the owner/operator does not provide the information requested
by the County Manager or advises the county that the application
is to be processed "as is" within 45 days of such request, the
application shall be considered withdrawal [withdrawn] and fees
paid shall be surrendered.
* * * * * * * * * * * *
SUBSECTION 3.F. AMENDMENTS TO SECTION 10.04.03 APPLICATIONS SUBJECT TO
TYPE II REVIEW
Section 10.04.03 Applications Subject to Type II Review, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
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Section 10.04.03 Applications Subject to Type II Review
The following applications are subject to Type II review: Conditional uUse Permits; Rezoning;
LDC Text Amendments; GMP Amendments; and sSmall-sScale dDevelopment Amendments.
For a graphic depiction of the review procedure, please see Illustration 10.04.03 A.
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____________________________________________________________________________________
Illustration 10.04.03 A.
* * * * * * * * * * * *
SUBSECTION 3.G. AMENDMENTS TO SECTION 10.08.00 CONDITIONAL USE
PROCEDURES
Section 10.08.00 CONDITIONAL USE PROCEDURES, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
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Section 10.08.00 CONDITIONAL USE PROCEDURES
* * * * * * * * * * * *
C. Application. The Administrative Code shall establish the submittal requirements for a
conditional use application.
1. Conditional use application processing time. An application for a conditional use
will be considered "open," when the determination of "sufficiency" has been
made and the application is assigned a petition processing number. An
application for a conditional use will be considered "closed" when Once an
application for a conditional use has been determined to be complete, the
application will remain active until the applicant withdraws the subject application
through written notice or ceases to supply necessary information to continue
processing or otherwise actively pursue the conditional use, for a period of 6 six
months. An application deemed "closed" will not receive further processing and
shall be withdrawn and an application "closed" through inactivity shall be deemed
withdrawn. The Planning and Zoning Department County Manager or designee
will notify the applicant of closure by certified mail, return receipt requested
electronic mail; however, failure to notify by the County shall not eliminate the
“closed” withdrawn or denied status of a petition. An application deemed "closed"
may be re opened by submitting a new application, repayment of all application
fees and granting of a determination of "sufficiency." Further review of the
request will be subject to the then current LDC. Further review of the project will
require a new application, and the appropriate fees paid by the applicant. Review
timeframes will comply with the mandates of Section 125.022 Florida Statutes.
* * * * * * * * * * * * *
SUBSECTION 3.H. AMENDMENTS TO SECTION 10.09.00 VARIANCE PROCEDURES
Section 10.09.00 VARIANCE PROCEDURES, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
Section 10.09.00 VARIANCE PROCEDURES
* * * * * * * * * * * *
I. Variance application processing time. An application for a variance will be considered
"open" when the determination of "sufficiency" has been made and the application is
assigned a petition processing number. An application for a variance will be considered
"closed" when Once an application for a variance has been determined to be complete,
the application will remain active until the petitioner withdraws the subject application
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through written notice or ceases to supply necessary information to continue processing
or otherwise actively pursue the variance, for a period of 6 six months. An application
deemed "closed" will not receive further processing and shall be withdrawn and an
application "closed" through inactivity shall be deemed withdrawn. The planning services
department County Manager or designee will notify the applicant of closure, however,
failure to notify by the county shall not eliminate the "closed" withdrawn status of a
petition. An application deemed "closed" may be re-opened by submitting a new
application, repayment of all application fees and granting of a determination of
"sufficiency". Further review of the request will be subject to the then current code.
Further review of the project will require a new application and the appropriate fees paid
by the applicant. Review timeframes will comply with the mandates of Section 125.022
Florida Statutes.
1. Applicability. All applications for a variance whether submitted before or
after June 26, 2003, shall comply with the processing time procedures set
forth in section I. above.
* * * * * * * * * * * * *
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event that any provisions of this ordinance should result in an unresolved conflict
with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP),
the applicable provisions of the LDC or GMP shall prevail. 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 this 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 FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE
The provisions of this Ordinance shall become and be made a part of the Land
Development Code of Collier County, Florida. The sections of the Ordinance may be
renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to
"section," "article," or any other appropriate word.
