Agenda 03/26/2024 Item # 9D (Ordinance - Establish the Conservation Collier Program)03/26/2024
EXECUTIVE SUMMARY
Recommendation to adopt an ordinance amending Ordinance No. 2002-63, which established the
Conservation Collier Program.
OBJECTIVE: To request that the Board of County Commissioners (Board) adopt an ordinance to amend the
Conservation Collier Ordinance, No. 2002-63, as amended.
CONSIDERATIONS: On December 3, 2002, the Board approved Ordinance 2002-63, which established and
implements the Conservation Collier Land Acquisition Program. This ordinance has been amended a number of
times, most recently on October 10, 2023. On September 26, 2023, the Board directed staff to bring forward
proposed Ordinance changes to expedite the acquisition process and to allow for alternative acquisitions of land,
including conservation easements.
On January 23, 2024, Item 11.A, staff provided the first reading of proposed amendments to Ordinance 2002-63.
Based on additional input from the Conservation Collier Land Acquisition Advisory Committee (CCLAAC),
additional updates to the proposed Ordinance were made and presented to the Board on March 12, 2024 (Item
11A).
Major changes to the Ordinance presented to the Board on March 12, 2024, include:
• Updates to the Conservation Collier Acquisition and Maintenance Trust Funds to allow the Board to
establish the annual millage rate and to set the percentages of revenues each Fund will receive each Fiscal
Year;
• Remove lands established as Stewardship Sending Areas within the Rural Lands Stewardship Area as lands
eligible for acquisition;
• Require any lands with legal management obligations to be conveyed with adequate management
endowment funds;
• Allow for properties to be acquired through Conservation Easement;
• Allow for properties within the Rural Fringe Mixed-Use District to negotiate a Transfer of Development
Rights (TDR) credits to “Receiving” lands (*).
• Update the initial screening criteria to include nine (9) criteria;
• Update the minimum number of criteria from two (2) to three (3) for a property to be considered by the
Conservation Collier Land Acquisition (CCLAAC) and BCC for acquisition;
• Allow properties that meet six (6) of the nine (9) criteria to forego a hearing by CCLAAC and instead be
forwarded to the BCC for consideration;
• Update requirements for interim management plans to be developed within six (6) months from the date of
acquisition; and
• Allow for the interim management plan to be implemented for three (3) years.
Recommended Operational and Reserve Policy Changes:
• Percentage Allocation: As part of the budget process staff will recommend the percentage of ad valorem
revenue to be distributed to the Conservation Collier Acquisition Trust Fund and Conservation Collier
Management Trust Fund.
• Maintenance Reserves: Targeted Maintenance Reserve level no less than $20 million at th e conclusion of
the current 10-year Conservation Collier Cycle (FY 31).
• Initial Property Restoration: The estimated cost of initial exotics removal/restoration will be funded from
the acquisition fund.
On March 12, 2024, the Board approved the proposed changes to the Ordinance with some additional changes:
• Page 4, Line 125: Add ‘in perpetuity’ to the definition of ‘Management.’
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• Page 4, Lines 153 - 156: Add additional language that the Board can transfer money out of the
Conservation Collier Funds for emergency purposes, as defined by the Board of County Commissioners,
and the funds will be repaid as soon as practicable.
• Page 5, Lines 185 - 187: Remove language stating the Board has authority to move funding for other
purposes, as language is duplicative.
• Page 6, Lines 239 - 241: Remove language stating the Board has authority to move funding for other
purposes, as language is duplicative.
• Page 7, Lines 279 - 281: Remove language stating the Board has authority to move funding for other
purposes, as language is duplicative.
• Page 9, Line 364: Remove exception for lands designated as Stewardship Sending Areas within the Rural
Lands Stewardship Program for acquisition consideration.
• Page 11, Line 441: Remove exception for lands designated as Stewardship Sending Areas within the Rural
Lands Stewardship Program for acquisition consideration.
• Page 13, Lines 517 - 541: Remove “Lands larger than 20 acres” as an initial screening criteria.
Additionally, the Board requested staff add a weighting system to the Initial Screening Criteria contained within
Section 12 of the Ordinance. Historically, the weighting of criteria has been completed administratively during the
review of the proposed acquisition based on four categories: ecological value, hu man values, restoration and
management and vulnerability. In order to ensure consistency among properties, staff is requesting to evaluate the
weighting criteria and categories, with the additional screening criteria proposed in these updates and review th e
criteria with CCLAAC, before bringing forward a Resolution for Board consideration on the weighting of the
screening criteria.
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: Fee-simple 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 for form and legality and requires a majority vote for
Board approval. -SAA
RECOMMENDATION: To adopt an Ordinance to amend Ordinance No. 2002-63, which established the
Conservation Collier Program.
Prepared by: Jaime Cook, Director, Development Review Division
ATTACHMENT(S)
1. Business Impact Estimate -Conservation Collier amendment (posted on 3.15.24) (PDF)
2. Ordinance (CAO stamped) - Conservation Collier Amendment - 3.15.24 (PDF)
3. Ordinance (line numbers) - Conservation Collier Amendment - 3.15.24 (PDF)
4. legal ad -Conservation Collier amendment (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 9.D
Doc ID: 28374
Item Summary: Recommendation to adopt an ordinance amending ordinance No. 2002-63, which established the
Conservation Collier Program.
Meeting Date: 03/26/2024
Prepared by:
Title: Operations Analyst – Planning Commission
Name: Diane Lynch
03/15/2024 1:56 PM
Submitted by:
Title: Environmental Specialist –
Name: Jaime Cook
03/15/2024 1:56 PM
Approved By:
Review:
Growth Management Community Development Department Diane Lynch GMD Approver Completed
03/15/2024 1:57 PM
Transportation Management Operations Support Evelyn Trimino GMCDD Reviewer Completed
03/15/2024 4:52 PM
Operations & Regulatory Management Michael Stark GMCDD Reviewer Completed 03/18/2024 8:33 AM
Unknown Jaime Cook Division Director Completed 03/19/2024 9:18 AM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 03/19/2024 9:23 AM
Growth Management Community Development Department James C French Growth Management Completed
03/19/2024 2:57 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/19/2024 3:27 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/19/2024 3:45 PM
Office of Management and Budget Laura Zautcke OMB Reviewer Completed 03/19/2024 7:11 PM
County Manager's Office Ed Finn Level 4 County Manager Review Completed 03/20/2024 2:57 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 03/26/2024 9:00 AM
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1
Business Impact Estimate
This form should be included in the agenda packet for the item under which the proposed
ordinance is to be considered and must be posted on the County’s website by the time notice of
the proposed ordinance is published.
