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Agenda 01/27/2026 Item #17B (Ordinance - Amending the Collier County Land Development Code related to Floating Solar Facilities as a land use)1/27/2026 Item # 17.B ID# 2025-4722 Executive Summary Recommendation to adopt an Ordinance amending the Collier County Land Development Code related to Floating Solar Facilities as a land use. [PL20250000235] (First of two hearings) OBJECTIVE: To conduct the first of two hearings for an Ordinance amending the Collier County Land Development Code related to Floating Solar Facilities as a land use. [PL20250000235] (First of two hearings). CONSIDERATIONS: On June 24, 2025, the Board directed staff to advertise Floating Solar Facilities as a permitted use by right in the Public Use (P) District and by conditional use request in all other zoning districts except for Residential, Travel Trailer-Recreational Vehicle Campground (TTRVC) and Estates (E) districts. After the hearing, staff met with Miami-Dade County’s staff regarding Miami International Airport-Blue Lagoon's operational floating solar facility. Staff received supportive information to justify the need for a water quality control survey, long-term water quality monitoring, limiting the water surface coverage area, the importance of littoral zones, and to restrict placement over potable well field protection areas. Additionally, House Bill 193 and Senate Bill 200-Utilities, were filed on October 15, 2025 with the Florida legislature. If the bill in its present form is approved, it will authorize counties to adopt an ordinance for the decommissioning of solar facilities and require financial assurance from a solar facility owner. Most recently, Florida Power and Light’s privately initiated Solar Facility and Electric Substation's land development code amendment has been withdrawn—indefinitely and a definition for a solar facility that mirrors F.S.163.3205 (2) is proposed with the amendment. The aforementioned above have necessitated additional textual changes to the amendment which have been incorporated. Subsequently, the proposed changes and revised requirements are being brought back for reconsideration and further discussion by the Board in the first of two advertised public hearings. Because this LDC amendment includes a proposed change to the list of actual and permitted and conditional uses of land within a zoning category, LDC section 10.03.06 K requires two Board hearings, with at least one hearing held after 5:00 p.m. on a weekday. On January 13, 2025, the Board directed staff to waive the nighttime hearing requirement and to hold two regularly scheduled daytime hearings and advertise the Ordinance. This Board's meeting represents the first of two meetings to review the draft Ordinance. The second Board meeting is anticipated for February 24, 2026. DSAC-LDR RECOMMENDATION: On March 18, 2025, the subcommittee recommended approval with the following changes: reword “Gulf of Mexico” to “Gulf of America”, require the permitted use in Agriculture zoning district to state “to be subject to requirements of LDC section 5.03.08”, consider adding residential zoning districts for approval through the conditional use process, strike number eight the requirement for fencing, add text that address operations, maintenance and emergency repairs in addition to the deployment and installation plan, and create a new subsection “B” that will allow an applicant to request waivers through the conditional use process. DSAC RECOMMENDATION: On April 02, 2025, the committee members voted (9 to 5) to recommend approval subject to defining the term “minimal” impact to natural resources and water quality, adding to LDC section 5.03.08 A. number nine, text that the proposed facilities do not create a hazard to aircraft control from reflective glare and include DSAC-LDR Subcommittee’s recommendations. Staff incorporated the changes at that time. PLANNING COMMISSION RECOMMENDATION: On June 24, 2025, the Board directed staff to advertise Floating Solar Facilities as a permitted use by right in the Public Use District (PU) and then all other requests, whether principal or accessory use, require conditional use review except for Residential, Travel Trailer-Recreational Campground (TTRVC) and Estates (E) zoning districts. Given the Board’s direction on June 24, 2025, the Planning Commission on December 04, 2025, voted unanimously, during a nighttime hearing, to approve the revised Land Development Code amendment textual changes and requirements for the location, placement and siting of floating solar facilities. Exhibit "G" has been updated to identify nine out of 13 other Florida floating solar facilities that are operating on a not-for-profit basis. Additionally, the Planning Commission unanimously consented to recommend the Board direct staff to prepare and publicly vet a future LDC amendment for ground-mounted solar facilities as a permitted use in compliance with F.S. 163.3205 (3), which states "A solar facility shall be a permitted use in all agricultural land use categories in a local government comprehensive plan and all agricultural zoning districts within an unincorporated area...". Page 5212 of 5261 1/27/2026 Item # 17.B ID# 2025-4722 This item is consistent with the Collier County Strategic Plan objective to plan and build public infrastructure and facilities to effectively, efficiently, and sustainably meet the needs of our community. FISCAL IMPACT: The costs associated with processing and advertising the proposed LDC amendment are estimated at $50.00. Funds have been allocated within the Unincorporated Area General Fund (1011) and Comprehensive Planning Cost Center (138317). GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and it requires an affirmative vote of four for approval.—HFAC RECOMMENDATION(S): To adopt the proposed Ordinance amending the Collier County Land Development Code to allow Floating Solar Facilities as a permitted use by right in the Public Use (P) District and by conditional use request in all other zoning districts except for Residential, Travel Trailer-Recreational Vehicle Campground (TTRVC) and Estates (E) districts. PREPARED BY: Richard P. Henderlong, Planner III, LDC section, Zoning Division ATTACHMENTS: 1. Ordinance - PL20250000235 Floating Solar Facilities - 12.10.25 2. PL20250000235 Floating Solar Facilities - BCC (12-05-25) 3. legal ad - agenda ID 25-4722 - Floating Solar Facilities LDCA-PL20250000235 1st hearing - 1.27.26 BCC Page 5213 of 5261 DRAFT 12/10/25 [25-LDS-00344/1989786/1]86 12/10/25 PL20250000235 Floating Solar Facilities Page 1 of 15 Words struck through are deleted, words underlined are added ORDINANCE NO. 26 – ___ AN ORDINANCE AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO ADD A FLOATING SOLAR FACILITY AS A PERMITTED USE IN CERTAIN NON-RESIDENTIAL ZONING DISTRICTS AND TO ESTABLISH REGULATIONS FOR FLOATING SOLAR FACILITIES, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER ONE – GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER TWO – ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.01 AGRICULTURAL DISTRICTS, SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS, SECTION 2.03.04 INDUSTRIAL ZONING DISTRICTS, SECTION 2.03.05 CIVIC AND INSTITUTIONAL ZONING DISTRICTS; CHAPTER FIVE – SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, BY ADDING A NEW SECTION 5.05.17 FLOATING SOLAR FACILITIES; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. (PL20250000235) Recitals WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which was subsequently amended; and WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and Page 5214 of 5261 DRAFT 12/10/25 [25-LDS-00344/1989786/1]86 12/10/25 PL20250000235 Floating Solar Facilities Page 2 of 15 Words struck through are deleted, words underlined are added WHEREAS, the Collier County Planning Commission, sitting as the land planning agency, did hold an advertised public hearing on December 4, 2025, and reviewed the proposed amendments for consistency with the Comprehensive Plan and did recommend approval; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold an advertised public hearing on ____________, 2026, and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, this ordinance is adopted in compliance with and pursuant to the Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. Art. VIII, § 1(g); and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community Planning Act (herein after the “Act”), is required to prepare and adopt a comprehensive plan. 2. After adoption of the Comprehensive Plan, the Act and in particular § 163.3202(1). F.S., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated Page 5215 of 5261 DRAFT 12/10/25 [25-LDS-00344/1989786/1]86 12/10/25 PL20250000235 Floating Solar Facilities Page 3 of 15 Words struck through are deleted, words underlined are added area shall be based on, be related to, and be a means of implementation for, the adopted comprehensive plan. 4. Section 163.3194(1)(b), F.S., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted comprehensive plan, or element or portion thereof, and any land regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. 5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the “Growth Management Plan” or “GMP”) as its comprehensive plan pursuant to the requirements of § 163.3161 et seq., F.S. 7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such comprehensive plan or element shall be consistent with such comprehensive plan or element as adopted. 8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991. The Land Development Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; to encourage the most appropriate use of land, water and resources consistent with the public interest; to overcome present handicaps; and to deal effectively with future problems that may result from Page 5216 of 5261 DRAFT 12/10/25 [25-LDS-00344/1989786/1]86 12/10/25 PL20250000235 Floating Solar Facilities Page 4 of 15 Words struck through are deleted, words underlined are added the use and development of land within the total unincorporated area of Collier County and it is intended that this Land Development Code preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience and general welfare of Collier County; to prevent the overcrowding of land and avoid the undue concentration of population; to facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing and other requirements and services; to conserve, develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect human, environmental, social and economic resources; and to maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE * * * * * * * * * * * * * SUBSECTION 3.A. AMENDMENTS TO SECTION 1.08.02 DEFINITIONS Section 1.08.02 Definitions, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Section 1.08.02 Definitions * * * * * * * * * * * * Fire station services, ancillary: Fire protection activities imperative to carry out the purposes of a government establishment primarily engaged in firefighting, such as fire training camps, but which is not required to be located at a fire station for that fire station to serve its function. However, services designed to repair any firefighting equipment is not an ancillary fire station service. Floating solar facility: A solar facility as defined in Section 163.32051(2), Florida Statutes, as amended, which is located on wastewater treatment ponds, abandoned limerock mine areas, stormwater treatment ponds, reclaimed water ponds, or other water storage reservoirs. A solar floating facility does not require any significant modification of drainage, flora or fauna, littoral zone and dissolved oxygen for aquatic species survival at the site. Page 5217 of 5261 DRAFT 12/10/25 [25-LDS-00344/1989786/1]86 12/10/25 PL20250000235 Floating Solar Facilities Page 5 of 15 Words struck through are deleted, words underlined are added Flood: A general and temporary condition of partial or complete inundation of normally dry land area from the overflow of inland or tidal waters or the unusual and rapid accumulation or runoff of surface waters from any source. * * * * * * * * * * * * Sidewalk: That portion of a right-of-way or cross or crosswalk, paved or otherwise surfaced, intended for pedestrian use and also bicycle use. (See Chapters 4 and 10) Solar facility: A production facility for electric power as defined in Section 163.3205(2), Florida Statutes, which: a. Uses photovoltaic modules to convert solar energy to electricity that may be stored on site, delivered to a transmission system, and consumed primarily offsite; and b. Consists principally of photovoltaic modules, a mounting or racking system, power inverters, transformers, collection