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SECTION SIX: EFFECTIVE DATE
This Ordinance shall become 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 _______________, 2026.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK OF COLLIER COUNTY, FLORIDA
By:__________________________ By:________________________________
, Deputy Clerk Dan Kowal, Chairman
Approved as to form and legality:
__________________________
Heidi F. Ashton-Cicko
Managing Assistant County Attorney
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12-05-25 BCC.docx
LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20250010243
SUMMARY OF AMENDMENT
This amendment shall establish compliance with the Laws of Florida, Chapter
2025-177 that revised timeframes for processing applications for approval of
development permits or development orders. It defines the term “substantial
change” and provides refund parameters in situations where the county fails
to meet certain timeframes. The timeframes are not applicable to statutory
Areas of Critical State Concern (ACSC). LDC amendments are reviewed by
the Board of County Commissioners (Board), Collier County Planning
Commission (CCPC), Development Services Advisory Committee (DSAC),
and the Land Development Review Subcommittee of the DSAC (DSAC-
LDR).
ORIGIN
Growth Management
Community Development
Department (GMCDD)
HEARING DATES LDC SECTION TO BE AMENDED
Board TBD 10.02.03
10.02.04
10.02.08
10.02.13
10.04.01
10.04.03
10.08.00
10.09.00
Requirements for Site Development, Site Improvement Plans and
Amendments thereof
Requirements for Subdivision Plats
Requirements for Amendments to the Official Zoning Atlas
Planned Unit Development (PUD) Procedures
Determination of Completeness
Applications Subject to Type II Review
CONDITIONAL USE PROCEDURES
VARIANCE PROCEDURES
CCPC 12/04/25
DSAC 10/01/25
DSAC-LDR 09/16/25
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
Approval with recommendations
DSAC
Approval
CCPC
Approval
BACKGROUND
On June 24, 2025, the governor approved Senate Bill 1080 which amended certain statues (i.e., F.S.125.022 and
F.S. 166.033) that regulate the review and approval of land development permits and development order
applications by local governments. The new law, Chapter 2025-177, will become effective on October 1, 2025.
It requires counties by F.S.125.022, and municipalities by F.S.166.033, to specify minimun information for
certain applications; revise timeframes for processing applications for development permits or orders; provide for
refund parameters when the county fails to meet certain timeframes, and expedites the review for comprehensive
plan amendments.
The LDC amendment identifies those applications, and development order permits for clear communication and
timely responses to applicants and recognizes the refund provisions resulting from processing delays. The
required processing of an application starts with an acknowledgement of receipt within five business days of an
application. Next, the application must be reviewed for completeness within 30 days, with any deficiencies being
specified. Non-quasi-judicial hearing applications must be approved or denied within 120 days from when the
application is deemed complete and quasi-judicial hearing applications within 180 days. During a public meeting
or hearing, the applicant and county may agree, in writing, to an extension of time. If there is a “substantial
change” (defined in the statue as 15 percent or more in proposed density, intensity, or square footage of a parcel)
to the application, the timeframes restart.
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Pursuant to F.S.125.022 (3)(a), “When reviewing an application for a development permit or development order
that is certified by a professional listed in F.S. 403.0877, the county may not request additional information from
the applicant more than three times, unless the applicant waives the limitation in writing.” F.S. 125.022 (d) also
states: “Before the third request for addition information, the applicant must be offered a meeting to attempt to
resolve any outstanding issues.”
If the County fails to meet the statue’s stipulated timeframes, a percentage of refunds must be issued to the
applicant as follows:
• 10 percent for failure to issue written notice of completeness or areas of deficiencies within 30 days after
receiving the application submittal or request for additional information,
• 20 percent for failure to send written notice or areas of deficiencies within 10 days of the second request
for information and the applicant submits required information within 30 days,
• 50 percent if the county fails to approve, approve with conditions, or deny the application within 30 days
after conclusion of the 120-day or 180-day public hearing timeframe, and
• 100 percent if the county fails to act after 30 days and the conclusion of the 120-day or 180-day
timeframe.
Additionally, if “…the applicant and county agree to an extension of time, the delay is caused by the applicant,
or attributable to a force majeure or other extraordinary circumstance,” the county is not required to issue a refund.
In accordance with the amended F.S. 177.071-Approval of Plat by Governing Bodies, final plats are now
administratively reviewed and approved by a designated authority (County Manager or designee). In LDC section
10.04.03, the amendment will delete “Final Plats” from the graphic illustration for Applications Subject to Type
II Review.
Also, this proposed amendment will modify relevant sections of the Land Development Code and Administrative
Code for Land Development to comply with the Laws of Florida Chapter 2025-177, particularly F.S. 125.022.
DSAC-LDR Subcommittee recommendations: On September 16, 2025, the subcommittee unanimously
recommended approval with the condition that staff include the required statutory percentage of refundable
application fees in either the Administrative Code or County’s fee schedule. Further, the subcommittee
recommended staff include a processing time frame chart to the review of an application for completeness as
presented during the meeting. The chart has been incorporated as Exhibit C.
