Backup Documents 02/10/2026 Item #17A ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 17 A
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2. County Attorney Office County Attorney Office aD 2/b/z3. BCC Office Board of County
Commissioners Pk 'ON 'l/( 1 -
4. Minutes and Records Clerk of Court's Office I
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Kari Hodgson/PUD—Solid Waste Phone number 239-252-2504
Contact/ Department
Agenda Date Item was 1/13/26 Agenda Item Number 17,fA
Approved by the BCC
Type of Document ORDINANCE Number of Original 1
Attached Documents Attached
PO number or account N/A !
number if document is ��tea — .b
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature KH
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be KH
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the KH
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's KH
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip KH
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on above date and all changes made during KH •
the meeting have been incorporated in the attached document. The County } � a r.
Attorney's Office has reviewed the changes,if applicable. 3 i '
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the C(,O
Chairman's signature. 'dam-
17A
ORDINANCE NO. 2026- 0 6
AN ORDINANCE AMENDING ORDINANCE NO. 2003-37, AS
AMENDED; PROVIDING FOR REVISIONS TO THE
PURPOSE, DEFINITIONS, AND PERMIT SECTIONS;
PROVIDING FOR REGULATIONS REGARDING
EXCAVATION WITHIN THE RIGHT-OF-WAY; PROVIDING
FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE COLLIER COUNTY CODE OF LAWS
AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, in 1977, Collier County first established a set of standards to regulate and
require consistency and quality of workmanship and materials for construction activities within
the County right-of-way, which standards were updated in 1982, 1989, 1993, 2003 and 2009; and
WHEREAS, the Board of County Commissioners (Board) enacted Ordinance No. 2003-
37,as amended,cited in Chapter 110,Article II of the Collier County Code and Ordinances, which
Ordinance, among other things, concerns the regulation of private construction in Public Rights-
of-Way; and
WHEREAS, the County has incurred significant monetary damage resulting from third
party contractors performing excavation work in the County Rights-of-Way and damaging County
property resulting in repair costs to the County and temporary loss of essential services to County
customers; and
WHEREAS, Section 556.111, Florida Statutes, authorizes the Board to enact reasonable
rules and regulations relating to its Public Rights-of-Way; and
WHEREAS, Section 337.401, Florida Statutes, further authorizes the Board to enact and
enforce reasonable rules and regulations with reference to the placing and maintaining of utilities
along, across, or on any road and may grant to a resident or corporation organized or licensed in
Florida the use of the right-of-way in accordance with said rules and regulations; and
WHEREAS, it is necessary to implement reasonable rules and regulations regarding work
performed in the County owned right-of-way to protect the health, safety, and welfare of County
citizens; and
WHEREAS, the Board deems this Ordinance to be in the best interest of the citizens of
the County.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that:
SECTION ONE: Ordinance No.03-27,as amended,and as codified in article II Construction
in Public Rights-of-Way, Sections 110-26 through 110-35 of the Code of Laws and Ordinances of
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Collier County, Florida, is hereby amended as follows:
Sec. 110-26. Purpose
This article is to protect the public against hazards resulting from private construction in the
public right-of-way, and to protect the structural and physical integrity of Collier County-owned
or Collier County-controlled public road right-of-way facilities and materials including and not
limited to roads,soils,bridges,sidewalks,signs,wellheads,water facilities, sewer facilities,and/or
drainage facilities:, and protect the public from the interruption of services resulting from damage
to an underground facility caused by excavation operations in the public right-of-way.
********************************
Sec. 110-27. Definitions
County: Means the Transportation Services Division of Collier County, the Collier County
Community Development and Environmental Services Division Collier County Growth
Management Community Development Department, the Collier County Transportation
Management Services Department, the Collier County Public Utilities Department (the
"Departments"), and any other division or department of Collier County needed to assist the said
transportation services di s nd/or the aid pity developmen* nd t l
services division Departments in enforcement of this Ordinance.
Excavate or Excavation: Means any manmade cut, cavity, trench, or depression in the earth's
surface, formed by removal of earth, intended to change the grade or level of land, or intended to
penetrate or disturb the surface of the earth, including land beneath the waters of the state, as
defined in Section 373.019(22), Florida Statutes, and the term includes pipe bursting and
directional drilling or boring from one point to another point beneath the surface of the earth, or
other trenchless technologies.
Existing Facility: Means any construction, excavation, obstruction, hole, or other change to the
then existing structure and/or compaction of soil in any public right-of-way commenced prior to
the adoption of this Ordinance, for which a Collier County right-of-way construction permit has
not been granted.
Offending Material: Means any object placed, constructed, or grown in any public right-of-way
with or without a Collier County permit and that may endanger any person, damage the right-of-
way, restrict existing or planned drainage, or impair normal maintenance.
Responsible Party: Means the individual, person, firm, private or governmental entity,
corporation, association, department or authority under whose control, authorization, or direction
[25-SDW-003 1 0/1 99436/1]117 Page 2 of 8
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any offending material has been placed, constructed or grown in any Collier County right-of-way,
including any right-of-way under such control of Collier County. Whenever the true identity of
any such responsible party remains unknown after diligent inquiry, "Responsible Party" shall then
include all owners of the fee title to the real property upon or over which the offending material
has been placed.
Sec. 110-31. Permits
A. It shall be unlawful for any Responsible Party to dig, excavate, obstruct, or place any
construction or other material, or perform any other work which disturbs the existing structure
and/or compaction of soil in any right-of-way provided for public use in Collier County, including
any public right-of-way maintained by Collier County within the boundaries of any municipal
corporation,without first obtaining a permit for such work from the Collier County Transportation
Operations Department County as specified herein or in the Handbook as defined in Section 110-
28. In addition, it shall be unlawful for any Responsible Party to park in any right-of-way provided
for public use in Collier County, unless otherwise authorized by the County.
B. Application for each permit shall be made on forms provided by the County. Such application
shall include,the following information:
1. The precise physical location of the construction.
2. The total linear feet of the proposed work area.
2-3. The type of facility to be constructed.
4. The method of construction to be used.
4. 5. The expected time schedule for completion of construction.
5: 6. Sketches and drawings in duplicate to completely depict the nature of all the proposed
construction.
6-7. All other information required in the Handbook.
8. The number of active right-of-way permits issued by the County to the applicant.
9. If applicable, the name and contact information for the subcontractor hired by the applicant
to perform the work.
10. Additional information as may reasonably be required by the County due to unique
conditions of the project or the permit requested, for example, a lane closure permit differs
significantly from an overweight or oversize permit.
C. The permittee shall be responsible for all conditions of the permit and to pay the applicable
permit fee then established by resolution of the Board of County Commissioners (the Board).
D. The Collier County Transportation Operations Department County may take any of the
following actions on a permit application:
1. Approve the permit based on the application as submitted.
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2. Deny the permit based on insufficient information or site-specific information,a+4
or data inconsistent with the requirements of the l}Handbook or the Collier County
Land Development Code (LDC), or a violation of the conditions described in this
Ordinance, any other applicable County Ordinances, federal or state law.
