Backup Documents 03/13/2012 Item #11HORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 1 H
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
(Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The
completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on
the item.)
ROUTING SLIP
Complete routing lines #1 through #4 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 #4, complete the
checklist, and forward to Sue Filson (line #5).
Route to Addressee(s)
(List in routing order)
Office
Initials
Date
1.
a ro riate.
(Initial)
Applicable)
2.
March 13, 2012
Agenda Item Number
11H
3.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
4. Jennifer White
County Attorney's Office
Number of Original
2
5. Ian Mitchell, Executive Manager
Board of County Commissioners
Documents Attached
3 Il S 12
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. 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, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Melissa Hennig
Phone Number
252 -2957
Contact
a ro riate.
(Initial)
Applicable)
Agenda Date Item was
March 13, 2012
Agenda Item Number
11H
Ap roved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
Type of Document
Interlocal Agreement
Number of Original
2
Attached
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Documents Attached
INSTRUCTIONS & CHECKLIST
I: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip
WWS Original 9.03.04
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
a ro riate.
(Initial)
Applicable)
1.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
All handwritten strike - through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
—
signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
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!
I: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip
WWS Original 9.03.04
11H
MEMORANDUM
Date: March 19, 2012
To: Melissa Hennig, Environmental Specialist
Facilities Management Department
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Interlocal Agreement with Florida's Fish and Wildlife
Conservation Commission
Attached for your records is one (1) original copy of the document referenced
above, (Item #I III) approved by the Board of County Commissioners on March
13, 2012.
The Minutes & Records Department has retained the second original to be
kept in the Board's Official Records.
If you have any questions please call me at 252 -8411.
Thank you.
Attachments
FWC Contract No. 11071
COOPERATIVE AGREEMENT
BETWEEN 11 H
THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
AND
THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
This Agreement is entered into on - J , 20a, between the COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS, 3335 Tamiami Trail, East, Suite 101, Naples,
Florida 34112, hereafter called COUNTY, THE FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION, 620 South Meridian Street, Tallahassee, Florida 32399-
1600, hereafter called COMMISSION.
WITNESSETH THAT:
WHEREAS, the COUNTY is a political subdivision created by the Florida Legislature
and given those powers and responsibilities enumerated in Chapter 125, Florida Statutes to
include entering into contracts with public agencies, private corporations or other persons; and
WHEREAS, the COUNTY, its successors and assigns, hold title to an undivided ninety -
four point four (94.4%) percent interest to 367.7 acres of land, known as the Caracara Prairie
Preserve, and Corkscrew Regional Ecosystem Watershed Land and Water Trust, Incorporated
(TRUST) holds title to an undivided five point six (5.6 %) percent interest to the Caracara Prairie
Preserve; and
WHEREAS, the COMMISSION is the state entity responsible for protecting and
managing Florida's wildlife and aquatic life; and
WHEREAS, this Agreement is authorized by Chapter 163, Florida Statutes which allows
the parties to make the most efficient use of their governmental powers; and
WHEREAS, any land management activities implemented for the natural communities
identified at the Caracara Prairie Preserve will be the responsibility of the COUNTY, as set forth
in the Interlocal Agreement between the COUNTY and the TRUST (Exhibit "A "); and
WHEREAS, the COUNTY desires to provide recreational opportunities, including
opportunities for hunting, to the public on Caracara Prairie Preserve; and
WHEREAS, the COUNTY deems it necessary, appropriate, and in the public interest to
authorize the COMMISSION to incorporate the Caracara Prairie Preserve into the Corkscrew
Marsh Unit of the Corkscrew Regional Ecosystem Watershed Wildlife and Environmental Area
(CREW WEA), in accordance with the provisions of Chapter 68A, Florida Administrative Code;
and
WHEREAS, the COMMISSION currently manages the Corkscrew Marsh Unit of the
CREW WEA for the purpose of recreational hunting; and
FWC Contract No. 11071 11 H
WHEREAS, the COMMISSION will publish and distribute a pamphlet, example is
attached hereto as Exhibit "B ", a similar pamphlet will be published regularly setting forth the
regulations and dates on which hunting will be allowed at the CREW WEA, as well as a map of
the area; and
NOW THEREFORE, in consideration of the mutual covenants and agreements
hereinafter contained, the COUNTY agrees to allow the COMMISSION to manage the Caracara
Prairie Preserve subject to the following terms and conditions:
1. DESCRIPTION OF PREMISES. The Caracara Prairie Preserve subject to this
Agreement is situated in the County of Collier, State of Florida and is described in Exhibit "C"
attached hereto.
2. TERM OF THE AGREEMENT. It is understood and agreed that the relation established
by this Agreement is meant to be for the benefit of both parties, and that this Agreement shall be
effective on the date of execution by both parties and shall remain in effect unless otherwise
terminated by either party.
3. TERMINATION. Either party may terminate this Agreement by giving written notice to
the other party specifying the termination date, by certified mail, return receipt requested, at least
sixty (60) days prior to the termination date specified in the notice. However, if such notice is
given after February 15, the termination date shall be April 30 of the following calendar year.
4. PURPOSE. The COMMISSION shall manage the Caracara Prairie Preserve only for the
conservation and protection of natural and historical resources and resource based public outdoor
recreation which is compatible with the conservation and protection of these public lands, as set
forth in Collier County Ordinance No. 2007 -65 (Exhibit "D "), along with other authorized uses
necessary for the accomplishment of this purpose as designated in the Habitat Management Plan
approved by the COUNTY.
5. QUIET ENJOYMENT AND RIGHT OF USE. The COMMISSION shall have the right
of ingress and egress to, from and upon the Caracara Prairie Preserve for all purposes necessary
to the full quiet enjoyment by said COMMISSION of the rights conveyed herein.
6. CONSIDERATIONS. The COMMISSION shall be responsible for all administrative and
managerial duties related to public use (i.e., passage of regulation changes, annual publication of
area brochure, bag limits) during the periods of allowed hunting. The COMMISSION shall
provide law enforcement patrol periodically throughout the year.
7. AUTHORIZED USES. Authorized uses for the purposes of this Agreement shall be
defined as those management activities that the COMMISSION is authorized to perform under
this Agreement and the approved Habitat Management Plan. The authorized uses shall be
consistent with statutory requirements that the Caracara Prairie Preserve be managed and
maintained in an environmentally acceptable manner to restore and protect its natural state and
condition, including permitting of compatible recreational use. The authorized uses shall at
2
FWC Contract No. 11071 11H
minimum, always include essential site management measures including security, policing,
resource protection, public access and recreational use, and habitat management.
S. UNAUTHORIZED USES. The COMMISSION shall, through their agents and
employees, prevent the unauthorized use of the Caracara Prairie Preserve or any use thereof not
in conformance with this Agreement.
9. INSURANCE REQUIREMENTS. The COUNTY shall be responsible for any
improvements or structures located on the Caracara Prairie Preserve. This protection shall be
afforded through the purchase of a Real and Personal Property Insurance Policy or through Self
Insurance, as the COUNTY deems appropriate.
10. PLACEMENT AND REMOVAL OF IMPROVEMENTS. The COMMISSION shall
obtain prior written approval from the COUNTY before constructing or locating any structures
on the Caracara Prairie Preserve. No trees shall be removed or major land alterations done
without the prior written approval of the COUNTY. All permanent structures shall remain the
sole and exclusive property of the COUNTY. Temporary structures constructed or located on
the Caracara Prairie Preserve by the COMMISSION shall remain the property of the
COMMISSION.
11. ARCHAEOLOGICAL AND HISTORICAL SITES. Execution of this Agreement in no
way affects any of the parties' obligations pursuant to Chapter 267, Florida Statutes. The
collection of artifacts or the disturbance of archaeological and historic sites on the Caracara
Prairie Preserve is prohibited unless prior authorization has been obtained from the Department
of the State, Division of Historical Resources. The Habitat Management Plan shall be reviewed
by the Division of Historical Resources to insure that adequate measures have been planned to
locate, identify, protect and preserve the archaeological and historic sites and properties on the
Caracara Prairie Preserve. The COUNTY will notify the Division of Historical Resources
immediately if evidence is found to suggest that any archaeological or historic resources may
exist.
12. PERMITS. The COUNTY shall be responsible for securing all local, State and Federal
permits required for management actions under this agreement.
13. HUNTING. Hunting shall be approved and regulated through the COMMISSION. No
hunting shall be allowed on the Caracara Prairie Preserve prior to the effective date of this
Agreement. The Caracara Prairie Preserve shall be incorporated into the existing Corkscrew
Marsh Unit of the CREW WEA. All hunting regulations, monitoring, and enforcement activities
associated with the Corkscrew Marsh Unit of the CREW WEA shall also apply to the Caracara
Prairie Preserve.
14. SIGNAGE. The COMMISSION shall legally post appropriate signage along the perimeter
of the Caracara Prairie Preserve.
15. MODIFICATION OF AGREEMENT. No waiver or modification of this Agreement
shall be valid unless in writing and lawfully executed by all parties. It is the intention of the
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FWC Contract No. 11071
COMMISSION and the COUNTY that no evidence of any waiver or modification shall be
offered or received in evidence in any proceeding or litigation between and among the parties
arising out of or affecting this Agreement unless such waiver or modification is in writing and
executed as aforesaid.
16. RELATIONSHIP OF PARTIES. It is understood that an employer - employee
relationship does not exist between the COMMISSION and the COUNTY and neither of the
parties shall be responsible for providing Workers' Compensation Insurance and withholding
services for the other party or its employees. Each of the parties stipulates that they are not
aware of any conflict of interest prohibiting them from entering into this Agreement.
17. OTHER AGREEMENTS. This Agreement contains the complete agreement between the
COMMISSION and the COUNTY. Each party acknowledges reliance on its own judgment in
entering into this Agreement. The COMMISSION and the COUNTY further acknowledge that
any representations that may have been made outside of those specifically contained herein are
of no binding effect and have not been relied upon by either party in their dealings with the other
party in entering into this Agreement.
