Agenda 01/23/2024 Item #11A (Ordinance - Conservation Collier Program)01/23/2024
EXECUTIVE SUMMARY
Recommendation to direct staff to advertise an ordinance amending Ordinance 2002-63, which established
the Conservation Collier Program and bring back the ordinance at an advertised public hearing.
OBJECTIVE: Request authorization for staff to advertise an Ordinance amending Ordinance 2002-63, which
established the Conservation Collier Program and provided guidance for the implementation of the program.
CONSIDERATIONS: On December 3, 2002, the Board approved Ordinance 2002-63, which established the
Conservation Collier Land Acquisition Program. This ordinance has been amended five times, most recently in
2019.
On September 26, 2023, the Board of County Commissioners directed staff to bring forward proposed ordinance
changes to expedite the acquisition process and to allow for alternative acquisitions of land, including conservation
easements.
FISCAL IMPACT: The fiscal impact associated with this action will include advertising fees. Funds are
available within the Conservation Collier Maintenance Fund (1062).
GROWTH MANAGEMENT IMPACT: Acquisition of conservation lands is consistent with and supports Policy
1.3.1(e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for
Board adoption. -JAK
RECOMMENDATION: To authorize staff to advertise an Ordinance amending Ordinance 2002-63, the
Conservation Collier Implementation Ordinance.
Prepared by: Jaime Cook, Director, Environmental Services and Development Review Division, Growth
Management Community Development Department
ATTACHMENT(S)
1. Conservation Collier Ordinance Amendment - JAK-11-30 (PDF)
2. Conservation Collier Ordinance Amendment - JAK-11-30 (line numbered version) (PDF)
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01/23/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.A
Doc ID: 27319
Item Summary: Recommendation to direct staff to advertise an Ordinance amending Ordinance 2002 -63, which
established the Conservation Collier Program and bring back the Ordinance at an advertised public hearing. (Jeff
Klatzkow, Collier County Attorney & Jaime Cook, Director, Environmental Services and Development Review)
Meeting Date: 01/23/2024
Prepared by:
Title: Technician – Development Review
Name: Lucia Martin
11/21/2023 4:21 PM
Submitted by:
Title: Environmental Specialist –
Name: Jaime Cook
11/21/2023 4:21 PM
Approved By:
Review:
Unknown Jaime Cook Division Director Completed 11/21/2023 8:29 PM
Growth Management Community Development Department Diane Lynch Department Review Completed
11/22/2023 4:35 PM
Transportation Management Operations Support Evelyn Trimino Additional Reviewer Completed
11/28/2023 11:40 PM
Operations & Regulatory Management Michael Stark Additional Reviewer Completed 11/29/2023 8:26 AM
Office of Management and Budget Christopher Johnson Additional Reviewer Completed 12/04/2023 1:59 PM
County Attorney's Office Sally Ashkar Additional Reviewer Completed 12/04/2023 2:58 PM
Growth Management Community Development Department James C French Growth Management Completed
12/04/2023 3:07 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/04/2023 3:17 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/05/2023 8:50 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 12/05/2023 10:59 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 01/17/2024 2:30 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 01/23/2024 9:00 AM
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ORDINANCE NO. 2024 - ____
AN ORDINANCE AMENDING ORDINANCE NO. 2002-63, AS AMENDED,
WHICH ESTABLISHED THE CONSERVATION COLLIER PROGRAM,
BY AMENDING SECTION 6, CREATION OF THE CONSERVATION
COLLIER ACQUISITION TRUST FUND, SECTION 7: CREATION OF
THE CONSERVATION COLLIER MANAGEMENT TRUST FUND;
SECTION 9: PROPERTY ELIGIBLE FOR ACQUISITION AND
MANAGEMENT; SECTION 10: CRITERIA FOR EVALUATING LANDS
FOR ACQUISITION AND MANAGEMENT; SECTION 11: ACQUISITION
LIST; SECTION 12: NOMINATION FOR ACQUISITION PROPOSALS
AND CANDIDATE SITES; SECTION 13: PROCEDURE FOR SELECTION
OF ACQUISITION PROPOSALS FOR PLACEMENT ON THE ACTIVE
ACQUISITION LIST AND SUBSEQUENT PURCHASE PROCEDURES;
SECTION 14: MANAGEMENT PLANS AND USE OF
ENVIRONMENTALLY SENSITIVE LANDS; AND SECTION 16: SUNSET
OF THE CONSERVATION COLLIER AD VALOREM TAX; 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 Ordinance No. 2002-63, as
amended, is hereby further amended as follows:
SECTION ONE: Name.
This ordinance shall be known as Conservation Collier Implementation Ordinance.
SECTION TWO: Objectives.
Conservation Collier is therefore hereby established to acquire, preserve, restore, and
maintain vital and significant threatened natural lands, forest, upland and wetland communities
located in Collier County, for the benefit of present and future generations.
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SECTION THREE: Findings.
1. The foregoing recitals are true and correct and incorporated herein by reference.
2. All ad valorem funds generated hereby shall be collected by the Collier County Tax
Collector.
3. The County Manager, or his or her designee, shall administer this program in accordance
with the procedures and criteria provided for herein.
SECTION FOUR: Purpose and Intent.
1. To acquire, protect and manage environmentally sensitive lands that contain natural upland
or wetland communities, native plant communities, rare and endangered flora and fauna,
endemic species, endangered species habitat, a diversity of species, significant water
resources, or outstanding aesthetic or other natural features, maximizing protection of
Collier County's rarest, most unique and endangered habitats;
2. To acquire, protect and manage environmentally sensitive lands that offer the best human
social value, including equitable geographic distribution, natural resource-based
recreation, and protection of water resources, local ecological awareness, and enhancement
of the aesthetic setting of Collier County;
3. To acquire, protect and manage environmentally sensitive lands that serve to recharge the
County's aquifers and protect its wetlands and surface water resources to ensure the
delivery of clean and plentiful water supplies and provide flood control;
4. To acquire, protect and manage environmentally sensitive lands containing the most
biological value, including biodiversity, listed species habitat, connectivity, restoration
potential, and ecological quality;
5. To protect present conservation lands by acquiring, protecting and managing adjacent
properties which, if not acquired, would threaten the environmental integrity of the existing
resource, or which, if acquired, would enhance and buffer the environmental integrity of
the resource, and add to resource connectivity;
6. To restore the natural functions, as necessary, to any impacted and vulnerable habitats
which would then contribute significantly to fulfilling this program's goals;
7. To help implement the objectives and policies of the Collier County Growth Management
Plan which have been promulgated to preserve and protect environmental protection areas
designated in the Plan and other natural forest resources, wetlands, endangered species
habitat, and vulnerable rare habitats;
8. Upon recommendation by staff or the Board, to utilize a qualified third-party entity to
identify Collier County's best and most endangered environmental lands for acquisition,
protection and management by evaluating the biological and hydrological characteristics
and viability of the resource, the vulnerability of the resource to degradation or destruction,
and the feasibility of managing the resource to maintain its natural attributes;
9. To manage acquired environmentally sensitive lands with the primary objectives of
maintaining and preserving their natural resource values, and providing appropriate natural
resource-based recreational and educational opportunities, by employing management
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techniques that are most appropriate for each native community so that our natural heritage
may be preserved and appreciated by and for present and future generations;
10. To have the acquired sites available, with minimal risk to the environmental integrity of
the site, to educate Collier County's school-age population and the general public about the
uniqueness and importance of Collier County's subtropical ecosystems and natural
communities;
11. To protect natural resources which lie within the boundaries of other conservation land
acquisition programs, where Conservation Collier funds would leverage significant other
matching sources of funding for other agency acquisition projects that would not be
available without such a local match, or which would result in considerably higher funding
rank in another program, however, Collier County shall exclude Municipalities within the
County from any requirement to provide matching funds; and,
12. To cooperate actively with other acquisition, conservation, and resource management
programs that operate within the County's Area, including, but not limited to, such
programs as the State of Florida, the Land Acquisition Trust Fund, Florida Forever, Florida
Communities Trust, and Save Our Rivers program, where the purposes of such programs
are consistent with the purposes of Conservation Collier as stated hereinabove.
SECTION FIVE: Definitions.
The following words and phrases, when used in this article, shall have the meanings ascribed
to them in this section:
Acquisition project shall mean (a) parcel(s) of land approved by the Board of County
Commissioners for conservation by the county in accordance with procedures provided for herein.
Acquisition proposal shall mean (a) parcel(s) of land which has/have been nominated or
recommended for conservation in accordance with the procedures provided for herein.
Authorized Purpose means expenditures authorized herein.
Buffer land shall mean that land which is adjacent to publicly-owned environmental land, or
privately held land permanently dedicated to conservation, or that land which is an in-holding
within publicly-owned environmental land, and which, if not acquired, would threaten the
environmental integrity of the existing resource, or if acquired, would enhance the environmental
integrity and connectivity of the resource.
Environmentally sensitive land shall mean that land which contains natural upland or wetland
communities, native plant communities, rare and endangered flora and fauna, endemic species,
endangered species habitat, a diversity of species, significant water resources, or outstanding
aesthetic or other natural features.
