ISCOC Agenda 11/06/2019COLLIER COUNTY
INFRASTRUCTURE SURTAX CITIZEN OVERSIGHT COMMITTEE
Agenda
November 6, 2019
8:30 AM
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL. 34112
Ronald A. Kezeske – District 3 – Chair
Scott J. Lepore – At-Large – Vice Chair
Jacob Winge – District 1
Stephen Osborne – District 2
Justin Land – District 4
Beth Rozansky – District 5
Juliana Meek – At Large
Jamie Andersen - Alternate
James W. DeLony - Alternate
All interested parties are invited to attend, and to register to speak and to submit their
objections, if any, in writing, to the Committee prior to the meeting if applicable. For
more information, please contact Heather Cartwright -Yilmaz at (239) 252-8366. If you
are a person with a disability who needs any accommodation in order to participate in
this proceeding, you are entitled, at no cost to you, to the provision of certain
assistance. Please contact the Collier County Facilities Management Department
located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252-8380.
Public comments will be limited to 3 minutes unless the Chairman grants permission for
additional time. Collier County Ordinance No. 99-22 requires that all lobbyists shall,
before engaging in any lobbying activities (including, but not limited to, addressing the
Board of County Commissioners before the Board of County Commissioners and its
advisory boards, register with the Clerk to the Board at the Board Minutes and Records
Department.
26.B.2
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1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL BY LIAISON
4. APPROVAL OF THE AGENDA
5. APPROVAL OF MINUTES FROM PREVIOUS MEETING
1. Meeting Minutes - September 4, 2019
6. PUBLIC COMMENT
7. NEW BUSINESS
8. PROJECTS
A. TRANSPORTATION
B. FACILITIES & CAPITAL REPLACEMENTS
1. To validate the expenditures for the design and installation of new hot water boiler system
to replace the existing steam boilers at the J1/J2 Jail; to ensure that this project meets the
requirements of F.S. 212.055, conforms to the definition of Infrastructure, and is an eligible
project in line with County Ordinance 2018-21 and the ballot language within; to make a
finding that the project expenditures are a valid use of Infrastructure Sales Surtax
Funding.
2. To validate the expenditures for the design and installation of the J3 Jail Isolation Room
HVAC system; to ensure that this project meets the requirements of F.S. 212.055,
conforms to the definition of Infrastructure, and is an eligible project in line with County
Ordinance 2018-21 and the ballot language within; to make a finding that the project
expenditures are a valid use of Infrastructure Sales Surtax Funding.
3. To validate the expenditures for the Security Control System Replacement for the Collier
County Jail Facilities; to ensure that this project meets the requirements of F.S. 212.055,
conforms to the definition of Infrastructure, and is an eligible project in line with County
Ordinance 2018-21 and the ballot language within; to make a finding that the project
expenditures are a valid use of Infrastructure Sales Surtax Funding.
C. COMMUNITY PRIORITIES
9. OLD BUSINESS
A. Monthly Report to Committee - November 2019
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B. Committee Support Documents
10. ANNOUNCEMENTS
11. COMMITTEE MEMBER DISCUSSION
12. NEXT MEETING DATE
A. Next Meeting Date - December 4, 2019
13. ADJOURNMENT
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11/06/2019
COLLIER COUNTY
Collier County Infrastructure Surtax Citizen Oversight Committee
Item Number: 5.1
Item Summary: Meeting Minutes - September 4, 2019
Meeting Date: 11/06/2019
Prepared by:
Title: – County Manager's Office
Name: Heather Yilmaz
10/31/2019 3:58 PM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
10/31/2019 3:58 PM
Approved By:
Review:
County Manager's Office Geoffrey Willig Additional Reviewer Completed 10/31/2019 4:28 PM
Administrative Services Department Michael Cox Additional Reviewer Completed 11/01/2019 7:24 AM
County Manager's Office Michael Cox Review Item Skipped 11/01/2019 7:28 AM
Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 11/06/2019 8:30 AM
5.1
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MINUTES OF THE REGULAR MEETING OF THE COLLIER COUNTY
Infrastructure Surtax Citizen Oversight Committee
September 04, 2019
Naples, Florida
LET IT BE REMEMBERED that the Collier County Infrastructure Surtax Citizen Oversight
Committee met on this date at 9:00 A.M. at 3299 Tamiami Trail East, Building F, 3rd Floor Board of
County Commission Chambers, Naples, Florida with the following Members Present:
Infrastructure Surtax Citizen Oversight Committee
Present: Ronald A. Kezeske
Justin Land
Beth Rozansky
Scott J. Lepore
Juliana Meek
James W. DeLony
Vacant
Stephen Osborne
Absent: Jamie Andersen
Also, Present: Heather Cartwright-Yilmaz – Sr. Operations Analyst County Manager’s
Office
Geoff Willig – Sr. Operations Analyst County Manager’s Office
1. Call to Order & Pledge of Allegiance
The Chairman called the meeting to order at 8:30 AM and led the Pledge of Allegiance.
3. Roll Call – Liaison
Seven members of the Infrastructure Surtax Citizen Oversight Committee were present representing
a quorum, including two alternates.
Staff Report
Staff Liaison reviewed project update to Committee on all validated projects over the summer. The
Committee did not have any questions.
4. Approval of The Agenda
The agenda was distributed to all present and approved.
5. Approval of minutes from Previous Meeting
A. Meeting Minutes – September 04, 2019
5.1.a
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The minutes was distributed to all present and approved.
6. Public Comment
There was no public comment.
7. New Business
Committee members agreed to meet as needed with a start time of 8:30 a.m.
8. Projects
A. Transportation (None)
B. Facilities & Capital Replacements
1. To validate the expenditures for the design and construction of the Collier
County Jail (J1) kitchen replacement and safety upgrades; to ensure that this
project meets the requirements of F.S. 212.055, conforms to the definition of
Infrastructure, and is an eligible project in line with County Ordinance 2018-
21 and the ballot language within; to make a finding that the project
expenditures are a valid use of Infrastructure Sales Surtax.
Mr. Ayoub Al-Bahou, P.E. Principal Project Manager, presented the expenditures for the Collier
County Jail (J1) kitchen replacement and safety upgrades for validation.
A motion to approve the project was made and was approved.
1. To validate the proposed expenditures for the design, project administration,
and construction of the Immokalee Health HVAC and Roofing Replacement;
to ensure that this project meets the requirements of F.S. 212.055, conforms
to the definition of Infrastructure, and is an eligible project in line with
County Ordinance 2018-21 and the ballot language within; to make a finding
that the project expenditures are a valid use of infrastructure Sales Surtax
Funding.
Mr. John McCormick, Principle Project Manager, presented the expenditures for the design, project
administration, and construction of the Immokalee Health HVAC and Roofing Replacement for
validation.
A motion to approve the project was made and was approved.
C. Community Priorities (None)
9. Old Business
A. Monthly Report to Committee – September
5.1.a
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B. Committee Support Documents
As of August 21, 2019, when the Monthly report was pulled, the Committee has validated a total of
14 projects, with total projected expenditures of $201.8M to date. The total Infrastructure Sales Tax
Revenue is $38.2M, with almost $92K in interest earnings.
The Statute and Ordinance will be provided monthly under the Committee Support Document
category in the Agenda.
10. Announcements (None)
11. Committee Member Discussion (None)
12. Next Meeting Date
The next meeting of the Infrastructure Surtax Citizen Oversight Committee will be on October 2,
2019 at 8:30 AM in the BCC Boardroom at 3299 Tamiami Trl E, Naples FL 34112 on the third
floor--Cancelled.
13. Adjournment
Mr. Kezeske made a motion for this meeting to be adjourned and was accepted unanimously.
The meeting was adjourned at 9:20 AM with nothing further to discuss.
Collier County Infrastructure Surtax Citizen Oversight Committee
_______________________
Ronald A. Kezeske – Chairman
The foregoing Minutes were approved by Committee Chair on November 06, 2019, “as submitted” [
] or “as amended” [ ]
5.1.a
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11/06/2019
EXECUTIVE SUMMARY
To validate the expenditures for the design and installation of new hot water boiler system to
replace the existing steam boilers at the J1/J2 Jail; to ensure that this project meets the
requirements of F.S. 212.055, conforms to the definition of Infrastructure, and is an eligible project
in line with County Ordinance 2018-21 and the ballot language within; to make a finding that the
project expenditures are a valid use of Infrastructure Sales Surtax Funding.
OBJECTIVE: To validate the proposed expenditures for the steam to hot water boiler conversion at the
J1/J2 Jail.
CONSIDERATIONS: The Surtax began to be collected on January 1, 2019. Projects outlined in
County Ordinance 2018-21 are eligible to receive funding from the Surtax so long as the expenditure
occurred after January 1, 2019, the project meets the requirements of F.S. 212.055, conforms to the
definition of Infrastructure, and is in line with County Ordinance 2018-21. There were 3 main categories
of projects identified in Ordinance 2018-21: Transportation Projects, Facilities & Capital Replacements,
and Community Priorities. The design and installation of new hot water boiler system to replace the
existing steam boilers at the J1/J2 Jail is included within the Facilities and Capital Replacement category.
The steam to hot water boiler conversion at the J1/J2 Jail fulfills the definition of infrastructure as
outlined in F.S. 212.055, which defines Infrastructure as:
“Any fixed capital expenditure or fixed capital outlay associated with the construction,
reconstruction, or improvement of public facilities that have a life expectancy of 5 or
more years, any related land acquisition, land improvement, design, and engineering
costs, and all other professional and related costs required to bring the public facilities
into service.”
This project encompasses the replacement of 3 each steam boilers and associated piping specialties with
new hot water boilers and storage tanks. The new system will include direct vent flues and inde pendent
controls.
FISCAL IMPACT: Exhibit A identified up to $39M for HVAC, Roofing, and Capital Equipment
Replacements at Sheriff's & County facilities, the costs for Design & Construction are listed below.
Design CEI Services Construction Cost* Total
Project $ 85,000 n/a $ 465,000 $ 550,000
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. Ordinance No.
2018-21, the Collier County infrastructure surtax ordinance, created the Infrastructure Surtax Citizen
Oversight Committee, whose duties are as follows:
Duties. The Committee shall have the responsibility to review the expenditure of Surtax
proceeds against the ballot referendum approved by the voters and this Ordinance. The
Board may expend proceeds of the Surtax on projects not specifically stated herein or in
the attached Exhibit A, so long as those projects (1) comply with the intent of the ballot
language, (2) have a positive recommendation by this Committee, and (3) fall within the
projects and categories identified. The Committee shall not recommend alternative
projects, unless requested by the Board.
8.B.1
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A copy of the ordinance, which contains the ballot language, is attached to this Executive Summary
for the Committee’s review.
In addition to the Ordinance, it is important that the Committee be comfortable that the proposed
expenditure comports with Florida Statute Sec. 212.055, which authorizes the local government
infrastructure sales surtax. That statute states, in relevant part as follows:
212.055 Discretionary sales surtaxes; legislative intent; authorization and use of proceeds
(2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.
(d) The proceeds of the surtax authorized by this subsection and any accrued interest shall be expended by
the school district, within the county and municipalities within the county, or, in the case of a negotiated
joint county agreement, within another county, to finance, plan, and construct infrastructure; to acquire
any interest in land for public recreation, conservation, or protection of natural resources or to prevent or
satisfy private property rights claims resulting from limitations imposed by the designation of an area of
critical state concern; to provide loans, grants, or rebates to residential or commercial property own ers
who make energy efficiency improvements to their residential or commercial property, if a local
government ordinance authorizing such use is approved by referendum; or to finance the closure of
county-owned or municipally owned solid waste landfills that have been closed or are required to be
closed by order of the Department of Environmental Protection. Any use of the proceeds or interest for
purposes of landfill closure before July 1, 1993, is ratified. The proceeds and any interest may not be used
for the operational expenses of infrastructure, except that a county that has a population of fewer than
75,000 and that is required to close a landfill may use the proceeds or interest for long-term maintenance
costs associated with landfill closure. Counties, as defined in s. 125.011, and charter counties may, in
addition, use the proceeds or interest to retire or service indebtedness incurred for bonds issued before
July 1, 1987, for infrastructure purposes, and for bonds subsequently issued to refund such bonds. Any
use of the proceeds or interest for purposes of retiring or servicing indebtedness incurred for refunding
bonds before July 1, 1999, is ratified.
1. For the purposes of this paragraph, the term “infrastructure” means:
a. Any fixed capital expenditure or fixed capital outlay associated with the construction, reconstruction,
or improvement of public facilities that have a life expectancy of 5 or more years, any related land
acquisition, land improvement, design, and engineering costs, and all other professional and related costs
required to bring the public facilities into service. For purposes of this sub -subparagraph, the term “public
facilities” means facilities as defined in s. 163.3164 (13), or s. 189.012 (5), and includes facilities that are
necessary to carry out governmental purposes, including, but not limited to, fire stations, general
governmental office buildings, and animal shelters, regardless of whether the facilities are owned by the
local taxing authority or another governmental entity.
A copy of the entire statute is included as back-up to this item.
The County Attorney has reviewed this item and believes that the request meets all the requirements of
both the Statute and the Ordinance. As an aside, only those items which I believe satisfy the requirements
of both the Ordinance and the Statute will be brought to the Committee. My opinion, however, is not
binding on the Committee, as the Board of County Commissioners created this Committee “to provide for
citizen review of the expenditure of the Surtax proceeds by the County… (to) serve as an ad hoc advisory
and reporting body to the County.” -JAK
Prepared by: John McCormick, P.E., Principal Project Manager, Facilities Management
8.B.1
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11/06/2019
ATTACHMENT(S)
1. Jail Steam Boilers - PowerPoint (PPTX)
2. Jail Steam Boilers - Project Checklist (PDF)
3. Infrastructure Surtax Statute (PDF)
4. Ordinance 2018-21 (PDF)
8.B.1
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11/06/2019
COLLIER COUNTY
Collier County Infrastructure Surtax Citizen Oversight Committee
Item Number: 8.B.1
Doc ID: 10678
Item Summary: To validate the expenditures for the design and installation of new hot water
boiler system to replace the existing steam boilers at the J1/J2 Jail; to ensure that this project meets the
requirements of F.S. 212.055, conforms to the definition of Infrastructure, and is an eligible project in line
with County Ordinance 2018-21 and the ballot language within; to make a finding that the project
expenditures are a valid use of Infrastructure Sales Surtax Funding.
Meeting Date: 11/06/2019
Prepared by:
Title: – Facilities Management
Name: Kathleen Sibert
10/28/2019 11:44 AM
Submitted by:
Title: Director - Facilities Management – Facilities Management
Name: Damon Grant
10/28/2019 11:44 AM
Approved By:
Review:
Facilities Management Damon Grant Director - Facilities Completed 10/28/2019 12:44 PM
Public Utilities Department Dan Rodriguez Additional Reviewer Completed 10/28/2019 3:10 PM
Administrative Services Department Michael Cox Additional Reviewer Completed 10/29/2019 8:12 PM
County Manager's Office Geoffrey Willig Additional Reviewer Completed 10/30/2019 11:17 AM
County Manager's Office Heather Yilmaz Review Item Completed 10/30/2019 12:52 PM
CMO Heather Yilmaz Review Item Completed 10/31/2019 10:05 PM
Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 11/06/2019 8:30 AM
8.B.1
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Prepared By: John McCormick,P.E.Principal Project Manager
Validation of Expenditures for
J1/J2 Jail Steam To Hot Water Boiler Conversion
Project # 50182
1 J1/J2 Jail Steam To Hot Water Boiler ConversionPublic Utilities Department
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Project Histo ry
Ø The current steam boilers have been in service 24 hours a day 365 days a year since
2007.
Ø A recent low water condition in one of the steam boilers has caused complete boiler
failure.
Ø Steam boilers by virtue of their complexity require a higher degree of maintenance
and service by highly skilled technicians familiar with steam systems.
Ø Unfortunately, the maintenance and service of the boilers has not been as thorough
over the years as required by the manufacturer. In addition, piping, tanks and
accessories are also showing signs of premature deterioration and corrosion.
Ø Wi th the recent upgrades of the laundry and kitchen facilities being converted from
steam to hot water, overall operating costs will be reduced with new hot water
boilers.
2Public Utilities Department J1/J2 Jail Steam To Hot Water Boiler Conversion
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Project Site Location
3Public Utilities Department J1/J2 Jail Steam To Hot Water Boiler Conversion
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Project Site Location
4Public Utilities Department J1/J2 Jail Steam To Hot Water Boiler Conversion
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J1/J2 Jail Steam To Hot Water Boiler Conversion5Public Utilities Department
8.B.1.a
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EXISTING CONDITIONS
REPLACEMENT EQUIPMENT
J1/J2 Jail Steam To Hot Water Boiler Conversion6Public Utilities Department
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Project Objectives
7
Ø This project encompasses the replacement of 3 each steam boilers and associated piping
specialties with new hot water boilers and storage tanks.
Ø The new system will include direct vent flues and independent controls.
Ø This will be coordinated with the new Laundry and Kitchen renovation projects that are also
being converted from steam to hot water.
Public Utilities Department J1/J2 Jail Steam To Hot Water Boiler Conversion
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Project Summary / Financials
Ø7-Ye ar Sales Tax in Subcategory: HVAC, Roofing, and Capital Equipment Replacements at Sheriff's
& County facilities
Ø To tal allocation for Projects: $39M
ØProject Estimate:
Ø To tal Estimated Cost for the J1/J2 Jail Steam To Hot Water Boiler Conversion : $ 550,000
8Public Utilities Department J1/J2 Jail Steam To Hot Water Boiler Conversion
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Project Summary / Financials
9
Collier County J1/J2 Jail Steam To Hot Water Boiler Conversion
Design $ 85,000
Construction: $ 465,000
TOTAL $ 550,000
Public Utilities Department J1/J2 Jail Steam To Hot Water Boiler Conversion
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Project Schedules / Status
10Public Utilities Department J1/J2 Jail Steam To Hot Water Boiler Conversion
Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4
De sign Oct-19 De c-19
Procure me nt &Award Oct-19 Ma r-20
Constructi on Jan-20 Jun-20
2020 2022
ACTIVITY START FINISH
2019
8.B.1.a
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Fiscal Impact
11
Cu rrent
Funding
Current
Shortfall
7-Year
Sales Tax
Transportation $289.0 M $87.0 M $202.0 M $191.0 M
Vanderbilt Beach Rd Extension - Collier Blvd to 8th/16th $100.0 M $26.0 M $74.0 M $74.0 M
Pine Ridge Rd, Livingston Rd $31.0 M $8.0 M $23.0 M $23.0 M
Bridge Replacements (11)$23.0 M $16.0 M $7.0 M $7.0 M
Randall intersection $14.0 M $7.0 M $7.0 M $7.0 M
Airport Rd - Widening from vanderbilt to Immokalee $17.0 M $13.0 M $4.0 M $4.0 M
Triangle Blvd $6.0 M $6.0 M $6.0 M
New Bridges - Golden Gate Estates Mobility (11) $88.0 M $17.0 M $71.0 M $60.0 M
Sidewalks $10.0 M $10.0 M $10.0 M
Facilities and Capital Replacements $192.0 M $43.0 M $149.0 M $139.0 M
Forensic/Evidence Building $33.0 M $33.0 M $33.0 M
Big Corkscrew Island Regional Park $60.0 M $20.0 M $40.0 M $40.0 M
DAS Shelter improvements/Replacement $6.0 M $6.0 M $6.0 M
HVAC, Roofing, and Capital Equipment Replacements
at Sheriff's & County facilities $62.0 M $23.0 M $39.0 M $39.0 M
Hurricane Resilience $25.0 M $25.0 M $15.0 M
EMS Substations $6.0 M $6.0 M $6.0 M
Community Priorities $100.0 M $100.0 M $90.0 M
Career and Technical Training Center $15.0 M $15.0 M $15.0 M
VA Nursing Home $40.0 M $40.0 M $30.0 M
Workforce Housing Land Trust Fund $20.0 M $20.0 M $20.0 M
Mental Health Facility $25.0 M $25.0 M $25.0 M
Grand Total $581.0 M $130.0 M $451.0 M $420.0 M
Total Estimated
Cost
Public Utilities Department J1/J2 Jail Steam To Hot Water Boiler Conversion
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Project Funding Estimate
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Re co mmendation
To validate the expenditures for the design and installation of new hot water boiler system to replace
the existing steam boilers at the J1/J2 Jail ; to ensure that this project meets the requirements of F.S.
