Agenda 07/28/2009 Item #17IAgenda Item No. 171
July 28, 2009
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EXECUTIVE SUMMARY
Recommendation that the Board approve an ordinance imposing civil fines and penalties
for the patently false reporting of violations of County and State laws to public officers and
law enforcement officers, which require the unnecessary exhaustion of public resources.
OBJECTIVE: That the Board of County Commissioners approve an ordinance imposing
civil fines and penalties for the patently false reporting of violations of Count;' and State laws to
public officers and law enforcement officers, which require the unnecessary exhaustion of public
resources.
CONSIDERATIONS: At the February 24, 2009, meeting of the Board of County
Commissioners, Michael Conway addressed the Board under Public Petition to seek a remedy
pertaining to harassing and unwarranted calls made by other citizens to the Collier County
Sheriff, Code Enforcement, Domestic Animal Services and similar County departments, which
unnecessarily burden those vital public service agencies. The Board directed the Office of the
County Attorney to work with the Sheriff and the County's internal departments to draft an
ordinance that would fine and deter persons who repeatedly falsely report violations of County
codes and State law.
Attached for the Board's consideration is an Ordinance that prohibits, prevents, and promotes the
abatement of nuisance conduct caused by the false reporting of violations of County ordinances
and State laws. The false reporting of violations unreasonably diverts vital and critical public
resources and prevents public officers and law enforcement officers from efficiently and
effectively enforcing the law. It is in the public interest for those who misuse such public
services to be fined by the County. By imposing and collecting nuisance service call fines from
the person(s) making patently false reports, the Ordinance, in part, serves as a cost recovery
mechanism to counter such abuse of public resources and to deter such future conduct.
Upon the first occurrence of a patently false report where a public or law enforcement officer has
been dispatched to private property on a nuisance service call, the complaining party shall be
issued a civil fine in the amount of 5500.00. A second violation of the ordinance carries a civil
fine in the amount of 51,000.00 and the complaining party is placed on a "Do Not Respond List"
for future non- emergeney reports to the County l'or a period of one year from the date of the
second patently false report violation. Any emergency calls for assistance from the complaining
party concerning matters involving public health, safety and /or welfare shall be responded to
regardless of any prior false reports by that individual. Persons cited for violating the ordinance
can appeal any fine imposed to the Special Magistrate.
This ordinance is being offered after input, consultation and approval xvith the counsel to the
Sheriff and the Directors of Collier County Code Enforcement and Domestic Animal Services.
FISCAL IMPACT: Any future fiscal impact resulting from the enactment of this Ordinance is
unknown and speculative but should be positive as a result of the collection of civil fines.
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GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office, is not quasi - judicial and requires no ex parse disclosure, requires only a
majority vote for approval, and is otherwise legally sufficient for Board action. —SRT
RECOMMENDATION: That the Board approve the attached ordinance imposing civil fines
and penalties for the patently false reporting of violations of County and State laws to public
officers and law enforcement officers.
Prepared By: Scott R. Teach, Deputy County Attorney
Attachments: Ordinance
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Agenda Item No. 171
July 28.. ?0C,9
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 171
Item Summary: Recommendation that t'rie Board approves an ordinance imposing civil fines and penalties for
the patently false reporting of violations of County and State laws to public officers and law
enforcement officers. which require the unnecessary exhaustion of public resources.
Meeting Date: 7/28/2009 9:00:00 AM
Prepared By
Scott R. 7cach
Assistant County Attornney
Date
County Attorney
County attorney Office
7/1012009 9:17:02 AM
Approved By
Jeff Klatzkow
County Attorney
Date
County Attorney
County Attorney Office
7/15/2009 5:26 PM
Approved By
OM3 Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
71/712009 42:54 PM
Approved By
Randy Greenwald
Managementi3udgetAnalyst
Date
County Manager's Office
Office of flianagement & Budget
7/1712009 4:36 PM
Approved By
Leo E. Ochs, Jr.