Management shall mean the preservation, enhancement, restoration, conservation,
monitoring, or maintenance of the natural resource values of environmentally sensitive lands
which have been acquired or approved for management under Conservation Collier, including
provision of appropriate public access.
Natural resource-based recreation shall mean all forms of uses which are consistent with the
goals of this program, and are compatible with the specific parcel. Such uses shall include, but not
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be limited to, hiking, nature photography, bird-watching, kayaking, canoeing, swimming, hunting
and fishing.
Non-profit organization shall mean an organization as defined in section 501 of the United
States Internal Revenue Code, operating in Collier County, which includes among its primary
goals the conservation of natural resources and the protection of the environment.
Target Protection Areas shall mean larger areas of environmentally sensitive land within
which are located specific sites which generally satisfy the initial screening criteria and meet the
goals of Conservation Collier.
Urban Area shall mean those areas designated as Urban on the Collier County Future Land
Use Map.
SECTION SIX: Creation of the Conservation Collier Acquisition Trust Fund.
Funding of the Conservation Collier Program.
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.
Collier County has established and will maintain (1) the Conservation Collier Acquisition
Trust Fund for use in acquiring environmentally sensitive lands in Collier County, and (2) 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. Each year through Fiscal Year 2031, the Board will set the millage rate for the
Conservation Collier Program, which may not exceed .25 mills, and set the percentage of revenues
each Fund will receive for that fiscal year. At the direction of the Board, funds may be transferred
between the two funds, or used 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.
1. The Conservation Collier Acquisition Trust Funds 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.
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.
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e. Up to Seventy-five percent (75%) of all revenues collected for Conservation Collier.
This percentage shall be reviewed annually by the Board.
d. Revenues generated by the annual millage set for Conservation Collier by the Board,
not to exceed .25 mills.
e. 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.
f. Prior to acquiring land located within a Municipality’s boundaries, approval must first
be obtained from the governing body of that Municipality.
2. The two Conservation Collier Acquisition Trust Funds 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.
f. 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
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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.
l. To identify parcels of land that would be appropriate acquisitions.
m. To do any and all things necessary or conveni ent 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 SEVEN: 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 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 of the 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.
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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.
34. Disbursements from the Conservation Collier Management Trust Fund shall be made by the
County Manager or his or her designee to manage Conservation Collier properties only in
accordance for the authorized purposes set forth herein and as approved by the Board of County
Commissioners.
45. 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 EIGHT SEVEN: Land Acquisition Advisory Committee.
1. Creation and Purpose: The Land Acquisition Advisory Committee is hereby established to
assist the Board of County Commissioners in establishing an Active Properties Acquisition
List with qualified purchase recommendations consistent with the goals of Conservation
Collier. When active acquisition phases are not in place, the Land Acquisition Committee's
role shall be to review and make recommendations to the Board on the management and
programs of the preserved land.
2. Appointment and Composition: The Land Acquisition Advisory Committee shall be
composed of nine (9) members who are appointed by and will serve at the pleasure of the
Board of County Commissioners in accordance with Ordinance No. 2001-55, as amended.
Membership of the Land Acquisition Advisory Committee shall comprise broad and balanced
representation of the interests of Collier County citizens, including:
a. Environmental, land management and conservation interests in Collier County;
b. Agricultural and business interests in Collier County;
c. Educational interests in Collier County; and
d. General civic and citizen interests from throughout the county.
Individual members of the Land Acquisition Advisory Committee shall have expertise,
knowledge or interest in ecology, conservation of natural resources, real estate or land
acquisition, land appraisal, land management, eco-tourism or environmental education. A
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nominee shall submit to the Board of County Commissioners written evidence of his or her
expertise, knowledge or interest in any of the above. The members of this committee should
include representatives from different areas of Collier County.
3. Terms of Office: The initial terms of office of the members shall be staggered between the
individual interests, for balance purposes, and be set as follows:
a. Three (3) members shall serve three (3) years.
b. Three (3) members shall serve two (2) years.
c. Three (3) members shall serve one (1) year.
Thereafter, all appointments shall be for a term of three (3) years. The process for
appointments and terms of office shall be governed by Collier County Ordinance No. 2001-
55, as amended.
4. Officers, Quorum and Rules of Procedure: At its earliest opportunity, the membership of the
Committee shall elect a chairperson and vice chairperson from among the members. Officers'
terms shall be for a period of one (1) year, with eligibility for reelection.
The presence of five (5) or more members shall constitute a quorum of the Committee
necessary to take action and transact business, unless active acquisition phases are not in
place in which case four (4) or more members shall constitute a quorum. The Committee
shall, by majority vote of the entire membership, adopt rules of procedure for the transaction
of business. The Land Acquisition Advisory Committee shall comply with the applicable
requirements of the Florida Sunshine Law, and shall keep a written record of meetings,
resolutions, findings and determinations in accordance with F.S. ch. 112. Copies of all
Committee minutes, resolutions, reports, and exhibits shall be submitted to the Board of
County Commissioners.
5. Attendance and Vacancies: Committee member attendance requirements, including failure to
attend meetings and member removal from office are governed by Collier County Ordinance
No. 2001-55, as amended.
6. Functions, Powers and Duties of the Land Acquisition Advisory Committee: The Land
Acquisition Advisory Committee shall have the following duties and responsibilities:
a. The Land Acquisition Advisory Committee's primary responsibility is to recommend to
the Board of County Commissioners an Active Properties Acquisition List with qualified
purchase recommendations consistent with the goals of Conservation Collier and
pursuant to the policies outlined herein below.
b. The Land Acquisition Advisory Committee may, from time to time, recommend to the
Board of County Commissioners proposed expenditures from the Conservation Collier
Trust Funds; additional selection or acquisition policies, procedures, and programs; and
other such matters as may be necessary to fulfill the purposes of Conservation Collier.
However, the goals and primary criteria of Conservation Collier may not be modified
except by countywide referendum vote.
c. The Land Acquisition Advisory Committee shall have no power or authority to commit
Collier County to any policies, to incur any financial obligations or to create any liability
on the part of the County. The actions and recommendations of the Land Acquisition
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Advisory Committee are advisory only and shall not be binding upon the County unless
approved or adopted by the Board of County Commissioners.
d. At such time as there are insufficient uncommitted funds in the Conservation Collier
Acquisition Trust Fund to conclude another acquisition and all acquisition projects have
been closed, the Land Acquisition Advisory Committee shall report to the County
Commission and revert to a land management oversight function. If funds remain in the
Conservation Collier Acquisition Trust Fund these funds shall then be reviewed for
recommendation of transfer to the Conservation Collier Management Trust Fund and
transferred upon approval of the Board of County Commissioners. Thereafter, unless
and until additional funds are appropriated by the Board for the purpose of acquiring
additional Conservation Collier Program acquisitions, the Land Acquisition Advisory
Committee shall generally meet on a quarterly basis to review and make
recommendations to the Board as warranted regarding the management and programs of
the preserved land.
SECTION NINE EIGHT: Property Eligible for Acquisition and Maintenance.
1. Properties eligible to be considered for acquisition and management under Conservation
Collier shall be only environmentally sensitive lands available from willing and voluntary
participants, with acquisition priority given to those properties located within, but not limited
to, the Urban Area of Collier County.
2. Acquisition of property shall not be constrained based on the immediate availability of
management money.
3. Any environmentally sensitive land not on the acquisition list which is offered for conveyance
or donation to Collier County and is proposed for management by Conservation Collier shall
be evaluated as provided for herein below and may only be accepted and approved for
management by the Board of County Commissioners.
4. Acquisition of property can be in fee or by a conservation easement in a form approved by
the Board. If acquired by a conservation easement, the property will retain those development
rights as negotiated by the parties, including but not limited to agriculture and single-family
development. Additionally, for properties within the Rural Fringe Mixed Use District
(RFMUD) “Sending” lands, if implemented by the Board the parties may negotiate a Transfer
of Development Rights to “Receiving” lands.
5. The Board may sell Conservation Collier lands provided that the proceeds of the sale are put
back into the Conservation Collier Program. The proceeds may only be used for additional
purchases of environmentally sensitive land or for the maintenance of existing Conservation
Collier parcels.
SECTION TEN NINE: Criteria for evaluating lands for acquisition and management.
1. The evaluation of each acquisition proposal shall be based on satisfying at least two three of
the initial screening criteria below. Qualified sites shall then be further prioritized by
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secondary evaluative criteria listed below under Subsection (b). The initial screening criteria
are:
a. Land with the most rare, unique and endangered habitats found in Collier County, order
of preference: tropical hardwood hammocks, xeric oak scrub, coastal strand, native
beach, xeric pine, riverine oak, high marsh (saline), tidal freshwater marsh, other native
habitats.
b. Lands offering the best human social values, including equitable geographic
distribution, appropriate access for natural resource-based recreation, and the
enhancement of the aesthetic setting of Collier County.
c. Land which protects the most water resource values, including aquifer recharge, water
quality, wetland dependent species habitat, and flood control.
d. Land containing the most biological value, including biodiversity, listed species,
habitat, connectivity, restoration potential, and ecological quality.
e. Land which enhances and/or protects the environmental value of current conservation
lands through function as a buffer, ecological link, or habitat corridor.
f. Any qualified land which meets at least two three of the above criteria and has matching
funds available and/or which Conservation Collier funds availability would leverage a
significantly higher funding rank in another acquisition program.
