Ordinance 2023-47 ORDINANCE NO. 2023 -47
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2002-63,
AS AMENDED, THE CONSERVATION COLLIER IMPLEMENTATION
ORDINANCE,TO PROVIDE FOR THE ABILITY TO TRANSFER FUNDS
OUT OF THE CONSERVATION COLLIER MANAGEMENT TRUST
FUND AND THE CONSERVATION COLLIER ACQUISITION TRUST
FUND FOR ANY COUNTY PURPOSE DEEMED TO BE IN THE BEST
INTEREST OF THE PUBLIC BY MAJORITY VOTE OF THE BOARD OF
COUNTY COMMISSIONERS; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, On December 3, 2002, the Board of County Commissioners ("Board")
adopted Ordinance No.2002-63, establishing the Conservation Collier Program, which Ordinance
has been amended from time to time; and
WHEREAS, the Board desires to further amend Ordinance 2002-63, as provided herein.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION 6 OF ORDINANCE NO. 2002-63, AS
AMENDED.
Section 6 is hereby amended as follows:
Section 6 -Creation of the Conservation Collier Acquisition Trust Fund.
Collier County shall establish the Conservation Collier Acquisition Trust Fund for use in
acquiring environmentally sensitive lands in Collier County. This fund shall receive and
disburse monies in accordance with the provisions herein.
1. The Conservation Collier Acquisition Trust Fund shall receive monies from the
following sources:
a. All monies accepted by Collier County in the form of federal, State, or other
governmental grants, reimbursements, allocations, or appropriations,
foundation or private grants, donations for acquisition of environmentally
sensitive lands and payments provided for mitigation activity associated with
such acquisition activity.
b. Such additional allocations as may be made by the Board of County
Commissioners from time to time for the purposes set forth herein.
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c. All interest generated from the sources identified herein except where monies
received have been otherwise designated or restricted.
d. Supplementation from the Conservation Collier Management Trust Fund, but
only with the approval of the Collier County Board of County Commissioners.
e. Up to Seventy-five percent (75%) of all revenues collected for Conservation
Collier. This percentage shall be reviewed annually by the Board.
f. The proceeds of any property acquired with funds from the Conservation
Collier Acquisition Trust Fund that is leased or sold by the County, said
proceeds, as determined by the Board of County Commissioners, to be
committed either to the Conservation Collier Acquisition Trust Fund or to the
Conservation Collier Management Trust Fund for the purposes provided for
herein. Any such sale or lease shall only be in accordance with the goals of this
Program.
g. Prior to acquiring land located within a Municipality's boundaries, approval
must first be obtained from the governing body of that Municipality.
2. The Conservation Collier Acquisition Trust Fund shall be maintained in a separate
and segregated trust fund of the County to be used solely for the authorized purposes set
forth herein, and for any other County purpose deemed to be in the best interest of the
public by majority vote of the Board of County Commissioners.
3. Disbursements from the Conservation Collier Acquisition Trust Fund shall be made
only for the following authorized purposes:
a. Acquisition of properties which have been approved for purchase by the
Board of County Commissioners.
b. Costs associated with each acquisition including, but not limited to,
appraisals, surveys, environmental reports, title commitments and insurance
policies, real property taxes, documentary stamps and surtax fees, and other
transaction costs.
c. Costs of administering Conservation Collier, including any loans from the
General Fund for funding start-up costs until such time as the fund is closed.
Administration of the program may be conducted by County staff or by contract
with a private or not for profit entity subject to meeting all County and Conservation
Collier purchasing policies. Administrative costs shall be limited to the greatest
extent possible.
d. Costs to acquire and dispose of real and personal property or any interest
therein when necessary or appropriate to protect the natural environment, provide
public access or public recreational facilities, preserve wildlife habitat areas or
provide access to management of acquired lands; to acquire interests in land by
means of land exchanges; and to enter into alternatives to the acquisition of fee
interests in land, including, the acquisition of easements, life estates, leases, and
leaseback arrangements.
e. Acquisitions consistent with Collier County Land Development Code and
the Growth Management Plan.