Publish on County website prior to: __3/15/24___[expected legal advertising date]
Proposed ordinance’s Short Title: Conservation Collier Implementation Ordinance
This Business Impact Estimate is provided in accordance with section 125.66(3), Florida
Statutes. If one or more boxes are checked below, this means the County is of the view
that a business impact estimate is not required by state law1 for the proposed ordinance,
but the County is, nevertheless, providing this Business Impact Estimate as a courtesy
and to avoid any procedural issues that could impact the enactment of the proposed
ordinance. This Business Impact Estimate may be revised following its initial posting.
☐ The proposed ordinance is required for compliance with Federal or State law or
regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the county government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders, development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
1 See Section 125.66(3)(c), Florida Statutes.
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Packet Pg. 266 Attachment: Business Impact Estimate -Conservation Collier amendment (posted on 3.15.24) (28374 : Conservation Collier Ord 2002-63)
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In accordance with the provisions of controlling law, even notwithstanding the fact that
an exemption noted above may apply, the County hereby publishes the following
information:
1. Summary of the proposed ordinance (must include a statement of the public purpose,
such as serving the public health, safety, morals and welfare):
This ordinance has been amended five times since it was first established in 2002.
The proposed changes within this iteration were requested by the Board of County
Commissioners to expedite the acquisition process. Acquiring land to be retained in
preservation improves community resiliency and provides opportunities for open space
and recreational opportunities for residents and visitors of Collier County.
2. An estimate of the direct economic impact of the proposed ordinance on private, for-
profit businesses in the County, if any:
(a) An estimate of direct compliance costs that businesses may reasonably incur;
(b) Any new charge or fee imposed by the proposed ordinance or for which businesses
will be financially responsible; and
(c) An estimate of the County’s regulatory costs, including estimated revenues from any
new charges or fees to cover such costs.
There are no impacts to private, for-profit businesses in Collier County.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
ordinance:
There are no impacts to private, for-profit businesses in Collier County.
4. Additional information the governing body deems useful (if any):
This was directed by the Board of County Commissioners and there are no impacts to
private, for-profit businesses in Collier County.
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Packet Pg. 267 Attachment: Business Impact Estimate -Conservation Collier amendment (posted on 3.15.24) (28374 : Conservation Collier Ord 2002-63)
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Packet Pg. 268 Attachment: Ordinance (CAO stamped) - Conservation Collier Amendment - 3.15.24 (28374 : Conservation Collier Ord 2002-63)
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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 5: DEFINITIONS; SECTION 6: CREATION 4
OF THE CONSERVATION COLLIER ACQUISITION TRUST FUND; 5
SECTION 7: CREATION OF THE CONSERVATION COLLIER 6
MANAGEMENT TRUST FUND; SECTION 8: LAND ACQUISITION 7
ADVISORY COMMITTEE; SECTION 9: PROPERTY ELIGIBLE FOR 8
ACQUISITION AND MANAGEMENT; SECTION 10: CRITERIA FOR 9
EVALUATING LANDS FOR ACQUISITION AND MANAGEMENT; 10
SECTION 11: ACQUISITION LIST; SECTION 12: NOMINATION FOR 11
ACQUISITION PROPOSALS AND CANDIDATE SITES; SECTION 13: 12
PROCEDURE FOR SELECTION OF ACQUISITION PROPOSALS FOR 13
PLACEMENT ON THE ACTIVE ACQUISITION LIST AND 14
SUBSEQUENT PURCHASE PROCEDURES; SECTION 14: 15
MANAGEMENT PLANS AND USE OF ENVIRONMENTALLY 16
SENSITIVE LANDS; AND SECTION 16: SUNSET OF THE 17
CONSERVATION COLLIER AD VALOREM TAX; PROVIDING FOR 18
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN 19
THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN 20
EFFECTIVE DATE. 21
22
WHEREAS, On December 3, 2002, the Board of County Commissioners (“Board”) 23
adopted Ordinance No. 2002-63, establishing the Conservation Collier Program, which Ordinance 24
has been amended from time to time; and 25
WHEREAS, the Board desires to further amend Ordinance 2002-63, as provided herein. 26
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 27
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Ordinance No. 2002-63, as 28
amended, is hereby further amended as follows: 29
30
SECTION ONE: Name. 31
32
This ordinance shall be known as Conservation Collier Implementation Ordinance. 33
34
SECTION TWO: Objectives. 35
36
Conservation Collier is therefore hereby established to acquire, preserve, restore, and 37
maintain vital and significant threatened natural lands, forest, upland and wetland communities 38
located in Collier County, for the benefit of present and future generations. 39
40
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41
42
SECTION THREE: Findings. 43
44
1. The foregoing recitals are true and correct and incorporated herein by reference. 45
2. All ad valorem funds generated hereby shall be collected by the Collier County Tax 46
Collector. 47
3. The County Manager, or his or her designee, shall administer this program in accordance 48
with the procedures and criteria provided for herein. 49
50
SECTION FOUR: Purpose and Intent. 51
52
1. To acquire, protect and manage environmentally sensitive lands that contain natural upland 53
or wetland communities, native plant communities, rare and endangered flora and fauna, 54
endemic species, endangered species habitat, a diversity of species, significant water 55
resources, or outstanding aesthetic or other natural features, maximizing protection of 56
Collier County's rarest, most unique and endangered habitats; 57
2. To acquire, protect and manage environmentally sensitive lands that offer the best human 58
social value, including equitable geographic distribution, natural resource-based 59
recreation, and protection of water resources, local ecological awareness, and enhancement 60
of the aesthetic setting of Collier County; 61
3. To acquire, protect and manage environmentally sensitive lands that serve to recharge the 62
County's aquifers and protect its wetlands and surface water resources to ensure the 63
delivery of clean and plentiful water supplies and provide flood control; 64
4. To acquire, protect and manage environmentally sensitive lands containing the most 65
biological value, including biodiversity, listed species habitat, connectivity, restoration 66
potential, and ecological quality; 67
5. To protect present conservation lands by acquiring, protecting and managing adjacent 68
properties which, if not acquired, would threaten the environmental integrity of the existing 69
resource, or which, if acquired, would enhance and buffer the environmental integrity of 70
the resource, and add to resource connectivity; 71
6. To restore the natural functions, as necessary, to any impacted and vulnerable habitats 72
which would then contribute significantly to fulfilling this program's goals; 73
7. To help implement the objectives and policies of the Collier County Growth Management 74
Plan which have been promulgated to preserve and protect environmental protection areas 75
designated in the Plan and other natural forest resources, wetlands, endangered species 76
habitat, and vulnerable rare habitats; 77
8. Upon recommendation by staff or the Board, to utilize a qualified third-party entity to 78
identify Collier County's best and most endangered environmental lands for acquisition, 79
protection and management by evaluating the biological and hydrological characteristics 80
and viability of the resource, the vulnerability of the resource to degradation or destruction, 81
