Agenda 05/13/2013 Item #17GProposed Agenda Changes
Board of County Commissioners Meeting
May 14, 2013
Move Item 17G to Item 9A: Recommendation to adopt an ordinance
amending Ordinance No. 2003 -53, as amended, the "Collier County
Ethics Ordinance." (Commissioner Coyle and Commissioner Fiala's
separate requests)
Move Item 17B to Item 9C: An Ordinance of the Board of County Commissioners of Collier
County, Florida amending Ordinance 2007 -46, as amended, the Wolf Creek Residential Planned
Unit Development, PUDZA- PL20120000650, by increasing permissible number of dwelling units
from 671 to 754; amending Ordinance 2004 -41, the Collier County Land Development Code by
amending appropriate zoning atlas map or maps by changing the zoning classification of an
additional 5± acres of land from RMF -6(4) Scenic Woods Rezone to the Wolf Creek RPUD and
by changing the zoning classification of an additional 16± acres from Palermo Cove PUD to Wolf
Creek PUD; by revising development standards; by adding Exhibit A -1, the amended Master
Plan for parcels lA through 3A; by adding Exhibit "D ", Private Road Cross - Section for Parcels
IA through 3A; by adding Table II, Development Standards for Parcels lA through 3A; and by
adding deviations and revising developer commitments. The subject property is on the north side
of Vanderbilt Beach Road (C.R. 862) approximately one -half mile west of Collier Boulevard
(C.R. 951) in Section 34, Township 48 South, Range 26 East, Collier County, Florida consisting
of 189± acres; providing for repeal of Ordinance 2007 -03, the Scenic Woods Rezone; and by
providing an effective date. (Companion PUDZA- PL20120000680: Palermo Cove) (Staff request
due to letter of objection)
Continue Item 16E4 to the May 28, 2013 BCC Meeting: Recommendation to approve
proposed amendments to Ordinance No. 04 -52, as amended, Criminal History Record Checks
and authorize Staff to advertise the amendments and return to the Board for final approval.
(Staff s request)
Move Item 16D7 to Item 11E: Recommendation to request authorization to advertise and bring
back an Ordinance amending Collier County Ordinance No. 96 -84, as amended (Radio Road
Beautification MSTU), to incorporate provisions to facilitate improvements to the Rich King
Memorial Greenway within MSTU boundaries (Commissioner Henning's request)
Continue Item 16A10 to the May 28, 2013 BCC Meeting: Recommendation to increase the
collective annual limit for multiple contracts resulting from RFP #12 -5892, "Fixed Term
Landscape Architectural Services" (Staff request)
Continue Item 16C2 to the May 28, 2013 BCC Meeting: Recommendation to authorize purchase
of a new Case 580N Backhoe from Trekker Tractor LLC, in the amount of $65,050.07, utilizing
the Florida Sheriff Association's State Contract #12 -10 -0905 (Staff request)
Proposed Agenda Changes
Board of County Commissioners Meeting
May 14, 2013
Page 2
Move Item 17C to Item 91): 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 established the comprehensive zoning regulations
for the unincorporated area of Collier County, Florida by amending the appropriate
zoning atlas map or maps by removing approximately 16 acres from the Palermo Cove
Residential Planned Unit Development (RPUD); and by changing the zoning classification
of the herein described real property from a RPUD zoning district to a RPUD zoning district
for a project known as the Palermo Cove RPUD, PUDZA- PL20120000680, by revising
project development standards, adding deviations, adopting a new conceptual master plan,
revising developer commitments and reducing the permitted number of dwelling units from
564 to 237 on property located north of Wolfe Road and west of Collier Boulevard (C.R.
951) in Section 34, Township 48 South, Range 26 East, Collier County, Florida, consisting of
115± acres; providing for repeal of Ordinance Numbers 2005 -34 and 2006 -30, the former
Palermo Cove RPUD; and by providing an effective date. (Companion PUDZA-
PL20120000650: Wolf Creek PUD) (Staff request due to receipt of letter of objection)
Move Item 17I to Item 9B: Recommendation to adopt an ordinance amending Ordinance
No. 93 -72, as amended, the "Collier County Administrator's Ordinance." (Commissioner
Coyle's request)
Time Certain Items:
Item 10I to be heard at 10:00 a.m., followed by Item 10G and 10H
Item 1111 to be heard at 11:00 a.m.
Item 14B1 to be heard at 1:00 p.m., immediately followed by Item 11C
Item 11D to be heard at 3:00 p.m.
5/14/2013 17.G.
EXECUTIVE SUMMARY
Recommendation to adopt an ordinance amending Ordinance No. 2003 -53, as amended,
the "Collier County Ethics Ordinance."
OBJECTIVE:. To amend the Collier County Ethics Ordinance.
CONSIDERATIONS: Collier County Ordinance No. 2003 -53, as adopted on September 23,
2003, superseded and repealed prior ordinances in order to clarify and strengthen the Collier
County Ethics Ordinance. The Board subsequently amended the Ordinance through its adoption
of Ordinance Nos. 2004 -05, 2007 -24, and 2011 -15. These Ordinances are codified in Chapter 2,
Article X of the Collier County Code of Laws and Ordinances.
At its March 26, 2013 regular meeting, the Board directed the County Attorney to work
with the County Manager to revise the County's current ethics ordinance. On April 23, the
Board authorized the following changes to the Ethic Ordinance:
Sec. 2 -2055. - Definitions.
County managerial employee shall mean the county manager, assistant and/or deputy
county manager, county attorney, chief assistant county attorney and all division
administrators, and department and authority directors of Collier County Government.