systems, battery systems, fire suppression equipment, and associated components; and c. May include accessory administration or maintenance buildings, electric transmission lines, substations, energy storage equipment, and related accessory uses and structures. Solid waste: Garbage, refuse, yard trash, clean debris, white goods, special waste, ashes, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. * * * * * * * * * * * * * SUBSECTION 3.B. AMENDMENTS TO SECTION 2.03.01 AGRICULTURAL DISTRICTS Section 2.03.01 Agricultural Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Section 2.03.01 Agricultural Districts A. Rural Agricultural District (A). The purpose and intent of the rural agricultural district (A) is to provide lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural, agricultural related activities and facilities, support facilities related to agricultural needs, and conservation uses. Uses that are considered compatible to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wildlife resources of the County, are permissible as conditional uses in the A district. The A district corresponds to and implements the Agricultural/Rural land use designation on the future land use map of the Collier County GMP, and in some instances, may occur in the designated urban area. The maximum density permissible in the rural agricultural district within the urban mixed-use district shall be guided, in part, by the density rating system contained in the future land use element of the GMP. The maximum density permissible or permitted in district A shall not exceed the density Page 5218 of 5261 DRAFT 12/10/25 [25-LDS-00344/1989786/1]86 12/10/25 PL20250000235 Floating Solar Facilities Page 6 of 15 Words struck through are deleted, words underlined are added permissible under the density rating system. The maximum density permissible in the A district within the agricultural/rural district of the future land use element of the Collier County GMP shall be consistent with and not exceed the density permissible or permitted under the agricultural/rural district of the future land use element. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the rural agricultural district (A). * * * * * * * * * * * * * c. Conditional uses. The following uses are permitted as conditional uses in the rural agricultural district (A), subject to the standards and procedures established in LDC section 10.08.00 and the Administrative Code. * * * * * * * * * * * * * 27. Ancillary plants. 28. Floating solar facility, subject to LDC section 5.05.17. * * * * * * * * * * * * SUBSECTION 3.C. AMENDMENTS TO SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS Section 2.03.03 Commercial Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Section 2.03.03 Commercial Zoning Districts A. Commercial Professional and General Office District (C-1). The purpose and intent of the commercial professional and general office district C-1 is to allow a concentration of office type buildings and land uses that are most compatible with, and located near, residential areas. Most C-1 commercial, professional, and general office districts are contiguous to, or when within a PUD, will be placed in close proximity to residential areas, and, therefore, serve as a transitional zoning district between residential areas and higher intensity commercial zoning districts. The type of office uses permitted are those that do not have high traffic volumes throughout the day, which extend into the evening hours. They will have morning and evening short-term peak conditions. The market support for these office uses should be those with a localized basis of market support as opposed to office functions requiring inter-jurisdictional and regional market support. Because office functions have significant employment characteristics, which are compounded when aggregations occur, certain personal service uses shall be permitted, to provide a convenience to office-based employment. Such convenience commercial uses shall be made an integral part of an office building as opposed to the singular use of a building. Housing may also be a component of this district as provided for through conditional use approval. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the C-1 commercial professional and general office district. Page 5219 of 5261 DRAFT 12/10/25 [25-LDS-00344/1989786/1]86 12/10/25 PL20250000235 Floating Solar Facilities Page 7 of 15 Words struck through are deleted, words underlined are added * * * * * * * * * * * * * c. Conditional uses. The following uses are permissible as conditional uses in the (C-1) commercial professional and general office district, subject to the standards and procedures established in LDC section 10.08.00. * * * * * * * * * * * * * 15. Veterinary services (0742, excluding outdoor kenneling). 16. Floating solar facility, subject to LDC section 5.05.17. * * * * * * * * * * * * B. Commercial Convenience District (C-2). The purpose and intent of the commercial convenience district (C-2) is to provide lands where commercial establishments may be located to provide the small-scale shopping and personal needs of the surrounding residential land uses within convenient travel distance except to the extent that office uses carried forward from the C-1 district will expand the traditional neighborhood size. However, the intent of this district is that retail and service uses be of a nature that can be economically supported by the immediate residential environs. Therefore, the uses should allow for goods and services that households require on a daily basis, as opposed to those goods and services that households seek for the most favorable economic price and, therefore, require much larger trade areas. It is intended that the C-2 district implements the Collier County GMP within those areas designated agricultural/rural; estates neighborhood center district of the Golden Gate Master Plan; the neighborhood center district of the Immokalee Master Plan; and the urban mixed use district of the future land use element permitted in accordance with the locational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C-2 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the C-2 commercial convenience district. * * * * * * * * * * * * * c. Conditional uses. The following uses are permissible as conditional uses in the commercial convenience district (C-2), subject to the standards and procedures established in LDC section 10.08.00. * * * * * * * * * * * * * 2. Educational services (8211, 8222). 3. Floating solar facility, subject to LDC section 5.05.17. 3 4. Homeless shelters. Page 5220 of 5261 DRAFT 12/10/25 [25-LDS-00344/1989786/1]86 12/10/25 PL20250000235 Floating Solar Facilities Page 8 of 15 Words struck through are deleted, words underlined are added {remainder of list to be renumbered} * * * * * * * * * * * * C. Commercial Intermediate District (C-3). The purpose and intent of the commercial intermediate district (C-3) is to provide for a wider variety of goods and services intended for areas expected to receive a higher degree of automobile traffic. The type and variety of goods and services are those that provide an opportunity for comparison shopping, have a trade area consisting of several neighborhoods, and are preferably located at the intersection of two-arterial level streets. Most activity centers meet this standard. This district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning districts typically aggregated in planned shopping centers. This district is not intended to permit wholesaling type of uses, or land uses that have associated with them the need for outdoor storage of equipment and merchandise. A mixed-use project containing a residential component is permitted in this district subject to the criteria established herein. The C-3 district is permitted in accordance with the locational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C-3 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the C-3 district shall not exceed the density permissible under the density rating system. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the commercial intermediate district (C-3). * * * * * * * * * * * * * c. Conditional uses. The following uses are permissible as conditional uses in the commercial intermediate district (C-3), subject to the standards and procedures established in LDC sections 4.02.02 and 10.08.00. * * * * * * * * * * * * * 9. Fire protection (9224). 10. Floating solar facility, subject to LDC section 5.05.17. 10 11. Food stores with greater than 5,000 square feet of gross floor area in the principal structure (groups 5411—5499). {remainder of list to be renumbered} * * * * * * * * * * * * D. General Commercial District (C-4). The general commercial district (C-4) is intended to provide for those types of land uses that attract large segments of the population at the same time by virtue of scale, coupled with the type of activity. The purpose and intent of the C-4 district is to provide the opportunity for the most diverse types of commercial activities delivering goods and services, including entertainment and recreational attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses Page 5221 of 5261 DRAFT 12/10/25 [25-LDS-00344/1989786/1]86 12/10/25 PL20250000235 Floating Solar Facilities Page 9 of 15 Words struck through are deleted, words underlined are added permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The outside storage of merchandise and equipment is prohibited, except to the extent that it is associated with commercial activity conducted on-site such as, but not limited to, automobile sales, marine vessels, and the renting and leasing of equipment. Activity centers are suitable locations for the uses permitted by the C-4 district because most activity centers are located at the intersection of arterial roads. Therefore, the uses in the C-4 district can most be sustained by the transportation network of major roads. The C-4 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. 1. The following uses, as defined with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the general commercial district (C-4). * * * * * * * * * * * * * c. Conditional uses. The following uses are permitted as conditional uses in the general commercial district (C-4), subject to the standards and procedures established in LDC section 10.08.00. * * * * * * * * * * * * * 10. Fishing, hunting and trapping (0912—0919). 11. Floating solar facility, subject to LDC section 5.05.17. 11 12. Fuel dealers (5983—5989). {remainder of list to be renumbered} * * * * * * * * * * * * E. Heavy Commercial District (C-5). In addition to the uses provided in the C-4 zoning district, the heavy commercial district (C-5) allows a range of more intensive commercial uses and services which are generally those uses that tend to utilize outdoor space in the conduct of the business. The C-5 district permits heavy commercial services such as full-service automotive repair, and establishments primarily engaged in construction and specialized trade activities such as contractor offices, plumbing, heating and air conditioning services, and similar uses that typically have a need to store construction associated equipment and supplies within an enclosed structure or have showrooms displaying the building material for which they specialize. Outdoor storage yards are permitted with the requirement that such yards are completely enclosed or opaquely screened. The C-5 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are Page 5222 of 5261 DRAFT 12/10/25 [25-LDS-00344/1989786/1]86 12/10/25 PL20250000235 Floating Solar Facilities Page 10 of 15 Words struck through are deleted, words underlined are added permissible by right, or as accessory or conditional uses within the heavy commercial district (C-5). * * * * * * * * * * * * * c. Conditional uses. The following uses are permissible as conditional uses in the heavy commercial district (C-5), subject to the standards and procedures established in LDC section 10.08.00. * * * * * * * * * * * * * 5. Farm product raw materials (5153—5159). 6. Floating solar facility, subject to LDC section 5.05.17. 