Deputy County Manager
Date
Board of County
Gcur•fy Crr"snagcr`s Office
7;4712 009 5:12 PiJi
Gornrnissionsrr
file: / /C:AA2endaTest \Exhort\ 133 -Jule %2028.% 202009 \17. %20SUMMARY ° /o20AGENDA \... 7/22/2009
j
ORDINANCE NO. 2009-
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
IMPOSING CIVIL FINES AND PENALTIES FOR THE
PATENTLY FALSE REPORTING OF VIOLATIONS OF COUNTY
AND STATE LAWNS TO PUBLIC OFFICERS AND LAW
ENFORCEMENT OFFICERS, WHICH REQUIRE THE
UiiiNEC ESSARY EXHAUSTION OF PUBLIC RESOURCES;
PROVIDING FOR THE FOLLOWING SECTIONS: PURPOSE;
AUTHORITY; DEFINITIONS; NOTICE OF CODE VIOLATIONS
AND APPEALS; PENALTIES, INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; CO_vFLICT AND SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of
counties to provide for the health, welfare and safety of existing and future residents of
the County; and
WHEREAS, the promotion of providing efficient use of public services and
resources by deterring false reports of unlawful conduct to County public officers and
law enforcement officers is i ?� the common interest ofthe citizens - this county and is a
subject appropriate for regulation; and
WHEREAS, in these difficult economic times where public budgets are
constrai„ed and personnel numbers reduced, it is appropriate to impose fines on those
persons who make unwarranted calls upon public officers and law enforcement officers,
which redirects those officers from responding to the legitimate needs of the public; and
WHEREAS, at the February 24, 2009, Board of County Commissioner's
meeting, the Board directed that an ordinance be prepared to fine and deter persons that
repeatedly contact public officers and law enforcement officers to investigate baseless
alleged violations of law without cause or justification, which results in the unnecessary
waste of public resources to the detriment of the entire taxpaying public; and
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
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SECTION ONE: PURPOSE
The purpose of this Ordinance is to prohibit, prevent, and abate nuisance conduct
caused by the false reporting of violations of County ordinances and State laws. The
false reporting of violations unreasonably diverts vital and critical public resources and
prevents public officers and law enforcement officers from efficiently and effectively
enforcing the law. It is in the public interest for those who misuse such public services to
be fined by the County. By imposing and collecting nuisance service call fines from the
person(s) making patently false reports, this Ordinance is intended as a cost recovery
mechanism to counter such abuse of public resources and to deter such future conduct.
This ordinance is not intended to constitute punishment separate from or in addition to
any criminal prosecution for the conduct underlying the false reporting. Nothing herein
is meant to limit constitutional rights under the federal or state constitution.
SECTION TWO: AUTHORITY
This Ordinance is adopted pursuant to the authority granted in Article VIII, § 1(f)
of the Florida Constitution and § 12.01, Fla. Stat.. The effective and efficient provision
of public services and the preservation of public resources are in the common interest of
the people of the county and are appropriate for regulation by Collier County. This
Ordinance is enacted for the purpose of holding those persons making false reports
individually responsible for the costs associated with investigating and responding to
such reports and to deter or prevent future false reports and the diversion of critically
important public resources.
SECTION THREE: DEFINITIONS
When used in this Ordinance, the following words, terms, and phrases shall have
the following meanings, unless the context clearly indicates otherwise:
1. False Report to Public Officer/Law Enforcement Officer. A patently false
report to any public officer /law enforcement officer that an alleged violation of a County
or State law has been committed, knowing that the conduct or conditions reported do not
constitute a violation of law or where the report is patently false and the intent is that a
public or law enforcement officer acts in reliance upon the report, which results in the
jily 4"" 2009
unwarranted expenditure of public resources. A patently false report is one in which the
reported violation by the Complaining Party is clearly non - existent and untrue on its face,
without the need for protracted investigation.
where:
Examples of patently false reports include but are not Iimited to instances
(a) A Complaining Party furnishes a public or law enforcement officer
with false, forged, fictitious or misleading verbal or written information during the course
of reporting a complaint.
(b) A Complaining Party summons as a joke, prank or otherwise,
without any good reason therefore, a public or law enforcement officer to respond to an
address where the basis of the matter complained about is false.
2 Public Officer. A public officer refers to any person authorized by Collier
County government to investigate and enforce the Collier County Code of Laws and
Ordinances and related provisions arising under State law. Such public officers shall
include but not be limited to: Code Enforcement Officers, Domestic Animal Services
Animal Control Officers, Building inspectors, and other such County officers authorized
to enforce State and local law.
3. Law Enforcement Officer. Law enforcement officer means any person
who is elected, appointed, or employed full time by any municipality or the State or any
political subdivision thereof; who is vested with authority to bear arms and make arrests;
and whose primary responsibility is the prevention and detection of crime or the
enforcement of the penal, criminal, traffic, or highway lags of the state as further defined
in § 943. 10, Fla. Srat.
4. Complaining Party. A Complaining Party is defined as an individual who
makes or submits a patently false report to a public officer or law enforcement officer,
which results in an unnecessary outlay of public resources.
5. Nuisance Service Call. A nuisance service call as defined in this
Ordinance is where a Complaining Party reports a patently false violation of County or
State law that necessitates a response by a public officer or a law enforcement officer.