2. Those proposed acquisition proposals which are initially qualified under the screening
criteria shall be evaluated and ranked by the staff and Land Acquisition Advisory Committee
using Secondary Ranking Criteria, based on site visit information which confirms or refutes
the initial screening criteria evaluation, and based on comparative size (to prefer larger or
similar parcels), vulnerability to destruction (to prefer most threatened of qualified parcels),
overall resource ecological quality (to prefer highest quality of similar parcels) and the
estimated feasibility and costs of management (to prefer the most manageable parcels).
3. The Board of County Commissioners hereby shall approve and make a part hereof the
attached initial list of Target Protection Areas within which are located specific sites which
generally satisfy the initial screening criteria and meet the goals of Conservation Collier. The
County Manager, or their designee, will provide the Board of County Commissioners with a
map and list of the target protection mailing areas on an annual basis. Inclusion on this list is
not a guarantee of any specific purchase. All specific proposals will be evaluated and ranked
by staff and the Land Acquisition Advisory Committee for a recommendation of approval to
the Board of County Commissioners.
In accordance with the goals, policies and procedures of this Conservation Collier
Implementation Ordinance, the following list is the first Target Protection Areas adopted by
consideration by the Land Acquisition Advisory Committee, County Manager or their
designee, Staff and the Board of County Commissioners.
a. All designated Urban lands with predominantly native vegetative cover.
b. All Collier County Natural Resource Protection Areas and Sending Lands, as shown
on the Future Land Use Map of the Collier County Growth Management Plan.
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c. All undeveloped lands with predominantly native vegetative cover in the Northern
Golden Gate Estates, as shown on the Future Land Use Map of the Collier County
Growth Management Plan.
d. The Flow-way and Habitat Stewardship Areas as depicted on the Future Land Use Map
of the Collier County Growth Management Plan, except for those areas currently
designated or proposed as Stewardship Sending Areas.
4. The County Manager, or their designee, shall prepare and periodically update for
presentation to the Board of County Commissioners, a Conservation Collier Program
Manual, developed by staff and the Land Acquisition Advisory Committee, which, upon
approval by the Board of County Commissioners, shall be used as a guide for implementing
the provisions of this ordinance, and shall also include the initial and secondary criteria listed
herein above for evaluating Conservation Collier Acquisition Proposals. Commencement of
the acquisition and management program shall be immediate upon approval by the Board of
County Commissioners, passage of the referendum and appointment of the Land Acquisition
Advisory Committee, even if the manual has not been completed.
SECTION ELEVEN TEN: Acquisition List.
The overall Conservation Collier Acquisition List shall consist of Conservation Collier Program
shall generate two specific lists: the Target Protections Areas List and the Active Acquisition List.
The Land Acquisition Advisory Committee and Board of County Commissioners shall approve
both in accordance with the procedures set forth below:
1. The Target Protection Areas List shall consist of lands representing the highest natural
resource values (such as Natural Resource Protection Areas), but generally not specific
parcels, and is initially approved by the Board of County Commissioners and shall be
updated periodically by the Board of County Commissioners and the Land Acquisition
Advisory Committee. It is established and updated in accordance with Conservation Collier
goals, procedures and criteria.
2. The Active Acquisition List shall consist of criteria-qualified sites that have been selected
from Target Protection Areas, as well as qualified acquisition proposals submitted to the
Land Acquisition Advisory Committee by the public, all of which have had applications
submitted by property owners. The Active Acquisition List shall separate proposals into three
(3) categories: A (pursue acquisition); B (hold for re-ranking in the next cycle); and C (no
interest in acquiring). The A-category parcels/projects shall be further categorized as 1 (high
priority), 2 (medium priority), and 3 (low priority), in order to give County staff direction as
to priority for acquisition tasks. The Active Acquisition List shall be updated periodically
according to Conservation Collier procedures and criteria. Site acquisition proposals that
receive the highest evaluations pursuant to the Conservation Collier criterial and for which
acquisition is feasible will be placed on this list, pending recommendation by the Land
Acquisition Advisory Committee and approval by the Board of County Commissioners.
Properties shall be added to the Active Acquisition List after the Initial Criteria Screening
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Report (ICSR) is reviewed by the Land Acquisition Advisory Committee. The Committee
will then recommend the Active Acquisition List to the Board of County Commissioners.
3. Once approved by the Board of County Commissioners, the County shall actively pursue
acquisition of A-category projects on the Active Acquisition List. All sites shall be pursued
on a voluntary "willing participant" basis only, without the use of the County's eminent
domain powers.
4. Projects Property will only be removed from the Active Acquisition List by successful
purchase of the site, approval of the next succeeding list, withdrawal of positive interest by
the property owner, or by resolution of the Board of County Commissioners. Projects
Property removed may still be considered at a later time.
SECTION TWELVE ELEVEN: Nomination of acquisition proposals and candidate sites.
1. Nominations for the Conservation Collier Program may be made by any person or
organization, including Collier County, regional, State or Federal agencies, by contacting
program staff in writing and providing positive identification of the parcel/project through a
map or folio number(s). Staff will send an inquiry to the owner in the form of an interest
letter advising of the nomination and asking if the owner wishes to submit an application for
consideration to the Conservation Collier Program.
2. An owner may nominate his or her own property by submitting an application.
3. County staff will send letters of interest to property owners within Target Protection Areas
as directed by the Land Acquisition Advisory Committee asking if the owner wishes to
submit an application for consideration to the Conservation Collier Program.
4. An application submitted by the property owner to the County Manager, or his their designee,
shall be evidence of a willing seller.
5. While public Public and landowner applications nominating properties for acquisition may
be submitted at any time, during or after the first annual public solicitation meeting
(described below), applications shall be gathered and evaluated within the framework of an
acquisition cycle, which time frame shall be publicly announced evaluated as they are
received.
6. There will be an annual public meeting for the purpose of updating the Board of County
Commissioners and the public for soliciting proposals and applications if the program is in
a buying cycle. The first such meeting will take place at the end of the first year of
implementation of Conservation Collier.
7. Owner interest shall be disclosed in applications in the same manner as required of zoning
applicants by the Collier County Land Development Code.
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SECTION THIRTEEN TWELVE: Procedure for selection of acquisition proposals for
placement on the active acquisition list and subsequent purchase procedures.
1. Acquisition proposals for which applications have been received shall be prescreened using
the initial screening criteria. Those that satisfy two (2) out of six (6) of the Initial Screening
Criteria shall be forwarded to the Land Acquisition Advisory Committee for a vote for a
complete evaluation. Acquisition proposals which do not satisfy three (3) out of six (6) of
the Initial Screening Criteria or which satisfy initial screening criteria but for other reasons
may not fulfill the purposes of Conservation Collier will be reported to the Land Acquisition
Advisory Committee, but will not be evaluated further unless at least five [5] members of
the Land Acquisition Advisory Committee vote for a complete evaluation.
2. Acquisition proposals which do not satisfy the initial screening criteria or which satisfy initial
screening criteria but for other reasons may not fulfill the purposes of Conservation Collier
will be reported to the Land Acquisition Advisory Committee and shall not be evaluated
further unless at least five [5] members of the Land Acquisition Advisory Committee vote
for a complete evaluation. Acquisition proposals which satisfy five (5) out of six (6) of the
Initial Screening Criteria and fulfill the purposes of Conservation Collier will forego the
Land acquisition Advisory Committee and be placed on a Board of County Commissioners
agenda for consideration by the Board to move forward with the acquisition process.
3. Proposals which satisfy three out of six the initial screening criteria will be further evaluated
for presentation to the Land Acquisition Advisory Committee for review and ranking by staff
or a qualified third-party. Evaluation shall include a site visit, which staff shall coordinate
with the property owner, and which may include one advisory committee member, review of
information about the parcel(s) available in the county's electronic databases and research into
any other records retained by the county about the parcel(s). Using both observed and gathered
data staff or a qualified third party shall prepare an Initial Criteria Screening Report (ICSR)
which will include boundary and location maps for each site, descriptions of the biological
and hydrological characteristics, including initial criteria satisfied, a summary of its potential
for appropriate use, development potential of the site and adjacent land, an assessment of the
management needs and costs, the assessed and estimated value, and any potentially available
matching funds.
4. Upon completion of the ICSR, the Land Acquisition Advisory Committee shall hold a public
hearing where staff will present information contained in the ICSR regarding each site, the
applicants' and/or landowners' comments, and comments from the public. A courtesy notice
shall be provided to the owners of properties which are the subject of the hearing, although
failure to notify said owners shall not invalidate these proceedings.
5. After all properties within the current acquisition cycle have been presented, tThe Land
Acquisition Advisory Committee shall evaluate all qualified proposals using criteria, as
documented in the ICSR, along with, public comments, and their own experience and
judgments, and then rank the parcels property according to the A, B and C ranking categories
to create a and place it on the recommended Active Acquisition List at a public hearing.
Additional meetings may be called to complete this task.
