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Agenda 03/10/2026 Item #17A (Continued to the April 28, 2026 BCC Meeting - Ordinance - amending the Land Development Code)3/10/2026 Item # 17.A ID# 2025-4959 Executive Summary *** This item was continued from the February 10, 2026, BCC Meeting, to the March 10, 2026, BCC Meeting, and further continued to the April 28, 2026, BCC Meeting *** Recommendation to adopt an Ordinance amending the Land Development Code, pursuant to F.S. 125.022, that revises timeframes for the processing of applications for approval of development permits or development orders. [PL20250010243] OBJECTIVE: To adopt an ordinance of the Board of County Commissioners amending Ordinance Number 04-41, as amended, the Collier County Land Development Code that revise timeframes for the processing of 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. On January 13, 2026, the Board directed staff to advertise and bring back the Ordinance amending the Land Development Code. This LDC amendment requires a companion Administrative Code amendment, adopted by Board resolution (Consent Agenda Item 16A2, ID 2025-4960). 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: On October 01, 2025, the Development Services Advisory Committee (DSAC) 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 3/10/2026 Item # 17.A ID# 2025-4959 permitting process. FISCAL IMPACT: There are no 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. LEGAL CONSIDERATIONS: This item is approved as to form and legality. An affirmative vote of four is needed for Board adoption. – HFAC RECOMMENDATION(S): Recommendation to adopt an ordinance of the Board of County Commissioners amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, PREPARED BY: Richard Henderlong, Planner III, Zoning Division ATTACHMENTS: None