18. NOTICES. Any and all notices shall be delivered to the parties at the following addresses
(or such changed address or addressee as may be provided by notice). A notice or other
communication shall be deemed received by the addressee on the next business day after having
been placed in overnight mail with the U. S. Postal Service, or other overnight express service
such as FedEx, UPS, or similar service. Notices sent by means other than overnight delivery
shall be deemed received when actually received by the addressee:
FOR THE COUNTY:
Melissa Hennig
Collier County Board of County Commissioners
Conservation Collier Program
3335 Tamiami Trail, East, Suite 101
Naples, FL 34112
Tel. 239 - 252 -2957
melissahennig @collier og v.net
FOR THE COMMISSION:
Mike Brooks
Florida Fish and Wildlife Conservation
Commission
620 South Meridian Street
Tallahassee, FL 32399 -1600
Tel. 850- 617 -9583
mike.brooks @ myfwc.com
19. PUBLIC RECORDS. All records in conjunction with this Agreement shall be public
records in accordance with the laws applicable to the parties.
20. LIABILITY. Each party hereto agrees that it shall be solely responsible for the negligent
or wrongful acts of its employees and agents. However nothing herein shall constitute a waiver
by either party of sovereign immunity or statutory limitations on liability as set forth in Section
768.28, Florida Statutes.
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FWC Contract No. 11071
21. STATE REQUIRED CLAUSES.
a. Non - discrimination. No person, on the grounds of race, creed, color, national
origin, age, sex, or disability, shall be excluded from participation in, be denied the
proceeds or benefits of, or be otherwise subjected to discrimination in performance
of this Agreement.
b. Prohibition of Discriminatory Vendors. In accordance with Section 287.134,
Florida Statutes, an entity or affiliate who has been placed on the discriminatory
vendor list may not submit a bid, proposal, or reply on a contract to provide any
goods or services to a public entity; may not submit a bid, proposal or reply on a
contract with a public entity for the construction or repair of a public building or
public work; may not submit bids, proposals, or replies on leases of real property to
a public entity; may not be awarded or perform work as a supplier, sub or consultant
under a contract with any public entity; and may not transact business with any
public entity.
c. Public Entity Crimes. In accordance with Section 287.133(2)(a), F.S., a person
or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not perform work as a grantee, supplier, sub,
consultant or by any other manner under a contract with any public entity, and may
not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, F.S., for Category Two, for a period of 36 months
from the date of being placed on the convicted vendor list.
d. Legislative appropriation. For contracts whose term extends beyond the State
fiscal year in which encumbered funds were appropriated, the State of Florida's
performance and obligation to pay is contingent upon an annual appropriation by the
Legislature.
I I H
22. NON - ASSIGNMENT. This Agreement and may not be assigned in whole or in part
without the written approval of all parties. Any such assignment or attempted assignment shall
be null and void.
23. SEVERABILITY AND CHOICE OF VENUE. This Agreement shall be construed in
accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall
be interpreted in such manner as to be effective and valid under applicable law, but if any
provision of this Agreement shall be prohibited or invalid under applicable law, such provision
shall be ineffective to the extent of such prohibition or invalidity, without invalidating the
remainder of such provision or the remaining provisions of this Agreement. Any action in
connection herewith, in law or equity, shall be brought in Leon County, Florida.
24. NO THIRD PARTY RIGHTS. The parties hereto do not intend nor shall this Agreement
be construed to grant any rights, privileges or interest to any person not a party to this
Agreement.
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FWC Contract No. 11071
11
25. JURY TRIAL WAIVER. As part of the consideration for this Agreement, the parties
hereby waive trial by jury in any action or proceeding brought by any party against any other
party pertaining to any matter whatsoever arising out of or in any way connected with this
Agreement, or with the products or services provided under this Agreement; including but not
limited to any claim of quantum meruit.
26. PROHIBITION OF UNAUTHORIZED ALIENS. In accordance with Executive Order
96 -236, the Commission shall consider the employment by the County of unauthorized aliens a
violation of section 274A(e) of the Immigration and Nationalization Act. Such violation shall be
cause for unilateral cancellation of this Agreement if the County knowingly employs
unauthorized aliens.
27. ENTIRE AGREEMENT; AMENDMENT. This Agreement with all incorporated
attachments and exhibits represents the entire agreement of the parties. This Agreement may be
amended by mutual written agreement of the parties.
The remainder of this page intentionally left blank
2
FWC Contract No. 11071
IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Agreement to
be executed through their duly authorized signatories on the day and year last below written.
Each party is signing this agreement on the date stated below that party's signature. The
latest date of signing shall be inserted in the first sentence of the first page and shall be
deemed the effective date of this Agreement.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
Fred W. Coyle, CHAIRMAN ORIDA
Date: tcA
FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION
(or designee)
Date:�- �� 2e�"Z-
Approved as to form and legality:
Approved as to form and legal Commission Attorne
sufficiency :Ys -1,rJ ►-F-7F -V- 0. L.Ji -{ iTe. STATE OF FLORIDA
Attachments and Exhibits in this Contract include the following:
Exhibit A Interlocal Agreement between Collier County and the Corkscrew Regional
Ecosystem Watershed Land and Water Trust
Exhibit B CREW Wildlife and Environmental Area Brochure Pamphlet
Exhibit C Caracara Prairie Preserve Property Legal Description
Exhibit D Collier County Ordinance No. 2007 -65
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DVVI - i : K, Clerk
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item #
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Dated 3 1 Z
Date lZ-
Rec'd
FWC Contract No. 11071
EXHIBIT
INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND CORKSCREW
REGIONAL ECOSYSTEM WATERSHED LAND AND WATER TRUST
CARACARA PRAIRIE PRESERVE
C'
This Agreement is entered upon this V34" day of �its_suc 2011, b y
COLLIER COUNTY, a political subdivision of the State of Floressors and assigns.
(hereinafter referred to as '`COUNTY "), whose address is 3299 Tamiami Trail Fast, Naples, Fl.
34112, and CORKSCREW REGIONAL ECOSYSTEM WATERSHED LAND AND
WATER TRUST, INCORPORATED, a Florida non -profit corporation, (hereinafter
referred to as -TRUST'), whose address is 23998 Corkscrew Road, Estero. FL 33928.
WITNESSETH
WHEREAS, the COUNTY owns an undivided ninety -four point four (94.4 %) percent
interest of Caracara Prairie Preserve situated in Collier County, Florida, and more specifically
described in Exhibit "A" attached hereto and incorporated herein by reference ( "Property "); and
WHEREAS, the "CRUST owns an undivided five point six (5.6 %) percent interest of the
Property; and
WHEREAS, the COUNTY is required to manage the Property in perpetuity, as set forth
in Collier County Ordinance No.02 -63, as amended.
NOW, THEREFORE, for good and valuable consideration, the COUN'T'Y and the TRUST
hereby mutually agree:
I. That the TRUST authorizes the COUNTY to unconditionally use its undivided rive point
six (5.6 %) percent interest of the Property for the purposes of restoration and
management for the benefit of present and future generations.
2. That the TRUST authorizes the COUNTY to enter into agreements with other
governmental agencies in order to implement management activities outlined in the
Caracara Prairie Preserve ITabitat Management Plan.
3 That all the terms herein contained run with the land and shall inure to the benefit of and
be binding upon the parties hereto and their respective executors, administrators, personal
representatives, heirs, successors, and assigns,
4. That CREW has no liability or responsibility for the management of the Property.
5. That CREW will not benefit in any way from the Property, nor assume the responsibility
for funding management of the Property.
11H
FWC Contract No. 11071
IN WITNESS WHERF,OF, the COUNTY has hereunto set its unauthorized hand and seal as
of this date and year first above written.
ATFEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA
r-
Approvall ffo�r forin and legal Sufficiency:
Jenr B. White
Assistant County Attorney
9
-t' to ( 0
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FREI) W. COYLE, CHAIRMAN
IEXHIBIT 11 H
t�,
INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND CORKSCREW
REGIONAL ECOSYSTEM WATERSHED LAND AND WATER TRUST
CARACARA PRAIRIE PRESERVE
This Agreement is entered upon this 134 4" day day of , 2011, by
COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns,
(hereinafter referred to as "COUNTY "), whose address is 3299 Tamiami Trail East, Naples, FL
34112, and CORKSCREW REGIONAL ECOSYSTEM WATERSHED LAND AND
WATER TRUST, INCORPORATED, a Florida non - profit corporation, (hereinafter
referred to as "TRUST "), whose address is 23998 Corkscrew Road, Estero, FL 33928.
WITNESSETH
WHEREAS, the COUNTY owns an undivided ninety -four point four (94.4 %) percent
interest of Caracara Prairie Preserve situated in Collier County, Florida, and more specifically
described in Exhibit "A" attached hereto and incorporated herein by reference ("Property "); and
WHEREAS, the TRUST owns an undivided five point six (5.6 %) percent interest of the
Property; and
WHEREAS, the COUNTY is required to manage the Property in perpetuity, as set forth
in Collier County Ordinance No.02 -63, as amended.
NOW, THEREFORE, for good and valuable consideration, the COUNTY and the TRUST
hereby mutually agree:
1. That the TRUST authorizes the COUNTY to unconditionally use its undivided five point
six (5.6 %) percent interest of the Property for the purposes of restoration and
management for the benefit of present and future generations.
2. That the TRUST authorizes the COUNTY to enter into agreements with other
governmental agencies in order to implement management activities outlined in the
Caracara Prairie Preserve Habitat Management Plan.
3. That all the terms herein contained run with the land and shall inure to the benefit of and
be binding upon the parties hereto and their respective executors, administrators, personal
representatives, heirs, successors, and assigns.
4. That CREW has no liability or responsibility for the management of the Property.
5. That CREW will not benefit in any way from the Property, nor assume the responsibility
for funding management of the Property.
IN WITNESS WHEREOF, the COUNTY has hereunto set its unauthorized hand and seal as
of this date and year first above written.
ATTEST:
DWIGHT E. BRQCK, CLERK
Vi C.
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Iwo-
Approval for f6rm4fid legal Sufficiency:
_ %i#b
Jeri e r B. White
Assistant County Attorney
AS TO CREW:
DATED: l5 '
WITNESSES: (Sign t e)
(Printed Name 4
&uDAB o
(Signature)
(Printed
Stgphen A. Walker, Esq.
Approved as to form and legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
Y:
FRED W. COYLE, CHAI AN
CORKSCREW REGIONAL ECOSYSTEM
WATERSHED LAND AND WATER TRUST,
INCORPORATED, a Florida nonprofit
corporation
11 H
EXHIBIT A
PROPERTY TAX IDENTIFICATION NUMBER: 00053080006
LEGAL DESCRIPTION:
WEST HALF (WI/2) OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 28
EAST, OF COLLIER COUNTY, FLORIDA.
