Ordinance 2020-008 ORDINANCE NO. 2020 - 08
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2013-25,
AS AMENDED, THE COLLIER COUNTY HEARING EXAMINER
ORDINANCE, BY AMENDING SECTION FIVE, POWERS AND DUTIES
OF THE HEARING EXAMINER, AND ADDING A NEW SECTION NINE,
CONDUCT OF HEARING EXAMINER; PROVIDING FOR CONFLICT
AND SEVERABILITY, PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the 1967 Collier County Special Act (Laws of Fla. ch. 67-1246, as amended
by Laws of Fla. ch. 2001-344), specifically authorizes the Board of County Commissioners to
implement a county hearing examiner program by county ordinance; and
WHEREAS, the Collier County Land Development Code Sec. 8.02.01.0 provides that in
addition to any authority granted to the Board of County Commissioners by general or special law,
the Board of County Commissioners(BCC)shall have the power"to designate and appoint hearing
officers to make decisions as the BCC may deem appropriate."
WHEREAS, on March 26, 2013, the Board of County Commissioners adopted Ordinance
No. 2013-25,the Collier County Hearing Examiner Ordinance,which established the Office of the
Hearing Examiner under the terms and conditions outlined in the Ordinance; and
WHEREAS, Ordinance No. 2013-25 was subsequently amended by the adoption of
Ordinance No. 2013-59; and
WHEREAS,the Board of County Commissioners wishes to further amend Ordinance No.
2013-25, as amended, in order to revise the powers and duties of the Hearing Examiner and
establish directives regarding the conduct of the Hearing Examiner.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that:
SECTION ONE: Amendment to Section Five of Ordinance No. 2013-25, as amended.
Section Five of Ordinance No. 2013-25, as amended, is hereby amended as follows:
SECTION FIVE: Powers and Duties of the Hearing Examiner.
Words Underlined are added;Words Struck—Through are deleted.
Page 1 of 5
The Hearing Examiner shall have the following powers and duties:
1. Appeals of Administrative Decision or Interpretation. All type III appeals of
administrative decisions or interpretations, as set forth in LDC Section 10.04.04, shall be heard
by the Hearing Examiner. All appeals and staff response to such appeals must substantially
conform to the Rules of Procedure. In reaching his decision, the Hearing Examiner must
consider:
a. The criteria for the type of application being requested;
b. Testimony from the applicant; and
c. Testimony from any members of the public.
2. Variances. The Hearing Examiner will hear and decide all requests for variances from
the terms of the regulations or restrictions of the zoning code and such other codes or ordinances
as may be assigned to him by the Board of County Commissioners. In reaching his decision,
the Hearing Examiner must consider:
a. The criteria for the type of variance being requested, in particular those set forth in
LDC Section 9.04.03;
b. Staff recommendations;
c. Testimony from the applicant; and
d. Testimony from the public.
Before granting any variance, the Hearing Examiner must make a finding with respect to
each of the criteria set forth in LDC Section 9.04.03, and with respect to sign variances, LDC
Section 5.06.08. The Hearing Examiner has the same authority as the Board of Zoning Appeals
to grant, deny, or modify any request for a variance from the regulations or restrictions of this
Code, or to attach conditions and requirements necessary for the protection of the health, safety,
comfort, convenience and welfare of the general public. The conditions or requirements must be
reasonably related to the variance requested and conform to the requirements of the LDC.
3. Conditional Uses. The Hearing Examiner will hear and decide all requests for minor
conditional uses. For purposes of this section, a minor conditional use is one which does not
require Environmental Advisory Council review and which is not a case of great public interest
or concern as determined in the discretion of the Hearing Examiner. However, the
Commissioner of the District in which the proposed minor conditional use is located may direct
that the minor conditional use be heard by the Planning Commission in an advisory capacity
and then Board of Zoning Appeals for final action. In reaching his decision, the Hearing
Examiner must consider:
a. The factors and criteria set forth in LDC Subsection 10.08.00.D;
b. The relevant matters set forth in an applicant's written petition;
c. The testimony of any applicant or agent;
d. The recommendation of staff; and
e. The testimony of the public.
Words Underlined are added;Words StFuek—Thretgh are deleted.
