Ordinance 2018-01 ORDINANCE NO.2018- n
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, REGULATING THE HARVESTING OF
PALMETTO BERRIES AND OTHER NATURAL RESOURCES;
PROVIDING FOR DEFINITIONS; PROVIDING FOR REQUIREMENT
FOR PROOF OF PERMISSION TO HARVEST; PROVIDING FOR
VIOLATION AND PENALTY; PROVIDING FOR AFFIRMATIVE
DEFENSE; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the practice of harvesting palmetto berries and other natural resources
constitutes a trespass as set forth in Section 810.09, Florida Statutes, when palmetto berries or
natural resources are collected and taken from private property without permission of the property
owner;and
WHEREAS, it is often difficult for law enforcement to identify and prove if a person has
the legal right to harvest on property;and
WHEREAS, the Board of County Commissioners desires to provide that all persons
engaged in the act of harvesting palmetto berries or other natural resources from property have
available written permission from the owners of property to be present on the property for the
purpose of harvesting.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA that:
Section One. Definitions.
A. Harvest shall mean to cut,remove,collect or gather palmetto berries, or any other
natural resources,for the purpose of processing, sale or personal use.
B. Natural resources shall mean any assets or products, not including game or
livestock, that have any economic value, including but not limited to, lumber, palmetto berries,
orchids,plant seeds,entire plants,cabbage palms,and sod.
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Section Two. Proof of permission to harvest required.
Any person engaged in the harvesting of palmetto berries,or other natural resources from
property which they do not own, shall possess on site, at all times, written permission from an
owner of the property documenting authority to be present on the property and documenting the
extent of permission to harvest palmetto berries or other natural resources.
Section Three. Violation; penalty.
Violation of any provision of this Ordinance shall be treated in the same manner as a
misdemeanor of the second degree punishable by a fine not exceeding$500.00 or by imprisonment
not to exceed 60 days,or by both such fine and imprisonment. A separate penalty may be imposed
for each separately owned property from which palmetto berries or other natural resources have
been harvested in violation of this ordinance. Additionally,any person or entity found in violation
of this ordinance shall pay all costs of prosecution necessary to establish the violation, including
but not limited to investigative costs,witness fees,subpoena costs,and survey costs;and shall pay
restitution to each property owner from whose property palmetto berries or other natural resources
were harvested in violation of this ordinance.
Section Four. Affirmative Defense.
It shall be an affirmative defense to a finding of a violation of this ordinance if the named
violator provides sufficient proof, by clear and convincing evidence, that the violator had the
property owner's permission to harvest on the date of the violation.
Section Five. 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 court of competent jurisdiction holds any
phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
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Section Six. 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 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.
Section Seven. 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 Zrastrehday of aem, tcz:.va_\ , 2018.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHTt BROCIK,: Jerk COLLIER CO ' Y FLORID
By: By: 474 AO
Attest as to Chan ty Cly,rk `i `�IY SOLIS ,Chairman
signaturenly.
Approved t prm and legality:
Jeffrey A. Klatt,County Attorney
This ordinance filed with the
Secretary of State's Cffics the
hi
25'4'day of hU2.11N - _
and acknowled.:emenf of that
filing received this . day
of Ja4w 21,1.% _.
li- S: Pf-Da,-..___I 'etio 401,
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
January 25, 2018
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Ms. Martha Vergara
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2018-01,which was filed in this office on January 25,
2018.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us