67. Fuel dealers (5983—5989). {remainder of list to be renumbered} * * * * * * * * * * * * SUBSECTION 3.D. AMENDMENTS TO SECTION 2.03.04 INDUSTRIAL ZONING DISTRICTS Section 2.03.04 Industrial Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Section 2.03.04 Industrial Zoning Districts A. Industrial District (I). The purpose and intent of the industrial district (I) is to provide lands for manufacturing, processing, storage and warehousing, wholesaling, and distribution. Service and commercial activities that are related to manufacturing, processing, storage and warehousing, wholesaling, and distribution activities, as well as commercial uses relating to automotive repair and heavy equipment sales and repair are also permissible in the I district. The I district corresponds to and implements the industrial land use designation on the future land use map of the Collier County GMP. 1. The following uses, as identified within the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section, are permitted as a right, or as accessory or conditional uses within the industrial district (I). * * * * * * * * * * * * * c. Conditional uses. The following uses are permitted as conditional uses in the industrial district (I), subject to the standards and procedures established in LDC section 10.08.00. * * * * * * * * * * * * * 5. Fabricated metal products (3482—3489). Page 5223 of 5261 DRAFT 12/10/25 [25-LDS-00344/1989786/1]86 12/10/25 PL20250000235 Floating Solar Facilities Page 11 of 15 Words struck through are deleted, words underlined are added 6. Floating solar facility, subject to LDC section 5.05.17. 6 7. Food and kindred products (2011 and 2048 including slaughtering plants for human and animal consumption). {remainder of list to be renumbered} * * * * * * * * * * * * B. Business Park District (BP). The purpose and intent of the business park district (BP) is to provide a mix of industrial uses, corporate headquarters offices and business/professional offices which complement each other and provide convenience services for the employees within the district; and to attract businesses that create high value added jobs. It is intended that the BP district be designed in an attractive park-like environment, with low structural density and large landscaped areas for both the functional use of buffering and enjoyment by the employees of the BP district. The BP district is permitted by the urban mixed use, urban commercial, and urban-industrial districts of the future land use element of the Collier County GMP. 1. The following uses, as identified within the latest edition of the Standard Industrial Classification Manual, or as otherwise provided for within this section, are permitted as of right, or as uses accessory to permitted primary or secondary uses, or are conditional uses within the business park district. * * * * * * * * * * * * * d. Conditional uses: 1. Ancillary plants. 2. Floating solar facility, subject to LDC section 5.05.17. 2. 3. Mobile food dispensing vehicle(s), permanent, subject to LDC section 5.05.16. 3. 4. Vehicle racing - applicable to the Immokalee Regional Airport only. * * * * * * * * * * * * * SUBSECTION 3.E. AMENDMENTS TO SECTION 2.03.05 CIVIC AND INSTITUTIONAL ZONING DISTRICTS Section 2.03.05 Civic and Institutional Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Section 2.03.05 Civic and Institutional Zoning Districts Page 5224 of 5261 DRAFT 12/10/25 [25-LDS-00344/1989786/1]86 12/10/25 PL20250000235 Floating Solar Facilities Page 12 of 15 Words struck through are deleted, words underlined are added A. Public Use District (P). The purpose and intent of public use district (P) is to accommodate only local, state and federally owned or leased and operated government facilities that provide essential public services. The P district is intended to facilitate the coordination of urban services and land uses while minimizing the potential disruption of the uses of nearby properties. * * * * * * * * * * * * 4. The following uses are permitted as of right, or as accessory or conditional uses, in the public use district (P). a. Permitted uses. * * * * * * * * * * * * * 7. Fairgrounds. 8. Floating solar facility, subject to LDC section 5.05.17. 8 9. Libraries. {remainder of list to be renumbered} * * * * * * * * * * * * B. Community Facility District (CF). The purpose and intent of (CF) district is to implement the GMP by permitting nonresidential land uses as generally identified in the urban designation of the future land use element. These uses can be characterized as public facilities, institutional uses, open space uses, recreational uses, water-related or dependent uses, and other such uses generally serving the community at large. The dimensional standards are intended to insure compatibility with existing or future nearby residential development. The CF district is limited to properties within the urban mixed use land use designation as identified on the future land use map. 1. The following uses are permitted as of right, or as accessory or conditional uses, in the community facility district (CF). * * * * * * * * * * * * * c. Conditional uses. The following uses are permitted as conditional uses in the community facility district (CF), subject to the standards and procedures established in LDC section 10.08.00: * * * * * * * * * * * * * 4. Community centers. 5. Floating solar facility, subject to LDC section 5.05.17. Page 5225 of 5261 DRAFT 12/10/25 [25-LDS-00344/1989786/1]86 12/10/25 PL20250000235 Floating Solar Facilities Page 13 of 15 Words struck through are deleted, words underlined are added 5 6. Golf driving ranges. {remainder of list to be renumbered} * * * * * * * * * * * * SUBSECTION 3.F. ADDITION OF NEW SECTION 5.05.17 FLOATING SOLAR FACILITIES Section 5.05.17 Floating Solar Facilities, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby added to read as follows: 5.05.17 Floating Solar Facilities A. Unless a waiver is approved in accordance with LDC section 5.05.17.B, a floating solar facility must comply with all of the following requirements: 1. Placement location, coverage area and setbacks. a. Floating solar facilities shall be located on wastewater treatment ponds, abandoned limerock mine areas, stormwater treatment ponds, reclaimed water ponds, or other water storage reservoirs. They shall not be in, on, over, or upon, Wellfield Risk Management Special Treatment Overlay Zones, aquatic preserves or environmentally protected lands that are conservation and/or preservations designated lands, or an Everglades Agricultural Area reservoir project if the floating solar facilities will have a negative impact on that project. b. The floating solar facility coverage area shall be contained within the lot or parcel under unified control, on an impounded or controlled water body with a water depth of six feet or more beneath the water surface coverage area (measured above the dry season water table). The water surface coverage area shall be limited to no greater than 60 percent. For a water surface coverage area that exceeds 30 percent and up to 60 percent, a project site-specific environmental assessment report of the ecological, biological, and physical impacts shall be approved by the County Manager or designee. A littoral shelf area of 30 percent or more shall be established, planted, and contained within the water body. The installation shall comply with the requirements set forth in LDC section 3.05.10, except that the littoral shelf planting area shall be at least 30 percent or more. c. Setbacks, landscaping and buffer standards shall apply pursuant to LDC section 4.02.03, LDC section 4.06.02, and LDC section 4.06.05. Buffer and landscaping requirements shall be in conformance with the underlying zoning district. d. The installation, when proposed on stormwater conveyance, retention, or detention areas, shall not interfere with stormwater management infrastructure and the volume and quantity of water flow. Page 5226 of 5261 DRAFT 12/10/25 [25-LDS-00344/1989786/1]86 12/10/25 PL20250000235 Floating Solar Facilities Page 14 of 15 Words struck through are deleted, words underlined are added e. Power and communication lines running from the bank of land to interconnect with any building, transformer or inverter shall be buried underground. 2 Water quality control. A water quality survey shall be required to establish baseline pre-development water quality conditions with the exception for wastewater treatment ponds to ensure compliance with the State of Florida’s water quality standards (F.A.C. 62-302) and provide reasonable assurance that stormwater management systems containing a floating solar facility which discharge to the County’s MS4 or waters of the state meet the standards. Long term water quality monitoring shall be submitted one year after post installation and annually thereafter to assess the effects on water quality, aqua flora and fauna, and the corrosion environment from leaching materials. The floating solar facility system shall be properly anchored and the water not energized. 3. Maintenance and Inspection. To prevent the occurrence of damage and breakdown of the facility, a maintenance plan shall be submitted at the time of Site Development Plan approval and an inspection report filed with the County Manager or designee one year after the facility is permitted and operational, and every three years thereafter. 4 Glare. Floating solar facilities shall not produce reflective glare that could affect or impair aircraft traffic control or vehicular traffic. If a reflector to enhance production is utilized, it shall control and minimize the glare to adjacent and abutting properties. 5. Building permits. Permits shall be obtained for the construction of any structures and other improvements to the extent required by the Florida Building Code and National Electrical Code. B. An applicant may request a waiver for approval of one or more of the provisions of LDC section 5.05.17 A. through a Conditional Use request. * * * * * * * * * * * * * SECTION FOUR: CONFLICT AND SEVERABILITY In the event that any provisions of this ordinance should result in an unresolved conflict with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP), the applicable provisions of the LDC or GMP shall prevail. 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 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. Page 5227 of 5261 DRAFT 12/10/25 [25-LDS-00344/1989786/1]86 12/10/25 PL20250000235 Floating Solar Facilities Page 15 of 15 Words struck through are deleted, words underlined are added SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ___ day of _______________, 2026. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK OF COLLIER COUNTY, FLORIDA By:__________________________ By:________________________________ , Deputy Clerk Dan Kowal, Chairman Approved as to form and legality: __________________________ Heidi F. Ashton-Cicko Managing Assistant County Attorney 04-CMD-01077/____ Page 5228 of 5261 1 J:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2026\Jan 27\PL20250000235 Floating Solar Facilities - BCC (12-05- 25).docx LAND DEVELOPMENT CODE AMENDMENT PETITION PL20250000235 SUMMARY OF AMENDMENT To comply with F.S. 163.32051 and promote the development of renewable energy, this Land Development Code amendment (LDC) shall allow the siting of “floating solar facilities” as an appropriate use of water and land areas. The amendment proposes these types of solar facilities as a permitted use in the Public Use (P) District, as conditional use in all other Zoning Districts, and not allowed in Estates (E), Travel Trailer-Recreational Vehicle Campground (TTRVC), and Residential Zoning Districts. Procedural changes to the Administrative Code are a part of this amendment. ORIGIN Growth Management Community Department (GMCD) HEARING DATES LDC SECTION TO BE AMENDED Board 01/27/2026 1.08.02 2.03.01 2.03.03 2.03.04 2.03.05 5.05.17 Definitions Agricultural Districts Commercial Zoning Districts Industrial Zoning Districts Civic and Institutional Zoning Districts Floating Solar Facilities (New Section) CCPC 12/04/2025 05/15/2025 DSAC 04/02/2025 DSAC-LDR 03/18/2025 ADVISORY BOARD RECOMMENDATIONS DSAC-LDR Approval with changes DSAC Approval with changes CCPC Approval with changes BACKGROUND “Floating solar facilities” (FSF) are typically located on wastewater treatment ponds, stormwater treatment ponds, reclaimed water ponds, abandoned mines, and other water storage reservoirs. The Florida legislature found that “Floating solar facilities”, also known as “floatovoltaics,” represents a technology that involves installing solar panels on floating platforms or floating independently, and which can be an effective tool in harnessing energy in bodies of water that have been permitted for storage. “Floating solar facilities” are defined by the State in F.S.163.3205 (2) as “… a solar facility which is located on wastewater treatment ponds, abandoned limerock mine areas, stormwater treatment ponds, reclaimed water ponds, or other water storage reservoirs”. They are a production facility for electric power, electricity-generating solar panels, affixed to a buoyant structure that keeps them above the surface of the water, and anchored