Loading...
Agenda 04/28/2026 Item #17D (Ordinance amendment to Ordinance 1997-50, the Collier County Parking Ordinance)4/28/2026 Item # 17.D ID# 2026-665 Executive Summary Recommendation to adopt an amendment to Ordinance 1997-50, the Collier County Parking Ordinance, to increase parking violation fines and include procedural amendments in accordance with the events outlined in the proposed Ordinance. OBJECTIVE: To have the Board of County Commissioners (Board) adopt an Ordinance amending Ordinance 97-50, the Collier County Parking Ordinance, to increase parking violation fines and include procedural amendments in accordance with the events outlined in the proposed Ordinance. CONSIDERATIONS: At the April 14, 2026, Board of County Commissioners meeting, Item 16.A.9, the Board authorized the County Attorney to advertise an amendment to Ordinance 1997-50, the Collier County Parking Ordinance, to increase parking violation fines and include procedural amendments in accordance with the events outlined in the proposed Ordinance. Ordinance No. 97-50, the Collier County Parking Ordinance, was last substantially amended in 1997. Since then, the current fine structure has become less effective at discouraging parking violations, especially for repeat offenders. The proposed amendment increases penalties, updates enforcement tools, and clarifies procedures for public parking areas to improve compliance and maintain safe access to County facilities and recreational areas. Civil Penalty Increases The amendment establishes a graduated fine structure: $75 for a first uncontested violation, $150 for a subsequent violation within 12 months, and $250 for a third or subsequent violation, plus a $5 late payment penalty. For contested violations, a county judge or special magistrate may impose fines in accordance with Florida Statutes and County ordinance, plus applicable court costs, with a maximum penalty not to exceed $500. For handicap parking violations, requesting a hearing waives the option to pay the citation, and a fine of $250 plus court costs may be imposed. Expanded Towing Authority The amendment expands towing authority to address vehicles that create safety hazards, obstruct access to designated parking or handicap spaces, block park or recreational rights-of-way, occupy multiple spaces, or remain in non- designated areas where marked parking exists for 24 hours or more. In addition, vehicles with more than three unpaid or uncontested citations within a 12-month period may be towed at the owner’s expense and held until all outstanding fines and fees are satisfied. Jurisdictional Clarification The amendment clarifies that the ordinance applies to the County’s incorporated areas to the greatest extent authorized by Florida law. These changes are intended to restore deterrence, improve the availability of public parking, protect safe access to County facilities and recreational areas, and provide staff with practical enforcement tools to address chronic violations. This item is consistent with the Collier County strategic plan objective to preserve and enhance the character of our community. This item is consistent with the Collier County strategic plan objective to preserve and enhance the character of our community. FISCAL IMPACT: Parking violation revenue is deposited within the General Fund (0001) and the Unincorporated Area General Fund (1011). 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 for approval. – RTT 4/28/2026 Item # 17.D ID# 2026-665 RECOMMENDATION(S): To adopt an Ordinance amending Ordinance 97-50 called the Collier County Parking Ordinance, to increase parking violation fines and include procedural amendments in accordance with the events outlined in the proposed Ordinance. PREPARED BY: Tom Iandimarino, Director, Code Enforcement Division ATTACHMENTS: 1. DRAFT ORDINANCE NO 2026 Parking RTT 2. Business Impact Estimate-Parking Ordinance Amendment 4/17 3. Publication Notice - Parking Fee Ordinance [26-CED-01991/2013033/1] Page 1 of 5 Words underlined are added; Words struck through are deleted. ORDINANCE NO. 2026 -_____ AN ORDINANCE AMENDING ORDINANCE NO. 1997-50, AS AMENDED; PROVIDING FOR REVISIONS TO THE JURISDICTION, PENALTY FOR VIOLATIONS, PAYMENT OF CIVIL PENALTIES AND PROCEEDINGS TO ENFORCE PAYMENT FOR VIOLATIONS, MOTOR VEHICLE LIENS; TOWING, AND PENALTY FOR VIOLATIONS, PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners (Board) adopted Ordinance 80-47, as amended, called the Collier County Parking Ordinance; and WHEREAS, the Board amended Ordinance No. 80-47 by adopting Ordinance No. 97-50; WHEREAS, the Board has determined that the fines established by Ordinance No. 97-50 are no longer a sufficient deterrent to dissuade parking violations and that consideration should be given to raising fines for such violations, particularly for contested violations as well as repeat violators, provide for the towing of vehicles when warranted based upon health and safety concerns as well as for parking in multiple parking spaces of non-residential spaces in excess of twenty-four hours (24), and that the Board empower a Special Magistrate to conduct hearings on contested violations. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Ordinance No. 97-50, as amended, and as codified in Article II. Parking, Sections 130-34 through 130-81 of the Code of Laws and Ordinances of Collier County, Florida, is hereby amended as follows: Sec. 130-33. - Jurisdiction. The provisions of this article prohibiting the stopping, standing or parking of a vehicle shall be in effect upon all streets and highways owned or maintained by the county within the unincorporated area of the county, and to all incorporated areas of the county to the greatest extent authorized by Florida law, and shall apply at all times or as indicated on official signs except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a law enforcement officer or official traffic-control device. CAO [26-CED-01991/2013033/1] Page 2 of 5 Words underlined are added; Words struck through are deleted. Sec. 130-46. Penalty for violations. (a)Pursuant to F.S. § 318.14, any person cited for a violation of sections 30-166 and 30-167 of this article shall be deemed to be charged with a noncriminal violation and shall be assessed a civil penalty according to the following schedule: (1)Handicapped parking: $250.00 for each uncontested violation of section 30-166 of this article or, as determined by the judge or special magistrate, up to $500.00 for a contested violation of section 130-81. Pursuant to subsection 318.18(6), Florida Statutes, the clerk of courts shall dismiss the handicapped parking citation if the following items of proof are presented to the clerk; (a) proof that the person committing the violation had a valid handicapped parking permit or handicapped license plate for the cited vehicle on the issuance date of the citation, (b) a signed affidavit in accord with subsection 318.18(6), Florida Statutes, and (c) a $5.00 dismissal fee. The fines collected for violating section 130-67 shall be used in the following manner: a.One-third to be used to defray expenses for administration. b.Two-thirds to be used to provide funds to improve accessibility and equal opportunity to qualified physically disabled persons in the county and to provide funds to conduct public awareness programs in the county concerning physically disabled persons. (2)Thirty dollars ($30.00) Fine amounts for an uncontested violation of any provision of section 130-66 of this article. Fines and late payment penalty for violations of section 130-66 are to be distributed as follows: a.First Offense Citation - $75.00 distributed as follows: a.1. County parking fines … $10.00$55.00 b.2. County cClerk of cCourts … $5.00 c.3. County parks departmentParks & Recreation Division … $15.00 d. County clerk of courts, late payment penalty - 5.00 b.Second Offense Citation within 12 months from the previous offense - $150.00 distributed as follows: 1. County Parking Fines … $130.00 2. County Clerk of Courts … $5.00 3. County Parks & Recreation Division … $15.00 c.Third or more uncontested Citation from initial offense - $250.00 distributed as follows: 1. County Parking Fines … $230.00 2. County Clerk of Courts … $5.00 3. County Parks & Recreation Division … $15.00 CAO [26-CED-01991/2013033/1] Page 3 of 5 Words underlined are added; Words struck through are deleted. d. Any vehicle that has more than 3 unpaid/uncontested citations within a 12-month period from when the first citation was issued may be towed at the owner’s expense and shall not be released until all outstanding fines and fees have been paid. (b)Each day any violation occurs or continues shall be a separate offense. For parking in excess of the time authorized in a public parking space, each succeeding equal time period beyond that authorized as the maximum time period for said parking place shall constitute a separate offense. (c)The amount of any penalty specified in this section shall be increased by $5.00 The Clerk of Courts will collect and retain the additional amount of a $5.00 penalty for any late payment in this section, if payment is not received by the clerk prior to notice being mailed to the registered owner pursuant to subsection 130-48(c). ** * * * * * * * * * Sec. 130-48. Payment of civil penalties and proceedings to enforce payment for violations. (a)Any person issued a county parking citation, pursuant to section 130-47, shall answer the citation by either of the following procedures within ten days after the date of issuance of the citation. (1)Payment of the penalty indicated on the citation may be remitted to the clerk, pursuant to the directions on such citation; or (2)A hearing may be requested by the person receiving such citation or the cited vehicle's registered owner for the purpose of presenting evidence before a county judge or special magistrate concerning a parking violation. Any person requesting a hearing shall execute a statement on a form prepared by the county attorney indicating his willingness to appear at such hearing at a time and place specified thereon. Any person who requests a hearing and does not appear in accordance with said statement shall be subject to contempt proceedings or to other such penalties as the court may, in its discretion, impose to require compliance with this article. (b)Pursuant to the provisions of F.S. § 316.1967, an election to request a hearing constitutes a waiver of the right to pay the penalty indicated on the parking citation, and a county judge or special magistrate