Agenda 05/24/2011 Item #16K15/24/2011 Item 16.K.1.
EXECUTIVE SUMMARY
Recommendation to authorize the County Manager or his designee to sign
police affidavits, or other agreements, authorizing the Sheriffs' Office to
issue trespass warnings for unauthorized use of County property.
OBJECTIVE: To obtain approval from the Board of County Commissioners (BCC) to
authorize the County Manager or his designee to sign police affidavits, or other appropriate
agreements, authorizing the Sheriff to issue trespass warnings for unauthorized use of
County property.
CONSIDERATIONS: Due to recent citizen complaints of unlawful ATV use of County
retention pond parcels abutting residential land, action is needed in order to prevent further
unlawful use of these parcels. "No trespassing" signs are often torn down, and have not
been effective as a means of warning those who are engaging in unlawful use of County land
for purposes of the "trespass after warning" statute (see Section 810.09, Florida Statutes).
If the County provides affidavits to, or enters into property owners' agreements with, the
Sheriffs Office, then the Sheriff can issue trespass warnings on the County's behalf to
individuals engaging in unauthorized use of County property.
Rather than requesting separate Board authorization for the Sheriff's Office to issue trespass
warnings every time there is an unlawful use of County property, it is recommended that the
Board authorize the County Manager (or designee) to sign affidavits, or enter into
agreements, for the limited purpose of allowing the Sheriffs Office to issue "no trespassing"
warnings on the County's behalf.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action, and requires a
majority vote for approval. -JW
RECOMMENDATION: That the Board of County Commissioners authorize the County
Manager or his designee to sign police affidavits, or enter into property owners' agreements,
for the limited purpose of authorizing the Sheriff's Office to issue trespass warnings for
unauthorized use of County property.
PREPARED BY: Jeff E. Wright, Assistant County Attorney
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.1.
5/24/2011 Item 16.K.1.
Item Summary: Recommendation to authorize the County Manager or his designee to
sign police affidavits, or other agreements, authorizing the Sheriffs' Office to issue trespass
warnings for unauthorized use of County property.
Meeting Date: 5/24/2011
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
5/2/20114:17:27 PM
Approved By
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 5/3/2011 8:03:50 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/3/20112:59:14 PM
Name: GreenwaldRandy
Title: Management /Budget Analyst,Office of Management & B
Date: 5/6/2011 11:14:12 AM
Name: OchsLeo
Title: County Manager
Date: 5/15/2011 7:02:42 PM
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5/24/2011 Item 16.x.1.
SHERIFF KEVIN J. RAMB 0 SK
Collier County Sheriff's Office
Property Owners' Agreement
We, the undersigned owner(s), being fully aware of our legal and constitutional rights, do individually
and collectively appoint the Deputies of the Collier County Sheriffs Office as follows:
(1) The Sheriff and his Deputies are hereby appointed to act as our authorized agent and issue trespass
warnings or arrest individuals trespassing on our property described below.
(2) The Sheriff and his Deputies have free access to our described property located in Collier County,
Florida in order to seek out and arrest those individuals who may be engaged in illegal activities on the
property.
Further, as the owner / agent in control of the described property, I agree to provide whatever assistance
and testimony is necessary to prosecute individuals trespassing or engaged in other illegal activities on
our property. I agree to advise the Collier County Sheriffs Office prior to any change in ownership or
management.
This agreement will be valid until the day of 20 and is subject to a
yearly renewal upon verification of a need due to "health, safety & welfare" issues. Thirty days before
the expiration of your contract, contact the CCSO requesting a renewal application. Failure to return the
new agreement will result in termination of this contract. Please retain a copy of this form for your
records and return the original completed thoroughly and notarized.
Property Description: (include address(s) and /or street name, with adequate description)
Designated Property Address
Owner /Agent Printed Name Title
Owner /Agent Complete Mailing Address City State Zip
Owner / Agent Signature Phone Numbers
SWORN TO AND SUBSCRIBED BEFORE ME ON THIS DAY OF
20
Notary Public Signature "Per F.S.S. 117.10" Notary Public Seal "Per F.S.S. 117.10"
Please notify the Collier County Sheriff s Office at 239 - 774 -4434 with any changes or updated
infnrmatinn
Community - Safety - Sen'ice
3301 Tarniami Trail East Bldg. J, Naples, FL 34112 -4902
PhnnP 7�A_774.4434
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5/24/2011 Item 16.K.1.
The Collier County Sheriff's Office would like to take this
opportunity to include your business or specific community's
common areas under a Property Owner's Agreement. The
contract would appoint the Sheriffs Office to act as your
authorized agent to issue trespass warnings and apprehend
individuals engaged in illegal activities on and around your
common areas and /or businesses.
This agreement has proved successful in effecting arrests
against subjects involved in criminal activity and warning
others, thus preventing, the possibility of their activities
leading to illegal actions. I think you would agree that
individuals without justification for their presence in and
around your businesses or community have a higher chance
of committing the majority of the crime.
Please review the enclosed contract, complete thoroughly,
notarize and return it in the enclosed envelope.
This agreement is subject to a yearly renewal upon
verification of a need due to "Health, Safety & Welfare"
issues. Thirty days before the expiration of your contract,
contact CCSO requesting a renewal application. Failure to
return the new agreement will result in termination of this
contract.
If you have any questions, please feel free to contact the
Sheriffs Office at 239 - 774 -4434.
"The duty of the Collier County Sheriffs Office is to preserve and protect the
lives, property and constitutional guarantees of all persons."
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