212.055, conforms to the definition of Infrastructure, and is an eligible project in line with County
Ordinance 2018-21 and the ballot language within; to make a finding that the project expenditures
are a valid use of Infrastructure Sales Surtax Funding.
13Public Utilities Department J1/J2 Jail Steam To Hot Water Boiler Conversion
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Project Project #
Infrastructure Surtax Citizens Oversite Committee Project Checklist
Project(s) in line with F.S. 212.055
Expenditure related to infrastructure as follows:
Construction
Improvement of public facilities
Land acquisition
Land improvement
Design
Engineering costs
Professional & related costs to bring facility into service (CEI, Material Testing, Specialty
Consultants)
EMS vehicles associated with 3 new substations
Court-related expenditures for the construction, lease or maintenance of the Court-related
facilities including utilities and security infrastructure
Life expectancy of at least 5 years
Land Acquisition expenditure for Residential housing project where at least 30% of units are
affordable to individuals whose total annual household income does not exceed 120% of area
median income.
Project(s) in line with County Ordinance 2018-21
Project(s) identified in Exhibit A within County Ordinance 2018-21
Project(s) in line with Ballot Language within County Ordinance 2018-21
The Infrastructure Surtax Citizens Oversight Committee (ISCOC) validated that the
project meets the necessary requirements and is
eligible to use Surtax Funding on , 2019.
Chairman
Exhibit A Reference
Category:
Sub-Category:
Funding Requested:
8.B.1.b
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212.055 Discretionary sales surtaxes; legislative intent; authorization and use of
proceeds.—It is the legislative intent that any authorization for imposition of a discretionary
sales surtax shall be published in the Florida Statutes as a subsection of this section, irrespective
of the duration of the levy. Each enactment shall specify the types of counties authorized to levy;
the rate or rates which may be imposed; the maximum length of time the surtax may be imposed,
if any; the procedure which must be followed to secure voter approval, if required; the purpose
for which the proceeds may be expended; and such other requirements as the Legislature may
provide. Taxable transactions and administrative procedures shall be as provided in s. 212.054.
(2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.—
(a)1. The governing authority in each county may levy a discretionary sales surtax of 0.5
percent or 1 percent. The levy of the surtax shall be pursuant to ordinance enacted by a majority
of the members of the county governing authority and approved by a majority of the electors of
the county voting in a referendum on the surtax. If the governing bodies of the municipalities
representing a majority of the county’s population adopt uniform resolutions establishing the rate
of the surtax and calling for a referendum on the surtax, the levy of the surtax shall be placed on
the ballot and shall take effect if approved by a majority of the electors of the county voting in
the referendum on the surtax.
2. If the surtax was levied pursuant to a referendum held before July 1, 1993, the surtax may
not be levied beyond the time established in the ordinance, or, if the ordinance did not limit the
period of the levy, the surtax may not be levied for more than 15 years. The levy of such surtax
may be extended only by approval of a majority of the electors of the county voting in a
referendum on the surtax.
(b) A statement which includes a brief general description of the projects to be funded by the
surtax and which conforms to the requirements of s. 101.161 shall be placed on the ballot by the
governing authority of any county which enacts an ordinance calling for a referendum on the
levy of the surtax or in which the governing bodies of the municipalities representing a majority
of the county’s population adopt uniform resolutions calling for a referendum on the surtax. The
following question shall be placed on the ballot:
FOR the -cent sales tax
AGAINST the -cent sales tax
(c) Pursuant to s. 212.054(4), the proceeds of the surtax levied under this subsection shall be
distributed to the county and the municipalities within such county in which the surtax was
collected, according to:
1. An interlocal agreement between the county governing authority and the governing bodies
of the municipalities representing a majority of the county’s municipal population, which
agreement may include a school district with the consent of the county governing authority and
the governing bodies of the municipalities representing a majority of the county’s municipal
population; or
2. If there is no interlocal agreement, according to the formula provided in s. 218.62.
Any change in the distribution formula must take effect on the first day of any month that begins
at least 60 days after written notification of that change has been made to the department.
(d) The proceeds of the surtax authorized by this subsection and any accrued interest shall be
expended by the school district, within the county and municipalities within the county, or, in the
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case of a negotiated joint county agreement, within another county, to finance, plan, and
construct infrastructure; to acquire any interest in land for public recreation, conservation, or
protection of natural resources or to prevent or satisfy private property rights claims resulting
from limitations imposed by the designation of an area of critical state concern; to provide loans,
grants, or rebates to residential or commercial property owners who make energy efficiency
improvements to their residential or commercial property, if a local government ordinance
authorizing such use is approved by referendum; or to finance the closure of county-owned or
municipally owned solid waste landfills that have been closed or are required to be closed by
order of the Department of Environmental Protection. Any use of the proceeds or interest for
purposes of landfill closure before July 1, 1993, is ratified. The proceeds and any interest may
not be used for the operational expenses of infrastructure, except that a county that has a
population of fewer than 75,000 and that is required to close a landfill may use the proceeds or
interest for long-term maintenance costs associated with landfill closure. Counties, as defined in
s. 125.011, and charter counties may, in addition, use the proceeds or interest to retire or service
indebtedness incurred for bonds issued before July 1, 1987, for infrastructure purposes, and for
bonds subsequently issued to refund such bonds. Any use of the proceeds or interest for purposes
of retiring or servicing indebtedness incurred for refunding bonds before July 1, 1999, is ratified.
1. For the purposes of this paragraph, the term “infrastructure” means:
a. Any fixed capital expenditure or fixed capital outlay associated with the construction,
reconstruction, or improvement of public facilities that have a life expectancy of 5 or more years,
any related land acquisition, land improvement, design, and engineering costs, and all other
professional and related costs required to bring the public facilities into service. For purposes of
this sub-subparagraph, the term “public facilities” means facilities as defined in s. 163.3164(39),
s.163.3221(13), or s. 189.012(5), and includes facilities that are necessary to carry out
governmental purposes, including, but not limited to, fire stations, general governmental office
buildings, and animal shelters, regardless of whether the facilities are owned by the local taxing
authority or another governmental entity.
b. A fire department vehicle, an emergency medical service vehicle, a sheriff’s office
vehicle, a police department vehicle, or any other vehicle, and the equipment necessary to outfit
the vehicle for its official use or equipment that has a life expectancy of at least 5 years.
c. Any expenditure for the construction, lease, or maintenance of, or provision of utilities or
security for, facilities, as defined in s. 29.008.
d. Any fixed capital expenditure or fixed capital outlay associated with the improvement of
private facilities that have a life expectancy of 5 or more years and that the owner agrees to make
available for use on a temporary basis as needed by a local government as a public emergency
shelter or a staging area for emergency response equipment during an emergency officially
declared by the state or by the local government under s. 252.38. Such improvements are limited
to those necessary to comply with current standards for public emergency evacuation shelters.
The owner must enter into a written contract with the local government providing the
improvement funding to make the private facility available to the public for purposes of
emergency shelter at no cost to the local government for a minimum of 10 years after completion
of the improvement, with the provision that the obligation will transfer to any subsequent owner
until the end of the minimum period.
e. Any land acquisition expenditure for a residential housing project in which at least 30
percent of the units are affordable to individuals or families whose total annual household
income does not exceed 120 percent of the area median income adjusted for household size, if
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the land is owned by a local government or by a special district that enters into a written
agreement with the local government to provide such housing. The local government or special
district may enter into a ground lease with a public or private person or entity for nominal or
other consideration for the construction of the residential housing project on land acquired
pursuant to this sub-subparagraph.
f. Instructional technology used solely in a school district’s classrooms. As used in this sub-
subparagraph, the term “instructional technology” means an interactive device that assists a
teacher in instructing a class or a group of students and includes the necessary hardware and
software to operate the interactive device. The term also includes support systems in which an
interactive device may mount and is not required to be affixed to the facilities.
2. For the purposes of this paragraph, the term “energy efficiency improvement” means any
energy conservation and efficiency improvement that reduces consumption through conservation
or a more efficient use of electricity, natural gas, propane, or other forms of energy on the
property, including, but not limited to, air sealing; installation of insulation; installation of
energy-efficient heating, cooling, or ventilation systems; installation of solar panels; building
modifications to increase the use of daylight or shade; replacement of windows; installation of
energy controls or energy recovery systems; installation of electric vehicle charging equipment;
installation of systems for natural gas fuel as defined in s. 206.9951; and installation of efficient
lighting equipment.
3. Notwithstanding any other provision of this subsection, a local government infrastructure
surtax imposed or extended after July 1, 1998, may allocate up to 15 percent of the surtax
proceeds for deposit into a trust fund within the county’s accounts created for the purpose of
funding economic development projects having a general public purpose of improving local
economies, including the funding of operational costs and incentives related to economic
development. The ballot statement must indicate the intention to make an allocation under the
authority of this subparagraph.
(e) School districts, counties, and municipalities receiving proceeds under the provisions of
this subsection may pledge such proceeds for the purpose of servicing new bond indebtedness
incurred pursuant to law. Local governments may use the services of the Division of Bond
Finance of the State Board of Administration pursuant to the State Bond Act to issue any bonds
through the provisions of this subsection. Counties and municipalities may join together for the
issuance of bonds authorized by this subsection.
(f)1. Notwithstanding paragraph (d), a county that has a population of 50,000 or less on
April 1, 1992, or any county designated as an area of critical state concern on the effective date
of this act, and that imposed the surtax before July 1, 1992, may use the proceeds and interest of
the surtax for any public purpose if:
a. The debt service obligations for any year are met;
b. The county’s comprehensive plan has been determined to be in compliance with part II of
chapter 163; and
c. The county has adopted an amendment to the surtax ordinance pursuant to the procedure
provided in s. 125.66 authorizing additional uses of the surtax proceeds and interest.
2. A municipality located within a county that has a population of 50,000 or less on April 1,
1992, or within a county designated as an area of critical state concern on the effective date of
this act, and that imposed the surtax before July 1, 1992, may not use the proceeds and interest of
the surtax for any purpose other than an infrastructure purpose authorized in paragraph (d) unless
the municipality’s comprehensive plan has been determined to be in compliance with part II of
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chapter 163 and the municipality has adopted an amendment to its surtax ordinance or resolution
pursuant to the procedure provided in s. 166.041 authorizing additional uses of the surtax
proceeds and interest. Such municipality may expend the surtax proceeds and interest for any
public purpose authorized in the amendment.
3. Those counties designated as an area of critical state concern which qualify to use the
surtax for any public purpose may use only up to 10 percent of the surtax proceeds for any public
purpose other than for infrastructure purposes authorized by this section. A county that was
designated as an area of critical state concern for at least 20 consecutive years prior to removal of
the designation, and that qualified to use the surtax for any public purpose at the time of the
removal of the designation, may continue to use up to 10 percent of the surtax proceeds for any
public purpose other than for infrastructure purposes for 20 years following removal of the
designation, notwithstanding subparagraph (a)2. After expiration of the 20-year period, a county
may continue to use up to 10 percent of the surtax proceeds for any public purpose other than for
infrastructure if the county adopts an ordinance providing for such continued use of the surtax
proceeds.
(g) Notwithstanding paragraph (d), a county having a population greater than 75,000 in
which the taxable value of real property is less than 60 percent of the just value of real property
for ad valorem tax purposes for the tax year in which an infrastructure surtax referendum is
placed before the voters, and the municipalities within such a county, may use the proceeds and
interest of the surtax for operation and maintenance of parks and recreation programs and
facilities established with the proceeds of the surtax throughout the duration of the surtax levy or
while interest earnings accruing from the proceeds of the surtax are available for such use,
whichever period is longer.
(h) Notwithstanding any other provision of this section, a county shall not levy local option
sales surtaxes authorized in this subsection and subsections (3), (4), and (5) in excess of a
combined rate of 1 percent.
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ORDINANCE NO. 2018- 21
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, IMPOSING A COUNTYWIDE LOCAL
GOVERNMENT INFRASTRUCTURE SURTAX OF ONE PERCENT (1%)
ON ALL AUTHORIZED TAXABLE TRANSACTIONS OCCURRING
WITHIN COLLIER COUNTY, AS AUTHORIZED BY SECTION
212.055(2), FLORIDA STATUTES, EFFECTIVE BEGINNING JANUARY
1, 2019, FOR A PERIOD OF UP TO SEVEN (7) YEARS OR UNTIL THE
AGGREGATE FUNDS OF$490,000,000 ARE COLLECTED,WHICHEVER
IS SOONER; PROVIDING THAT THE IMPOSITION OF THE SURTAX
SHALL BE CONTINGENT ON APPROVAL AT A COUNTYWIDE
REFERENDUM; PROVIDING FOR A WEBPAGE WHICH DETAILS THE
PROPOSED PROJECTS FOR THE PUBLIC; PROVIDING FOR
DISTRIBUTION OF SURTAX REVENUES AMONG THE COUNTY AND
THE MUNICIPALITIES WITHIN THE COUNTY; PROVIDING FOR
CITIZEN OVERSIGHT; PROVIDING BALLOT LANGUAGE AND
DIRECTING THE SUPERVISOR OF ELECTIONS TO HOLD A
COUNTYWIDE PRECINCT REFERENDUM ELECTION ON
NOVEMBER 6,2018.
WHEREAS, Section 212.055(2),Florida Statutes, authorizes the Collier County Board of
County Commissioners ("Board") to impose a 1.0 percent (1%) local government infrastructure
surtax("Surtax")upon transactions occurring within Collier County("County")which are taxable
under Chapter 212, Florida Statutes; and
WHEREAS,a 1.0 percent(1%) Surtax would,under current State sales tax rates,result in
a one cent (1¢) Surtax on each one dollar ($1.00) sale as specifically provided by law and will be
applied to each fractional part of one dollar accordingly; and
WHEREAS,the Surtax differs from the transactions subject to the State sales tax in that
the local option sales tax base applies only to the first $5,000 of the purchase price of an item of
taxable personal property while the State sales tax applies to the entire purchase price regardless
of amount,pursuant to Section 212.054(2)(b)(1), Florida Statutes; and
WHEREAS,the Surtax does not apply to certain groceries,medical products and supplies,
fuel,and other specifically identified goods and services listed in Section 212.08,Florida Statutes;
and
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WHEREAS, the funds derived from the imposition of the Surtax shall be distributed to
the County and the municipalities of the County("Municipalities"),as set forth in Section 218.62,
Florida Statutes, if no interlocal agreement is entered into; and
WHEREAS, funds received from the Surtax authorized by Section 212.055(2), Florida
Statutes,may be utilized by the County and Municipalities to finance,plan, construct,reconstruct,
renovate and improve needed infrastructure,as defined in Section 212.055(2)(d), Florida Statutes;
and
WHEREAS,the County and the Municipalities are presently without sufficient fiscal and
monetary resources to adequately fund their infrastructure needs; and
WHEREAS,adequate public infrastructure facilities of the types herein described promote
the safe, efficient and uninterrupted provision of numerous essential public services provided by
the County and the Municipalities, including but not limited to roads,bridges, signals, sidewalks,
parks, evacuation shelters, governmental facilities, including emergency services facilities;
acquiring land and construction for workforce housing and career and technical training,veterans'
nursing home and expand mental health facilities; and
WHEREAS, a brief description of the projects to be funded is set forth in the ballot
language contained in this Ordinance and a more specific list of projects to be funded is attached
hereto as Exhibit A; and
WHEREAS, the County and the Municipalities shall establish a citizen oversight
committee to provide for citizen review of the expenditure of Surtax proceeds.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida,that:
SECTION ONE. Incorporation of Recitals.
The above recitals are true and correct and are hereby incorporated by reference.
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SECTION TWO. Imposition of Local Government Infrastructure Surtax.
There is hereby imposed a one percent (1%) local government infrastructure surtax
Surtax") upon all authorized taxable transactions occurring within the County.
SECTION THREE. Administration, Collection and Distribution of Proceeds.
The Surtax shall be administered,collected,and enforced in accordance with the provisions
of Section 212.054, Florida Statutes, and the rules promulgated by the Florida Department of
Revenue. The proceeds of the Surtax shall be distributed by the Department of Revenue directly
to the County and Municipalities, in accordance with Section 218.62, Florida Statutes.
SECTION FOUR. Referendum Election.
a) The Surtax imposed in Section Two hereof shall not take effect unless and until
approved by a majority of the electors of the County voting in a countywide precinct referendum
election on the Surtax.
b) The Collier County Supervisor of Elections is hereby directed to hold such
countywide precinct referendum election on November 6,2018.
c) The Collier County Supervisor of Elections shall cause the following proposition
to be placed on the ballot:
COLLIER COUNTY AND MUNICIPAL INFRASTRUCTURE
ONE-CENT SALES SURTAX
To enhance safety, mobility, and hurricane preparedness in Collier
County and its cities by constructing, repairing, and maintaining
roads, bridges, signals, sidewalks, parks, evacuation shelters,
governmental and emergency services facilities; acquire land and
support construction for workforce housing and career and technical
training,veterans'nursing home and expand mental health facilities;
shall the County levy a one-cent sales surtax beginning January 1,
2019 and automatically ending December 31, 2025, with oversight
by citizen committee?
FOR THE ONE-CENT SALES TAX
AGAINST THE ONE-CENT SALES TAX
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SECTION FIVE. Advertisement and Webpage.
The Collier County Clerk of Court shall insure that notice of this referendum be advertised
in accordance with the provisions of Section 100.342, Florida Statutes. Proof of publication shall
be provided to the Chair of the Board. Upon adoption of this Ordinance, the County shall create
a webpage available to the public on the County's main website which details the proposed projects
to be funded by the Surtax,as well as the particulars regarding the imposition and collection of the
Surtax.
SECTION SIX.Expiration Date; Survival of Certain Restricted Uses.
a) Sunset. In all events,this Ordinance shall be in effect only through December 31,
2025. It shall sunset and expire thereafter,without further action by the Board and the electors, at
which time it shall be deemed repealed and of no further force and effect, and the Surtax levied
hereunder shall terminate. Alternatively,this Ordinance shall sunset on December 31 st of any year
during the term of this Ordinance in the event that the total aggregate distributions of Surtax
proceeds equal or exceed the amount of$490,000,000 at any time during that calendar year, in
which event the Board shall take necessary action to repeal this Ordinance and notify the Florida
Department of Revenue prior to the applicable deadline so that the Surtax will not continue for the
following year.
b) Survival of restrictions on use of Surtax proceeds. Notwithstanding the provisions
of subsection (a) for the expiration and repeal of this Ordinance, so long as any Surtax proceeds
shall remain unspent, the restrictions hereby imposed concerning the distribution and use of such
Surtax proceeds as well as the proceeds of any borrowings payable from Surtax proceeds, and all
interest and other investment earnings on either of them shall survive such expiration and repeal
and shall be fully enforceable in a court of competent jurisdiction.
SECTION SEVEN. Infrastructure Surtax Citizen Oversight Committee.
a) Creation. Upon the approval of the Surtax by the electors of Collier County, the
Board shall hereby assemble an Infrastructure Surtax Citizen Oversight Committee("Committee")
to provide for citizen review of the expenditure of the Surtax proceeds by the County, as soon as
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possible after the Surtax becomes effective,but not later than the date on which the funds are first
expended. The Committee shall serve as an ad hoc advisory and reporting body to the County.
b) Composition. The Committee shall be comprised of seven (7) members. There
shall be one(1)member appointed from each County District,and two(2)at-large members. Upon
confirmation that said individuals meet the requirements herein, the Board shall appoint said
individuals to this Committee. Appointment of positions, unless otherwise stated herein, shall be
governed by Collier County Ordinance No. 2001-55, as may be amended, or by its successor
ordinance.
c) Membership Qualifications. All members shall have the following qualifications:
1) Member shall be a resident of Collier County;
2) Member shall not be an elected official;
3) Member shall not be a current employee of any governmental body within
Collier County;
4) Special consideration shall be given to nominees that have financial or
business management backgrounds and experience; and
5) Member shall meet the qualifications set forth in Collier County Ordinance
No. 2001-55, as may be amended or its successor ordinance.
d) Term. The initial terms for the at-large seats shall be one year;the remainder of the
at-large terms shall be for two years or until the Committee sunsets. The initial terms and all terms
thereafter for each District seat shall be for two years or until the Committee sunsets. All members
shall be eligible for reappointment upon the expiration of their term. Upon resignation or removal
of a member from a seat, that seat will be filled for the remainder of its term.
e) Removal. Removal of members from the Committee shall be in accordance with
the provisions of Collier County Ordinance No. 2001-55, as it may be amended, or its successor
ordinance.