after said hearing may impose a fine not to exceed $100.00, plus court costs for each parking violation, or the fine amount designated by county ordinance, plus court costs. However, an election to request a hearing pertaining to a handicapped parking violation constitutes a waiver of the right to pay the penalty indicated on the parking citation, and a county judge or special magistrate after said hearing may impose a $250.00 fine, plus court costs per violation or the fine amount designated by county ordinance, plus court costs. (c)Upon receipt of a completed parking citation submitted by a law enforcement officer, pursuant to section 130-47, the clerk shall notify the registered owner first listed on such citation of its issuance if there has been no response to the citation pursuant to subsection (a) of this section. Such notice shall be sent by regular mail and shall inform said registered owner concerning the nature and location of the parking violation and shall require payment of the fine or attendance at a hearing at a time and place specified in such notice. Pursuant to the CAO [26-CED-01991/2013033/1] Page 4 of 5 Words underlined are added; Words struck through are deleted. provisions of F.S. § 316.1967, a county judge or special magistrate after said hearing should make a determination as to whether a parking violation has been committed and may impose a fine not to exceed $100.00, plus court costs except for handicapped parking violations, for which a fine of up to $250.00 may be imposed, plus costs, per violation or the fine amount designated by county ordinance. Any person upon which service is obtained, pursuant to this section, who does not appear at a hearing as directed by the notice shall be subject to contempt proceedings or to such other penalties as the court may, in its discretion, impose to require compliance with said notice. * * * * * * * * * * * Sec. 130-54. Motor vehicle liens; towing. (a)The provisions of this article shall be supplementary to and shall not in any way preclude the county or a municipality from utilizing the procedures specified in F.S. chs. 713 and 715, governing the towing, storage and liens for the removal and storage of motor vehicles when such vehicles are parked on real property without the property owner's consent. (b)A vehicle may be towed if said vehicle is obstructing a county park or recreational right-of- way, including boat ramps, and sidewalks, creating a pedestrian or vehicle safety hazard, obstructing the parking ability of other vehicles in designated parking areas, obstruction of handicapped parking space or access aisle, parking across in multiple designated parking spaces for a period of 24 hours or more, parking in a non-designated area for a period of 24 hours of more. (c)County Parks, Park Rangers, and Code Enforcement Officers may request assistance from the Collier County Sheriff’s Department (CCSO) with towing vehicles by utilizing the CCSO’s tow company on call list through the CCSO. CCSO may assist by sending a deputy to the location of the requested tow as needed. * * * * * * * * * * * Sec. 130-81. Penalty for violations. Pursuant to F.S. § 318.14, any person cited for a violation of the ordinance from which this division derives shall be deemed to be charged with a non-criminal violation and shall be assessed a civil penalty of thirty dollars ($30.00). for the first uncontested violation $75.00, second uncontested violation $150.00, third or more uncontested violation $250.00. Pursuant to F.S. § 318.14 (5), any contested proven citation by the official shall not exceed $500.00. The distribution of fines and provisions for late payment penalties shall be in accordance with Section 130-46, as it may be amended, of the Collier County Code of Laws and Ordinances. 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 CAO [26-CED-01991/2013033/1] Page 5 of 5 Words underlined are added; Words struck through are deleted. 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. 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 Courts COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk Dan Kowal, Chairman Approved as to form and legality: _______________________________ Ronald T. Tomasko Assistant County Attorney CAO �C,4C AIT COURT Vol O � a r U ti �o1cIFR COUNTti,F�'�4OP Clerk of the Circuit Court and Comptroller - Crystal K. Kinzel Collier County, Florida 3315 Tamiami Trail East, Ste. 102 - Naples, FL 34112-5324 Phone: (239) 252-2646 Publication Confirmation COLLIER COUNTY STATE OF FLORIDA The attached copy of advertisement, BCC 04/28/2026 Business Impact Estimate - Parking Fee Ordinance was published on the publicly accessible website https:Hnotices.collierclerk.com as designated by Collier County, Florida on 04/17/2026. THIS IS NOT AN AFFIDAVIT OF PUBLICATION. GpLLIE.� Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the County's website by the time notice of the proposed ordinance is published. Published on County website by: April 17, 2026 Proposed ordinance's Short Title: AN ORDINANCE AMENDING ORDINANCE NO. 1997-50, AS AMENDED; PROVIDING FOR REVISIONS TO THE JURISDICTION, PENALTY FOR VIOLATIONS, PAYMENT OF CIVIL PENALTIES AND PROCEEDINGS TO ENFORCE PAYMENT FOR VIOLATIONS, MOTOR VEHICLE LIENS; TOWING, AND PENALTY FOR VIOLATIONS, PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. This Business Impact Estimate is provided in accordance with section 125.66(3), Florida Statutes. If one or more boxes are checked below, this means the County is of the view that a business impact estimate is not required by state law' for the proposed ordinance, but the County is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. ❑ The proposed ordinance is required for compliance with Federal or State law or regulation; ❑ The proposed ordinance relates to the issuance or refinancing of debt; ❑ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ❑ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the county government; ❑ The proposed ordinance is an emergency ordinance; ❑ The ordinance relates to procurement; or ❑ The proposed ordinance is enacted to implement the following: a. Development orders and development permits, as those terms are defined in Section 163.3164, and development agreements, as authorized by the Florida Local Government Development Agreement Act under Sections 163-3220- 163.3243; 1 See Section 125.66(3)(c), Florida Statutes. b. Comprehensive Plan amendments and land development regulation amendments initiated by application by a private party other than Collier County; c. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; d. Section 553.73, Florida Statutes, relating to the Florida Building Code; or e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the County hereby publishes the following information: 1. Summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals and welfare): To update the County Parking Ordinance definitions to include Special Magistrate, to strengthen and specify civil penalties, parking violation fines, authorizing County Park, Park Rangers, and Code Enforcement Officers to request vehicles in violation to be towed with the assistance of Collier County Sheriff's Office (CCSO), as needed, and procedural amendments in accordance with the events outlined in the proposed Ordinance. 2. An estimate of the direct economic impact of the proposed ordinance on private, for -profit businesses in the County, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur; (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible; and (c) An estimate of the County's regulatory costs, including estimated revenues from any new charges or fees to cover such costs. There will be no direct economic impact or costs due to the proposed ordinance on private, for -profit businesses in the County. Any charges or fees will only be imposed in the event of a confirmed violation if this Ordinance is adopted. 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: There will be no direct impact on businesses by the proposed ordinance. 4. Additional information the governing body deems useful (if any): [You may wish to include in this section the methodology or data used to prepare the Business Impact Estimate. For example: County staff solicited comments from businesses in the County as to the potential impact of the proposed ordinance by contacting the chamber of commerce, social media posting, direct mail or direct email, posting on County website, public workshop, etc. You may also wish to include efforts made to reduce the potential fiscal impact on businesses. You may also wish to state here that the proposed ordinance is a generally applicable ordinance that applies to all persons similarly situated (individuals as well as businesses) and, therefore, the proposed ordinance does not affect only businesses.] These definitions add clarity relating to the Collier County Parking Ordinance, providing stronger parking violation fines and including procedural amendments in accordance with the events outlined in the proposed Ordinance Amendment. Businesses will not be directly impacted by this amendment. Clerk of the Circuit Court and Comptroller - Crystal K. Kinzel Collier County, Florida 3315 Tamiami Trail East, Ste. 102 - Naples, FL 34112-5324 Phone: (239) 252-2646 Publication Confirmation COLLIER COUNTY STATE OF FLORIDA The attached copy of advertisement, BCC 4/28/2026 Parking Fee Ordinance was published on the publicly accessible website https://notices.collierclerk.com as designated by Collier County, Florida on 04/17/2026. THIS IS NOT AN AFFIDAVIT OF PUBLICATION. NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners commencing at 9:00 a.m. on April 28, 2026, in the Board of County Commissioners meeting room, Third floor, Collier Government Center, 3299 East Tamiami Trail, Naples, FL, to consider: AN ORDINANCE AMENDING ORDINANCE NO. 1997-50, AS AMENDED; PROVIDING FOR REVISIONS TO THE JURISDICTION, PENALTY FOR VIOLATIONS, PAYMENT OF CIVIL PENALTIES AND PROCEEDINGS TO ENFORCE PAYMENT FOR VIOLATIONS, MOTOR VEHICLE LIENS; TOWING, AND PENALTY FOR VIOLATIONS, PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of 7 days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colher.gov/Calendar-Events-directory after the agenda is posted on the County website. Registration should be done in advance of the public meeting or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrev.Willig_(i�collieraov_. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DAN KOWAL, CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT AND COMPTROLLER