and the feasibility of managing the resource to maintain its natural attributes; 82
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9. To manage acquired environmentally sensitive lands with the primary objectives of 83
maintaining and preserving their natural resource values, and providing appropriate natural 84
resource-based recreational and educational opportunities, by employing management 85
techniques that are most appropriate for each native community so that our natural heritage 86
may be preserved and appreciated by and for present and future generations; 87
10. To have the acquired sites available, with minimal risk to the environmental integrity of 88
the site, to educate Collier County's school-age population and the general public about the 89
uniqueness and importance of Collier County's subtropical ecosystems and natural 90
communities; 91
11. To protect natural resources which lie within the boundaries of other conservation land 92
acquisition programs, where Conservation Collier funds would leverage significant other 93
matching sources of funding for other agency acquisition projects that would not be 94
available without such a local match, or which would result in considerably higher funding 95
rank in another program, however, Collier County shall exclude Municipalities within the 96
County from any requirement to provide matching funds; and, 97
12. To cooperate actively with other acquisition, conservation, and resource management 98
programs that operate within the County's Area, including, but not limited to, such 99
programs as the State of Florida, the Land Acquisition Trust Fund, Florida Forever, Florida 100
Communities Trust, and Save Our Rivers program, where the purposes of such programs 101
are consistent with the purposes of Conservation Collier as stated hereinabove. 102
103
SECTION FIVE: Definitions. 104
105
The following words and phrases, when used in this article, shall have the meanings ascribed 106
to them in this section: 107
Acquisition project shall mean (a) parcel(s) of land approved by the Board of County 108
Commissioners for conservation by the county in accordance with procedures provided for herein. 109
Acquisition proposal shall mean (a) parcel(s) of land which has/have been nominated or 110
recommended for conservation in accordance with the procedures provided for herein. 111
Authorized Purpose means expenditures authorized herein. 112
Buffer land shall mean that land which is adjacent to publicly-owned environmental land, or 113
privately held land permanently dedicated to conservation, or that land which is an in-holding 114
within publicly-owned environmental land, and which, if not acquired, would threaten the 115
environmental integrity of the existing resource, or if acquired, would enhance the environmental 116
integrity and connectivity of the resource. 117
Conservation Collier lands means any land acquired under the Conservation Collier Program. 118
Environmentally sensitive land shall mean that land which contains natural upland or wetland 119
communities, native plant communities, rare and endangered flora and fauna, endemic species, 120
endangered species habitat, a diversity of species, significant water resources, or outstanding 121
aesthetic or other natural features. 122
Management shall mean the preservation, enhancement, restoration, conservation, 123
monitoring, or maintenance of the natural resource values of environmentally sensitive lands 124
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which have been acquired or approved for management under Conservation Collier in perpetuity, 125
including provision of appropriate public access. 126
Natural resource-based recreation shall mean all forms of uses which are consistent with the 127
goals of this program, and are compatible with the specific parcel. Such uses shall include, but not 128
be limited to, hiking, nature photography, bird-watching, kayaking, canoeing, swimming, hunting 129
and fishing. 130
Non-profit organization shall mean an organization as defined in section 501 of the United 131
States Internal Revenue Code, operating in Collier County, which includes among its primary 132
goals the conservation of natural resources and the protection of the environment. 133
Target Protection Areas shall mean larger areas of environmentally sensitive land within 134
which are located specific sites which generally satisfy the initial screening criteria and meet the 135
goals of Conservation Collier. 136
Urban Area shall mean those areas designated as Urban on the Collier County Future Land 137
Use Map. 138
139
SECTION SIX: Creation of the Conservation Collier Acquisition Trust Fund. 140
Funding of the Conservation Collier Program. 141
142
Collier County shall establish the Conservation Collier Acquisition Trust Fund for use in 143
acquiring environmentally sensitive lands in Collier County. This fund shall receive and disburse 144
monies in accordance with the provisions herein. 145
Collier County has established and will maintain (1) the Conservation Collier Acquisition 146
Trust Fund for use in acquiring environmentally sensitive lands in Collier County, and (2) the 147
Conservation Collier Management Trust Fund for the preservation, enhancement, restoration, 148
conservation and maintenance of environmentally sensitive lands that either have been purchased 149
with monies from the Lands Acquisition Trust Fund, or have otherwise been approved for 150
management. Each year through Fiscal Year 2031, the Board will set the millage rate for the 151
Conservation Collier Program, which may not exceed .25 mills, and set the percentage of revenues 152
each Fund will receive for that fiscal year. At the direction of the Board, funds may be transferred 153
between the two funds. In the event of an emergency as determined by the Board of County 154
Commissioners, funds may be withdrawn provided all such diverted funds shall be replaced as 155
soon as practicable. 156
157
1. The Conservation Collier Acquisition Trust Funds shall receive monies from the following 158
sources: 159
160
a. All monies accepted by Collier County in the form of federal, State, or other 161
governmental grants, reimbursements, allocations, or appropriations, foundation or 162
private grants, donations for acquisition of environmentally sensitive lands and 163
payments provided for mitigation activity associated with such acquisition activity. 164
b. Such additional allocations as may be made by the Board of County Commissioners 165
from time to time for the purposes set forth herein. 166
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c. All interest generated from the sources identified herein except where monies received 167
have been otherwise designated or restricted. 168
d. Supplementation from the Conservation Collier Management Trust Fund, but only with 169
the approval of the Collier County Board of County Commissioners. 170
e. Up to Seventy-five percent (75%) of all revenues collected for Conservation Collier. 171
This percentage shall be reviewed annually by the Board. 172
d. Revenues generated by the annual millage set for Conservation Collier by the Board, 173
not to exceed .25 mills. 174
f.e. The proceeds of any property acquired with funds from the Conservation Collier 175
Acquisition Trust Fund that is leased or sold by the County, said proceeds, as 176
determined by the Board of County Commissioners, to be committed either to the 177
Conservation Collier Acquisition Trust Fund or to the Conservation Collier 178
Management Trust Fund for the purposes provided for herein. Any such sale or lease 179
shall only be in accordance with the goals of this Program. 180
g.f. Prior to acquiring land located within a Municipality’s boundaries, approval must first 181
be obtained from the governing body of that Municipality. 182
183
2. The two Conservation Collier Acquisition Trust Funds shall be maintained in a separate 184
and segregated trust fund of the County. to be used solely for the authorized purposes set 185
forth herein, and for any other County purpose deemed to be in the best interest of the 186
