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Backup Documents 06/22/2021 Item #17A Creating the LPPF 6/22/2021 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS :t4' To: Clerk to the Board: Please place the following as a: Normal legal Advertisement ❑ Other: (Display Adv., location,etc.) Originating Dept/Div: Community&Human Services Person: Barbetta Hutchinson Date: 6/8/21 Petition No.(If none,give brief description): LPPF Ordinance Petitioner: (Name&Address): n/a Name&Address of any person(s) to be notified by Clerk's Office:(If more space is needed, attach separate sheet) Hearing before BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing.)June 22,2021 (ad to run no later than Thursday,,June 10,2021) Newspaper(s)to be used: (Complete only if important): ❑ Naples Daily News ❑ Other ❑Legally Required Proposed Text: (Include legal description&common location&Size): See attached Ordinance title. Companion petition(s), if any&proposed hearing date: n/a Does Petition Fee include advertising cost?❑Yes ❑ No If Yes,what account should be charged for advertising costs: PO#4500202258, acct.#324508 Reviewed by: _ k1 - Divis' n dmini r •or Designee Date List Attachments: draft LPPF Ordinance DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to Clerk's Office for processing. Note: If legal document is involved,be sure that any necessary legal review, • or request for same,is submitted to County Attorney before submitting to Minutes&Records. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑Requesting Division ❑ Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file. *****************,ter*********************,***********, *,*****,********************************************** FOR CLERK'S OFFICE USE ILI Date Received: S 21 Date of Public hearing: 6l24 - Date Advertised: ✓�l10Izl 1 17 ORDINANCE NO. 2021- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO BE CODIFIED IN CHAPTER 114 AS ARTICLE VI OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES AUTHORIZING THE CREATION OF THE COLLIER COUNTY LOCAL PROVIDER PARTICIPATION FUND ("FUND") UNDER THE AUTHORITY OF SECTION 1(F), ARTICLE VIII OF THE CONSTITUTION OF THE STATE OF FLORIDA SPECIFYING THE METHOD OF SETTING AND COMPUTING ANNUAL NON-AD VALOREM SPECIAL ASSESSMENTS TO BE DEPOSITED INTO THE FUND AND SPECIFYING AUTHORIZED USES FOR THE FUND; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE OF JULY 1, 2021 UNLESS THE ENABLING LEGISLATION IS NOT APPROVED BY THE GOVERNOR OF THE STATE OF FLORIDA. RECITALS: WHEREAS, the hospitals in Collier County's jurisdiction (the "Hospitals") annually provide millions of dollars of uncompensated care to persons who qualify for Medicaid because Medicaid, on average, covers only 60% of the costs of the health care services actually provided by Hospitals to Medicaid eligible persons, leaving hospitals with significant uncompensated costs ("Medicaid shortfall"); and WHEREAS, the State of Florida (the "State") has received federal authority to establish the Statewide Medicaid Managed Care hospital directed payment program (the "DPP") to offset hospitals' Medicaid shortfall and improve quality of care provided to Florida's Medicaid population; and WHEREAS, impacted Hospitals have asked Collier County (the "County") to impose an assessment upon certain real property owned by the Hospitals to help finance the non-federal share of the State's Medicaid program; and WHEREAS, the only properties to be assessed in these localities are the real property sites of such Hospitals; and WHEREAS, the County recognizes that one or more Hospitals within the County's boundaries may be located upon real property leased from governmental entities and that such Hospitals may be assessed because courts do not make distinctions on the application of special assessments based on "property interests" but rather on the distinction of the classifications of real property being assessed; and Page 1 of 10 1 7 A WHEREAS, the funding raised by the County assessment will, through intergovernmental transfers ("IGTs") provided consistent with federal guidelines, support additional funding for Medicaid payments to Hospitals to address the Medicaid shortfall; and WHEREAS, the County acknowledges that the Hospital properties assessed will benefit directly and especially from the assessment as a result of the above-described additional funding provided to said Hospitals; and WHEREAS, the County has determined that a logical relationship exists between the Medicaid services provided by the Hospitals, which will be supported by the assessment, and the special and particular benefit to the real property of the Hospitals; and WHEREAS, the County has an interest in promoting access to health care for its low- income and under-insured residents; and WHEREAS, leveraging additional federal support through the above-described IGTs to fund payments to the Hospitals for health care services provided to Medicaid eligible persons directly and specifically benefits the Hospitals' properties and supports their continued ability to provide those services; and WHEREAS, imposing an assessment limited to Hospital properties to help fund the provision of Medicaid services and the achievement of certain quality standards by the Hospitals to residents of the County is a valid public purpose that benefits the health, safety, and welfare of the citizens of the County; and WHEREAS, the assessment ensures the financial stability and viability of the Hospitals providing Medicaid services; and WHEREAS, the Hospitals are important contributors to the overall County's economy, and the financial benefit to these Hospitals directly and specifically supports their mission, as well as their ability to grow, expand, and maintain their facilities in concert with the population growth in the jurisdiction of the County; and WHEREAS, the County finds the assessment will enhance the Hospitals' ability to grow, expand, maintain, improve and increase the value of their properties and facilities under all present circumstances and those of the foreseeable future; and WHEREAS, the County is proposing a properly apportioned assessment by which all Hospitals will be assessed a uniform amount that is compliant with 42 C.F.R. § 433.68(d); and WHEREAS, the adoption of this Ordinance will enable the County to levy a uniform non-ad valorem special assessment, which is fairly and reasonably apportioned among the Hospitals' properties within the County's jurisdictional limits, to establish and maintain a system of funding for IGTs to support the non-federal share of Medicaid payments that will directly and specially benefit Hospital properties. Page 2 of 10 17A WHEREAS, for the first year of the assessment the County finds that the alternative method, as specified in § 197.3631, Fla. Stat., for the assessment and collection of the non-ad valorem special assessment is appropriate but in future tax years may elect to use the uniform method if approved by the Board. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION 1. Chapter 126 of the Collier County Code of Laws and Ordinances, is hereby amended, by adding a new Article VI as follows: Sec. 126-211. - Title This Article VI shall be known and may be cited as the "Collier County Local Provider Participation Fund Ordinance." Sec. 126-212. - Authority. Pursuant to Article VIII, Section 1(f) of the Constitution of the State of Florida and Florida Statutes 125, the Board is hereby authorized to impose a special assessment against private for- profit and not-for-profit hospitals located within the County to fund the non-federal share of Medicaid payments associated with Local Services. Sec. 126-213. - Purpose. The non-ad valorem special assessment authorized by this Article shall be imposed, levied, collected, and enforced against Assessed Properties located within the County. Proceeds from the Assessment shall be used to benefit Assessed Properties through enhanced Medicaid payments for Local Services. When imposed, the Assessment shall constitute a lien upon the Assessed Properties equal in rank and dignity with the liens of all state, county, district, or municipal taxes and other non-ad valorem assessments. Failure to pay may cause foreclosure proceedings, which could result in loss of title, to commence. The Assessment shall be computed and assessed only in the manner provided in this Ordinance. Sec. 126-214. - Alternative