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f) Sunset. The Committee shall sunset and terminate without further action by the
Board within 2 months of the final expenditure of all of the Surtax proceeds collected by the
County. At its final meeting after the Surtax proceeds have been expended, the Committee shall
prepare a final report to the Board with its findings and recommendations.
g) Duties. The Committee shall have the responsibility to review the expenditure of
Surtax proceeds against the ballot referendum approved by the voters and this Ordinance. The
Board may expend proceeds of the Surtax on projects not specifically stated herein or in the
attached Exhibit A, so long as those projects (1) comply with the intent of the ballot language, (2)
have a positive recommendation by this Committee,and(3)fall within the projects and categories
identified. The Committee shall not recommend alternative projects, unless requested by the
Board.
h) Officer; Meetings; Quorum; Rules of Procedure.
1) Annually the members of the Committee shall elect a chairperson and vice
chairperson from among the members. The chairperson's and vice chairperson's terms in such
positions shall be for one(1)year with eligibility for re-election by the members of the Committee.
2) The Committee shall meet monthly, or as otherwise needed to fulfill their
duties and responsibilities.
3) The presence of at least five (5) members shall constitute a quorum of the
Committee necessary to take action and transact business. In addition, an affirmative vote of a
super majority (majority present plus one) shall be necessary in order to take official action.
Furthermore,by simple majority vote,but never with less than 5 members present,the Committee
shall adopt rules of procedure for its meetings, and thereafter shall be governed by its procedures,
as amended from time to time.
4) The Committee shall keep a written record of meetings, resolutions,
findings and determinations. Copies of all Committee minutes, resolutions, reports and exhibits
shall be submitted to the Board. The Committee shall submit an annual report of its findings and
recommendations to the Board.
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i) Reimbursement of Expenses. Committee members shall receive no compensation
for the performance of their duties, but shall be entitled to receive reimbursement for expenses
reasonably incurred in the performance of their duties upon prior approval by the Board.
j) Duties of the County Manager's Office. The County Manager's Office will provide
such documentation, information, descriptions of procedures, secretarial support and general
assistance to the Committee as may be necessary for the Committee to carry out its functions as
set forth herein.
k) The Committee, its members, and all its proceedings shall be governed by and
comply with the provisions of the Florida Sunshine Law,Chapter 286,Florida Statutes,the Florida
Public Records Law, Chapter 119, Florida Statutes, and the Florida Ethics Code, Chapter 112,
Florida Statutes, and all other applicable local or state statutes, ordinances, or rules.
SECTION EIGHT. Conflict and Severability.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any
phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION NINE. Inclusion in The Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
lettered to accomplish such, and the word "ordinance"may be changed to "section," "article," or
any other appropriate word.
SECTION TEN. Effective Date.
This Ordinance shall be effective upon filing with the Florida Department of State.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County,Florida,this Ze4\ day of r\\ 2018.
ATTEST:BOARD OF COUNTY COMMISSIONERS
DWIGHT E.,BROCK, Clerk COLLIER P I TY, FLO' !! •
By---. 1 A A B
Attest as to Chairman's'
Deputy Cle IOWAndy Solis, Chairman
signature only.
Appro 1;,d -- ! rm and legality:
41111 ,
Jeffrey • r ow, County Attorney
This ordinance filed with the
Secretary of St tkensOffice
v4lo ''day of _
and acknowledgement otf that
filing eceived this dayy
of _ L.
49
By __ _
tout tk
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8.B.1.d
Packet Pg. 38 Attachment: Ordinance 2018-21 (10678 : J1/J2 Jail Steam to Hot Water Boiler Conversion)26.B.2
Packet Pg. 860 Attachment: [Linked] Agenda and Back-up Documents - November 06, 2019 (11020 : Infrastructure Surtax
ofTY, Sr
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614,Ka.Ce.''
FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
April 26, 2018
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Martha Vergara
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2018-21, which was filed in this office on April 26, 2018.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us
8.B.1.d
Packet Pg. 39 Attachment: Ordinance 2018-21 (10678 : J1/J2 Jail Steam to Hot Water Boiler Conversion)26.B.2
Packet Pg. 861 Attachment: [Linked] Agenda and Back-up Documents - November 06, 2019 (11020 : Infrastructure Surtax Citizen Oversight Committee -
11/06/2019
EXECUTIVE SUMMARY
To validate the expenditures for the design and installation of the J3 Jail Isolation Room HVAC
system; to ensure that this project meets the requirements of F.S. 212.055, conforms to the
definition of Infrastructure, and is an eligible project in line with County Ordinance 2018-21 and
the ballot language within; to make a finding that the project expenditures are a valid use of
Infrastructure Sales Surtax Funding.
OBJECTIVE: To validate the proposed expenditures for the design and installation of the J3 Jail
Isolation Room HVAC system.
CONSIDERATIONS: The Surtax began to be collected on January 1, 2019. Projects outlined in
County Ordinance 2018-21 are eligible to receive funding from the Surtax so long as the expenditure
occurred after January 1, 2019, the project meets the requirements of F.S. 212.055, conforms to the
definition of Infrastructure, and is in line with County Ordinance 2018-21. There were 3 main categories
of projects identified in Ordinance 2018-21: Transportation Projects, Facilities & Capital Replacements,
and Community Priorities.
The design and installation of the J3 Jail Isolation Room HVAC system fulfills the definition of
infrastructure as outlined in F.S. 212.055, which defines Infrastructure as:
“Any fixed capital expenditure or fixed capital outlay associated with the construction,
reconstruction, or improvement of public facilities that have a life expectancy of 5 or
more years, any related land acquisition, land improvement, design, and engineering
costs, and all other professional and related costs required to bring the public facilities
into service.”
The project includes the design and installation of an independent HVAC system with dedicated Air
Handling Unit (AHU) and exhaust fan (EF) system with appropriate controls and monitors to provide 4
each fully compliant "Isolation Rooms" per ASHRAE 170-2013 and the 2017 Florida Building Code.
FISCAL IMPACT: Exhibit A identified up to $39M for HVAC, Roofing, and Capital Equipment
Replacements at Sheriff's & County facilities, the costs for Design & Construction are listed below.
Design / Build Total
Project $ 273,108.45
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. Ordinance No.
2018-21, the Collier County infrastructure surtax ordinance, created the Infrastructure Surtax Citizen
Oversight Committee, whose duties are as follows:
Duties. The Committee shall have the responsibility to review the expenditure of Surtax
proceeds against the ballot referendum approved by the voters and this Ordinance. The
Board may expend proceeds of the Surtax on projects not specifically stated herein or in
the attached Exhibit A, so long as those projects (1) comply with the intent of the ballot
language, (2) have a positive recommendation by this Committee, and (3) fall within the
projects and categories identified. The Committee shall not recommend alternative
projects, unless requested by the Board.
A copy of the ordinance, which contains the ballot language, is attached to this Executive Summary
8.B.2
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26.B.2
Packet Pg. 862 Attachment: [Linked] Agenda and Back-up Documents - November 06, 2019 (11020 : Infrastructure Surtax Citizen Oversight Committee -
11/06/2019
for the Committee’s review.
In addition to the Ordinance, it is important that the Committee be comfortable that the proposed
expenditure comports with Florida Statute Sec. 212.055, which authorizes the local government
infrastructure sales surtax. That statute states, in relevant part as follows:
212.055 Discretionary sales surtaxes; legislative intent; authorization and use of proceeds
(2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.
(d) The proceeds of the surtax authorized by this subsection and any accrued interest shall be expended
by the school district, within the county and municipalities within the county, or, in the case of a
negotiated joint county agreement, within another county, to finance, plan, and construct infrastructure; to
acquire any interest in land for public recreation, conservation, or protection of natural resources or to
prevent or satisfy private property rights claims resulting from limitations imposed by the designation of
an area of critical state concern; to provide loans, grants, or rebates to residential or commercial property
owners who make energy efficiency improvements to their residential or commercial property, if a local
government ordinance authorizing such use is approved by referendum; or to finance the closure of
county-owned or municipally owned solid waste landfills that have been closed or are required to be
closed by order of the Department of Environmental Protection. Any use of the proceeds or interest for
purposes of landfill closure before July 1, 1993, is ratified. The proceeds and any interest may not be used
for the operational expenses of infrastructure, except that a county that has a population of fewer than
75,000 and that is required to close a landfill may use the proceeds or interest for long-term maintenance
costs associated with landfill closure. Counties, as defined in s. 125.011, and charter counties may, in
addition, use the proceeds or interest to retire or service indebtedness incurred for bonds issued before
July 1, 1987, for infrastructure purposes, and for bonds subsequently issued to refund such bonds. Any
use of the proceeds or interest for purposes of retiring or servicing indebtedness incurred for refunding
bonds before July 1, 1999, is ratified.
1. For the purposes of this paragraph, the term “infrastructure” means:
a. Any fixed capital expenditure or fixed capital outlay associated with the construction,
reconstruction, or improvement of public facilities that have a life expectancy of 5 or more years, any
related land acquisition, land improvement, design, and engineering costs, and all other professional and
related costs required to bring the public facilities into service. For purposes of this sub-subparagraph, the
term “public facilities” means facilities as defined in s. 163.3164 (13), or s. 189.012 (5), and includes
facilities that are necessary to carry out governmental purposes, including, but not limited to, fire stations,
general governmental office buildings, and animal shelters, regardless of whether the facilities are owned
by the local taxing authority or another governmental entity. -JAK
A copy of the entire statute is included as back-up to this item.
The County Attorney has reviewed this item and believes that the request meets all the requirements of
both the Statute and the Ordinance. As an aside, only those items which I believe satisfy the requirements
of both the Ordinance and the Statute will be brought to the Committee. My opinion, however, is not
binding on the Committee, as the Board of County Commissioners created this Committee “to provide for
citizen review of the expenditure of the Surtax proceeds by the County… (to) serve as an ad hoc advisory
and reporting body to the County.”
Prepared by: John McCormick, P.E., Principal Project Manager, Facilities Management
8.B.2
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26.B.2
Packet Pg. 863 Attachment: [Linked] Agenda and Back-up Documents - November 06, 2019 (11020 : Infrastructure Surtax Citizen Oversight Committee -
11/06/2019
ATTACHMENT(S)
1. Jail Isolation Rooms - PowerPoint (PPTX)
2. Jail Isolation Rooms - Project Checklist (PDF)
3. Infrastructure Surtax Statute (PDF)
4. Ordinance 2018-21 (PDF)
8.B.2
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26.B.2
Packet Pg. 864 Attachment: [Linked] Agenda and Back-up Documents - November 06, 2019 (11020 : Infrastructure Surtax Citizen Oversight Committee -
11/06/2019
COLLIER COUNTY
Collier County Infrastructure Surtax Citizen Oversight Committee
Item Number: 8.B.2
Doc ID: 10679
Item Summary: To validate the expenditures for the design and installation of the J3 Jail Isolation
Room HVAC system; to ensure that this project meets the requirements of F.S. 212.055, conforms to the
definition of Infrastructure, and is an eligible project in line with County Ordinance 2018 -21 and the
ballot language within; to make a finding that the project expenditures are a valid use of Infrastructure
Sales Surtax Funding.
Meeting Date: 11/06/2019
Prepared by:
Title: – Facilities Management
Name: Kathleen Sibert
10/28/2019 11:51 AM
Submitted by:
Title: Director - Facilities Management – Facilities Management
Name: Damon Grant
10/28/2019 11:51 AM
Approved By:
Review:
Facilities Management Damon Grant Director - Facilities Completed 10/28/2019 12:44 PM
Public Utilities Department Dan Rodriguez Additional Reviewer Completed 10/28/2019 2:55 PM
Administrative Services Department Michael Cox Additional Reviewer Completed 10/29/2019 8:15 PM
County Manager's Office Geoffrey Willig Additional Reviewer Completed 10/30/2019 12:20 PM
County Manager's Office Heather Yilmaz Review Item Completed 10/30/2019 12:54 PM
CMO Heather Yilmaz Review Item Completed 10/31/2019 10:10 PM
Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 11/06/2019 8:30 AM
8.B.2
Packet Pg. 43
26.B.2
Packet Pg. 865 Attachment: [Linked] Agenda and Back-up Documents - November 06, 2019 (11020 : Infrastructure Surtax Citizen Oversight Committee -
Prepared By: John McCormick,P.E.Principal Project Manager
Validation of Expenditures for
J3 Jail Isolation Room HVAC
Project # 50181
1 J3 Jail Isolation Room HVACPublic Utilities Department
8.B.2.a
Packet Pg. 44 Attachment: Jail Isolation Rooms - PowerPoint (10679 : J3 Jail Isolation Room HVAC)26.B.2
Packet Pg. 866 Attachment: [Linked] Agenda and Back-up Documents - November 06, 2019 (11020 : Infrastructure Surtax
Project Histo ry
Ø The J3 facility was constructed in 2005 with 4 each negative air pressure holding cells.
Ø Over the year's codes have been developed to the current American Society of
Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) standard 170-2013 for
“Isolation Rooms”.
Ø The original HVAC system, while providing negative air for the holding cells, was no
longer adequate to meet the new requirements.
Ø This project will bring the negative air holding cells into compliance with the ASHRAE
standard 170-2013 for isolation rooms.
2Public Utilities Department J3 Jail Isolation Room HVAC
8.B.2.a
Packet Pg. 45 Attachment: Jail Isolation Rooms - PowerPoint (10679 : J3 Jail Isolation Room HVAC)26.B.2
Packet Pg. 867 Attachment: [Linked] Agenda and Back-up Documents - November 06, 2019 (11020 : Infrastructure Surtax
Project Site Location
3Public Utilities Department J3 Jail Isolation Room HVAC
8.B.2.a
Packet Pg. 46 Attachment: Jail Isolation Rooms - PowerPoint (10679 : J3 Jail Isolation Room HVAC)26.B.2
Packet Pg. 868 Attachment: [Linked] Agenda and Back-up Documents - November 06, 2019 (11020 : Infrastructure Surtax
Project Site Location
4Public Utilities Department J3 Jail Isolation Room HVAC
8.B.2.a
Packet Pg. 47 Attachment: Jail Isolation Rooms - PowerPoint (10679 : J3 Jail Isolation Room HVAC)26.B.2
Packet Pg. 869 Attachment: [Linked] Agenda and Back-up Documents - November 06, 2019 (11020 : Infrastructure Surtax
5
8.B.2.a
Packet Pg. 48 Attachment: Jail Isolation Rooms - PowerPoint (10679 : J3 Jail Isolation Room HVAC)26.B.2
Packet Pg. 870 Attachment: [Linked] Agenda and Back-up Documents - November 06, 2019 (11020 : Infrastructure Surtax
Project Objectives
6
Ø The project includes the design and installation of an independent HVAC system with
dedicated Air Handling Unit (AHU) and exhaust fan (EF) system with appropriate controls
and monitors to provide 4 each fully compliant "Isolation Rooms" per ASHRAE 170-2013 and
the 2017 Florida building code.
Public Utilities Department J3 Jail Isolation Room HVAC
8.B.2.a
Packet Pg. 49 Attachment: Jail Isolation Rooms - PowerPoint (10679 : J3 Jail Isolation Room HVAC)26.B.2
Packet Pg. 871 Attachment: [Linked] Agenda and Back-up Documents - November 06, 2019 (11020 : Infrastructure Surtax
Project Summary / Financials
Ø7-Ye ar Sales Tax in Subcategory: HVAC, Roofing, and Capital Equipment Replacements at Sheriff's
& County facilities
Ø To tal allocations for Projects: $39M
ØProject Estimate:
Ø To tal Estimated Cost for the Collier County J3 Jail Isolation Room HVAC approximately $ 273,108
7Public Utilities Department J3 Jail Isolation Room HVAC
8.B.2.a
Packet Pg. 50 Attachment: Jail Isolation Rooms - PowerPoint (10679 : J3 Jail Isolation Room HVAC)26.B.2
Packet Pg. 872 Attachment: [Linked] Agenda and Back-up Documents - November 06, 2019 (11020 : Infrastructure Surtax
Project Summary / Financials
8
Collier County J3 Jail Isolation Rooms HVAC
Design / Build $ 273,108
TOTAL $ 273,108
Public Utilities Department J3 Jail Isolation Room HVAC
8.B.2.a
Packet Pg. 51 Attachment: Jail Isolation Rooms - PowerPoint (10679 : J3 Jail Isolation Room HVAC)26.B.2
Packet Pg. 873 Attachment: [Linked] Agenda and Back-up Documents - November 06, 2019 (11020 : Infrastructure Surtax
Project Schedules / Status
9Public Utilities Department
Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4
De sign Apr-19 Se p-19
Procurement &Award Jun-19 Se p-19
Build Se p-19 De c-19
2020 2022
ACTIVITY START FINISH
2019
J3 Jail Isolation Room HVAC
8.B.2.a
Packet Pg. 52 Attachment: Jail Isolation Rooms - PowerPoint (10679 : J3 Jail Isolation Room HVAC)26.B.2
Packet Pg. 874 Attachment: [Linked] Agenda and Back-up Documents - November 06, 2019 (11020 : Infrastructure Surtax
Fiscal Impact
10
Cu rrent
Funding
Current
Shortfall
7-Year
Sales Tax
Transportation $289.0 M $87.0 M $202.0 M $191.0 M
Vanderbilt Beach Rd Extension - Collier Blvd to 8th/16th $100.0 M $26.0 M $74.0 M $74.0 M
Pine Ridge Rd, Livingston Rd $31.0 M $8.0 M $23.0 M $23.0 M
Bridge Replacements (11)$23.0 M $16.0 M $7.0 M $7.0 M
Randall intersection $14.0 M $7.0 M $7.0 M $7.0 M
Airport Rd - Widening from vanderbilt to Immokalee $17.0 M $13.0 M $4.0 M $4.0 M
Triangle Blvd $6.0 M $6.0 M $6.0 M
New Bridges - Golden Gate Estates Mobility (11) $88.0 M $17.0 M $71.0 M $60.0 M
Sidewalks $10.0 M $10.0 M $10.0 M
Facilities and Capital Replacements $192.0 M $43.0 M $149.0 M $139.0 M
Forensic/Evidence Building $33.0 M $33.0 M $33.0 M
Big Corkscrew Island Regional Park $60.0 M $20.0 M $40.0 M $40.0 M
DAS Shelter improvements/Replacement $6.0 M $6.0 M $6.0 M
HVAC, Roofing, and Capital Equipment Replacements
at Sheriff's & County facilities $62.0 M $23.0 M $39.0 M $39.0 M
Hurricane Resilience $25.0 M $25.0 M $15.0 M
EMS Substations $6.0 M $6.0 M $6.0 M
Community Priorities $100.0 M $100.0 M $90.0 M
Career and Technical Training Center $15.0 M $15.0 M $15.0 M
VA Nursing Home $40.0 M $40.0 M $30.0 M
Workforce Housing Land Trust Fund $20.0 M $20.0 M $20.0 M
Mental Health Facility $25.0 M $25.0 M $25.0 M
Grand Total $581.0 M $130.0 M $451.0 M $420.0 M
Total Estimated
Cost
Public Utilities Department J3 Jail Isolation Room HVAC
8.B.2.a
Packet Pg. 53 Attachment: Jail Isolation Rooms - PowerPoint (10679 : J3 Jail Isolation Room HVAC)26.B.2
Packet Pg. 875 Attachment: [Linked] Agenda and Back-up Documents - November 06, 2019 (11020 : Infrastructure Surtax
Project Funding Estimate
11Public Utilities Department J3 Jail Isolation Room HVAC
8.B.2.a
Packet Pg. 54 Attachment: Jail Isolation Rooms - PowerPoint (10679 : J3 Jail Isolation Room HVAC)26.B.2
Packet Pg. 876 Attachment: [Linked] Agenda and Back-up Documents - November 06, 2019 (11020 : Infrastructure Surtax
Re co mmendation
To validate the expenditures for the design and installation of the J3 Jail Isolation Room HVAC system ;
to ensure that this project meets the requirements of F.S. 212.055, conforms to the definition of
Infrastructure, and is an eligible project in line with County Ordinance 2018-21 and the ballot
language within; to make a finding that the project expenditures are a valid use of Infrastructure Sales
Surtax Funding.