3. Issue a notice of intent to issue a permit valid for up to one year, based on the
applicant's proposed time frame for construction within the right-of-way. If work
will not begin within 30 calendar days of the date on which a permit would
otherwise be issued, then such notice of intent shall be issued in lieu of the actual
permit. Upon reactivation of the permit application by the applicant, the
transportation operations department County Manager,or designee, will review the
application to assure that no conditions have changed and either issue the permit or
revise any site-specific stipulations to the permit prior to issuance.
E. If the Collier County Transportation Operations Department County Manager, or designee,
denies the issuance of, suspends, or revokes such a permit, the applicant may appeal by filing a
written notice of appeal with the board (with a copy to the county clerk) Collier County Special
Magistrate, not later than ten working days after the effective date of the notice of denial. The
board Special Magistrate will hear the appeal within 90 30 days from the date of the written notice
of appeal at a regularly scheduled board meeting. The appellant may appear before the beard
Special Magistrate; the decision of the beard Special Magistrate shall be final.
F.No permit shall be issued unless the proposed construction conforms to the then current edition
of the following referenced publications. In the case of conflict or inconsistency, the more
restrictive rule shall apply.
1. The,}Handbook.
2. Construction methods or specifications contained in Florida Department of
Transportation(FDOT) Standard Specifications for Road and Bridge Construction,
and the most current FDOT Road Design Standards, Construction, Maintenance
and Utility Operations on the State Highway System.
3. The most current FDOT Manual of Uniform Minimum Standards for Design,
Construction and Maintenance for Streets and Highways.
4. Collier County Land Development Code (LDC, unless exempt under the existing
LDC or current Florida Statutory law).
5. Collier County Maintenance of Traffic Policy (CMA Instruction 5807, latest
revision).
If standards for the proposed construction are not contained in these references,the Collier County
Community Development and Environmental Services Division and/or Transportation Operations
Department County Manager, or designee, may impose additional conditions and/or stipulations,
including as to sidewalks/bikeways,traffic control devices, and roadway improvements as part of
the permit for the proposed construction.
[25-SDW-00310/199436/1]117 Page 4 of 8
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G. All work performed under any Collier County permit shall be at the expense of the permittee
and at no expense to Collier County.
H. The Collier County Transportation Operations Department County Manager, or designee,may
suspend or revoke a permit whenever any stipulation and/or condition of the permit is not being
fully and promptly complied with, or when deemed essential by Collier County to protect the
physical safety of the public.
I. The County Manager, or designee, may also deny, suspend, or revoke all active permits where
the permittee, or the permittee's subcontractor, has caused damage to County property while
performing work under an issued permit. The County Manager, or designee, will send the
permittee the invoice for the repair of damaged County property upon the County's receipt of the
invoice. The County Manager, or designee, will restore the permittee's suspended and/or revoked
permits after the permittee reimburses the County for damage to the County's property.
J. The County Manager, or designee, shall have the authority to observe work in the County
owned right-of-way and issue stop work orders for any practices that the County Manager, or
designee, deems in violation of this Ordinance, any other or applicable County Ordinance, federal
or state law. The permittee shall have ten (10)days to cure the violation from the date of notice. If
the permittee fails to cure the violation within 10 days,then the County Manager, or designee,may
revoke the permit.
The following new section is hereby added to Ordinance Number 2003-37, as amended:
SEC.110-33: EXCAVATION WITHIN THE RIGHT-OF-WAY
Excavation activities within the public right-of-way shall also be subject to the following
requirements:
1. The permittee shall comply with the Underground Facility Damage Prevention and Safety
Act set forth in Chapter 556, Florida Statutes (2000), as it may be amended.
2. In addition to the requirements set forth in Section 556.105,Florida Statutes,the permittee
shall provide the Sunshine State 811-Call of Florida operator with the permit number
issued by the County covering the proposed excavation work. Prior to the commencement
of any excavation activities, each permittee shall obtain and provide to the County
evidence of a valid Sunshine 811 ticket.
3. The County, as a condition precedent to the issuance of a permit for excavation activities
within the right-of-way, shall require the applicant to secure a bond at the applicant's sole
cost and expense as follows:
[25-SDW-00310/199436/1]117 Page 5 of 8
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t7A
a. The bond shall be in an amount as determined by the County Manager,or designee,
in their sole discretion; and, unless otherwise required by the County Manager, or
designee, the amount of the bond shall be a minimum of$50,000.00.
b. The bond shall indemnify the County and private property owners against any
damage caused by the permittee, including the permittee's subcontractors, while
performing an excavation within the right-of-way.
c. The bond shall remain in effect for one (1) year after the satisfactory completion
of the permitted work. At the conclusion of one (1) year after the satisfactory
completion of the permitted work, the Board of County Commissioners (BCC) is
authorized to release the bond only after verification by the County staff that there
is no claim for damages to County property within the right-of-way.
d. Each right-of-way bond may secure no more than ten right-of-way permits at any
given time. Once a permit is issued and assigned to a specific bond, that permit
shall count toward the ten-permit maximum for the duration of the bond's lifecycle,
regardless of whether any work has commenced. Permits assigned to a bond may
not be substituted, exchanged, or replaced with any other permit after issuance.A
permit canceled by the permittee before any work has begun shall continue to count
toward the ten permit allocation for that bond and shall not be replaced with
another permit. If the permittee submits applications for additional right-of-way
permits that would exceed the ten-permit limit of an existing bond, the permittee
shall provide an additional bond meeting the requirements of this section prior to
issuance of any additional permits. The County shall not issue more than ten right-
of-way permits secured under a single bond. At the sole discretion of the County
Manager or designee, additional permits may be approved without the need for an
additional bond in the event of an emergency or if the permittee does not have an
outstanding unpaid invoice from the County for damage to the County's property.
e. If a bond securing one or more right-of-way permits expires, is canceled, becomes
inactive, or is otherwise withdrawn, all right-of-way permits secured by that bond
shall be automatically deemed suspended or inactive as of the date the bond
becomes inactive.No work may continue under any suspended or inactive permit,
and no new right-of-way permits shall be issued to the permittee until acceptable
replacement security is provided and verified by the County.
f. If any right-of-way permit secured by a bond expires without completion, or if the
permittee is issued a written notice of violation and fails to initiate corrective action
within the timeframe specified by the County,all other active right-of-way permits
secured by that bond shall be automatically suspended until the violation is
corrected or acceptable replacement security is provided.
g, The bond shall be from a surety company authorized to do business in the State of
Florida and shall meet the requirements of the Department of the Treasury Fiscal
Service, "Companies Holding Certificates of Authority as Acceptable Sureties on
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Federal Bonds and as Acceptable Reinsurance Companies."
h. An irrevocable letter of credit from a financial institution operating within Collier
County, Florida (or other alternative forms of surety as permitted under Florida
law) or cash bond may be sufficient in place of the bond.
i. All such bonds, letters of credit, or cash bonds shall be approved as to form by the
County Attorney and held by the Clerk's Board Minutes and Records Department.