Also included in this definition are those county employees .
actively engaged in selecting contractors or in supervising, overseeing, or vouchering for
contract performance.
Gift shall have the definition contained in F.S. ch. 112, pt. III, with the following
additions and exceptions:
(2) Exceptions:
"Gift" shall not include:
d: -Food or beverage accepted. when: (i) offered free in the course of a professional or
civic meeting or group function. at which attendance is desirable because it will assist the
person in performing his or her official duties; or (ii) provided to all panelists or speakers
when a person is participating as a panelist or speaker in a program, seminar, or
educational conference.
In addition to all other circumstances where this article allows public servants to accept
food and beverages, and notwithstanding any other section of this article or personnel
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manual to the contrary, public officials and all county employees may accept food or
beverage as mentioned above in this subsection and consumed at a single sitting or event
only if the costs for said food or beverage do not exceed the rate for
the appropriate per diem allowance for said meal as provided in F.S. ch. 112. `If, under
� <
circumstances beyond the control of the donee, the costs exceed agate,
the donee may accept said food or beverage but shall file a written disclosure statement
within five working days of the acceptance with the county manager on a form provided
by the county manager.
* * * * * * * * * * * * * * * **
i. Food or beverage items when offered as a customary courtesy to all attendees at
any business meeting or business activity at which attendance by the public servant(s) in
question is required or appropriate for purposes of performing county job duties or
county responsibilities, provided that such food or beverage items would have a
reasonably estimated value of no more than 40 -
Sec. 2 -2056. - Standards of conduct.
(a) s not accept a gift, directly or indirectly, if he or she
knows or reasonably should have known that *it was given with the intent to reward or
influence him or her in-the performance or nonperformance of his or her public duties.
(b)"` shall participate in the selection of a vendor or the
approval of a contract if that employee has received a gift, directly or indirectly, from
someone representing the vendor or a contracting parry, including gifts from relatives.
Furthermore, no public servant shall participate in permitting or inspection decisions if
that employee has received a gift from the permit or inspection applicant/potential
recipient or the applicant/potential recipient's principal, including gifts from relatives.
* * * * * * * * * * * * * * * **
(d) The following gift prohibitions for public officials are enacted as additional and
more stringent standards of conduct than those specified F.S. § 112.3148:
(1) Public officials shall not solicit or accept, directly or indirectly, any fee,
compensation, gift, gratuity, favor, food, entertainment, loan, or any other thing of
monetary value, from anyone who the public official knows or reasonably should
know:
a. Has, or is seeking to obtain, contractual or other business or
financial relations with the county department or board with which
the public official is. affiliated.
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b. Conducts or represents a person or entity that conducts operations
or activities that are regulated by the county department or board
with which the public official is affiliated.
C. Is seeking zoning, permitting, or inspection approval from the
county department or board with which the public official is
affiliated.
d. Has interests that may be substantially affected by the performance
or non - performance of duties of the county public official.
e. Is in any way attempting to affect the official actions of the county
public official.
This paragraph is not intended to O prohibit a public official from obtaining a
loan from a financial institution at a rate and terms available to all other similarly
situated members of the public by virtue of occupation, affiliation, age, religion,
sex, or national ori ein; or fii to ni iiilic `rifr;silc:;,r�,�;,�.,,,
Sec. 2 -2059. - Supplemental provisions.
incop4rtionif'Stateayrieral Reference
It shall be the duty of each commissioner and of all county managerial employees
and reporting individuals to become familiar with the Collier County Ethics Ordinance.
To this end, the human resources director shall annually distribute to each .such person a
current copy of the "Florida Commission on Ethics Guide to the Sunshine Amendment
and Code of Ethics for Public Employees" (or similar Florida Commission on Ethics
publication) and a copy of this article. The specific duties set forth in this section of this
article regarding familiarity with the ethics rules and distribution of informative materials
shall not be subject to the penalties set forth in this article.
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In addition to these changes, the Board directed that language be added to the ordinance ^
to make it clear that the ordinance does not regulate gift giving in the context of purely personal
relationships. Accordingly, the following additional language was added:
(d) The following gift prohibitions for public officials are enacted as additional and
more stringent standards of conduct than those specified Section 112.3148, Florida Statutes:
(1) Public officials shall not solicit or accept, directly or indirectly, any fee,
compensation, gift, gratuity, favor, food, entertainment, loan, or any other thing of
monetary value, from anyone who the public official knows or reasonably should
know:
a. Has, or is seeking to obtain, contractual or other business or financial
relations with the county department or board with which the public
official is affiliated.
b. Conducts or represents a person or entity that conducts operations or
activities that are regulated by the county department or board with which
the public official is affiliated.
C. Is seeking zoning, permitting, or inspection approval from the county
department or board with which the public official is affiliated.
d. Has interests that may be substantially affected by the performance or ^
non - performance of duties of the county public official.
e. Is in any way attempting to affect the official actions of the county public
official.
This paragraph is not intended to (i) prohibit a public official from obtaining a loan from
a financial institution at a rate and terms available to all other similarly situated members of the
public by virtue of occupation, affiliation, age, religion, sex, or national origin; (ii) to prevent
public officials from accepting a gift under $25 from a constituent or from a non - lobbyist, when
customary to do so, such as within the context of a social setting, unless he or she knows or
reasonably should have known that it was given with the intent to reward or influence him or her
FISCAL IMPACT: The cost for advertising the proposed ordinance was $259.38.
GROWTH MANAGEMENT IMPACT: None.