AND
PROPERTY TAX IDENTIFICATION NUMBER: 00053080200
LEGAL DESCRIPTION:
NORTHWEST QUARTER (NWl /4) OF NORTHEAST QUARTER (NEI /4) OF
SECTION 30, TOWNSHIP 46 SOUTH, RANGE 28 EAST, OF COLLIER
COUNTY, FLORIDA.
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This brochure is designed to provide the public with information and a
summary of regulations pertaining to hunting and other recreational use on
the CREW Wildlife and Environmental Area. Regulations that are new or
differ substantially from last year are shown in hold print. Area users
should familiarize themselves with all regulations. For exact wording of the
wildlife laws and regulations, see the Florida Fish and Wildlife Conservation
Commission's wildlife code, on file with the Secretary of State and state
libraries. This brochure, the Florida Hunting Regulations handbook and quota
permit worksheets should provide the information necessary for you to plan
your hunting activities. These publications are available from any
Commission office, county tax collector and at MvFWC.com.
Persons using wildlife and environmental areas are required to have
appropriate licenses, permits and stamps. The following persons are exempt
front all license and permit requirements (except for quota permits when
listed as "no exemptions," recreational use permits, antlerless deer permits
and the Migratory Bird Hunting and Conservation Stamp [federal duck
stamp]): Florida residents who are 65 years of age or older, residents who
possess a Florida Resident Disabled Person Hunting and Fishing Certificate;
residents in the U.S. Armed Forces, not stationed in Florida, while home on
leave for 30 days or less, upon submission of orders; and children tinder 16
years of age. Children under 16 years of age are exempt from the federal
duck stamp. Anyone bom on or after June I, 1975 and 16 years of age or
older must have passed a Commission- approved hunter -safety course prior to
being issued a hunting license, except the Hunter Safety Mentoring
exemption allows anyone to purchase a hunting license and hunt under the
supervision of a licensed hunter, 21 years of age or older, for one year.
Licenses and permits may be purchased from county tax collectors, license
agents, at MvFWC.com/license or by telephone at 1- 888486 -8356. A no-
cost Migratory Bird Permit is available when purchasing a hunting license.
Any waterfowl hunter 16 years of age or older must possess a federal duck
stamp; available where hunting licenses are sold, at most post offices or at
duckstamp.com.
QUOTA PERMIT INFORMATION:
Archery - 25 (Corkscrew Marsh Unit), 30 (Flint Pen Strandiwestem Bird
Rookery Swamp Units), no-cost, quota permits (no exemptions).
Muzzleloading (fun - 25 (Corkscrew Marsh Unit), 30 (Flint Pen
Strand/western Bird Rookery Swamp Units), no-cost, quota permits (no
exemptions).
General Gun - 25 (Corkscrew Marsh Unit), 30 (Flint Pen Strand /western Bird
Rookery Swamp Units), no-cost, quota permits (no exemptions).
Spdnna Turkey_ - 5 (Corkscrew Marsh Unit), 5 (Flint Pen Strand /western Bird
Rookery Swamp Units), no-cost, quota permits (no exemptions) for each of 2
hunts.
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FWC Contract No. 11071
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Permit applications: Hunters must submit electronic applications for quota
and special- opportunity, permits through the Commission's Total Licensing
System (TLS). Worksheets listing hunts, application periods, deadlines and
instructions are available at county tax collector's offices, FWC offices or
MvFWC.com. Quota application periods occur throughout the year beginning
April L please refer to the hunting handbook or MyFWC.com for specific
dates. Worksheets will be available about 2 weeks prior to each application
prod.
Guest hunters: For each non - transferable archery, muzzleloading gun,
general gun, wild hog, spring turkey and mobility - impaired quota permit
issued through the Commission's TLS, only one guest permit may be
obtained. The following persons may be a guest hunter, but are not required
to obtain a guest permit: a youth under 16 years of age, a youth supervisor, a
mentor license holder or a mentor license supervisor. A quota permit holder
(host) may only bring 1 guest hunter at a time. The following persons are not
considered to be guest hunters: other quota permit holders, non - hunters and
exempt hunters (on areas and during seasons that allow exemptions). The
host must share the bag limit with the guest and the host is responsible for
violations that exceed the bag limit. The guest and host must enter and exit
the area together and must share a street -legal vehicle while hunting on the
area. The guest may only hunt while the host is on the area. A person is only
eligible for one guest permit per hunt. Guest permits may only be obtained
from license agents or county tax collector's offices. Guest permits may be
obtained up to and during the last day of the hunt. Refer to the quota hunt
worksheets for additional information.
Youth and mentor license holders: A youth hunter (less than 16 years of age)
must be supervised by a person at least 18 years of age. A mentor license
holder must be supervised by a licensed hunter at least 21 years of age.
Unless exempt, only those supervisors with proper licenses and permits may
hunt. If the supervisor is hunting during any hunt (not including special -
opportunity) for which quota permits are issued, at least one person in the
party must be in possession of a quota permit. During a hunt that allows
exemptions, a non - exempt supervisor of a youth must have a quota permit to
hunt. A non - hunting supervisor is allowed to accompany a youth or mentor
license holder during any hunt (including special - opportunity).
Transfer of permits: Quota and guest permits are not transferable. Except for
youth under 16 years of age, a positive form of identification is required
when using a non - transferable permit. The sale or purchase of any quota
permit or guest permit is prohibited.
GENERAL AREA REGULATIONS:
All general laws and regulations relating to wildlife and fish shall apply unless
specifically exempted for this area. Hunting or the taking of wildlife or fish on
this area shall be allowed only during the open seasons and in accordance with
the following regulations:
1. Any person hunting deer or accompanying another person hunting deer
shall wear at least 500 square inches of daylight fluorescent - orange
material as an outer garment, above the waistline. These provisions are
not required when hunting with a bow and arrow during archery season.
2. Taking of spotted fawn, swimming deer or roosted turkey is prohibited.
Species legal to hunt are listed under each season.
3. It is illegal to hunt over bait or place any bait or other food for wildlife on
this area.
4. Driving a metal object into any tree, or hunting from a tree into which a
metal object has been driven, is prohibited.
5. No person shall cut; damage or remove any natural, man -made or cultural
resource without written authorization of the landowner or primary land
manager.
6. Taking or attempting to take any game with the aid of live decoys,
recorded game calls or sounds, set guns, artificial light, net trap, snare,
drug or poison is prohibited. Recorded calls and sounds can be used to
hunt farbearers, wild hog and crows.
7. The wanton and willful waste ofwildlife is prohibited.
8. Hunting, fishing or trapping is prohibited on any portion of the area
posted as closed to those activities.
9. People, dogs, vehicles and other recreational equipment are prohibited in
areas posted as "Closed to Public Access" by FWC administrative action.
10. Taking or herding wildlife from any motorized vehicle, aircraft or boat
which is under power is prohibited, until power and movement from that
power, has ceased.
11. Most game may be hunted from h hour before sunrise until % hour after
sunset (see exceptions under each season).
12. The release of any animal is prohibited, without written authorization of
the landowner or primary land manager.
13. The head and evidence of sex may not be removed from the carcass of
any deer or turkey on the area.
14. The planting or introduction of any non -native plant is prohibited, without
written authorization of the landowner or primary land manager.
15. Wild hog may not be transported alive.
16. Littering is prohibited.
17. Fires other than campfires at approved campsites are prohibited
18. A Fish and Wildlife Conservation Commission Law Enforcement Officer
may search any camp, vehicle or boat, in accordance with law.
19. Planting of trees, shrubs or other vegetati on is prohibited without written
authorization from the landowner or the Commission.
PUBLIC ACCESS AND VEHICLES:
1. Open to public access year round from 2 hours before sunrise until 2
hours after sunset, unless camping at a designated campsite.
2. All persons shall enter and exit the area at a designated entrance.
3. The use of ATVs, swamp buggies, tracked vehicles, vessels (except
canoes or kayaks) or unlicensed and unregistered motorcycles is
prohibited, except swamp buggies may be operated by individuals
participating in the hunt
4. Vehicles may be operated only on named or numbered roads designated
for vehicles.
5. During archery, muzzleloading gun, general gun and spring turkey
seasons and beginning at 8 a.m. the day prior to the opening of each
season, vehicles may also be operated on named or numbered trails by
individuals participating in the hunt.
6. Parked vehicles may not obstruct a road, gate or firelane.
7. No motor vehicle shall be operated on any part of any wildlife and
environmental area that has been designated as closed to vehicular traffic.
8. The use or possession of horses is prohibited, except by special -use permit
from the South Florida Water Management District. No horse permits will
be issued during hunting seasons.
14
FWC Contract No. 11071
HUNTERS AND CHECK STATIONS: I I
1. Hunting equipment and dogs may be taken onto the WEA after 8 a.m. the
day before the opening of a season and shall be removed by 6 p.m. one
day after the end ofthe season.
2. Hunters shall enter and exit the area at a designated entrance, except
hunters entering or exiting the Corkscrew Marsh Unit shall use Gates 5 or
6.
3. Hunters shall check in and out at a designated check station when entering
and exiting the area and check all game taken.
4. No deer or turkey shall be dismembered until checked at a check station.
GUNS:
1. Hunting east of or within % -mile of the western North/South Tram Road
and south of Bonita Beach Road in the Bird Rookery Swamp Unit is
prohibited.
2. Hunting with centeriire or rimfire rifles is prohibited.
3. All firearms shall be securely encased and in a vehicle, vessel, camper or
tent, during periods when they are not a legal method of take. Persons in
possession of a valid Concealed Weapon or Firearm License may carry
concealed harndguns.
4. Target practice is prohibited.
5. Hunting with a gun and light is prohibited.
6. Muzzleloading guns used for taking deer must be .40 caliber or larger, if
firing a single bullet, or be 20 gauge or larger if firing two or more balls.
7. Children under the age of 16 may not be in possession of a firearm unless
in the presence ofa supervising adult.
8. No person shall have a gun under control while under the influence of
alcohol or drugs.
9. For hunting non - migratory game, only shotguns, pistols, bows,
crossbows, muzzleloading guns or falconry may be used. Hunting during
the spring turkey season with firearms other than shotguns or using a
shotsize larger than fit is prohibited.
10. For hunting migratory game, only shotguns, bow or falconry may be used.
Shotguns shall not be larger than 10 gauge and shall be incapable of
holding more than three shells in the magazine and chamber combined.
11. Firearms using rimfire or non - expanding, full metal jacket (military ball)
ammunition are prohibited for taking deer.