at the bottom and/or to the water body’s bank. As appropriate locations for floating solar, lakes, basins, and man-made bodies of water, such as reservoirs are calmer waters when compared to the ocean, rivers, or Gulf of America. Useful at any scale for man-made bodies of water, they are subject to physical water bodies limits and the proximity to the electric grid. F.S. 163.32051, became effective law on July 1, 2022, and requires local governments to cite these facilities as appropriate uses of water and land areas in their local planning process. The statute stipulates the adoption is to “…promote the use of floating solar facilities by requiring each local government to allow these facilities as a permitted use under certain conditions and amend its land development requirements to promote and expand the use of floating solar facilities.” Pursuant to F.S. 163.32051(b), the legislature found that siting floating solar facilities “…are beneficial uses of those areas for many reasons, including the fact that the water has a cooling effect on the solar panels, which can boost power production, and the fact that the panels help decrease the amount of water lost to evaporation and the formation of harmful algal blooms.” Further, Florida Statutes allows local Page 5229 of 5261 2 J:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2026\Jan 27\PL20250000235 Floating Solar Facilities - BCC (12-05- 25).docx governments to adopt appropriate standards related to setbacks and buffering, provided that the new standards do not exceed those which are required for similar uses in areas zoned for agricultural uses (see Exhibits B and C). Floating solar photovoltaics (FPV) are a relatively new use and an emerging industry, requiring responsible siting of solar energy development and an appropriate use of land. An objective of this amendment is to improve and identify appropriate siting locations and avoid areas of potential conflict, such as lands designated for conservation or preservation, including but not limited to an Everglades Agricultural Area Reservoir Project, or Florida’s 404 General Permitting program for Water-Based Renewable Energy Generation Pilot Projects. Because the shading from panels can affect photosynthesis in aquatic plants, their location requires careful consideration and placement to avoid potential aquatic plant disruption. In addition, FPVs should not compete with lands used for other purposes, such as productive crop and pasture lands. They assist to retain the economic viability of agriculture and other predominantly rural land areas that do not compete for agriculture, industrial, or residental lands. It is easier to find sites near densely populated areas. Lack of land costs are an added advantage of floating solar systems with fewer competeing uses for development of water bodies, resulting in decreased water evaporation, anticipated lower leasing costs for the solar field when own by a property owner. These types of floating solar facilities primarily shift solar energy’s increasing demand for land to water, making them more reasonable areas with high land values or strong land conservation policies. FPV installation costs are similar to that of land-based installations, but improved efficiency, energy density, and location availability, with lower site costs (little, if any, land clearing and service access roadway construction), and with an added public benefit of water conservation. Research studies demonstrate the water's cooling effect boosts performance of solar panels. The panels are known to convert sunlight more efficiently when cooler, and are estimated to be 5-15% more energy efficient than land based solar panels. A typical installation on man-made bodies of water is comprised of the following components; floating solar panels, combiner boxes, inverters, mooring systems, electrical cabling to transmit generated electricity to inverters and grid connection points on land (See recent Duke Energy, Florida installations and FPV scematic- Exhibit D). According to current industry practice, FPV installations face fewer shading issues than ground-mounted systems, since the water surface is flat, and systems are often distant from buildings or vegetation. During the planning phase, the issue of locating systems further away from bodies of water that are regularly visited by seabirds helps to avoid potential productivity losses. Bird deterrence systems can be deployed, and adequate barrier methods are needed to manage animal activities and prevent animal visits. The positioning of FPV panels is at a lower tilt angle than their land-based counterparts, which allows panel rows to be spaced much closer to one another. The benefits and siting of FPV relate to land conservation, reduced site-preparation costs, evaporation losses, integrated aquaculture activities, decentralization of the electricity supply, and lessening the demand for cost expensive traditional ground mounted solar facilities. To ensure long term successful utilization, FPV maintenance and maintenance plans should be a submittal requirement prior to the issuance of permits. Staff recommend, at the least, a quarterly inspection of the anchor and measurement of tension of mooring line to be done as part of the preventive maintenance plan. When inverters are installed on land, they should be installed under shelter and periodic checks for signs of humidity, corrosion, or water ingress. Back up batteries are warranted pursuant to the manufacturer’s warranty. According to the most recent literature, the life span of this type of solar facility ranges from 20 to 25 years. For this reason, a decommission plan should be considered that would replace or remove the system at the end of its useful life cycle, including recycling the disassembled materials. For FPV, the administrative code will be amended to address application and site development plan requirements related to panel type, spacing and sizes, location, minimum project size, distance to existing transmission lines and abutting residential uses, water depths, anchoring/mooring system, methods to minimize animal or avian Page 5230 of 5261 3 J:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2026\Jan 27\PL20250000235 Floating Solar Facilities - BCC (12-05- 25).docx visits, setbacks, buffers and landscaping, and decommissioning plan at end of system performance period. Staff will utilize the recommended assessment of siting and siting characteristices that are derived from the 2019 report produced by the World Bank Group, ESMAP (Energy Sector Management Assistance Program) and SERIS (Solar Energy Research Institute of Singapore). Where Sun Meets Water: Floating Solar Handbook for Practitioners. Washington, DC. See Exhibit E. Depending on the location of a water body, further environmental impact assessment may be necessary to evaluate potential effects on aquatic life and the ecosystems. The ecological function of freshwater bodies is related to the presence of littoral zones along the perimeter of a lake that support submerged and emergent aquatic vegetation. Aquatic plants are important in the ecology of a healthy lake, so floating solar facilities should avoid impacts to the productive areas of the lake. To understand how floating solar facilities can potentially impact water quality, staff recommend implementing a water quality monitoring program starting with a baseline sampling, prior to installation, and subsequent routine sampling of the water body. The data will provide a better understanding of water quality impacts, if any, resulting from these floating solar facilities power generating plants that will provide information to guide decisions regarding deployment Policy 1.2.4 of the Immokalee Area Master Plan states the County must initiate amendments to the LDC that allow agricultural facilities and apparatuses associated with an alternative energy use. “These uses will be allowed on properties zoned (A) Rural Agricultural, within the Low Residential Subdistrict land use designation.” This amendment serves to implement the policy and support the economic importance of agriculture. F.S. 163.3205 (1) Solar facility approval process states: “It is the intent of the Legislature to encourage renewable solar electrical generation throughout this state. It is essential that solar facilities and associated electric infrastructure be constructed and maintained in various locations throughout this state to ensure the availability of renewable energy production, which is critical to this state’s energy and economic future. F.S. 163.3205 (3) states: A solar facility shall be a permitted use in all agricultural land use categories in a local government comprehensive plan and all agricultural zoning districts within an unincorporated area and must comply with the setback and landscaped buffer area criteria for other similar uses in the agricultural district. F.S. 163.3205 (4)states: A county may adopt an ordinance specifying buffer and landscaping requirements for solar facilities. Such requirements may not exceed the requirements for similar uses involving the construction of other facilities that are permitted uses in agricultural land use categories and zoning districts. Building and electrical permits shall be obtained for the construction of any structures and/or improvements to the extent required by the Florida Building Code (FBC). The Building Official is authorized by the FBC to request special inspections, calculations, plans, etc. to ensure floating solar power facilities are free from life safety issues. In the review article, “An interdisciplinary literature review of floating solar power plants” *, the authors conducted a scan and review analysis of existing floating solar related publications (over 900) comprehensively as of October 2024. They scrutinized the FPV literature, dividing them into three main aspects: how FPV design has evolved to support PV panels, how computational and experimental modeling techniques have been used to evaluate and optimize the designs, and interactions between FPV and the water environment. It found that “the design for FPV structures has not yet been standardized and currently no universally accepted set of guidelines or specifications for designing FPV structures” exist. Therefore, this LDC amendment does not address the design of FSF and instead focuses upon land use, deployment and installation, long term maintenance and replacement, and environmental interaction. It expands opportunities to install such solar uses in other zoning districts beyond Page 5231 of 5261 4 J:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2026\Jan 27\PL20250000235 Floating Solar Facilities - BCC (12-05- 25).docx the minimum requirements of State law. The Florida Department of Agriculture and Consumer Services (FDACS) is the home to the state’s Office of Energy (OOE) responsible for developing and implementing the states’ energy policies, programs and projects. It presented to the Florida legislature recommendations on Florida Floating Solar Facilities (FSF) Regulatory Framework Considerations, to private and public sector utilities. For local governmental consideration, potential sites can include airport retention ponds, urban lakes and ponds at parks, and public works sites with water and wastewater treatment facilities that are contingency upon a calculated payback period. Further, FDACS recommends for public water bodies, “…application requirements can be conditioned based on the percentage of surface coverage of the water body being considered for FSF. While standard application documentation may suffice for pilot projects, applications proposing to cover much of the surface of a water body could require the following: • Warranties for inverters, battery housings, and additional components, with clarification on whether the developer or owner must continue to hold such warranty; • Environmental monitoring agreements; • Routine maintenance agreements for inspection and replacement of electrical parts and FSF equipment. • Grounding and bonding plans that include lighting protection and surge suppression; • PV module and hardware testing for minimum wind and hurricane resistance ratings performed according to uniform testing parameters identified by the Florida Solar Energy Center; and • Any other access agreements that are needed to safely operate and maintain equipment, including during emergency events. Regarding decommissioning in the absence of asset recovery obligation requirements, local governments may require having a plan, in place of, to remove FSF at the end of their lifecycle, typically 20 to 30 years. A decommissioning plan outlines