1 The bond requirements in this section shall not apply to right-of-way permits for
single-family residential driveway improvements.
k. The permittee may elect to post an annual bond in the amount of Five Hundred
Thousand Dollars ($500,000.00) in lieu of posting a bond for every ten permits as
described in subsection (d.). Such bond shall secure right-of-way excavation
activities for up to 150 permits, and the permittee shall be exempt from the
requirements of subsections (a.) and (d.). All permits issued pursuant to this
subsection during the annual bond period shall be secured by the annual bond.The
permittee shall submit proof of bond continuation to the County annually on the
anniversary of the bond issuance date. At the sole discretion of the County
Manager or designee, additional permits may be approved without the need for an
additional annual bond in the event of an emergency or if the permittee does not
have an outstanding unpaid invoice from the County for damage to the County's
property.
4. The County, water and sewer districts, and municipality-owned shall be exempt from the
bonding requirements described inparagraph 3. of this section.
The following Sections of Ordinance 2003-37 are hereby renumbered as follows:
SECTION110 33 110-34. RULE OF CONSTRUCTION OF THIS ORDINANCE.
**********************************************
SECTION 110 31 110-35. CONFLICT AND SEVERABILITY.
**********************************************
SECTION 100 35 110-36. PENALTIES.
**********************************************
Except as renumbered, these sections remain otherwise unchanged.
SECTION TWO: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
[25-SDW-00310/I99436/1]117 Page 7 of 8
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SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Florida Department of State except
for the bond requirements outlined in Section 110-33(3.)which shall be effective on April 1,2026.
PASSED AND pULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this /0 day of Fehi- ar y , 2026.
ATTEST: :' `� BOARD OF COUNTY COMMISSIONERS
Crysta+ K...i$.0af,j4isy9f Courts COLLIER COUNTY, FLORIDA
•
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.{ d Dan Kowal, C airman
Co'L •'`; s airman's
�s . signature only
Approved as to form and legality:
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OLD lctr u�y ofcr' 2,D21
Courtney L. DaSilva 2/3/26 cr:d acknowice.ipv.rrci
Assistant County Attorney fill' received, ..1 1— day
of Z.DA241644,40,:rw
[25-SDW-003 1 0/1 99436/1]117 Page 8 of 8
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
February 11, 2026
Crystal K. Kinzel
Clerk of Court
Collier County
3329 Tamiami Trail E, Suite#401
Naples, FL 34112
Dear Crystal Kinzel,
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2026-06,which was filed in this office on February 11,
2026.
Sincerely,
Alexandra Leijon
Administrative Code and Register Director
AL/dp
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
Agenda Item Agenda Topic: cf> .v'V 1(Y�e�
Meeting Date:
Name: e Address/Phone:
Ceding Time To: Fr . n -5
PLEASE PRINT CLEARLY
COLLIER COUNTY ORDINANCE NO.2003-53,AS AMENDED BY ORDINANCE 2004-05 AND 2007-24,REQUIRES THAT ALL LOBBYIST SHALL,BEFORE ENGAGING IN ANY
LOBBYING ACTIVITIES(INCLUDING,BUT NOT LIMITED TO,ADDRESSING THE BOARD OF COUNTY COMMISSIONERS),REGISTER WITH THE CLERK TO THE BOARD AT
THE BOARD MINUTES AND RECORDS DEPARTMENT
YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR
PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF-PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING THEIR
BUSINESS,PERSONAL POLITICKING OR OTHER FORMS OF SELF-PROMOTION WILL BE ASKED TO LEAVE THE PODIUM.
PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS
ext4tAisA, tr.r.> t Al e2C0-(0
Right-of-Way Ordinance 1 7 A
Notice & BIE
cvr eY- eurilinued, allo/ato c'PiA• guez <Wanda.Rodriguez@collier.gov>
Sent: i hursday, uecember 18, 2025 9:27 AM
To: Legal Notice
Cc: Kari Hodgson; Courtney DaSilva; Madison Bird
Subject: ad request - legal ad & BIE for Right-of-Way Ordinance - 1-13-25 BCC
Attachments: legal ad - Right-of-Way Ordinance - 1.13.26.pdf; Business Impact Estimate - ROW Ord.
1-13-26 BCC.pdf; 1984381 Collier County Right-of-Way Ordinance v.19.docx
Good morning,
On behalf of the Solid Waste Division, please publish the attached legal ad and BIE on the legal notice
website on Tuesday, December 23rd, through the hearing date. Attorney and staff approvals are below,
and no other approvals are required for this item.
Please acknowledge receipt. Thank you,
`Wanda Rodriguez, MCP, CPI
Office of the County .Attorney
(239) 252-8400
cotT I f1FOA f
C°u, W9COt,LI�Yt (TY�
AC P D Program SINCE
Ce,tired Public Managci
Airfr
My email address has changed. Effective immediately, please update your contact list to use this new
address: wanda.rodriguezcollier.gov
From: Courtney DaSilva <Courtney.DaSilva@collier.gov>
Sent:Thursday, December 18, 2025 8:37 AM
To:Wanda Rodriguez<Wanda.Rodriguez@collier.gov>
Subject: RE:for your approval- legal ad & BIE Right-of-Way Ordinance - 1-13-25 BCC
Hi Wanda,
Approved. Thank you!
Courtney L. DaSilva
Assistant County Attorney
courtney.dasilva@collier.gov
(239) 252-8471
i
y 7A
From:Wanda Rodriguez<Wanda.Rodriguez@collier.gov>
Sent:Thursday, December 18, 2025 8:04 AM
To:Courtney DaSilva <Courtney.DaSilva@collier.gov>
Subject:for your approval - legal ad & BIE Right-of-Way Ordinance- 1-13-25 BCC
Courtney,
For your approval for publication. Staff approval is below.
Wanda Rodriguez, MCP, C2'M
Office of the County Attorney
(239) 252-8400
oscriFtto
9P �vi.oxin, ijryY
ACVn CU jrE1IWW11ERx'I�I�1
A054-kir
My email address has changed. Effective immediately, please update your contact list to use this new
address: wanda.rodriquez(c�collier.gov
From: Kari Hodgson<Kari.Hodgson@collier.gov>
Sent: Wednesday, December 17, 2025 6:44 PM
To: Wanda Rodriguez<Wanda.Rodriguez@collier.gov>
Cc: Courtney DaSilva <Courtney.DaSilva@collier.gov>
Subject: FW: 25-SDW-00310 ROW Permit Regulation - Excavator Damage:
APPROVED!
Is the December or January Chairman to be listed?
Thank you!