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LEGAL CONSIDERATIONS: The proposed ordinance was drafted by the County Attorney,
is legally sufficient, and requires majority vote for enactment. - JAK
RECOMMENDATION: That the Board of County Commissioners adopts the proposed
amendment to the Collier County Ethics Ordinance.
PREPARED BY: Jeffrey A. Klatzkow, County Attorney
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.G.
Item Summary: Recommendation to adopt an ordinance amending Ordinance No. 2003-
53, as amended, the "Collier County Ethics Ordinance."
Meeting Date: 5/14/2013
Prepared By
Name: NeetVirginia
Title: Legal Assistant/Paralegal,County Attorney
5/1/2013 10:33:29 AM
Submitted by
Title: County Attorney
Name: KlatzkowJeff
5/1/2013 10:33:31 AM
Approved By
Name: KlatzkowJeff
Title: County Attorney
Date: 5/1/2013 11:33:47 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 5/1/2013 1:34:55 PM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 5/1/2013 1:50:19 PM
Name: OchsLeo
Title: County Manager
Date: 5/2/2013 11:46:07 AM
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ORDINANCE NO. 2013 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2003-53,
AS AMENDED, THE COLLIER COUNTY ETHICS ORDINANCE, BY
AMENDING SECTION FIVE, "DEFINITIONS;" SECTION SIX,
"STANDARDS OF CONDUCT;" AND SECTION NINE,
"SUPPLEMENTAL PROVISIONS," WHICH WILL BE RE- TITLED TO
"INCORPORATION OF STATE LAW BY GENERAL REFERENCE;"
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 112, Part III, Florida Statutes, establishes a code of ethics and
provides standards of conduct for public officers and employees; and
WHEREAS, the Board of County Commissioners (Board) adopted Ordinance No. 2003-
53, known as the Collier County Ethics Ordinance, to complement and enhance the State
standards set forth in Chapter 112, Florida Statutes, and to further the public's trust in their local
government; and
WHEREAS, the Board subsequently amended Ordinance No. 2003 -53 through its
adoption of Ordinance No. 2004 -05 and Ordinance No. 2011 -15; and
WHEREAS, the Board desires to revise Ordinance No. 2003 -53, as amended, in the
manner set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENTS TO SECTION FIVE OF ORDINANCE NO. 2003 -53,
AS AMENDED.
Section Five is hereby amended as follows:
SECTION FIVE: DEFINITIONS.
(a) For the purposes of this Ordinance, the definitions contained in Chapter 112, Part III,
Florida Statutes, shall apply and control, in accordance with the subject matter, unless the text
and/or context of this Ordinance provides otherwise.
* * * * * * * * * * * * * * * * * * * **
1
Text underlined is added, text fitmak dweuo is deleted
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County Managerial Employee shall mean the County Manager, Assistant and/or Deputy
County Manager, County Attorney, Chief Assistant County Attorney and all Division
Administrators, and Department and Authority Directors of Collier County Government. Also
included in this definition are procurement employees and those county employees actively
engaged in selecting contractors or in supervising, overseeing, or vouchering for contract
performance.
Gift shall have the definition contained in Chapter 112, Part III, Florida Statutes, with the
following additions and exceptions:
(1) Additions:
a. Initiation fees.
(2) Exceptions:
"Gift" shall not include:
* * * * * * * * * * * * * * * * * * * **
d. Food or beverage accepted when: (i) offered free in the course of a
professional or civic meeting or group function at which attendance is
desirable because it will assist the person in performing his or her official
duties; or (ii) provided to all panelists or speakers when a person is
participating as a panelist or speaker in a program, seminar, or educational
conference.
In addition to all other circumstances where this Ordinance allows public
servants to accept food and beverages, and notwithstanding any other
section of this Ordinance or personnel manual to the contrary, public
officials and all county employees may accept food or beverage as
mentioned above in this subsection and consumed at a single sitting or
event only if the costs for said food or beverage do not exceed the rg eater
of $25 or the rate for the appropriate per diem allowance for said meal as
provided in Chapter 112, Florida Statutes. If, under circumstances beyond
the control of the donee, the costs exceed the per- this rate, the donee
may accept said food or beverage but shall file a written disclosure
statement within five working days of the acceptance with the County
Manager on a form provided by the County Manager.
The value of food or beverages, for purposes of this subsection, shall be
the price that the consuming public would be expected to pay for the same
item(s).
* * * * * * * * * * * * * * * * * * * **
Text underlined is added, text Omsk Owe is deleted.
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i. Food or beverage items when offered as a customary courtesy to all
attendees at any business meeting or business activity at which attendance
by the public servant(s) in question is required or appropriate for purposes
of performing county job duties or county responsibilities, provided that
such food or beverage items would have a reasonably estimated value of
no more than V-AG $25.
soda; bet4led water-, eeekies or- .
SECTION TWO: AMENDMENTS TO SECTION SIX OF ORDINANCE NO. 2003 -53,
AS AMENDED.
Section Six is hereby amended as follows:
SECTION SIX: STANDARDS OF CONDUCT
(a) A public serer official shall not accept a gift, directly or indirectly, if he or she
knows or reasonably should have known that it was given with the intent to reward or influence
him or her in the performance or nonperformance of his or her public duties.
(b) No public sew official shall participate in the selection of a vendor or the
approval of a contract if that employee has received a gift, directly or indirectly, from someone
representing the vendor or a contracting party, including gifts from relatives. Furthermore, no
public servant shall participate in permitting or inspection decisions if that employee has
received a gift from the permit or inspection applicant/potential recipient or the
applicant/potential recipient's principal, including gifts from relatives.