12. Fully automatic or silencer- equipped firearms, centerfire semi - automatic
rifles having a magazine capable of holding more than five rounds,
explosive or drug- injecting devices and set guns are prohibited.
DOGS:
1. Hunting with dogs is prohibited, except bird dogs or retrievers may be
used during general gun and small game seasons.
2. Dogs on leashes may be used for trailing wounded game.
3. For purposes other than hunting, dogs are allowed, but must be kept under
physical restraint at all times.
CAMPING:
1. Camping is allowed only at designated sites by persons with written
authorization from the South Florida Water Management District (239-
657 -2253) or by individuals participating in the hunt.
2. Camping equipment may be taken onto the area after 8 a.m. the day
before the opening of a season and shall be removed by 6 p.m. one day
after the end of the season.
3. No persons shall bring building materials onto the area or erect permanent
or semi- permanent structures.
BAG AND POSSESSION LIMITS: During quota hunts, host hunter and
guest must share all bag and possession limits.
1. Deer - Flint Pen Strand / western Bird Rookery Swamp Units. 1 per quota
permit
2. Wild hog - No size or bag limit.
3. Turkey - 1 per spring turkey quota permit. Daily limit 1, season limit 2.
4. Gray squirrel, quail and rabbit - Daily limit 12, possession limit 24 for
each.
5. Raccoon, opossum, armadillo, beaver, coyote, skunk and nutria - No bag
limits.
6. Bobcat and otter - Prohibited.
7. Migratory birds - See Migratory Bird Hunting Regulations pamphlet.
ARCHERY SEASON:
Aueust 6 -14.
Permit- Stamp and License Requirements - Quota permit, hunting license,
management area permit, archery permit, deer permit (if hunting deer) and
migratory bird permit (if hunting migratory birds).
Legal to Hunt - Deer with at least one antler 5 inches or more in length, wild
hog, gray squirrel, quail, rabbit, raccoon, opossum, armadillo, beaver,
coyote, skunk, nutria and migratory birds in season.
Regulations Unique to Archery Season - In addition to these regulations, all
General Area Regulations shall apply.
1. Hunting deer is prohibited in the Corkscrew Marsh Unit.
2. Hunting with fireamrs or crossbows (except by disabled crossbow permit)
is prohibited, except that centerfire shotguns are allowed for hunting
migratory birds when one or more species are legal to hunt (see Migratory
Bird section and the current Migratory Bird Hunting Regulations
pamphlet).
MUZZLELOADING GUN SEASON:
September 3 -5.
Permit. Stamp and License Requirements - Quota permit, hunting license,
management area permit, muzzleloading guru permit, deer permit (if
hunting deer) and migratory bird permit (if hunting migratory birds).
Legal to Hunt - Deer with at least one antler 5 inches or more in length, wild
hog, gray squirrel, quail, rabbit, raccoon, opossum, armadillo, beaver,
coyote, skunk, nutria and migratory birds in season.
Regulations Unique to Muzzleloading Gwu Season - In addition to these
regulations, all General Area Regulations shall apply.
1. Hunting deer is prohibited in the Corkscrew Marsh Unit.
2. Hunting with archery equipment or firearms, other than muzzleloading
guns, is prohibited, except that centerfire shotguns are allowed for hunting
migratory birds when one or more species are legal to hunt (see Migratory
Bird section and the current Migratory Bird Hunting Regulations
pamphlet).
GENERAL GUN SEASON:
November 19 -27.
Permit. Stamp and License Requirements - Quota permit, hunting license,
management area permit, deer permit (if huudng deer) and migratory bird
permit (if hunting migratory birds).
Legal to Hunt - Deer with at least one antler 5 inches or more in length wild
hog, gray squirrel, quail, rabbit, raccoon, opossum, armadillo, beaver,
coyote, skunk, nutria and migratory birds in season.
Regulations Unique to General Gun Season - In addition to these regulations,
all General Area Regulations shall apply.
1. Hunting deer is prohibited in the Corkscrew Marsh Unit.
2. Hunting with bird dogs or retrievers is allowed.
3. Hunting with centerfire or rim fire rifles is prohibited.
SMALL GAME SEASON:
December 3 through January 1.
Permit. Stamp and License Requirements - Hunting license, management area
permit, migratory bird permit (if hunting migratory birds), and state
waterfowl permit and federal duck stamp (if hunting waterfowl).
Legal to Hunt - Gray squirrel, quail, rabbit, raccoon, opossum, armadillo,
beaver, coyote, skunk, nutria and migratory birds in season.
Regulations Unique to Small Game Season - In addition to these regulations,
all General Area Regulations shall apply.
1. Hunting with bird dogs and retrievers is allowed.
2. Hunting with centerfire and rimfire rifles is prohibited.
TRAPPING: Prohibited.
SPRING TURKEY SEASON:
March 3 -6 and 7 -11.
Permit. Stamp and License Requirements - Quota permit, hunting license,
management area permit and wild turkey permit.
Legal to Hunt - Bearded turkey or gobbler.
Regulations Unique to Spring Turkey Season - In addition to these regulations,
all General Area Regulations shall apply.
1. Legal shooting hours are h hour before sunrise until 1 p.m.
2. Hunting other animals is prohibited.
Hunting with firearms other than shotguns or using a shot size larger
than #2 is prohibited.
15
FWC Contract No. 11071 1 H
MIGRATORY BIRD SEASONS:
Rail, common moorhen, mourning dove, white- winged dove, snipe, duck,
geese, coot, woodcock and crow may be hunted during seasons
established by the Commission for these species that coincide with the
archery, mu2zleloading gun, general gun or small game seasons.
Permit_ Stamp and License Requirements - Quota permit (if hunting during a
quota period), hunting license, management area permit, migratory bird
permit, and state waterfowl permit and federal duck stamp (if hunting
waterfowl).
Legal to Hunt - See Migratory Bird Hunting Regulations pamphlet.
Regulations Unique to Migratory Bird Seasons - In addition to these
regulations, all General Area Regulations and Migratory Bird Regulations
shall apply.
1. Hunting duck, geese and coot with lead shot is prohibited.
2. Centerfire shotguns are allowed for hunting during established area
seasons when one or more migratory birds are legal to hunt.
FISHING AND FROGGING:
Allowed vear round 2 hours before sunrise until 2 hours after sunset.
Permit. Stamp and License Requirements - Fishing license (not required when
frogging).
Legal to Take - See Florida Freshwater Fishing Regulations Surnmary•.
Rmuilations Unique to Fishing and Frogging - All General Area Regulations
and General Freshwater Fishing Regulations shall apply. Shooting frogs is
allowed only during the listed open hunting seasons and only with the
legal methods of lake during each particular season.
GENERAL INFORMATION:
1. Information for persons with disabilities can be found at
MyFWC.com/ADA.
If you have any questions about this material, please call the Fish and
Wildlife Conservation Commission at 561 -625 -5122 (TDD 800 -955-
8771).
SOUTH FLORIDA WMD INFORMATION:
This land was acquired under the Save Our Rivers (SOR) Program. The
purpose of SOR is to conserve and protect unique and irreplaceable lands,
restore areas to their original condition as much as possible and allow
controlled multiple recreational and educational uses consistent with this
purpose.
COOPERATION REQUESTED:
If you see law violators or suspicious activities, contact your nearest
Commission regional office or call 1-888- 404 -FWCC. You may gualify for a
cash reward from the Wildlife Alert Reward Association.
The U.S. Department of the Interior prohibits discrimination on the basis
of race, color, national origin, age, sex or handicap. If you believe that you
have been discriminated against in any program, activity or facilqv as
described above, or if you desire further information, please write to: The
Office for Human Resources, U.S. Fish and Wildlife Service, Department of the
Interior, Washington, D.C. 20240. The project described in this publication is
part of a program fended by federal dollars under the Wildlife Restoration Act
Federal funds pay 20 percent of the cost of the program.
When you spot law violators or suspicious activities,
contact your nearest Commission regional office or
call
1- 888 - 404 -FWCC
You may qualify for a cash reward from the
Wildlife Alert Reward Association.
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EXHIBIT "C"
PROPERTY TAX IDENTIFICATION NUMBER: 00053080006
LEGAL DESCRIPTION:
WEST HALF (W1 /2) OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE
28 EAST, OF COLLIER COUNTY, FLORIDA.
AND
PROPERTY TAX IDENTIFICATION NUMBER: 00053080200
LEGAL DESCRIPTION:
NORTHWEST QUARTER (NW1 /4) OF NORTHEAST QUARTER (NE1 /4)
OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 28 EAST, OF
COLLIER COUNTY, FLORIDA.
17
12H
FWC Contract No. 11071
WHEREAS, Collier County has studied various methods for the acqui4i1ion of
cnv i roamentaRy sensitive land for conservation, prewrVation and Urban green space, and
WHEREAS, Collier County has Home Rule Powers usiablished by the Florida State
Legislature Nisuani to I-Yorida,%wures. Chapter 125 and has the power to Carty on government
to The Went not inconsistent with general law; alvi
WHERFAS, Collxr County desires to provide a ji=hanisn) to equitaNy deal with the
implementation of the Community Character Plan., the Comprehensive Growth Mwagcnictil
Plan, which reconiniend acquisition of enviioninentallyscnsitive lands-, and
WHEREAS, an Tuesda.y. November 5, 2002, the elvaoratc of Col I ier County authorind
the County to L-q a 0-25 mill ad valorem property tax for a period not to txctcd 10 (ten) yem,
for acquisition, pmtection, restormiao, and management of environmentally sensitive lands in
Collier County for the benefit of present and future generations; and
WHEREAS, Collier County's, significant natural resourcm productive estuaries and
urtlands, remarkable biiadivcmity, and unique subtropical habitats harboring many species of
rare and endangered flora and fauna nterit the most protection any county's cilizens'coutd offer,
and
WHEREAS. it is the intent of the Board of County Commissioners of Collier County to
establish Conservation Collier to implement this mandate and to support its purposes to the
fullest, litniling W1 uses of, and A investment earnings an, such levies to such purposes. and
WHERFAS, the Collier County Board of County Commissioners tecopii=s the nftd for
the creation of an &dvisory board to advise the County and the public in the implementation or
the program and the selection of project sites for acquisition; and
18
11H
EXHIBIT "D5Y
AN 2X7
OkI)INANCEN0.2007. e-i
R an
it
wzo�' AN ORDINANCE AMENDING ORDINANCE NO. 200243,
WHICH ESTABLISHED THE CONSERVATION COLLIER
PROGRAM, BY REVISING SECTION SIX: CREATION OF
THE CONSERVATION COLLIER ACQUISITION FVr-1W,
SECTION EIGHT: LAND ACQUISITION ADVISORY
COMMITTEE; SECTION TIEN. CRITERIA FOR
EVALUATING LANDS FOR ACQUISITION AND
MANAG19MFNT, SECTION ELEVEN. ACQUISITION
LIST; SECTION TWELVE: NOMINATION OF
ACQUISITION PROPOSALS AND CANDIDATE SITES,
SEC17ON THIRTEEN: PROCEDURE FOR SELECTION
OF ACQUISITION PROPOSALS FOR PLACEMENT ON
THE ACTIVE ACQUISITION LIST AND SUBSEQUENT
E'', —
PURCHASE PROCEDURILS; SECTION FOURTEEN.