KARI
Kari Hodgson
Division Director - Solid Waste
Solid & Hazardous Waste Management (1‘%,
Office:239-252-2504 COl l ier Cou n
Mobile:239-398-9621
3339 Tamiami Trail East, Suite 302 CIO
Naples, FL 34112 [� X
Kari.Hodgson(a�collier.gov
2
7A
My email address has changed. Effective immediately, please update your contact
list to use this new address: Kari.Hodgson(a�collier.gov
From: Wanda Rodriguez<Wanda.Rodriguez@collier.gov>
Sent: Wednesday, December 17, 2025 4:50 PM
To: Kari Hodgson<Kari.Hodgson@collier.gov>
Subject: RE: 25-SDW-00310 ROW Permit Regulation - Excavator Damage:
Kari,
Please review the attached legal ad and advise if approved for publication. Thank you,
Wanda Rodriguez, MCP, CPNl
Office of the County Attorney
(239) 252-8400
ctRTIF/Fo
dr
ACP n I?m coweicourr6
4 SINCE w
Certified PuWk M.vnagr• 2005
ir
My email address has changed. Effective immediately, please update your contact list to use this new
address: wanda.rodriguez(a�collier.gov
From: Courtney DaSilva <Courtney.DaSilva@collier.gov>
Sent: Wednesday, December 17, 2025 4:37 PM
To: Wanda Rodriguez<Wanda.Rodriguez@collier.gov>; Kari Hodgson <Kari.Hodgson@collier.gov>
Subject: RE: 25-SDW-00310 ROW Permit Regulation - Excavator Damage:
Hi Wanda,
Please find attached the revised BIE. Thank you!
Courtney L. DaSilva
Assistant County Attorney
Collier County Attorney's Office
(239) 252-8471
Courtney.DaSilva@collier.gov
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
3
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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
commencing at 9:00 a.m.on January 13,2026, in the Board of County Commissioners meeting room, Third floor,
Collier Government Center,3299 East Tamiami Trail,Naples,FL,to consider:
AN ORDINANCE AMENDING ORDINANCE NO.2003-37,AS AMENDED; PROVIDING
FOR REVISIONS TO THE PURPOSE, DEFINITIONS, AND PERMIT SECTIONS;
PROVIDING FOR REGULATIONS REGARDING EXCAVATION WITHIN THE RIGHT-
OF-WAY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
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 the
agenda item to be addressed.Individual speakers will be limited to 3 minutes on any item.The selection of an individual
to speak on behalf of an organization or group is encouraged.If recognized by the Chairman,a spokesperson for a group
or organization may be allotted 10 minutes to speak on an item. Written materials intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of 7 days prior to the public hearing.All materials
used in presentations before the Board will become a permanent part of the record.
As part of an ongoing initiative to encourage public involvement,the public will have the opportunity to provide public
comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely
should register through the link provided within the specific event/meeting entry on the Calendar of Events on the
County website at www.collier.gov/Calendar-Events-directory after the agenda is posted on the County website.
Registration should be done in advance of the public meeting or any deadline specified within the public meeting notice.
Individuals who register will receive an email in advance of the public hearing detailing how they can participate
remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not
responsible for technical issues.For additional information about the meeting,please call Geoffrey Willig at 252-8369
or email to Geoffrey.Willig(a collier.gov.
Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto
and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony
and evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are
entitled,at no cost to you,to the provision of certain assistance.Please contact the Collier County Facilities Management
Division, located at 3335 Tamiami Trail East, Suite 101,Naples, FL 34112-5356, (239)252-8380, at least two 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
BURT L. SAUNDERS,CHAIRMAN
CRYSTAL K.KINZEL,
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
BCC 01/13/2026
Right-of-Way Ordinance 7 A
Notice & BIE G0LLII:6
Business Impact Estimate
This form should be included in the agenda packet for the item under which the proposed
ordinance is to be considered and must be posted on the County's website by the time notice of
the proposed ordinance is published.
Published on County website by: 12/23/2025 [expected legal advertising date]
Proposed ordinance's Short Title:
AN ORDINANCE AMENDING ORDINANCE NO. 2003-37, AS AMENDED; PROVIDING
FOR REVISIONS TO THE PURPOSE, DEFINITIONS, AND PERMIT SECTIONS;
PROVIDING FOR REGULATIONS REGARDING EXCAVATION WITHIN THE RIGHT-
OF-WAY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
This Business Impact Estimate is provided in accordance with section 125.66(3), Florida
Statutes. If one or more boxes are checked below, this means the County is of the view
that a business impact estimate is not required by state law' for the proposed ordinance,
but the County is, nevertheless, providing this Business Impact Estimate as a courtesy
and to avoid any procedural issues that could impact the enactment of the proposed
ordinance. This Business Impact Estimate may be revised following its initial posting.
❑ The proposed ordinance is required for compliance with Federal or State law or
regulation;
❑ The proposed ordinance relates to the issuance or refinancing of debt;
❑ The proposed ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
❑ The proposed ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the county government;
❑ The proposed ordinance is an emergency ordinance;
El The ordinance relates to procurement; or
❑ The proposed ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders, development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
1 See Section 125.66(3)(c), Florida Statutes.
1
c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or 7 A
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
In accordance with the provisions of controlling law, even notwithstanding the fact that
an exemption noted above may apply, the County hereby publishes the following
information:
1. Summary of the proposed ordinance (must include a statement of the public purpose,
such as serving the public health, safety, morals and welfare):
The public purpose is to protect critical infrastructure that provides essential
services such as potable water and wastewater that provide for public health and
welfare and that located in the right-of-way, from damage, and ensure any repair
costs are not passed on to rate payers.
2. An estimate of the direct economic impact of the proposed ordinance on private, for-
profit businesses in the County, if any:
(a) An estimate of direct compliance costs that businesses may reasonably incur;
(b) Any new charge or fee imposed by the proposed ordinance or for which businesses
will be financially responsible; and
(c) An estimate of the County's regulatory costs, including estimated revenues from any
new charges or fees to cover such costs.
Businesses applying for right-of-way permits will be required to provide a bond,
except for right-of-way permits for single-family residential driveway
improvements.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
ordinance:
Any contractor applying for a right-of-way permit. Varies by year.
4. Additional information the governing body deems useful (if any):
[You may wish to include in this section the methodology or data used to prepare the Business
Impact Estimate. For example: County staff solicited comments from businesses in the County
as to the potential impact of the proposed ordinance by contacting the chamber of commerce,
social media posting, direct mail or direct email, posting on County website, public workshop, etc.
You may also wish to include efforts made to reduce the potential fiscal impact on businesses.
You may also wish to state here that the proposed ordinance is a generally applicable ordinance
that applies to all persons similarly situated(individuals as well as businesses) and, therefore, the
proposed ordinance does not affect only businesses).]
County staff solicited comments from businesses (i.e., FPL, TECO) as to the potential
impact of the proposed ordinance by contacting major right-of-way users, as these
companies are not only installers that have the potential to damage assets in the right-of-
way, they also are have assets in the right-of-way and damage to their assets, also
causes customer financial impact.