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6. The recommended Active Acquisition List shall be forwarded to the Board of County
Commissioners, who, in a public meeting, shall vote on whether to approve all or part of the
proposed Active Acquisition List. Properties may be added but any additional properties must
be subjected to the entire evaluation process.
7. County Staff shall notify property owners and the public of the final approved Active
Acquisition List.
8. After approval of the Active Acquisition List, Real Property Management Estate Services
staff will arrange for appraisals for A-category parcels/projects and when appraisals are
received make an offer to the owner(s) pursuant to the approved Conservation Collier Land
Acquisition Purchase Policy (Resolution No. 2003-195, or as superseded). Parcels located
within the Rural Fringe Mixed Use District "Sending" lands are subject to additional
requirements regarding Transfer of Development Rights (TDR) credits, as specified in the
Conservation Collier Land Acquisition Purchase Policy, Resolution 2003-195, or as
superseded. Once an offer is accepted, Real Estate Services staff will prepare a contract and
request the owner sign. This signed contract will be presented to the Board of County
Commissioners at a public hearing for the Board’s review and consideration.Land
Acquisition Advisory Committee at a public meeting to decide, by majority vote, whether to
recommend approval of the contract to the Board of County Commissioners. Along with the
contract, staff will provide a Project Design Report for each parcel/project, including cost,
history, purpose of project, and program qualifications.
9. After obtaining a recommendation from the Land Acquisition Advisory Committee, the
contract, Project Design Report and Land Acquisition Advisory Committee recommendation
will be presented to the Board of County Commissioners at a public hearing for their review
and approval.
10 9. The Board of County Commissioners shall have final approval authority of the contract
terms for each proposed project and shall authorize any and all purchases.
11 10. Once a contract has been approved and executive by the Board of County Commissioners
in accordance with County policies, Real Property Management Estate Services shall proceed
to close on the purchase of property in accordance with County policies.
SECTION FOURTEEN THIRTEEN: Management Plans and Use of Environmentally
Sensitive Lands.
1. No later than ninety (90) days six months from the date of acquisition, an interim management
plan for any property acquired shall be submitted by County staff to the Land Acquisition
Advisory Committee for approval. Upon approval, the plan shall be submitted to the Board
of County Commissioners for final approval and shall be implemented by the County
Manager, or their designee, pursuant to the Board's direction. Any such interim management
plan(s) shall not be implemented for more than two (2) years after acquisition of the property,
prior to the expiration of two (2) years, either a new management plan shall be implemented,
or, by affirmative action of the Board, the interim plan shall continue.
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2. A final management plan, with required review and updating every ten years, shall be
prepared, with review and input of the Land Acquisition Advisory Committee, for each
property acquired by Conservation Collier which shall:
a. Identify such management activities as are necessary to preserve, enhance, restore,
conserve, maintain, or monitor the resource, as appropriate; and
b. Identify such uses as are consistent with the preservation, enhancement, restoration,
conservation, and maintenance of the resource; and
c. Estimate the annual costs of managing the project.
3. Annually, the ten-year management plans prepared during the preceding year shall be
submitted to the Board of County Commissioners for its approval. Each ten-year
management plan shall be updated at least every five (5) years from the last date of Board
approval, and may be amended as often as required. Management plan updates and
amendments shall be reviewed by the Land Acquisition Advisory Committee for their input
and recommendations and then submitted to the Board of County Commissioners for
approval.
4. All management plans shall be consistent with the purposes set forth herein. All properties
acquired or managed through Conservation Collier shall be managed in accordance with the
approved management plan for that property.
5. No use, infrastructure, or improvement shall be permitted on any property acquired or
managed under Conservation Collier that is inconsistent with the purposes of the program or
that is not provided by an approved management plan for the property.
6. The County will seek cooperative management arrangements with other agencies and entities,
in keeping with the approved management plan for the property.
7. Purchasing land using Conservation Collier program funds permanently extinguishes all
development rights except those strictly compatible with the purposes and goals of
Conservation Collier, unless such lands are exchanged for similar lands within and between
multi-parcel projects that have been previously recommended by the Conservation Collier
Land Acquisition Advisory Committee and approved by the Board of County
Commissioners in accordance with the goals and purposes of the Program. In case of these
land exchanges, development rights are restored to those properties exchanged out of County
ownership.
8. Public access is an important element of management and this Program. Examples of
permitted uses, subject to compatibility with specific parcels, include: hiking, nature
photography, bird watching, kayaking, canoeing, swimming, hunting, and fishing. The
program will also make the acquired sites available, with minimal risk to the environmental
integrity of the site, to educate Collier County’s school-age population and the general public
about the uniqueness and importance of Collier County’s subtropical ecosystems and natural
communities.
SECTION FIFTEEN FOURTEEN: Responsibilities of the County Manager.
The County Manager shall facilitate such activities, designate such staff, and assign such
responsibilities as are necessary to fulfill the purposes of this Ordinance.
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SECTION SIXTEEN FIFTEEN: Sunset of the Conservation Collier ad valorem tax.
1. The Conservation Collier special tax revenue will sunset in fiscal year 2031, after ten (10)
years, unless reauthorized through a similar voter referendum approval.
2. The Management Trust Fund continues in perpetuity, as long as Conservation Collier lands
remain in County hands.
SECTION SEVENTEEN SIXTEEN: 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.
SECTION EIGHTEEN SEVENTEEN: 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 NINETEEN EIGHTEEN: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ____day of _____________, 2024.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
By: By: _________________________________
, Deputy Clerk Chris Hall, Chairman
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Approved as to form and legality:
___________________________
Jeffrey A. Klatzkow
County Attorney
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ORDINANCE NO. 2024 - ____ 1
AN ORDINANCE AMENDING ORDINANCE NO. 2002-63, AS AMENDED, 2
WHICH ESTABLISHED THE CONSERVATION COLLIER PROGRAM, 3
BY AMENDING SECTION 6, CREATION OF THE CONSERVATION 4
COLLIER ACQUISITION TRUST FUND, SECTION 7: CREATION OF 5
THE CONSERVATION COLLIER MANAGEMENT TRUST FUND; 6
SECTION 9: PROPERTY ELIGIBLE FOR ACQUISITION AND 7
MANAGEMENT; SECTION 10: CRITERIA FOR EVALUATING LANDS 8
FOR ACQUISITION AND MANAGEMENT; SECTION 11: ACQUISITION 9
LIST; SECTION 12: NOMINATION FOR ACQUISITION PROPOSALS 10
AND CANDIDATE SITES; SECTION 13: PROCEDURE FOR SELECTION 11
OF ACQUISITION PROPOSALS FOR PLACEMENT ON THE ACTIVE 12
ACQUISITION LIST AND SUBSEQUENT PURCHASE PROCEDURES; 13
SECTION 14: MANAGEMENT PLANS AND USE OF 14
ENVIRONMENTALLY SENSITIVE LANDS; AND SECTION 16: SUNSET 15
OF THE CONSERVATION COLLIER AD VALOREM TAX; PROVIDING 16
FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION 17
IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR 18
AN EFFECTIVE DATE. 19
20
WHEREAS, On December 3, 2002, the Board of County Commissioners (“Board”) 21
adopted Ordinance No. 2002-63, establishing the Conservation Collier Program, which Ordinance 22
has been amended from time to time; and 23
WHEREAS, the Board desires to further amend Ordinance 2002-63, as provided herein. 24
25
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 26
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Ordinance No. 2002-63, as 27
amended, is hereby further amended as follows: 28
29
SECTION ONE: Name. 30
31
This ordinance shall be known as Conservation Collier Implementation Ordinance. 32
33
SECTION TWO: Objectives. 34
35
Conservation Collier is therefore hereby established to acquire, preserve, restore, and 36
maintain vital and significant threatened natural lands, forest, upland and wetland communities 37
located in Collier County, for the benefit of present and future generations. 38
39
40
41
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SECTION THREE: Findings. 42
43
1. The foregoing recitals are true and correct and incorporated herein by reference. 44
2. All ad valorem funds generated hereby shall be collected by the Collier County Tax 45
Collector. 46
3. The County Manager, or his or her designee, shall administer this program in accordance 47
with the procedures and criteria provided for herein. 48
49
SECTION FOUR: Purpose and Intent. 50
51
1. To acquire, protect and manage environmentally sensitive lands that contain natural upland 52
or wetland communities, native plant communities, rare and endangered flora and fauna, 53
endemic species, endangered species habitat, a diversity of species, significant water 54
resources, or outstanding aesthetic or other natural features, maximizing protection of 55
Collier County's rarest, most unique and endangered habitats; 56
2. To acquire, protect and manage environmentally sensitive lands that offer the best human 57
social value, including equitable geographic distribution, natural resource-based 58
recreation, and protection of water resources, local ecological awareness, and enhancement 59
of the aesthetic setting of Collier County; 60
3. To acquire, protect and manage environmentally sensitive lands that serve to recharge the 61
County's aquifers and protect its wetlands and surface water resources to ensure the 62
delivery of clean and plentiful water supplies and provide flood control; 63
4. To acquire, protect and manage environmentally sensitive lands containing the most 64
biological value, including biodiversity, listed species habitat, connectivity, restoration 65
potential, and ecological quality; 66
5. To protect present conservation lands by acquiring, protecting and managing adjacent 67
properties which, if not acquired, would threaten the environmental integrity of the existing 68
resource, or which, if acquired, would enhance and buffer the environmental integrity of 69
the resource, and add to resource connectivity; 70
6. To restore the natural functions, as necessary, to any impacted and vulnerable habitats 71