Method. This Ordinance shall be deemed to provide an additional and alternative method, as specified in § 197.3631, Fla. Stat., for the assessment and collection of the non-ad valorem special assessment described herein. The Ordinance shall be regarded as supplemental and additional to powers conferred by other laws and shall not be regarded as in derogation of any powers now existing or which may exist hereafter. This Ordinance, being necessary for the health, safety, and welfare of the inhabitants of the County, shall be liberally construed to effect the purposes hereof Sec. 126-215. - Definitions. Page 3 of 10 17A When used in this Ordinance, the following terms shall have the meanings below, unless the context clearly requires otherwise: Annual Final Assessment Resolution means the resolution described in Sections 126-224 and 126-225 hereof, which shall be the final proceeding for the imposition of an Assessment, establishing the rate for the non-ad valorem assessment for a specific Fiscal Year. Assessed Property means an Institutional Health Care Provider holding a right of possession and right of use of real property in the County through an ownership or leasehold interest, thus making the property subject to the Assessment. Assessment means a non-ad valorem special assessment imposed by the County on Institutional Health Care Providers located in the County limits to fund the non-federal share of Medicaid and Medicaid managed care payments directed to hospitals providing Local Services in the County. Assessment Coordinator means the person appointed by the County Manager or designee to administer the Assessment imposed pursuant to this Article, or such person's designee. Assessment Resolution means the resolution described in Section 126-219 hereof Board means the Board of County Commissioners of Collier County, Florida. County means Collier County, Florida. Fiscal Year means the period commencing on October 1 of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by law as the fiscal year for the County. Institutional Health Care Provider means a private for-profit or not-for-profit hospital that provides inpatient hospital services. Local Services means the provision of inpatient and outpatient hospital services to Medicaid, indigent, and uninsured members of the Collier County community. Non-Ad Valorem Assessment Roll means the special assessment roll prepared by the County. Ordinance means the Collier County Local Provider Participation Fund Ordinance as it may be codified in Chapter 114 as Article VI in the Collier County Code of Laws and Ordinances. Tax Collector means the Collier County Tax Collector. Sec. 126-216. - Interpretation. Page 4 of 10 t 7 A Unless the context indicates otherwise, the terms "hereof," "hereby," "herein," "hereto," "hereunder"and similar terms refer to this Article. The term "hereafter"means after and the term "heretofore"means before the effective date of the Ordinance. Sec. 126-217. -Assessment. Pursuant to § 125.01, Fla. Stat., the Board is hereby authorized to create a non-ad valorem special assessment that shall be imposed, levied, collected, and enforced against Assessed Property to fund the non-federal share of Medicaid payments benefitting Assessed Properties providing Local Services in the County. Funds generated as a result of the Assessment shall be held in a separate account called the local provider participation fund and shall be available to be used only to: (1) provide to the Florida Agency for Health Care Administration the non-federal share for Medicaid payments to be made directly or indirectly in support of hospitals serving Medicaid beneficiaries and (2) reimburse the County for administrative costs associated with the implementation of the Assessment authorized by this Ordinance, as further specified in the Assessment Resolution. The Assessment will be broad based, and the amount of the Assessment must be uniformly imposed on each Assessed Property. The Assessment may not hold harmless any Institutional Health Care Provider, as required under 42 U.S.C. § 1396b (w). As set forth in Section 126-213, the Assessment shall constitute a lien upon the Assessed Properties equal in rank and dignity with the liens of all state, county, district, or municipal taxes and other non-ad valorem assessments. In addition to other remedies available at law or equity, the enforcement of the aforesaid Assessment shall be at the same time and in like manner as ad valorem taxes and subject to all ad valorem tax enforcement procedures afforded to the official annual real property tax notice. Creation and implementation of the Assessment will not result in any additional pecuniary obligation on the County, Board, or County residents. The Assessment shall be imposed, levied, collected, and enforced against only Assessed Properties, and the Assessment Resolution shall provide that the County's administrative costs shall be reimbursed from the collected amounts. The County's administrative costs shall not exceed $150,000. Any reasonable expenses the County incurs to collect delinquent assessments, including any attorney's fees incurred as a result of contracting with an attorney to represent the county in seeking and enforcing the collection of delinquent assessments, are not subject to the limitation on administrative costs. Sec. 126-218.- Computation of Assessment. The annual Assessment shall be specified for each Assessed Property. The Board shall set the Assessment in amounts that in the aggregate will generate sufficient revenue to fund the non- federal share of Medicaid payments associated with Local Services to be funded by the Assessment. Page 5 of 10 17A The amount of the Assessment required of each Assessed Property may not exceed an amount that, when added to the amount of other required assessments, equals an amount of revenue that exceeds the maximum percent of the aggregate net patient revenue of all Assessed Hospitals in the County permitted by 42 C.F.R. § 433.68(f)(3)(i)(A). Assessments for each Assessed Property will be derived from data contained in the Florida Hospital Uniform Reporting System, as available from the Florida Agency for Health Care Administration. Sec. 126-219. - Assessment Resolution. The Assessment Resolution shall describe: (a)the Medicaid payments proposed for funding from proceeds of the Assessment; (b) the benefits to the Assessment Properties associated with the Assessment; (c) the methodology for computing the assessed amounts; and (d) the method of collection, including how and when the Assessment must paid. Sec. 126-220. -Non-Ad Valorem Assessment Roll. The Assessment Coordinator shall prepare, or direct the preparation of, the Non-Ad Valorem Assessment Roll, which shall contain the following: a) The names of the Assessed Properties; and b) The Assessment rate and amount of the Assessment to be imposed against each Assessed Property based on the Assessment Resolution. The Non-Ad Valorem Assessment Roll shall be retained by the Assessment Coordinator and shall be open to public inspection. The foregoing shall not be construed to require that the Assessment Roll be in printed form if the amount of the Assessment for each Assessed Property can be determined by use of a computer terminal available to the public. Sec. 126-221. -Notice by Publication. Upon completion of the Non-Ad Valorem Assessment Roll, the Assessment Coordinator shall notify the public by press release not earlier than 20 calendar days from such publication, will hear objections of all interested persons to approve the aforementioned Non-Ad Valorem Assessment Roll. Such notice shall include: a) The Assessment rate; b) The procedure for objecting to the Assessment rate; c) The method by which the Assessment will be collected; and d) A statement that the Non-Ad Valorem Special Assessment Roll is available for inspection at the Office of the Assessment Coordinator. Page 6 of 10 17A Sec. 126-222. -Notice by Mail. In addition to the published notice required by Section 126-221, but only for the first fiscal year in which an Assessment is imposed by the Board against Assessed Properties, the Assessment Coordinator shall provide notice of the proposed Assessment by first class mail to the Assessed Properties. Such notice shall include: a) The purpose of the Assessment; b) The Assessment rate to be levied against each Assessed Property; c) The unit of