public by majority vote of the Board of County Commissioners. 187
188
3. Disbursements from the Conservation Collier Acquisition Trust Fund shall be made only 189
for the following authorized purposes: 190
191
a. Acquisition of properties which have been approved for purchase by the Board of 192
County Commissioners. 193
b. Costs associated with each acquisition including, but not limited to, appraisals, surveys, 194
environmental reports, title commitments and insurance policies, real property taxes, 195
documentary stamps and surtax fees, and other transaction costs. 196
c. Costs of administering Conservation Collier, including any loans from the General 197
Fund for funding start-up costs until such time as the fund is closed. Administration of 198
the program may be conducted by County staff or by contract with a private or not for 199
profit entity subject to meeting all County and Conservation Collier purchasing 200
policies. Administrative costs shall be limited to the greatest extent possible. 201
d. Costs to acquire and dispose of real and personal property or any interest therein when 202
necessary or appropriate to protect the natural environment, provide public access or 203
public recreational facilities, preserve wildlife habitat areas or provide access to 204
management of acquired lands; to acquire interests in land by means of land exchanges; 205
and to enter into alternatives to the acquisition of fee interests in land, including, the 206
acquisition of easements, life estates, leases, and leaseback arrangements. 207
e. Acquisitions consistent with Collier County Land Development Code and the Growth 208
Management Plan. 209
f. To cooperate with other local, regional, state, or federal public land acquisition 210
programs. In such cases, the County may enter into contractual or other agreements to 211
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acquire lands jointly or for eventual resale to other public land acquisition programs in 212
Collier County. 213
g. All lands acquired and titled solely in the name of Collier County shall be managed by 214
Collier County, wherever located, unless by mutual written agreement management 215
arrangements and responsibilities are undertaken with other local, regional, state, or 216
federal agencies. All lands jointly acquired with other local, regional, state, or federal 217
agencies, including Municipalities, shall include, as part of the acquisition process, 218
some mutual written agreement regarding the responsibilities of the joint owners for 219
maintenance. 220
h. To borrow money through the issuance of bonds for the purposes provided herein, to 221
provide for and secure the payment thereof, and to provide for the rights of the holders 222
thereof. 223
i. To invest any funds held in reserves or sinking funds, or any funds not required for 224
immediate disbursement, in such investments as may be authorized for trust funds 225
under Florida Statutes, Section 215.47 as amended. 226
j. To insure and procure insurance against any loss in connection with any of the trust’s 227
operations, including without limitation: 228
1. The repayment of any loans to mortgage lenders or mortgage loans; 229
2. Any project; 230
3. Any bonds of the County; 231
Insurance may be procured in such amounts and from such insurers, including the 232
Federal Government, as may be deemed necessary or desirable by Collier County. 233
k. To engage the services of private consultants on a contract basis for rendering 234
professional and technical assistance and advice. 235
l. To identify parcels of land that would be appropriate acquisitions. 236
m. To do any and all things necessary or convenient to carry out the purposes of, and 237
exercise the powers given and granted herein to the full extent of the law. 238
n. Funds may be transferred out of the Conservation Collier Acquisition Trust Fund for 239
any other County purpose if found to be in the best interest of the public by majority 240
vote of the Board of County Commissioners. 241
242
SECTION SEVEN: Creation of the Conservation Collier Management Trust Fund. 243
244
There is hereby created the Conservation Collier Management Trust Fund (hereinafter 245
referred to as the Conservation Collier Management Trust Fund) for the preservation, 246
enhancement, restoration, conservation and maintenance of environmentally sensitive lands that 247
either have been purchased with monies from the Lands Acquisition Trust Fund, or have otherwise 248
been approved for management. The Finance Director is hereby authorized to establish the 249
Conservation Collier Management Trust Fund and to receive and disburse monies in accordance 250
with the provisions of this section. 251
1. The Conservation Collier Management Trust Fund shall be maintained in a separate and 252
segregated trust fund of the County to be used solely for the authorized purposes set forth herein 253
and for any other County purpose deemed to be in the best interest of the public by majority vote 254
of the Board of County Commissioners. 255
256
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2. The Conservation Collier Management Trust Fund shall receive monies from the following 257
sources: 258
259
a. Revenues collected for Conservation Collier in an amount no less than 25% percent of 260
the total collected in any one year. 261
b. All monies accepted by Collier County in the form of federal, State, or other 262
governmental grants, allocations, or appropriations, as well as foundation or private 263
grants and donations, for management of lands acquired with the Conservation Collier 264
Acquisition Trust Fund or otherwise approved for management. 265
c. Additional allocations as may be made by the Board of County Commissioners as 266
necessary from time to time for purposes strictly consistent with the goals and purposes 267
of Conservation Collier. 268
d. All interest generated from the sources identified herein, except where monies received 269
have been otherwise designated or restricted. 270
e. Supplementation from the Conservation Collier Acquisition Trust Fund, but only with 271
the approval of the Collier County Board of County Commissioners. 272
273
34. Disbursements from the Conservation Collier Management Trust Fund shall be made by the 274
County Manager or his or her designee to manage Conservation Collier lands only in accordance 275
for the authorized purposes set forth herein and as approved by the Board of County 276
Commissioners. 277
278
4. Funds may be transferred out of the Conservation Collier Management Trust Fund for any 279
other County purpose if found to be in the best interest of the public by majority vote of the Board 280
of County Commissioners. 281
282
SECTION EIGHT SEVEN: Land Acquisition Advisory Committee. 283
1. Creation and Purpose: The Land Acquisition Advisory Committee is hereby established to 284
assist the Board of County Commissioners in establishing an Active Properties Acquisition 285
List with qualified purchase recommendations consistent with the goals of Conservation 286
Collier. When active acquisition phases are not in place, the Land Acquisition Committee's 287
role shall be to review and make recommendations to the Board on the management and 288
programs of the preserved land. 289
2. Appointment and Composition: The Land Acquisition Advisory Committee shall be 290
composed of nine (9) members who are appointed by and will serve at the pleasure of the 291
Board of County Commissioners in accordance with Ordinance No. 2001-55, as amended. 292
Membership of the Land Acquisition Advisory Committee shall comprise broad and balanced 293
representation of the interests of Collier County citizens, including: 294
a. Environmental, land management and conservation interests in Collier County; 295
b. Agricultural and business interests in Collier County; 296
c. Educational interests in Collier County; and 297
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d. General civic and citizen interests from throughout the county. 298