which would then contribute significantly to fulfilling this program's goals; 72
7. To help implement the objectives and policies of the Collier County Growth Management 73
Plan which have been promulgated to preserve and protect environmental protection areas 74
designated in the Plan and other natural forest resources, wetlands, endangered species 75
habitat, and vulnerable rare habitats; 76
8. Upon recommendation by staff or the Board, to utilize a qualified third-party entity to 77
identify Collier County's best and most endangered environmental lands for acquisition, 78
protection and management by evaluating the biological and hydrological characteristics 79
and viability of the resource, the vulnerability of the resource to degradation or destruction, 80
and the feasibility of managing the resource to maintain its natural attributes; 81
9. To manage acquired environmentally sensitive lands with the primary objectives of 82
maintaining and preserving their natural resource values, and providing appropriate natural 83
resource-based recreational and educational opportunities, by employing management 84
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techniques that are most appropriate for each native community so that our natural heritage 85
may be preserved and appreciated by and for present and future generations; 86
10. To have the acquired sites available, with minimal risk to the environmental integrity of 87
the site, to educate Collier County's school-age population and the general public about the 88
uniqueness and importance of Collier County's subtropical ecosystems and natural 89
communities; 90
11. To protect natural resources which lie within the boundaries of other conservation land 91
acquisition programs, where Conservation Collier funds would leverage significant other 92
matching sources of funding for other agency acquisition projects that would not be 93
available without such a local match, or which would result in considerably higher funding 94
rank in another program, however, Collier County shall exclude Municipalities within the 95
County from any requirement to provide matching funds; and, 96
12. To cooperate actively with other acquisition, conservation, and resource management 97
programs that operate within the County's Area, including, but not limited to, such 98
programs as the State of Florida, the Land Acquisition Trust Fund, Florida Forever, Florida 99
Communities Trust, and Save Our Rivers program, where the purposes of such programs 100
are consistent with the purposes of Conservation Collier as stated hereinabove. 101
102
SECTION FIVE: Definitions. 103
104
The following words and phrases, when used in this article, shall have the meanings ascribed 105
to them in this section: 106
Acquisition project shall mean (a) parcel(s) of land approved by the Board of County 107
Commissioners for conservation by the county in accordance with procedures provided for herein. 108
Acquisition proposal shall mean (a) parcel(s) of land which has/have been nominated or 109
recommended for conservation in accordance with the procedures provided for herein. 110
Authorized Purpose means expenditures authorized herein. 111
Buffer land shall mean that land which is adjacent to publicly-owned environmental land, or 112
privately held land permanently dedicated to conservation, or that land which is an in-holding 113
within publicly-owned environmental land, and which, if not acquired, would threaten the 114
environmental integrity of the existing resource, or if acquired, would enhance the environmental 115
integrity and connectivity of the resource. 116
Environmentally sensitive land shall mean that land which contains natural upland or wetland 117
communities, native plant communities, rare and endangered flora and fauna, endemic species, 118
endangered species habitat, a diversity of species, significant water resources, or outstanding 119
aesthetic or other natural features. 120
Management shall mean the preservation, enhancement, restoration, conservation, 121
monitoring, or maintenance of the natural resource values of environmentally sensitive lands 122
which have been acquired or approved for management under Conservation Collier, including 123
provision of appropriate public access. 124
Natural resource-based recreation shall mean all forms of uses which are consistent with the 125
goals of this program, and are compatible with the specific parcel. Such uses shall include, but not 126
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be limited to, hiking, nature photography, bird-watching, kayaking, canoeing, swimming, hunting 127
and fishing. 128
Non-profit organization shall mean an organization as defined in section 501 of the United 129
States Internal Revenue Code, operating in Collier County, which includes among its primary 130
goals the conservation of natural resources and the protection of the environment. 131
Target Protection Areas shall mean larger areas of environmentally sensitive land within 132
which are located specific sites which generally satisfy the initial screening criteria and meet the 133
goals of Conservation Collier. 134
Urban Area shall mean those areas designated as Urban on the Collier County Future Land 135
Use Map. 136
137
SECTION SIX: Creation of the Conservation Collier Acquisition Trust Fund. 138
Funding of the Conservation Collier Program. 139
140
Collier County shall establish the Conservation Collier Acquisition Trust Fund for use in 141
acquiring environmentally sensitive lands in Collier County. This fund shall receive and disburse 142
monies in accordance with the provisions herein. 143
Collier County has established and will maintain (1) the Conservation Collier Acquisition 144
Trust Fund for use in acquiring environmentally sensitive lands in Collier County, and (2) the 145
Conservation Collier Management Trust Fund for the preservation, enhancement, restoration, 146
conservation and maintenance of environmentally sensitive lands that either have been purchased 147
with monies from the Lands Acquisition Trust Fund, or have otherwise been approved for 148
management. Each year through Fiscal Year 2031, the Board will set the millage rate for the 149
Conservation Collier Program, which may not exceed .25 mills, and set the percentage of revenues 150
each Fund will receive for that fiscal year. At the direction of the Board, funds may be transferred 151
between the two funds, or used for any other County purpose, if found to be in the best interest of 152
the public by majority vote of the Board of County Commissioners. 153
154
1. The Conservation Collier Acquisition Trust Funds shall receive monies from the following 155
sources: 156
157
a. All monies accepted by Collier County in the form of federal, State, or other 158
governmental grants, reimbursements, allocations, or appropriations, foundation or 159
private grants, donations for acquisition of environmentally sensitive lands and 160
payments provided for mitigation activity associated with such acquisition activity. 161
b. Such additional allocations as may be made by the Board of County Commissioners 162
from time to time for the purposes set forth herein. 163
c. All interest generated from the sources identified herein except where monies received 164
have been otherwise designated or restricted. 165
d. Supplementation from the Conservation Collier Management Trust Fund, but only with 166
the approval of the Collier County Board of County Commissioners. 167
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e. Up to Seventy-five percent (75%) of all revenues collected for Conservation Collier. 168
This percentage shall be reviewed annually by the Board. 169
d. Revenues generated by the annual millage set for Conservation Collier by the Board, 170
not to exceed .25 mills. 171
e. The proceeds of any property acquired with funds from the Conservation Collier 172
Acquisition Trust Fund that is leased or sold by the County, said proceeds, as 173
determined by the Board of County Commissioners, to be committed either to the 174
Conservation Collier Acquisition Trust Fund or to the Conservation Collier 175
Management Trust Fund for the purposes provided for herein. Any such sale or lease 176
shall only be in accordance with the goals of this Program. 177
f. Prior to acquiring land located within a Municipality’s boundaries, approval must first 178
be obtained from the governing body of that Municipality. 179
180
2. The two Conservation Collier Acquisition Trust Funds shall be maintained in a separate 181
and segregated trust fund of the County to be used solely for the authorized purposes set 182
forth herein, and for any other County purpose deemed to be in the best interest of the 183
public by majority vote of the Board of County Commissioners. 184
185
3. Disbursements from the Conservation Collier Acquisition Trust Fund shall be made only 186
for the following authorized purposes: 187
188
a. Acquisition of properties which have been approved for purchase by the Board of 189
County Commissioners. 190
b. Costs associated with each acquisition including, but not limited to, appraisals, surveys, 191
environmental reports, title commitments and insurance policies, real property taxes, 192
documentary stamps and surtax fees, and other transaction costs. 193
c. Costs of administering Conservation Collier, including any loans from the General 194
Fund for funding start-up costs until such time as the fund is closed. Administration of 195
the program may be conducted by County staff or by contract with a private or not for 196
profit entity subject to meeting all County and Conservation Collier purchasing 197
policies. Administrative costs shall be limited to the greatest extent possible. 198
d. Costs to acquire and dispose of real and personal property or any interest therein when 199
necessary or appropriate to protect the natural environment, provide public access or 200
public recreational facilities, preserve wildlife habitat areas or provide access to 201
management of acquired lands; to acquire interests in land by means of land exchanges; 202
and to enter into alternatives to the acquisition of fee interests in land, including, the 203
acquisition of easements, life estates, leases, and leaseback arrangements. 204
e. Acquisitions consistent with Collier County Land Development Code and the Growth 205
Management Plan. 206
f. To cooperate with other local, regional, state, or federal public land acquisition 207
programs. In such cases, the County may enter into contractual or other agreements to 208
acquire lands jointly or for eventual resale to other public land acquisition programs in 209
Collier County. 210
g. All lands acquired and titled solely in the name of Collier County shall be managed by 211
Collier County, wherever located, unless by mutual written agreement management 212
arrangements and responsibilities are undertaken with other local, regional, state, or 213
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federal agencies. All lands jointly acquired with other local, regional, state, or federal 214
agencies, including Municipalities, shall include, as part of the acquisition process, 215
some mutual written agreement regarding the responsibilities of the joint owners for 216
maintenance. 217
h. To borrow money through the issuance of bonds for the purposes provided herein, to 218