required steps to remove the system, dispose of or recycle its components, and restore the site to its original state. Zoning documents can address decommissioning through an abandonment and removal clause for FSF. Under such a clause, zoning enforcement can require project owners to remove equipment, however, these regulations should specify length of time that constitutes abandonment, the timeframe for the removal, and a specific definition of “removal” to avoid ambiguity and potential conflicts.” This amendment sets forth the requirements for maximum percentage of water surface coverage area, facility installation, site development, setbacks, buffers, landscaping, aquatic vegetation and water quality monitoring, preventive maintenance, routine inspections, emergency repairs and maintenance, and decommission and restoration plans to Floating Solar Facilities. DSAC-LDR Subcommittee Recommendation: On March 18, 2025, the subcommittee recommended approval with the following changes: reword “Gulf of Mexico” to “Gulf of America”, require the permitted use in Agriculture zoning district to state “to be subject to requirements of LDC section 5.03.08.”, consider adding residential zoning districts for approval through the conditional use process, strike number 8 the requirement for fencing, add text that address operations, maintenance and emergency repairs in addition to the deployment and installation plan, and create a new subsection “B” that will allow an applicant to request waivers through the conditional use process. DSAC Recommendation: On April 02, 2025, the committee members voted (9 to 5) to recommend approval subject to defining the term “minimal” impact to natural resources and water quality, adding in LDC section 5.03.08 A. number 9, text that the proposed facilities do not create a hazard to aircraft control from reflective glare and include DSAC-LDR Subcommittee’s recommendations. Staff have incorporated the changes. Page 5232 of 5261 5 J:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2026\Jan 27\PL20250000235 Floating Solar Facilities - BCC (12-05- 25).docx CCPC Recommendation: On May 15, 2025, the Planning Commissioners voted unanimously to recommend approval, contingent upon deleting floating solar facilities as permitted use in the Estates (E) zoning district and to restrict them to electric consumption onsite, an accessory use, in the Travel Trailer Recreational Vehicle Campground (TTRVC) zoning district. Staff have incorporated the changes. Exhibit G has been added to provide the Board with a list of other Florida communities that have installed and are operating floating solar facility projects. Board Direction: On June 24, 2025, the Board directed staff to advertise and hold two regularly scheduled daytime hearings and to waive the requirement to hold a nighttime hearing. In addition , the Board directed staff to advertise Floating Solar Facilities as a permitted use by right in the Public Use District (PU) and then all other requests, whether principal or accessory use, require conditional use review except for Residential and Estates zoning districts. Staff have incorporated these changes and will legally advertise the first of two day-time public hearings to be held by the Board. CCPC Recommendation: Given the Board’s direction on June 24,2025, the Planning Commission on December 04, 2025, voted unanimously to approve, modify the revised LDCA textual changes, and requirements for the location, placement and siting of floating solar facilities. Exhibit G had been updated to identify nine out of 13 of other Florida Floating Solar Facilities operate on a not-for-profit basis. Additionally, the Planning Commission unanimously consented to recommend the Board direct staff to prepare and publicly vet a future LDC amendment for ground-mounted solar facilities as a permitted use in compliance with F.S. 163.3205 (3), which states “A solar facility shall be a permitted use in all agricultural land use categories in a local government comprehensive plan and all agricultural zoning districts within an unincorporated area…”. FISCAL & OPERATIONAL IMPACTS A Business Impact Estimate is not required for this LDC amendment because it is in compliance with state law, F.S. 125.66 (3) (c). The applicant shall bear the expense and fees associated with vetting and processing a request for Conditional Use approval and any long-term water quality monitoring. GMP CONSISTENCY The proposed LDC amendment has been reviewed by Comprehensive Planning staff and may be deemed consistent with the GMP. EXHIBITS: A) Administrative Code Amendments, B) F.S.163.32051 Floating solar facitilies, C) F.S. 163.3205 Solar facility approval process, D) Examples of Floating solar facilities, E) Siting Assessment and Characteristics, F) Limnetic Zone Definition, G) Existing Florida Solar Facilities Projects *“An Interdisciplinary Literature Review of Floating Solar Power Plants”, Renewable and Sustainable Energy Reviews 209 (2025) 115094. Published by Elsevier, Ltd. https://doi.org/10.1016/j.rser.2024.115094 Page 5233 of 5261 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 6 J:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2026\Jan 27\PL20250000235 Floating Solar Facilities - BCC (12- 05-25).docx Amend the LDC as follows: 1 1.08.02 Definitions 2 3 * * * * * * * * * * * * * 4 Fire station services, ancillary: Fire protection activities imperative to carry out the purposes of a 5 government establishment primarily engaged in firefighting, such as fire training camps, but which 6 is not required to be located at a fire station for that fire station to serve its function. However, 7 services designed to repair any firefighting equipment is not an ancillary fire station service. 8 9 Floating solar facility: A solar facility as defined in Section 163.32051(2), Florida Statutes, as 10 amended, which is located on wastewater treatment ponds, abandoned limerock mine areas, 11 stormwater treatment ponds, reclaimed water ponds, or other water storage reservoirs. A solar 12 floating facility does not require any significant modification of drainage, flora or fauna, littoral 13 zone and dissolved oxygen for aquatic species survival at the site. 14 15 Flood: A general and temporary condition of partial or complete inundation of normally dry land 16 area from the overflow of inland or tidal waters or the unusual and rapid accumulation or runoff of 17 surface waters from any source. 18 19 * * * * * * * * * * * * * 20 21 Solar facility: A production facility for electric power as defined in Section 163.3205(2), Florida 22 Statutes, which: 23 24 a. Uses photovoltaic modules to convert solar energy to electricity that may be stored 25 on site, delivered to a transmission system, and consumed primarily offsite; and 26 27 b. Consists principally of photovoltaic modules, a mounting or racking system, power 28 inverters, transformers, collection systems, battery systems, fire suppression 29 equipment, and associated components; and 30 31 c. May include accessory administration or maintenance buildings, electric 32 transmission lines, substations, energy storage equipment, and related accessory 33 uses and structures. 34 35 * * * * * * * * * * * * * 36 # # # # # # # # # # # # # 37 38 2.03.01 - Agricultural Districts. 39 40 A. Rural Agricultural District (A). The purpose and intent of the rural agricultural district (A) is to 41 provide lands for agricultural, pastoral, and rural land uses by accommodating traditional 42 agricultural, agricultural related activities and facilities, support facilities related to agricultural 43 needs, and conservation uses. Uses that are considered compatible to agricultural uses that 44 would not endanger or damage the agricultural, environmental, potable water, or wildlife 45 resources of the County, are permissible as conditional uses in the A district. The A district 46 corresponds to and implements the Agricultural/Rural land use designation on the future land 47 use map of the Collier County GMP, and in some instances, may occur in the designated 48 urban area. The maximum density permissible in the rural agricultural district within the urban 49 Page 5234 of 5261 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 7 J:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2026\Jan 27\PL20250000235 Floating Solar Facilities - BCC (12- 05-25).docx mixed-use district shall be guided, in part, by the density rating system contained in the future 1 land use element of the GMP. The maximum density permissible or permitted in district A 2 shall not exceed the density permissible under the density rating system. The 3 maximum density permissible in the A district within the agricultural/rural district of the future 4 land use element of the Collier County GMP shall be consistent with and not exceed 5 the density permissible or permitted under the agricultural/rural district of the future land use 6 element. 7 8 1. The following subsections identify the uses that are permissible by right and the 9 uses that are allowable as accessory or conditional uses in the rural agricultural 10 district (A). 11 12 * * * * * * * * * * * * * 13 c. Conditional uses. The following uses are permitted as conditional uses in 14 the rural agricultural district (A), subject to the standards and procedures 15 established in LDC section 10.08.00 and the Administrative Code. 16 17 * * * * * * * * * * * * * 18 19 28. Floating solar facility, subject to LDC section 5.05.17. 20 21 * * * * * * * * * * * * * 22 23 2.03.03 - Commercial Zoning Districts 24 25 A. Commercial Professional and General Office District (C-1). The purpose and intent of the 26 commercial professional and general office district C-1 is to allow a concentration of office 27 type buildings and land uses that are most compatible with, and located near, residential 28 areas. Most C-1 commercial, professional, and general office districts are contiguous to, 29 or when within a PUD, will be placed in close proximity to residential areas, and, therefore, 30 serve as a transitional zoning district between residential areas and higher intensity 31 commercial zoning districts. The type of office uses permitted are those that do not have 32 high traffic volumes throughout the day, which extend into the evening hours. They will 33 have morning and evening short-term peak conditions. The market support for these office 34 uses should be those with a localized basis of market support as opposed to office 35 functions requiring inter-jurisdictional and regional market support. Because office 36 functions have significant employment characteristics, which are compounded when 37 aggregations occur, certain personal service uses shall be permitted, to provide a 38 convenience to office-based employment. Such convenience commercial uses shall be 39 made an integral part of an office building as opposed to the singular use of a building. 40 Housing may also be a component of this district as provided for through conditional 41 use approval. 42 43 1. The following uses, as identified with a number from the Standard Industrial 44 Classification Manual (1987), or as otherwise provided for within this section are 45 permissible by right, or as accessory or conditional uses within the C-1 46 commercial professional and general office district. 47 48 * * * * * * * * * * * * * 49 50 Page 5235 of 5261 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 8 J:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2026\Jan 27\PL20250000235 Floating Solar Facilities - BCC (12- 05-25).docx c. Conditional uses. The following uses are permissible as conditional 1 uses in the commercial convenience district (C-2), subject to the standards 2 and procedures established in LDC section 10.08.00. 3 4 * * * * * * * * * * * * * 5 15. Veterinary services (0742, excluding outdoor kenneling 6 7 16. Floating solar facility, subject to LDC section 5.05.17. 