Page 2 of 5
As part of his decision, the Hearing Examiner must make the findings required by LDC
Subsection 10.08.00.D, and may place appropriate conditions and safeguards as set forth in LDC
Subsection 10.08.00.E.
4. Boat Lift Canopies and Dock Facility Extensions. The Hearing Examiner shall hear all
petitions for a boat lift canopy and dock facility extensions as provided for in LDC Subsections
5.03.06.G and H.
5. Additional Duties. To the extent his schedule permits,the Hearing Examiner will make
Commissioners, any individual Commissioner, the County Manager or the County Attorney,
come before, the Hearing Examiner.
5. The Board of County Commissioners, by majority vote, may remand any advertised
public hearing involving a development order to the Hearing Examiner for the sole purpose of
opining on a legal or technical land use issue raised during the hearing. After reviewing the
matter utilizing any procedure the Hearing Examiner deems appropriate,which may or may not
include an advertised public hearing, the Hearing Examiner will issue a non-binding
recommendation to the Board with respect to the issue remanded, which recommendation will
become part of the record when the matter is again heard by the Board.
6. Recusal of Hearing Examiner. The Hearing Examiner shall disqualify himself from a
particular case when he reasonably perceives that he has a real or perceived conflict of interest,
or that the case is one of great public interest or concern. When the Hearing Examiner
disqualifies himself,the matter shall be heard by the Collier County Planning Commission, the
the established procedures set forth in the Collier County Land Development Code as if there
were no Hearing Examiner.
7 6. To the extent authorized by law, by Resolution of the Board of County Commissioners,
the Hearing Examiner may be assigned any and all other powers and duties that have previously
been granted to the Collier County Planning Commission or the Board of Zoning Appeals,
expressly excepting those powers reserved to the Collier County Planning Commission as the
local planning agency (LPA), and land development regulation commission as required by F.S.
§§ 163.3174 and 163.3194. All powers and duties expressly granted to the Hearing Examiner,
either by this ordinance or through future resolutions, preempt the Collier County Planning
Commission, or the Board of Zoning Appeals, as the case may be, with respect to the
established procedures set forth in the Collier County Land Development Code.
SECTION TWO: Addition of Section Nine to Ordinance No. 2013-25,as amended.
The new Section Nine of Ordinance No. 2013-25, as amended, shall read as follows:
Words Underlined are added;Words Through are deleted.
Page 3 of 5
SECTION NINE: Conduct of Hearing Examiner.
A Hearing Examiner shall:
a. Avoid impropriety and the appearance of impropriety in all of the Hearing
Examiner's activities.
b. Perform the duties of the Hearing Examiner impartially and diligently.
c. Regulate outside activities to minimize the risk of conflict with the duties of the
Hearing Examiner.
d. Conduct themselves in a manner that does not give the appearance of influence or
impropriety.
e. Refrain from inappropriate political activity.
f. Not simultaneously serve on any Collier County advisory committee that reviews
and makes recommendations on matters related to land use, zoning, or permitting
of construction.
SECTION THREE: 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 FOUR: 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 FIVE: Effective Date.
This Ordinance shall become effective upon receipt of notice from the Secretary of State
that this Ordinance has been filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 0201 day of Ft.bra.QC y , 2020.
Words Underlined are added;Words StfuelE-ThTeagh are deleted.
Page 4 of 5
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA
By: &.(44 LQJp tom• By: it4e,/..,,eee.,...0.-.
Attest'
a90 011aitputt' Clerk BURT L. SAUNDERS, CHAIRMAN
signature only.,
Appro'-d : o orm and legality:
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Jeffrey l‘ . ' atzkow
Coun : A . ey
This ordinance filed
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Words Underlined are added;Words Struck r rou"h are deleted.
Page 5 of 5
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
March 3, 2020
Ms. Ann P. Jennejohn, BMR Senior Deputy Clerk
Office of the Clerk of the Circuit Court
&Comptroller of Collier County
3299 Tamiami Trail, Suite#401
Naples,Florida 34112-5324
Dear Ms. Jennejohn:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2020-08, which was filed in this office on March 2, 2020.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/Ib
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us