measurement applied to determine the Assessment; d) The total revenue to be collected by the County from the Assessment; e) A statement that failure to pay the Assessment will cause a tax certificate to be issued against the property or foreclosure proceedings, either of which may result in a loss of title to the property; f) A statement that all affected and/or interested parties have a right to appear at the hearing and to file written objections with the Board within 20 days of the notice; and g) The date, time, and place of the hearing. Notice shall be mailed at least 20 calendar days prior to the hearing to each Assessed Property at such address as is shown on the Assessment Roll. Notice shall be deemed mailed upon delivery thereof to the possession of the United States Postal Service. The Assessment Coordinator may provide proof of such notice by affidavit. Failure of the Assessed Property to receive such notice, because of mistake or inadvertence, shall not affect the validity of the Assessment Roll or release or discharge any obligation for payment of the Assessment imposed by the Board pursuant to this Article. Sec. 126-223. - Adoption of Assessment Resolution and Non-Ad Valorem Assessment Roll. At the time named in the notice, the Board shall receive and consider any written objections of interested persons. All objections to the Assessment Resolution and Non-Ad Valorem Assessment Roll shall be made in writing and filed with the Assessment Coordinator at or before the time or adjourned time of such hearing. At the date and time named in the notice, the Board may adopt the Assessment Resolution and Non-Ad Valorem Assessment Roll which shall: a) Set the rate of the Assessment to be imposed; b) Approve the Non-Ad Valorem Assessment Roll, with such amendments as it deems just and right; and c) Affirm the method of collection. Page 7 of 10 17A Sec. 126-224. - Annual Final Assessment Resolution. The Board may revise the Non-Ad Valorem Assessment Roll during the Fiscal Year to modify the Assessment rate. However, the Board must adopt an Annual Final Assessment Resolution during the Fiscal Year to memorialize the final rate applicable for the Fiscal Year. Sec. 126-225. - Effect of Annual Final Assessment Resolution. The adoption of the Annual Final Assessment Resolution shall be the final adjudication of the issues presented (including, but not limited to, the method of apportionment and Assessment, the Assessment rate, the initial rate of Assessment, the Non-Ad Valorem Assessment Roll, and the levy and lien of the Assessments), unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within 20 days from the date of Board action on the Annual Final Assessment Resolution. The Non-Ad Valorem Assessment Roll shall be delivered to the Tax Collector or such other official as the Board by resolution shall designate. Sec. 126-226. - Method of Collection. The amount of the assessment is to be collected pursuant to the Alternative Method, as specified in the Assessment Resolution. Sec. 126-227. - Refunds. If, at the end of the Fiscal Year, additional amounts remain in the local provider participation fund, the Board is hereby authorized to make refund to Assessed Properties in proportion to amounts paid in during the Fiscal Year for all or a portion of the unutilized local provider participation fund. Sec. 126-228. - Responsibility for Enforcement. The County and its agent, if any, shall maintain the duty to enforce the prompt collection of the Assessment by the means provided herein. The duties related to collection of assessments may be enforced at the suit of any holder of obligations in a court of competent jurisdiction by mandamus or other appropriate proceedings or actions. Sec. 126-229. - Correction of Errors and Omissions. No act of error or omission on the part of the Comptroller, Property Appraiser, Tax Collector, Assessment Coordinator, Board, or their deputies or employees shall operate to release or discharge any obligation for payment of the Assessment imposed by the Board under the provision of this Chapter. SECTION 2. APPLICABILITY. Page 8 of 10 I 7 A It is hereby intended that this Ordinance shall constitute a uniform law applicable in all unincorporated areas of Collier County, Florida, and to all incorporated areas of Collier County where there is no existing conflict of law or municipal ordinance. SECTION 3. SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION 4. RESOLUTION OF CONFLICT OF LAWS. In all instances where Florida law, as evidenced by the Florida Administrative Code, Florida Statutes, applicable case law, or otherwise mandates standards or requirements that are stricter than the provisions of this Ordinance, or where a matter is addressed by Florida law that is not addressed by this Ordinance, then said law shall govern. In situations where this Ordinance addresses a matter in a manner that is stricter than that of Florida law, the provisions of this Ordinance shall control. SECTION 5. INCLUSION IN THE COLLIER COUNTY CODE. The provisions of this Ordinance shall be included and incorporated in the Collier County Code, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Collier County Code, once established. The word "ordinance" may be changed to "section," "article," or other appropriate word or phrase necessary to accomplish such intentions. SECTION 6. FILING OF ORDINANCE. In accordance with the provisions of§ 125.66, Fla. Stat., a certified copy of this Ordinance shall be filed with the Florida Department of State. SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective July 1, 2021 unless the enabling legislation is not approved by the Governor of the State of Florida. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2021. Page 9 of 10 i7 ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K KINZEL, CLERK COLLIER COUNTY, FLORIDA By: By: , DEPUTY CLERK PENNY TAYLOR, CHAIRPERSON Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney Page l0 of l0 17A Acct #324508 June 8, 2021 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: Ordinance — Creating the Local Provider Participation Fund Dear Legals: Please advertise the above referenced notice (in the Classified Section of the paper) on Thursday, June 10, 2021 and kindly send the Affidavit of Publication, together with charges involved, to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #4500202258 17A NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on June 22,2021,in the Board of County Commissioners Meeting Room, Third Floor,Collier Government Center, 3299 Tamiami Trail East,Naples FL.,the Board of County Commissioners(BCC)will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO BE CODIFIED IN CHAPTER 114 AS ARTICLE VI OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES AUTHORIZING THE CREATION OF THE COLLIER COUNTY LOCAL PROVIDER PARTICIPATION FUND ("FUND") UNDER THE AUTHORITY OF SECTION 1(F), ARTICLE VIII OF THE CONSTITUTION OF THE STATE OF FLORIDA SPECIFYING THE METHOD OF SETTING AND COMPUTING ANNUAL NON-AD VALOREM SPECIAL ASSESSMENTS TO BE DEPOSITED INTO THE FUND AND SPECIFYING AUTHORIZED USES FOR THE FUND; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE OF JULY 1, 2021 UNLESS THE ENABLING LEGISLATION IS NOT APPROVED BY THE GOVERNOR OF THE STATE OF FLORIDA. 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. NOTE: 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 any 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. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case,written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven 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 promote social distancing during the COVID-19 pandemic,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 up to 6 days in advance through the link provided on the front page of the county website at www.colliercountyfl.gov. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA PENNY TAYLOR.,CHAIRMAN CRYSTAL K. KINZEL,CLERK 1 7 A By: Teresa Cannon,Deputy Clerk(SEAL) 7 Teresa L. Cannon From: Teresa L. Cannon Sent: Tuesday,June 8, 2021 10:20 AM To: Naples Daily News Legals Subject: Creating LPPF Attachments: Creating Local Provider Participation Fund (BCC 6-22-21).doc; Ordinance - Local Provider Participation Fund (BCC 6-22-21).doc Legals, Please advertise the attached Legal Ad on Thursday, June 10, 2021. Thanks To be placed in the Classified Section Teresa Cannon BMR Senior Clerk II n .,, Office: 239-252-8411 ``•� �`.,� Fax: 239-252-8408 Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County 14, 45 3299 Tamiami Trail E, Suite#401 � Naples, FL 34112-5746 www.CollierClerk.com 1 7 A Teresa L. Cannon From: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com> Sent: Tuesday, June 8, 2021 10:20 AM To: Teresa L. Cannon Subject: DO NOT REPLY External Message: Please use caution when opening attachments, clicking links, or replying to this message. This is an auto generated email, please do not reply. The legal department has received your email and will be processing your notice as soon as possible. We will provide a proof as well as publication dates, cost and payment requirements prior to the notice running. All Legal/Public Notices will be processed for the desired publication if received by deadline. Office Hours: Monday— Friday 8:00 am -5:00 pm CST/EST Thank you for your business. Gannett Legal/Public Notice Department 1 ! 7A Teresa L. Cannon From: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com> Sent: Tuesday, June 8, 2021 10:33 AM To: Teresa L. Cannon Subject: RE:4772540 Creating LPPF Attachments: OrderConf.pdf External Message: Please use caution when opening attachments,clicking links, or replying to this message. Hello, Your notice is scheduled to publish Jun 10 in the Daily News. The total cost of your notice is $560, which includes a publisher affidavit that will be mailed to you after the last date of publication. Thank you, Madison Weber Public Notice Representative eausir LOCALiQ Office:844-254-5287 From:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Sent:Tuesday,June 8, 2021 9:20 AM To: NDN-Legals<legals@naplesnews.com> Subject:4772540 Creating LPPF Legals, Please advertise the attached Legal Ad on Thursday, June 10, 2021. Thanks To be placed in the Classified Section Teresa Cannon BMR Senior Clerk II ``„ tor k, Office: 239-252-8411 Fax: 239-252-8408 Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court Z. &Comptroller of Collier County 3299 Tamiami Trail E, Suite#401 Naples, FL 34112-5746 www.CollierClerk.com 1 hA Nitptrs Elaitll CW6 PART OF THE USA TODAY NETWORK OFFICE OF THE COUNTY 3299 TAMIAMI TRL E#800 NAPLES FL 34112--574 Account AD# Net Amount Tax Amount Total Amount Payment Method Payment Amount Amount Due 1306921 0004772540 $560.00 $0.00 $560.00 Credit Card $0.00 $560.00 Sales Rep: mweber Order Taker: mweber Order Created 06/08/2021 Product #Ins Column Agate Lines Start Date End Date NDN-Naples Daily News 1 2.00 160 06/10/2021 06/10/2021 NDN-naplesnews.com 1 2.00 160 06/10/2021 06/10/2021 *ALL TRANSACTIONS CONSIDERED PAID IN FULL UPON CLEARANCE OF FINANCIAL INSTITUTION Text of Ad: 06/08/2021 7t NOTICE OF INTENT TO CONSIDER ORDINANCE b i Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on June 22,2021, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Na- ples FL., the Board of County Commissioners (BCC) will consider the enactment of a County Ordinance. The meeting will com- mence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,TO BE CODIFIED IN CHAPTER 114 AS ARTICLE VI OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES AUTHORIZING THE CREATION OF THE COLLIER COUNTY LOCAL PROVIDER PARTICIPATION FUND ("FUND") UN- DER THE AUTHORITY OF SECTION 1(F), ARTICLE VIII OF THE CONSTITUTION OF THE STATE OF FLORIDA SPECIFYING THE METHOD OF SETTING AND COMPUTING ANNUAL NON-AD VALOREM SPECIAL ASSESSMENTS TO BE DEPOSITED INTO THE FUND AND SPECIFYING AUTHORIZED USES FOR THE FUND; PRO- VIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR IN- CLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PRO- VIDING FOR AN EFFECTIVE DATE OF JULY 1, 2021 UNLESS THE ENABLING LEGISLATION IS NOT APPROVED BY THE GOVERNOR OF THE STATE OF FLORIDA. 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. NOTE: 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 limit- ed to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or or- ganization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in pre- sentations before the Board will become a permanent part of the record. As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the public will have the oppor- tunity to provide public comments remotely, as well as in per- son, during this proceeding. Individuals who would like to par- ticipate remotely, should register up to 6 days in advance through the link provided on the front page of the county website at www.colliercountyfl.gov. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. 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 accommoda- tion 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, locat- ed 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA PENNY TAYLOR.,CHAIRMAN CRYSTAL K.KINZEL,CLERK By: Teresa Cannon,Deputy Clerk(SEAL) 0004772540 6/10/2021 17A Teresa L. Cannon From: Teresa L. Cannon Sent: Tuesday,June 8, 2021 10:50 AM To: HutchinsonBarbetta Subject: FW:4772540 Creating LPPF Attachments: OrderConf.pdf Please review - LPPF Proof From: Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com> Sent:Tuesday,June 8, 2021 10:33 AM To:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Subject: RE:4772540 Creating LPPF External Message: Please use caution when opening attachments, clicking links,or replying to this message. Hello, Your notice is scheduled to publish Jun 10 in the Daily News. The total cost of your notice is $560, which includes a publisher affidavit that will be mailed to you after the last date of publication. Thank you, Madison Weber Public Notice Representative •NWT to LOCALiQ Office:844-254-5287 From:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Sent:Tuesday,June 8, 2021 9:20 AM To: NDN-Legals<legals@naplesnews.com> Subject:4772540 Creating LPPF Legals, Please advertise the attached Legal Ad on Thursday, June 10, 2021. Thanks To be placed in the Classified Section 1 17A Teresa L. Cannon From: Teresa L. Cannon Sent: Tuesday,June 8, 2021 10:35 AM To: RodriguezWanda; 'barbetta.hutchinson@colliercountyfl.giv' Subject: FW:4772540 Creating LPPF Attachments: OrderConf.pdf Please review From: Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com> Sent:Tuesday,June 8, 2021 10:33 AM To:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Subject: RE: 4772540 Creating LPPF External Message: Please use caution when opening attachments, clicking links,or replying to this message. Hello, Your notice is scheduled to publish Jun 10 in the Daily News. The total cost of your notice is $560, which includes a publisher affidavit that will be mailed to you after the last date of publication. Thank you, Madison Weber Public Notice Representative • WCY LOCALiQ Office:844-254-5287 From:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Sent:Tuesday,June 8, 2021 9:20 AM To: NDN-Legals<Iegals@naplesnews.com> Subject:4772540 Creating LPPF Legals, Please advertise the attached Legal Ad on Thursday, June 10, 2021. Thanks To be placed in the Classified Section 7A Teresa L. Cannon From: SonntagKristi <Kristi.Sonntag@colliercountyfl.gov> Sent: Tuesday, June 8, 2021 3:37 PM To: RodriguezWanda Subject: RE: ad proof for approval:4772540 Creating LPPF approved Respectfully, Kristi Sonntag, CPM Director Community and Human Services 3339 Tamiami Trail E Suite 211 Naples, Fl 34112 239-252-2486 Kristi.Sonntag@colliercountyfl.gov C:o e-r Coornty Making Our Community Stronger:One life,one home,one project at a time. To improve our services and technical assistance to our clients,vendors or subrecipients,we ask that you provide us feedback on our services to your organization by completing the short survey contained at the following links: Affordable Housing- http://bit.ly/CollierCountvAffordableHousingSurvey Grants- http://bit.ly/CollierCountyCHSGrantsSurvey RSVP- http://bit.ly/CollierCountyRSVPSurvey Senior&Social Services- http://bit.ly/CollierCountySeniorSocialServicesSurvey SHIP- http://bit.ly/CollierCountySHlPSurvey From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent:Tuesday,June 8, 2021 2:48 PM To:SonntagKristi<Kristi.Sonntag@colliercountyfl.gov> Cc: HutchinsonBarbetta <Barbetta.Hutchinson@colliercountyfl.gov> Subject: re: ad proof for approval: 4772540 Creating LPPF Importance: High Kristi, Just a reminder that your approval is needed ASAP in order to keep this ad on track. Thank you, Wanda Rodriguez, MCP, CP.M Office of the County Attorney (239) 252-8400 i f7A Teresa L. Cannon