6. Do Not Rcsnorul List. The Do Not Respond List is a list maintained by the
County containing the naives of Complaining Parties who have made two (2) patently
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false reports of violations of County or State law requiring a response by a public officer
or a law enforcement officer. A Complaining Party whose name appears on the Do Not
Respond List is identified so that for a period of one year from the date of their second
patently false report, no non - emergency public service will be provided in response to
future reports of violations of County or State law.
SECTION FOUR: NOTICE OF CODE VIOLATIONS AND APPEALS
1. issuance of notice of code violation: Public officers and law enforcement
officers may lawfully issue, or cause to be issued, notices of violations of this ordinance.
2. Contents of notice of code violation: The notice issued for the violation,
shall be by a standard form notice, which notice should include the following
information:
(a) The name and mailing address of the Complaining Party as of the
date the noticed ordinance violation was committed;
(b) Citation that this Ordinance was violated;
W (c) The date, time and specific location where the nuisance service call
originated and the address where the public /law enforcement officer responded;
(d) The monetary amount of the civil fine and the deadline date such
fine must actually be received by the County's Code Enforcement Department;
(e) The mailing address of the Code Enforcement Department to
which the fines must be delivered by or on behalf of the Complaining Party, and the
name of the payee to facilitate payment by money order, check or other negotiable
instrument;
(f) A statement of the 21 -day time limit within which the Complaining
Patty may file an appeal and a brief description of the appeal process; and
(g) A statement that if the Complaining Party fails to pay the civil fine
in full or fails to timely appeal the violation(s), the Complaining Party shall thereby be
deemed to: (1) have waived all rights to dispute that violation; (ii) to thereby admit the
violation, and (iii) failure to pay all applicable tines, and costs as applicable, can result in
loss of privileges and imposition of liens pursuant to this article.
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3. Delive7y of notice of code violation: The notice of code violation shall be
delivered to the Complaining Party's home mailing address by United States certified
mail, proper postage prepaid. The County shall have the right, but not any obligation, to
serve the notice by personal service upon the Complaining Party or may otherwise elect
to serve the Complaining Party by any other means then authorized by law.
4. Appeals to Special Magistrate:
(a) Upon receipt of a notice of code violation, the noticed
Complaining Party may contest the notice by filing an appeal that is actually received by
the County's Code Enforcement Department not later than 21 calendar days after the
Complaining Party received such notice. A Code Enforcement Department employee
shall note on the appeal the date and time of receipt of that appeal.
(b) The appeal must include the Complaining Party's name, mailing
address and phone number, and must state in clear, meaningful detail all grounds upon
which the violation is being contested by the appeal.
(c) The Code Enforcement Department shall promptly refer the appeal
to a Special Magistrate. The Special Magistrate shall endeavor to schedule the appeal
hearing within 64 days after the Special Magistrate's receipt of the appeal (provided the
appeal was actually received by the County's Code Enforcement Depaf«nert not later
than 21 days after the Complaining Party's receipt of the notice of code violation). The
Special Magistrate by order ma, sunnmarily dismiss the appeal with prejudice if the
appeal does not comply with any requirement listed in subsections (a) or (b), above.
(d) If upon appeal the noticed violation is not voided by order of the
Special Magistrate, the Complaining Party shall pay in full the civil fine, plus all costs
actually incurred by the County and/or Special Magistrate resulting from that appeal.
The civil fine and applicable incurred costs must be delivered in frill to the County's Code
Enforcement Department not later than 21 days after the Complaining Party's receipt of
the Special Magistrate's order that states the noticed code violation was not voided by the
Special Magistrate, and shall specify- the applicable civil fine, and applicable incurred
costs, if any. All of the Special Magistrate's orders, letters and other papers, etc., can be
mailed to the Complaining Party by ordinary U.S. mail, proper postage prepaid,
Agen a Item No. ' 31
July 28 20:10
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addressed to the Complaining Party's mailing address as listed in the Complaining Party's
appeal, which mailing shall be sufficient receipt by the Complaining Party.
SECTION FIVE: PENALTIES
1. I'iolations of this Ordinance shall be punished as follows:
(a) First Violation. Upon the first occurrence of a patently false report
under this Ordinance where a public or law enforcement officer has been dispatched to
private property on a nuisance service call, the Complaining Party shall be issued a civil
fine in the amount of $500.00. The fine imposed takes into consideration the gross
salaries, including all fringe benefits and overhead paid to the public or law enforcement
officers responding, the cost of all equipment, including vehicles, used in responding to
the nuisance service call, as well as, the impact upon the citizens of the County when
public or law enforcement officers are called away from their legitimate duties to respond
to nuisance service calls and the need to deter such conduct.