12Public Utilities Department J3 Jail Isolation Room HVAC
8.B.2.a
Packet Pg. 55 Attachment: Jail Isolation Rooms - PowerPoint (10679 : J3 Jail Isolation Room HVAC)26.B.2
Packet Pg. 877 Attachment: [Linked] Agenda and Back-up Documents - November 06, 2019 (11020 : Infrastructure Surtax
Project Project #
Infrastructure Surtax Citizens Oversite Committee Project Checklist
Project(s) in line with F.S. 212.055
Expenditure related to infrastructure as follows:
Construction
Improvement of public facilities
Land acquisition
Land improvement
Design
Engineering costs
Professional & related costs to bring facility into service (CEI, Material Testing, Specialty
Consultants)
EMS vehicles associated with 3 new substations
Court-related expenditures for the construction, lease or maintenance of the Court-related
facilities including utilities and security infrastructure
Life expectancy of at least 5 years
Land Acquisition expenditure for Residential housing project where at least 30% of units are
affordable to individuals whose total annual household income does not exceed 120% of area
median income.
Project(s) in line with County Ordinance 2018-21
Project(s) identified in Exhibit A within County Ordinance 2018-21
Project(s) in line with Ballot Language within County Ordinance 2018-21
The Infrastructure Surtax Citizens Oversight Committee (ISCOC) validated that the
project meets the necessary requirements and is
eligible to use Surtax Funding on , 2019.
Chairman
Exhibit A Reference
Category:
Sub-Category:
Funding Requested:
8.B.2.b
Packet Pg. 56 Attachment: Jail Isolation Rooms - Project Checklist (10679 : J3 Jail Isolation Room HVAC)26.B.2
Packet Pg. 878 Attachment: [Linked] Agenda and Back-up Documents - November 06, 2019 (11020 : Infrastructure Surtax Citizen Oversight Committee -
212.055 Discretionary sales surtaxes; legislative intent; authorization and use of
proceeds.—It is the legislative intent that any authorization for imposition of a discretionary
sales surtax shall be published in the Florida Statutes as a subsection of this section, irrespective
of the duration of the levy. Each enactment shall specify the types of counties authorized to levy;
the rate or rates which may be imposed; the maximum length of time the surtax may be imposed,
if any; the procedure which must be followed to secure voter approval, if required; the purpose
for which the proceeds may be expended; and such other requirements as the Legislature may
provide. Taxable transactions and administrative procedures shall be as provided in s. 212.054.
(2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.—
(a)1. The governing authority in each county may levy a discretionary sales surtax of 0.5
percent or 1 percent. The levy of the surtax shall be pursuant to ordinance enacted by a majority
of the members of the county governing authority and approved by a majority of the electors of
the county voting in a referendum on the surtax. If the governing bodies of the municipalities
representing a majority of the county’s population adopt uniform resolutions establishing the rate
of the surtax and calling for a referendum on the surtax, the levy of the surtax shall be placed on
the ballot and shall take effect if approved by a majority of the electors of the county voting in
the referendum on the surtax.
2. If the surtax was levied pursuant to a referendum held before July 1, 1993, the surtax may
not be levied beyond the time established in the ordinance, or, if the ordinance did not limit the
period of the levy, the surtax may not be levied for more than 15 years. The levy of such surtax
may be extended only by approval of a majority of the electors of the county voting in a
referendum on the surtax.
(b) A statement which includes a brief general description of the projects to be funded by the
surtax and which conforms to the requirements of s. 101.161 shall be placed on the ballot by the
governing authority of any county which enacts an ordinance calling for a referendum on the
levy of the surtax or in which the governing bodies of the municipalities representing a majority
of the county’s population adopt uniform resolutions calling for a referendum on the surtax. The
following question shall be placed on the ballot:
FOR the -cent sales tax
AGAINST the -cent sales tax
(c) Pursuant to s. 212.054(4), the proceeds of the surtax levied under this subsection shall be
distributed to the county and the municipalities within such county in which the surtax was
collected, according to:
1. An interlocal agreement between the county governing authority and the governing bodies
of the municipalities representing a majority of the county’s municipal population, which
agreement may include a school district with the consent of the county governing authority and
the governing bodies of the municipalities representing a majority of the county’s municipal
population; or
2. If there is no interlocal agreement, according to the formula provided in s. 218.62.
Any change in the distribution formula must take effect on the first day of any month that begins
at least 60 days after written notification of that change has been made to the department.
(d) The proceeds of the surtax authorized by this subsection and any accrued interest shall be
expended by the school district, within the county and municipalities within the county, or, in the
8.B.2.c
Packet Pg. 57 Attachment: Infrastructure Surtax Statute (10679 : J3 Jail Isolation Room HVAC)26.B.2
Packet Pg. 879 Attachment: [Linked] Agenda and Back-up Documents - November 06, 2019 (11020 : Infrastructure Surtax Citizen Oversight Committee -
case of a negotiated joint county agreement, within another county, to finance, plan, and
construct infrastructure; to acquire any interest in land for public recreation, conservation, or
protection of natural resources or to prevent or satisfy private property rights claims resulting
from limitations imposed by the designation of an area of critical state concern; to provide loans,
grants, or rebates to residential or commercial property owners who make energy efficiency
improvements to their residential or commercial property, if a local government ordinance
authorizing such use is approved by referendum; or to finance the closure of county-owned or
municipally owned solid waste landfills that have been closed or are required to be closed by
order of the Department of Environmental Protection. Any use of the proceeds or interest for
purposes of landfill closure before July 1, 1993, is ratified. The proceeds and any interest may
not be used for the operational expenses of infrastructure, except that a county that has a
population of fewer than 75,000 and that is required to close a landfill may use the proceeds or
interest for long-term maintenance costs associated with landfill closure. Counties, as defined in
s. 125.011, and charter counties may, in addition, use the proceeds or interest to retire or service
indebtedness incurred for bonds issued before July 1, 1987, for infrastructure purposes, and for
bonds subsequently issued to refund such bonds. Any use of the proceeds or interest for purposes
of retiring or servicing indebtedness incurred for refunding bonds before July 1, 1999, is ratified.
1. For the purposes of this paragraph, the term “infrastructure” means:
a. Any fixed capital expenditure or fixed capital outlay associated with the construction,
reconstruction, or improvement of public facilities that have a life expectancy of 5 or more years,
any related land acquisition, land improvement, design, and engineering costs, and all other
professional and related costs required to bring the public facilities into service. For purposes of
this sub-subparagraph, the term “public facilities” means facilities as defined in s. 163.3164(39),
s.163.3221(13), or s. 189.012(5), and includes facilities that are necessary to carry out
governmental purposes, including, but not limited to, fire stations, general governmental office
buildings, and animal shelters, regardless of whether the facilities are owned by the local taxing
authority or another governmental entity.
b. A fire department vehicle, an emergency medical service vehicle, a sheriff’s office
vehicle, a police department vehicle, or any other vehicle, and the equipment necessary to outfit
the vehicle for its official use or equipment that has a life expectancy of at least 5 years.
c. Any expenditure for the construction, lease, or maintenance of, or provision of utilities or
security for, facilities, as defined in s. 29.008.
d. Any fixed capital expenditure or fixed capital outlay associated with the improvement of
private facilities that have a life expectancy of 5 or more years and that the owner agrees to make
available for use on a temporary basis as needed by a local government as a public emergency
shelter or a staging area for emergency response equipment during an emergency officially
declared by the state or by the local government under s. 252.38. Such improvements are limited
to those necessary to comply with current standards for public emergency evacuation shelters.
The owner must enter into a written contract with the local government providing the
improvement funding to make the private facility available to the public for purposes of
emergency shelter at no cost to the local government for a minimum of 10 years after completion
of the improvement, with the provision that the obligation will transfer to any subsequent owner
until the end of the minimum period.
e. Any land acquisition expenditure for a residential housing project in which at least 30
percent of the units are affordable to individuals or families whose total annual household
income does not exceed 120 percent of the area median income adjusted for household size, if
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the land is owned by a local government or by a special district that enters into a written
agreement with the local government to provide such housing. The local government or special
district may enter into a ground lease with a public or private person or entity for nominal or
other consideration for the construction of the residential housing project on land acquired
pursuant to this sub-subparagraph.
f. Instructional technology used solely in a school district’s classrooms. As used in this sub-
subparagraph, the term “instructional technology” means an interactive device that assists a
teacher in instructing a class or a group of students and includes the necessary hardware and
software to operate the interactive device. The term also includes support systems in which an
interactive device may mount and is not required to be affixed to the facilities.
2. For the purposes of this paragraph, the term “energy efficiency improvement” means any
energy conservation and efficiency improvement that reduces consumption through conservation
or a more efficient use of electricity, natural gas, propane, or other forms of energy on the
property, including, but not limited to, air sealing; installation of insulation; installation of
energy-efficient heating, cooling, or ventilation systems; installation of solar panels; building
modifications to increase the use of daylight or shade; replacement of windows; installation of
energy controls or energy recovery systems; installation of electric vehicle charging equipment;
installation of systems for natural gas fuel as defined in s. 206.9951; and installation of efficient
lighting equipment.
3. Notwithstanding any other provision of this subsection, a local government infrastructure
surtax imposed or extended after July 1, 1998, may allocate up to 15 percent of the surtax
proceeds for deposit into a trust fund within the county’s accounts created for the purpose of
funding economic development projects having a general public purpose of improving local
economies, including the funding of operational costs and incentives related to economic
development. The ballot statement must indicate the intention to make an allocation under the
authority of this subparagraph.
(e) School districts, counties, and municipalities receiving proceeds under the provisions of
this subsection may pledge such proceeds for the purpose of servicing new bond indebtedness
incurred pursuant to law. Local governments may use the services of the Division of Bond
Finance of the State Board of Administration pursuant to the State Bond Act to issue any bonds
through the provisions of this subsection. Counties and municipalities may join together for the
issuance of bonds authorized by this subsection.
(f)1. Notwithstanding paragraph (d), a county that has a population of 50,000 or less on
April 1, 1992, or any county designated as an area of critical state concern on the effective date
of this act, and that imposed the surtax before July 1, 1992, may use the proceeds and interest of
the surtax for any public purpose if:
a. The debt service obligations for any year are met;
b. The county’s comprehensive plan has been determined to be in compliance with part II of
chapter 163; and
c. The county has adopted an amendment to the surtax ordinance pursuant to the procedure
provided in s. 125.66 authorizing additional uses of the surtax proceeds and interest.
2. A municipality located within a county that has a population of 50,000 or less on April 1,
1992, or within a county designated as an area of critical state concern on the effective date of
this act, and that imposed the surtax before July 1, 1992, may not use the proceeds and interest of
the surtax for any purpose other than an infrastructure purpose authorized in paragraph (d) unless
the municipality’s comprehensive plan has been determined to be in compliance with part II of
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chapter 163 and the municipality has adopted an amendment to its surtax ordinance or resolution
pursuant to the procedure provided in s. 166.041 authorizing additional uses of the surtax
proceeds and interest. Such municipality may expend the surtax proceeds and interest for any
public purpose authorized in the amendment.
3. Those counties designated as an area of critical state concern which qualify to use the
surtax for any public purpose may use only up to 10 percent of the surtax proceeds for any public
purpose other than for infrastructure purposes authorized by this section. A county that was
designated as an area of critical state concern for at least 20 consecutive years prior to removal of
the designation, and that qualified to use the surtax for any public purpose at the time of the
removal of the designation, may continue to use up to 10 percent of the surtax proceeds for any
public purpose other than for infrastructure purposes for 20 years following removal of the
designation, notwithstanding subparagraph (a)2. After expiration of the 20-year period, a county
may continue to use up to 10 percent of the surtax proceeds for any public purpose other than for
infrastructure if the county adopts an ordinance providing for such continued use of the surtax
proceeds.
(g) Notwithstanding paragraph (d), a county having a population greater than 75,000 in
which the taxable value of real property is less than 60 percent of the just value of real property
for ad valorem tax purposes for the tax year in which an infrastructure surtax referendum is
placed before the voters, and the municipalities within such a county, may use the proceeds and
interest of the surtax for operation and maintenance of parks and recreation programs and
facilities established with the proceeds of the surtax throughout the duration of the surtax levy or
while interest earnings accruing from the proceeds of the surtax are available for such use,
whichever period is longer.
(h) Notwithstanding any other provision of this section, a county shall not levy local option
sales surtaxes authorized in this subsection and subsections (3), (4), and (5) in excess of a
combined rate of 1 percent.
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ORDINANCE NO. 2018- 21
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, IMPOSING A COUNTYWIDE LOCAL
GOVERNMENT INFRASTRUCTURE SURTAX OF ONE PERCENT (1%)
ON ALL AUTHORIZED TAXABLE TRANSACTIONS OCCURRING
WITHIN COLLIER COUNTY, AS AUTHORIZED BY SECTION
212.055(2), FLORIDA STATUTES, EFFECTIVE BEGINNING JANUARY
1, 2019, FOR A PERIOD OF UP TO SEVEN (7) YEARS OR UNTIL THE
AGGREGATE FUNDS OF$490,000,000 ARE COLLECTED,WHICHEVER
IS SOONER; PROVIDING THAT THE IMPOSITION OF THE SURTAX
SHALL BE CONTINGENT ON APPROVAL AT A COUNTYWIDE
REFERENDUM; PROVIDING FOR A WEBPAGE WHICH DETAILS THE
PROPOSED PROJECTS FOR THE PUBLIC; PROVIDING FOR
DISTRIBUTION OF SURTAX REVENUES AMONG THE COUNTY AND
THE MUNICIPALITIES WITHIN THE COUNTY; PROVIDING FOR
CITIZEN OVERSIGHT; PROVIDING BALLOT LANGUAGE AND
DIRECTING THE SUPERVISOR OF ELECTIONS TO HOLD A
COUNTYWIDE PRECINCT REFERENDUM ELECTION ON
NOVEMBER 6,2018.
WHEREAS, Section 212.055(2),Florida Statutes, authorizes the Collier County Board of
County Commissioners ("Board") to impose a 1.0 percent (1%) local government infrastructure
surtax("Surtax")upon transactions occurring within Collier County("County")which are taxable
under Chapter 212, Florida Statutes; and
WHEREAS,a 1.0 percent(1%) Surtax would,under current State sales tax rates,result in
a one cent (1¢) Surtax on each one dollar ($1.00) sale as specifically provided by law and will be
applied to each fractional part of one dollar accordingly; and
WHEREAS,the Surtax differs from the transactions subject to the State sales tax in that
the local option sales tax base applies only to the first $5,000 of the purchase price of an item of
taxable personal property while the State sales tax applies to the entire purchase price regardless
of amount,pursuant to Section 212.054(2)(b)(1), Florida Statutes; and
WHEREAS,the Surtax does not apply to certain groceries,medical products and supplies,
fuel,and other specifically identified goods and services listed in Section 212.08,Florida Statutes;
and
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WHEREAS, the funds derived from the imposition of the Surtax shall be distributed to
the County and the municipalities of the County("Municipalities"),as set forth in Section 218.62,
Florida Statutes, if no interlocal agreement is entered into; and
WHEREAS, funds received from the Surtax authorized by Section 212.055(2), Florida
Statutes,may be utilized by the County and Municipalities to finance,plan, construct,reconstruct,
renovate and improve needed infrastructure,as defined in Section 212.055(2)(d), Florida Statutes;
and
WHEREAS,the County and the Municipalities are presently without sufficient fiscal and
monetary resources to adequately fund their infrastructure needs; and
WHEREAS,adequate public infrastructure facilities of the types herein described promote
the safe, efficient and uninterrupted provision of numerous essential public services provided by
the County and the Municipalities, including but not limited to roads,bridges, signals, sidewalks,
parks, evacuation shelters, governmental facilities, including emergency services facilities;
acquiring land and construction for workforce housing and career and technical training,veterans'
nursing home and expand mental health facilities; and
WHEREAS, a brief description of the projects to be funded is set forth in the ballot
language contained in this Ordinance and a more specific list of projects to be funded is attached
hereto as Exhibit A; and
WHEREAS, the County and the Municipalities shall establish a citizen oversight
committee to provide for citizen review of the expenditure of Surtax proceeds.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida,that:
SECTION ONE. Incorporation of Recitals.
The above recitals are true and correct and are hereby incorporated by reference.
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SECTION TWO. Imposition of Local Government Infrastructure Surtax.
There is hereby imposed a one percent (1%) local government infrastructure surtax
Surtax") upon all authorized taxable transactions occurring within the County.
SECTION THREE. Administration, Collection and Distribution of Proceeds.
The Surtax shall be administered,collected,and enforced in accordance with the provisions
of Section 212.054, Florida Statutes, and the rules promulgated by the Florida Department of
Revenue. The proceeds of the Surtax shall be distributed by the Department of Revenue directly
to the County and Municipalities, in accordance with Section 218.62, Florida Statutes.
SECTION FOUR. Referendum Election.
a) The Surtax imposed in Section Two hereof shall not take effect unless and until
approved by a majority of the electors of the County voting in a countywide precinct referendum
election on the Surtax.
b) The Collier County Supervisor of Elections is hereby directed to hold such
countywide precinct referendum election on November 6,2018.
c) The Collier County Supervisor of Elections shall cause the following proposition
to be placed on the ballot:
COLLIER COUNTY AND MUNICIPAL INFRASTRUCTURE
ONE-CENT SALES SURTAX
To enhance safety, mobility, and hurricane preparedness in Collier
County and its cities by constructing, repairing, and maintaining
roads, bridges, signals, sidewalks, parks, evacuation shelters,
governmental and emergency services facilities; acquire land and
support construction for workforce housing and career and technical
training,veterans'nursing home and expand mental health facilities;
shall the County levy a one-cent sales surtax beginning January 1,
2019 and automatically ending December 31, 2025, with oversight
by citizen committee?
FOR THE ONE-CENT SALES TAX
AGAINST THE ONE-CENT SALES TAX
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SECTION FIVE. Advertisement and Webpage.
The Collier County Clerk of Court shall insure that notice of this referendum be advertised
in accordance with the provisions of Section 100.342, Florida Statutes. Proof of publication shall
be provided to the Chair of the Board. Upon adoption of this Ordinance, the County shall create
a webpage available to the public on the County's main website which details the proposed projects
to be funded by the Surtax,as well as the particulars regarding the imposition and collection of the
Surtax.
SECTION SIX.Expiration Date; Survival of Certain Restricted Uses.
a) Sunset. In all events,this Ordinance shall be in effect only through December 31,
2025. It shall sunset and expire thereafter,without further action by the Board and the electors, at
which time it shall be deemed repealed and of no further force and effect, and the Surtax levied
hereunder shall terminate. Alternatively,this Ordinance shall sunset on December 31 st of any year
during the term of this Ordinance in the event that the total aggregate distributions of Surtax
proceeds equal or exceed the amount of$490,000,000 at any time during that calendar year, in
which event the Board shall take necessary action to repeal this Ordinance and notify the Florida
Department of Revenue prior to the applicable deadline so that the Surtax will not continue for the
following year.
b) Survival of restrictions on use of Surtax proceeds. Notwithstanding the provisions
of subsection (a) for the expiration and repeal of this Ordinance, so long as any Surtax proceeds
shall remain unspent, the restrictions hereby imposed concerning the distribution and use of such
Surtax proceeds as well as the proceeds of any borrowings payable from Surtax proceeds, and all
interest and other investment earnings on either of them shall survive such expiration and repeal
and shall be fully enforceable in a court of competent jurisdiction.
SECTION SEVEN. Infrastructure Surtax Citizen Oversight Committee.
a) Creation. Upon the approval of the Surtax by the electors of Collier County, the
Board shall hereby assemble an Infrastructure Surtax Citizen Oversight Committee("Committee")
to provide for citizen review of the expenditure of the Surtax proceeds by the County, as soon as
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possible after the Surtax becomes effective,but not later than the date on which the funds are first
expended. The Committee shall serve as an ad hoc advisory and reporting body to the County.
b) Composition. The Committee shall be comprised of seven (7) members. There
shall be one(1)member appointed from each County District,and two(2)at-large members. Upon
confirmation that said individuals meet the requirements herein, the Board shall appoint said
individuals to this Committee. Appointment of positions, unless otherwise stated herein, shall be
governed by Collier County Ordinance No. 2001-55, as may be amended, or by its successor
ordinance.
c) Membership Qualifications. All members shall have the following qualifications:
1) Member shall be a resident of Collier County;
2) Member shall not be an elected official;
3) Member shall not be a current employee of any governmental body within
Collier County;
4) Special consideration shall be given to nominees that have financial or
business management backgrounds and experience; and
5) Member shall meet the qualifications set forth in Collier County Ordinance
No. 2001-55, as may be amended or its successor ordinance.
d) Term. The initial terms for the at-large seats shall be one year;the remainder of the
at-large terms shall be for two years or until the Committee sunsets. The initial terms and all terms
thereafter for each District seat shall be for two years or until the Committee sunsets. All members
shall be eligible for reappointment upon the expiration of their term. Upon resignation or removal
of a member from a seat, that seat will be filled for the remainder of its term.
e) Removal. Removal of members from the Committee shall be in accordance with
the provisions of Collier County Ordinance No. 2001-55, as it may be amended, or its successor
ordinance.