From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Tuesday,June 8, 2021 3:41 PM To: Minutes and Records;Teresa L. Cannon Cc: HutchinsonBarbetta Subject: proof approval:4772540 Creating LPPF Attachments: RE: ad proof for approval:4772540 Creating LPPF Teresa, Attorney approval is below, and staff approval is attached. Thank you, Wanda Rodriguez, MCP, CPNI Office of the County Attorney (239) 252-8400 From: BelpedioJennifer<Jennifer.Belpedio@colliercountyfl.gov> Sent:Tuesday,June 8, 2021 11:04 AM To: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Subject: RE: ad proof for approval:4772540 Creating LPPF Hi Wanda, It's approved. Thank you so much! Jen From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent:Tuesday,June 8, 2021 10:40 AM To: BelpedioJennifer<Jennifer.Belpedio@colliercountyfl.gov> Subject: ad proof for approval:4772540 Creating LPPF Jennifer, For your approval. Wanda Rodriguez, ACP, CPN1 Office of the County Attorney (239) 252-8400 From: RodriguezWanda Sent:Tuesday,June 8, 2021 10:39 AM To: SonntagKristi <Kristi.Sonntag@colliercountyfl.gov> Cc: HutchinsonBarbetta <Barbetta.Hutchinson@colliercountyfl.gov>; LopezMaggie<Maggie.Lopez@colliercountyfl.gov> Subject: ad proof for approval: 4772540 Creating LPPF 1 h 7 A Teresa L. Cannon From: Teresa L. Cannon Sent: Tuesday, June 8, 2021 3:53 PM To: 'Gannett Legals Public Notices 4' Subject: RE:4772540 Creating LPPF Legals, Proof #4772540 has been approved by staff, OK to run. Thanks From: Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com> Sent:Tuesday,June 8, 2021 10:33 AM To:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Subject: RE:4772540 Creating LPPF External Message: Please use caution when opening attachments,clicking links, or replying to this message. Hello, Your notice is scheduled to publish Jun 10 in the Daily News. The total cost of your notice is $560, which includes a publisher affidavit that will be mailed to you after the last date of publication. Thank you, Madison Weber Public Notice Representative rn ,eK LOCALIQ Office:844-254-5287 From:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Sent:Tuesday,June 8, 2021 9:20 AM To: NDN-Legals<legals@naplesnews.com> Subject:4772540 Creating LPPF Legals, Please advertise the attached Legal Ad on Thursday, June 10, 2021. Thanks To be placed in the Classified Section , a,,o9g) I 7 A Public Notices ' Public Notice, NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County.Board of.County Commissioners on June,22,2021, , in the Board of County Commissioners Meeting Room, Third Floor; Collier Government Center, 3299 Tamiami Trail East, Na- _ 1 pies FL.,the Board of County Commissioners (BCC)will consider l the enactment of a County Ordinance. The meeting will corn- I* mence at 9:00 A.M. The title of the proposed Ordinance is as r l follows: am Z AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS M l OF COLLIER COUNTY,FLORIDA,TO BE CODIFIED IN CHAPTER 114 AS ARTICLE VI OF THE COLLIER COUNTY CODE OF LAWS AND e ORDINANCES AUTHORIZING THE CREATION OF THE COLLIER COUNTY LOCAL PROVIDER PARTICIPATION FUND ("FUND') UN- DER THE AUTHORITY OF SECTION 1(F), ARTICLE VIII OF THE0 CONSTITUTION OF THE STATE OF FLORIDA•SPECIFYING HE METHOD OF SETTING AND COMPUTING ANNUAL N -AD VALOREM ECIAL ASSESSMENTS TO BE DEPOSITED WO THE — FUND AND SPECIFYING AUTHORIZED USES FOR THE FUND;PRO- —I VIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR IN- SC CLUSION IN HE CODE OF LAWS AND ORDINANCES; AND PRO- VIDING FOR AN EFFECTIVE DATE OF JULY 1, 2021 UNLESS THE in ENABLING LEGISLATION IS NOT APPROVED BY THE GOVERNOR D OF THE STATE OF FLORIDA. < A copy of the proposed Ordinance is on file with the Clerk to .— the Board and is available for inspection. All interested parties Z are invited to attend and be heard. m NOTE: All persons wishing to speak on any agenda item must o register with the County manager prior to presentation of the N agenda item to be addressed. Individual speakers will be limit- Q ed to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or or- ganization may be'allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in Wsa the Board agenda packets must submit said material a minimum y of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall ' be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in pre- sentations before the Board will become a permanent part of the record. As part.of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the public will have the oppor- tunity to provide public comments remotely, as well as In per- son, during this proceeding. Individuals who would like to par- ticipate remotely, should register up to 6 days in advance through the link provided on the front page of the county r w will re ei a an mail lin advance of the publov. livals ic hearing detho ailing how they can participate remotely in this meeting. 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 accommoda- tion in order to participate in this proceeding, you are entitled, i at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, locat- ed at 3335 Tamiami Trail East,Suite 101,Naples, FL 341 1 2-53 56, (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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA PENNY TAYLOR.,CHAIRMAN CRYSTAL K.KINZEL,CLERK By: Teresa Cannon,Deputy Clerk(SEAL) 0004772640 6/10002.1 _ — 4r a kaki tIttti k is PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 OFFICE OF THE COUNTY ATTORNEY 3299 TAMIAMI TRL E#800 NOTICE OF INTENT TO CONSIDER ORDINANCE NAPLES, FL 34112-5749 Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on June 22,2021, in the Board of County Commissioners Meeting Room, Third Affidavit of Publication Floor, Collier Government Center, 3299 Tamiami Trail East, Na- ples FL., the Board of County Commissioners (BCC) will consider STATE OF WISCONSIN the enactment of a County Ordinance. The meeting will COUNTY OF BROWN com- mence at 9;00 A.M. The title of the proposed Ordinance is as follows: Before the undersigned theyserve as the authority, AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS 9Y OF COLLIER COUNTY, FLORIDA,TO BE CODIFIED IN CHAPTER 114 personally appeared said legal clerk who on oath says that AS ARTICLE VI OF THE COLLIER COUNTY CODE OF LAWS AND Legal Clerk of the Naples DailyNews, a ORDINANCES AUTHORIZING THE CREATION OF THE COLLIER he/she serves as Le 9 P COUNTY LOCAL PROVIDER PARTICIPATION FUND ("FUND") UN- daily newspaper published at Naples, in Collier County, DER THE AUTHORITY OF SECTION 1(F), ARTICLE VIII OF THE Florida; distributed in Collier and Lee counties of Florida; CONSTITUTION OF THE STATE OF FLORIDA SPECIFYING THE METHOD OF SETTING AND COMPUTING ANNUAL NON-AD that the attached copy of the advertising was published in VALOREM SPECIAL ASSESSMENTS TO BE DEPOSITED INTO THE on dates listed. Affiant further says that the FUND AND SPECIFYING AUTHORIZED USES FOR THE FUND;PRO- said newspaper Y VIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR IN- said Naples Daily News is a newspaper published at CLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PRO- , 21 UNLESS THE Naples, in said Collier County, Florida, and that the said ENABLING VIDING FOLEG S ATIONANI VE IS NOT A PROV DDATE OF JULYIBYTHE GOVERNOR newspaper has heretofore been continuously published in OF THE STATE OF FLORIDA. said A copy of the proposed Ordinance is on file with the Clerk to Collier County, Florida; distributed in Collier and Lee the Board and is available for inspection. All interested parties counties of Florida, each day and has been entered as are invited to attend and be heard second class mail matter at the post office in Naples, in NOTE: All persons wishing to speak on any agenda item must said Collier County, Florida, for a period of one year next register with the County manager prior to presentation of the agenda itern to be addressed individual speakers will be limit- preceding the first publication of the attached copy of ed to 3 minutes on any item, the selection of any individual to advertisement; and affiant further says that he has neither speak on behalf of an organizatinn or group is encouraged. If recognlzed by the Chairman, a spokesperson for a group or or• paid nor promised any person, or corporation any discount, ganization may be allotted 10 minutes to speak on an item. rebate, commission or refund for the purpose of securing Persons wishing to have written or graphic materials included in this