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. 16- CZM- 00195/ 1236394/ 1] 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. 16- CZM- 00195/ 1236394/ 1] 30 Page 2 of 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. 16- CZM- 00195/ 1236394/ 1] 30 Page 3 of 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