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f) Sunset. The Committee shall sunset and terminate without further action by the
Board within 2 months of the final expenditure of all of the Surtax proceeds collected by the
County. At its final meeting after the Surtax proceeds have been expended, the Committee shall
prepare a final report to the Board with its findings and recommendations.
g) Duties. The Committee shall have the responsibility to review the expenditure of
Surtax proceeds against the ballot referendum approved by the voters and this Ordinance. The
Board may expend proceeds of the Surtax on projects not specifically stated herein or in the
attached Exhibit A, so long as those projects (1) comply with the intent of the ballot language, (2)
have a positive recommendation by this Committee,and(3)fall within the projects and categories
identified. The Committee shall not recommend alternative projects, unless requested by the
Board.
h) Officer; Meetings; Quorum; Rules of Procedure.
1) Annually the members of the Committee shall elect a chairperson and vice
chairperson from among the members. The chairperson's and vice chairperson's terms in such
positions shall be for one(1)year with eligibility for re-election by the members of the Committee.
2) The Committee shall meet monthly, or as otherwise needed to fulfill their
duties and responsibilities.
3) The presence of at least five (5) members shall constitute a quorum of the
Committee necessary to take action and transact business. In addition, an affirmative vote of a
super majority (majority present plus one) shall be necessary in order to take official action.
Furthermore,by simple majority vote,but never with less than 5 members present,the Committee
shall adopt rules of procedure for its meetings, and thereafter shall be governed by its procedures,
as amended from time to time.
4) The Committee shall keep a written record of meetings, resolutions,
findings and determinations. Copies of all Committee minutes, resolutions, reports and exhibits
shall be submitted to the Board. The Committee shall submit an annual report of its findings and
recommendations to the Board.
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i) Reimbursement of Expenses. Committee members shall receive no compensation
for the performance of their duties, but shall be entitled to receive reimbursement for expenses
reasonably incurred in the performance of their duties upon prior approval by the Board.
j) Duties of the County Manager's Office. The County Manager's Office will provide
such documentation, information, descriptions of procedures, secretarial support and general
assistance to the Committee as may be necessary for the Committee to carry out its functions as
set forth herein.
k) The Committee, its members, and all its proceedings shall be governed by and
comply with the provisions of the Florida Sunshine Law,Chapter 286,Florida Statutes,the Florida
Public Records Law, Chapter 119, Florida Statutes, and the Florida Ethics Code, Chapter 112,
Florida Statutes, and all other applicable local or state statutes, ordinances, or rules.
SECTION EIGHT. Conflict and Severability.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any
phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION NINE. Inclusion in The Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
lettered to accomplish such, and the word "ordinance"may be changed to "section," "article," or
any other appropriate word.
SECTION TEN. Effective Date.
This Ordinance shall be effective upon filing with the Florida Department of State.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County,Florida,this Ze4\ day of r\\ 2018.
ATTEST:BOARD OF COUNTY COMMISSIONERS
DWIGHT E.,BROCK, Clerk COLLIER P I TY, FLO' !! •
By---. 1 A A B
Attest as to Chairman's'
Deputy Cle IOWAndy Solis, Chairman
signature only.
Appro 1;,d -- ! rm and legality:
41111 ,
Jeffrey • r ow, County Attorney
This ordinance filed with the
Secretary of St tkensOffice
v4lo ''day of _
and acknowledgement otf that
filing eceived this dayy
of _ L.
49
By __ _
tout tk
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ofTY, Sr
FIk y 1 ei
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614,Ka.Ce.''
FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
April 26, 2018
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Martha Vergara
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2018-21, which was filed in this office on April 26, 2018.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us
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11/06/2019
EXECUTIVE SUMMARY
To validate the expenditures for the Security Control System Replacement for the Collier County
Jail Facilities; to ensure that this project meets the requirements of F.S. 212.055, conforms to the
definition of Infrastructure, and is an eligible project in line with County Ordinance 2018-21 and
the ballot language within; to make a finding that the project expenditures are a valid use of
Infrastructure Sales Surtax Funding.
OBJECTIVE: To validate the proposed expenditures for the replacement of the Security Control
System Replacement for the Collier County Jail Facilities.
CONSIDERATIONS: The Surtax began to be collected on January 1, 2019. Projects outlined in
County Ordinance 2018-21 are eligible to receive funding from the Surtax so long as the expenditure
occurred after January 1, 2019, the project meets the requirements of F.S. 212.055, conforms to the
definition of Infrastructure, and is in line with County Ordinance 2018-21. There were 3 main categories
of projects identified in Ordinance 2018-21: Transportation Projects, Facilities & Capital Replacements,
and Community Priorities. The Security Control System Replacement for the Collier County Jail
Facilities is a part of the Facilities and Capital Replacement category.
The Security Control System Replacement for the Collier County Jail Facilities fulfills the definition of
infrastructure as outlined in F.S. 212.055, which defines Infrastructure as:
“Any fixed capital expenditure or fixed capital outlay associated with the construction,
reconstruction, or improvement of public facilities that have a life expectancy of 5 or
more years, any related land acquisition, land improvement, design, and engineering
costs, and all other professional and related costs required to bring the public facilities
into service.”
This project encompasses the upgrade to a new security and access control systems in the Collier County
Jail for both Naples & Immokalee Facilities. The Collier County Sheriff’s office has been experiencing
operational difficulties with the existing security systems and associated equipment. The audio, video,
and security systems are integrated and essential to providing an efficient and safe working environment
for both the inmates as well Collier County Sheriff’s Office staff. The existing system is an outdated
analog system that frequently experiences problems that interfere with the efficient and safe operation of
the overall facility. In some cases, staff has been forced to acquire refurbished parts online due to the
limited availability of replacement parts.
The proposed system will provide the facility with safer, more reliable equipment that requires less
frequent repairs. Additionally, the new system will have proper backup capabilities and provide increased
security with enhanced tracking, greater reliability, and increased functionality. The new system will
provide a new closed-circuit television system with over 400 new cameras, new card access system, new
intercom system, new locking system, and new fire, electrical, and plumbing systems.
Furthermore, the benefits of the new upgraded security system will be on a closed network loop that
utilizes fiber optics or wireless systems for communication and has opportunities for supervisory control
and data acquisition (SCADA). The security system will be linked to a security camera on/off and have
the potential perimeter control sensitivity that can be adjusted for intrusion alarms. Some SCADA system
opportunities may include enhanced facial recognition, internal/external tracking with a fence alert system
utilizing a digital camera monitoring system and improved displays of system security equipment and
8.B.3
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layouts for future applications. These opportunities will be capitalized as part of the upgraded security
system along with enhanced safety and compliance procedures.
FISCAL IMPACT: Exhibit A identified up to $39M for HVAC, Roofing, and Capital Equipment
Replacements at Sheriff's & County facilities, the costs for the replacement are listed below.
Construction Cost* Total
Project $1,632,790.00 (actual) $1,632,790.00
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. Ordinance No.
2018-21, the Collier County infrastructure surtax ordinance, created the Infrastructure Surtax Citizen
Oversight Committee, whose duties are as follows:
Duties. The Committee shall have the responsibility to review the expenditure of Surtax
proceeds against the ballot referendum approved by the voters and this Ordinance. The
Board may expend proceeds of the Surtax on projects not specifically stated herein or in
the attached Exhibit A, so long as those projects (1) comply with the intent of the ballot
language, (2) have a positive recommendation by this Committee, and (3) fall within the
projects and categories identified. The Committee shall not recommend alternative
projects, unless requested by the Board.
A copy of the ordinance, which contains the ballot language, is attached to this Executive Summary
for the Committee’s review. The design and construction of the Collier County jail laundry facilities
replacement is specifically included in Exhibit A.
In addition to the Ordinance, it is important that the Committee be comfortable that the proposed
expenditure comports with Florida Statute Sec. 212.055, which authorizes the local government
infrastructure sales surtax. That statute states, in relevant part as follows:
212.055 Discretionary sales surtaxes; legislative intent; authorization and use of proceeds
(2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.
(d) The proceeds of the surtax authorized by this subsection and any accrued interest shall be expended
by the school district, within the county and municipalities within the county, or, in the case of a
negotiated joint county agreement, within another county, to finance, plan, and construct infrastructure; to
acquire any interest in land for public recreation, conservation, or protection of natural resources or to
prevent or satisfy private property rights claims resulting from limitations imposed by the designation of
an area of critical state concern; to provide loans, grants, or rebates to residential or commercial property
owners who make energy efficiency improvements to their residential or commercial property, if a local
government ordinance authorizing such use is approved by referendum; or to finance the closure of
county-owned or municipally owned solid waste landfills that have been closed or are required to be
closed by order of the Department of Environmental Protection. Any use of the proceeds or interest for
purposes of landfill closure before July 1, 1993, is ratified. The proceeds and any interest may not be used
for the operational expenses of infrastructure, except that a county that has a population of fewer than
75,000 and that is required to close a landfill may use the proceeds or interest for long-term maintenance
costs associated with landfill closure. Counties, as defined in s. 125.011, and charter counties may, in
addition, use the proceeds or interest to retire or service indebtedness incurred for bonds issued before
July 1, 1987, for infrastructure purposes, and for bonds subsequently issued to refund such bonds. Any
use of the proceeds or interest for purposes of retiring or servicing indebtedness incurred for re funding
bonds before July 1, 1999, is ratified.
8.B.3
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1. For the purposes of this paragraph, the term “infrastructure” means:
a. Any fixed capital expenditure or fixed capital outlay associated with the construction,
reconstruction, or improvement of public facilities that have a life expectancy of 5 or more years, any
related land acquisition, land improvement, design, and engineering costs, and all other professional and
related costs required to bring the public facilities into service. For purposes of this sub-subparagraph, the
term “public facilities” means facilities as defined in s. 163.3164 (39), s.163.3221 (13), or s. 189.012 (5),
and includes facilities that are necessary to carry out governmental purposes, including, but not limited to,
fire stations, general governmental office buildings, and animal shelters, regardless of whether the
facilities are owned by the local taxing authority or another governmental entity.
A copy of the entire statute is included as back-up to this item.
The County Attorney has reviewed this item and believes that the request meets all the requirements of
both the Statute and the Ordinance. As an aside, only those items which I believe satisfy the requirements
of both the Ordinance and the Statute will be brought to the Committee. My opinion, however, is not
binding on the Committee, as the Board of County Commissioners created this Committee “to provide for
citizen review of the expenditure of the Surtax proceeds by the County… (to) serve as an ad hoc advisory
and reporting body to the County.” -JAK
Prepared by: Ayoub R. Al-Bahou, P.E., Principal Project Manager, Facilities Management
ATTACHMENT(S)
1. Security Control System Replacement for the Collier County Jail Facilities - PowerPoint (PPTX)
2. Security Control System Replacement for the Collier County Jail Facilities - Project Checklist
(PDF)
3. Infrastructure Surtax Statute (PDF)
4. Ordinance 2018-21 (PDF)
8.B.3
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11/06/2019
COLLIER COUNTY
Collier County Infrastructure Surtax Citizen Oversight Committee
Item Number: 8.B.3
Doc ID: 10680
Item Summary: To validate the expenditures for the Security Control System Replacement for the
Collier County Jail Facilities; to ensure that this project meets the requirements of F.S. 212.055, conforms
to the definition of Infrastructure, and is an eligible project in line with County Ordinance 2018-21 and
the ballot language within; to make a finding that the project expenditures are a valid use of Infrastructure
Sales Surtax Funding.
Meeting Date: 11/06/2019
Prepared by:
Title: – Facilities Management
Name: Kathleen Sibert
10/28/2019 11:57 AM
Submitted by:
Title: Director - Facilities Management – Facilities Management
Name: Damon Grant
10/28/2019 11:57 AM
Approved By:
Review:
Facilities Management Damon Grant Director - Facilities Completed 10/28/2019 12:44 PM
Public Utilities Department Dan Rodriguez Additional Reviewer Completed 10/28/2019 2:50 PM
Administrative Services Department Michael Cox Additional Reviewer Completed 10/29/2019 8:17 PM
County Manager's Office Geoffrey Willig Additional Reviewer Completed 10/31/2019 5:07 PM
County Manager's Office Heather Yilmaz Review Item Completed 10/31/2019 5:21 PM
CMO Michael Cox Review Item Skipped 11/01/2019 7:27 AM
Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 11/06/2019 8:30 AM
8.B.3
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Packet Pg. 896 Attachment: [Linked] Agenda and Back-up Documents - November 06, 2019 (11020 : Infrastructure Surtax Citizen Oversight Committee -
Prepared By: Ayoub Al-Bahou,P.E.Principal Project Manager
Validation of Expenditures for
Security Control System Replacement for the Collier County Jail Facilities
Project # 50183
1 Security Control System Replacement for the Collier County Jail FacilitiesPublic Utilities Department
8.B.3.a
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Packet Pg. 897 Attachment: [Linked] Agenda and Back-up Documents - November 06, 2019 (11020 : Infrastructure Surtax
Project Histo ry
ØThe Collier County Sheriff’s Office has been experiencing operational difficulties with
the existing security systems & associated equipment. The audio, video, and security
systems are integrated and essential to providing an efficient and safe working
environment for both the inmates as well as Collier County Sheriff’s Office staff.
Ø The audio, video, and security systems:
Ø Without a properly functioning integrated system,the jail loses its ability to control and
operate efficiently which increases the risk of potential safety issues.
Ø The existing system utilizes old technology (analog)and requires weekly service calls for
repairs/maintenance.
Ø Several components of this integrated system are obsolete and no longer replaceable.
Ø CCSO is reduced to searching for and utilizing used or refurbished parts via eBay or other
aftermarket vendors.
Ø Systems are often shutdown during power fluctuations & outages causing significant safety
concerns.
2Public Utilities Department Security Control System Replacement for the Collier County Jail Facilities
8.B.3.a
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Project Site Location
3Public Utilities Department Security Control System Replacement for the Collier County Jail Facilities
8.B.3.a
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Packet Pg. 899 Attachment: [Linked] Agenda and Back-up Documents - November 06, 2019 (11020 : Infrastructure Surtax
Project Site Location
4Public Utilities Department Security Control System Replacement for the Collier County Jail Facilities
8.B.3.a
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Packet Pg. 900 Attachment: [Linked] Agenda and Back-up Documents - November 06, 2019 (11020 : Infrastructure Surtax
Site Location
5Public Utilities Department Security Control System Replacement for the Collier County Jail Facilities
8.B.3.a
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Packet Pg. 901 Attachment: [Linked] Agenda and Back-up Documents - November 06, 2019 (11020 : Infrastructure Surtax
Existing Equipment
6Public Utilities Department Security Control System Replacement for the Collier County Jail Facilities
Stanley system installed in 2005
Central Command Center photos represent the main hub for audio communication , video monitoring, and access
management within the jail.
8.B.3.a
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Existing Equipment
7
Mux System –Allows monitors to be Split into Multiple displays. This
system is obsolete and, currently, 3 out of 11 systems are inoperable
with no ability to replace.
Public Utilities Department Security Control System Replacement for the Collier County Jail Facilities
Multiple Display screen
8.B.3.a
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Packet Pg. 903 Attachment: [Linked] Agenda and Back-up Documents - November 06, 2019 (11020 : Infrastructure Surtax
Existing Equipment
8
Bosch Security Camera
Public Utilities Department Security Control System Replacement for the Collier County Jail Facilities
Push button talk back system rings into central command, automatically initiating camera pan/zoom for
verification purposes, command staff allows access to authorized personnel. The systems utilized for
this operation are an analog and obsolete. Additionally, the existing Bosch cameras malfunction and are
incapable of zoom function throughout the facility.
8.B.3.a
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Existing Equipment
9
Video System Recording
Public Utilities Department Security Control System Replacement for the Collier County Jail Facilities
Video System “Matrix ”
The Video System “Matrix” used above is obsolete and is meant to allow viewing between cameras and due
to power fluctuations requires battery backup. The Video System Recorder/DVRs provides video storage and
is also obsolete leaving the Corrections staff to purchase used parts thru eBay and other aftermarket
vendors.
8.B.3.a
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Existing Equipment
10
Audio Recording System
Public Utilities Department Security Control System Replacement for the Collier County Jail Facilities
“Talk Back & Security Systems”
Again, the talk back call system is located at each secured door/access point and is used by staff to
communicate with Central command in order to safely navigate throughout the facility. All conversations
must be recorded via the audio recording system (ARS). The components for the ARS are no longer
manufactured or available for purchase.
8.B.3.a
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Project Objectives
11
The Security Control System Replacement for the Collier County Jail Facilities will provide
the following based on the Florida Department of Corrections standards for inmates:
Ø Complete upgrade for all electronic security control systems and cameras for
both the Naples and Immokalee Facilities.
Ø Safer and more efficient monitoring capabilities of fire and smoke detector systems
throughout the buildings.
Ø Enhanced control of sprinkler systems throughout the inmate housing areas.
Ø Increased control of illumination of the interior cells,dayrooms,and security
corridors creating a safer environment.
Ø Enhanced resiliency/hardening against power fluctuations. Minimizing downtime
while providing a safer environment.
Public Utilities Department Security Control System Replacement for the Collier County Jail Facilities
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Project Objectives
Ø The replacement will provide a new state-of-the-art system that will provide many
years of reliable service.
Ø The work will be based on a phased implementation schedule to minimize
operational disruptions while working towards a seamless transition from one system
to the next.
Ø The new system will provide a new closed-circuit television system with over 400
new cameras, new card access system, new intercom system, new locking system,
and new fire, electrical, and plumbing systems
Public Utilities Department Security Control System Replacement for the Collier County Jail Facilities12
8.B.3.a
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Project Summary / Financials
Ø7-Ye ar Sales Tax in Subcategory: HVAC, Roofing, and Capital Equipment Replacements at Sheriff's &
County facilities:
Ø To tal Allocation For Projects: $39M
ØProject Estimate:
Ø To tal Estimated Cost for the Security Control System Replacement for the Collier County Jail Facilities:
$1,632,790.00
13Public Utilities Department Security Control System Replacement for the Collier County Jail Facilities
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Project Summary / Financials
14
Security Control System Replacement for the Collier County Jail Facilities
Construction: $ 1,632,790.00
TOTAL $1,632,790.00
Public Utilities Department Security Control System Replacement for the Collier County Jail Facilities
8.B.3.a
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Project Schedules / Status
15
ACTIVITY START FINISH
2019 2020 2021
Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4
Surtax Committee Nov-19 Nov-19
Procurement & Award Dec-19 Jan-19
Construction Feb-20 Jul-20
Public Utilities Department Security Control System Replacement for the Collier County Jail Facilities
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Fiscal Impact
16
Cu rrent
Funding
Current
Shortfall
7-Year
Sales Tax
Transportation $289.0 M $87.0 M $202.0 M $191.0 M
Vanderbilt Beach Rd Extension - Collier Blvd to 8th/16th $100.0 M $26.0 M $74.0 M $74.0 M
Pine Ridge Rd, Livingston Rd $31.0 M $8.0 M $23.0 M $23.0 M
Bridge Replacements (11)$23.0 M $16.0 M $7.0 M $7.0 M
Randall intersection $14.0 M $7.0 M $7.0 M $7.0 M
Airport Rd - Widening from vanderbilt to Immokalee $17.0 M $13.0 M $4.0 M $4.0 M
Triangle Blvd $6.0 M $6.0 M $6.0 M
New Bridges - Golden Gate Estates Mobility (11) $88.0 M $17.0 M $71.0 M $60.0 M
Sidewalks $10.0 M $10.0 M $10.0 M
Facilities and Capital Replacements $192.0 M $43.0 M $149.0 M $139.0 M
Forensic/Evidence Building $33.0 M $33.0 M $33.0 M
Big Corkscrew Island Regional Park $60.0 M $20.0 M $40.0 M $40.0 M
DAS Shelter improvements/Replacement $6.0 M $6.0 M $6.0 M
HVAC, Roofing, and Capital Equipment Replacements
at Sheriff's & County facilities $62.0 M $23.0 M $39.0 M $39.0 M
Hurricane Resilience $25.0 M $25.0 M $15.0 M
EMS Substations $6.0 M $6.0 M $6.0 M
Community Priorities $100.0 M $100.0 M $90.0 M
Career and Technical Training Center $15.0 M $15.0 M $15.0 M
VA Nursing Home $40.0 M $40.0 M $30.0 M
Workforce Housing Land Trust Fund $20.0 M $20.0 M $20.0 M
Mental Health Facility $25.0 M $25.0 M $25.0 M
Grand Total $581.0 M $130.0 M $451.0 M $420.0 M
Total Estimated
Cost
Public Utilities Department Security Control System Replacement for the Collier County Jail Facilities
8.B.3.a
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Project Funding Estimate
17Public Utilities Department Security Control System Replacement for the Collier County Jail Facilities
$39
$8.855
$1.64
$0
$5
$10
$15
$20
$25
$30
$35
$40
$45
7-Year Sales Tax Validated Total Estimated Cost
“Security Control System Replacement for the Collier
County Jail Facilities”
8.B.3.a
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Re co mmendation
ØTo validate the expenditures for the Design &Construction Services of “Security Control System
Replacement for the Collier County Jail Facilities”to ensure that this project meets the
requirements of F.S.212.055,conforms to the definition of Infrastructure,and is an eligible project in
line with County Ordinance 2018-21 and the ballot language within;to make a finding that the
project expenditures are a valid use of Infrastructure Sales Surtax Funding.