MANAGEMENT PLANS AND USE OF
FJMRONMENTALLY SENSITIVE LANDS; SECTION
FIFTEEN: RESPONSIBILITIES OF THE COUNT11
MANAGER;- PROVIDING FOR CONFLICT AND
SEVER"ILITY; PROVIDING FOR INCLUSION IN CODE
OF LAWS AND ORDINANCES, AND PROVIDING FOR AN
FJWECTI'#T DATE.
WHEREAS, Collier County has studied various methods for the acqui4i1ion of
cnv i roamentaRy sensitive land for conservation, prewrVation and Urban green space, and
WHEREAS, Collier County has Home Rule Powers usiablished by the Florida State
Legislature Nisuani to I-Yorida,%wures. Chapter 125 and has the power to Carty on government
to The Went not inconsistent with general law; alvi
WHERFAS, Collxr County desires to provide a ji=hanisn) to equitaNy deal with the
implementation of the Community Character Plan., the Comprehensive Growth Mwagcnictil
Plan, which reconiniend acquisition of enviioninentallyscnsitive lands-, and
WHEREAS, an Tuesda.y. November 5, 2002, the elvaoratc of Col I ier County authorind
the County to L-q a 0-25 mill ad valorem property tax for a period not to txctcd 10 (ten) yem,
for acquisition, pmtection, restormiao, and management of environmentally sensitive lands in
Collier County for the benefit of present and future generations; and
WHEREAS, Collier County's, significant natural resourcm productive estuaries and
urtlands, remarkable biiadivcmity, and unique subtropical habitats harboring many species of
rare and endangered flora and fauna nterit the most protection any county's cilizens'coutd offer,
and
WHEREAS. it is the intent of the Board of County Commissioners of Collier County to
establish Conservation Collier to implement this mandate and to support its purposes to the
fullest, litniling W1 uses of, and A investment earnings an, such levies to such purposes. and
WHERFAS, the Collier County Board of County Commissioners tecopii=s the nftd for
the creation of an &dvisory board to advise the County and the public in the implementation or
the program and the selection of project sites for acquisition; and
18
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FWC Contract No. 11071
WHEREAS, the Collier County Board of County Commissioners, in tccognition of the
fact that the proposed environmentally sersitive lands are to he purclased in whole or in part
through a special ad valorem assessment, hereby recognise the rights of our citizens to have
reasonable public access and for all our citizens to partake and enjoy various outdoor activities in
a reasonable and environmentally friendly manner on lands purchased with these funds, and
WHEREAS. the Board of County C'onunissioners will ensure that Conservation Collier is
a willing participant program and shall uiilizc only methods of'voluntary acquisition,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION 1 • Nam-,
This ordinance shall be known as Conservation Collier Impkinentation Ordinance.
SFCTION 2: Obiectivm:
Conservation Collier is therefore herahy established to acquire, preserve, restore, and
maintain vital and significant threatened natural lands, forest, upland and wetland communities
located in Collier County, for the hcnetit of present and future generations.
SECTION 3 — ii
I . The foregoing recitals are true and correct and incorporated herein by refcr+nce,
1 All al valorem funds generated hereby shall he collected by the Collier County 'rax
Collector.
3. The County Manager, or his or her designee, shall administer this prog=ram in accordance
with the procedures and criteria provided for Herein.
SEC.. "CIO 4 — purpose and Intent:
1, To acquire, protect and manage environmentally sensitive hinds that contain natural
upland or wetland communities, native plant communities, rare and endangered flora and fauna,
endemic species, endangered species habitat, a diversity of species, significant mater resources,
or outstanding aesthetic or other natural features, maximizing protection of Collier County's
rarest, most unique and endangered habitats;
2, To ucyuire, protect and manage environmentally sensitive lands that offer the hest human
social value, including equitable geographic distribution, natural resource based recreation, and
pmtcction of water resources, local ecological awareness, and enhancement of the aesthetic
setting of Collier County;
3. To acquire, protect and manage environmentally sensitive lands that serve to recharge the
County's aquifers and protect its wetlands and surface water resources to ensure the delivery of
clew and plentiful water supplies and Provide flood contril;
4. To acquire, protect and manage environmentally sensitive lands containing the most
biological value, including biodiversity, listed species habitat, conn"tivity, mctoration potential.,
and ecological quality;
i• To protect present cons m—ation lands by acquiring, Protecting and managing adjacent
properties which, if not acquired, would threaten the environmental integrity of the existing;
resource, or which, if acquired, would enhance and buffer the environmental integrity of the
resource, and add to resour c contaxtivity:
2
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19
FWC Contract No. 11071
s
6. TO reAtire the natural functions, as necessary, to any impacted and vulnerable habit a L
which would then contribute significantly to fulfilling this program's goals-.
7. To help implement the objectives and policies of the Collier Count,,., Growth Management
Plan which have been promulgated to preserve and protect environmental protection areas
designated in the Plan and other natural forest resources, wetlands. endangered species hahiut,
and vulnerable rare habitats;
S. TO identify Collier County's best and most endangered environmental lands for
acquisition, protection and management by cvalualing the biological and hydrological
characteristics and viability of the resource, the vulnerability of the resource to degradation or
destruction, and the feasibility ormanaging the resource to maintain its natural attributes:
9 Ta manage acquired environmentally sensitive lands with the primary objectives of
maintaining and preserving their natural resource values, and providing appropriate natural
rcsoumc-based recreational and educational cpportunitics, by employing Mnagernent techniques
that are most appropriate for each native community so that our natural heritage may be
presen cd and appreciated by and for present and future generations ;
10. To have the acquired sites available, with minimal risk to the environracntal integrity of
the site, to educate Collier County's school age population and the general public about the
uniqueness and importance of Collier County's subtropical ecosystems and natural communities;
11. To protect natural resources which lie within the boundaries of other conservation
land and acquisition program, whcrc Conservation Collier fands would leverage significant other
matching sources of funding for other agency acquisition prrriccts that would not be available
without such a local match, or which would result in considerably higher funding rank in another
program, however, Collier County shall exclude tMunicipalities within the County from any
Tcquiicnictit to pn)vidc matching furids; and,
12. To cooperate actively with other acquisition, conservation, and resource management
programs, including, but not limited to, such programs as the State of Florida Conservation and
Recreation Lands program, the Land Acquisition Trust Fund, Florida Forever, and have Our
Rivers program, where the purposes of such programs arc consistent with the purposeb of
Conservation Collier as stated hcreirtabove.
SECTION 5— 04nfflom-
The following wur6 and phrases, when used in this chapter, shall have the meanings
ascribed to them in this scctioqj.
1. "Acquisition praposat" shall mcan (a) parccl(s) of land which has.1have been nominated
or recommended for conservation in accordance with the procedures provided for herein.
2. "Acquisition project" shall mean (a) parcel(s) of land approved by the Board of County
Commissioners for conservation by the county in accordance with procedures provided for
herein.
I "Authorized Purris-te" mcans expenditures authorized herein.
4, "NOn-Profit organization- shall mean an organization as defined in section 541 Of
the United States Internal Row= Code, operating in Collier Counly, which includes among its
primary goals the conwrvation of natural resources and the protection of the environment
20
FWC Contract No. 11071
5. "duffer land" shall mean that land which is adjacent to publicly -owned envirorutaental
land. or privately held land permanently dedicated to Conservation, or that land which is an in-
holding within publicly -owned environmental land, and which, if not acquired, would threaten
the environmental integrity of the existing resource, or if acquired, would cnhancc the
environmental integrity and cunriectivity of the resource.
, "Environmentally scnsitive" land shall mean that land which contains natural upland OT
wetland communities, native plant communities, rare and endangered flora and fauna, endemic
species, endangered species habitat, a diversity of :spccirs, significant water resources, or
outstanding aesthetic or rather natural features.
7. "Management" shall mean the preservation, enhancement, restoration, conservatinn,
monitoring, or maintenance of the natural resource values of environmentally sensitive lands
which have been acquired or approved for management under Conservation Collier, including
provision of appropriate public access.
h, "Target Protection Areas"' shall meats larpvT tacos of environmentally sensitivc land
within which are located specific sites which generally satisfy the initial screening criteria and
meet the goals of Conservation Collier.
rJ "Natural resource -based recreation" shall mean all forms of uses which are consistent
with the goals of this program, and are compatible with the specific parcel. Such uses shall
include, but not be limited to, hiking, nature photography, bird - watching„ kayaking, canoeing,
swimming, hunting and fishing..
EMON 6 - Creation of the C'on�er ��ation Collier acquisition Trust Fy.11 l
Collier County shall estabtish the Conservation Collier Acquisition "Trust Fund for tr& in
acquiring environmentally sensitive lands in Collier County. This fund shall receive and,
disburse monies in accordance with the provisions herein.
1. The Conservation Collier Acquisition Trust Fund shall receive monies from the fallowing
sources:
a All monies accepted by Collier County in the farm of federal, State, or other
governmental grants, reimbursements, allocations, or appropriations, foundation or private
grants, donations for acquisition of environmentally sensitive lands and payments provided for
mitigation activity associated with such acquisition activity.
b. Such additional allocations as may be made by the Board of County
Conunissioncrs from time to time for the purposes set firth herein_
c, All interest generated from the sources identified herein cXcept where monies
received have been otherwise designated or restricted.
d, Supplementation from the Conservation Collier Managemcnt Trusi Fund, but only
with the approval of the Collier County Board of County Commissioners.
e, Up to Eighty -five pment of all ad valorem rcvcnucs collected for
Conservation Collier.
f. The proceeds of any property acquired with funds from the Conservation Collier
Acquisition Trust fund that is [raved or sold by the County, said proceeds, as determined by the
Board of County Commissioners, to be committed either to the Conservation Collier Acquisition
4
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21
FWC Contract No. 11071
'trust Fund or to the Conservation Collier klanagement Trust Fund for the purposes provided for
herein. Any such sale or luase shall only he in accordance with the goals of this Program.
g1 prior to acquiring land located within a M unii;ipali Ly's boundaries, approval must
first be obtained from the governing body of that Municipality.