8 9 * * * * * * * * * * * * 10 11 # # # # # # # # # # # # # 12 13 B. Commercial Convenience District (C-2). The purpose and intent of the commercial 14 convenience district (C-2) is to provide lands where commercial establishments may be 15 located to provide the small-scale shopping and personal needs of the surrounding 16 residential land uses within convenient travel distance except to the extent that office uses 17 carried forward from the C-1 district will expand the traditional neighborhood size. However, 18 the intent of this district is that retail and service uses be of a nature that can be economically 19 supported by the immediate residential environs. Therefore, the uses should allow for goods 20 and services that households require on a daily basis, as opposed to those goods and 21 services that households seek for the most favorable economic price and, therefore, require 22 much larger trade areas. It is intended that the C-2 district implements the Collier County 23 GMP within those areas designated agricultural/rural; estates neighborhood center district 24 of the Golden Gate Master Plan; the neighborhood center district of the Immokalee Master 25 Plan; and the urban mixed use district of the future land use element permitted in 26 accordance with the locational criteria for commercial and the goals, objectives, and 27 policies as identified in the future land use element of the Collier County GMP. The 28 maximum density permissible in the C-2 district and the urban mixed use land use 29 designation shall be guided, in part, by the density rating system contained in the future 30 land use element of the Collier County GMP. The maximum density permissible or 31 permitted in a district shall not exceed the density permissible under the density rating 32 system. 33 34 1. The following uses, as identified with a number from the Standard Industrial 35 Classification Manual (1987), or as otherwise provided for within this section are 36 permissible by right, or as accessory or conditional uses within the C-2 37 commercial convenience district. 38 39 * * * * * * * * * * * * * 40 41 c. Conditional uses. The following uses are permissible as conditional 42 uses in the commercial convenience district (C-2), subject to the standards 43 and procedures established in LDC section 10.08.00. 44 45 * * * * * * * * * * * * * 46 2. Educational services (8211, 8222). 47 48 3. Floating solar facility, subject to LDC section 5.05.17. 49 50 Page 5236 of 5261 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 9 J:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2026\Jan 27\PL20250000235 Floating Solar Facilities - BCC (12- 05-25).docx 34. Homeless shelters. 1 2 (RENUMBER REMAINING NUMBERS) 3 4 * * * * * * * * * * * * * 5 # # # # # # # # # # # # # 6 7 C. Commercial Intermediate District (C-3). The purpose and intent of the commercial 8 intermediate district (C-3) is to provide for a wider variety of goods and services intended 9 for areas expected to receive a higher degree of automobile traffic. The type and variety 10 of goods and services are those that provide an opportunity for comparison shopping, 11 have a trade area consisting of several neighborhoods, and are preferably located at the 12 intersection of two-arterial level streets. Most activity centers meet this standard. This 13 district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning districts 14 typically aggregated in planned shopping centers. This district is not intended to permit 15 wholesaling type of uses, or land uses that have associated with them the need for outdoor 16 storage of equipment and merchandise. A mixed-use project containing a residential 17 component is permitted in this district subject to the criteria established herein. The C-3 18 district is permitted in accordance with the locational criteria for commercial and the goals, 19 objectives, and policies as identified in the future land use element of the Collier County 20 GMP. The maximum density permissible in the C-3 district and the urban mixed use land 21 use designation shall be guided, in part, by the density rating system contained in the 22 future land use element of the Collier County GMP. The maximum density permissible or 23 permitted in the C-3 district shall not exceed the density permissible under 24 the density rating system. 25 26 1. The following uses, as identified with a number from the Standard Industrial 27 Classification Manual (1987), or as otherwise provided for within this section are 28 permissible by right, or as accessory or conditional uses within the commercial 29 intermediate district (C-3). 30 31 * * * * * * * * * * * * * 32 33 c. Conditional uses. The following uses are permissible as conditional 34 uses in the commercial intermediate district (C-3), subject to the standards 35 and procedures established in LDC sections 4.02.02 and 10.08.00. 36 37 * * * * * * * * * * * * * 38 39 9. Fire protection (9224). 40 41 10 Floating solar facility, subject to LDC section 5.05.17. 42 43 1011. Food stores with greater than 5,000 square feet of gross floor 44 area in the principal structure (groups 5411—5499). 45 46 (RENUMBER REMAINING NUMBERS) 47 48 * * * * * * * * * * * * * 49 # # # # # # # # # # # # # 50 Page 5237 of 5261 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 10 J:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2026\Jan 27\PL20250000235 Floating Solar Facilities - BCC (12- 05-25).docx 1 D. General Commercial District (C-4). The general commercial district (C-4) is intended to 2 provide for those types of land uses that attract large segments of the population at the 3 same time by virtue of scale, coupled with the type of activity. The purpose and intent of 4 the C-4 district is to provide the opportunity for the most diverse types of commercial 5 activities delivering goods and services, including entertainment and recreational 6 attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses 7 permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The outside 8 storage of merchandise and equipment is prohibited, except to the extent that it is 9 associated with commercial activity conducted on-site such as, but not limited to, 10 automobile sales, marine vessels, and the renting and leasing of equipment. Activity 11 centers are suitable locations for the uses permitted by the C-4 district because most 12 activity centers are located at the intersection of arterial roads. Therefore, the uses in the 13 C-4 district can most be sustained by the transportation network of major roads. The C-4 14 district is permitted in accordance with the locational criteria for uses and the goals, 15 objectives, and policies as identified in the future land use element of the Collier County 16 GMP. The maximum density permissible or permitted in a district shall not exceed 17 the density permissible under the density rating system. 18 19 1. The following uses, as defined with a number from the Standard Industrial 20 Classification Manual (1987), or as otherwise provided for within this section are 21 permissible by right, or as accessory or conditional uses within the general 22 commercial district (C-4). 23 24 * * * * * * * * * * * * * 25 26 c. Conditional uses. The following uses are permitted as conditional uses in 27 the general commercial district (C-4), subject to the standards and 28 procedures established in LDC section 10.08.00. 29 30 * * * * * * * * * * * * * 31 32 10. Fishing, hunting and trapping (0912—0919). 33 34 11. Floating solar facility, subject to LDC section 5.05.17. 35 36 11 12. Fuel dealers (5983—5989) 37 38 (RENUMBER REMAINING NUMBERS) 39 40 * * * * * * * * * * * * * 41 # # # # # # # # # # # # # 42 43 44 E. Heavy Commercial District (C-5). In addition to the uses provided in the C-4 zoning district, 45 the heavy commercial district (C-5) allows a range of more intensive commercial uses and 46 services which are generally those uses that tend to utilize outdoor space in the conduct of 47 the business. The C-5 district permits heavy commercial services such as full-service 48 automotive repair, and establishments primarily engaged in construction and specialized 49 trade activities such as contractor offices, plumbing, heating and air conditioning services, 50 Page 5238 of 5261 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 11 J:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2026\Jan 27\PL20250000235 Floating Solar Facilities - BCC (12- 05-25).docx and similar uses that typically have a need to store construction associated equipment and 1 supplies within an enclosed structure or have showrooms displaying the building material 2 for which they specialize. Outdoor storage yards are permitted with the requirement that 3 such yards are completely enclosed or opaquely screened. The C-5 district is permitted in 4 accordance with the locational criteria for uses and the goals, objectives, and policies as 5 identified in the future land use element of the Collier County GMP. 6 7 1. The following uses, as identified with a number from the Standard Industrial 8 Classification Manual (1987), or as otherwise provided for within this section are 9 permissible by right, or as accessory or conditional uses within the heavy 10 commercial district (C-5). 11 12 * * * * * * * * * * * * * 13 14 c. Conditional uses. The following uses are permissible as conditional 15 uses in the heavy commercial district (C-5), subject to the standards and 16 procedures established in LDC section 10.08.00. 17 18 * * * * * * * * * * * * * 19 5. Farm product raw materials (5153—5159). 20 21 6. Floating solar facility, subject to LDC section 5.05.17. 22 23 67. Fuel dealers (5983—5989). 24 25 (RENUMBER REMAINING NUMBERS) 26 27 * * * * * * * * * * * * * 28 # # # # # # # # # # # # # 29 30 2.03.04 - Industrial Zoning Districts 31 32 A. Industrial District (I). The purpose and intent of the industrial district (I) is to provide lands 33 for manufacturing, processing, storage and warehousing, wholesaling, and distribution. 34 Service and commercial activities that are related to manufacturing, processing, storage 35 and warehousing, wholesaling, and distribution activities, as well as commercial uses 36 relating to automotive repair and heavy equipment sales and repair are also permissible 37 in the I district. The I district corresponds to and implements the industrial land use 38 designation on the future land use map of the Collier County GMP. 39 40 1. The following uses, as identified within the Standard Industrial Classification 41 Manual (1987), or as otherwise provided for within this section, are permitted as a 42 right, or as accessory or conditional uses within the industrial district (I). 43 44 * * * * * * * * * * * * * 45 46 c. Conditional uses. The following uses are permitted as conditional uses in 47 the industrial district (I), subject to the standards and procedures 48 established in LDC section 10.08.00. 49 50 Page 5239 of 5261 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 12 J:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2026\Jan 27\PL20250000235 Floating Solar Facilities - BCC (12- 05-25).docx * * * * * * * * * * * * * 1 2 4. Electric, gas, and sanitary services (4911—4971). 3 4 5. Fabricated metal products (3482—3489). 5 6 6. Floating solar facility, subject to LDC section 5.05.17. 7 8 67. Food and kindred products (2011 and 2048 including slaughtering 9 plants for human and animal consumption). 10 11 (RENUMBER REMAINING NUMBERS) 12 13 B. Business Park District (BP). The purpose and intent of the business park district (BP) is to 14 provide a mix of industrial uses, corporate headquarters offices and business/professional 15 offices which complement each other and provide convenience services for the employees 16 within the district; and to attract businesses that create high value added jobs. It is intended 17 that the BP district be designed in an attractive park-like environment, with low 18 structural density and large landscaped areas for both the functional use of buffering and 19 enjoyment by the employees of the BP district. The BP district is permitted by the urban 20 mixed use, urban commercial, and urban-industrial districts of the future land use element 21 of the Collier County GMP. 22 23 1. The following uses, as identified within the latest edition of the Standard Industrial 24 Classification Manual, or as otherwise provided for within this section, are 25 permitted as of right, or as uses accessory to permitted primary or secondary uses, 26 or are conditional uses within the business park district. 27 28 * * * * * * * * * * * * * 29 30 d. Conditional uses: 31 32 1. Ancillary plants. 33 34 2. Floating solar facility, subject to LDC section 5.05.17. 35 36 2.3. Mobile food dispensing vehicle(s), permanent, subject to LDC 37 section 5.05.16. 38 39 34. Vehicle racing - applicable to the Immokalee Regional Airport only 40 * * * * * * * * * * * * * 41 # # # # # # # # # # # # # 42 43 2.03.05 - Civic and Institutional Zoning Districts 44 45 A. Public Use District (P). The purpose and intent of public use district (P) is to accommodate 46 only local, state and federally owned or leased and operated government facilities that 47 provide essential public services. The P district is intended to facilitate the coordination of 48 urban services and land uses while minimizing the potential disruption of the uses of 49 nearby properties. 