* * * * * * * * * * * * * * * * * * * **
(d) The following gift prohibitions for public officials are enacted as additional and
more stringent standards of conduct than those specified Section 112.3 148, Florida Statutes:
(1) Public officials shall not solicit or accept, directly or indirectly, any fee,
compensation, gift, gratuity, favor, food, entertainment, loan, or any other thing of
monetary value, from anyone who the public official knows or reasonably should
know:
a. Has, or is seeking to obtain, contractual or other business or financial
relations with the county department or board with which the public
official is affiliated.
b. Conducts or represents a person or entity that conducts operations or
activities that are regulated by the county department or board with which
the public official is affiliated.
Text underlined is added; text sm& &eugk is deleted.
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C. Is seeking zoning, permitting, or inspection approval from the county
department or board with which the public official is affiliated.
d. Has interests that may be substantially affected by the performance or
non - performance of duties of the county public official.
Is in any way attempting to affect the official actions of the county public
official.
This paragraph is not intended to Q prohibit a public official from obtaining a loan from
a financial institution at a rate and terms available to all other similarly situated members of the
public by virtue of occupation, affiliation, age, religion, sex, or national origin; (ii) to prevent
public officials from accepting a gift under $25 from a constituent or from a non - lobbyist, when
customary to do so, such as within the context of a social setting, unless he or she knows or
reasonably should have known that it was given with the intent to reward or influence him or her
in the performance or nonperformance of his or her public duties; or (iii) to otherwise accept
personal gifts from individuals who do not fall within the prohibitions set forth above when the
circumstances demonstrate that the motivation for the gift was clearly the personal or social
relationship rather than an attempt to obtain the goodwill or otherwise influence the public
official in the performance of his or her official duties.
SECTION THREE: AMENDMENTS TO SECTION NINE OF ORDINANCE NO.
2003 -53, AS AMENDED.
Section Nine is hereby amended as follows:
SECTION NINE: SUPPLEMENTAL PROVISIONS INCORPORATION OF STATE LAW
BY GENERAL REFERENCE.
The provisions of State law governing ethics for public officers and employees, including
Chapter 112, Part III, Florida Statutes, are hereby incorporated by general reference as they may
exist and be amended from time to time. To the extent that the provisions of this Ordinance are
more stringent than those of State law, then this Ordinance shall apply.
Text underlined is added; text stmak dwe is deleted.
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SECTION FOUR: 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 FIVE: 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 Ordinance of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION SIX: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of
ATTEST:
DWIGHT E. BROCK, Clerk
, Deputy Clerk
2013.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER, ESQ.
CHAIRWOMAN
Text underlined is added; text stmak dwettgl3 is deleted.
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Collier County, Florida, Code of Ordinances >> PART I - CODE >> Chapter 2 - ADMINISTRATION >>
ARTICLE X. - COLLIER COUNTY ETHICS >>
ARTICLE X. - COLLIER COUNTY ETHICS M
Sec. 2 -2051. - Title and citation.
Sec. 2 -2052. - Scope.
Sec. 2 -2053. - Statement of policy.
Sec. 2 -2054. - Findings.
Sec. 2 -2055. - Definitions.
Sec. 2 -2056. - Standards of conduct.
Sec. 2 -2057. - Lobbyist registration and disclosure requirements.
Sec. 2 -2058. - Post - employment restrictions.
Sec. 2 -2059. - Supplemental provisions.
Sec. 2 -2060. - Penalties.
Sec. 2 -2051. - Title and citation.
This Article shall be known and cited as the "Collier County Ethics Ordinance ".
(Ord. No. 03 -53, § 11 9- 23 -03; Ord. No. 04-05, § 1)
n
Sec. 2 -2052. - Scope.
This Article shall apply to all public servants of the Collier County Board of County
Commissioners, which includes public officials, whether elected or appointed, and all County
employees.
(Ord. No. 03 -53, § 2, 9- 23 -03; Ord. No. 04 -05, § 2)
Sec. 2 -2053. - Statement of policy.
It is the public policy of Collier County that public servants work for the benefit of the citizens
of Collier County. It is the responsibility of each public servant to act in a manner that contributes to
ensuring the public's trust in its government. In particular, to always be honest with the public they
serve, and to be good stewards of the tax dollars entrusted to them. To this end, an individual
covered by this article shall: (1) not use his or her position as a public servant for unlawful gain or
enrichment; (2) avoid conduct that gives the appearance of impropriety in the performance of his or
her public duties; and (3) not accept any items of value if the public servant knows or reasonably
should have known that it was given with the intent to reward or influence him or her in the
performance or nonperformance of his or her public duties. The statement of policy and general
standards of conduct set forth in this section are not subject to the penalties provided for in this
Article.
(Ord. No. 03 -53, § 3, 9- 23 -03; Ofd. No. 04-05. § 3)
Sec. 2 -2054. - Findings.
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(a) The report submitted to the Collier County Board of County Commissioners ( "board ") on
101"N September 15, 1998, by the Ad Hoc Ethics Standards Review Committee ( "committee "),
recommended the adoption of a local ethics code.
(b) The board finds that the legislative intent and declaration of policies set forth in F.S. §
112.311, sets forth a laudable philosophy regarding the purpose, scope and application of
ethics laws in relation to county officers and employees. Moreover, the board also finds,
based on the committee's report, that additional, more stringent requirements are needed
with regard to lobbyists, gifts, and post - county employment restrictions in order to promote
and protect the public trust in its local government.