2
v
1 7 A
ORDINANCE NO. 2025-
AN ORDINANCE AMENDING ORDINANCE NO. 2003-37, AS
AMENDED; PROVIDING FOR REVISIONS TO THE
PURPOSE, DEFINITIONS, AND PERMIT SECTIONS;
PROVIDING FOR REGULATIONS REGARDING
EXCAVATION WITHIN THE RIGHT-OF-WAY; PROVIDING
FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE COLLIER COUNTY CODE OF LAWS
AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, in 1977, Collier County first established a set of standards to regulate and
require consistency and quality of workmanship and materials for construction activities within
the County right-of-way, which standards were updated in 1982, 1989, 1993, 2003 and 2009; and
WHEREAS, the Board of County Commissioners (Board) enacted Ordinance No. 2003-
37,as amended,cited in Chapter 110,Article II of the Collier County Code and Ordinances,which
Ordinance, among other things, concerns the regulation of private construction in Public Rights-
of-Way; and
WHEREAS, the County has incurred significant monetary damage resulting from third
party contractors performing excavation work in the County Rights-of-Way and damaging County
property resulting in repair costs to the County and temporary loss of essential services to County
customers; and
WHEREAS, Section 556.111, Florida Statutes, authorizes the Board to enact reasonable
rules and regulations relating to its Public Rights-of-Way; and
WHEREAS, Section 337.401, Florida Statutes, further authorizes the Board to enact and
enforce reasonable rules and regulations with reference to the placing and maintaining of utilities
along, across, or on any road and may grant to a resident or corporation organized or licensed in
Florida the use of the right-of-way in accordance with said rules and regulations; and
WHEREAS, it is necessary to implement reasonable rules and regulations regarding work
performed in the County owned right-of-way to protect the health, safety, and welfare of County
citizens; and
WHEREAS, the Board deems this Ordinance to be in the best interest of the citizens of
the County.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Ordinance No. 03-27,as amended,and as codified in article II Construction
in Public Rights-of-Way, Sections 110-26 through 110-35 of the Code of Laws and Ordinances of
[25-SDW-00310/1990902/1]87 Page 1 of 8
Words underlined are added; Words struck through are deleted.
7A
Collier County, Florida, is hereby amended as follows:
Sec. 110-26. Purpose
This article is to protect the public against hazards resulting from private construction in the
public right-of-way, and to protect the structural and physical integrity of Collier County-owned
or Collier County-controlled public road right-of-way facilities and materials including and not
limited to roads, soils, bridges, sidewalks, signs, wellheads,and/or drainage facilities.-, and protect
the public from the interruption of services resulting from damage to an underground facility
caused by excavation operations in the public right-of-way.
********************************
Sec. 110-27. Definitions
County: Means the �spert t e c n' o o� a Ce
Community Development and Environmental Services Division Collier County Growth
Management Community Development Department, the Collier County Transportation
Management Services Department, the Collier County Public Utilities Department (the
"Departments"), and any other division or department of Collier County needed to assist the-said
services division Departments in enforcement of this Ordinance.
Excavate or Excavation: Means any manmade cut, cavity, trench, or depression in the earth's
surface, formed by removal of earth, intended to change the grade or level of land, or intended to
penetrate or disturb the surface of the earth, including land beneath the waters of the state, as
defined in Section 373.019(22), Florida Statutes, and the term includes pipe bursting and
directional drilling or boring from one point to another point beneath the surface of the earth, or
other trenchless technologies.
Existing Facility: Means any construction, excavation, obstruction, hole, or other change to the
then existing structure and/or compaction of soil in any public right-of-way commenced prior to
the adoption of this Ordinance, for which a Collier County right-of-way construction permit has
not been granted.
Offending Material: Means any object placed, constructed, or grown in any public right-of-way
with or without a Collier County permit and that may endanger any person, damage the right-of-
way, restrict existing or planned drainage, or impair normal maintenance.
Responsible Party: Means the individual, person, firm, private or governmental entity,
corporation, association, department or authority under whose control, authorization, or direction
[25-SDW-003 1 0/1 990902/1]87 Page 2 of 8
Words underlined are added; Words struck through are deleted.
7A .4
any offending material has been placed, constructed or grown in any Collier County right-of-way,
including any right-of-way under such control of Collier County. Whenever the true identity of
any such responsible party remains unknown after diligent inquiry, "Responsible Party"shall then
include all owners of the fee title to the real property upon or over which the offending material
has been placed.
Sec. 110-31. Permits
A. It shall be unlawful for any Responsible Party to dig, excavate, obstruct, or place any
construction or other material, or perform any other work which disturbs the existing structure
and/or compaction of soil in any right-of-way provided for public use in Collier County, including
any public right-of-way maintained by Collier County within the boundaries of any municipal
corporation,without first obtaining a permit for such work from the Collier County Transportation
Operations Department County as specified herein or in the Handbook as defined in Section 110-
28. In addition, it shall be unlawful for any Responsible Party to park in any right-of-way provided
for public use in Collier County, unless otherwise authorized.
B. Application for each permit shall be made on forms provided by the County. Such application
shall include, the following information:
1. The precise physical location of the construction.
2. The total linear feet of the proposed work area.
2 3. The type of facility to be constructed.
3-4. The method of construction to be used.
4. 5. The expected time schedule for completion of construction.
5- 6. Sketches and drawings in duplicate to completely depict the nature of all the proposed
construction.
6: 7. All other information required in the Handbook.
8. The number of active right-of-way permits issued by the County to the applicant.
9. If applicable, the name and contact information for the subcontractor hired by the applicant
to perform the work.
7, 10. Additional information as may reasonably be required by the County due to unique
conditions of the project or the permit requested, for example, a lane closure permit differs
significantly from an overweight or oversize permit.
C. The permittee shall be responsible for all conditions of the permit and to pay the applicable
permit fee then established by resolution of the Board of County Commissioners (the Board).
D. The Collier County Transportation Operations Department County may take any of the
following actions on a permit application:
1. Approve the permit based on the application as submitted.
[25-SDW-00310/1990902/1]87 Page 3 of 8
Words underlined are added; Words struck through are deleted.
7A
2. Deny the permit based on insufficient information or site-specific information and
or data inconsistent with the requirements of the liHandbook or the Collier County
Land Development Code (LDC), or a violation of the conditions described in this
Ordinance, any other applicable County Ordinances, federal or state law.
3. Issue a notice of intent to issue a permit valid for up to one year, based on the
applicant's proposed time frame for construction within the right-of-way. If work
will not begin within 30 calendar days of the date on which a permit would
otherwise be issued, then such notice of intent shall be issued in lieu of the actual
permit. Upon reactivation of the permit application by the applicant, the
County will review the application to assure
that no conditions have changed and either issue the permit or revise any site-
specific stipulations to the permit prior to issuance.
E. If the County denies the issuance of
suspends, or revokes such a permit, the applicant may appeal by filing a written notice of appeal
with ounty clerk) Collier County Special Magistrate, not later than
ten working days after the effective date of the notice of denial. The beard Special Magistrate will
hear the appeal within 90 30 days from the date of the written notice of appeal at a regularly
scheduled board meeting. The appellant may appear before the board Special Magistrate; the
decision of the beard Special Magistrate shall be final.
F. No permit shall be issued unless the proposed construction conforms to the then current edition
of the following referenced publications. In the case of conflict or inconsistency, the more
restrictive rule shall apply.
1. The hHandbook.
2. Construction methods or specifications contained in Florida Department of
Transportation(FDOT) Standard Specifications for Road and Bridge Construction,
and the most current FDOT Road Design Standards, Construction, Maintenance
and Utility Operations on the State Highway System.