Individual members of the Land Acquisition Advisory Committee shall have expertise, 299
knowledge or interest in ecology, conservation of natural resources, real estate or land 300
acquisition, land appraisal, land management, eco-tourism or environmental education. A 301
nominee shall submit to the Board of County Commissioners written evidence of his or her 302
expertise, knowledge or interest in any of the above. The members of this committee should 303
include representatives from different areas of Collier County. 304
3. Terms of Office: The initial terms of office of the members shall be staggered between the 305
individual interests, for balance purposes, and be set as follows: 306
a. Three (3) members shall serve three (3) years. 307
b. Three (3) members shall serve two (2) years. 308
c. Three (3) members shall serve one (1) year. 309
Thereafter, all All appointments shall be for a term of three (3) years. Appointments to fill 310
any vacancies on the Committee shall be for the remainder of the unexpired term of office. 311
The process for appointments and terms of office shall be governed by Collier County 312
Ordinance No. 2001-55, as amended. 313
4. Officers, Quorum and Rules of Procedure: At its earliest opportunity, the membership of the 314
Committee shall elect a chairperson and vice chairperson from among the members. Officers' 315
terms shall be for a period of one (1) year, with eligibility for reelection. 316
The presence of five (5) or more members shall constitute a quorum of the Committee 317
necessary to take action and transact business, unless active acquisition phases are not in 318
place in which case four (4) or more members shall constitute a quorum. The Committee 319
shall, by majority vote of the entire membership, adopt rules of procedure for the transaction 320
of business. The Land Acquisition Advisory Committee shall comply with the applicable 321
requirements of the Florida Sunshine Law, and shall keep a written record of meetings, 322
resolutions, findings and determinations in accordance with F.S. ch. 112. Copies of all 323
Committee minutes, resolutions, reports, and exhibits shall be submitted to the Board of 324
County Commissioners. 325
5. Attendance and Vacancies: Committee member attendance requirements, including failure to 326
attend meetings and member removal from office are governed by Collier County Ordinance 327
No. 2001-55, as amended. 328
6. Functions, Powers and Duties of the Land Acquisition Advisory Committee: The Land 329
Acquisition Advisory Committee shall have the following duties and responsibilities: 330
a. The Land Acquisition Advisory Committee's primary responsibility is to recommend to 331
the Board of County Commissioners an Active Properties Acquisition List with qualified 332
purchase recommendations consistent with the goals of Conservation Collier and 333
pursuant to the policies outlined herein below. 334
b. The Land Acquisition Advisory Committee may, from time to time, recommend to the 335
Board of County Commissioners proposed expenditures from the Conservation Collier 336
Trust Funds; additional selection or acquisition policies, procedures, and programs; and 337
other such matters as may be necessary to fulfill the purposes of Conservation Collier. 338
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However, the goals and primary criteria of Conservation Collier may not be modified 339
except by countywide referendum vote. 340
c. The Land Acquisition Advisory Committee shall have no power or authority to commit 341
Collier County to any policies, to incur any financial obligations or to create any liability 342
on the part of the County. The actions and recommendations of the Land Acquisition 343
Advisory Committee are advisory only and shall not be binding upon the County unless 344
approved or adopted by the Board of County Commissioners. 345
d. At such time as there are insufficient uncommitted funds in the Conservation Collier 346
Acquisition Trust Fund to conclude another acquisition and all acquisition projects have 347
been closed, the Land Acquisition Advisory Committee shall report to the County 348
Commission and revert to a land management oversight function. If funds remain in the 349
Conservation Collier Acquisition Trust Fund these funds shall then be reviewed for 350
recommendation of transfer to the Conservation Collier Management Trust Fund and 351
transferred upon approval of the Board of County Commissioners. Thereafter, unless 352
and until additional funds are appropriated by the Board for the purpose of acquiring 353
additional Conservation Collier Program acquisitions, the Land Acquisition Advisory 354
Committee shall generally meet on a quarterly basis to review and make 355
recommendations to the Board as warranted regarding the management and programs of 356
the preserved land. 357
358
SECTION NINE EIGHT: Property Eligible for Acquisition and Management. 359
360
1. Properties eligible to be considered for acquisition and management under Conservation 361
Collier shall be only environmentally sensitive lands available from willing and voluntary 362
participants, with acquisition priority given to those properties located within, but not limited 363
to, the Urban Area of Collier County. 364
2. Acquisition of property shall not be constrained based on the immediate availability of 365
management money. 366
3. Any environmentally sensitive land not on the acquisition list which is offered for conveyance 367
or donation to Collier County and is proposed for management by Conservation Collier shall 368
be evaluated as provided for herein below and may only be accepted and approved for 369
management by the Board of County Commissioners. Any lands with legal management 370
obligations must be conveyed with adequate management endowment funds. 371
4. Acquisition of property can be by fee simple or by a conservation easement in a form 372
approved by the Board. If conservation easements are acquired: 373
374
a. The property will retain those development rights as negotiated by the parties, including 375
but not limited to agriculture and single-family development. 376
377
b. The property owner shall be responsible for the maintenance of the conservation 378
easement. 379
380
c. The conservation easement shall not be vacated nor receive an Easement Use Agreement. 381
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382
Additionally, for properties within the Rural Fringe Mixed Use District (RFMUD) “Sending” 383
lands, if implemented by the Board the parties may negotiate a Transfer of Development 384
Rights to “Receiving” lands, subject to the rules in the Purchasing Policy (Resolution 2007-385
300, as amended). 386
387
5. The Board may sell Conservation Collier lands provided that the proceeds of the sale are put 388
back into the Conservation Collier Program. The proceeds may only be used for additional 389
purchases of environmentally sensitive land or for the maintenance of existing Conservation 390
Collier parcels. 391
392
SECTION TEN NINE: Criteria for evaluating lands for acquisition and management. 393
Target Protection Areas. 394
1. The evaluation of each acquisition proposal shall be based on satisfying at least two of the 395
initial screening criteria below. Qualified sites shall then be further prioritized by secondary 396
evaluative criteria listed below under Subsection (b). The initial screening criteria are: 397
a. Land with the most rare, unique and endangered habitats found in Collier County, order 398
of preference: tropical hardwood hammocks, xeric oak scrub, coastal strand, native 399
beach, xeric pine, riverine oak, high marsh (saline), tidal freshwater marsh, other native 400
habitats. 401
b. Lands offering the best human social values, including equitable geographic 402
distribution, appropriate access for natural resource-based recreation, and the 403
enhancement of the aesthetic setting of Collier County. 404
c. Land which protects the most water resource values, including aquifer recharge, water 405
quality, wetland dependent species habitat, and flood control. 406