(c) F.S. § 112.326, authorizes the board to impose more stringent standards of conduct and
disclosure requirements, beyond those specified in F.S. ch. 112, pt. III, upon its own officers
and employees provided that said standards of conduct and disclosure requirements do not
otherwise conflict with F.S. ch. 112, pt. III.
(d) F.S. § 125.69(1), provides, in pertinent part, that violations of county ordinances shall be
prosecuted in the same manner as misdemeanors are prosecuted. Such violations shall be
punished by a fine not to exceed $500.00 or by imprisonment in the county jail not to exceed
60 days or by both such fine and imprisonment. The board further finds that an efficient and
effective method for the determination of allegations of violations of the additional more
stringent ethical standards set forth in this article is through local enforcement thereof.
(e) F.S. § 112.313(13), authorizes the board to adopt an ordinance establishing post -
employment restrictions for certain designated county employees.
(f) The board finds that preservation of the integrity of the governmental decision - making
process is essential to the continued functioning of an open government. Therefore, in order
^ to preserve and maintain the integrity of the process and to better inform the citizens of
efforts to influence legislative branch action, the board finds it appropriate to require public
registration and disclosure of the identity of certain persons who attempt to influence actions
of the board or actions of any of the county's quasi- judicial boards.
(9) F.S. § 112.3148(2)(b), authorizes the board to establish a local registration process for
lobbyists. The board finds that such a registration process serves to promote and protect
governmental integrity as well as to foster open government. The board further finds that
such a public registration process for lobbyists may assist to promote full compliance by
lobbyists with the lobbyist gift reporting requirements set forth in F.S. § 112.3148.
(h) The board finds that more stringent requirements are needed with regard to the value of gifts
that may be provided by lobbyists to public officers and employees beyond the standards set
forth in F.S. § 112.3148. Specifically, the board finds that a zero gift limit, rather than $100.00
as set forth by F.S. § 112.3148, should be enacted in order to better promote and preserve
the integrity of the governmental decision - making process.
(i) The board finds that additional gift prohibitions are necessary for public officials prohibiting
the receipt of any gift or any other thing of monetary value from anyone who the public
official knows or reasonably should know is any way attempting to affect the official actions,
business or finances of the county or from anyone that has an interest that may be
substantially affected by the performance or nonperformance of duties of a public official.
The board further finds that prohibitions are necessary in regard to gifts between official
superiors and subordinate public officials in order to preserve the ethical integrity of the
performance of public service by county human resources.
(i) Collier County Office of the County Administrator, Administrative Procedure, Instruction 5311
^ (F) (Code of Ethics/Standards of Conduct), restricts Collier County employees from receiving
gifts or other items of value in connection with the performance of official duties. Said
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restrictions exist separate and independent from the provisions of this article and F.S. ch.
112, pt. III.
(k) Nothing in this article shall be construed to chill, restrict or prohibit the free exercise of any
citizen's constitutional rights, including, but not limited to, the right to petition his or her
county government or exercise his or her rights of free speech.
(Ord. No. 03 -53, § 4, 9- 23 -03; Ord. No. 04-05, § 4)
Sec. 2 -2055. - Definitions.
(a) For the purposes of this article, the definitions contained in F.S. ch. 112, pt. III, shall apply
and control, in accordance with the subject matter, unless the text and /or context of this
article provides otherwise.
Advisory board member means any person appointed by the Board of County
Commissioners to any county board, committee or authority which has any final decision - making
authority. Such boards include, but are not limited to:
Airport Authority
Collier County Code Enforcement Board
Collier County Planning Commission
Contractors Licensing Board
Library Advisory Board
Public Vehicle Advisory Committee
Utility Authority
County employee shall mean any employee of Collier County, regardless of whether the
employee is ultimately supervised by the Board of County Commissioners, the county manager, the
county attorney, the airport authority or the executive director of the airport authority.
County managerial employee shall mean the county manager, assistant and /or deputy
county manager, county attorney, chief assistant county attorney and all division administrators,
and department and authority directors of Collier County Government. Also included in this
definition are those county employees actively engaged 'in selecting contractors or in supervising,
overseeing, or vouchering for contract performance.
Gift shall have the definition contained in F.S. ch. 112, pt. III, with the following additions and
exceptions:
(1) Additions:
a• Initiation fees.
(2) Exceptions:
"Gift" shall not include:
a. Salary, benefits, services, fees, commissions, gifts, or expenses associated
solely with the donee's non - county employment, business, or service as an
employee, official or director of a corporation or organization. However, for
purposes of this exemption from the definition of "gift" in this article, public
servants may only engage in such non - county employment or economic activity
if: (1) such non - county employment or economic activity does not create a
conflict of interest as defined by F.S. § 112.312(8), i.e., a situation in which
regard for a private interest tends to lead to disregard of a public duty or
interest; and (2) all applicable county administrative procedures governing such
non - county employment or economic activity are followed.
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b. Contributions or expenditures reported pursuant to F.S. ch. 106, campaign -
1001N related personal services provided without compensation by individuals
volunteering their time, or any other contribution or expenditure by a political
party.
C. Gifts received from relatives, as defined in this section, or gifts received from a
person who shares the same permanent legal residence at the time of the gift.
However, no public servant shall participate in the selection of a vendor or the
approval of a contract if that employee has received a gift from someone
representing the vendor or a contracting party, including gifts from relatives.
Furthermore, no public servant shall participate in permitting or inspection
decisions if that employee has received a gift from the permit or inspection
applicant/potential recipient or the applicant/potential recipient's principal,
including gifts from relatives.
d• Food or beverage accepted when: (i) offered free in the course of a
professional or civic meeting or group function at which attendance is desirable
because it will assist the person in performing his or her official duties; or (ii)
provided to all panelists or speakers when a person is participating as a
panelist or speaker in a program, seminar, or educational conference.