18Public Utilities Department Security Control System Replacement for the Collier County Jail Facilities
8.B.3.a
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Project Project #
Infrastructure Surtax Citizens Oversite Committee Project Checklist
Project(s) in line with F.S. 212.055
Expenditure related to infrastructure as follows:
Construction
Improvement of public facilities
Land acquisition
Land improvement
Design
Engineering costs
Professional & related costs to bring facility into service (CEI, Material Testing, Specialty
Consultants)
EMS vehicles associated with 3 new substations
Court-related expenditures for the construction, lease or maintenance of the Court-related
facilities including utilities and security infrastructure
Life expectancy of at least 5 years
Land Acquisition expenditure for Residential housing project where at least 30% of units are
affordable to individuals whose total annual household income does not exceed 120% of area
median income.
Project(s) in line with County Ordinance 2018-21
Project(s) identified in Exhibit A within County Ordinance 2018-21
Project(s) in line with Ballot Language within County Ordinance 2018-21
The Infrastructure Surtax Citizens Oversight Committee (ISCOC) validated that the
project meets the necessary requirements and is
eligible to use Surtax Funding on , 2019.
Chairman
Exhibit A Reference
Category:
Sub-Category:
Funding Requested:
8.B.3.b
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212.055 Discretionary sales surtaxes; legislative intent; authorization and use of
proceeds.—It is the legislative intent that any authorization for imposition of a discretionary
sales surtax shall be published in the Florida Statutes as a subsection of this section, irrespective
of the duration of the levy. Each enactment shall specify the types of counties authorized to levy;
the rate or rates which may be imposed; the maximum length of time the surtax may be imposed,
if any; the procedure which must be followed to secure voter approval, if required; the purpose
for which the proceeds may be expended; and such other requirements as the Legislature may
provide. Taxable transactions and administrative procedures shall be as provided in s. 212.054.
(2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.—
(a)1. The governing authority in each county may levy a discretionary sales surtax of 0.5
percent or 1 percent. The levy of the surtax shall be pursuant to ordinance enacted by a majority
of the members of the county governing authority and approved by a majority of the electors of
the county voting in a referendum on the surtax. If the governing bodies of the municipalities
representing a majority of the county’s population adopt uniform resolutions establishing the rate
of the surtax and calling for a referendum on the surtax, the levy of the surtax shall be placed on
the ballot and shall take effect if approved by a majority of the electors of the county voting in
the referendum on the surtax.
2. If the surtax was levied pursuant to a referendum held before July 1, 1993, the surtax may
not be levied beyond the time established in the ordinance, or, if the ordinance did not limit the
period of the levy, the surtax may not be levied for more than 15 years. The levy of such surtax
may be extended only by approval of a majority of the electors of the county voting in a
referendum on the surtax.
(b) A statement which includes a brief general description of the projects to be funded by the
surtax and which conforms to the requirements of s. 101.161 shall be placed on the ballot by the
governing authority of any county which enacts an ordinance calling for a referendum on the
levy of the surtax or in which the governing bodies of the municipalities representing a majority
of the county’s population adopt uniform resolutions calling for a referendum on the surtax. The
following question shall be placed on the ballot:
FOR the -cent sales tax
AGAINST the -cent sales tax
(c) Pursuant to s. 212.054(4), the proceeds of the surtax levied under this subsection shall be
distributed to the county and the municipalities within such county in which the surtax was
collected, according to:
1. An interlocal agreement between the county governing authority and the governing bodies
of the municipalities representing a majority of the county’s municipal population, which
agreement may include a school district with the consent of the county governing authority and
the governing bodies of the municipalities representing a majority of the county’s municipal
population; or
2. If there is no interlocal agreement, according to the formula provided in s. 218.62.
Any change in the distribution formula must take effect on the first day of any month that begins
at least 60 days after written notification of that change has been made to the department.
(d) The proceeds of the surtax authorized by this subsection and any accrued interest shall be
expended by the school district, within the county and municipalities within the county, or, in the
8.B.3.c
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case of a negotiated joint county agreement, within another county, to finance, plan, and
construct infrastructure; to acquire any interest in land for public recreation, conservation, or
protection of natural resources or to prevent or satisfy private property rights claims resulting
from limitations imposed by the designation of an area of critical state concern; to provide loans,
grants, or rebates to residential or commercial property owners who make energy efficiency
improvements to their residential or commercial property, if a local government ordinance
authorizing such use is approved by referendum; or to finance the closure of county-owned or
municipally owned solid waste landfills that have been closed or are required to be closed by
order of the Department of Environmental Protection. Any use of the proceeds or interest for
purposes of landfill closure before July 1, 1993, is ratified. The proceeds and any interest may
not be used for the operational expenses of infrastructure, except that a county that has a
population of fewer than 75,000 and that is required to close a landfill may use the proceeds or
interest for long-term maintenance costs associated with landfill closure. Counties, as defined in
s. 125.011, and charter counties may, in addition, use the proceeds or interest to retire or service
indebtedness incurred for bonds issued before July 1, 1987, for infrastructure purposes, and for
bonds subsequently issued to refund such bonds. Any use of the proceeds or interest for purposes
of retiring or servicing indebtedness incurred for refunding bonds before July 1, 1999, is ratified.
1. For the purposes of this paragraph, the term “infrastructure” means:
a. Any fixed capital expenditure or fixed capital outlay associated with the construction,
reconstruction, or improvement of public facilities that have a life expectancy of 5 or more years,
any related land acquisition, land improvement, design, and engineering costs, and all other
professional and related costs required to bring the public facilities into service. For purposes of
this sub-subparagraph, the term “public facilities” means facilities as defined in s. 163.3164(39),
s.163.3221(13), or s. 189.012(5), and includes facilities that are necessary to carry out
governmental purposes, including, but not limited to, fire stations, general governmental office
buildings, and animal shelters, regardless of whether the facilities are owned by the local taxing
authority or another governmental entity.
b. A fire department vehicle, an emergency medical service vehicle, a sheriff’s office
vehicle, a police department vehicle, or any other vehicle, and the equipment necessary to outfit
the vehicle for its official use or equipment that has a life expectancy of at least 5 years.
c. Any expenditure for the construction, lease, or maintenance of, or provision of utilities or
security for, facilities, as defined in s. 29.008.
d. Any fixed capital expenditure or fixed capital outlay associated with the improvement of
private facilities that have a life expectancy of 5 or more years and that the owner agrees to make
available for use on a temporary basis as needed by a local government as a public emergency
shelter or a staging area for emergency response equipment during an emergency officially
declared by the state or by the local government under s. 252.38. Such improvements are limited
to those necessary to comply with current standards for public emergency evacuation shelters.
The owner must enter into a written contract with the local government providing the
improvement funding to make the private facility available to the public for purposes of
emergency shelter at no cost to the local government for a minimum of 10 years after completion
of the improvement, with the provision that the obligation will transfer to any subsequent owner
until the end of the minimum period.
e. Any land acquisition expenditure for a residential housing project in which at least 30
percent of the units are affordable to individuals or families whose total annual household
income does not exceed 120 percent of the area median income adjusted for household size, if
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the land is owned by a local government or by a special district that enters into a written
agreement with the local government to provide such housing. The local government or special
district may enter into a ground lease with a public or private person or entity for nominal or
other consideration for the construction of the residential housing project on land acquired
pursuant to this sub-subparagraph.
f. Instructional technology used solely in a school district’s classrooms. As used in this sub-
subparagraph, the term “instructional technology” means an interactive device that assists a
teacher in instructing a class or a group of students and includes the necessary hardware and
software to operate the interactive device. The term also includes support systems in which an
interactive device may mount and is not required to be affixed to the facilities.
2. For the purposes of this paragraph, the term “energy efficiency improvement” means any
energy conservation and efficiency improvement that reduces consumption through conservation
or a more efficient use of electricity, natural gas, propane, or other forms of energy on the
property, including, but not limited to, air sealing; installation of insulation; installation of
energy-efficient heating, cooling, or ventilation systems; installation of solar panels; building
modifications to increase the use of daylight or shade; replacement of windows; installation of
energy controls or energy recovery systems; installation of electric vehicle charging equipment;
installation of systems for natural gas fuel as defined in s. 206.9951; and installation of efficient
lighting equipment.
3. Notwithstanding any other provision of this subsection, a local government infrastructure
surtax imposed or extended after July 1, 1998, may allocate up to 15 percent of the surtax
proceeds for deposit into a trust fund within the county’s accounts created for the purpose of
funding economic development projects having a general public purpose of improving local
economies, including the funding of operational costs and incentives related to economic
development. The ballot statement must indicate the intention to make an allocation under the
authority of this subparagraph.
(e) School districts, counties, and municipalities receiving proceeds under the provisions of
this subsection may pledge such proceeds for the purpose of servicing new bond indebtedness
incurred pursuant to law. Local governments may use the services of the Division of Bond
Finance of the State Board of Administration pursuant to the State Bond Act to issue any bonds
through the provisions of this subsection. Counties and municipalities may join together for the
issuance of bonds authorized by this subsection.
(f)1. Notwithstanding paragraph (d), a county that has a population of 50,000 or less on
April 1, 1992, or any county designated as an area of critical state concern on the effective date
of this act, and that imposed the surtax before July 1, 1992, may use the proceeds and interest of
the surtax for any public purpose if:
a. The debt service obligations for any year are met;
b. The county’s comprehensive plan has been determined to be in compliance with part II of
chapter 163; and
c. The county has adopted an amendment to the surtax ordinance pursuant to the procedure
provided in s. 125.66 authorizing additional uses of the surtax proceeds and interest.
2. A municipality located within a county that has a population of 50,000 or less on April 1,
1992, or within a county designated as an area of critical state concern on the effective date of
this act, and that imposed the surtax before July 1, 1992, may not use the proceeds and interest of
the surtax for any purpose other than an infrastructure purpose authorized in paragraph (d) unless
the municipality’s comprehensive plan has been determined to be in compliance with part II of
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chapter 163 and the municipality has adopted an amendment to its surtax ordinance or resolution
pursuant to the procedure provided in s. 166.041 authorizing additional uses of the surtax
proceeds and interest. Such municipality may expend the surtax proceeds and interest for any
public purpose authorized in the amendment.
3. Those counties designated as an area of critical state concern which qualify to use the
surtax for any public purpose may use only up to 10 percent of the surtax proceeds for any public
purpose other than for infrastructure purposes authorized by this section. A county that was
designated as an area of critical state concern for at least 20 consecutive years prior to removal of
the designation, and that qualified to use the surtax for any public purpose at the time of the
removal of the designation, may continue to use up to 10 percent of the surtax proceeds for any
public purpose other than for infrastructure purposes for 20 years following removal of the
designation, notwithstanding subparagraph (a)2. After expiration of the 20-year period, a county
may continue to use up to 10 percent of the surtax proceeds for any public purpose other than for
infrastructure if the county adopts an ordinance providing for such continued use of the surtax
proceeds.
(g) Notwithstanding paragraph (d), a county having a population greater than 75,000 in
which the taxable value of real property is less than 60 percent of the just value of real property
for ad valorem tax purposes for the tax year in which an infrastructure surtax referendum is
placed before the voters, and the municipalities within such a county, may use the proceeds and
interest of the surtax for operation and maintenance of parks and recreation programs and
facilities established with the proceeds of the surtax throughout the duration of the surtax levy or
while interest earnings accruing from the proceeds of the surtax are available for such use,
whichever period is longer.
(h) Notwithstanding any other provision of this section, a county shall not levy local option
sales surtaxes authorized in this subsection and subsections (3), (4), and (5) in excess of a
combined rate of 1 percent.
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ORDINANCE NO. 2018- 21
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, IMPOSING A COUNTYWIDE LOCAL
GOVERNMENT INFRASTRUCTURE SURTAX OF ONE PERCENT (1%)
ON ALL AUTHORIZED TAXABLE TRANSACTIONS OCCURRING
WITHIN COLLIER COUNTY, AS AUTHORIZED BY SECTION
212.055(2), FLORIDA STATUTES, EFFECTIVE BEGINNING JANUARY
1, 2019, FOR A PERIOD OF UP TO SEVEN (7) YEARS OR UNTIL THE
AGGREGATE FUNDS OF$490,000,000 ARE COLLECTED,WHICHEVER
IS SOONER; PROVIDING THAT THE IMPOSITION OF THE SURTAX
SHALL BE CONTINGENT ON APPROVAL AT A COUNTYWIDE
REFERENDUM; PROVIDING FOR A WEBPAGE WHICH DETAILS THE
PROPOSED PROJECTS FOR THE PUBLIC; PROVIDING FOR
DISTRIBUTION OF SURTAX REVENUES AMONG THE COUNTY AND
THE MUNICIPALITIES WITHIN THE COUNTY; PROVIDING FOR
CITIZEN OVERSIGHT; PROVIDING BALLOT LANGUAGE AND
DIRECTING THE SUPERVISOR OF ELECTIONS TO HOLD A
COUNTYWIDE PRECINCT REFERENDUM ELECTION ON
NOVEMBER 6,2018.
WHEREAS, Section 212.055(2),Florida Statutes, authorizes the Collier County Board of
County Commissioners ("Board") to impose a 1.0 percent (1%) local government infrastructure
surtax("Surtax")upon transactions occurring within Collier County("County")which are taxable
under Chapter 212, Florida Statutes; and
WHEREAS,a 1.0 percent(1%) Surtax would,under current State sales tax rates,result in
a one cent (1¢) Surtax on each one dollar ($1.00) sale as specifically provided by law and will be
applied to each fractional part of one dollar accordingly; and
WHEREAS,the Surtax differs from the transactions subject to the State sales tax in that
the local option sales tax base applies only to the first $5,000 of the purchase price of an item of
taxable personal property while the State sales tax applies to the entire purchase price regardless
of amount,pursuant to Section 212.054(2)(b)(1), Florida Statutes; and
WHEREAS,the Surtax does not apply to certain groceries,medical products and supplies,
fuel,and other specifically identified goods and services listed in Section 212.08,Florida Statutes;
and
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WHEREAS, the funds derived from the imposition of the Surtax shall be distributed to
the County and the municipalities of the County("Municipalities"),as set forth in Section 218.62,
Florida Statutes, if no interlocal agreement is entered into; and
WHEREAS, funds received from the Surtax authorized by Section 212.055(2), Florida
Statutes,may be utilized by the County and Municipalities to finance,plan, construct,reconstruct,
renovate and improve needed infrastructure,as defined in Section 212.055(2)(d), Florida Statutes;
and
WHEREAS,the County and the Municipalities are presently without sufficient fiscal and
monetary resources to adequately fund their infrastructure needs; and
WHEREAS,adequate public infrastructure facilities of the types herein described promote
the safe, efficient and uninterrupted provision of numerous essential public services provided by
the County and the Municipalities, including but not limited to roads,bridges, signals, sidewalks,
parks, evacuation shelters, governmental facilities, including emergency services facilities;
acquiring land and construction for workforce housing and career and technical training,veterans'
nursing home and expand mental health facilities; and
WHEREAS, a brief description of the projects to be funded is set forth in the ballot
language contained in this Ordinance and a more specific list of projects to be funded is attached
hereto as Exhibit A; and
WHEREAS, the County and the Municipalities shall establish a citizen oversight
committee to provide for citizen review of the expenditure of Surtax proceeds.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida,that:
SECTION ONE. Incorporation of Recitals.
The above recitals are true and correct and are hereby incorporated by reference.
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SECTION TWO. Imposition of Local Government Infrastructure Surtax.
There is hereby imposed a one percent (1%) local government infrastructure surtax
Surtax") upon all authorized taxable transactions occurring within the County.
SECTION THREE. Administration, Collection and Distribution of Proceeds.
The Surtax shall be administered,collected,and enforced in accordance with the provisions
of Section 212.054, Florida Statutes, and the rules promulgated by the Florida Department of
Revenue. The proceeds of the Surtax shall be distributed by the Department of Revenue directly
to the County and Municipalities, in accordance with Section 218.62, Florida Statutes.
SECTION FOUR. Referendum Election.
a) The Surtax imposed in Section Two hereof shall not take effect unless and until
approved by a majority of the electors of the County voting in a countywide precinct referendum
election on the Surtax.
b) The Collier County Supervisor of Elections is hereby directed to hold such
countywide precinct referendum election on November 6,2018.
c) The Collier County Supervisor of Elections shall cause the following proposition
to be placed on the ballot:
COLLIER COUNTY AND MUNICIPAL INFRASTRUCTURE
ONE-CENT SALES SURTAX
To enhance safety, mobility, and hurricane preparedness in Collier
County and its cities by constructing, repairing, and maintaining
roads, bridges, signals, sidewalks, parks, evacuation shelters,
governmental and emergency services facilities; acquire land and
support construction for workforce housing and career and technical
training,veterans'nursing home and expand mental health facilities;
shall the County levy a one-cent sales surtax beginning January 1,
2019 and automatically ending December 31, 2025, with oversight
by citizen committee?
FOR THE ONE-CENT SALES TAX
AGAINST THE ONE-CENT SALES TAX
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SECTION FIVE. Advertisement and Webpage.
The Collier County Clerk of Court shall insure that notice of this referendum be advertised
in accordance with the provisions of Section 100.342, Florida Statutes. Proof of publication shall
be provided to the Chair of the Board. Upon adoption of this Ordinance, the County shall create
a webpage available to the public on the County's main website which details the proposed projects
to be funded by the Surtax,as well as the particulars regarding the imposition and collection of the
Surtax.
SECTION SIX.Expiration Date; Survival of Certain Restricted Uses.
a) Sunset. In all events,this Ordinance shall be in effect only through December 31,
2025. It shall sunset and expire thereafter,without further action by the Board and the electors, at
which time it shall be deemed repealed and of no further force and effect, and the Surtax levied
hereunder shall terminate. Alternatively,this Ordinance shall sunset on December 31 st of any year
during the term of this Ordinance in the event that the total aggregate distributions of Surtax
proceeds equal or exceed the amount of$490,000,000 at any time during that calendar year, in
which event the Board shall take necessary action to repeal this Ordinance and notify the Florida
Department of Revenue prior to the applicable deadline so that the Surtax will not continue for the
following year.
b) Survival of restrictions on use of Surtax proceeds. Notwithstanding the provisions
of subsection (a) for the expiration and repeal of this Ordinance, so long as any Surtax proceeds
shall remain unspent, the restrictions hereby imposed concerning the distribution and use of such
Surtax proceeds as well as the proceeds of any borrowings payable from Surtax proceeds, and all
interest and other investment earnings on either of them shall survive such expiration and repeal
and shall be fully enforceable in a court of competent jurisdiction.
