Agenda 09/10/2019 Item #16K5 (Interlocal Agreement w/State of Attoney's Office)09/10/2019
EXECUTIVE SUMMARY
Recommendation to approve an Interlocal Agreement for State Attorney Services between Collier
County and the Office of the State Attorney for the Twentieth Judicial Circuit of Florida.
OBJECTIVE: To obtain Board approval of an Interlocal Agreement for State Attorney Services
between Collier County and the Office of the State Attorney.
CONSIDERATIONS: On July 27, 2004 the County and the State Attorney entered into an Agreement
for Professional Services setting forth that Section 27.02 , Florida Statutes, authorizes the state attorney to
prosecute County ordinance violations punishable by incarceration and not ancillary to state prosecution,
provided that the state attorney has contracted with the County for reimbursement for services re ndered in
accordance with Section 27.34.
I was recently contacted by the State Attorney’s Office and advised that with the recent change in
administration, they are reviewing and updating all of the Municipal Ordinance Agreements for
prosecution of ordinance violations. The major change made to the agreement is the removal of the not to
exceed $5,000 quarterly charge.
Pursuant to the Agreement, the State Attorney agrees to handle the intake, discovery, pre-trial, trial and
case disposition of violations of County ordinances punishable by incarceration and not ancillary to state
prosecution, as authorized in Sections 27.02, and 27.34, Florida Statutes. The County agrees to remit to
the State Attorney, the required funds to reimburse the full costs of services rendered in connection with
the prosecution of such criminal violations of County ordinances. The State Attorney will not handle
appeals, constitutional attacks on County ordinances, or matters heard by the County’s Special
Magistrate.
Payments for the full costs of services rendered by the State Attorney shall be made on an hourly basis at
a rate of $50 per hour or, if an hourly rate is specified in the General Appropriations Act, that rate shall
control (see section 27.34(1)(a), FS). The State Attorney shall submit invoices to the County on a
quarterly basis and County agrees to provide payments to the State Attorney within thirty days of receipt
by the County.
This is an at-will Agreement, terminable by either party, with or without cause, on ninety (90) days
written notice to the other party. Upon termination of this Agreement, the State Attorney will provide the
County with a final accounting of all charges due, and upon payment thereof, County will have no further
liability to the State Attorney.
FISCAL IMPACT: It is estimated that the annual costs to the County arising from this Agreement will
be $7,500.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners approves this Interlocal Agreement,
authorizes the Chairman to execute the Interlocal Agreement on behalf of the County and approves any
necessary budget amendments.
Prepared by: Jeffrey A. Klatzkow, County Attorney
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ATTACHMENT(S)
1. Interlocal Agreement (PDF)
2. Agreement for Professional Services 7-27-2004 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.5
Doc ID: 9977
Item Summary: Recommendation to approve an Interlocal Agreement for State Attorney Services
between Collier County and the Office of the State Attorney for the Twentieth Judicial Circuit of Florida.
Meeting Date: 09/10/2019
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
08/27/2019 3:22 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
08/27/2019 3:22 PM
Approved By:
Review:
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/27/2019 3:56 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/28/2019 8:13 AM
Office of Management and Budget Laura Wells Additional Reviewer Completed 08/29/2019 11:05 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 08/29/2019 12:21 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 08/30/2019 9:16 AM
Board of County Commissioners MaryJo Brock Meeting Pending 09/10/2019 9:00 AM
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16.K.5.a
Packet Pg. 2636 Attachment: Interlocal Agreement (9977 : Interlocal Agreement for State Attorney Services)
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Packet Pg. 2637 Attachment: Interlocal Agreement (9977 : Interlocal Agreement for State Attorney Services)
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Packet Pg. 2638 Attachment: Interlocal Agreement (9977 : Interlocal Agreement for State Attorney Services)
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Packet Pg. 2639 Attachment: Agreement for Professional Services 7-27-2004 (9977 : Interlocal Agreement for State Attorney Services)
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Packet Pg. 2640 Attachment: Agreement for Professional Services 7-27-2004 (9977 : Interlocal Agreement for State Attorney Services)
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Packet Pg. 2641 Attachment: Agreement for Professional Services 7-27-2004 (9977 : Interlocal Agreement for State Attorney Services)