Ordinance 2007-28
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Hi j- fEB 2001 J ~ ORDINANCE NO. 2007- 2Q
~~" RECH~~~ ~ ANCE RELATING TO THE PURCHASE OF REAL PROPERTY;
\~<'~~ PRO NG FOR POLICIES AND PROCEDURES GOVERNING THE
0, 6 8l ~:D' ISAL OF LAND AND EASEMENTS PROPOSED FOR PURCHASE BY
OLLIER COUNTY; PROVIDING FOR INCLUSION IN THE COLLIER
COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Section 125.355(1)(b), Florida Statutes, requires counties to obtain at least one
appraisal for each purchase of less than $500,000 and to obtain at least two appraisals for each
purchase of more than $500,000; and
WHEREAS, Section 125.355(1)(b), Florida Statutes, also allows counties to waive the
requirement for an appraisal for purchases of less than $100,000; and
WHEREAS, Section 125.355(1)(c), Florida Statutes, provides that any county may establish
by ordinance any procedures for the appraisal and purchase of real property not in conflict with the
provisions of Chapter 119, Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COlJNTY.
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: AUTHORITY.
This Ordinance is adopted pursuant to the provisions of Chapter 125 and Chapter 165, Florida
Statutes, and other applicable provisions of law.
SECTION TWO: POLICIES AND PROCEDURES GOVERNING THE APPRAISAL OF
LAND AND EASEMENTS PROPOSED FOR PURCHASE.
1. All fee simple and easement acquisition purchases for or on behalf of Collier County, or any
other entity over which the Board of County Commissioners of Collier County, Florida is the
governing board, must be approved by the Board of County Commissioners in advance of closing.
2. The County Manager, or his designee, must submit for Board consideration at least two (2) real
estate appraisals in support of any fee simple or easement purchase in excess of $2,500,000. Both
of the appraisals shall be prepared by licensed, state-certified, independent real estate appraisers
hired to work on the behalf of the County.
3. The County Manager, or his designee, shall obtain at least one (1) real estate appraisal in support
of any fee simple or easement purchase in excess of $1,000,000 which has been prepared by a
licensed, state-certified, independent real estate appraiser hired to work on the behalf of the County.
4. The County Manager, or his designee, shall obtain at least one (1) real estate appraisal in support
of any fee simple or easement purchase of less than $1,000,000 which appraisal may be prepared by
a licensed, state certified real estate appraiser who is a salaried employee of the Board of County
Commissioners.
Page 1 of 2
5. The County Manager, or his designee, is responsible for ensuring that all appraisals prepared for
or on behalf of the County have been developed and reported in conformance with the Uniform
Standards of Professional Appraisal Practice, latest edition, as adopted by The Appraisal
Foundation.
6. If the County elects to use exemptions in Section 125.355, Florida Statutes, then Section 125.355
Florida Statutes shall govern and this Ordinance will be pre-empted by said Statute.
SECTION THREE: 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 FOUR: 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 FIVE: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this J.3-t+l day of Fe..b rl..L~r-) ,2007.
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ATTEST:, \ ',"
DWIGIll':E. BROCK, 'Clerk
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BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
Attest 1S: "00 t ~
OS h)l1at."wt (>r. 'i.
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JA~ CO A, Chairman
Approved as to form and legal
sufficiency:
/1c{ . J.~
Heidi F. Ashton
Assistant County Attorney
This ordinance fiied with the
S1hr~ory of Stoty's Office, th71
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and acknowledgemeWhat
HIi'~d thik:,~ day
of -- u~~~C
, -Deputy Clerk
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2007-28
Which was adopted by the Board of County Commissioners on
the 13th day of February 2007, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 14th day
of February 2007.
DWIGHT E. BRO.~f;~JI '.-
Clerk of C9~t',s.'and.' C;lerk
Ex-officio',."t:~,:~~~rd 01:
County COmfTli~DriJerp y
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~: Teresa Di1\'~i,~~j.
Deputy Clerk'