SECTION SEVEN. Infrastructure Surtax Citizen Oversight Committee.
a) Creation. Upon the approval of the Surtax by the electors of Collier County, the
Board shall hereby assemble an Infrastructure Surtax Citizen Oversight Committee("Committee")
to provide for citizen review of the expenditure of the Surtax proceeds by the County, as soon as
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possible after the Surtax becomes effective,but not later than the date on which the funds are first
expended. The Committee shall serve as an ad hoc advisory and reporting body to the County.
b) Composition. The Committee shall be comprised of seven (7) members. There
shall be one(1)member appointed from each County District,and two(2)at-large members. Upon
confirmation that said individuals meet the requirements herein, the Board shall appoint said
individuals to this Committee. Appointment of positions, unless otherwise stated herein, shall be
governed by Collier County Ordinance No. 2001-55, as may be amended, or by its successor
ordinance.
c) Membership Qualifications. All members shall have the following qualifications:
1) Member shall be a resident of Collier County;
2) Member shall not be an elected official;
3) Member shall not be a current employee of any governmental body within
Collier County;
4) Special consideration shall be given to nominees that have financial or
business management backgrounds and experience; and
5) Member shall meet the qualifications set forth in Collier County Ordinance
No. 2001-55, as may be amended or its successor ordinance.
d) Term. The initial terms for the at-large seats shall be one year;the remainder of the
at-large terms shall be for two years or until the Committee sunsets. The initial terms and all terms
thereafter for each District seat shall be for two years or until the Committee sunsets. All members
shall be eligible for reappointment upon the expiration of their term. Upon resignation or removal
of a member from a seat, that seat will be filled for the remainder of its term.
e) Removal. Removal of members from the Committee shall be in accordance with
the provisions of Collier County Ordinance No. 2001-55, as it may be amended, or its successor
ordinance.
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f) Sunset. The Committee shall sunset and terminate without further action by the
Board within 2 months of the final expenditure of all of the Surtax proceeds collected by the
County. At its final meeting after the Surtax proceeds have been expended, the Committee shall
prepare a final report to the Board with its findings and recommendations.
g) Duties. The Committee shall have the responsibility to review the expenditure of
Surtax proceeds against the ballot referendum approved by the voters and this Ordinance. The
Board may expend proceeds of the Surtax on projects not specifically stated herein or in the
attached Exhibit A, so long as those projects (1) comply with the intent of the ballot language, (2)
have a positive recommendation by this Committee,and(3)fall within the projects and categories
identified. The Committee shall not recommend alternative projects, unless requested by the
Board.
h) Officer; Meetings; Quorum; Rules of Procedure.
1) Annually the members of the Committee shall elect a chairperson and vice
chairperson from among the members. The chairperson's and vice chairperson's terms in such
positions shall be for one(1)year with eligibility for re-election by the members of the Committee.
2) The Committee shall meet monthly, or as otherwise needed to fulfill their
duties and responsibilities.
3) The presence of at least five (5) members shall constitute a quorum of the
Committee necessary to take action and transact business. In addition, an affirmative vote of a
super majority (majority present plus one) shall be necessary in order to take official action.
Furthermore,by simple majority vote,but never with less than 5 members present,the Committee
shall adopt rules of procedure for its meetings, and thereafter shall be governed by its procedures,
as amended from time to time.
4) The Committee shall keep a written record of meetings, resolutions,
findings and determinations. Copies of all Committee minutes, resolutions, reports and exhibits
shall be submitted to the Board. The Committee shall submit an annual report of its findings and
recommendations to the Board.
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i) Reimbursement of Expenses. Committee members shall receive no compensation
for the performance of their duties, but shall be entitled to receive reimbursement for expenses
reasonably incurred in the performance of their duties upon prior approval by the Board.
j) Duties of the County Manager's Office. The County Manager's Office will provide
such documentation, information, descriptions of procedures, secretarial support and general
assistance to the Committee as may be necessary for the Committee to carry out its functions as
set forth herein.
k) The Committee, its members, and all its proceedings shall be governed by and
comply with the provisions of the Florida Sunshine Law,Chapter 286,Florida Statutes,the Florida
Public Records Law, Chapter 119, Florida Statutes, and the Florida Ethics Code, Chapter 112,
Florida Statutes, and all other applicable local or state statutes, ordinances, or rules.
SECTION EIGHT. Conflict and Severability.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any
phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION NINE. Inclusion in The Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
lettered to accomplish such, and the word "ordinance"may be changed to "section," "article," or
any other appropriate word.
SECTION TEN. Effective Date.
This Ordinance shall be effective upon filing with the Florida Department of State.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County,Florida,this Ze4\ day of r\\ 2018.
ATTEST:BOARD OF COUNTY COMMISSIONERS
DWIGHT E.,BROCK, Clerk COLLIER P I TY, FLO' !! •
By---. 1 A A B
Attest as to Chairman's'
Deputy Cle IOWAndy Solis, Chairman
signature only.
Appro 1;,d -- ! rm and legality:
41111 ,
Jeffrey • r ow, County Attorney
This ordinance filed with the
Secretary of St tkensOffice
v4lo ''day of _
and acknowledgement otf that
filing eceived this dayy
of _ L.
49
By __ _
tout tk
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ofTY, Sr
FIk y 1 ei
I
614,Ka.Ce.''
FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
April 26, 2018
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Martha Vergara
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2018-21, which was filed in this office on April 26, 2018.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us
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11/06/2019
COLLIER COUNTY
Collier County Infrastructure Surtax Citizen Oversight Committee
Item Number: 9.A
Item Summary: Monthly Report to Committee - November 2019
Meeting Date: 11/06/2019
Prepared by:
Title: – County Manager's Office
Name: Heather Yilmaz
09/23/2019 12:00 PM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
09/23/2019 12:00 PM
Approved By:
Review:
County Manager's Office Geoffrey Willig Additional Reviewer Completed 10/30/2019 12:31 PM
Administrative Services Department Michael Cox Additional Reviewer Completed 10/30/2019 3:58 PM
County Manager's Office Heather Yilmaz Review Item Completed 10/31/2019 5:16 PM
Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 11/06/2019 8:30 AM
9.A
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Project
Number Description
Exhibit A - Sales
Tax Allocation
Projects
Validated by
Committee
Balance to be
validated by
Committee
Encumbered/
Expended to
Date
Transportation:
60168 Vanderbilt Bch Rd Ext. - 951 to 8th/16th 74,000,000$ 74,000,000$ -$ -$
60201 Pine Ridge Rd, Livingston 23,000,000$ 23,000,000$ -$ -$
66066 Bridge Replacement (11)7,000,000$ 7,000,000$ -$ -$
60147 Randall Intersection (was Proj 60065)7,000,000$ -$ 7,000,000$ -$
60190 Airport Rd. - Vanderbilt to Immok 4,000,000$ -$ 4,000,000$ -$
60215 Triangle Blvd 6,000,000$ 6,000,000$ -$ -$
60212 New Bridges (11) Golden Gate Estates 60,000,000$ -$ 60,000,000$ -$
60228 Sidewalks 10,000,000$ -$ 10,000,000$ -$
Subtotal - Transportation 191,000,000$ 110,000,000$ 81,000,000$ -$
Facilities & Capital Replacements
70167 Forensic/Evidence Bldg.33,000,000$ 33,000,000$ -$ 2,574,305$
80039 Big Corkscrew Island Regional Park 40,000,000$ 40,000,000$ -$ -$
50145 DAS Shelter Improvements/Replacement 6,000,000$ 6,000,000$ -$ 268,479$
39,000,000$ 30,144,362$
50163 Naples Lib HVAC 1,756,220$ -$
50164 Health Bldg. HVAC 1,644,417$ -$
50165 Health Bldg. Roof 657,000$ -$
50166 Jail & Chiller Plant HVAC 1,525,501$ 1,425,388$
53007 Jail Kitchen Renovation 1,869,000$ -$
50176 Immokalee Health Bldg HVAC 1,403,500$ -$
Hurricane Resilience 15,000,000$ 10,000,000$
50390 ESC Enclose Bay 1,500,000$ -$
50391 PUD Generators 3,500,000$ 941,318$
EMS Substations (3)6,000,000$ 3,777,800$
55211 Heritage Bay EMS station 2,222,200$ -$
Subtotal - Fac & Cap Replacements 139,000,000$ 95,077,838$ 43,922,162$ 5,209,490$
Community Priorities
Career and Tech Training Ctr 15,000,000$ -$ 15,000,000$ -$
50112 VA Nursing Home 30,000,000$ -$ 30,000,000$ -$
Workforce Housing Land Trust Fund 20,000,000$ -$ 20,000,000$ -$
Mental Health Facility 25,000,000$ -$ 25,000,000$ -$
Subtotal - Comm Priorities 90,000,000$ -$ 90,000,000$ -$
Grand Total - Expenditures 420,000,000$ 205,077,838$ 214,922,162$ 5,209,490$
Ord 2018-21
Deposited to
Date*
# of months
revenue
deposited Balance
Revenues
312610 Infrastructure Sales Tax Revenue 420,000,000$ 48,563,989.85$ 7 371,436,010$
Interest Earnings 167,929.01$ 7
*Vender collects sales tax in month 1, remits to State in month 2, and the State remits to County in month 3 (near the end of the month).
Interest is posted about 15 days after month end.
One Penny Infrastructure Sales Tax - Status of Projects in Exhibit A
As of October 23, 2019
HVAC, Roofing, & Cap Equip Replace at Sheriff's &
9.A.1
Packet Pg. 109 Attachment: November 2019 Monthly Report to Sales Tax Committee (10251 : Monthly Report to Committee - November 2019)26.B.2
Packet Pg. 931 Attachment: [Linked] Agenda and Back-up Documents - November 06, 2019 (11020 : Infrastructure Surtax Citizen Oversight Committee -
In the above chart, the Local Government Half Cent Sales Tax for 2019 is provided to demonstrate the seasonality of
this revenue source. The Local Governmental Half Cent Sales Tax is a General Fund funding source.
$-
$1.0
$2.0
$3.0
$4.0
$5.0
$6.0
$7.0
$8.0
$9.0
Jan Feb March April May June July Aug Sept Oct Nov DecMillionsInfrastructure Sales Tax -State's Distribution to County
Local Option Infrastructure Sales Tax
2019 Half Cent Sales Tax (General Fund)
9.A.1
Packet Pg. 110 Attachment: November 2019 Monthly Report to Sales Tax Committee (10251 : Monthly Report to Committee - November 2019)26.B.2
Packet Pg. 932 Attachment: [Linked] Agenda and Back-up Documents - November 06, 2019 (11020 : Infrastructure Surtax Citizen Oversight Committee -
9.A.2Packet Pg. 111Attachment: District 1 Applications 2019 (10251 : Monthly Report to Committee - November 2019)26.B.2Packet Pg. 933Attachment: [Linked] Agenda and Back-up Documents - November 06, 2019 (11020 : Infrastructure Surtax Citizen Oversight Committee -
9.A.2Packet Pg. 112Attachment: District 1 Applications 2019 (10251 : Monthly Report to Committee - November 2019)26.B.2Packet Pg. 934Attachment: [Linked] Agenda and Back-up Documents - November 06, 2019 (11020 : Infrastructure Surtax Citizen Oversight Committee -
9.A.2Packet Pg. 113Attachment: District 1 Applications 2019 (10251 : Monthly Report to Committee - November 2019)26.B.2Packet Pg. 935Attachment: [Linked] Agenda and Back-up Documents - November 06, 2019 (11020 : Infrastructure Surtax Citizen Oversight Committee -
9.A.2Packet Pg. 114Attachment: District 1 Applications 2019 (10251 : Monthly Report to Committee - November 2019)26.B.2Packet Pg. 936Attachment: [Linked] Agenda and Back-up Documents - November 06, 2019 (11020 : Infrastructure Surtax Citizen Oversight Committee -
9.A.2Packet Pg. 115Attachment: District 1 Applications 2019 (10251 : Monthly Report to Committee - November 2019)26.B.2Packet Pg. 937Attachment: [Linked] Agenda and Back-up Documents - November 06, 2019 (11020 : Infrastructure Surtax Citizen Oversight Committee -
9.A.2Packet Pg. 116Attachment: District 1 Applications 2019 (10251 : Monthly Report to Committee - November 2019)26.B.2Packet Pg. 938Attachment: [Linked] Agenda and Back-up Documents - November 06, 2019 (11020 : Infrastructure Surtax Citizen Oversight Committee -
9.A.2Packet Pg. 117Attachment: District 1 Applications 2019 (10251 : Monthly Report to Committee - November 2019)26.B.2Packet Pg. 939Attachment: [Linked] Agenda and Back-up Documents - November 06, 2019 (11020 : Infrastructure Surtax Citizen Oversight Committee -
9.A.2Packet Pg. 118Attachment: District 1 Applications 2019 (10251 : Monthly Report to Committee - November 2019)26.B.2Packet Pg. 940Attachment: [Linked] Agenda and Back-up Documents - November 06, 2019 (11020 : Infrastructure Surtax Citizen Oversight Committee -
9.A.2Packet Pg. 119Attachment: District 1 Applications 2019 (10251 : Monthly Report to Committee - November 2019)26.B.2Packet Pg. 941Attachment: [Linked] Agenda and Back-up Documents - November 06, 2019 (11020 : Infrastructure Surtax Citizen Oversight Committee -
9.A.2Packet Pg. 120Attachment: District 1 Applications 2019 (10251 : Monthly Report to Committee - November 2019)26.B.2Packet Pg. 942Attachment: [Linked] Agenda and Back-up Documents - November 06, 2019 (11020 : Infrastructure Surtax Citizen Oversight Committee -
9.A.2Packet Pg. 121Attachment: District 1 Applications 2019 (10251 : Monthly Report to Committee - November 2019)26.B.2Packet Pg. 943Attachment: [Linked] Agenda and Back-up Documents - November 06, 2019 (11020 : Infrastructure Surtax Citizen Oversight Committee -
9.A.2Packet Pg. 122Attachment: District 1 Applications 2019 (10251 : Monthly Report to Committee - November 2019)26.B.2Packet Pg. 944Attachment: [Linked] Agenda and Back-up Documents - November 06, 2019 (11020 : Infrastructure Surtax Citizen Oversight Committee -
11/06/2019
COLLIER COUNTY
Collier County Infrastructure Surtax Citizen Oversight Committee
Item Number: 9.B
Item Summary: Committee Support Documents
Meeting Date: 11/06/2019
Prepared by:
Title: – County Manager's Office
Name: Heather Yilmaz
09/23/2019 11:40 AM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
09/23/2019 11:40 AM
Approved By:
Review:
County Manager's Office Geoffrey Willig Additional Reviewer Completed 09/25/2019 3:09 PM
Administrative Services Department Michael Cox Additional Reviewer Completed 09/26/2019 1:13 PM
County Manager's Office Heather Yilmaz Review Item Completed 10/31/2019 5:46 PM
Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 11/06/2019 8:30 AM
9.B
Packet Pg. 123
26.B.2
Packet Pg. 945 Attachment: [Linked] Agenda and Back-up Documents - November 06, 2019 (11020 : Infrastructure Surtax Citizen Oversight Committee -
212.055 Discretionary sales surtaxes; legislative intent; authorization and use of
proceeds.—It is the legislative intent that any authorization for imposition of a discretionary
sales surtax shall be published in the Florida Statutes as a subsection of this section, irrespective
of the duration of the levy. Each enactment shall specify the types of counties authorized to levy;
the rate or rates which may be imposed; the maximum length of time the surtax may be imposed,
if any; the procedure which must be followed to secure voter approval, if required; the purpose
for which the proceeds may be expended; and such other requirements as the Legislature may
provide. Taxable transactions and administrative procedures shall be as provided in s. 212.054.
(2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.—
(a)1. The governing authority in each county may levy a discretionary sales surtax of 0.5
percent or 1 percent. The levy of the surtax shall be pursuant to ordinance enacted by a majority
of the members of the county governing authority and approved by a majority of the electors of
the county voting in a referendum on the surtax. If the governing bodies of the municipalities
representing a majority of the county’s population adopt uniform resolutions establishing the rate
of the surtax and calling for a referendum on the surtax, the levy of the surtax shall be placed on
the ballot and shall take effect if approved by a majority of the electors of the county voting in
the referendum on the surtax.
2. If the surtax was levied pursuant to a referendum held before July 1, 1993, the surtax may
not be levied beyond the time established in the ordinance, or, if the ordinance did not limit the
period of the levy, the surtax may not be levied for more than 15 years. The levy of such surtax
may be extended only by approval of a majority of the electors of the county voting in a
referendum on the surtax.
(b) A statement which includes a brief general description of the projects to be funded by the
surtax and which conforms to the requirements of s. 101.161 shall be placed on the ballot by the
governing authority of any county which enacts an ordinance calling for a referendum on the
levy of the surtax or in which the governing bodies of the municipalities representing a majority
of the county’s population adopt uniform resolutions calling for a referendum on the surtax. The
following question shall be placed on the ballot:
FOR the -cent sales tax
AGAINST the -cent sales tax
(c) Pursuant to s. 212.054(4), the proceeds of the surtax levied under this subsection shall be
distributed to the county and the municipalities within such county in which the surtax was
collected, according to:
1. An interlocal agreement between the county governing authority and the governing bodies
of the municipalities representing a majority of the county’s municipal population, which
agreement may include a school district with the consent of the county governing authority and
the governing bodies of the municipalities representing a majority of the county’s municipal
population; or
2. If there is no interlocal agreement, according to the formula provided in s. 218.62.
Any change in the distribution formula must take effect on the first day of any month that begins
at least 60 days after written notification of that change has been made to the department.
(d) The proceeds of the surtax authorized by this subsection and any accrued interest shall be
expended by the school district, within the county and municipalities within the county, or, in the
9.B.1
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case of a negotiated joint county agreement, within another county, to finance, plan, and
construct infrastructure; to acquire any interest in land for public recreation, conservation, or
protection of natural resources or to prevent or satisfy private property rights claims resulting
from limitations imposed by the designation of an area of critical state concern; to provide loans,
grants, or rebates to residential or commercial property owners who make energy efficiency
improvements to their residential or commercial property, if a local government ordinance
authorizing such use is approved by referendum; or to finance the closure of county-owned or
municipally owned solid waste landfills that have been closed or are required to be closed by
order of the Department of Environmental Protection. Any use of the proceeds or interest for
purposes of landfill closure before July 1, 1993, is ratified. The proceeds and any interest may
not be used for the operational expenses of infrastructure, except that a county that has a
population of fewer than 75,000 and that is required to close a landfill may use the proceeds or
interest for long-term maintenance costs associated with landfill closure. Counties, as defined in
s. 125.011, and charter counties may, in addition, use the proceeds or interest to retire or service
indebtedness incurred for bonds issued before July 1, 1987, for infrastructure purposes, and for
bonds subsequently issued to refund such bonds. Any use of the proceeds or interest for purposes
of retiring or servicing indebtedness incurred for refunding bonds before July 1, 1999, is ratified.
1. For the purposes of this paragraph, the term “infrastructure” means:
a. Any fixed capital expenditure or fixed capital outlay associated with the construction,
reconstruction, or improvement of public facilities that have a life expectancy of 5 or more years,
any related land acquisition, land improvement, design, and engineering costs, and all other
professional and related costs required to bring the public facilities into service. For purposes of
this sub-subparagraph, the term “public facilities” means facilities as defined in s. 163.3164(39),
s.163.3221(13), or s. 189.012(5), and includes facilities that are necessary to carry out
governmental purposes, including, but not limited to, fire stations, general governmental office
buildings, and animal shelters, regardless of whether the facilities are owned by the local taxing
authority or another governmental entity.
b. A fire department vehicle, an emergency medical service vehicle, a sheriff’s office
vehicle, a police department vehicle, or any other vehicle, and the equipment necessary to outfit
the vehicle for its official use or equipment that has a life expectancy of at least 5 years.
c. Any expenditure for the construction, lease, or maintenance of, or provision of utilities or
security for, facilities, as defined in s. 29.008.
d. Any fixed capital expenditure or fixed capital outlay associated with the improvement of
private facilities that have a life expectancy of 5 or more years and that the owner agrees to make
available for use on a temporary basis as needed by a local government as a public emergency
shelter or a staging area for emergency response equipment during an emergency officially
declared by the state or by the local government under s. 252.38. Such improvements are limited
to those necessary to comply with current standards for public emergency evacuation shelters.
The owner must enter into a written contract with the local government providing the
improvement funding to make the private facility available to the public for purposes of
emergency shelter at no cost to the local government for a minimum of 10 years after completion
of the improvement, with the provision that the obligation will transfer to any subsequent owner
until the end of the minimum period.
e. Any land acquisition expenditure for a residential housing project in which at least 30
percent of the units are affordable to individuals or families whose total annual household
income does not exceed 120 percent of the area median income adjusted for household size, if
9.B.1
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the land is owned by a local government or by a special district that enters into a written
agreement with the local government to provide such housing. The local government or special
district may enter into a ground lease with a public or private person or entity for nominal or
other consideration for the construction of the residential housing project on land acquired
pursuant to this sub-subparagraph.
f. Instructional technology used solely in a school district’s classrooms. As used in this sub-
subparagraph, the term “instructional technology” means an interactive device that assists a
teacher in instructing a class or a group of students and includes the necessary hardware and
software to operate the interactive device. The term also includes support systems in which an
interactive device may mount and is not required to be affixed to the facilities.