DSAC recommendations: On October 01, 2025, the Development Services Advisory Committee unanimously
recommend approval without change.
Planning Commission recommendations: On December 04, 2025, the Planning Commission unanimously
recommended approval without change.
FISCAL & OPERATIONAL IMPACTS
A percentage of refund fees to the applicant
can occur in the event of an application
processing delay. Operationally, the county
will incur administrative costs to update
applications review timeframes.
GMP CONSISTENCY
The proposed LDC amendment has been reviewed by
Comprehensive Planning staff and may be deemed
consistent with the GMP.
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EXHIBITS: A) Administrative Code Amendment, B) Laws of Florida Chapter 2025-177, C) Processing
Time Frames
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Amend the LDC as follows:
1
10.02.03 Requirements for Site Development, Site Improvement Plans and Amendments 2
thereof 3
4
H. Time limits for review, approval, and construction of site development plans, site 5
improvement plans, and amendments thereof. 6
7
1. Site development plans, site improvement plans, and amendments thereof, will 8
remain under review so long as a resubmittal in response to a county reviewer's 9
comments is received within 270 days of the date on which the comments were 10
sent to the applicant. If a response is not received within this time, the application 11
for the site development plan, site improvement plan, and amendments thereof will 12
be considered withdrawn and cancelled. Further review of the project will require 13
a new application subject to the then current LDC. Review timeframes will comply 14
with the mandates of Section 125.022 Florida Statues.. 15
16
* * * * * * * * * * * * * 17
# # # # # # # # # # # # # 18
19
10.02.04 Requirements for Subdivision Plats 20
21
This section shall be read in conjunction with subdivision design standards, in particular, LDC 22
Chapters 3, 4, and 6. 23
24
* * * * * * * * * * * * * 25
26
B. Construction Plans and Final Subdivision Plats (PPLs). Construction plans and final 27
subdivision plats are commonly referred to as "plans and plat." 28
29
* * * * * * * * * * * * * 30
31
3. County Manager review of construction plans and final subdivision plats. 32
33
* * * * * * * * * * * * * 34
35
c. Once the construction plans and final subdivision plats are submitted by the 36
applicant for review by the County Manager or designee, they will remain under 37
review so long as a resubmittal in response to a county reviewer's comments is 38
received within 270 days of the date on which the comments were sent to the 39
applicant, response is not received within this time, the application for construction 40
plans and final subdivision plat review will be considered withdrawn and cancelled. 41
Further review of the project will require a new application and the appropriate fees 42
paid by the applicant. Review timeframes will comply with the mandates of 43
Section 125.022 Florida Statues. 44
45
46
* * * * * * * * * * * * * 47
# # # # # # # # # # # # # 48
49
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10.02.08 Requirements for Amendments to the Official Zoning Atlas 1
2
* * * * * * * * * * * * 3
4
D. All proposals for zoning amendments shall be submitted as established in the 5
Administrative Code and accompanied by all pertinent information required by the LDC 6
and which may be required by the Planning Commission for proper consideration of the 7
matter, along with payment of such fees and charges as have been established by the 8
Board of County Commissioners. No application for zoning amendment shall be heard by 9
the Planning Commission until such fees and charges have been paid. 10
11
1. Rezoning application processing time. Once an application has been determined 12
to be complete, the application will remain active until An application for a rezoning, 13
amendment or change will be considered "open" when the determination of 14
"sufficiency" has been made and the application is assigned a petition processing 15
number. An application for a rezoning, amendment or change will be considered 16
"closed" when the applicant withdraws the subject application through written 17
notice or ceases to supply necessary information to continue processing or 18
otherwise actively pursue the rezoning, amendment or change, for a period of 6 19
months. An application deemed "closed" will not receive further processing and 20
shall be withdrawn. An application "closed" through inactivity shall be deemed 21
withdrawn. The County Manager or designee will notify the applicant of closure, 22
however, failure to notify by the county shall not eliminate the "closed" withdrawn 23
status of a petition. An application deemed "closed" may be re-opened by 24
submission of a new application, repayment of all application fees and the grant of 25
a determination of "sufficiency". Further review of the request will be subject to the 26
then current code. Further review of the project will require a new application and 27
the appropriate fees paid by the applicant. An application deemed "closed" may 28
be re-opened by submission of a new application, repayment of all application fees 29
and the grant of a determination of "sufficiency". Further review of the request will 30
be subject to the then current code. Review timeframes will comply with the 31
mandates of Section 125.022 Florida Statues. 32
33
* * * * * * * * * * * * * 34