d. Land containing the most biological value, including biodiversity, listed species, 407
habitat, connectivity, restoration potential, and ecological quality. 408
e. Land which enhances and/or protects the environmental value of current conservation 409
lands through function as a buffer, ecological link, or habitat corridor. 410
f. Any qualified land which meets at least two of the above criteria and has matching 411
funds available and/or which Conservation Collier funds availability would leverage a 412
significantly higher funding rank in another acquisition program. 413
2. Those proposed acquisition proposals which are initially qualified under the screening 414
criteria shall be evaluated and ranked by the staff and Land Acquisition Advisory Committee 415
using Secondary Ranking Criteria, based on site visit information which confirms or refutes 416
the initial screening criteria evaluation, and based on comparative size (to prefer larger or 417
similar parcels), vulnerability to destruction (to prefer most threatened of qualified parcels), 418
overall resource ecological quality (to prefer highest quality of similar parcels) and the 419
estimated feasibility and costs of management (to prefer the most manageable parcels). 420
3. 1. The Board of County Commissioners hereby shall approve and make a part hereof the 421
attached initial list of Target Protection Areas within which are located specific sites which 422
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generally satisfy the initial screening criteria and meet the goals of Conservation Collier. The 423
County Manager, or their designee, will provide the Board of County Commissioners with a map 424
and list of the target protection mailing areas on an annual basis. Inclusion on this list is not a 425
guarantee of any specific purchase. All specific proposals will be evaluated and ranked by staff 426
and the Land Acquisition Advisory Committee for a recommendation of approval to the Board of 427
County Commissioners. 428
429
In accordance with the goals, policies and procedures of this Conservation Collier Implementation 430
Ordinance, the following list is the Target Protection Areas adopted for consideration by the Land 431
Acquisition Advisory Committee, County Manager or their designee, Staff and the Board of 432
County Commissioners. 433
a. All designated Urban lands with predominantly native vegetative cover. 434
b. All Collier County Natural Resource Protection Areas and Sending Lands, as shown 435
on the Future Land Use Map of the Collier County Growth Management Plan. 436
c. All undeveloped lands with predominantly native vegetative cover in the Northern 437
Golden Gate Estates, as shown on the Future Land Use Map of the Collier County 438
Growth Management Plan. 439
d. The Flow-way and Habitat Stewardship Areas as depicted on the Future Land Use Map 440
of the Collier County Growth Management Plan. 441
4. 2. The County Manager, or their designee, shall prepare and periodically update for 442
presentation to the Board of County Commissioners, a Conservation Collier Program Manual, 443
developed by staff and the Land Acquisition Advisory Committee, which, upon approval by the 444
Board of County Commissioners, shall be used as a guide for implementing the provisions of this 445
ordinance, and shall also include the initial and secondary criteria listed herein above for evaluating 446
Conservation Collier Acquisition Proposals. Commencement of the acquisition and management 447
program shall be immediate upon approval by the Board of County Commissioners, passage of 448
the referendum and appointment of the Land Acquisition Advisory Committee, even if the manual 449
has not been completed. 450
451
SECTION ELEVEN TEN: Acquisition List. 452
453
The overall Conservation Collier Acquisition List shall consist of Conservation Collier Program 454
shall generate two specific lists: the Target Protection Areas List and the Active Acquisition List. 455
The Land Acquisition Advisory Committee and Board of County Commissioners shall approve 456
both in accordance with the procedures set forth below: 457
458
1. The Target Protection Areas List shall consist of lands representing the highest natural 459
resource values (such as Natural Resource Protection Areas), but generally not specific 460
parcels, and is initially approved by the Board of County Commissioners and shall be 461
updated periodically by the Board of County Commissioners and the Land Acquisition 462
Advisory Committee. It is established and updated in accordance with Conservation Collier 463
goals, procedures and criteria. 464
2. The Active Acquisition List shall consist of criteria-qualified sites that have been selected 465
from Target Protection Areas, as well as qualified acquisition proposals submitted to the 466
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Land Acquisition Advisory Committee by the public, all of which have had applications 467
submitted by property owners. The Active Acquisition List shall separate proposals into three 468
(3) categories: A (pursue acquisition); B (hold for re-ranking in the next cycle re-evaluation 469
for one calendar year); and C (no interest in acquiring). The A-category parcels/projects shall 470
be further categorized as 1 (high priority), 2 (medium priority), and 3 (low priority), in order 471
to give County staff direction as to priority for acquisition tasks. The Active Acquisition List 472
shall be updated periodically according to Conservation Collier procedures and criteria. Site 473
acquisition proposals that receive the highest evaluations pursuant to the Conservation 474
Collier criteria and for which acquisition is feasible will be placed on this list, pending 475
recommendation by the Land Acquisition Advisory Committee and approval by the Board 476
of County Commissioners. Properties shall be added to the Active Acquisition List pursuant 477
to the process described in Section 12 of this Ordinance. 478
3. Once approved by the Board of County Commissioners, the County shall actively pursue 479
acquisition of A-category projects on the Active Acquisition List. All sites shall be pursued 480
on a voluntary "willing participant" basis only, without the use of the County's eminent 481
domain powers. 482
4. Projects Property will only be removed from the Active Acquisition List by successful 483
purchase of the site, approval of the next succeeding list, withdrawal of positive interest by 484
the property owner, or by resolution of the Board of County Commissioners. Projects 485
Property removed may still be considered at a later time. 486
487
SECTION TWELVE ELEVEN: Nomination of acquisition proposals and candidate sites. 488
1. Nominations for the Conservation Collier Program may be made by any person or 489
organization, including Collier County, regional, State or Federal agencies, by contacting 490
program staff in writing and providing positive identification of the parcel/project through a 491
map or folio number(s). Staff will send an inquiry to the owner in the form of an interest 492
letter advising of the nomination and asking if the owner wishes to submit an application for 493
consideration to the Conservation Collier Program. 494
2. An owner may nominate his or her own property by submitting an application. 495
3. County staff will send letters of interest to property owners within Target Protection Areas 496
as directed by the Land Acquisition Advisory Committee asking if the owner wishes to 497
submit an application for consideration to the Conservation Collier Program. 498
4. An application submitted by the property owner to the County Manager, or his their designee, 499
shall be evidence of a willing seller. 500
5. While public Public and landowner applications nominating properties for acquisition may 501
be submitted at any time. , during or after the first annual public solicitation meeting 502
(described below), applications shall be gathered and evaluated within the framework of an 503
acquisition cycle, which time frame shall be publicly announced Applications shall be 504
