Ordinance 2021-46 ORDINANCE NO. 21- 46
AN ORDINANCE AMENDING ORDINANCE 89-05, AS
AMENDED, THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN OF THE UNINCORPORATED AREA OF
COLLIER COUNTY FLORIDA, ADOPTING A COUNTY-
INITIATED AMENDMENT TO THE COLLIER COUNTY
GROWTH MANAGEMENT PLAN TO CREATE THE PRIVATE
PROPERTY RIGHTS ELEMENT AS REQUIRED BY STATE
LAW; AND FURTHERMORE DIRECTING TRANSMITTAL OF
THE ADOPTED AMENDMENT TO THE FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE. [PL20210001793]
WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the
Community Planning Act, formerly the Florida Local Government Comprehensive Planning and
Land Development Regulation Act, was required to prepare and adopt a comprehensive plan;
and
WHEREAS, the Collier County Board of County Commissioners adopted the Collier
County Growth Management Plan on January 10, 1989; and
WHEREAS, the Community Planning Act of 2011 provides authority for local
governments to amend their respective comprehensive plans and outlines certain procedures to
amend adopted comprehensive plans; and
WHEREAS, staff has prepared an amendment to the Collier County Growth
Management Plan to create the Private Property Rights Element as required by state law; and
WHEREAS, Collier County transmitted the Growth Management Plan amendment to the
Department of Economic Opportunity for preliminary review on September 24, 2021, after
public hearings before the Collier County Planning Commission and the Board of County
Commissioners; and
WHEREAS, the Department of Economic Opportunity reviewed the amendment to the
Growth Management Plan and transmitted its comments in writing to Collier County within the
time provided by law; and
WHEREAS, Collier County has 180 days from receipt of the Comments Report from the
Department of Economic Opportunity to adopt, adopt with changes or not adopt the proposed
amendment to the Growth Management Plan; and
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WHEREAS, Collier County has gathered and considered additional information, data and
analysis supporting adoption of this amendment, including the following: the Collier County
Staff Report, the documents entitled Collier County Growth Management Plan Amendment and
other documents, testimony and information presented and made a part of the record at the public
hearings of the Collier County Planning Commission held on November 4, 2021, and the Collier
County Board of County Commissioners held on December 14, 2021; and
WHEREAS, all applicable substantive and procedural requirements of the law have been
met.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: ADOPTION OF AMENDMENT TO THE COLLIER COUNTY
GROWTH MANAGEMENT PLAN TO CREATE THE PRIVATE
PROPERTY RIGHTS ELEMENT
The amendment to the Collier County Growth Management Plan, attached hereto as
Exhibit "A" and incorporated herein by reference, is hereby adopted in accordance with Section
163.3184, Florida Statutes, and shall be transmitted to the Florida Department of Economic
Opportunity.
SECTION TWO: SEVERABILITY.
If any phrase or portion of this 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 THREE: EFFECTIVE DATE.
The effective date of this plan amendment, if the amendment is not timely challenged,
shall be 31 days after the state land planning agency notifies the local government that the plan
amendment package is complete. If timely challenged, this amendment shall become effective
on the date the state land planning agency or the Administration Commission enters a final order
determining this adopted amendment to be in compliance. No development orders, development
permits, or land uses dependent on this amendment may be issued or commenced before it has
become effective.
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PASSED AND DLY ADOPTED by the Board of County Commissioners of Collier
County, Florida this / ay of .b e c e,-yl b-p_ r , 2021.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIE C TY, FLORIDA
By: BY:
Deput le Penny T or, Chairm
Attest as to Chairman's
signature onv.`
Ap roved as to form and legality:
d, eui,k
H idi Ashton-Cicko °
Managing Assistant County Attorney
Attachment: Exhibit A—Private Property Rights Element
This ordinnrsce filed With the
Secretary of Stote's Office
e
day of Ch^___..0!and acknowledgement it that
filing received this y
of 6�r 0
By esourt
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Staff Proposed Amendment PL20210001793
EXHIBIT A
PRIVATE PROPERTY RIGHTS ELEMENT
GOAL, OBJECTIVES AND POLICIES
GOAL:
TO ENSURE PRIVATE PROPERTY RIGHTS ARE CONSIDERED IN LOCAL DECISION
MAKING.
OBJECTIVE 1:
Collier County will respect judicially acknowledged and constitutionally protected private
property rights by considering private property rights in local decision making.
Policy 1.1:
Collier County will support the right of a property owner to physically possess and control his or
her interests in the property, including easements, leases, or mineral rights.
Policy 1.2:
Collier County will support the right of a property owner to use, maintain, develop, and improve
his or her property for personal use or for the use of any other person, subject to state law and
local ordinances.
Policy 1.3:
Collier County will support the right of the property owner to privacy and to exclude others from
the property to protect the owner's possessions and property.
Policy 1.4:
Collier County will support the right of a property owner to dispose of his or her property through
sale or gift.
Text underlined is added; text struck through is deleted
07/20/2021 CCPC Transmittal Hearing Page 1 of 1
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1,
FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
December 17, 2021
Ms. Martha S. Vergara, Board Minutes & Records Dept.
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, Florida 34112
Dear Ms. Vergara:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 21-46, which was filed in this office on December 16,
2021.
Sincerely,
Anya Owens
Program Administrator
AO/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270