# # # # # # # # # # # # # 35
36
10.02.13 Planned Unit Development (PUD) Procedures 37
38
* * * * * * * * * * * * * 39
40
B. Procedures for planned unit development zoning. Petitions for rezoning to PUD in 41
accordance with LDC section 10.02.08 shall be submitted and processed as for a rezoning 42
amendment generally pursuant to LDC section 10.02.08 and in accordance with the 43
following special procedures: 44
45
* * * * * * * * * * * * * 46
47
6. Action by Board of County Commissioners. Unless the application is withdrawn by 48
the applicant, or deemed "closed" pursuant to LDC section 2.03.06 10.02.08 D, 49
the Board of County Commissioners shall, upon receipt of the Planning 50
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Commission's recommendation, advertise and hold a public hearing on the 1
application. The notice and hearing shall be on the PUD rezone application, PUD 2
master plan of development and PUD ordinance, as recommended by the 3
Planning Commission to the Board of County Commissioners. The Board of 4
County Commissioners shall either approve the proposed rezoning to PUD; 5
approve with conditions or modifications; or deny the application for PUD rezoning. 6
7
* * * * * * * * * * * * * 8
# # # # # # # # # # # # # 9
10
10.04.01 Determination of Completeness 11
12
* * * * * * * * * * * * * 13
14
B. Approval of regulated development and certificates to operate for wellfield operations. 15
16
5. Administrative review. Certificates to operate shall be processed and reviewed, 17
and shall be administratively approved, approved with conditions, or denied by the 18
County Manager as provided in this section. Application for certificate to operate 19
shall be made on a form prepared by the County Manager. 20
21
a. Completeness review. 22
23
i. Within 30 days of receipt of a completed application, the County 24
Manager shall review the application for compliance with the 25
standards of LDC sections 3.06.12 and 3.06.13 hereof. 26
27
ii. If the application is found not to be in compliance, the County 28
Manager shall advise the owner/operator of the noted deficiencies 29
or required information by certified mail return receipt requested to 30
the address listed in the application. 31
32
iii. Within 30 days of the owner's/operator's receipt of the county's 33
notice, the owner/operator shall: 34
35
(a) Provide the requested information or provide written notice 36
to the County Manager of its intent to either furnish the 37
requested information; or 38
39
(b) Provide written notice to the County Manager of its intent to 40
have the application processed "as is" with the information 41
it then contains 42
43
b. Substantive review. 44
45
i. Upon a determination by the County Manager that the application 46
is complete, or upon receipt of written notice from the [sic] 47
owner/operator that the application should be processed as is, the 48
County Manager shall issue a determination of completeness and 49
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provide a copy to the owner/operator by regular U.S. electronic 1
mail. 2
3
ii. Within 30 days of issuance of a determination of completeness, 4
the County Manager shall render a written evaluation of the 5
application in accordance with the standards of LDC 6
sections 3.06.12 and 3.06.13 hereof and render a notice of intent 7
to issue or deny the application, a copy of which shall be sent to 8
the owner/operator by regular U.S. electronic mail. 9
10
iii. The owner/operator may appeal an adverse notice of intent to the 11
board as provided in LDC section 10.04.11, hereof. 12
13
iv. The certificate to operate will be issued or denied by the 14
department within 15 days of issuance of the notice of intent, 15
unless an appeal is taken as provided in section (iii) above . 16
17
c. Extension of administrative review and withdrawal [of] application. 18
19
i. The County Manager may, in his sole discretion, extend the time 20
frame for administrative review set forth in LDC section 10.04.01 21
B.5.a. and LDC section 10.04.01 B.5.b. hereof for the purposes of 22
requesting and receiving additional information necessary to 23
complete the substantive review of the application. 24
25
ii. If the owner/operator does not provide the information requested by 26
the County Manager or advises the county that the application is to 27
be processed "as is" within 45 days of such request, the application 28
shall be considered withdrawal [withdrawn] and fees paid shall be 29
surrendered. 30
31
iii. The owner/operator may voluntarily withdraw the application at any 32
time prior to the issuance of the County Manager's notice of intent 33
by submitting a written notice to the County Manager stating its 34
intent to withdraw. 35
36
* * * * * * * * * * * * * 37
# # # # # # # # # # # # # 38
39
10.04.03 - Applications Subject to Type II Review 40
41
The following applications are subject to Type II review: Conditional use Permits; Rezoning; LDC 42
Text Amendments; GMP Amendments; and sSmall-sScale dDevelopment Amendments. 43
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For a graphic depiction of the review procedure, please see Illustration 10.04.03 A. 1
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1 Illustration 10.04.03 A. 2
3
# # # # # # # # # # # # # 4
5
10.08.00 CONDITIONAL USE PROCEDURES 6
7
* * * * * * * * * * * * * 8
9
C. Application. The Administrative Code shall establish the submittal requirements for a 10
conditional use application. 11