In addition to all other circumstances where this article allows public servants to
accept food and beverages, and notwithstanding any other section of this
article or personnel manual to the contrary, public officials and all county
employees may accept food or beverage as mentioned above in this
subsection and consumed at a single sitting or event only if the costs for said
food or beverage do not exceed the rate for the appropriate per diem allowance
for said meal as provided in F.S. ch. 112. If, under circumstances beyond the
control of the donee, the costs exceed the per diem rate, the donee may accept
said food or beverage but shall file a written disclosure statement within five
working days of the acceptance with the county manager on a form provided by
the county manager.
The value of food or beverages, for purposes of this subsection, shall be the
price that the consuming public would be expected to pay for the same item(s).
e• Unsolicited advertising or promotional material such as pens, pencils,
notepads, calendars, and other items of nominal commercial value may be
accepted from individuals or entities that are not currently in a contractual
relationship or reasonably likely to seek a contractual relationship with Collier
County. Unsolicited job - related literature may be accepted as well.
f• Gifts given for participation in a program, seminar, or educational conference
when such gifts are:
1 • Of nominal commercial value, and
2. In the nature of a remembrance traditional to the particular sponsoring
entity, or
3. Provided to all participants in the program.
9• An award, plaque, certificate, or similar personalized item of nominal
commercial value given in recognition of the donee's public, civic, charitable, or
professional service.
h• A rate or terms on a debt, loan, goods, or services, which rate and terms are
customary and are at a government rate and terms available to all other
similarly situated government employees or officials, or rates and terms which
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are available to similarly situated members of the public by virtue of occupation,
affiliation, age, religion, sex, or national origin.
Food or beverage items when offered as a customary courtesy to all attendees
at any business meeting or business activity at which attendance by the public
servant(s) in question is required or appropriate for purposes of performing
county job duties or county responsibilities, provided that such food or
beverage items would have a reasonably estimated value of no more than
$4.00 to any member of the consuming public. By way of example, such food
and beverage items may include a cup of coffee, a soda, bottled water, cookies
or donuts.
A rate offered to Commissioners at an event serving a valid public purpose,
which rate is less than that offered the general public, that represents the
actual cost of the event (such as food, beverage, and entertainment) to the
sponsor, but that does not include the charitable donation otherwise included in
the total cost to attend the event. Commissioners may contact the event
sponsor to seek this rate.
Lobbying shall mean, for compensation: influencing or attempting to influence legislative or
quasi-judicial action or non - action through oral or written communication or an attempt to obtain the
good will of a member or employee of the Board or of a Collier County Advisory Board or a quasi -
judicial board.
Lobbyist shall mean:
(1) Any natural person who, for compensation, seeks, or sought during the preceding 12
months, to influence the governmental decision- making of a reporting individual or
procurement employee or his or her agency or seeks, or sought during the preceding
12 months, to encourage the passage, defeat, or modification of any proposal or
recommendation by the reporting individual or procurement employee or his or her
agency.
(2) A person who is employed and receives payment, or who contracts for economic
consideration, for the purpose of lobbying, or a person who is principally employed for
governmental affairs by another person or governmental entity to lobby on behalf of
that other person or governmental entity.
(3) A person who registers with the board as a lobbyist pursuant to this article.
(4) Attorneys representing clients in quasi-judicial matters are not considered lobbyists or
engaged in lobbying since, as judicial officers, their conduct is regulated exclusively
by the judicial branch. However, attorneys representing clients or interests in
legislative matters, for compensation, are engaged in lobbying and are subject to the
provisions contained in this article.
Nominal commercial value means anything with a value of less than $50.00 in the
marketplace.
Principal shall mean the person, firm, corporation, or other entity that has employed or
retained a lobbyist.
Procurement employee means any county employee who actively participates through
decision, approval, disapproval, recommendation, preparation of any part of a purchase request,
influencing the content of any specification or procurement standard, rendering of advice,
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investigation, or auditing or in any other advisory capacity in the procurement of contractual
services or commodities.
Public official means members of the Board of County Commissioners, advisory board
members, and county managerial employees.
Public servant includes all public officials and all county employees, as defined in this article.
Relative, as used in this article, is one who is related to another by blood, marriage, or
adoption. The following relationships are included in this definition: husband, wife, parent, child,
brother, sister, grandparent, grandchild, uncle, aunt, nephew, niece, first cousin, father -in -law,
mother -in -law, son -in -law, daughter -in -law, brother -in -law, sister -in -law, stepfather, stepmother,
stepson, stepdaughter, stepbrother, stepsister, step grandparent, step grandchild, half brother, and
half sister.
Reporting individual means any public servant, who is required by law, pursuant to Article II,
Section 8 of the State Constitution or F.S. § 112.3145, to file full or limited public disclosure of his or
her financial interests or any individual who has been elected to, but has yet to officially assume the
responsibilities of, public office.
(Ord. No. 03 -53, § 5, 9- 23-03; Ord. No. 04-05, § 5; Ord. No. 2011 -15, § 1)
Sec. 2 -2056. - Standards of conduct.
(a) A public servant shall not accept a gift, directly or indirectly, if he or she knows or reasonably
should have known that it was given with the intent to reward or influence him or her in the
^ performance or nonperformance of his or her public duties.
(b) No public servant shall participate in the selection of a vendor or the approval of a contract if
that employee has received a gift, directly or indirectly, from someone representing the
vendor or a contracting party, including gifts from relatives. Furthermore, no public servant
shall participate in permitting or inspection decisions if that employee has received a gift from
the permit or inspection applicant/potential recipient or the applicantipotential recipient's
principal, including gifts from relatives.