50 Page 5240 of 5261 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 13 J:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2026\Jan 27\PL20250000235 Floating Solar Facilities - BCC (12- 05-25).docx 1 1. Any public facilities that lawfully existed prior to the effective date of this Code and 2 that are not zoned for public use district (P) are determined to be conforming with 3 these zoning regulations. 4 5 2. Any future expansion of these public facilities on lands previously reserved for their 6 use shall be required to meet the regulations in effect for the zoning district in which 7 the public facility is located. 8 9 3. Government-owned properties rented or leased to nongovernmental entities for 10 purposes not related to providing governmental services or support functions to a 11 primary civic or public institutional use shall not be zoned for the public use district 12 (P), but rather, shall be zoned or rezoned according to the use types or the use 13 characteristics which predominate. 14 15 4. The following uses are permitted as of right, or as accessory or conditional uses, 16 in the public use district (P). 17 18 a. Permitted uses. 19 20 * * * * * * * * * * * * * 21 7. Fairgrounds. 22 23 8. Floating solar facility, subject to LDC section 5.05.17. 24 25 8 9. Libraries. 26 27 (RENUMBER REMAINING NUMBERS) 28 * * * * * * * * * * * * * 29 30 B. Community Facility District (CF). The purpose and intent of (CF) district is to implement 31 the GMP by permitting nonresidential land uses as generally identified in the urban 32 designation of the future land use element. These uses can be characterized as public 33 facilities, institutional uses, open space uses, recreational uses, water-related or 34 dependent uses, and other such uses generally serving the community at large. The 35 dimensional standards are intended to insure compatibility with existing or future nearby 36 residential development. The CF district is limited to properties within the urban mixed use 37 land use designation as identified on the future land use map. 38 39 1. The following uses are permitted as of right, or as accessory or conditional uses, 40 in the community facility district (CF). 41 42 * * * * * * * * * * * * * 43 44 c. conditional uses. The following uses are permitted as conditional 45 uses in the community facility district (CF), subject to the standards and 46 procedures established in LDC section 10.08.00: 47 48 * * * * * * * * * * * * * 49 Page 5241 of 5261 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 14 J:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2026\Jan 27\PL20250000235 Floating Solar Facilities - BCC (12- 05-25).docx 1 4. Community centers. 2 3 5. Floating solar facility, subject to LDC section 5.05.17. 4 5 56. Golf driving ranges. 6 7 (RENUMBER REMAINING NUMBERS) 8 9 * * * * * * * * * * * * * 10 # # # # # # # # # # # # # 11 12 5.05.17– Floating Solar Facilities 13 14 A. Unless a waiver is approved per Subsection B below, a floating solar facility must comply 15 with all of the following requirements: 16 17 1. Placement location, coverage area and setbacks. 18 19 a. Floating solar facilities shall be located on wastewater treatment ponds, 20 abandoned limerock mine areas, stormwater treatment ponds, reclaimed 21 water ponds, or other water storage reservoirs. They shall not be in, on, 22 over, or upon, Wellfield Risk Management Special Treatment Overlay 23 Zones, aquatic preserves or environmentally protected lands that are 24 conservation and/or preservations designated lands, or an Everglades 25 Agricultural Area reservoir project if the floating solar facilities will have a 26 negative impact on that project. 27 28 b. The floating solar facility coverage area shall be contained within the lot or 29 parcel under unified control, on an impounded or controlled water body with 30 a water depth of six feet or more beneath the water surface coverage area 31 (measured above the dry season water table). The water surface coverage 32 area shall be limited to no greater than 60 percent. For a water surface 33 coverage area that exceeds 30 percent and up to 60 percent, a project site-34 specific environmental assessment report of the ecological, biological, and 35 physical impacts shall be approved by the County Manager or designee. A 36 littoral shelf area of 30 percent or more shall be established, planted, and 37 contained within the water body. The installation shall comply with the 38 requirements set forth in LDC section 3.05.10, except that the littoral shelf 39 planting area shall be at least 30 percent or more. 40 41 c. Setbacks, landscaping and buffer standards shall apply pursuant to LDC 42 section 4.02.03, LDC section 4.06.02, and LDC section 4.06.05. Buffer and 43 landscaping requirements shall be in conformance with the underlying 44 zoning district. 45 46 d. The installation, when proposed on stormwater conveyance, retention, or 47 detention areas, shall not interfere with stormwater management 48 infrastructure and the volume and quantity of water flow. 49 Page 5242 of 5261 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 15 J:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2026\Jan 27\PL20250000235 Floating Solar Facilities - BCC (12- 05-25).docx 1 e. Power and communication lines running from the bank of land to 2 interconnect with any building, transformer or inverter shall be buried 3 underground. 4 5 2 Water quality control. A water quality survey shall be required to establish baseline 6 pre-development water quality conditions with the exception for wastewater 7 treatment ponds to ensure compliance with the State of Florida’s water quality 8 standards (F.A.C. 62-302) and provide reasonable assurance that stormwater 9 management systems containing a floating solar facility which discharge to the 10 County’s MS4 or waters of the state meet the standards. Long term water quality 11 monitoring shall be submitted one year after post installation and annually 12 thereafter to assess the effects on water quality, aqua flora and fauna, and the 13 corrosion environment from leaching materials. The floating solar facility system 14 shall be properly anchored and the water not energized. 15 16 3. Maintenance and Inspection. To prevent the occurrence of damage and 17 breakdown of the facility, a maintenance plan shall be submitted at the time of Site 18 Development Plan approval and an inspection report filed with the County 19 Manager or designee one year after the facility is permitted and operational, and 20 every three years thereafter, 21 22 4 Glare. Floating solar facilities shall not produce reflective glare that could affect or 23 impair aircraft traffic control or vehicular traffic. If a reflector to enhance production 24 is utilized, it shall control and minimize the glare to adjacent and abutting 25 properties. 26 27 5. Building permits. Permits shall be obtained for the construction of any structures 28 and other improvements to the extent required by the Florida Building Code and 29 National Electrical Code. 30 31 B. An applicant may request a waiver for approval of one or more of the provisions of LDC 32 section 5.05.17 A. through a Conditional Use request. 33 34 Page 5243 of 5261 Exhibit A – Administrative Code Amendments 16 J:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2026\Jan 27\PL20250000235 Floating Solar Facilities - BCC (12- 05-25).docx Collier County Land Development Code | Administrative Procedures Manual 1 Chapter 4 | Administrative Procedures 2 3 S. Floating Solar Facilities 4 5 Reference LDC subsection 5.05.17 and 10.08.00 Applicability Floating Solar Facilities are located on wastewater treatment ponds, abandoned limerock mine areas, stormwater treatment ponds, reclaimed water ponds, or other water storage reservoirs. This procedure applies to a request for the placement of floating sola r facilities on an impounded or controlled water body. Pre-Application A pre-application meeting is required for SDP, SDPA, or SIP and/or Conditional Use applications. For a SDPI or SIPI, a pre-application is not required, but the applicant must obtain pre-submittal authorization from the Development Review Division and address the required environmental considerations. Initiation The applicant files either an application for public hearing for conditional use or an application for either SDP, SDPA, SDPI, SIP or SIPI approval. See Chapter 1 D. for additional information regarding the procedural steps for initiating an application. Application Content The application contents shall follow the applicable submittal requirements of Conditional Use, SDP, SDPA, SDPI, SIP, or SIPI. At the time of filing an application, the following information must be provided: 1. Applicant contact information. Name, address telephone, email address of person(s) or entity responsible for implementing the decommission, preventive maintenance and restoration plans. 2. Addressing checklist. 3. Property Ownership Disclosure Form. 4. Property information, including: • Project name. • Legal description of each lot or parcel. • Property identification number of each lot or parcel. • Section, township and range. • Subdivision, unit, lot and block, or metes and bounds description. • Address of subject site and general location. • Existing zoning designation of each lot or parcel and the water body use. • Ownership, whether direct or leasing. 5. An assurance the water body will not be energized by. a, The type of anchoring system, power or communication lines. Page 5244 of 5261 Exhibit A – Administrative Code Amendments 17 J:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2026\Jan 27\PL20250000235 Floating Solar Facilities - BCC (12- 05-25).docx b. Battery system, transformer or inverter. 7. Whether the harnessing of power is stored in batteries, immediately consumed on or off site and any excess energy that will be fed back into a power grid . 8, Utility company agreements, lease, surface rights, access, land or water agreements power purchase agreements, if applicable. 9. Type and depth of water body. 10. Location of water body and proposed water surface coverage area measured above the dry season water table. 11. Listing of the certification of photovoltaics system, modules, and hardware testing for minimum wind and hurricane resistance rating performed according to the uniform testing parameters identified by the Florida Solar Energy Center (FSEC®). 12. Location at which an interactive distributed generation system makes its interconnection with the electric utility system. 13. Identify how NEC® permits the output of photovoltaic inverter to be connected to either the load side (customer side) or supply side (utility side) of the service disconnect. 14. Environmental considerations at the time of SDP, SIP, SDPI, or SIPI include: a. A predevelopment baseline water quality survey with details for long-term monitoring regarding the frequency, duration, and parameters determined by the County Manager or designee at the time of application. Long term water quality monitoring shall be submitted one year after post installation and annually thereafter to assess the effects on water quality, aqua flora and fauna, and the corrosion environment from leaching materials. b. Except for wastewater treatment ponds, a commitment that the stormwater management system which discharges to the County’s MS4 or waters of the state will be maintained and meet the State of Florida’s water quality standards established by F.A.C. 62-302, and when applicable Total Maximum Daily Loads (TMDLs) established by F.A.C 62-304. c. Bird deterrence system (barrier or non-barrier method) for wading or other birds that utilize water for foraging, nesting, or reproduction. e. Evidence the facility design is sited and will be constructed to have minimal impacts to the shading of habitats and species within the littoral zone or limnetic zone, soiling from dust, biofouling (accumulation of micro -organisms, plants, algae, biosoiling (bird droppings), and barriers to animals in the natural habitat the site and degradation of water quality within the site. f, Evidence that no harmful anti-vegetative paints will be used to control biological growth adhering to the floats. 15. Operation, emergency and preventative maintenance plans including access agreements to safely operate and maintain equipment during emergency events. The preventive maintenance plan must entail emergency repairs, routine inspection and servicing at predetermined minimal intervals (monthly for the anchoring, mooring system, and Page 5245 of 5261 Exhibit A – Administrative Code Amendments 18 J:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2026\Jan 27\PL20250000235 Floating Solar Facilities - BCC (12- 05-25).docx biofouling; quarterly for floats, inverters, mounting structure and all other components; and annually for littoral zone health). 