advertisement for publication in the said newspaper. the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing In any case, written materials intended to he considered by the Board shall Publis led: 06/10/2021 be submitted to the appropriate County stall a minimum of seven days prior to the public hearing. All materials used in pre- `— sentations before the Board will become a permanent part of the record. As part of an ongoing initiative to promote social distancing Subscribed an S rn to before on June 10,2021: during the COVID•19 pandemic, the public will have the oppor- tunity to provide public comments remotely, as well as in per- son, during this proceeding Individuals who would like to par- ticipate remotely, should register up to 6 days itt advance through the link provided on the front page of the county ry( a r r v t n I. website at www.colliercountyfl goy Individuals who register will receive an email in advance of the public hearing detailing Notary, State of WI, County of Brown how they can participate remotely in this meeting. Any person who decides to appeal any decision of the Board T/�R/� M U N l�L U C f I will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the Notary Public proceedings is made, which record includes the testimony and State of Wisconsin evidence upon which the appeal is based If you are a person with a disability who needs any accommoda- tion in order to participate in this proreecliny, you are entitled. at no cost to you, to the provision of certain assistance. Please My commission expires August 6,2021 contact the Collier County Facilities Management Division, locat- ed 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 Publication Cost:$560.00 Board of County Commissioners Office. Ad No:0004772540 BOARD OF COUNTY COMMISSIONERS Customer No: 1306921 COLLIER COUNTY,FLORIDA PO#: 4500202258 PENNY TAYLOR.,CHAIRMAN CRYSTAL K.KINZEL,CLERK #of Affidavits1 By: Teresa Cannon,Deputy Clerk(SEAL) 0004772540 6/10/2021 This is not an invoice ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 7 A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Kristi Sonntag Community and Human KS 07/01/2021 Services 2. County Attorney Office—Jessica County Attorney Office Hayes & JAB d I 11 2 3. BCC Office Board of County r1\ Commissioners J�,4 k 1- pl 4. Minutes and Records Clerk of Court's Office i< 1+-21 t r-Db Ati PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Kristi Sonntag,Director, Community and 252-2486 Contact/ Department Human Services Division Agenda Date Item was 6/22/2021 Agenda Item Number 17A," Approved by the BCC Type of Document ORDINANCE TO ESTABLISH A LOCAL Number of Original 1 Attached PROVIDER PARTICIPATION FUND FOR Documents Attached THE DIRECTED PAYMENT PROGRAM TO BE SOLELY FUNDED BY ASSESSMENTS ON HOSPITAL-OWNED PROPERTY OR PROPERTY USED AS A HOSPITAL. PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature 5\ 2. Does the document need to be sent to another agency for additional signatures? yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be KS signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's KS signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on above date and all changes made during N/A is not the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the ��, ((�� N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for they✓') an option for Chairman's signature. this line. 17A ORDINANCE NO.2021- 7 3 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,TO BE CODIFIED IN CHAPTER 114 AS ARTICLE VI OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES AUTHORIZING THE CREATION OF THE COLLIER COUNTY LOCAL PROVIDER PARTICIPATION FUND ("FUND") UNDER THE AUTHORITY OF SECTION 1(F), ARTICLE VIII OF THE CONSTITUTION OF THE STATE OF FLORIDA SPECIFYING THE METHOD OF SETTING AND COMPUTING ANNUAL NON-AD VALOREM SPECIAL ASSESSMENTS TO BE DEPOSITED INTO THE FUND AND SPECIFYING AUTHORIZED USES FOR THE FUND; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE OF JULY 1, 2021 UNLESS THE ENABLING LEGISLATION IS NOT APPROVED BY THE GOVERNOR OF THE STATE OF FLORIDA. RECITALS: WHEREAS, the hospitals in Collier County's jurisdiction (the "Hospitals") annually provide millions of dollars of uncompensated care to persons who qualify for Medicaid because Medicaid,on average, covers only 60%of the costs of the health care services actually provided by Hospitals to Medicaid eligible persons, leaving hospitals with significant uncompensated costs("Medicaid shortfall");and WHEREAS, the State of Florida(the"State") has received federal authority to establish the Statewide Medicaid Managed Care hospital directed payment program (the"DPP") to offset hospitals' Medicaid shortfall and improve quality of care provided to Florida's Medicaid population;and WHEREAS,impacted Hospitals have asked Collier County (the"County")to impose an assessment upon certain real property owned by the Hospitals to help finance the non-federal share of the State's Medicaid program;and WHEREAS, the only properties to be assessed in these localities are the real property sites of such Hospitals;and WHEREAS, the County recognizes that one or more Hospitals within the County's boundaries may be located upon real property leased from governmental entities and that such Hospitals may be assessed because courts do not make distinctions on the application of special assessments based on "property interests" but rather on the distinction of the classifications of real property being assessed;and { Page 1 of 10 17A WHEREAS, the funding raised by the County assessment will, through intergovernmental transfers ("IGTs") provided consistent with federal guidelines, support additional funding for Medicaid payments to Hospitals to address the Medicaid shortfall;and WHEREAS, the County acknowledges that the Hospital properties assessed will benefit directly and especially from the assessment as a result of the above-described additional funding provided to said Hospitals;and WHEREAS, the County has determined that a logical relationship exists between the Medicaid services provided by the Hospitals,which will be supported by the assessment,and the special and particular benefit to the real property of the Hospitals;and WHEREAS, the County has an interest in promoting access to health care for its low- income and under-insured residents;and WHEREAS, leveraging additional federal support through the above-described I©Ts to fund payments to the Hospitals for health care services provided to Medicaid eligible persons directly and specifically benefits the Hospitals' properties and supports their continued ability to provide those services;and WHEREAS, imposing an assessment limited to Hospital properties to help fund the provision of Medicaid services and the achievement of certain quality standards by the Hospitals to residents of the County is a valid public purpose that benefits the health, safety,and welfare of the citizens of the County;and WHEREAS, the assessment ensures the financial stability and viability of the Hospitals providing Medicaid services;and WHEREAS, the Hospitals are important contributors to the overall County's economy, and the financial benefit to these Hospitals directly and specifically supports their mission, as well as their ability to grow, expand, and maintain their facilities in concert with the population growth in the jurisdiction of the County;and WHEREAS,the County finds the assessment will enhance the Hospitals' ability to grow, expand, maintain, improve and increase the value of their properties and facilities under all present circumstances and those of the foreseeable future;and WHEREAS, the County is proposing a properly apportioned assessment by which all Hospitals will be assessed a uniform amount that is compliant with 42 C.F.R. § 433.68(d);and WHEREAS, the adoption of this Ordinance will enable the County to levy a uniform non-ad valorem special assessment, which is fairly and reasonably apportioned among the Hospitals' properties within the County's jurisdictional limits,to establish and maintain a system of funding for IGTs to support the non-federal share of Medicaid payments that will directly and specially benefit Hospital properties. Page 2 of 10 cr O WHEREAS, for the first year of the assessment the County finds that the alternative method, as specified in § 197.3631, Fla. Stat., for the assessment and collection of the non-ad valorem special assessment is appropriate but in future tax years may elect to use the uniform method if approved by the Board. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: SECTION 1. Chapter 126 of the Collier County Code of Laws and Ordinances, is hereby amended,by adding a new Article VI as follows: Sec. 126-211. -Title This Article VI shall be known and may be cited as the "Collier County Local Provider Participation Fund Ordinance." Sec. 126-212. -Authority. Pursuant to Article VIII, Section 1(1 of the Constitution of the State of Florida and Florida Statutes 125, the Board is hereby authorized to impose a special assessment against private for- profit and not-for-profit hospitals located within the County to fund the non-federal share of Medicaid payments associated with Local Services. Sec. 126-213.-Purpose. The non-ad valorem special assessment authorized by this Article shall be imposed, levied, collected,and enforced against Assessed Properties located within the County.Proceeds from the Assessment shall be used to benefit Assessed Properties through enhanced Medicaid payments for Local Services. When imposed, the Assessment shall constitute a lien upon the Assessed Properties equal in rank and dignity with the liens of all state,county,district,or municipal taxes and other non-ad valorem assessments. Failure to pay may cause foreclosure proceedings,which could result in loss of title, to commence. The Assessment shall be computed and assessed only in the manner provided in this Ordinance. Sec. 126-214. -Alternative Method. This Ordinance shall be deemed to provide an additional and alternative method, as specified in § 197.3631, Fla. Stat., for the assessment and collection of the non-ad valorem special assessment described herein. The Ordinance shall be regarded as supplemental and additional to powers conferred by other laws and shall not be regarded as in derogation of any powers now existing or which may exist hereafter.This Ordinance,being necessary for the health,safety, and welfare of the inhabitants of the County, shall be liberally construed to effect the purposes hereof. 1 Sec. 126-215. -Definitions. Page 3 of 10 (' 17A When used in this Ordinance, the following terms shall have the meanings below, unless the context clearly requires otherwise: Annual Final Assessment Resolution means the resolution described in Sections 126-224 and 126-225 hereof, which shall be the final proceeding for the imposition of an Assessment, establishing the rate for the non-ad valorem assessment for a specific Fiscal Year. Assessed Property means an Institutional Health Care Provider holding a right of possession and right of use of real property in the County through an ownership or leasehold interest, thus making the property subject to the Assessment. Assessment means a non-ad valorem special assessment imposed by the County on Institutional Health Care Providers located in the County limits to fund the non-federal share of Medicaid and Medicaid managed care payments directed to hospitals providing Local Services in the County. Assessment Coordinator means the person appointed by the County Manager or designee to administer the Assessment imposed pursuant to this Article,or such person's designee. Assessment Resolution means the resolution described in Section 126-219 hereof. Board means the Board of County Commissioners of Collier County,Florida. County means Collier County,Florida. Fiscal Year means the period commencing on October 1 of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by law as the fiscal year for the County. Institutional Health Care Provider means a private for-profit or not-for-profit hospital that provides inpatient hospital services. Local Services means the provision of inpatient and outpatient hospital services to Medicaid, indigent, and uninsured members of the Collier County community. Non Ad Valorem Assessment Roll means the special assessment roll prepared by the County. Ordinance means the Collier County Local Provider Participation Fund Ordinance as it may be codified in Chapter 114 as Article VI in the Collier County Code of Laws and Ordinances. Tax Collector means the Collier County Tax Collector. Page 4of1O ( ! • 17A Sec. 126-216.-Interpretation. Unless the context indicates otherwise, the terms "hereof," hereby," «herein," «hereto," "hereunder"and similar terms refer to this Article. The term"hereafter"means after and the term "heretofore"means before the effective date of the Ordinance. Sec. 126-217. -Assessment. Pursuant to § 125.01, Fla. Stat., the Board is hereby authorized to create a non-ad valorem special assessment that shall be imposed, levied, collected, and enforced against Assessed Property to fund the non-federal share of Medicaid payments benefitting Assessed Properties providing Local Services in the County. Funds generated as a result of the Assessment shall be held in a separate account called the local provider participation fund and shall be available to be used only to: (1) provide to the Florida Agency for Health Care Administration the non-federal share for Medicaid payments to be made directly or indirectly in support of hospitals serving Medicaid beneficiaries and (2)reimburse the County for administrative costs associated with the implementation of the Assessment authorized by this Ordinance, as further specified in the Assessment Resolution, The Assessment will be broad based, and the amount of the Assessment must be uniformly imposed on each Assessed Property. The Assessment may not hold harmless any Institutional Health Care Provider, as required under 42 U.S.C. § 1396b(w). As set forth in Section 126-213, the Assessment shall constitute a lien upon the Assessed Properties equal in rank and dignity with the liens of all state, county, district, or municipal taxes and other non-ad valorem assessments. In addition to other remedies available at law or equity, the enforcement of the aforesaid Assessment shall be at the same time and in like manner as ad valorem taxes and subject to all ad valorem tax enforcement procedures afforded to the official annual real property tax notice, Creation and implementation of the Assessment will not result in any additional pecuniary obligation on the County, Board,or County residents. The Assessment shall be imposed, levied, collected, and enforced against only Assessed Properties, and the Assessment Resolution shall provide that the County's administrative costs shall be reimbursed from the collected amounts. The County's administrative costs shall not exceed$150,000. Any reasonable expenses the County incurs to collect delinquent assessments, including any attorney's fees incurred as a result of contracting with an attorney to represent the county in seeking and enforcing the collection of delinquent assessments, are not subject to the limitation on administrative costs. Sec. 126-218.-Computation of Assessment. The annual Assessment shall be specified for each Assessed Property. The Board shall set the Assessment in amounts that in the aggregate will generate sufficient revenue to fund the non- federal share of Medicaid payments associated with Local Services to be funded by the Assessment. Page 5 of 10 f i 1 ? A The amount of the Assessment required of each Assessed Property may not exceed an amount that, when added to the amount of other required assessments, equals an amount of revenue that exceeds the maximum percent of the aggregate net patient revenue of all Assessed Hospitals in the County permitted by 42 C.F.R. §433.68(f)(3)(i)(A). Assessments for each Assessed Property will be derived from data contained in the Florida Hospital Uniform Reporting System, as available from the Florida Agency for Health Care Administration. Sec. 126-219. -Assessment Resolution. The Assessment Resolution shall describe: (a)the Medicaid payments proposed for funding from proceeds of the Assessment; (b) the benefits to the Assessment Properties associated with the Assessment; (c) the methodology for computing the assessed amounts; and (d) the method of collection,including how and when the Assessment must paid. Sec. 126-220.