2. The Conservation Collier Acquisition Trust Fund shall be maintained in a separate and
segregated trust fund of the County to be used solely for the authorized purposes set forth herein
3. Disbursements from the Conscrvation Collier Acquisition Trust Fund shall be made only
for the fallowing authorized purposes:
a. Acquisition of properties which have been approved for purchase by rep
the Board ofCounty Commissioners.
b. Costs a_.sxaciatcd with each acquisition including, but riot limited in, appraisals,
surveys, environmzrrtal reports, title comn7itoWnts and insurance pglicic; wit - voLwk, real
property taxes, documentary stamps and surtax fees, and other transaction Costs.
C. Costs of administering Conservation Collier, including any loans from tic
General Fund for funding start -up costs until such time as the fund is ceased. Administration of
the program may be conducted by County staff or by contract with a private or not for profit
entity subject to meeting all County and Cunservatinn_j`ollicr purcinasing rXilicirs per.
Administrative costs shall be limited to the greatest extent possible.
d- To undertake and carry out studies and analyses of county conservation land
needs and ways of meeting those needs, limited to no more than 5150,000.00
e. To acquire and dispose of real and personal property or any interest therein when
h WqVishi s necessary or appropriate to protect the natural environment, pro-Odc public
access or public recreational facitities, preserve wildlife habitat areas or provide access to
management of acquired lands; to acquire interests in land by means of land exchanges; and to
enter into alternatives to the acquisition of fee interests in land, including, the acquisition of
easements, life estates, leases, and leaseback arrangements,
f. Acquisitions consistent with thic Collier County Land Dcvclopment'Code land
fftulatiam and the (nowth Management Plan.
To cooperate with other local, regional, state., or federal Public [arid acquisition
programs In such cases, the County may enter into contractual or other agreements to acquire
[antis tointly or for eventual resale: to other public land: acquisition programs in Collier County,
h. All lands acquired and titled solely in the [tame of Collier County shall be
managed by Collier County, wherever located, unless by mutual written agreement management
arrangements and resNnsibilitics are undertaken with other local, regional, state, or federal
agencies. All lands jointly acquired with other local, regional, state, or federal agencies,
including 1+' lunicipalitics, shall include, as part of the acquisition process, some mutual written
agreernent regarding the responsibilities of the joint owners fur maintenance.
i. To borrow money through the issuance of bonds fur the purpose-, provided
herein, to provide for and secure the payment thereof, and to provide for the rights of the holders
thereof:
S
22
FWC Contract No. 11071
J. To invest any funds held in reserves or sinking funds, or any funds not required
for immediate disbursement, in such investments as may be authorized for trust funds under
Florida Standes, Section 215,47 as amendcd.
k. To insure and procure insurance against any loss in connection with any of
the trust's operations, including without limitation
a. The repayment of any baits to mortgage Icadcm or mortgage loans,
b. Any project,
c. Any bonds of the. County,
Insurance may be procured in such amounts and from such insurers, including the Federal
Government, as may be deemed accessary or desirable by Collier County-
To engage the services of private ctinsultants on a contract basis for rendering
professional and technical assistance and advice.
in To identifv parcels of land that would be appropriate acquisitions_
n, To do any and all things necessary or convenient to carry out the purposes of*, and
exercise, die powers given and granted hercin to the full extent of the law.
SECTION 7 - Creation of the Cowervativp Collier VlauagS�m_ent Tn"I Fund:
There is hcycby created the Conservation Collier Management Trust Fund (hereinafter
referred to as the Conservation Collier Management Trust Fund) for the preservation.
enhancement, restoration, conservation and irtainteriance of environmentally sensitive lands that
either have bccn purchased with monies front the FrivironmCritally Sensitive Lands Acquisition
Trust Fund, or have otherwise been approved for management. The Finance Director is hcrchy
authorized w establish the Conservation Collier Management Trust Fund and to receive and
disburse monies in accordwicc with the provisions of this section.
I The ConscTvation. Collier Management Trust Fund shall be maintained in a separate and
segregated trust fund of the County to be used solely for the authorized puirposesset forth herein.
2. The Conservation Collier Management 'Trust Fund shall receive monies from the
following sources:
a. Ad-valorem taxes collected for Conservation Collier in an amount not to exceed
15% of the total collected in any one year.
b. All money accepted by Collier County in the form of federal, State. or other
governmental grants, allocations, or appropriations, as well as foundation or private, grants and
donations, for managemcrit of lands acquired with the Conservation Collier Acquisition Trust
Fund or otherwise approved for management.
C. Additional allocations as may bo made by the Board of County Commissioners as
necessary from time to time for purposes strictly consistent with the goals and purposes of
Conservation Collier,
d. All interest generated from the sources identified herein, except whctt monies
received have been otherwise designated Or restricted.
3. Disbursements from the Conservation Collier Management 'Trust Fund shall be made by
the Cvj* Manager or his ur her designee only in wwrdance for the authorized purpo-scs, sct
forth hweim
6
L ndt-flAt added-
23
FWC Contract No. 11071
SEC11014 8 — Land 6auil-ition Advisory Committee:
I . Creation and Purpose: The Land Acquisition Advisory Comminee is hereby established 1 1 H
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.
2. Appointment and Cumposition: ]'he Land Acquisition Advisory Committee shall be
composed of nine (9) members who arc appointed by and will serve at the pleasure of the Board
of County Cornmissioncrs in accordance with Ordinance No. 2001-55. Mcnibershipof the Land
Acquisition Advisory Committee slid]] comprise broad and balanced representation of the
interests of Collier County citizens. including:
a. Frivironmental and cons e-ation interests; in Collier (.'nunty,
11, Agricultural and business interests in Collier C()UntV,
i:. Educational interests in Collier County: and
& 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, teal estate or land
acquisition, land appTIALSal, land management, eco-tourism or environmental education, A
nominee shall submit to the Board o1_!0ottnty, Corti isaioners written evidence of his or her
expertise, knowledge or interest in any of the above. The members of this comatitwe should
include representatives from ditletent areas (if Collier Comty,
3. Perms nfOfficc: 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 scree two (2) years_
c. Mrcc (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,
4. Officers, Quorum and Rules of Procedure: At its earliest opportunity, the members-hip
of the Committee shall elect a chairperson and vice chairperson front among the members.
Officers' terms shall be for a period of one (1) vc-ar, with eligibility for reelection.
The presence of five (5) or more members shall constitute a quorum of the Committee
necessary to take action and tTimsact business. The Committee shall, by majority vote of the
entire membership, udopt rules of procedure kir 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
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.
7
V_ndgrlmeaddrd
24
FWC Contract No. 11071
6. Functions, Powrrs and Duties of the Land Acquisition Advisory Committee; The Land
Acquisition Advisory Committee shall have the following duties and tesponsibilitics:
a. The Land Acquisition Advisory Cornmittec's primary responsibility is to
recommend to the Board of County Commissioner% art Active Properties Acquisition List with
qualified purchase recommendations comistcmt 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 Comntissiuners 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 Copier. However, the
polls and primary criteria of Conservation Collier may not be modified except by county -widc
referendum vote.
C. The Land Acquisition Advisory Committee shall have no Ixrwcr or authority to
commit Collier County to any policies, to incur any financial obligations or to crcatc any liability
on the part of the County. The actions and recummendations of the Land Acquisition Advisors,
Committee are advisory only and shall not be binding upon the County unless approved or
adopted by the hoard 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 proiccts 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.
7. Review of the Land Acquisition Advisory Committee' The Lund Acquisition Advisory
Committee shall be reviewed by the Board of County Commissioners every four years in
accordance with the previsions of Section Nine of Collier County Ordinance No. 2001 -55, as
amended.
SECTION 4 - Provero, EWblt: for ANuisition and Management:
I Properties eligible to be considered for acquisition and management under Cunservation
Collier shall be only cnvitoruncntally sensitive land& available from willing and voluntary
participants.
?. Acquisition of property shall not be constrained based on the immediate availability of
management money.
d. Any environmentally sensitive land not on the acquisition list which is offered for
conveyance or donation to Collier County and is proposed for management by Conservation
Cullier shall be evaluated as provided for herein below and may only be accepted and approved
for management by the Hoard of County Commissioner.
SECTION 10 - Criteria for Evaluatln&Lands for Acquisition and 'ttan ement:
1. The evaluation of each acquisition proposal shall be based on satisfying at least two of
the initial semcning criteria below. Qualified sites shall then be further pr nritizcd by secondary
evaluative criteria 1 isted below wWcr Section 2. The initial screening criteria are:
B
Lfpdcrloc aJdV4,wifcwhr*uShsdd=d.
25
FWC Contract No. 11071
a, Land with the most rare, unique and endangered habitats found in Collier County,
order of preference, tropical hardwood hammocks, xeric oak scrub, coastal sti -and, native beach,
xeric pine, riverine oak, high marsh (saline), tidal freshwater marsh, other native habitats,
b. lands offering the best human social values, including equitable geographic
distribution, appropriate access for natural resource -based recreation, and enhancement of the
aesthetic setting of Collier County.
C. Land which protects the most water resource values, including aquifer recharge,
water quality, wetland depcndant species habitat, and flood control.
d. Land containing the most hioingical value, including . biodive-rsity, listed species
habitat, connectivity, restoration potential, and ecological quality.
C. Land which enhances and,rur protects the environmental value of current
conservation lands through function as a buffer, ecological link, or habitat corridor_
r Any qualified land which meets at least two of the above criteria, an�i hxs
matching funds available and'or which Conservation Collier funds Availability would leverage a
significantly higher funding rank in anothcr acquisition program. Without such ru dtng
City° r (7elli _,.. ,, 11 114A be nvti40Ne t, PR4e'_A_% 1-h s
t eriet
_'- Those proposed acquisition proposals which are initially qualified under the screening
criteria shalt be evaluated acrd ranked by the staff and Lanai Acquisition Advisory Committee
using Secondary Ranking Criteria based on site visit information which confirms or refuges the
initial screening criteria evaluation, and based on comparative size (to prefer larger of similar
parcels), vulnerability to dcstruction (to prefer most threatened of qualified parcels), overall
resource ecological duality (to prefer highest quality of similar parcels) and the cstimtatcd
feasibility and costs of management (to prefer most manageable parcels).