2. For the purposes of this paragraph, the term “energy efficiency improvement” means any
energy conservation and efficiency improvement that reduces consumption through conservation
or a more efficient use of electricity, natural gas, propane, or other forms of energy on the
property, including, but not limited to, air sealing; installation of insulation; installation of
energy-efficient heating, cooling, or ventilation systems; installation of solar panels; building
modifications to increase the use of daylight or shade; replacement of windows; installation of
energy controls or energy recovery systems; installation of electric vehicle charging equipment;
installation of systems for natural gas fuel as defined in s. 206.9951; and installation of efficient
lighting equipment.
3. Notwithstanding any other provision of this subsection, a local government infrastructure
surtax imposed or extended after July 1, 1998, may allocate up to 15 percent of the surtax
proceeds for deposit into a trust fund within the county’s accounts created for the purpose of
funding economic development projects having a general public purpose of improving local
economies, including the funding of operational costs and incentives related to economic
development. The ballot statement must indicate the intention to make an allocation under the
authority of this subparagraph.
(e) School districts, counties, and municipalities receiving proceeds under the provisions of
this subsection may pledge such proceeds for the purpose of servicing new bond indebtedness
incurred pursuant to law. Local governments may use the services of the Division of Bond
Finance of the State Board of Administration pursuant to the State Bond Act to issue any bonds
through the provisions of this subsection. Counties and municipalities may join together for the
issuance of bonds authorized by this subsection.
(f)1. Notwithstanding paragraph (d), a county that has a population of 50,000 or less on
April 1, 1992, or any county designated as an area of critical state concern on the effective date
of this act, and that imposed the surtax before July 1, 1992, may use the proceeds and interest of
the surtax for any public purpose if:
a. The debt service obligations for any year are met;
b. The county’s comprehensive plan has been determined to be in compliance with part II of
chapter 163; and
c. The county has adopted an amendment to the surtax ordinance pursuant to the procedure
provided in s. 125.66 authorizing additional uses of the surtax proceeds and interest.
2. A municipality located within a county that has a population of 50,000 or less on April 1,
1992, or within a county designated as an area of critical state concern on the effective date of
this act, and that imposed the surtax before July 1, 1992, may not use the proceeds and interest of
the surtax for any purpose other than an infrastructure purpose authorized in paragraph (d) unless
the municipality’s comprehensive plan has been determined to be in compliance with part II of
9.B.1
Packet Pg. 126 Attachment: Infrastructure Surtax Statute (10248 : Committee Support Documents)26.B.2
Packet Pg. 948 Attachment: [Linked] Agenda and Back-up Documents - November 06, 2019 (11020 : Infrastructure Surtax Citizen Oversight Committee -
chapter 163 and the municipality has adopted an amendment to its surtax ordinance or resolution
pursuant to the procedure provided in s. 166.041 authorizing additional uses of the surtax
proceeds and interest. Such municipality may expend the surtax proceeds and interest for any
public purpose authorized in the amendment.
3. Those counties designated as an area of critical state concern which qualify to use the
surtax for any public purpose may use only up to 10 percent of the surtax proceeds for any public
purpose other than for infrastructure purposes authorized by this section. A county that was
designated as an area of critical state concern for at least 20 consecutive years prior to removal of
the designation, and that qualified to use the surtax for any public purpose at the time of the
removal of the designation, may continue to use up to 10 percent of the surtax proceeds for any
public purpose other than for infrastructure purposes for 20 years following removal of the
designation, notwithstanding subparagraph (a)2. After expiration of the 20-year period, a county
may continue to use up to 10 percent of the surtax proceeds for any public purpose other than for
infrastructure if the county adopts an ordinance providing for such continued use of the surtax
proceeds.
(g) Notwithstanding paragraph (d), a county having a population greater than 75,000 in
which the taxable value of real property is less than 60 percent of the just value of real property
for ad valorem tax purposes for the tax year in which an infrastructure surtax referendum is
placed before the voters, and the municipalities within such a county, may use the proceeds and
interest of the surtax for operation and maintenance of parks and recreation programs and
facilities established with the proceeds of the surtax throughout the duration of the surtax levy or
while interest earnings accruing from the proceeds of the surtax are available for such use,
whichever period is longer.
(h) Notwithstanding any other provision of this section, a county shall not levy local option
sales surtaxes authorized in this subsection and subsections (3), (4), and (5) in excess of a
combined rate of 1 percent.
9.B.1
Packet Pg. 127 Attachment: Infrastructure Surtax Statute (10248 : Committee Support Documents)26.B.2
Packet Pg. 949 Attachment: [Linked] Agenda and Back-up Documents - November 06, 2019 (11020 : Infrastructure Surtax Citizen Oversight Committee -
ORDINANCE NO. 2018- 21
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, IMPOSING A COUNTYWIDE LOCAL
GOVERNMENT INFRASTRUCTURE SURTAX OF ONE PERCENT (1%)
ON ALL AUTHORIZED TAXABLE TRANSACTIONS OCCURRING
WITHIN COLLIER COUNTY, AS AUTHORIZED BY SECTION
212.055(2), FLORIDA STATUTES, EFFECTIVE BEGINNING JANUARY
1, 2019, FOR A PERIOD OF UP TO SEVEN (7) YEARS OR UNTIL THE
AGGREGATE FUNDS OF$490,000,000 ARE COLLECTED,WHICHEVER
IS SOONER; PROVIDING THAT THE IMPOSITION OF THE SURTAX
SHALL BE CONTINGENT ON APPROVAL AT A COUNTYWIDE
REFERENDUM; PROVIDING FOR A WEBPAGE WHICH DETAILS THE
PROPOSED PROJECTS FOR THE PUBLIC; PROVIDING FOR
DISTRIBUTION OF SURTAX REVENUES AMONG THE COUNTY AND
THE MUNICIPALITIES WITHIN THE COUNTY; PROVIDING FOR
CITIZEN OVERSIGHT; PROVIDING BALLOT LANGUAGE AND
DIRECTING THE SUPERVISOR OF ELECTIONS TO HOLD A
COUNTYWIDE PRECINCT REFERENDUM ELECTION ON
NOVEMBER 6,2018.
WHEREAS, Section 212.055(2),Florida Statutes, authorizes the Collier County Board of
County Commissioners ("Board") to impose a 1.0 percent (1%) local government infrastructure
surtax("Surtax")upon transactions occurring within Collier County("County")which are taxable
under Chapter 212, Florida Statutes; and
WHEREAS,a 1.0 percent(1%) Surtax would,under current State sales tax rates,result in
a one cent (1¢) Surtax on each one dollar ($1.00) sale as specifically provided by law and will be
applied to each fractional part of one dollar accordingly; and
WHEREAS,the Surtax differs from the transactions subject to the State sales tax in that
the local option sales tax base applies only to the first $5,000 of the purchase price of an item of
taxable personal property while the State sales tax applies to the entire purchase price regardless
of amount,pursuant to Section 212.054(2)(b)(1), Florida Statutes; and
WHEREAS,the Surtax does not apply to certain groceries,medical products and supplies,
fuel,and other specifically identified goods and services listed in Section 212.08,Florida Statutes;
and
Page 1 of 8
9.B.2
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WHEREAS, the funds derived from the imposition of the Surtax shall be distributed to
the County and the municipalities of the County("Municipalities"),as set forth in Section 218.62,
Florida Statutes, if no interlocal agreement is entered into; and
WHEREAS, funds received from the Surtax authorized by Section 212.055(2), Florida
Statutes,may be utilized by the County and Municipalities to finance,plan, construct,reconstruct,
renovate and improve needed infrastructure,as defined in Section 212.055(2)(d), Florida Statutes;
and
WHEREAS,the County and the Municipalities are presently without sufficient fiscal and
monetary resources to adequately fund their infrastructure needs; and
WHEREAS,adequate public infrastructure facilities of the types herein described promote
the safe, efficient and uninterrupted provision of numerous essential public services provided by
the County and the Municipalities, including but not limited to roads,bridges, signals, sidewalks,
parks, evacuation shelters, governmental facilities, including emergency services facilities;
acquiring land and construction for workforce housing and career and technical training,veterans'
nursing home and expand mental health facilities; and
WHEREAS, a brief description of the projects to be funded is set forth in the ballot
language contained in this Ordinance and a more specific list of projects to be funded is attached
hereto as Exhibit A; and
WHEREAS, the County and the Municipalities shall establish a citizen oversight
committee to provide for citizen review of the expenditure of Surtax proceeds.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida,that:
SECTION ONE. Incorporation of Recitals.
The above recitals are true and correct and are hereby incorporated by reference.
Page 2 of 8
9.B.2
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SECTION TWO. Imposition of Local Government Infrastructure Surtax.
There is hereby imposed a one percent (1%) local government infrastructure surtax
Surtax") upon all authorized taxable transactions occurring within the County.
SECTION THREE. Administration, Collection and Distribution of Proceeds.
The Surtax shall be administered,collected,and enforced in accordance with the provisions
of Section 212.054, Florida Statutes, and the rules promulgated by the Florida Department of
Revenue. The proceeds of the Surtax shall be distributed by the Department of Revenue directly
to the County and Municipalities, in accordance with Section 218.62, Florida Statutes.
SECTION FOUR. Referendum Election.
a) The Surtax imposed in Section Two hereof shall not take effect unless and until
approved by a majority of the electors of the County voting in a countywide precinct referendum
election on the Surtax.
b) The Collier County Supervisor of Elections is hereby directed to hold such
countywide precinct referendum election on November 6,2018.
c) The Collier County Supervisor of Elections shall cause the following proposition
to be placed on the ballot:
COLLIER COUNTY AND MUNICIPAL INFRASTRUCTURE
ONE-CENT SALES SURTAX
To enhance safety, mobility, and hurricane preparedness in Collier
County and its cities by constructing, repairing, and maintaining
roads, bridges, signals, sidewalks, parks, evacuation shelters,
governmental and emergency services facilities; acquire land and
support construction for workforce housing and career and technical
training,veterans'nursing home and expand mental health facilities;
shall the County levy a one-cent sales surtax beginning January 1,
2019 and automatically ending December 31, 2025, with oversight
by citizen committee?
FOR THE ONE-CENT SALES TAX
AGAINST THE ONE-CENT SALES TAX
Page 3 of 8
9.B.2
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SECTION FIVE. Advertisement and Webpage.
The Collier County Clerk of Court shall insure that notice of this referendum be advertised
in accordance with the provisions of Section 100.342, Florida Statutes. Proof of publication shall
be provided to the Chair of the Board. Upon adoption of this Ordinance, the County shall create
a webpage available to the public on the County's main website which details the proposed projects
to be funded by the Surtax,as well as the particulars regarding the imposition and collection of the
Surtax.
SECTION SIX.Expiration Date; Survival of Certain Restricted Uses.
a) Sunset. In all events,this Ordinance shall be in effect only through December 31,
2025. It shall sunset and expire thereafter,without further action by the Board and the electors, at
which time it shall be deemed repealed and of no further force and effect, and the Surtax levied
hereunder shall terminate. Alternatively,this Ordinance shall sunset on December 31 st of any year
during the term of this Ordinance in the event that the total aggregate distributions of Surtax
proceeds equal or exceed the amount of$490,000,000 at any time during that calendar year, in
which event the Board shall take necessary action to repeal this Ordinance and notify the Florida
Department of Revenue prior to the applicable deadline so that the Surtax will not continue for the
following year.
b) Survival of restrictions on use of Surtax proceeds. Notwithstanding the provisions
of subsection (a) for the expiration and repeal of this Ordinance, so long as any Surtax proceeds
shall remain unspent, the restrictions hereby imposed concerning the distribution and use of such
Surtax proceeds as well as the proceeds of any borrowings payable from Surtax proceeds, and all
interest and other investment earnings on either of them shall survive such expiration and repeal
and shall be fully enforceable in a court of competent jurisdiction.
SECTION SEVEN. Infrastructure Surtax Citizen Oversight Committee.
a) Creation. Upon the approval of the Surtax by the electors of Collier County, the
Board shall hereby assemble an Infrastructure Surtax Citizen Oversight Committee("Committee")
to provide for citizen review of the expenditure of the Surtax proceeds by the County, as soon as
Page 4 of 8
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possible after the Surtax becomes effective,but not later than the date on which the funds are first
expended. The Committee shall serve as an ad hoc advisory and reporting body to the County.
b) Composition. The Committee shall be comprised of seven (7) members. There
shall be one(1)member appointed from each County District,and two(2)at-large members. Upon
confirmation that said individuals meet the requirements herein, the Board shall appoint said
individuals to this Committee. Appointment of positions, unless otherwise stated herein, shall be
governed by Collier County Ordinance No. 2001-55, as may be amended, or by its successor
ordinance.
c) Membership Qualifications. All members shall have the following qualifications:
1) Member shall be a resident of Collier County;
2) Member shall not be an elected official;
3) Member shall not be a current employee of any governmental body within
Collier County;
4) Special consideration shall be given to nominees that have financial or
business management backgrounds and experience; and
5) Member shall meet the qualifications set forth in Collier County Ordinance
No. 2001-55, as may be amended or its successor ordinance.
d) Term. The initial terms for the at-large seats shall be one year;the remainder of the
at-large terms shall be for two years or until the Committee sunsets. The initial terms and all terms
thereafter for each District seat shall be for two years or until the Committee sunsets. All members
shall be eligible for reappointment upon the expiration of their term. Upon resignation or removal
of a member from a seat, that seat will be filled for the remainder of its term.
e) Removal. Removal of members from the Committee shall be in accordance with
the provisions of Collier County Ordinance No. 2001-55, as it may be amended, or its successor
ordinance.
Page 5 of 8
9.B.2
Packet Pg. 132 Attachment: Ordinance 2018-21 (10248 : Committee Support Documents)26.B.2
Packet Pg. 954 Attachment: [Linked] Agenda and Back-up Documents - November 06, 2019 (11020 : Infrastructure Surtax Citizen Oversight Committee -
f) Sunset. The Committee shall sunset and terminate without further action by the
Board within 2 months of the final expenditure of all of the Surtax proceeds collected by the
County. At its final meeting after the Surtax proceeds have been expended, the Committee shall
prepare a final report to the Board with its findings and recommendations.
g) Duties. The Committee shall have the responsibility to review the expenditure of
Surtax proceeds against the ballot referendum approved by the voters and this Ordinance. The
Board may expend proceeds of the Surtax on projects not specifically stated herein or in the
attached Exhibit A, so long as those projects (1) comply with the intent of the ballot language, (2)
have a positive recommendation by this Committee,and(3)fall within the projects and categories
identified. The Committee shall not recommend alternative projects, unless requested by the
Board.
h) Officer; Meetings; Quorum; Rules of Procedure.
1) Annually the members of the Committee shall elect a chairperson and vice
chairperson from among the members. The chairperson's and vice chairperson's terms in such
positions shall be for one(1)year with eligibility for re-election by the members of the Committee.
2) The Committee shall meet monthly, or as otherwise needed to fulfill their
duties and responsibilities.
3) The presence of at least five (5) members shall constitute a quorum of the
Committee necessary to take action and transact business. In addition, an affirmative vote of a
super majority (majority present plus one) shall be necessary in order to take official action.
Furthermore,by simple majority vote,but never with less than 5 members present,the Committee
shall adopt rules of procedure for its meetings, and thereafter shall be governed by its procedures,
as amended from time to time.
4) The Committee shall keep a written record of meetings, resolutions,
findings and determinations. Copies of all Committee minutes, resolutions, reports and exhibits
shall be submitted to the Board. The Committee shall submit an annual report of its findings and
recommendations to the Board.
Page 6 of 8
9.B.2
Packet Pg. 133 Attachment: Ordinance 2018-21 (10248 : Committee Support Documents)26.B.2
Packet Pg. 955 Attachment: [Linked] Agenda and Back-up Documents - November 06, 2019 (11020 : Infrastructure Surtax Citizen Oversight Committee -
i) Reimbursement of Expenses. Committee members shall receive no compensation
for the performance of their duties, but shall be entitled to receive reimbursement for expenses
reasonably incurred in the performance of their duties upon prior approval by the Board.
j) Duties of the County Manager's Office. The County Manager's Office will provide
such documentation, information, descriptions of procedures, secretarial support and general
assistance to the Committee as may be necessary for the Committee to carry out its functions as
set forth herein.
k) The Committee, its members, and all its proceedings shall be governed by and
comply with the provisions of the Florida Sunshine Law,Chapter 286,Florida Statutes,the Florida
Public Records Law, Chapter 119, Florida Statutes, and the Florida Ethics Code, Chapter 112,
Florida Statutes, and all other applicable local or state statutes, ordinances, or rules.
SECTION EIGHT. Conflict and Severability.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any
phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION NINE. Inclusion in The Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
lettered to accomplish such, and the word "ordinance"may be changed to "section," "article," or
any other appropriate word.
SECTION TEN. Effective Date.
This Ordinance shall be effective upon filing with the Florida Department of State.
Page 7 of 8
9.B.2
Packet Pg. 134 Attachment: Ordinance 2018-21 (10248 : Committee Support Documents)26.B.2
Packet Pg. 956 Attachment: [Linked] Agenda and Back-up Documents - November 06, 2019 (11020 : Infrastructure Surtax Citizen Oversight Committee -
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County,Florida,this Ze4\ day of r\\ 2018.
ATTEST:BOARD OF COUNTY COMMISSIONERS
DWIGHT E.,BROCK, Clerk COLLIER P I TY, FLO' !! •
By---. 1 A A B
Attest as to Chairman's'
Deputy Cle IOWAndy Solis, Chairman
signature only.
Appro 1;,d -- ! rm and legality:
41111 ,
Jeffrey • r ow, County Attorney
This ordinance filed with the
Secretary of St tkensOffice
v4lo ''day of _
and acknowledgement otf that
filing eceived this dayy
of _ L.
49
By __ _
tout tk
Page 8 of 8
9.B.2
Packet Pg. 135 Attachment: Ordinance 2018-21 (10248 : Committee Support Documents)26.B.2
Packet Pg. 957 Attachment: [Linked] Agenda and Back-up Documents - November 06, 2019 (11020 : Infrastructure Surtax Citizen Oversight Committee -
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9.B.2
Packet Pg. 136 Attachment: Ordinance 2018-21 (10248 : Committee Support Documents)26.B.2
Packet Pg. 958 Attachment: [Linked] Agenda and Back-up Documents - November 06, 2019 (11020 : Infrastructure Surtax
ofTY, Sr
FIk y 1 ei
I
614,Ka.Ce.''
FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
April 26, 2018
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Martha Vergara
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2018-21, which was filed in this office on April 26, 2018.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us
9.B.2
Packet Pg. 137 Attachment: Ordinance 2018-21 (10248 : Committee Support Documents)26.B.2
Packet Pg. 959 Attachment: [Linked] Agenda and Back-up Documents - November 06, 2019 (11020 : Infrastructure Surtax Citizen Oversight Committee -
11/06/2019
COLLIER COUNTY
Collier County Infrastructure Surtax Citizen Oversight Committee
Item Number: 12.A
Item Summary: Next Meeting Date - December 4, 2019
Meeting Date: 11/06/2019
Prepared by:
Title: – County Manager's Office
Name: Heather Yilmaz
09/23/2019 12:05 PM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
09/23/2019 12:05 PM
Approved By:
Review:
County Manager's Office Geoffrey Willig Additional Reviewer Completed 09/25/2019 4:03 PM
Administrative Services Department Michael Cox Additional Reviewer Completed 09/26/2019 2:36 PM
County Manager's Office Heather Yilmaz Review Item Completed 10/31/2019 5:15 PM
Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 11/06/2019 8:30 AM
12.A
Packet Pg. 138
26.B.2
Packet Pg. 960 Attachment: [Linked] Agenda and Back-up Documents - November 06, 2019 (11020 : Infrastructure Surtax Citizen Oversight Committee -
26.B.3Packet Pg. 961Attachment: Checklist All Projects Validated - 11_06_2019 Signed (11020 : Infrastructure Surtax Citizen Oversight Committee - November 06,
26.B.3Packet Pg. 962Attachment: Checklist All Projects Validated - 11_06_2019 Signed (11020 : Infrastructure Surtax Citizen Oversight Committee - November 06,
26.B.3Packet Pg. 963Attachment: Checklist All Projects Validated - 11_06_2019 Signed (11020 : Infrastructure Surtax Citizen Oversight Committee - November 06,