pertaining to upcoming rules of FWC governing the speed and

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RESOLUTION NO. 2016- 31
A
RESOLUTION
COMMISSIONERS
OF
OF
THE
OF
COUNTY
COUNTY,
FLORIDA
BOARD
COLLIER
ESTABLISHING A LOCAL RULE REVIEW COMMITTEE
FOR MANATEE PROTECTION SPEED ZONES
WHEREAS, the creation of speed zones to regulate vessels in Collier County for
manatee protection is important in protecting the endangered Florida manatee; and,
WHEREAS, the Florida Fish
and
Wildlife Conservation Commission ( FWC) is the
primary agency responsible for creation of manatee protection speed zones in Collier County;
and,
WHEREAS, the FWC notified Collier County of its intention to consider new or
amended manatee protection rules in Collier County; and,
WHEREAS,
pursuant
to Florida Statute 379. 2431( 2)( f), proposed rules of the FWC
Commission shall be submitted to the counties in which the proposed rules will take effect for
review by local rule review committees; and,
WHEREAS,
pursuant
to
Florida
Statute
379.2431( 2)( f)8,
the
local
rule
review
committee shall have 60 days from receipt of the proposed rule to submit a written report to
FWC Commission members and staff; and,
WHEREAS, it is in the public interest and benefit to create such a committee.
NOW,
THEREFORE,
BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
A Local Rule Review Committee is hereby created by the Board of County
Commissioners for the sole purpose of reviewing and making recommendations to FWC
pertaining to upcoming rules of FWC governing the speed and operation of motorboats for
purposes of manatee protection in Collier County.
SECTION I.
A.
COMPOSITION AND TERMS OF OFFICE
APPOINTMENT
The Local Rule Review Committee
shall consist of
ten ( 10)
members.
As set forth in
F. S. 379. 2431( 2)( f)3, the Committee shall consist of an identical number of waterway
users, and manatee and other environmental advocates.
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30
Page 1 of 4
i, ,
Each
County
Commissioner
shall
nominate
two ( 2) members to the Committee, one
representing waterway user viewpoint and one representing an environmental advocate
viewpoint. Members shall serve without compensation.
B.
TERM OF OFFICE
The Local Rule Review Committee is a standing committee, to serve a one year term.
C.
QUALIFICATIONS
All members shall meet the general requirements of the Collier County Advisory Board
Ordinance ( Ord. 01- 55, as amended), with the ability to commit the time necessary to
Members
complete the rule review within the sixty- day time limit specified in statute.
must be waterway users, or manatee or other environmental advocates as required by
statute.
D.
REMOVAL AND VACANICES
All removal and vacancies shall be governed by the general requirements of the Collier
County Advisory Board Ordinance ( Ord. 01- 55, as amended).
E.
NON-VOTING PARTICIPANTS
Pursuant to F. S. 379.2431( 2)( f)4, the County shall invite other state, federal, county,
municipal or other local agency representatives to participate as non-voting members of
the Local Rule Review Committee.
SECTION II
OFFICERS,
RULES
OF
PROCEDURES,
MEETINGS,
VOTING
AND
RECORDS
A.
OFFICERS
Pursuant to F. S.
379. 2431 ( 2)( f)6, the Local Rule Review Committee shall elect a
Chairman and a Recording Secretary from its voting members.
1.
The Chairman shall be responsible for convening and adjourning
The
as observing Robert' s Rules of Order during meetings.
chairman shall also be responsible for designation of meeting times and space, with
the assistance of County Staff.
Chairman —
meetings
2.
as
well
The Secretary shall be responsible for review of the minutes as provided
by County staff and recording attendance of committee members and all others at the
Secretary -
meetings.
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4
B.
RULES OF PROCEDURES
1.
The Local Rule Review Committee shall adopt rules for the transaction of their
business; and shall conduct all meetings pursuant to the provisions of all applicable
Resolutions, and Ordinance provisions of the Board of County Commissioners.
Committee members will be subject to the Sunshine Law and public records
2.
requirements.
public records.
As such, all written materials, including email, will be treated as
Additionally, Committee members may not discuss matters that may
come before their Committee outside of the context of a properly noticed and
convened meeting.
C.
MEETINGS, VOTING AND RECORDS
The Local Rule Review Committee shall meet as many times as necessary in order to
produce the desired results prior to the sixty-day time limit placed upon it by Florida
Statute 379. 2431 ( 2)( f)2.
1.
All meetings of the Local Rule Review Committee shall be open to the public.
2.
County Staff shall record all proceedings of each meeting and distribute copies of the
minutes
according to
County
policy.
The elected committee Secretary shall be
responsible for review and approval of the minutes prior to dissemination.
SECTION III. DUTIES AND RESPONSIBILITIES
Pursuant to Florida Statutes 379. 2431( 2)( f),the Local Rule Review Committee shall have
the following duties and responsibilities:
A.
The Committee shall review all upcoming rules of FWC that propose to govern the speed
and operation of motorboats for purposes of manatee protection.
B.
The Committee shall have 60 days from the date of receipt of the proposed rule to submit
a written report to commission members and staff The Committee may use supporting
data supplied by the commission, as well as public testimony which may be collected by
the Committee, to develop the written report. The report may contain recommended
including
recommendation that no rule be adopted, if that is the decision of the Committee.
changes
C.
to
proposed
manatee
protection
zones
or
speed
zones,
a
In conducting a review of the proposed manatee protection rule, the Committee may
address such factors as whether the best available scientific information supports the
proposed rule, whether seasonal zones are warranted, and such other factors as may be
necessary to balance manatee protection and public access to and use of the waters being
regulated under the proposed rule.
D.
The
written report submitted
by
the Committee shall
contain a
majority
opinion.
majority opinion is not unanimous, then the minority opinion shall also be included.
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4
If the
SECTION IV. EFFECTIVE DATE
This Resolution shall become effective upon its adoption by the Board of County
Commissioners of Collier County.
THIS RESOLUTION ADOPTED
day
1- e bVlu:
of
c
`
1
De.
Attest
this
CLERK
COLLIER COUNTY, FLORIDA
r
By
y?;
rte,
_
vote
e .,
•
Mt;
as
signature only.
Approved as to form and legality:
eidi Ashton- Cicko
Managing Assistant County Attorney
30
410149
DONNA FIALA, Chairman
n`s
1 •
16- CZM- 00195/ 1236394/ 1]
91&
BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROOK;
By
majority
2016.
v1
ATTEST: , -
after motion, second and
Page 4
of
4
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