provide for and secure the payment thereof, and to provide for the rights of the holders 219
thereof. 220
i. To invest any funds held in reserves or sinking funds, or any funds not required for 221
immediate disbursement, in such investments as may be authorized for trust funds 222
under Florida Statutes, Section 215.47 as amended. 223
j. To insure and procure insurance against any loss in connection with any of the trust’s 224
operations, including without limitation: 225
1. The repayment of any loans to mortgage lenders or mortgage loans; 226
2. Any project; 227
3. Any bonds of the County; 228
Insurance may be procured in such amounts and from such insurers, including the 229
Federal Government, as may be deemed necessary or desirable by Collier County. 230
k. To engage the services of private consultants on a contract basis for rendering 231
professional and technical assistance and advice. 232
l. To identify parcels of land that would be appropriate acquisitions. 233
m. To do any and all things necessary or convenient to carry out the purposes of, and 234
exercise the powers given and granted herein to the full extent of the law. 235
n. Funds may be transferred out of the Conservation Collier Acquisition Trust Fund for 236
any other County purpose if found to be in the best interest of the public by majority 237
vote of the Board of County Commissioners. 238
239
SECTION SEVEN: Creation of the Conservation Collier Management Trust Fund. 240
241
There is hereby created the Conservation Collier Management Trust Fund (hereinafter 242
referred to as the Conservation Collier Management Trust Fund) for the preservation, 243
enhancement, restoration, conservation and maintenance of environmentally sensitive lands that 244
either have been purchased with monies from the Lands Acquisition Trust Fund, or have otherwise 245
been approved for management. The Finance Director is hereby authorized to establish the 246
Conservation Collier Management Trust Fund and to receive and disburse monies in accordance 247
with the provisions of this section. 248
1. The Conservation Collier Management Trust Fund shall be maintained in a separate and 249
segregated trust fund of the County to be used solely for the authorized purposes set forth herein 250
and for any other County purpose deemed to be in the best interest of the public by majority vote 251
of the Board of County Commissioners. 252
253
2. The Conservation Collier Management Trust Fund shall receive monies from the following 254
sources: 255
256
a. Revenues collected for Conservation Collier in an amount no less than 25% percent of 257
the total collected in any one year. 258
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b. All monies accepted by Collier County in the form of federal, State, or other 259
governmental grants, allocations, or appropriations, as well as foundation or private 260
grants and donations, for management of lands acquired with the Conservation Collier 261
Acquisition Trust Fund or otherwise approved for management. 262
c. Additional allocations as may be made by the Board of County Commissioners as 263
necessary from time to time for purposes strictly consistent with the goals and purposes 264
of Conservation Collier. 265
d. All interest generated from the sources identified herein, except where monies received 266
have been otherwise designated or restricted. 267
e. Supplementation from the Conservation Collier Acquisition Trust Fund, but only with 268
the approval of the Collier County Board of County Commissioners. 269
270
34. Disbursements from the Conservation Collier Management Trust Fund shall be made by the 271
County Manager or his or her designee to manage Conservation Collier properties only in 272
accordance for the authorized purposes set forth herein and as approved by the Board of County 273
Commissioners. 274
275
45. Funds may be transferred out of the Conservation Collier Management Trust Fund for any 276
other County purpose if found to be in the best interest of the public by majority vote of the Board 277
of County Commissioners. 278
279
SECTION EIGHT SEVEN: Land Acquisition Advisory Committee. 280
1. Creation and Purpose: The Land Acquisition Advisory Committee is hereby established to 281
assist the Board of County Commissioners in establishing an Active Properties Acquisition 282
List with qualified purchase recommendations consistent with the goals of Conservation 283
Collier. When active acquisition phases are not in place, the Land Acquisition Committee's 284
role shall be to review and make recommendations to the Board on the management and 285
programs of the preserved land. 286
2. Appointment and Composition: The Land Acquisition Advisory Committee shall be 287
composed of nine (9) members who are appointed by and will serve at the pleasure of the 288
Board of County Commissioners in accordance with Ordinance No. 2001-55, as amended. 289
Membership of the Land Acquisition Advisory Committee shall comprise broad and balanced 290
representation of the interests of Collier County citizens, including: 291
a. Environmental, land management and conservation interests in Collier County; 292
b. Agricultural and business interests in Collier County; 293
c. Educational interests in Collier County; and 294
d. General civic and citizen interests from throughout the county. 295
Individual members of the Land Acquisition Advisory Committee shall have expertise, 296
knowledge or interest in ecology, conservation of natural resources, real estate or land 297
acquisition, land appraisal, land management, eco-tourism or environmental education. A 298
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nominee shall submit to the Board of County Commissioners written evidence of his or her 299
expertise, knowledge or interest in any of the above. The members of this committee should 300
include representatives from different areas of Collier County. 301
3. Terms of Office: The initial terms of office of the members shall be staggered between the 302
individual interests, for balance purposes, and be set as follows: 303
a. Three (3) members shall serve three (3) years. 304
b. Three (3) members shall serve two (2) years. 305
c. Three (3) members shall serve one (1) year. 306
Thereafter, all appointments shall be for a term of three (3) years. The process for 307
appointments and terms of office shall be governed by Collier County Ordinance No. 2001-308
55, as amended. 309
4. Officers, Quorum and Rules of Procedure: At its earliest opportunity, the membership of the 310
Committee shall elect a chairperson and vice chairperson from among the members. Officers' 311
terms shall be for a period of one (1) year, with eligibility for reelection. 312
The presence of five (5) or more members shall constitute a quorum of the Committee 313
necessary to take action and transact business, unless active acquisition phases are not in 314
place in which case four (4) or more members shall constitute a quorum. The Committee 315
shall, by majority vote of the entire membership, adopt rules of procedure for the transaction 316
of business. The Land Acquisition Advisory Committee shall comply with the applicable 317
requirements of the Florida Sunshine Law, and shall keep a written record of meetings, 318
resolutions, findings and determinations in accordance with F.S. ch. 112. Copies of all 319
Committee minutes, resolutions, reports, and exhibits shall be submitted to the Board of 320
County Commissioners. 321
5. Attendance and Vacancies: Committee member attendance requirements, including failure to 322
attend meetings and member removal from office are governed by Collier County Ordinance 323
No. 2001-55, as amended. 324
6. Functions, Powers and Duties of the Land Acquisition Advisory Committee: The Land 325
Acquisition Advisory Committee shall have the following duties and responsibilities: 326
a. The Land Acquisition Advisory Committee's primary responsibility is to recommend to 327
the Board of County Commissioners an Active Properties Acquisition List with qualified 328
purchase recommendations consistent with the goals of Conservation Collier and 329
pursuant to the policies outlined herein below. 330
b. The Land Acquisition Advisory Committee may, from time to time, recommend to the 331
Board of County Commissioners proposed expenditures from the Conservation Collier 332
Trust Funds; additional selection or acquisition policies, procedures, and programs; and 333
other such matters as may be necessary to fulfill the purposes of Conservation Collier. 334
However, the goals and primary criteria of Conservation Collier may not be modified 335
except by countywide referendum vote. 336
c. The Land Acquisition Advisory Committee shall have no power or authority to commit 337
Collier County to any policies, to incur any financial obligations or to create any liability 338
on the part of the County. The actions and recommendations of the Land Acquisition 339
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Advisory Committee are advisory only and shall not be binding upon the County unless 340
approved or adopted by the Board of County Commissioners. 341
d. At such time as there are insufficient uncommitted funds in the Conservation Collier 342
Acquisition Trust Fund to conclude another acquisition and all acquisition projects have 343
been closed, the Land Acquisition Advisory Committee shall report to the County 344
Commission and revert to a land management oversight function. If funds remain in the 345
Conservation Collier Acquisition Trust Fund these funds shall then be reviewed for 346
recommendation of transfer to the Conservation Collier Management Trust Fund and 347
transferred upon approval of the Board of County Commissioners. Thereafter, unless 348
and until additional funds are appropriated by the Board for the purpose of acquiring 349
additional Conservation Collier Program acquisitions, the Land Acquisition Advisory 350
Committee shall generally meet on a quarterly basis to review and make 351
recommendations to the Board as warranted regarding the management and programs of 352
the preserved land. 353
354
SECTION NINE EIGHT: Property Eligible for Acquisition and Maintenance. 355
356
1. Properties eligible to be considered for acquisition and management under Conservation 357
Collier shall be only environmentally sensitive lands available from willing and voluntary 358
participants, with acquisition priority given to those properties located within, but not limited 359
to, the Urban Area of Collier County. 360
2. Acquisition of property shall not be constrained based on the immediate availability of 361
management money. 362
3. Any environmentally sensitive land not on the acquisition list which is offered for conveyance 363
or donation to Collier County and is proposed for management by Conservation Collier shall 364
be evaluated as provided for herein below and may only be accepted and approved for 365
management by the Board of County Commissioners. 366
4. Acquisition of property can be in fee or by a conservation easement in a form approved by 367
the Board. If acquired by a conservation easement, the property will retain those development 368
rights as negotiated by the parties, including but not limited to agriculture and single-family 369
development. Additionally, for properties within the Rural Fringe Mixed Use District 370