3. The Board of County Commissioners hereby :shall approve and make a part hereof the
att,whed initial list of Target Protection Areas within which are located specific sites which
generally satisfy the initial screening criteria and meet the goals of Conservation Collier,
Inclusion on this list is not a guarantee of any specific purchase. Ali specific proposals will be
evaluated and ranked by staff and the Land acquisition Adtiisory Committee for a
re t nmendution of approval to the Board of County Cotnmissi€rncr's.
In accordance with the goals, policies and procedures of this Conservation Collier
Implementation Ordinance, the following list is the first Target Protection Areas adopted for
consideration by the ):and Acquisition Advisory Committee. County, Staff and the Board of
C'counry Commissioners,
g. All designated Urban lands on the f=uture land ttee Map of the Collier County
Growth Management Plan with predominantly native vegetative cover,
b All Collier County Natural Resource Protection Areas and Scnding Lands, as shown
on the future f. -and Use Map of the Collier County Growth Management Plan.
L All undeveloped lands with predominately native vegetative cover in the Northern
Golden Gate Estates, as shown on the Future Land Use Map of the Collier County
Growth Management Platt.
9
l,,Akrizw added% *ik*4w",�&4"cIctcd
26
FWC Contract No. 11071
4: The Flow-way and Habitat Stewardship Areas as depicted on the Future Land Use
Sdap of the Collier County Growth Manat,
.cment Plan.
4. The County Manager shall prepare and periodically update for presentation to the Board
of County Commissioncys, a Conservation Collier Program Manual, developed by staff and the
Land Acquisition Advisory Committee, which, upon approval by the Board of County
CornmisslorwTs, shall be used as a guide for implementing the provisions of this ordinance, and
shall also include the initial and secondary criteria listed herein above for evaluating
Conservation Cultier Acquisition Proposals. Corruncaccrn"t of the acquisition and management
program shall be, immediate upon approval by the Board of County Cotnmissioncis. passage of
the referendum and appointment of the Land Acquisition Advisory Committee, even if the
manual has not been completed,
SECTION I L-aAcauisition List-,
The ovcrall Conservation Collier Acquisition List shall consist of two specific lists: the
Target Protection Aran List and the Active Acquisition List. The Land Acquisition Advisory
Committee and Board of County Commissioners shall approve both in accordance with the
Procedures set forth below:
11 The Target Protection Areas List shall consist of lands representing the highest natUnli
resource values (such as Natural Resource Protection Areas), but generally not specific parcels,
and is initially approved by the Board of County Commissioners and updated periodically by the
Board of County Commissioners and Land Acquisition Advisory Committee. It is established
wid updated in accordance,, with Conservation Collier goals, procedures and criteria.
2. The Active Acquisition List shall consist of criteria-qualificcl sites that have been selected
from Target Protection Arms, as well as qualified acquisition proposals submitted to the Land
Acquisitiun Advisory Committee by the public, all of which have F" iv*d Posiiive fesponse
had applic--ations submitted by fmm property o%mcr%- The Active AcQ1 isition List shall separate
prg�)sals into three 0) c0tcgori1p,5,,.A (Dursue acquisition), B thold ['or rc-rankjnt; in th,,, next
c%,cic), and ('moo interest in acquitinalt- The A-category pwxcls,pnj)cq(.5 �
b-oll be tunher
1. (hio, riority). 2 (medium priority) and 3 (low Vdarity). in or,&,t io gL%,c Count
staff direction as to OciriEy for acqui ition tasks— The Active Acquisition List shall be updated
periodically according To Conservation Collier procedures and criteria. Site acquisition
proposals that receive the highest evaluations pursuant to the Conservation Collier criteria and
for which acquisition is fcasible will be placed on this list, pending rccommg-n- ation amtv3val by
the Land Acquisition Advisory Committee and appi �41,,by the Board of County Commissioners
3. Once approved by the Board of County Commissioners, the County shall actively Pursue
acquisition of A-catego projects On the Active. Acquisition List. All sites shall be pursued on a
voluntary "willing participant" basis only, without the u--c of the County's eminent domain
powers.
4. Projects will only be removed from the Active Acquisition List by successful purchase of
the site, approval of the next succeeding list. withdrawal of pasiti%v interest by the property
owner, or by resolution of the Board of Couitity Commissioners, Projects removed may slit[ be
considered at a later time,
5-F-C,TION 12 — Norninption or acquisition Proposals and candidate sites•
Underline Wed:
27
FWC Contract No. 11071
1. Nominations for the C onsrnaticsn C'ttllicr Pruerant may be made by p� .F ,rwn.�or
vrgwiiza ion, including Collier County rcgioiial,_State, or Federal agcncic-, t 0 actin
program staff in writing arui n% iding jxa mire idcnti #ication of the- Parcc3 prpleGt throus h a map
or izilio numbers). 4trofi will bpd_ an inoiuirY' la the owner in the ti�tttt, Of_,.ttr interest letter
advising of the [1Q��i�nation anti mking_if the oArcr wisl►cs 4Ip_ �s�bmit an application �of
consideration to the QQertration Collier Prt}ram.
An ar+ner Wy
inate his or her own propert} h,•= .submitting an application.
A. Uountystaff_will send letters of interest to tmirt m aumers within Target Prcitcctio,n
A -teas as directed by the land Acauiyjtion ,Advisury Committee asking if tjte o.wnrr wishes to
subrsiit Lin application for consi4clg6k)n to the.0 ottso }tyatiun Collier Pro6ranl,.
4. An annlrcatioP 4bttt'tied by the property owner to C:ouniv h7• Ier or his d - i cc
shall be evidence of a u•illmiz Scl(cr.
1- peal #te vita asl prey
Ioarge4 -Pert v@ gen�+r to it40"OF -O•
Oot"t sitio t . coutity losignated semeet.
2, -- public a=id landowner applications nominating Properties for acquisition may be
submitted at any time, during or after the first annual public sulicitatiun meeting (described
below), applications shall be eathercd arid. o-aluatod within the framework of an , t qtt' it'c�n
c }t'le, whiVh 1jmc frame shall be puhlicly announced. by-any- persow of eFganiisation,
CelbieF £ ent}�, to ` .
3.
All iwe 6106 tilaw -with -, ...his
�Mri$r16tEie tot' re'ti}1:1YY. --
4: 6, There %ill be an annual public meeting for the purpose of updating the hoard of
County Commissioners and the public and for soliciting, proposals and applications. The first
such mccting will take place at the end or the first year of implementation of Conservation
Collin_
4. 7. If -t#e appiivant has eA owneFship iftkwst in -ar FVdI a3t
apltlicatfori ft7r _qw-mion, %wh f lApeer interest shall be disclosed in tp ficaociri in the
same manner as requited of tuning applicants by the Collier County I.mW Do.- elopment Code,
This A I not apply to ic�►�i.
6 -halve an gal propffW
Opoicat-OR Of if the appliwif is a e QIkl-IId4FeSS Of !he 0
Y APpFai i+€W wtlh tjW &plplliff. ' t,
13 - Procedure for selection or rrguisition tironoaals for placement an the
i e ive Acquisition list and Subsequent r4rchase Procedures:
1. Acquisition itroN. )M. 5 for which applications have been wceiyed shall b-g wened
ust� initial screening criteria,, Those that satisfy Iwo (2) out of six €6 of the Initial
icrecrine Criteri shall lie forwarded to the Lm AcQuisitiun Advisory Catttt iittee fttr a vcttc fix
a Complete cyalualjOIL,
11
6nstrrline�ded ;�tr+katzttefetsd.
28
FWC Contract No. 11071
u get
PFOW�Miofltu ttb .r:,, r °r _end i_w -- r
of ' �vithirt these 1H
Pugetrotexrt' Mom. will
eevie% "fig t
2. Aftef !he first fintt , ctt
ittg Of iNqkkiFy leOLWi-
Desig"Med staff ,. - . itt will rev- -
Acquisition troposals which do not at,i the initial screening criteria or which is,I'Y
initial screening criteria but tiarotlier t awns Nominated propeqiei thet do also not fulfill the
purposes of Conservation Collier or-4&#" L- :� ,: t __, �° mill be reported to the Land
Acquisition Advisory Committee and shall not be evaluxed further unless at least five 151
members of the Land Acquisition Advisory Committer vote for a complete evaluation.
4:3. Proposals which satisfy the initial sercerting wii! lye farrthcr cvatteateei for VwSetnatiott We
to th Land Acquisition Advisory Committee and- staff for sec4mAa�- eqi� e rcview
and ranking. S.iagshall Evaluation shall include a situ visit, 'which staff shall ccxrrd #JI yAlhft
pjy2tfty owner, and which nrav JAIdkide one Advisory Committee membcl re it of
information about titc, llsl available in the County's electrons a bases and research into
any other records retained b.- the Onimy,,about the ) elf s+, Using both observed and gathered
data. stag` shall prepare. aft Ictithl Criteria Screening Report OC_SRI which will include smJ
a;oft wi#tt aeh }rrep a}: boundary and location maps for each site., descriptions of the
biological and hydrological chararicristics, including initial criteria satisfied, a summary or its
potential for appropriate use., development potential or the site and adjacent land, an assessment
of the ntatrapement needs and costs, the assessed and estimated value, and any potentially
available matching funds. TWO a' °r• P "a" '° •'0 initial 4Criterie
Sommiag R+=
44 . Upon completion of the InitiatCriten Safi" ISCR, the Land Acquisition
Advisory Committee shall hold a public hearing tea — sides dw r f6r
t >rescntation of information cantaincd in the WSR regarding each site., the applicants' andlor
landou -nem' cnmtncnts, and commems from the public. rot courtesy notrcc shall be provided to
the owners. of properties which am the subject of the hearing, although failure to notify said
owners shall not invalidate these proceedings.
�. A1`tcr,all prupertics within the current acquisition e } °clt�_have be tartrsented, t 7te Land
Acquisition . Advisory Committee shall evaluate all qualified proposals using t indery
rank-ft criteria; as documcni4d in the 1CSR _ alQII& wi , and
public comments, and their nwn cxncrcncc q�rd judgatents, and then rank the parcels accordiqg
to the A. l.3 and C ranking catW- ) ics to create a recommended PtIN-43omls. Jour
Ow Active Acquisition List at thix a_puhli� hearing, Subsequent AddidortaI meetings may be
called to complete this task.