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£ To, cooperate with other local, regional, state, or federal public land
acquisition programs. In such cases,the County may enter into contractual or other
agreements to acquire lands jointly or for eventual resale to other public land
acquisition programs in Collier County.
g. All.lands acquired and titled solely in the name of Collier County shall be
managed by Collier County, wherever located, unless by mutual written agreement
management arrangements and responsibilities are undertaken with other local,
regional, state, or federal agencies. All lands jointly acquired with other local,
regional, state, or federal agencies, including Municipalities, shall include, as part
of the acquisition process, some mutual written agreement regarding the
responsibilities of the joint owners for maintenance.
h. To borrow money through the issuance of bonds for the purposes provided
herein, to provide for and secure the payment thereof, and to provide for the rights
of the holders thereof.
i. To invest any funds held in reserves or sinking funds, or any funds not
required for immediate disbursement, in such investments as may be authorized for
trust funds under Florida Statutes, Section 215.47 as amended.
j. To insure and procure insurance against any loss in connection with any of
the trust's operations, including without limitation:
1. The repayment of any loans to mortgage lenders or mortgage loans;
2. Any project;
3. Any bonds of the County;
Insurance may be procured in such amounts and from such insurers, including the
Federal Government, as may be deemed necessary or desirable by Collier County.
k. To engage the services of private consultants on a contract basis for
rendering professional and technical assistance and advice.
1. To identify parcels of land that would be appropriate acquisitions.
m. To do any and all things necessary or convenient to carry out the purposes
of, and exercise the powers given and granted herein to the full extent of the law.
n. Funds may be transferred out of the Conservation Collier Acquisition Trust
Fund for any other County purpose if found to be in the best interest of the public
by majority vote of the Board of County Commissioners.
SECTION TWO: AMENDMENT TO SECTION 7 OF ORDINANCE NO. 2002-63, AS
AMENDED.
Section 7 is hereby amended as follows:
Section 7 - Creation of the Conservation Collier Management Trust Fund.
There is hereby created the Conservation Collier Management Trust Fund
(hereinafter referred to as the Conservation Collier Management Trust Fund) for the
preservation, enhancement, restoration, conservation and maintenance of environmentally
sensitive lands that either have been purchased with monies from the Lands Acquisition
Trust Fund, or have otherwise been approved for management. The Finance Director is
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hereby authorized to establish the Conservation Collier Management Trust Fund and to
receive and disburse monies in accordance with the provisions of this section.
1. The Conservation Collier Management Trust Fund shall be maintained in a separate
and segregated trust fund of the County to be used solely for the authorized purposes set
forth herein and for any other County purpose deemed to be in the best interest ofthe public
by majority vote of the Board of County Commissioners.
2. The Conservation Collier Management Trust Fund shall receive monies from the
following sources:
a. Revenues collected for Conservation Collier in an amount no less than 25%
percent of the total collected in any one year.
b. All monies accepted by Collier County in the form of federal, State,or other
governmental grants,allocations,or appropriations,as well as foundation or private
grants and donations, for management of lands acquired with the Conservation
Collier Acquisition Trust Fund or otherwise approved for management.
c. Additional allocations as may be made by the Board of County
Commissioners as necessary from time to time for purposes strictly consistent with
the goals and purposes of Conservation Collier.
d. All interest generated from the sources identified herein, except where
monies received have been otherwise designated or restricted.
e. Supplementation from the Conservation Collier Acquisition Trust Fund,but
only with the approval of the Collier County Board of County Commissioners.
3. Disbursements from the Conservation Collier Management Trust Fund shall be
made by the County Manager or his or her designee only in accordance for the authorized
purposes set forth herein and as approved by the Board of County Commissioners.
4. Funds may be transferred out of the Conservation Collier Management Trust Fund
for any other County purpose if found to be in the best interest of the public by majority
vote of the Board of County Commissioners.
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 phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
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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 Ordinances may be renumbered or
relettered 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 on September 21, 2023.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 1044day of Oejd e , 2023.
ATTESTS' • • ` 'r BOARD OF COUNTY COMMISSIONERS
CRYSS• iK; K I ••;, ERK COLLIER COUNTY, FLORIDA
_ A �
By: - . _ By: /
Artest:ps t uty:Clerk Rick LoCastro, Chairman
signat on13r
Approve lite y .nd legality:
lkiiiii,L,A
Jeffrey A. latzki , County Attorney
This ordinance fik d with tiro
i Secretary of State's O.•fice the
l.t'"' day of 0 G''. ✓2 t713
and acknowled5errtent of tint
Ming re�e'&ve 1i
d,this _ t=day
of , 202S
By
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jtr`t
ago:
.000
FLORIDA DEPARTMENT Of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
October 12, 2023
Crystal K. Kinzel, Clerk of Court
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, FL 34112
Dear Ms. Kinzel,
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2023-47, which was filed in this office on October 11,
2023.
If you have any questions or need further assistance, please contact me at (850) 245-6271 or
Anya.Owens@DOS.MyFlorida.com.
Sincerely,
Anya C. Owens
Administrative Code and Register Director
ACO/wlh
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270