3. The most current FDOT Manual of Uniform Minimum Standards for Design,
Construction and Maintenance for Streets and Highways.
4. Collier County Land Development Code (LDC, unless exempt under the existing
LDC or current Florida Statutory law).
5. Collier County Maintenance of Traffic Policy (CMA Instruction 5807, latest
revision).
If standards for the proposed construction are not contained in these references,the Collier County
Department County may impose additional conditions and/or stipulations, including as to
sidewalks/bikeways, traffic control devices, and roadway improvements as part of the permit for
the proposed construction.
[25-SDW-003 1 0/1 990902/1]87 Page 4 of 8
Words underlined are added; Words strucli-t-hr-eugh are deleted.
j7A
G. All work performed under any Collier County permit shall be at the expense of the permittee
and at no expense to Collier County.
H. The Collier County Transportation Operations Department County may suspend or revoke a
permit whenever any stipulation and/or condition of the permit is not being fully and promptly
complied with, or when deemed essential by Collier County to protect the physical safety of the
public.
I. The County may also deny, suspend, or revoke all active permits where the permittee, or the
permittee's subcontractor, has caused damage to County property while performing work under
an issued permit. The County will send the permittee the invoice for the repair of damaged County
property upon the County's receipt of the invoice. The County will restore the permittee's
suspended and/or revoked permits after the permittee reimburses the County for damage to the
County's property.
J. The County shall have the authority to observe work in the County owned right-of-way and
issue stop work orders for any practices that the County Manager, or designee, deems in violation
of this Ordinance, any other or applicable County Ordinance, federal or state law. The permittee
shall have ten (10) days to cure the violation from the date of notice. If the permittee fails to cure
the violation within 10 days, then the County may revoke the permit.
The following new section is hereby added to Ordinance Number 2003-37, as amended:
SEC.110-33: EXCAVATION WITHIN THE RIGHT-OF-WAY
Excavation activities within the public right-of-way shall also be subject to the following
requirements:
1. The permittee shall comply with the Underground Facility Damage Prevention and Safety
Act set forth in Chapter 556, Florida Statutes (2000), as it may be amended.
2. In addition to the requirements set forth in Section 556.105, Florida Statutes,the permittee
shall provide the Sunshine State 811-Call of Florida operator with the permit number
issued by the County covering the proposed excavation work.
3. The County, as a condition precedent to the issuance of a permit for excavation activities
within the right-of-way, shall require the applicant to secure a bond at the applicant's sole
cost and expense as follows:
a. The bond shall be in an amount as determined by the County Manager,or designee,
in their sole discretion; and, unless otherwise required by the County Manager, or
designee, the amount of the bond shall be a minimum of$50,000.00.
[25-SDW-003 1 0/1 990902/1]87 Page 5 of 8
Words underlined are added; Words struck through are deleted.
jA
b. The bond shall indemnify the County and private property owners against any
damage caused by the permittee, including the permittee's subcontractors, while
performing an excavation within the right-of-way.
c. The bond shall remain in effect for one (1) year after the satisfactory completion
of the permitted work. At the conclusion of one (1) year after the satisfactory
completion of the permitted work, the Board of County Commissioners is
authorized to release the bond only after verification by the County staff that there
is no claim for damages to County property within the right-of-way.
d. Each right-of-way bond may secure no more than ten right-of-way permits at any
given time. Once a permit is issued and assigned to a specific bond, that permit
shall count toward the ten-permit maximum for the duration of the bond's lifecycle,
regardless of whether any work has commenced. Permits assigned to a bond may
not be substituted, exchanged, or replaced with any other permit after issuance.A
permit canceled by the permittee before any work has begun shall continue to count
toward the ten-permit allocation for that bond and shall not be replaced with
another permit. If the permittee submits applications for additional right-of-way
permits that would exceed the ten-permit limit of an existing bond, the permittee
shall provide an additional bond meeting the requirements of this section prior to
issuance of any additional permits. The County shall not issue more than ten right-
of-way permits secured under a single bond.
e. If a bond securing one or more right-of-way permits expires, is canceled, becomes
inactive, or is otherwise withdrawn, all right-of-way permits secured by that bond
shall be automatically deemed suspended or inactive as of the date the bond
becomes inactive. No work may continue under any suspended or inactive permit,
and no new right-of-way permits shall be issued to the permittee until acceptable
replacement security is provided and verified by the County.
f. If any right-of-way permit secured by a bond expires without completion, or if the
permittee is issued a written notice of violation and fails to initiate corrective action
within the timeframe specified by the County, all other active right-of-way permits
secured by that bond shall be automatically suspended until the violation is
corrected or acceptable replacement security is provided.
g_ The bond shall be from a surety company authorized to do business in the State of
Florida and shall meet the requirements of the Department of the Treasury Fiscal
Service, "Companies Holding Certificates of Authority as Acceptable Sureties on
Federal Bonds and as Acceptable Reinsurance Companies."
h. An irrevocable letter of credit from a financial institution operating within Collier
County, Florida (or other alternative forms of surety as permitted under Florida
law) or cash bond may be sufficient in place of the bond.
i. All such bonds, letters of credit, or cash bonds shall be approved as to form by the
County Attorney and held by the Clerk's Board Minutes and Records Department.
[25-SDW-00310/1990902/1]87 Page 6 of 8
Words underlined are added; Words struck through are deleted.
7A
L The bond requirements in this section shall not apply to right-of-way permits for
single-family residential driveway improvements.
4. The County, water and sewer districts, and municipality-owned shall be exempt from the
bonding requirements described in paragraph 3. of this section.
The following Sections of Ordinance 2003-37 are hereby renumbered as follows:
SECTION110 33 110-34. RULE OF CONSTRUCTION OF THIS ORDINANCE.
**********************************************
SECTION 110 3/ 110-35. CONFLICT AND SEVERABILITY.
**********************************************
SECTION 100 35 110-36. PENALTIES.
**********************************************
Except as renumbered, these sections remain otherwise unchanged.
SECTION TWO: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Florida Department of State except
for the bond requirements outlined in Section 110-33(3.) which shall be effective on March 1,
2026.
[25-SDW-00310/1990902/1]87 Page 7 of 8
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v -
17A
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this day of , 2025.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K. Kinzel, Clerk of Courts COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk Burt L. Saunders, Chairman
Approved as to form and legality:
Jeffrey A. Klatzkow, County Attorney
[25-SDW-00310/1990902/1]87 Page 8 of 8
Words underlined are added; Words struck through are deleted.
v
.1 7 A
G`ion coukl,Q
a ...kA Clerk of the Circuit Court and Comptroller - Crystal K. Kinzel
LI - Collier County, Florida
3315 Tamiami Trail East, Ste. 102 - Naples, FL 34112-5324
no `oi Phone: (239) 252-2646
On behalf of the Solid Waste Division
Publication Confirmation Notice and BIE
COLLIER COUNTY STATE OF FLORIDA
The attached copy of advertisement,
Right-of-Way Ordinance-BCC 1/13/2026 was published
on the publicly accessible website
https://notices.collierclerk.com as designated by Collier
County, Florida on 12/23/2025.