12
1. Conditional use application processing time. An application for a conditional use 13
will be considered "open," when the determination of "sufficiency" has been made 14
and the application is assigned a petition processing number. An application for a 15
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conditional use will be considered "closed" when Once an application for a 1
conditional use has been determined to be complete, the application will remain 2
active until the applicant withdraws the subject application through written notice 3
or ceases to supply necessary information to continue processing or otherwise 4
actively pursue the conditional use, for a period of 6 six months. An application 5
deemed "closed" will not receive further processing and shall be withdrawn and an 6
application "closed" through inactivity shall be deemed withdrawn. The Planning 7
and Zoning Department County Manager or designee will notify the applicant of 8
closure by certified mail, return receipt requested; however, failure to notify by the 9
County shall not eliminate the “closed” withdrawn or denied status of a petition. 10
Further review of the project will require a new application, and the appropriate 11
fees paid by the applicant. An application deemed "closed" may be re opened by 12
2. submitting a new application, repayment of all application fees and granting of a 13
determination of "sufficiency." Further review of the request will be subject to the 14
then current LDC. Review timeframes will comply with the mandates of Section 15
125.022 Florida Statues. 16
17
18
* * * * * * * * * * * * * 19
# # # # # # # # # # # # # 20
21
10.09.00 VARIANCE PROCEDURES 22
23
* * * * * * * * * * * * * 24
25
I. Variance application processing time. An application for a variance will be considered 26
"open" when the determination of "sufficiency" has been made and the application is 27
assigned a petition processing number. An application for a variance will be considered 28
"closed" when Once an application for a variance has been determined to be complete, 29
the application will remain active until the petitioner withdraws the subject application 30
through written notice or ceases to supply necessary information to continue processing 31
or otherwise actively pursue the variance, for a period of 6 six months. An application 32
deemed "closed" will not receive further processing and shall be withdrawn and an 33
application "closed" through inactivity shall be deemed withdrawn. The planning services 34
department County Manager or designee will notify the applicant of closure, however, 35
failure to notify by the county shall not eliminate the "closed" withdrawn status of a petition. 36
An application deemed "closed" may be re-opened by submitting a new application, 37
repayment of all application fees and granting of a determination of "sufficiency". Further 38
review of the request will be subject to the then current code. Further review of the project 39
will require a new application and the appropriate fees paid by the applicant. Review 40
timeframes will comply with the mandates of Section 125.022 Florida Statues. 41
42
1. Applicability. All applications for a variance whether submitted before or 43
after June 26, 2003, shall comply with the processing time procedures set 44
forth in section I. above. 45
46
# # # # # # # # # # # # # 47
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Exhibit A – Administrative Code Amendment
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Collier County Land Development Code | Administrative Procedures Manual 1
Chapter 1 | Administrative Procedures 2
3
D. Common Procedural Steps and Information 4
This section describes common information that applies to most of the review procedures identified in the 5
Administrative Code. 6
* * * * * * * * * * * * * 7
8
5. Completeness and Processing 9
10
Prior to the acceptance of the application, the Client Services section of the Operations and Regulatory 11
Management Division - Business Center will determine if the application is complete and that the materials 12
identified on the Pre-Application Meeting Checklist and notes are included with the application. If the application 13
is incomplete, the applicant must obtain all the requirements prior to the submittal of the application. The Client 14
Services section of the Operations and Regulatory Management Division - Business Center will not accept or 15
process an incomplete application package. 16
17
Once the application has been accepted by the County and the required fees have been paid, the application has 18
begun processing and the applicant will receive a processing notification, via email. This notification identifies the 19
petition number, (i.e., PL201200000) and a hyperlink for updates to the application online. The petition number 20
should be noted on all future correspondence regarding the application. 21
22
Review timeframes will comply with the mandates of Section 125.022, Florida Statues. 23
24
* * * * * * * * * * * * 25
* * * * * * * * * * * * * 26
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Exhibit B– F.S. Chapter 2025-1777
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Exhibit B– F.S. Chapter 2025-1777
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Exhibit B– F.S. Chapter 2025-1777
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Exhibit C – Processing Time Frames
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