(RFMUD) “Sending” lands, if implemented by the Board the parties may negotiate a Transfer 371
of Development Rights to “Receiving” lands. 372
373
5. The Board may sell Conservation Collier lands provided that the proceeds of the sale are put 374
back into the Conservation Collier Program. The proceeds may only be used for additional 375
purchases of environmentally sensitive land or for the maintenance of existing Conservation 376
Collier parcels. 377
378
SECTION TEN NINE: Criteria for evaluating lands for acquisition and management. 379
1. The evaluation of each acquisition proposal shall be based on satisfying at least two three of 380
the initial screening criteria below. Qualified sites shall then be further prioritized by 381
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secondary evaluative criteria listed below under Subsection (b). The initial screening criteria 382
are: 383
a. Land with the most rare, unique and endangered habitats found in Collier County, order 384
of preference: tropical hardwood hammocks, xeric oak scrub, coastal strand, native 385
beach, xeric pine, riverine oak, high marsh (saline), tidal freshwater marsh, other native 386
habitats. 387
b. Lands offering the best human social values, including equitable geographic 388
distribution, appropriate access for natural resource-based recreation, and the 389
enhancement of the aesthetic setting of Collier County. 390
c. Land which protects the most water resource values, including aquifer recharge, water 391
quality, wetland dependent species habitat, and flood control. 392
d. Land containing the most biological value, including biodiversity, listed species, 393
habitat, connectivity, restoration potential, and ecological quality. 394
e. Land which enhances and/or protects the environmental value of current conservation 395
lands through function as a buffer, ecological link, or habitat corridor. 396
f. Any qualified land which meets at least two three of the above criteria and has matching 397
funds available and/or which Conservation Collier funds availability would leverage a 398
significantly higher funding rank in another acquisition program. 399
2. Those proposed acquisition proposals which are initially qualified under the screening 400
criteria shall be evaluated and ranked by the staff and Land Acquisition Advisory Committee 401
using Secondary Ranking Criteria, based on site visit information which confirms or refutes 402
the initial screening criteria evaluation, and based on comparative size (to prefer larger or 403
similar parcels), vulnerability to destruction (to prefer most threatened of qualified parcels), 404
overall resource ecological quality (to prefer highest quality of similar parcels) and the 405
estimated feasibility and costs of management (to prefer the most manageable parcels). 406
3. The Board of County Commissioners hereby shall approve and make a part hereof the 407
attached initial list of Target Protection Areas within which are located specific sites which 408
generally satisfy the initial screening criteria and meet the goals of Conservation Collier. The 409
County Manager, or their designee, will provide the Board of County Commissioners with a 410
map and list of the target protection mailing areas on an annual basis. Inclusion on this list is 411
not a guarantee of any specific purchase. All specific proposals will be evaluated and ranked 412
by staff and the Land Acquisition Advisory Committee for a recommendation of approval to 413
the Board of County Commissioners. 414
415
In accordance with the goals, policies and procedures of this Conservation Collier 416
Implementation Ordinance, the following list is the first Target Protection Areas adopted by 417
consideration by the Land Acquisition Advisory Committee, County Manager or their 418
designee, Staff and the Board of County Commissioners. 419
a. All designated Urban lands with predominantly native vegetative cover. 420
b. All Collier County Natural Resource Protection Areas and Sending Lands, as shown 421
on the Future Land Use Map of the Collier County Growth Management Plan. 422
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c. All undeveloped lands with predominantly native vegetative cover in the Northern 423
Golden Gate Estates, as shown on the Future Land Use Map of the Collier County 424
Growth Management Plan. 425
d. The Flow-way and Habitat Stewardship Areas as depicted on the Future Land Use Map 426
of the Collier County Growth Management Plan, except for those areas currently 427
designated or proposed as Stewardship Sending Areas. 428
4. The County Manager, or their designee, shall prepare and periodically update for 429
presentation to the Board of County Commissioners, a Conservation Collier Program 430
Manual, developed by staff and the Land Acquisition Advisory Committee, which, upon 431
approval by the Board of County Commissioners, shall be used as a guide for implementing 432
the provisions of this ordinance, and shall also include the initial and secondary criteria listed 433
herein above for evaluating Conservation Collier Acquisition Proposals. Commencement of 434
the acquisition and management program shall be immediate upon approval by the Board of 435
County Commissioners, passage of the referendum and appointment of the Land Acquisition 436
Advisory Committee, even if the manual has not been completed. 437
438
SECTION ELEVEN TEN: Acquisition List. 439
440
The overall Conservation Collier Acquisition List shall consist of Conservation Collier Program 441
shall generate two specific lists: the Target Protections Areas List and the Active Acquisition List. 442
The Land Acquisition Advisory Committee and Board of County Commissioners shall approve 443
both in accordance with the procedures set forth below: 444
445
1. The Target Protection Areas List shall consist of lands representing the highest natural 446
resource values (such as Natural Resource Protection Areas), but generally not specific 447
parcels, and is initially approved by the Board of County Commissioners and shall be 448
updated periodically by the Board of County Commissioners and the Land Acquisition 449
Advisory Committee. It is established and updated in accordance with Conservation Collier 450
goals, procedures and criteria. 451
2. The Active Acquisition List shall consist of criteria-qualified sites that have been selected 452
from Target Protection Areas, as well as qualified acquisition proposals submitted to the 453
Land Acquisition Advisory Committee by the public, all of which have had applications 454
submitted by property owners. The Active Acquisition List shall separate proposals into three 455
(3) categories: A (pursue acquisition); B (hold for re-ranking in the next cycle); and C (no 456
interest in acquiring). The A-category parcels/projects shall be further categorized as 1 (high 457
priority), 2 (medium priority), and 3 (low priority), in order to give County staff direction as 458
to priority for acquisition tasks. The Active Acquisition List shall be updated periodically 459
according to Conservation Collier procedures and criteria. Site acquisition proposals that 460
receive the highest evaluations pursuant to the Conservation Collier criterial and for which 461
acquisition is feasible will be placed on this list, pending recommendation by the Land 462
Acquisition Advisory Committee and approval by the Board of County Commissioners. 463
Properties shall be added to the Active Acquisition List after the Initial Criteria Screening 464
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Report (ICSR) is reviewed by the Land Acquisition Advisory Committee. The Committee 465
will then recommend the Active Acquisition List to the Board of County Commissioners. 466
3. Once approved by the Board of County Commissioners, the County shall actively pursue 467
acquisition of A-category projects on the Active Acquisition List. All sites shall be pursued 468
on a voluntary "willing participant" basis only, without the use of the County's eminent 469
domain powers. 470
4. Projects Property will only be removed from the Active Acquisition List by successful 471
purchase of the site, approval of the next succeeding list, withdrawal of positive interest by 472
the property owner, or by resolution of the Board of County Commissioners. Projects 473
Property removed may still be considered at a later time. 474
475
SECTION TWELVE ELEVEN: Nomination of acquisition proposals and candidate sites. 476
1. Nominations for the Conservation Collier Program may be made by any person or 477
organization, including Collier County, regional, State or Federal agencies, by contacting 478
program staff in writing and providing positive identification of the parcel/project through a 479
map or folio number(s). Staff will send an inquiry to the owner in the form of an interest 480
letter advising of the nomination and asking if the owner wishes to submit an application for 481
consideration to the Conservation Collier Program. 482
2. An owner may nominate his or her own property by submitting an application. 483
3. County staff will send letters of interest to property owners within Target Protection Areas 484
as directed by the Land Acquisition Advisory Committee asking if the owner wishes to 485
submit an application for consideration to the Conservation Collier Program. 486
4. An application submitted by the property owner to the County Manager, or his their designee, 487
shall be evidence of a willing seller. 488
5. While public Public and landowner applications nominating properties for acquisition may 489
be submitted at any time, during or after the first annual public solicitation meeting 490
(described below), applications shall be gathered and evaluated within the framework of an 491
acquisition cycle, which time frame shall be publicly announced evaluated as they are 492
received. 493
6. There will be an annual public meeting for the purpose of updating the Board of County 494
Commissioners and the public for soliciting proposals and applications if the program is in 495
a buying cycle. The first such meeting will take place at the end of the first year of 496
implementation of Conservation Collier. 497
7. Owner interest shall be disclosed in applications in the same manner as required of zoning 498
applicants by the Collier County Land Development Code. 499
500
501
502
503
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SECTION THIRTEEN TWELVE: Procedure for selection of acquisition proposals for 504
placement on the active acquisition list and subsequent purchase procedures. 505
506
1. Acquisition proposals for which applications have been received shall be prescreened using 507
the initial screening criteria. Those that satisfy two (2) out of six (6) of the Initial Screening 508
Criteria shall be forwarded to the Land Acquisition Advisory Committee for a vote for a 509
complete evaluation. Acquisition proposals which do not satisfy three (3) out of six (6) of 510
the Initial Screening Criteria or which satisfy initial screening criteria but for other reasons 511
may not fulfill the purposes of Conservation Collier will be reported to the Land Acquisition 512
Advisory Committee, but will not be evaluated further unless at least five [5] members of 513
the Land Acquisition Advisory Committee vote for a complete evaluation. 514
515