THIS IS NOT AN AFFIDAVIT OF PUBLICATION.
-
.y 7 A
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
commencing at 9:00 a.m. on January 13, 2026, in the Board of County Commissioners meeting room, Third floor,
Collier Government Center,3299 East Tamiami Trail,Naples,FL,to consider:
AN ORDINANCE AMENDING ORDINANCE NO.2003-37,AS AMENDED; PROVIDING
FOR REVISIONS TO THE PURPOSE, DEFINITIONS, AND PERMIT SECTIONS;
PROVIDING FOR REGULATIONS REGARDING EXCAVATION WITHIN THE RIGHT-
OF-WAY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
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 the
agenda item to be addressed.Individual speakers will be limited to 3 minutes on any item.The selection of an individual
to speak on behalf of an organization or group is encouraged.If recognized by the Chairman,a spokesperson for a group
or organization may be allotted 10 minutes to speak on an item. Written materials intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of 7 days prior to the public hearing.All materials
used in presentations before the Board will become a permanent part of the record.
As part of an ongoing initiative to encourage public involvement,the public will have the opportunity to provide public
comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely
should register through the link provided within the specific event/meeting entry on the Calendar of Events on the
County website at www.collier.gov/Calendar-Events-directory after the agenda is posted on the County website.
Registration should be done in advance of the public meeting or any deadline specified within the public meeting notice.
Individuals who register will receive an email in advance of the public hearing detailing how they can participate
remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not
responsible for technical issues.For additional information about the meeting,please call Geoffrey Willig at 252-8369
or email to Geoffrey.Willig a,collier.gov.
Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto
and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony
and evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are
entitled,at no cost to you,to the provision of certain assistance.Please contact the Collier County Facilities Management
Division, located at 3335 Tamiami Trail East, Suite 101,Naples, FL 34112-5356, (239) 252-8380,at least two 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
BURT L. SAUNDERS,CHAIRMAN
CRYSTAL K.KINZEL,
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
"CO(ikl, 7 A
c'.
s o Clerk of the Circuit Court and Comptroller - Crystal K. Kinzel
e; Collier County, Florida
3315 Tamiami Trail East, Ste. 102 - Naples, FL 34112-5324
o Phone: (239) 252-2646
l/Fk v-•°-
On behalf of the Solid Waste Division
Publication Confirmation Notice&BIE
COLLIER COUNTY STATE OF FLORIDA
The attached copy of advertisement,
BIE -Right-of-Way Ordinance-BCC 1/13/2026 was
published on the publicly accessible website
https://notices.collierclerk.com as designated by Collier
County, Florida on 12/23/2025.
THIS IS NOT AN AFFIDAVIT OF PUBLICATION.
GotL,�. 7 A
�ura� •
OUN'�
Business Impact Estimate
This form should be included in the agenda packet for the item under which the proposed
ordinance is to be considered and must be posted on the County's website by the time notice of
the proposed ordinance is published.
Published on County website by: 12/23/2025 [expected legal advertising date]
Proposed ordinance's Short Title:
AN ORDINANCE AMENDING ORDINANCE NO. 2003-37, AS AMENDED; PROVIDING
FOR REVISIONS TO THE PURPOSE, DEFINITIONS, AND PERMIT SECTIONS;
PROVIDING FOR REGULATIONS REGARDING EXCAVATION WITHIN THE RIGHT-
OF-WAY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
This Business Impact Estimate is provided in accordance with section 125.66(3), Florida
Statutes. If one or more boxes are checked below, this means the County is of the view
that a business impact estimate is not required by state law' for the proposed ordinance,
but the County is, nevertheless, providing this Business Impact Estimate as a courtesy
and to avoid any procedural issues that could impact the enactment of the proposed
ordinance. This Business Impact Estimate may be revised following its initial posting.
❑ The proposed ordinance is required for compliance with Federal or State law or
regulation;
❑ The proposed ordinance relates to the issuance or refinancing of debt;
❑ The proposed ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
❑ The proposed ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the county government;
❑ The proposed ordinance is an emergency ordinance;
❑ The ordinance relates to procurement; or
❑ The proposed ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders, development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
1 See Section 125.66(3)(c), Florida Statutes.
1
c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or i 7 A
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
In accordance with the provisions of controlling law, even notwithstanding the fact that
an exemption noted above may apply, the County hereby publishes the following
information:
1. Summary of the proposed ordinance (must include a statement of the public purpose,
such as serving the public health, safety, morals and welfare):
The public purpose is to protect critical infrastructure that provides essential
services such as potable water and wastewater that provide for public health and
welfare and that located in the right-of-way, from damage, and ensure any repair
costs are not passed on to rate payers.
2. An estimate of the direct economic impact of the proposed ordinance on private, for-
profit businesses in the County, if any:
(a) An estimate of direct compliance costs that businesses may reasonably incur;
(b) Any new charge or fee imposed by the proposed ordinance or for which businesses
will be financially responsible; and
(c) An estimate of the County's regulatory costs, including estimated revenues from any
new charges or fees to cover such costs.
Businesses applying for right-of-way permits will be required to provide a bond,
except for right-of-way permits for single-family residential driveway
improvements.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
ordinance:
Any contractor applying for a right-of-way permit. Varies by year.
4. Additional information the governing body deems useful (if any):
[You may wish to include in this section the methodology or data used to prepare the Business
Impact Estimate. For example: County staff solicited comments from businesses in the County
as to the potential impact of the proposed ordinance by contacting the chamber of commerce,
social media posting, direct mail or direct email, posting on County website, public workshop, etc.
You may also wish to include efforts made to reduce the potential fiscal impact on businesses.
You may also wish to state here that the proposed ordinance is a generally applicable ordinance
that applies to all persons similarly situated(individuals as well as businesses) and, therefore, the
proposed ordinance does not affect only businesses).]
County staff solicited comments from businesses (i.e., FPL, TECO) as to the potential
impact of the proposed ordinance by contacting major right-of-way users, as these
companies are not only installers that have the potential to damage assets in the right-of-
way, they also are have assets in the right-of-way and damage to their assets, also
causes customer financial impact.
2
`4CvtT co�RT � 7 A
44�� oar
° Ao Clerk of the Circuit Court and Comptroller - Crystal K. Kinzel
Collier County, Florida
3315 Tamiami Trail East, Ste. 102 - Naples, FL 34112-5324
Pe,
�* Phone: (239) 252-2646
ti
lllER courrct, 4
On behalf of the Solid Waste Division
Affidavit of Publication Notice and BIE
COLLIER COUNTY STATE OF FLORIDA
Before the undersigned authority personally appeared
Jennifer Hansen,who on oath says that he or she is a
Deputy Clerk of the Circuit Court of Collier County,
Florida; that the attached copy of advertisement,
Right-of-Way Ordinance-BCC 1/13/2026 was published
on the publicly accessible website
https://notices.collierclerk.com as designated by Collier
County, Florida on 12/23/2025 until 01/15/2026.
Affiant further says that the website complies with all
legal requirements for publication in chapter 50, Florida
Statutes.