(c) The following provisions regarding gifts from lobbyists are enacted as additional and more
stringent standards of conduct and disclosure requirements than those specified in F.S. §
112.3148:
(1) A reporting individual or procurement employee or any other person on his or her
behalf is prohibited from knowingly accepting, directly or indirectly, a gift from a
political committee or a committee of continuous existence, as defined in F.S. §
106.011, or from a lobbyist who lobbies the reporting individual's or procurement
employee's agency, or directly or indirectly on behalf of the partner, firm, employer, or
principal of a lobbyist. However, such a gift may be accepted by such person on
behalf of a governmental entity or a charitable organization. If the gift is accepted on
behalf of a governmental entity or charitable organization, the person receiving the gift
shall not maintain custody of the gift for any period of time beyond that reasonably
necessary to arrange for the transfer of custody and ownership of the gift.
(2) A political committee or a committee of continuous existence, as defined in F.S. §
106.011; a lobbyist who lobbies a reporting individual's or procurement employee's
agency; the partner, firm, employer or principal of a lobbyist; or another on behalf of
the lobbyist or partner, firm, principal, or employer of the lobbyist is prohibited from
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giving, either directly or indirectly, a gift to the reporting individual or procurement
employee or any other person on his or her behalf; however, such person may give a
gift to a reporting individual or procurement employee if the gift is intended to be
transferred to a governmental entity or a charitable organization.
(3) The prohibitions set forth in this Section 2 -2056 at subsections (c)(1) and (c)(2) above,
are not intended to and shall not prevent a reporting individual or procurement
employee who is a declared candidate for elective public office from accepting
campaign contributions to the extent allowed by state or federal law.
(d) The following gift prohibitions for public officials are enacted as additional and more stringent
standards of conduct than those specified F.S. § 112.3148:
(1) Public officials shall not solicit or accept, directly or indirectly, any fee, compensation,
gift, gratuity, favor, food, entertainment, loan, or any other thing of monetary value,
from anyone who the public official knows or reasonably should know:
a• Has, or is seeking to obtain, contractual or other business or financial relations
with the county department or board with which the public official is affiliated.
b• Conducts or represents a person or entity that conducts operations or activities
that are regulated by the county department or board with which the public
official is affiliated.
C. Is seeking zoning, permitting, or inspection approval from the county
department or board with which the public official is affiliated.
d• Has interests that may be substantially affected by the performance or non-
performance of duties of the county public official.
e. Is in any way attempting to affect the official actions of the county public official.
This paragraph is not intended to prohibit a public official from obtaining a loan from a ^,
financial institution at a rate and terms available to all other similarly situated members
of the public by virtue of occupation, affiliation, age, religion, sex, or national origin.
(e) No public official shall solicit a contribution from another person for a gift to an official
superior, make a donation as a gift to an official superior, or accept a gift from a subordinate
public official.
M No public servant shall solicit a contribution from another person for a gift to a supervisor,
make a donation as a gift to a supervisor, or accept a gift from an employee he or she
supervises, except as provided in subsection (g).
(9) Nothing in this section shall prohibit donations or giving gifts of nominal commercial value
made between or amongst public servants on a special occasion or an established holiday.
A special occasion, as contemplated in this section, includes those times when it has been
regarded as customary to give a gift, such as a birthday, a wedding, the birth of a child or a
grandchild, an adoption, a graduation, a promotion, permanent departure from the workplace
or community, hospitalization, the loss of a loved one, retirement, or other similar
occurrences. Nor does this paragraph prohibit public servants from participating in fund-
raising activities for charitable purposes.
(h) This section does not apply to items of value excepted out of the definition for a gift.
(Ord. No. 03 -53, § 6, 9- 23 -03; Ord. No. 0405, § 6)
Sec. 2 -2057. - Lobbyist registration and disclosure requirements.
(a) All lobbyists shall before engaging in any lobbying activities, register with the clerk to the
board located at the board minutes and records department. Every lobbyist required to so
register shall register quarterly on a calendar year basis on forms prepared by the clerk; pay
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an annual nonrefundable registration fee of $25.00; and state under oath or by written
declaration in accordance with F.S. § 92.525, his or her name, business name and address,
and the name and business address of each person or entity that has employed said
registrant to lobby, as of the date of said registration. If, subsequent to the registration, the
registrant ceases to act as a lobbyist, the registrant may file a request, on a form provided by
the clerk, to not be listed as a lobbyist. In the event that the registrant neither withdraws nor
re- registers, the registrant shall be placed on a 'lobbyist status unknown" list for a period of
12 months from the expiration of the quarterly registration.
(b) Quarterly registration shall be required and shall initially commence on April 2, 2007.
Thereafter, quarterly registration shall occur every three months. Quarterly registration is
required regardless of whether there is any change in employers of the lobbyist. The lobbyist
may indicate "no change" if appropriate. Initial registration by a lobbyist may occur at any
time during the calendar year provided that it occurs prior to the lobbyist engaging in any
lobbying activity.
(c) The registration fee required by this section shall be maintained by the clerk to the board and
shall be deposited into a separate fund to be expended for the purpose of administering and
maintaining the lobbyist registration list as well as to cover other related costs. Lobbyists
shall not be charged a fee for filing the form for removal from the lobbyist list.
(d) The following persons shall not be required to register as lobbyists:
(1) Any public officer, employee or appointee who appears in his or her official capacity.
(2) Law enforcement personnel conducting an investigation.