16. Pre-application meeting notes, if applicable. 17. The name and mailing address of all registered Homeowners Associations and civic associations whose members are impacted by the application, if applicable. 18. For conditional use approval, a written petition that shows how the proposed use satisfies the findings outlined in LDC section 10.08.00. Completeness and Processing of Application See Chapter 1 D.5 for the acceptance and processing of an application. Notice for Conditional Use Application  See Chapter 8 of the Administrative Code for additional notice information. 1. NIM: The NIM shall be completed at least 15 days before the advertised public hearing. The NIM shall be advertised and a mailed written notice shall be given to property owners in the notification area at least 15 days prior to the NIM meeting. 2. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised public hearing. 3. Legal Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • a. Date, time, and location of the hearing. • b. Description of the proposed land uses; and • c. 2 in. x 3 in. map of the project location. 4. Sign: Posted at least 15 days before the advertised public hearing date.  See Chapter 8 E. of the Administrative Code for sign template. Notice for all Others Public Hearing for Conditional Use Application None. 1. The EAC shall hold at least 1 advertised public hearing, if required. 2. The Planning Commission shall hold at least 1 advertised public hearing. 3. The BZA shall hold at least 1 advertised public hearing. Decision Maker For Conditional Use the BCC, following a recommendation from both the EAC, if required, and the Planning Commission. For other applications, the County Manager or designee. Review Process The Zoning Division will review the application, identifying whether additional materials are needed for the Decision Maker. For a conditional use application, a Staff Report or Executive Summary will be prepared to present to the Decision Maker Recording of Developer Commitments Within 30 days of approval of a conditional use, the owner or developer at its expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each commitment of the owner or developer specified in the conditional use. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter Page 5246 of 5261 Exhibit A – Administrative Code Amendments 19 J:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2026\Jan 27\PL20250000235 Floating Solar Facilities - BCC (12- 05-25).docx 695, F.S. A recorded copy of the Memorandum or Notice shall be provided to the assigned Principal Planner, Zoning Division, within 15 days of recording of said Memorandum or Notice. Updated Res. 2025-XXXX 1 Page 5247 of 5261 Exhibit B – F.S. 163. 32051 Floating solar facilities 20 J:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2026\Jan 27\PL20250000235 Floating Solar Facilities - BCC (12- 05-25).docx 1 2 Page 5248 of 5261 Exhibit C – F.S. 163. 3205 Solar facility approval process 21 J:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2026\Jan 27\PL20250000235 Floating Solar Facilities - BCC (12- 05-25).docx Page 5249 of 5261 Exhibit D – Examples of Floating solar facilities. 22 J:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2026\Jan 27\PL20250000235 Floating Solar Facilities - BCC (12- 05-25).docx Page 5250 of 5261 Exhibit D – Examples of Floating solar facilities. 23 J:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2026\Jan 27\PL20250000235 Floating Solar Facilities - BCC (12- 05-25).docx A total of 1,872 of solar panels are connected and anchored down, right in the middle of Duke Energy's cooling pond. (Spectrum News) 12/12/24 Duke Energy has reached a milestone with the successful activation of its first floating solar project in Florida, situated at the Duke Energy Hines Energy Complex in Bartow, Florida. The nearly 1-megawatt floating solar array, comprising over 1,800 bifacial solar panels, floats on a 2-acre water surface within an existing cooling pond. The innovative design of the panels, absorbing light from both sides, is expected to generate 10%-20% more power than traditional single-sided counterparts. Page 5251 of 5261 Exhibit D – Examples of Floating solar facilities. 24 J:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2026\Jan 27\PL20250000235 Floating Solar Facilities - BCC (12- 05-25).docx Source Power Systems Technology: https://www.powersystems.technology/duke-energy-floats-into-the- future-florida-s-first-floating-solar-project-unveiled/ Central Florida Expressway(CFX) Floating Solar Expansion-D3Energy Project Overview, In its second partnership with D3Energy, the Central Florida Expressway Authority added new floating solar (FPV) systems across multiple locations - Conway, Forest Lake, Pine Hills. Totaling 775kW, these arrays will generate clean power directly on water surfaces, helping CFX reduce its carbon footprint, save on energy costs, and showcase innovative renewable energy solutions for transportation infrastructure. Type of reservoir-Retention Ponds; 1,326 panels; Inverter type- String; Total island size-1.4 acres Maximum depth-10 feet and Bank-anchoring system Floating Photovoltaic System Cost Benchmark: Q1 2021 Installations on Artificial Water Bodies Vignesh Ramasamy and Robert Margolis National Renewable Energy Laboratory Page 5252 of 5261 Exhibit E – Siting Assessment and Characteristics 25 J:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2026\Jan 27\PL20250000235 Floating Solar Facilities - BCC (12- 05-25).docx World Bank Group, ESMAP and SERIS. 2019. Where Sun Meets Water: Floating Solar Handbook for Practitioners. Washington, DC: World Bank. The material in this work is subject to copyright. Because the World Bank encourages dissemination of its knowledge, this work may be reproduced, in whole or in part, for noncommercial purposes as long as full attribution to this work is given. SITE IDENTIFICATION The main considerations for assessing site suitability for FPV installations include: Solar resource (solar irradiance at proposed water surface ) and local climatic conditions (seasonal variations in weather- temperature range, precipitation, lighting and storm occurrences). Available water surface area (in general, for FPV deployment, one MWp requires roughly 1 hectare or 2.47 acres for the floating island and 1.7 hectares or 4.2 acres of water area, (after taking into account anchoring) and shape (rectangular or square). Bathymetry (shape of boundaries, average depth and depth distribution, structure of water bed and the water body banks, and hydrology). Water quality conditions and impact. Water level (variation over summer/winter months), wave amplitudes, and wind speeds. Subsurface soil conditions (accurate soil analysis and soil structure interaction). Shading (of habitats and species within the littoral and/or linnetic zones), soiling, and other site conditions: (openness and minimal shading, less soiling from dust than land installations, biosoiling (bird droppings-survey of bird species, etc.), avoidance of saltwater or briny coastal systems that create a more corrosive environment for metals, including structural elements, grounding, and electrical connectors and wiring, elavate the area for potential soiling (precipitates from the water) or biofouling that can lead to hot spots, provide good airflow around the panels, and create barriers to animals in natural habitats at the site. Environmental Considerations: Natural habitat of preserved species, frequency of bird activity, and water species that are sensitive to water temperature, dissolved oxygen, and sunlight. Grid access, substation location, and power availability. Access rights, permits, and regulations. Obtain FAA approval when near a airport that demostrates compliance with standards for measuring ocular impact, such as no potential for glare (flash blindness or distraction) or “low potential for afterimage” along final approach path for existing or future landings. RECOMMENDED SITE CHARACTERISTICS • Be located within 1/2 to 1.8 miles to existing transmission lines: the water body should have a preferred shallow water depth at or between 7’ to 15’, and be a minimun facility size of two acres. (This is based upon studies that support cost efficiency, power capacity and sustainability for 20 or more years). Landscaping to screen and offset adjacent visual glare and position away from abutting residential uses (minimun 100 feet in distance). • Prohibited in designated Conservation and Preservation areas Page 5253 of 5261 Exhibit F – Definition of Limnetic Zone 26 J:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2026\Jan 27\PL20250000235 Floating Solar Facilities - BCC (12-05-25).docx REV. 12/8/2025 • Page 5254 of 5261 Exhibit G – Existing Florida Solar Facilities Projects 27 J:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2026\Jan 27\PL20250000235 Floating Solar Facilities - BCC (12- 05-25).docx Page 5255 of 5261 G`44.0,'C Copio, A. 0 A Clerk of the Circuit Court and Comptroller - Crystal K. Kinzel ac Collier County, Florida u 3315 Tamiami Trail East, Ste. 102 - Naples, FL 34112-5324 Phone: (239) 252-2646 4: os 4 CC1l NTH A')- Publication Confirmation COLLIER COUNTY STATE OF FLORIDA The attached copy of advertisement, Floating Solar Facilities(LDCA) (PL20250000235)-BCC 1/27/2026 was published on the publicly accessible website https://notices.collierclerk.com as designated by Collier County, Florida on 01/07/2026. THIS IS NOT AN AFFIDAVIT OF PUBLICATION. Page 5256 of 5261 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) at 9:00 A.M. on January 27, 2026, in the Board of County Commissioners Meeting Room,third floor,Collier Government Center,3299 Tamiami Trail East,Naples,FL to consider: AN ORDINANCE AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO ADD A FLOATING SOLAR FACILITY AS A PERMITTED USE IN CERTAIN NON-RESIDENTIAL ZONING DISTRICTS AND TO ESTABLISH REGULATIONS FOR FLOATING SOLAR FACILITIES, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER ONE—GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER TWO — ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.01 AGRICULTURAL DISTRICTS,SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS,SECTION 2.03.04 INDUSTRIAL ZONING DISTRICTS, SECTION 2.03.05 CIVIC AND INSTITUTIONAL ZONING DISTRICTS; CHAPTER FIVE — SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, BY ADDING A NEW SECTION 5.05.17 FLOATING SOLAR FACILITIES; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX,EFFECTIVE DATE. [PL20250000235] Page 5257 of 5261 t\,Collar Counts N I \., Florida L 1 II i MUM rill-OFKwits c r r t r' A 1 A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection.All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of theagendaitemtobeaddressed.Individual speakers will be limited to three(3)minutes on any item.The selection of anyindividualtospeakonbehalfofanorganizationorgroupisencouraged.If recognized by the Chairman,a spokespersonforagroupororganizationmaybeallottedten(10)minutes to speak on an item. Written materials intended to beaminimumofseven considered hearing.byin the Board shall be submitted to the appropriate County. All materials used in presentations before the Board will ecom a permanent part7of the record.) days prior o the public hearmg. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to providepubliccommentsremotely, as well as in person, during this proceeding. Individuals who would like to participateremotelyshouldregisterthroughthelinkprovidedwithinthespecificevent/meeting entry on the Calendar of EventsontheCountywebsiteatwww.collier.gov/Calendar-Events-directory after the agenda is posted on the Countywebsite. Registration should be done in advance of the public meeting, or any deadline specified within the publicmeetingnotice.Individuals who register will receive an email in advance of the public hearing detailing how they canparticipateremotelyinthismeeting. Remote participation is provided as a courtesy and is at the user's risk. TheCountyisnotresponsiblefortechnicalissues. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@,collier.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining theretoandtherefore, 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 areentitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division,located at 3335 Tamiami Trail East, Suite 101,Naples,FL 34112-5356,(239)252-8380,at Page 5258 of 5261 least two(2)days prior to the meeting.Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA DAN KOWAL,CHAIRMAN CRYSTAL K.KINZEL, CLERK OF THE CIRCUIT COURT AND COMPTROLLER Page 5259 of 5261