6, Cotm - shall eoaNioole initial
Coffhmiilft . k4a-,W landownefs -4101 ."L4 -NPDWd 14 the
Aequi,44ion List- 9taffshall - l irtitiela
12
t raterl ne xddr<f: s +kstiar�a+ #5 deleted.
29
FWC Contract No. 11071
7: Upon eempletie the s E
Comminee shail eetvveoe tmo ' lions e feve the AeE v
aegaistian fst> - Bt€rtl -� -' nets.
be
MR& with tching
$; 6, The recommended Active rActttaisition List shall be forw;trded, io the Board of
County Commissioners, whin a public meeting, shall vote on whether to appmvc all or pail of
the proposed Active Acquisition list. Prnncrties ,...be sodded but any additional„ 9pelMes
m" 1-&W O to the entire evaluation piitccss,
County Staff shall pi7lrerty owners and the pubhc of the finial approved Active
AKaRisition l ,jxu and ett Addy' -e added bui a-fly
artt#iteortat the
R. Aftcr approval of IN- Active Acquisition List, �1�.5ety`iees staff will arrange for
@Dvaial C &catck nr ^ grircels +proicets and vvhera app ts 4 IS..+ received make an ot?cr to the
9�vrLr(s) pursuant to the apprtavc . C'onscr%'ation Collier Latxi �iu�[ uisitian E'ttrc Policy
(Resolution No. 2[K }3- 195.9[ as sup�r..seaied). Parcels tocated within the itttral Friner .Vftxed Use
District `'Sending" lance afC to jqg _.to additional requirements rdittg_ Transfer of
Uc.y0opment Rights (TDR) credim as specified in tht. Consenlcation Collier Land Acquisition
I aprshase Pulicy, Resolution 2(X)3 -1 a)3, ar as sttp4r3ed d_lite ef County
will- dtt4*4 Oncc an offizz is ace icrl, Real E-staie Serv-rces sluff Will prepare a conMct. �ttcl
N 'his ,w —I c011Iract will !v- presented to the land A SitJO;JJkdYLSO
Committee at a t+ublic f= -ling to.&'Citle, by maiority vote. whether to r"oMp)cnd apptgvAl of
the contract tnIb r_I#oard of County Commissioners. Alontt with th - cony act, staff +%ill provide
%il#!H pFepefe a Project Design Report far each RaEelipruac'ct, including Vii. ftpptitisaals, tide
wrwweh, bistory and purpose of project, and fam ram qualifications.
1- - AN obtaining a recommendation from the Land Ae u LSE lion Advisory Committee, ttte
3
antract, Pt oct Design Kejxin ltn4 Lap .Actitlisitivn Advisury Conunittec recaarnmcruiation will
be presented to the Unarti_aat' Couniy_Cumrnissiuners at a public hcannp for their MF'it'+'y atud
�a ova]
rc*Of ,
101 The Hoard Of Catunty Commissionwrs shad have JIttal apptoval authority for aAff
approval oft .: : Sitieft Hsi Unid A 16014m; ttEieitta
tyeojaliOtts, .,. Miige fit# pulchuse fa f e fieh r:. e pfojm" Willi
_ Party aaa of
cwowi{w= ltt9issi'
- esent -Ito Ae 1,tnd
a.._ .h, SAFAM:. _ "view and
,. 4 the a ...a equisitiefi
AdyiqM- "he
tFavai #tEi,d- , Ct {i SiL+�N#iittl c
t
;., iaa*leted.
30
FWC Contract No. 11071
4-2-,- •ht B00d Of C-DURty C_0MMiS-;i0ReF5 Shall amove the contract terms for each proposed
project and shall authorize any and all purchases.
11. Once a contract Nis mrity Commissioners
,approved and executed by the Bourd of Ci
in accordance Aitli County polic ies, . Real Estate Sen•ices staff shall proceed 10 dose on the
pme,twe ofpr22perly in accordance with Cuunty policies,
SECTION 14 - Management plans add use of cgv
,ironstentaIll sensitive lautis--
I No later than �69 ain _199A days from the date of acquisition, an interim
management plan for any properly acquired shall be submitted by County start• to the Land
Acquisition Advisory Committee for approval. Upon approval, the plan shall be submitted to the
Board of County Commissioners for Final approval and &hiffl be implemented by the County
Manager PUTSIMI to the Board's direction. Any such interim management plan(s) shall not be
implemented for more than two (2) years after acquisition of the properly, prior to the expiration
of two [2] years. either a new mariagcrncm plan shall be implemented or, by affirmative action of
the Board, the interim plan shall continue.
2. A final managcnieni plan. with required review and updating every ten years, shall be
prepared, with review and input of the Land Acquisition Advisory Committee:, for each property
acquired by Conservation Collier which shall:
(a) Identify such management activities as are necessary to pre-serve, enhance, restore,
conserve. Maintain. or itionitut the resource, as appropriate; and
(b) Identify such uses as are consistent with the preservation, enhancement, restoration,
conservation, and maintenance of the rewurce; and
(c) Estimate the annual costs of managing the project.
3. Annualty, the tcn-year management plans prepared during the preceding year shall be
submitted to the Board of County Commissioners for its approval, Each ten-year management
plan shall be updated at least every live (5) years from the last date of Board approval, and may
be amended as often as required. Management plan updates and amendments shall be reviewed
by the Land Acquisition Ad%isory Committee for their input and recotrimendations and then
submitted to the Board of County Commissioners; for approval.
4. All management plans shall be consistent with the putposes set forth herein. Ail
properties acquired or managed through Conservation Collier shall be managed in accordance
with the approved management plan for that property,
5. No use, infrastructure, or improvement shall be permitted on any property acquired Or
managed under Conservation Collier that is inconsistent with the purpom of the program or that
is not provided by ait approved management plan for the property.
6. The County will seek cooperatJve management arrangements with other agencies and
entities, in keeping with the approved management plans and go-As of Conservation Collier,
7. Purchasing land using Conservation Collier program funds pcanancritly extinguishes all
development rights except those strictly compatible with the purposes and goals of Conservation
Collier, unless such lands M es banked for similar lands within ar
V blgwten qiu[6-2arcel
projects that bgyc been prcviouslg recommended b --itic Conservation Collier Land Acquisition
Mvison� Committee and appLavc by the Board of County Commissiongp in aect , -wdarice with
es
i[fikeditu is d0eted.
31
FWC Contract No. 11071
the goals and pgw,;K In case cif of program -Land cxd=ges, development r
_xV.1V thm proMics "changed out of (ou - n ' t u +s zrershiR 1 H
Public access is an important clement of management and this Program" Fxmplcs of
permitted uses. subject to compatibility with specific parcels, include: hiking, nature
photography, bird watching, kayaking, canocing, swimming, hunting and fishing. The program
will also make the acquired sites available, with minimal risk to the crivirontnental integrity of
the site, to educate Collier Couat),'s school-age poputation and the general public about the
uniqueness and importance of Collier County's subtropical ccosy�ctns and natural communities.
SECTION IS - Responsibil][ties. of the County Manaster,
The County Manager shall facilitate such activities, designate such staff, and assign such
responsibilities as are necessary to fulfill the purposes of this QWirA
sw 1. w a
to 040'alwate dequisition PF"ff in acto We With the OPPFOved-
"it phow.
Adv�faittee on
appf:uved Reqtdsition rfejm 40 monii and;a assio in e&wditwing all gwgilwip';
EelatiRf, tO fiegOtiajiOft r mhasougfeemews and elosingq, or, needod7-The Xleg"k4iHiien Resawfee
Commlitee sha4l imAkide lea, 0— ") --iff1wtive ffem the POOPWY Pdpff"efll, 1
neffi, the L*anwwa! 4 meytt, th644okA-md
Reef"( -Parlmerii. and ihe Ce" Attomey.
SU-710,N 16 - Sunset of the Conservation Collier Ad Vg1pritM Tax;
1. The Conservation Collier special tax revenue will sunset after 10 (ten) years, unless
rcauthori7cd through similar voter referendum approval.
I The Management Trust Fund continues in perpetuity, as I C insc atio
ong as c ry , n Collier
lands remain in county hands.
SECTION 17 - Inclusion in the Code of Lm- and Ordinances:
The, provisions of this Ordinance shall become and be made a pan of the Code of Laws
and Ordinances of Collier County, Florida- Thc sections of the Ordinatwe may he renumbered or
re-lellered to accomplish such, and the W0Td "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION Is - Conflict and SeyeMbflift:
In the event this Ordinance conflicts with any ether 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 timonstitutionat by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such hotdings shall not affect the validity of the
remaining portion,
1SEQrl0N 19 =Effective Date:
This Ordinatwe sivill take effect only upon the passap of the Novcmbcr 5. 2002
referendum levyingg up to 0.25 milts of ad valorem taxes for a period often (10) years to fund the
15
Undertim Addk41; s*kethfoft4►Ae1Lted,
32
FWC Contract No. 11071
acquisition of enviromnentally sensitive lands and its bcing: Bled with the Florida Departrucat of
State. 11
PASSED AND DULY ADOPTED by the Board of County Commissionets of CollieT
A
County. Florida this,;ZP ay of
Attest:
DWIGHT F-. BROCK, Clerk
Approved as w Form and Legal Sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMESel<- COLETTA, Chminnan
I M
cam er A, Rc 1pe4i . Assistant County Attorney
31P-04�i &% -.
16
1W"kk1L,t—d4t!d-- sfnX*4Mv*&&1ttcd.
33
I'FAS ovdiname filrd vwfh Ott
SMfftory 00 5%.te's OiNco the
acknowtedopmarit of thct
this - 2
I—, &Y
of
FWC Contract No. 11071
STATE OF FLORIDA)
COUNTY OF CC-*LIERl-
1, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of -
ORDINANCE 2007-65
Which was adopted by the Board of County Commissioners
on the 23rd day of October, 2007, during Regular SeSsion.
WITNESS my hand and the official seal of the Board of
COuntY Commissioners of Collier County, Florida, this 25th
day of Octobor, 200?,
34
DwrGHT E. BROCK
Clerk of Courts ,, 44W ;v
Ex- officio to soavd, of
County commiaqlb ers
By: Martha Verga
Deput:y Clerk
11H
FWC Contract No. 11071
EXHIBIT "E"
35
11N