(b) Second Violation. Upon the second occurrence of a patently .false
report under this Ordinance where a public or law enforcement officer has been
dispatched to private property on a nuisance call, the Complaining Party shall be issued a
civil fine in the amount of $1,000.OU. The fine imposed takes into consideration the gross
salaries, including all fringe benefits and overhead paid to the public or law enforcement
officers responding, the cost of all equipment, including vehicles, used in responding to
the nuisance service call, as well as, the impact upon the citizens of the County when
public or law enforcement officers are repeatedly called away from their legitimate duties
to respond to nuisance service calls and the need to deter such conduct. The manner in
which the Complaining Party is notified of the civil fine shall be administered in the same
manner as that for committing a first violation under this Ordinance.
In addition to the civil fine, the Complaining Party shall be placed on a Do Not
Respond List for future non - emergency reports to the County for a period of one year
from the date of the second patently false report violation. Any emergency calls for
assistance from the Complaining Party concerning emergency matters involving public
health, safety and/or welfare shall be responded to regardless of any prior false reports by
that individual. Notwithstanding the foregoing, public or law enforcement officers may
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elect to investigate any and all such reports regardless of the fact that a Complaining
Party's name may appear on the Do Not Respond List.
The Complaining Party may appeal the imposition of the civil fine and placement
on the Do Not Respond List in the same manner provided for first violations of the
Ordinance. Interest at the then current statutory rate will accrue on the unpaid civil fine
from the date of issuance as allowed by law.
2. Oiher Remedies. In addition to the foregoing, any violation of this
Ordinance shall be deemed a nuisance per se, permitting the County, its officers, agents
or any private citizen to take such action in any court of competent jurisdiction to cause
the abatement of such nuisance, including injunctive relief.
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 `-article" or "section" or any other appropriate word.
SECTION SEVEN: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with anv 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. The application of this Ordinance
shall not prevent the County or the Collier County Sheriff from seeking injunctive relief,
any available criminal penalties or other appropriate civil remedies.
SECTION EIGHT: EFFECTIVE DATE
This Ordinance shall take effect upon filing with the Florida Department of State.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, on this 28th day of July, 2009.
ATTEST:
DWIGHT E. BROCK, Clerk
By:
DEPUTY CLERK
Approved as to form and
legal sufficiency:
Scott R. Teach,
Deputy County Attorney
Us- scc- oo5z6,5
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
BY:
DONNA FIALA, CHAIRMAN
43AtlIj XCIUs 2F
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County
Commissioners of Collier County will hold a public
hearing on Tuesday, July 28, 2009 in the Boardrroom,
3rd Floor, Admin iFtration Building, Collier County
Government Center, 3301 East Tamiaml Trail,
Naples, Florida. The meeting will begin at 9:00 A.M.
The title of the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COM-
MISSIONERS OF COLLIER COUNTY, FLORIDA,IMPO-
SING CIVIL FINES AND PENALTIES FOR THE PATENT-
LY FALSE REPORTING OF VIOLATIONS OF COUNTY
AND STATE LAWS TO PUBLIC OFFICERS AND LAW
ENFORCEMENT OFFICERS, WHICH REQUIRE THE UN-
NECESSARY EXHAUSTION OF PUBLIC RESOURCES;
PROVIDING FOR THE FOLLOWING SECTIONS: PUR-
POSE; AUTHORITY; DEFINITIONS; NOTICE OF CODE
VIOLATIONS AND APPEALS; PENALTIES; INCLUSION
IN THE CODE OF LAWS AND ORDINANCES; CONFLICT
AND SEVERABILITY; AND PROVIDING FOR AN EFFEC-
TIVE DATE..
NOTE: All Persons wishing to speak on any agenda
item must register with the County Administrator
prior to presentation of the agenda item to be ad-
dressed. Individual speakers will be limited to 5
minutes on any item. The selection of an individual
to speak on behalf of an organization or group is
encouraged. If recognized by the Chair, a spokes-
person for a group or organization may be allotted
10 minutes to speak on an Item.
Persons wishing to have written or graphic materi-
als included in the Board agenda packets must
submit said material a minimum of 3 weeks prior to
the respective public hearing. In an case, written
materials intended to . be considered y by the Board
shall be submitted to the appropriate County staff
a minimum of seven days prior to the public hear-
ing. 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 en-
sure that a verbatim record of the proceedings is
���ade, 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 pro-
ceeding; you are entitied, at no cost to you, to the
provision of certain assistance. Please contact the
Collier County Facilities Management Department,
located at 3301 Tamiaml Trail East, Building W,
Naples, Florida 34112, (234) 252 -8380. Assisted lis-
tening devices for the hearing impaired are avail-
able in the County Commissioners` Office.
BOARD OF COUNTY COMMISSIONERS `
COLLIER COUNTY, FLORIDA
DONNA FIALA. CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Polaski, Deputy Clerk
(SEAL)
'Ulv 17.200? iJOi80Rt 1
Friday, July 17, 2009
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