Ordinance 2014-18 ORDINANCE NO. 2014 - 1 8
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2002-63,
AS AMENDED, KNOWN AS THE CONSERVATION COLLIER
IMPLEMENTATION ORDINANCE, IN ORDER TO MODIFY THE
ROLE OF THE LAND ACQUISITION ADVISORY COMMITTEE;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on Tuesday, November 5, 2002, the electorate of Collier County authorized
a levy of 0.25 mill ad valorem property tax for a period of not to exceed 10 (ten years, for
acquisition, protection, restoration, and, management of environmentally sensitive lands in
Collier County for the benefit of present and future generations; and
WHEREAS, accordingly, the Board of County Collier County Commissioners (Board)
adopted Ordinance No. 2002-63, The Conservation Collier Implementation Ordinance, which
established the Conservation Collier Program and its Land Acquisition Advisory Committee; and
WHEREAS, Conservation Collier is not currently engaged in an ongoing acquisition
phase; and
WHEREAS, the Board wishes to amend Section 8 of The Conservation Collier
Implementation Ordinance in order to modify the role of the Land Acquisition Advisory
Committee to allow them to review and make recommendations to the Board on the management
and programs of the preserved land.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION 8 OF ORDINANCE NO. 2002-63, AS
AMENDED.
Section 8 of Ordinance No. 2002-63, as amended, is hereby amended as follows:
Section 8 - Land Acquisition Advisory Committee.
1. Creation and purpose. The Land Acquisition Advisory Committee is hereby established
to assist the Board of County Commissioners in establishing an Active Properties Acquisition
List with qualified purchase recommendations consistent with the goals of Conservation Collier.
When active acquisition phases are not in place, the land acquisition committee's role shall be to
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review and make recommendations to the Board on the management and programs of the
preserved land.
2. Appointment and composition. The land acquisition advisory committee shall be
composed of nine (9) members who are appointed by and will serve at the pleasure of the Board
of County Commissioners in accordance with Ordinance No. 2001-55. Membership of The
Land Acquisition Advisory Committee shall comprise broad and balanced representation of the
interests of Collier County citizens, including.
a. Environmental, land management, and conservation interests in Collier County.
b. Agricultural and business interests in Collier County.
c. Educational interests in Collier County, and
d. General civic and citizen interests from throughout the county.
Individual members of the land acquisition advisory committee shall have expertise, knowledge
or interest in ecology, conservation of natural resources, real estate or land acquisition, land
appraisal, land management, eco-tourism or environmental education. A nominee shall submit
to the Board of County Commissioners written evidence of his or her expertise, knowledge or
interest in any of the above. The members of this committee should include representatives from
different areas of Collier County.
3. Terms of office. The initial terms of office of the members shall be staggered between
the individual interests, for balance purposes, and be set as follows:
a. Three (3) members shall serve three (3) years.
b. Three (3) members shall serve two (2) years.
c. Three (3) members shall serve one (1) year.
Thereafter, all appointments shall be for a term of three (3) years. The process for
appointments and terms of office shall be governed by Collier County Ordinance No. 2001-55,
as amended.
4. Officers, Quorum and Rules of Procedure. At its earliest opportunity, the membership of
the Committee shall elect a chairperson and vice chairperson from among the members.
Officers'terms shall be for a period of one (1) year, with eligibility for reelection.
The presence of five (5) or more members shall constitute a quorum of the Committee
necessary to take action and transact business. The Committee shall, by majority vote of the
entire membership, adopt rules of procedure for the transaction of business. The Land
Acquisition Advisory Committee shall comply with the applicable requirements of the Florida
Sunshine Law, and shall keep a written record of meetings, resolutions, findings and
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determinations in accordance with Chapter 112, Florida Statutes. Copies of all Committee
minutes, resolutions, reports, and exhibits shall be submitted to the Board of County
Commissioners.
5. Attendance and vacancies. Committee member attendance requirements, including
failure to attend meetings and member removal from office are governed by Collier County
Ordinance No. 2001-55, as amended.
6. Functions, Powers and Duties of the Land Acquisition Advisory Committee. The Land
Acquisition Advisory Committee shall have the following duties and responsibilities:
a. The Land Acquisition Advisory Committee's primary responsibility is to
recommend to the Board of County Commissioners an Active Properties Acquisition List with
qualified purchase recommendations consistent with the goals of Conservation Collier and
pursuant to the policies outlined herein below.
b. The Land Acquisition Advisory Committee may, from time to time, recommend
to the Board of County Commissioners proposed expenditures from the Conservation Collier
Trust Funds; additional selection or acquisition policies, procedures, and programs; and other
such matters as may be necessary to fulfill the purposes of Conservation Collier. However, the
goals and primary criteria of Conservation Collier may not be modified except by countywide
referendum vote.
c. The Land Acquisition Advisory Committee shall have no power or authority to
commit Collier County to any policies, to incur any financial obligations or to cream any liability
on the part of the County. The actions and recommendations of the Land Acquisition Advisory
Committee are advisory only and shall not be binding upon the County unless approved or
adopted by the Board of County Commissioners.
d. At such time as there are insufficient uncommitted funds in the Conservation
Collier Acquisition Trust Fund to conclude another acquisition and all acquisition projects have
been closed, the Land Acquisition Advisory Committee shall report to the County Commission
that its business is concluded. All remaining Conservation Collier Acquisition Trust Fund
monies shall then be transferred to the Conservation Collier Management Trust Fund.
Thereafter, unless and until additional funds are appropriated by the Board for the purpose of
acquiring additional Conservation Collier Program acquisitions, the land acquisition advisory
committee shall generally meet on a quarterly basis to review and make recommendations to the
Board as warranted regarding the management and programs of the preserved land.
7. Review of the land acquisition advisory committee. The land acquisition advisory
accordance with the previsions of Section Nine of Collier County Ordinance No. 2001 55, as
aeieilded
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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 become effective upon receipt of notice from the Secretary of State
that this Ordinance has been filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 2.14-k day of o. . , 2014.
ATTEST: BOARD OF COUNTY COMMISSIONERS
'.DWIGHT E. BRO K, Clerk COLLIER COUNTY, F ORIDA
_ , .4g 0 , • c;SC By: 1
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Appro,--d a., t r form and legality: This ordinance filed with the
it k Sect tort' of State's Office the
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Jeffre K .tz� , County Attorney and acknowledge nt of hat
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FLORIDA DEPARTMENT of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
May 30, 2014
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Martha Vergara, Deputy Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 14-18, which was filed in this office on May 30, 2014.
Sincerely,
Liz Cloud
Program Administrator
LC/mrh
Enclosure
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 • Facsimile: (850) 488-9879
www.dos.state.fl.us