(Affiant ignature)
•
(Afnant Printed,Name)
Sworn to and subscribed before me this 01/15/2026
r i. 0 .
0 c, Crystal K. Kinzel Clerk of the Circuit Court&
_? Cgmptro-ller
QG
(Deputy Clerk Signature)
SL-epinni'e Alari-''one z ,/I51Z6
(Deputy Clerk Printed Name) Date
y 7A
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
commencing at 9:00 a.m. on January 13, 2026, in the Board of County Commissioners meeting room, Third floor,
Collier Government Center,3299 East Tamiami Trail,Naples,FL,to consider:
AN ORDINANCE AMENDING ORDINANCE NO.2003-37,AS AMENDED; PROVIDING
FOR REVISIONS TO THE PURPOSE, DEFINITIONS, AND PERMIT SECTIONS;
PROVIDING FOR REGULATIONS REGARDING EXCAVATION WITHIN THE RIGHT-
OF-WAY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
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 the
agenda item to be addressed.Individual speakers will be limited to 3 minutes on any item.The selection of an individual
to speak on behalf of an organization or group is encouraged.If recognized by the Chairman,a spokesperson for a group
or organization may be allotted 10 minutes to speak on an item. Written materials intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of 7 days prior to the public hearing.All materials
used in presentations before the Board will become a permanent part of the record.
As part of an ongoing initiative to encourage public involvement,the public will have the opportunity to provide public
comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely
should register through the link provided within the specific event/meeting entry on the Calendar of Events on the
County website at www.collier.gov/Calendar-Events-directory after the agenda is posted on the County website.
Registration should be done in advance of the public meeting or any deadline specified within the public meeting notice.
Individuals who register will receive an email in advance of the public hearing detailing how they can participate
remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not
responsible for technical issues. For additional information about the meeting,please call Geoffrey Willig at 252-8369
or email to Geoffrey.Willig(a,collier.gov.
Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto
and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony
and evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are
entitled,at no cost to you,to the provision of certain assistance.Please contact the Collier County Facilities Management
Division, located at 3335 Tamiami Trail East, Suite 101,Naples, FL 34112-5356, (239)252-8380, at least two 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
BURT L. SAUNDERS,CHAIRMAN
CRYSTAL K.KINZEL,
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
� CVIT COURT
C,4
a4r 7 A
Ao Clerk of the Circuit Court and Comptroller - Crystal K. Kinzel
gr Collier County, Florida
3315 Tamiami Trail East, Ste. 102 - Naples, FL 34112-5324
o �� Phone: (239) 252-2646
l`et,COUN ,,tp
C1
On behalf of the Solid Waste Division
Affidavit of Publication Notice&BIE
COLLIER COUNTY STATE OF FLORIDA
Before the undersigned authority personally appeared
Jennifer Hansen,who on oath says that he or she is a
Deputy Clerk of the Circuit Court of Collier County,
Florida; that the attached copy of advertisement,
BIE-Right-of-Way Ordinance-BCC 1/13/2026 was
published on the publicly accessible website
https://notices.collierclerk.com as designated by Collier
County, Florida on 12/23/2025 until 01/15/2026.
Affiant further says that the website complies with all
legal requirements for publication in chapter 50, Florida
Statutes.
( �l t Si nature)
•' N- 17 4i,oc
' (Affiant Printed I'Tme)
•-S S�y)oi 2 t))rie subtribed before me this 01/15/2026
) �,'ci tat I -Kirizel Clerk of the Circuit Court&
c_i CompioU,`,r„ o,
......
(deputy'Clerk•Signature)
bfe-fivtn hlGc 3 nec 1/15l z0
(Deputy Clerk Printed Name) Date
pLLlt. 7 A
Business Impact Estimate
This form should be included in the agenda packet for the item under which the proposed
ordinance is to be considered and must be posted on the County's website by the time notice of
the proposed ordinance is published.
Published on County website by: 12/23/2025 [expected legal advertising date]
Proposed ordinance's Short Title:
AN ORDINANCE AMENDING ORDINANCE NO. 2003-37, AS AMENDED; PROVIDING
FOR REVISIONS TO THE PURPOSE, DEFINITIONS, AND PERMIT SECTIONS;
PROVIDING FOR REGULATIONS REGARDING EXCAVATION WITHIN THE RIGHT-
OF-WAY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
This Business Impact Estimate is provided in accordance with section 125.66(3), Florida
Statutes. If one or more boxes are checked below, this means the County is of the view
that a business impact estimate is not required by state law' for the proposed ordinance,
but the County is, nevertheless, providing this Business Impact Estimate as a courtesy
and to avoid any procedural issues that could impact the enactment of the proposed
ordinance. This Business Impact Estimate may be revised following its initial posting.
❑ The proposed ordinance is required for compliance with Federal or State law or
regulation;
❑ The proposed ordinance relates to the issuance or refinancing of debt;
❑ The proposed ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
❑ The proposed ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the county government;
❑ The proposed ordinance is an emergency ordinance;
❑ The ordinance relates to procurement; or
❑ The proposed ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders, development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
1 See Section 125.66(3)(c), Florida Statutes.
1
c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or 1 7 A
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
In accordance with the provisions of controlling law, even notwithstanding the fact that
an exemption noted above may apply, the County hereby publishes the following
information:
1. Summary of the proposed ordinance (must include a statement of the public purpose,
such as serving the public health, safety, morals and welfare):
The public purpose is to protect critical infrastructure that provides essential
services such as potable water and wastewater that provide for public health and
welfare and that located in the right-of-way, from damage, and ensure any repair
costs are not passed on to rate payers.
2. An estimate of the direct economic impact of the proposed ordinance on private, for-
profit businesses in the County, if any:
(a) An estimate of direct compliance costs that businesses may reasonably incur;
(b) Any new charge or fee imposed by the proposed ordinance or for which businesses
will be financially responsible; and
(c) An estimate of the County's regulatory costs, including estimated revenues from any
new charges or fees to cover such costs.
Businesses applying for right-of-way permits will be required to provide a bond,
except for right-of-way permits for single-family residential driveway
improvements.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
ordinance:
Any contractor applying for a right-of-way permit. Varies by year.
4. Additional information the governing body deems useful (if any):
[You may wish to include in this section the methodology or data used to prepare the Business
Impact Estimate. For example: County staff solicited comments from businesses in the County
as to the potential impact of the proposed ordinance by contacting the chamber of commerce,
social media posting, direct mail or direct email, posting on County website, public workshop, etc.
You may also wish to include efforts made to reduce the potential fiscal impact on businesses.
You may also wish to state here that the proposed ordinance is a generally applicable ordinance
that applies to all persons similarly situated(individuals as well as businesses) and, therefore, the
proposed ordinance does not affect only businesses).]
County staff solicited comments from businesses (i.e., FPL, TECO) as to the potential
impact of the proposed ordinance by contacting major right-of-way users, as these
companies are not only installers that have the potential to damage assets in the right-of-
way, they also are have assets in the right-of-way and damage to their assets, also
causes customer financial impact.
2