2. Acquisition proposals which do not satisfy the initial screening criteria or which satisfy initial 516
screening criteria but for other reasons may not fulfill the purposes of Conservation Collier 517
will be reported to the Land Acquisition Advisory Committee and shall not be evaluated 518
further unless at least five [5] members of the Land Acquisition Advisory Committee vote 519
for a complete evaluation. Acquisition proposals which satisfy five (5) out of six (6) of the 520
Initial Screening Criteria and fulfill the purposes of Conservation Collier will forego the 521
Land acquisition Advisory Committee and be placed on a Board of County Commissioners 522
agenda for consideration by the Board to move forward with the acquisition process. 523
524
3. Proposals which satisfy three out of six the initial screening criteria will be further evaluated 525
for presentation to the Land Acquisition Advisory Committee for review and ranking by staff 526
or a qualified third-party. Evaluation shall include a site visit, which staff shall coordinate 527
with the property owner, and which may include one advisory committee member, review of 528
information about the parcel(s) available in the county's electronic databases and research into 529
any other records retained by the county about the parcel(s). Using both observed and gathered 530
data staff or a qualified third party shall prepare an Initial Criteria Screening Report (ICSR) 531
which will include boundary and location maps for each site, descriptions of the biological 532
and hydrological characteristics, including initial criteria satisfied, a summary of its potential 533
for appropriate use, development potential of the site and adjacent land, an assessment of the 534
management needs and costs, the assessed and estimated value, and any potentially available 535
matching funds. 536
537
4. Upon completion of the ICSR, the Land Acquisition Advisory Committee shall hold a public 538
hearing where staff will present information contained in the ICSR regarding each site, the 539
applicants' and/or landowners' comments, and comments from the public. A courtesy notice 540
shall be provided to the owners of properties which are the subject of the hearing, although 541
failure to notify said owners shall not invalidate these proceedings. 542
543
5. After all properties within the current acquisition cycle have been presented, tThe Land 544
Acquisition Advisory Committee shall evaluate all qualified proposals using criteria, as 545
documented in the ICSR, along with, public comments, and their own experience and 546
judgments, and then rank the parcels property according to the A, B and C ranking categories 547
to create a and place it on the recommended Active Acquisition List at a public hearing. 548
Additional meetings may be called to complete this task. 549
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6. The recommended Active Acquisition List shall be forwarded to the Board of County 550
Commissioners, who, in a public meeting, shall vote on whether to approve all or part of the 551
proposed Active Acquisition List. Properties may be added but any additional properties must 552
be subjected to the entire evaluation process. 553
7. County Staff shall notify property owners and the public of the final approved Active 554
Acquisition List. 555
8. After approval of the Active Acquisition List, Real Property Management Estate Services 556
staff will arrange for appraisals for A-category parcels/projects and when appraisals are 557
received make an offer to the owner(s) pursuant to the approved Conservation Collier Land 558
Acquisition Purchase Policy (Resolution No. 2003-195, or as superseded). Parcels located 559
within the Rural Fringe Mixed Use District "Sending" lands are subject to additional 560
requirements regarding Transfer of Development Rights (TDR) credits, as specified in the 561
Conservation Collier Land Acquisition Purchase Policy, Resolution 2003-195, or as 562
superseded. Once an offer is accepted, Real Estate Services staff will prepare a contract and 563
request the owner sign. This signed contract will be presented to the Board of County 564
Commissioners at a public hearing for the Board’s review and consideration.Land 565
Acquisition Advisory Committee at a public meeting to decide, by majority vote, whether to 566
recommend approval of the contract to the Board of County Commissioners. Along with the 567
contract, staff will provide a Project Design Report for each parcel/project, including cost, 568
history, purpose of project, and program qualifications. 569
9. After obtaining a recommendation from the Land Acquisition Advisory Committee, the 570
contract, Project Design Report and Land Acquisition Advisory Committee recommendation 571
will be presented to the Board of County Commissioners at a public hearing for their review 572
and approval. 573
10 9. The Board of County Commissioners shall have final approval authority of the contract 574
terms for each proposed project and shall authorize any and all purchases. 575
11 10. Once a contract has been approved and executive by the Board of County Commissioners 576
in accordance with County policies, Real Property Management Estate Services shall proceed 577
to close on the purchase of property in accordance with County policies. 578
579
580
SECTION FOURTEEN THIRTEEN: Management Plans and Use of Environmentally 581
Sensitive Lands. 582
583
584
1. No later than ninety (90) days six months from the date of acquisition, an interim management 585
plan for any property acquired shall be submitted by County staff to the Land Acquisition 586
Advisory Committee for approval. Upon approval, the plan shall be submitted to the Board 587
of County Commissioners for final approval and shall be implemented by the County 588
Manager, or their designee, pursuant to the Board's direction. Any such interim management 589
plan(s) shall not be implemented for more than two (2) years after acquisition of the property, 590
prior to the expiration of two (2) years, either a new management plan shall be implemented, 591
or, by affirmative action of the Board, the interim plan shall continue. 592
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2. A final management plan, with required review and updating every ten years, shall be 593
prepared, with review and input of the Land Acquisition Advisory Committee, for each 594
property acquired by Conservation Collier which shall: 595
a. Identify such management activities as are necessary to preserve, enhance, restore, 596
conserve, maintain, or monitor the resource, as appropriate; and 597
b. Identify such uses as are consistent with the preservation, enhancement, restoration, 598
conservation, and maintenance of the resource; and 599
c. Estimate the annual costs of managing the project. 600
3. Annually, the ten-year management plans prepared during the preceding year shall be 601
submitted to the Board of County Commissioners for its approval. Each ten-year 602
management plan shall be updated at least every five (5) years from the last date of Board 603
approval, and may be amended as often as required. Management plan updates and 604
amendments shall be reviewed by the Land Acquisition Advisory Committee for their input 605
and recommendations and then submitted to the Board of County Commissioners for 606
approval. 607
4. All management plans shall be consistent with the purposes set forth herein. All properties 608
acquired or managed through Conservation Collier shall be managed in accordance with the 609
approved management plan for that property. 610
5. No use, infrastructure, or improvement shall be permitted on any property acquired or 611
managed under Conservation Collier that is inconsistent with the purposes of the program or 612
that is not provided by an approved management plan for the property. 613
6. The County will seek cooperative management arrangements with other agencies and entities, 614
in keeping with the approved management plan for the property. 615
7. Purchasing land using Conservation Collier program funds permanently extinguishes all 616
development rights except those strictly compatible with the purposes and goals of 617
Conservation Collier, unless such lands are exchanged for similar lands within and between 618
multi-parcel projects that have been previously recommended by the Conservation Collier 619
Land Acquisition Advisory Committee and approved by the Board of County 620
Commissioners in accordance with the goals and purposes of the Program. In case of these 621
land exchanges, development rights are restored to those properties exchanged out of County 622
ownership. 623
8. Public access is an important element of management and this Program. Examples of 624
permitted uses, subject to compatibility with specific parcels, include: hiking, nature 625
photography, bird watching, kayaking, canoeing, swimming, hunting, and fishing. The 626
program will also make the acquired sites available, with minimal risk to the environmental 627
integrity of the site, to educate Collier County’s school-age population and the general public 628
about the uniqueness and importance of Collier County’s subtropical ecosystems and natural 629
communities. 630
631
632
SECTION FIFTEEN FOURTEEN: Responsibilities of the County Manager. 633
The County Manager shall facilitate such activities, designate such staff, and assign such 634
responsibilities as are necessary to fulfill the purposes of this Ordinance. 635
636
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SECTION SIXTEEN FIFTEEN: Sunset of the Conservation Collier ad valorem tax. 637
638
1. The Conservation Collier special tax revenue will sunset in fiscal year 2031, after ten (10) 639
years, unless reauthorized through a similar voter referendum approval. 640
2. The Management Trust Fund continues in perpetuity, as long as Conservation Collier lands 641
remain in County hands. 642
643
644
SECTION SEVENTEEN SIXTEEN: CONFLICT AND SEVERABILITY. 645
In the event this Ordinance conflicts with any other ordinance of Collier County or other 646
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held 647
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a 648
separate, distinct and independent provision and such holding shall not affect the validity of the 649
remaining portion. 650
651
SECTION EIGHTEEN SEVENTEEN: INCLUSION IN THE CODE OF LAWS AND 652
ORDINANCES. 653
The provisions of this Ordinance shall become and be made a part of the Code of Laws and 654
Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or 655
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or 656
any other appropriate word. 657
658
SECTION NINETEEN EIGHTEEN: EFFECTIVE DATE. 659
This Ordinance shall be effective upon filing with the Secretary of State. 660
661
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier 662
County, Florida, this ____day of _____________, 2024. 663
664
ATTEST: BOARD OF COUNTY COMMISSIONERS 665
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA 666
667
668
By: By: _________________________________ 669
, Deputy Clerk Chris Hall, Chairman 670
671
672
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673
Approved as to form and legality: 674
675
___________________________ 676
Jeffrey A. Klatzkow 677
County Attorney 678
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