-Non-Ad Valorem Assessment Roll. The Assessment Coordinator shall prepare, or direct the preparation of, the Non-Ad Valorem Assessment Roll,which shall contain the following: a) The names of the Assessed Properties;and b) The Assessment rate and amount of the Assessment to be imposed against each Assessed Property based on the Assessment Resolution. The Non-Ad Valorem Assessment Roll shall be retained by the Assessment Coordinator and shall be open to public inspection. The foregoing shall not be construed to require that the Assessment Roll be in printed form if the amount of the Assessment for each Assessed Property can be determined by use of a computer terminal available to the public. Sec. 126-221.-Notice by Publication. Upon completion of the Non-Ad Valorem Assessment Roll, the Assessment Coordinator shall publish once in a newspaper of general circulation within the County a notice stating that the Board, at a regular, adjourned, or special meeting on a certain day and hour, not earlier than 20 calendar days from such publication, will hear objections of all interested persons to approve the aforementioned Non-Ad Valorem Assessment Roll. Such notice shall include: a) The Assessment rate; b) The procedure for objecting to the Assessment rate; c) The method by which the Assessment will be collected;and d) A statement that the Non-Ad Valorem Special Assessment Roll is available for inspection at the Office of the Assessment Coordinator. Page 6 of 10 I 7 A Sec. 126-222.-Notice by Mail. In addition to the published notice required by Section 126-221, but only for the first fiscal year in which an Assessment is imposed by the Board against Assessed Properties, the Assessment Coordinator shall provide notice of the proposed Assessment by first class mail to the Assessed Properties. Such notice shall include: a) The purpose of the Assessment; b) The Assessment rate to be levied against each Assessed Property; c) The unit of measurement applied to determine the Assessment; d) The total revenue to be collected by the County from the Assessment; e) A statement that failure to pay the Assessment will cause a tax certificate to be issued against the property or foreclosure proceedings,either of which may result in a loss of title to the property; f) A statement that all affected and/or interested parties have a right to appear at the hearing and to file written objections with the Board within 20 days of the notice;and g) The date,time,and place of the hearing. Notice shall be mailed at least 20 calendar days prior to the hearing to each Assessed Property at such address as is shown on the Assessment Roll. Notice shall be deemed mailed upon delivery thereof to the possession of the United States Postal Service. The Assessment Coordinator may provide proof of such notice by affidavit. Failure of the Assessed Property to receive such notice, because of mistake or inadvertence, shall not affect the validity of the Assessment Roll or release or discharge any obligation for payment of the Assessment imposed by the Board pursuant to this Article. Sec. 126-223. -Adoption of Assessment Resolution and Non-Ad Valorem Assessment Roll. At the time named in the notice, the Board shall receive and consider any written objections of interested persons. All objections to the Assessment Resolution and Non-Ad Valorem Assessment Roll shall be made in writing and filed with the Assessment Coordinator at or before the time or adjourned time of such hearing. At the date and time named in the notice,the Board may adopt the Assessment Resolution and Non-Ad Valorem Assessment Roll which shall: a) Set the rate of the Assessment to be imposed; b) Approve the Non-Ad Valorem Assessment Roll,with such amendments as it deems just and right;and c) Affirm the method of collection. Page 7 of 10 Cl 1 1 7 A Sec. 126-224.-Annual Final Assessment Resolution. The Board may revise the Non-Ad Valorem Assessment Roll during the Fiscal Year to modify the Assessment rate. However, the Board must adopt an Annual Final Assessment Resolution during the Fiscal Year to memorialize the final rate applicable for the Fiscal Year. Sec. 126-225.-Effect of Annual Final Assessment Resolution. The adoption of the Annual Final Assessment Resolution shall be the final adjudication of the issues presented(including, but not limited to, the method of apportionment and Assessment,the Assessment rate, the initial rate of Assessment, the Non-Ad Valorem Assessment Roll, and the levy and lien of the Assessments), unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within 20 days from the date of Board action on the Annual Final Assessment Resolution. The Non-Ad Valorem Assessment Roll shall be delivered to the Tax Collector or such other official as the Board by resolution shall designate. Sec. 126-226. -Method of Collection. The amount of the assessment is to be collected pursuant to the Alternative Method, as specified in the Assessment Resolution. Sec. 126-227.-Refunds. If, at the end of the Fiscal Year, additional amounts remain in the local provider participation fund, the Board is hereby authorized to make refund to Assessed Properties in proportion to amounts paid in during the Fiscal Year for all or a portion of the unutilized local provider participation fund. Sec. 126-228.-Responsibility for Enforcement, The County and its agent, if any, shall maintain the duty to enforce the prompt collection of the Assessment by the means provided herein. The duties related to collection of assessments may be enforced at the suit of any holder of obligations in a court of competent jurisdiction by mandamus or other appropriate proceedings or actions. Sec. 126-229. -Correction of Errors and Omissions. No act of error or omission on the part of the Comptroller, Property Appraiser, Tax Collector, Assessment Coordinator, Board, or their deputies or employees shall operate to release or discharge any obligation for payment of the Assessment imposed by the Board under the provision of this Chapter. � 1 Page 8 of 10 17A SECTION 2. APPLICABILITY. It is hereby intended that this Ordinance shall constitute a uniform law applicable in all unincorporated areas of Collier County, Florida,and to all incorporated areas of Collier County where there is no existing conflict of law or municipal ordinance. SECTION 3. SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION 4. RESOLUTION OF CONFLICT OF LAWS. In all instances where Florida law, as evidenced by the Florida Administrative Code, Florida Statutes, applicable case law, or otherwise mandates standards or requirements that are stricter than the provisions of this Ordinance, or where a matter is addressed by Florida law that is not addressed by this Ordinance, then said law shall govern. In situations where this Ordinance addresses a matter in a manner that is stricter than that of Florida law, the provisions of this Ordinance shall control. SECTION 5. INCLUSION IN THE COLLIER COUNTY CODE. The provisions of this Ordinance shall be included and incorporated in the Collier County Code, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Collier County Code, once established. The word "ordinance" may be changed to "section," "article," or other appropriate word or phrase necessary to accomplish such intentions. SECTION 6. FILING OF ORDINANCE. In accordance with the provisions of§ 125.66, Fla. Stat.,a certified copy of this Ordinance shall be filed with the Florida Department of State. SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective July 1, 2021 unless the enabling legislation is not approved by the Governor of the State of Florida. PASSED AND 1JULY ADOPTED by the Board of County Commissioners of Collier County, Florida,this Ocjday of J Ul- ,2021. Page 9 of 10 17A ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K KINZEL,CLERK COLLIER O Y, FLORIDA By41j61)-- By: Attest as to Chairman's ,DEPUT PENNY TAYL ,CHAIRP SON signature only. Approved as to form and legality: Jenne r A.Bel edio 1 p Assistant County Atto e I j This ordinance f ±n>:r tutus Q is c^ f Secr •Lary of _,_cS day of and acknowledgement that filing received this --�-'--- a of By .. ; Dtput4 c erk, I i Page 10of10 CT;)- 1 1 A .A 11iill tr1fi p ,its •' ''VP :' FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M.LEE Governor Secretary of State July 1, 2021 Ms. Martha Vergara, BMR&VAB Senior Deputy Clerk Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite#401 Naples, Florida 34112 Dear Ms. Vergara: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2021-23, which was filed in this office on July 1, 2021. Sincerely, Anya Grosenbaugh Program Administrator AG/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270