evaluated as they are received. 505
6. There will be an annual public meeting for the purpose of updating the Board of County 506
Commissioners and the public and for soliciting proposals and applications if the program is 507
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in a buying cycle. The first such meeting will take place at the end of the first year of 508
implementation of Conservation Collier. 509
7. Owner interest shall be disclosed in applications in the same manner as required of zoning 510
applicants by the Collier County Land Development Code. 511
512
513
SECTION THIRTEEN TWELVE: Procedure for selection of acquisition proposals for 514
placement on the active acquisition list and subsequent purchase procedures. 515
516
1. Acquisition proposals for which applications have been received shall be prescreened using 517
the following initial screening criteria: 518
519
a. Lands featuring one of the Critical Lands and Water Identification Project (CLIP) Priority 520
1 Natural Communities found in Collier County: Upland Hardwood Forest, Scrub, Coastal 521
Upland, Dry Prairie, and Upland Pine. 522
523
b. Lands featuring one of the CLIP Priority 2 through 4 Natural Communities found in Collier 524
County, including Pine Flatwoods and Coastal Wetlands. 525
526
c. Lands featuring other native natural communities. 527
528
d. Lands offering cultural values, appropriate access for natural resource-based recreation, 529
and the enhancement of the aesthetic setting of Collier County. 530
531
e. Lands which protect the most water resource values, including aquifer recharge, water 532
quality, wetland dependent species habitat, wildlife risk reduction, storm surge protection, 533
and flood control. 534
535
f. Lands containing the most biological value, including biodiversity and listed species. 536
537
g. Lands which enhance and/or protect the environmental value of current conservation lands 538
through function as a buffer, ecological link, or habitat corridor. 539
540
h. Lands within a Board-approved target protection mailing area. 541
542
1. Acquisition proposals for which applications have been received shall be prescreened using the 543
initial screening criteria. Those that satisfy two (2) out of six (6) of the Initial Screening Criteria 544
shall be forwarded to the Land Acquisition Advisory Committee for a vote for a complete 545
evaluation. 546
547
2. Acquisition proposals which do not satisfy the initial screening criteria or which satisfy initial 548
screening criteria but for other reasons may not fulfill the purposes of Conservation Collier will be 549
reported to the Land Acquisition Advisory Committee and shall not be evaluated further unless at 550
least five [5] members of the Land Acquisition Advisory Committee vote for a complete 551
evaluation. 552
553
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3.2. Proposals which satisfy the initial screening criteria will be further evaluated for presentation 554
Proposals received will be evaluated using the above initial screening criteria and presented 555
to the Land Acquisition Advisory Committee for review and ranking by staff or a qualified 556
third-party. Evaluation shall include a site visit, which staff shall coordinate with the property 557
owner, and which may include one advisory committee member, review of information about 558
the parcel(s) available in the county's electronic databases and research into any other records 559
retained by the county about the parcel(s). Using both observed and gathered data staff or a 560
qualified third party shall prepare an Initial Criteria Screening Report (ICSR) which will 561
include boundary and location maps for each site, descriptions of the biological and 562
hydrological characteristics, including initial criteria satisfied, a summary of its potential for 563
appropriate use, development potential of the site and adjacent land, an assessment of the 564
management needs and costs, the assessed and estimated value, and any potentially available 565
matching funds. 566
567
4.3. Upon completion of the ICSR, the Land Acquisition Advisory Committee shall hold a public 568
hearing where staff will present information contained in the ICSR regarding each site, the 569
applicants' and/or landowners' comments, and comments from the public. A courtesy notice 570
shall be provided to the owners of properties which are the subject of the hearing, although 571
failure to notify said owners shall not invalidate these proceedings. 572
573
5. After all properties within the current acquisition cycle have been presented, the Land 574
Acquisition Advisory Committee shall evaluate all qualified proposals using criteria, as 575
documented in the ICSR along with, public comments, and their own experience and 576
judgments, and then rank the parcels according to the A, B and C ranking categories to create 577
a recommended Active Acquisition List at a public hearing. Additional meetings may be 578
called to complete this task. 579
6.4. The recommended Active Acquisition List shall be forwarded to the Board of County 580
Commissioners, who, in a public meeting, shall vote on whether to approve all or part of the 581
proposed Active Acquisition List. Properties may be added but any additional properties must 582
be subjected to the entire evaluation process. 583
7.5. County Staff shall notify property owners and the public of the final approved Active 584
Acquisition List. 585
8.6. After approval of the Active Acquisition List, Real Property Management Estate Services 586
staff will arrange for appraisals for A-category parcels/projects and when appraisals are 587
received make an offer to the owner(s) pursuant to the approved Conservation Collier Land 588
Acquisition Purchase Policy (Resolution No. 2003-195, or as superseded). Parcels located 589
within the Rural Fringe Mixed Use District "Sending" lands are subject to additional 590
requirements regarding Transfer of Development Rights (TDR) credits, as specified in the 591
Conservation Collier Land Acquisition Purchase Policy, Resolution 2003-195, or as 592
superseded. Once an offer is accepted, Real Property Management Estate Services staff will 593
prepare a contract and request the owner sign. This signed contract will be presented to the 594
Board of County Commissioners at a public hearing for the Board’s review and consideration. 595
Land Acquisition Advisory Committee at a public meeting to decide, by majority vote, 596
whether to recommend approval of the contract to the Board of County Commissioners. 597
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Along with the contract, staff will provide a Project Design Report for each parcel/project, 598
including cost, history, purpose of project, and program qualifications. 599
9. After obtaining a recommendation from the Land Acquisition Advisory Committee, the 600
contract, Project Design Report and Land Acquisition Advisory Committee recommendation 601
will be presented to the Board of County Commissioners at a public hearing for their review 602
and approval. 603
10 7. The Board of County Commissioners shall have final approval authority of the contract 604
terms for each proposed project and shall authorize any and all purchases. 605
11 8. Once a contract has been approved and executive by the Board of County Commissioners 606
in accordance with County policies, Real Property Management Estate Services shall proceed 607
to close on the purchase of property in accordance with County policies. 608
609
610
SECTION FOURTEEN THIRTEEN: Management Plans and Use of Environmentally 611
Sensitive Lands. 612
613
614
1. No later than ninety (90) days six (6) months from the date of acquisition, an interim 615
management plan for any property acquired shall be submitted by County staff to the Land 616
Acquisition Advisory Committee for approval. Upon approval, the plan shall be submitted 617
to the Board of County Commissioners for final approval and shall be implemented by the 618
County Manager, or their designee, pursuant to the Board's direction. Any such interim 619
