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Agenda 05/24/2011 Item #16K15/24/2011 Item 16.K.1. EXECUTIVE SUMMARY Recommendation to authorize the County Manager or his designee to sign police affidavits, or other agreements, authorizing the Sheriffs' Office to issue trespass warnings for unauthorized use of County property. OBJECTIVE: To obtain approval from the Board of County Commissioners (BCC) to authorize the County Manager or his designee to sign police affidavits, or other appropriate agreements, authorizing the Sheriff to issue trespass warnings for unauthorized use of County property. CONSIDERATIONS: Due to recent citizen complaints of unlawful ATV use of County retention pond parcels abutting residential land, action is needed in order to prevent further unlawful use of these parcels. "No trespassing" signs are often torn down, and have not been effective as a means of warning those who are engaging in unlawful use of County land for purposes of the "trespass after warning" statute (see Section 810.09, Florida Statutes). If the County provides affidavits to, or enters into property owners' agreements with, the Sheriffs Office, then the Sheriff can issue trespass warnings on the County's behalf to individuals engaging in unauthorized use of County property. Rather than requesting separate Board authorization for the Sheriff's Office to issue trespass warnings every time there is an unlawful use of County property, it is recommended that the Board authorize the County Manager (or designee) to sign affidavits, or enter into agreements, for the limited purpose of allowing the Sheriffs Office to issue "no trespassing" warnings on the County's behalf. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action, and requires a majority vote for approval. -JW RECOMMENDATION: That the Board of County Commissioners authorize the County Manager or his designee to sign police affidavits, or enter into property owners' agreements, for the limited purpose of authorizing the Sheriff's Office to issue trespass warnings for unauthorized use of County property. PREPARED BY: Jeff E. Wright, Assistant County Attorney Packet Page -1957- COLLIER COUNTY Board of County Commissioners Item Number: 16.K.1. 5/24/2011 Item 16.K.1. Item Summary: Recommendation to authorize the County Manager or his designee to sign police affidavits, or other agreements, authorizing the Sheriffs' Office to issue trespass warnings for unauthorized use of County property. Meeting Date: 5/24/2011 Prepared By Name: CrotteauKathynell Title: Legal Secretary,County Attorney 5/2/20114:17:27 PM Approved By Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 5/3/2011 8:03:50 AM Name: KlatzkowJeff Title: County Attorney, Date: 5/3/20112:59:14 PM Name: GreenwaldRandy Title: Management /Budget Analyst,Office of Management & B Date: 5/6/2011 11:14:12 AM Name: OchsLeo Title: County Manager Date: 5/15/2011 7:02:42 PM Packet Page -1958- 5/24/2011 Item 16.x.1. SHERIFF KEVIN J. RAMB 0 SK Collier County Sheriff's Office Property Owners' Agreement We, the undersigned owner(s), being fully aware of our legal and constitutional rights, do individually and collectively appoint the Deputies of the Collier County Sheriffs Office as follows: (1) The Sheriff and his Deputies are hereby appointed to act as our authorized agent and issue trespass warnings or arrest individuals trespassing on our property described below. (2) The Sheriff and his Deputies have free access to our described property located in Collier County, Florida in order to seek out and arrest those individuals who may be engaged in illegal activities on the property. Further, as the owner / agent in control of the described property, I agree to provide whatever assistance and testimony is necessary to prosecute individuals trespassing or engaged in other illegal activities on our property. I agree to advise the Collier County Sheriffs Office prior to any change in ownership or management. This agreement will be valid until the day of 20 and is subject to a yearly renewal upon verification of a need due to "health, safety & welfare" issues. Thirty days before the expiration of your contract, contact the CCSO requesting a renewal application. Failure to return the new agreement will result in termination of this contract. Please retain a copy of this form for your records and return the original completed thoroughly and notarized. Property Description: (include address(s) and /or street name, with adequate description) Designated Property Address Owner /Agent Printed Name Title Owner /Agent Complete Mailing Address City State Zip Owner / Agent Signature Phone Numbers SWORN TO AND SUBSCRIBED BEFORE ME ON THIS DAY OF 20 Notary Public Signature "Per F.S.S. 117.10" Notary Public Seal "Per F.S.S. 117.10" Please notify the Collier County Sheriff s Office at 239 - 774 -4434 with any changes or updated infnrmatinn Community - Safety - Sen'ice 3301 Tarniami Trail East Bldg. J, Naples, FL 34112 -4902 PhnnP 7�A_774.4434 Packet Page - 1959 -- iff.org 5/24/2011 Item 16.K.1. The Collier County Sheriff's Office would like to take this opportunity to include your business or specific community's common areas under a Property Owner's Agreement. The contract would appoint the Sheriffs Office to act as your authorized agent to issue trespass warnings and apprehend individuals engaged in illegal activities on and around your common areas and /or businesses. This agreement has proved successful in effecting arrests against subjects involved in criminal activity and warning others, thus preventing, the possibility of their activities leading to illegal actions. I think you would agree that individuals without justification for their presence in and around your businesses or community have a higher chance of committing the majority of the crime. Please review the enclosed contract, complete thoroughly, notarize and return it in the enclosed envelope. This agreement is subject to a yearly renewal upon verification of a need due to "Health, Safety & Welfare" issues. Thirty days before the expiration of your contract, contact CCSO requesting a renewal application. Failure to return the new agreement will result in termination of this contract. If you have any questions, please feel free to contact the Sheriffs Office at 239 - 774 -4434. "The duty of the Collier County Sheriffs Office is to preserve and protect the lives, property and constitutional guarantees of all persons." Packet Page -1960-