(3) Any person who only appears in his or her individual capacity for the purpose of self -
representation without compensation or reimbursement, whether direct, indirect or
^ contingent, to express support or opposition to any item.
(4) Any person who only appears as a representative of a neighborhood association
without special compensations or reimbursement for their appearance, whether direct,
indirect or contingent, to express support or opposition to any item.
(5) Attorneys representing clients before a quasi-judicial body.
(e) The clerk to the board shall keep accurate and complete records regarding lobbyist
registration including an up- to-date list of all lobbyist registrations, lobbyists withdrawals from
the list and a 'lobbyist status unknown" list.
M A registration form that is not renewed within 20 calendar days of the end of each quarter of
the calendar year, shall expire and may not thereafter be relied upon by the lobbyist for
lobbying activities. In such a case, the lobbyist must renew his or her registration and pay the
nonrefundable annual fee in order to continue engaging in lobbying activities.
(9) The validity of any action or determination of the board or of any county personnel, board or
committee, shall not be affected by failure of any lobbyist to comply with the provisions of this
section.
(h) All lobbyists shall disclose and make known the name or identity of the principal(s) by whom
they are employed whenever they engage in lobbying activities as such activities are defined
in this section.
(Ord. No. 03 -53, § 7, 9- 23 -03; Ord. No. 04-05, § 7; Ord. No. 2007 -24, § 1)
Sec. 2 -2058. - Post - employment restrictions.
(a) No county managerial employee shall personally represent another person or entity for
^ compensation before the Board of County Commissioners or any of its divisions,
departments, agencies, or boards for a period of two years following vacation of office,
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resignation of employment, or termination of employment, as applicable, except for the
purposes of collective bargaining.
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(b) For a period of two years following vacation of office, resignation of employment, or
termination of employment, as applicable, except for the purposes of collective bargaining,
no county employee shall personally represent another person or entity for compensation
before the Board of County Commissioners or any of its divisions, departments, agencies, or
boards on a matter in which he or she had material personal involvement during his or her
period of county employment.
(Ord. No. 03 -53, § 8, 9 -23 -03; Ord. No. 04-05, § 8)
Sec. 2 -2059. - Supplemental provisions.
This article sets forth more stringent supplemental standards of conduct in addition to the
requirements of F.S. ch. 112, pt. III, entitled "Code of Ethics for Public Officers and Employees ".
This article shall not be construed to authorize or permit any conduct or activity that is in violation of
F.S. ch. 112, pt. III. In the event of a conflict between the provisions of this article and F.S. ch. 112,
pt. III, the more restrictive /stringent provisions shall apply.
It shall be the duty of each commissioner and of all county managerial employees and
reporting individuals to become familiar with the Collier County Ethics Ordinance. To this end, the
human resources director shall annually distribute to each such person a current copy of the
"Florida Commission on Ethics Guide to the Sunshine Amendment and Code of Ethics for Public
Employees" (or similar Florida Commission on Ethics publication) and a copy of this article. The
specific duties set forth in this section of this article regarding familiarity with the ethics rules and
distribution of informative materials shall not be subject to the penalties set forth in this article.
(Ord. No. 03 -53, § 9, 9- 23 -03; Ord. No. 04-05, § 9)
Sec. 2 -2060. - Penalties.
Pursuant to F.S. § 125.69, a person who violates any provision of this Ordinance shall be
subject to prosecution in the name of the state in the manner as misdemeanors are prosecuted;
and, upon conviction, such person shall be punished by a fine not to exceed $500.00 or by
imprisonment in the Collier County Jail not to exceed 60 days or by both such fine and
imprisonment.
(Ord. No. 03 -53, § 10. 9- 23 -03; Ord. No. 04 -05, § 10)
FOOTNOTE(S):
(25) Editor's note— Ord. No. 2004 -05, §§ 1 -10, amended Art. X, §§ 2- 2051 -2 -2060, in its entirety. Formerly, said
article pertained to similar subject matter as enacted by Ord. No. 2003 -53. (Back)
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28D D Wednesday, May 1, 2013 70 NAPLES DAILY NEWS
NOTICE TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, May 14, 2013, in the Boardroom, 3rd Floor,
Administration Building, Collier County Government Center, 3299 East Tamiami
Trail, Naples, Florida, . the Board of County Commissioners will consider the
enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The
title of the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD., OF. ;.COUNTY ,COMMISSIONERS OF COLDER
COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2003 -53, AS AMENDED; THE
COLDER COUNTY ETHICS ORDINANCE, ;: BY AMENDING SECTION FIVE,
'DEFINITIONS,' SECTION SIX, "STANDARDS OF CONDUCT; "'AND .SECTION .NINE,
'SUPPLEMENTAL PROVISIONS," WHICH WILL AE RE- TITLEID TO 'INCORPORATION
OF STATE LAW BY GENERAL REFERENCE;' PROVIDING FOR CONFLICT -AND
SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE. OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. "
Copies of the proposed Ordinance are on file.with the Clerk to the Board and are
available for inspection. All interested parties are invited to attend and be heard.
NOTE:, All persons wishing to speak on any agenda item must register with the
County admimstratbr 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 Rem.
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
public hearing. In any case, written materials intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a 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
Department, located at 3335 Tamlami Trail, East, Suite #101,. Building W, Naples,
Florida , 34112, (239) 252 -8380. Assisted listening devices jor the hearing impaired
are available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER, ESQ, CHAIRWOMAN
DWIGHT E: BROCK, Cj.ERK
By: Teresa Cannon, Deputy Clerk
(SEAL) .
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