management plan(s) shall not be implemented for more than two (2) three (3) years after 620
acquisition of the property. , p Prior to the expiration of two (2) three (3) years, either a new 621
management plan shall be implemented, or, by affirmative action of the Board, the interim 622
plan shall continue. 623
2. A final management plan, with required review and updating every ten years, shall be 624
prepared, with review and input of the Land Acquisition Advisory Committee, for each 625
property acquired by Conservation Collier which shall: 626
a. Identify such management activities as are necessary to preserve, enhance, restore, 627
conserve, maintain, or monitor the resource, as appropriate; and 628
b. Identify such uses as are consistent with the preservation, enhancement, restoration, 629
conservation, and maintenance of the resource; and 630
c. Estimate the annual costs of managing the project. 631
3. Annually, the ten-year management plans prepared during the preceding year shall be 632
submitted to the Board of County Commissioners for its approval. Each ten-year 633
management plan shall be updated at least every five (5) years from the last date of Board 634
approval, and may be amended as often as required. Management plan updates and 635
amendments shall be reviewed by the Land Acquisition Advisory Committee for their input 636
and recommendations and then submitted to the Board of County Commissioners for 637
approval. 638
4. All management plans shall be consistent with the purposes set forth herein. All properties 639
acquired or managed through Conservation Collier shall be managed in accordance with the 640
approved management plan for that property. 641
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5. No use, infrastructure, or improvement shall be permitted on any property acquired or 642
managed under Conservation Collier that is inconsistent with the purposes of the program or 643
that is not provided by an approved management plan for the property. 644
6. The County will seek cooperative management arrangements with other agencies and entities, 645
in keeping with the approved management plan for the property. 646
7. Purchasing land using Conservation Collier program funds permanently extinguishes all 647
development rights except those strictly compatible with the purposes and goals of 648
Conservation Collier, unless such lands are exchanged for similar lands within and between 649
multi-parcel projects that have been previously recommended by the Conservation Collier 650
Land Acquisition Advisory Committee and approved by the Board of County 651
Commissioners in accordance with the goals and purposes of the Program. In case of these 652
land exchanges, development rights are restored to those properties exchanged out of County 653
ownership. 654
8. Public access is an important element of management and this Program. Examples of 655
permitted uses, subject to compatibility with specific parcels, include: hiking, nature 656
photography, bird watching, kayaking, canoeing, swimming, hunting, and fishing. The 657
program will also make the acquired sites available, with minimal risk to the environmental 658
integrity of the site, to educate Collier County’s school-age population and the general public 659
about the uniqueness and importance of Collier County’s subtropical ecosystems and natural 660
communities. 661
662
663
SECTION FIFTEEN FOURTEEN: Responsibilities of the County Manager. 664
The County Manager shall facilitate such activities, designate such staff, and assign such 665
responsibilities as are necessary to fulfill the purposes of this Ordinance. 666
667
SECTION SIXTEEN FIFTEEN: Sunset of the Conservation Collier ad valorem tax. 668
669
1. The Conservation Collier special tax revenue will sunset in fiscal year 2031, after ten (10) 670
years, unless reauthorized through a similar voter referendum approval. 671
2. The Management Trust Fund continues in perpetuity, as long as Conservation Collier lands 672
remain in County hands. 673
3. If the Management Trust Fund has inadequate funds for management, then funding from the 674
General Fund would be utilized. 675
676
SECTION SEVENTEEN SIXTEEN: CONFLICT AND SEVERABILITY. 677
In the event this Ordinance conflicts with any other ordinance of Collier County or other 678
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held 679
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a 680
separate, distinct and independent provision and such holding shall not affect the validity of the 681
remaining portion. 682
683
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SECTION EIGHTEEN SEVENTEEN: INCLUSION IN THE CODE OF LAWS AND 684
ORDINANCES. 685
The provisions of this Ordinance shall become and be made a part of the Code of Laws and 686
Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or 687
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or 688
any other appropriate word. 689
690
SECTION NINETEEN EIGHTEEN: EFFECTIVE DATE. 691
This Ordinance shall be effective upon filing with the Secretary of State. 692
693
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier 694
County, Florida, this ____day of _____________, 2024. 695
696
ATTEST: BOARD OF COUNTY COMMISSIONERS 697
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA 698
699
700
By: By: _________________________________ 701
, Deputy Clerk Chris Hall, Chairman 702
703
704
705
Approved as to form and legality: 706
707
___________________________ 708
Sally A. Ashkar 709
Assistant County Attorney 710
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NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners
commencing at 9:00 a.m. on March 26, 2024, in the Board of County Commissioners meeting room, third floor, Collier
Government Center, 3299 East Tamiami Trail, Naples, FL, to consider:
AN ORDINANCE AMENDING ORDINANCE NO. 2002-63, AS AMENDED, WHICH ESTABLISHED THE
CONSERVATION COLLIER PROGRAM, BY AMENDING SECTION 5: DEFINITIONS; SECTION 6:
CREATION OF THE CONSERVATION COLLIER ACQUISITION TRUST FUND; SECTION 7:
CREATION OF THE CONSERVATION COLLIER MANAGEMENT TRUST FUND; SECTION 8: LAND
ACQUISITION ADVISORY COMMITTEE; 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.
A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested
parties are invited to attend and be heard.
All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the
agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group
or organization may be allotted 10 minutes to speak on an item. Written materials intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of 7 days prior to the public hearing. All materials
used in presentations before the Board will become a permanent part of the record.
As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public
comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely
should register through the link provided within the specific event/meeting entry on the Calendar of Events on the
County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the
County website. Registration should be done in advance of the public meeting or any deadline specified within the
public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how
they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user’s risk.
The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey
Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov.
Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto
and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are
entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management
Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days
prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County
Commissioners Office.
9.D.d
Packet Pg. 302 Attachment: legal ad -Conservation Collier amendment (28374 : Conservation Collier Ord 2002-63)
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
CHRIS HALL, CHAIRMAN
Posted to notices.collierclerk.com on March 15, 2024.
9.D.d
Packet Pg. 303 Attachment: legal ad -Conservation Collier amendment (28374 : Conservation Collier Ord 2002-63)