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09/22/2015 (CR) COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board(CRAB) Airport Authority Time Certain Item 11.A.: 11 a.m. ��► I I • r (4, • AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East,3rd Floor Naples FL 34112 September 22,2015 9:00 AM Commissioner Tim Nance,District 5-BCC Chair Commissioner Donna Fiala,District 1-BCC Vice-Chair; CRA Chair Commissioner Georgia Hiller,District 2 -Community&Economic Development Chair Commissioner Tom Henning,District 3 -PSCC Vice-Chair Commissioner Penny Taylor,District 4-TDC Chair; CRA Vice-Chair NOTICE:All persons wishing to speak on Agenda items must register prior to presentation of the Agenda item to be addressed.All registered speakers will receive up to three(3) minutes unless the time is adjusted by the chairman. Public Comment on General Topics not on the Current or Future Agenda to be heard no sooner than 1:00 p.m.,or at the conclusion of the agenda;whichever occurs first. Requests to address the Board on subjects which are not on this agenda must be submitted in writing with explanation to the County Manager at least 13 days prior to the date of the meeting and will be heard under "Public Petitions."Public petitions are limited to the presenter,with a maximum time of ten minutes. Any person who decides to appeal a decision of this Board will need a record of the proceeding 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 to be based. Collier County Ordinance No.2003-53 as amended by ordinance 2004-05 and 2007-24,requires that all lobbyists shall,before engaging in any lobbying activities (including but not limited to,addressing the Board of County Commissioners),register with the Clerk to the Board at the Board Minutes and Records Department. 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,the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 East Tamiami Trail,Suite 1,Naples,Florida,34112-5356, (239) 252-8380;assisted listening devices for the hearing impaired are available in the Facilities Management Division. Lunch Recess scheduled for 12:00 Noon to 1:00 P.M 1. INVOCATION AND PLEDGE OF ALLEGIANCE 1.A. Pastor Bob Scudieri - Faith Lutheran Church Pg. 1 2. AGENDA AND MINUTES 2.A. Approval of today's regular, consent and summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent agenda.) 2.B. August 29, 2015 — Special Meeting Tropical Storm Erika Meeting Minutes 3. SERVICE AWARDS 3.A. EMPLOYEE 3.A.1. 20 Year Attendees 3.A.1.a. June Dunfee Preston-DAS; Gloria Herrera- Growth Pg. 2 Management; Neil Maclarty-EMS; Joseph McLamma-Solid Waste; Linda Sujevich-Parks and Recreation 3.A.2. 30 Year Attendees 3.A.2.a. Alice Toppe-Risk Management Pg. 3 4. PROCLAMATIONS 4.A. Proclamation honoring Bentley Village for 30 years of business in Pg. 4 Collier County. To be accepted by Ann Walsh, Executive Director of Vi at Bentley Village, and Jordan Scardigno, Associate Executive Director of Vi at Bentley Village. 4.B. Proclamation recognizing the work of the PACE Center for Girls, Pg. 7 Collier and its Love That Dress! event, which has raised more than $245,000 for PACE and helps the organization fulfill its mission to provide girls and young women an opportunity for a better future through education, counseling, training and advocacy. To be accepted by Marianne Kearns, executive director of the Pace Center for Girls, Collier. CM: Motion to Approve 5. PRESENTATIONS 6. PUBLIC PETITIONS 6.A. Public Petition request from Ray Muslimani, President, NR Pg. 10 Contractors, Inc., requesting payment for rock excavation for Contract 14-6197 "Hammerhead and Designated Driveway Construction." 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA Item 7 to be heard no sooner than 1:00 pm unless otherwise noted. 8. BOARD OF ZONING APPEALS Item 8 to be heard no sooner than 1:30 pm unless otherwise noted. 9. ADVERTISED PUBLIC HEARINGS Item 9 to be heard no sooner than 1:30 pm unless otherwise noted. 10. BOARD OF COUNTY COMMISSIONERS 10.A. Recommendation to direct staff to take steps to improve public Pg. 28 outreach and information regarding Collier County Emergency Medical Services (EMS), with the goal of better informing citizens on how Emergency Medical Services are provided in Collier County. (Commissioner Nance) 10.B. Recommendation to designate Commissioner Tom Henning to Pg. 30 serve as BCC Liaison to the Independent Fire Districts. (Commissioner Nance) 10.C. Recommendation that the Board consider entering into an ALS Pg. 32 inter-local agreement with North Collier Fire and Rescue. (Commissioner Henning) 10.D. Recommendation to direct Staff to present a status report/update Pg. 66 on the operation of Collier County Emergency Medical Services (EMS). Report to include but not be limited to: 1.) Review of performance against adopted level of service standards (AUIR), 2.) Identification of areas of need across the county, if any, 3.) Recommendations on methodologies and options, including cost estimates, to improve performance and meet additional needs, including additional resources and options to continue the BCC sanctioned improvement program to close the gap in service between the Rural Standard (12 minute response time - AUIR) and the Urban Standard (8 minute response time -AUIR), and 4.) Identification of opportunities for increased coordination and cooperation between Collier County EMS and the Fire Districts. (Commissioner Nance) 10.E. That the Board of County Commissioners add as a Legislative Pg. 69 Priority an amendment to the County Administrator Statute which would end the dispute with the Clerk with respect to purchasing. (Commissioner Taylor) 11. COUNTY MANAGER'S REPORT 11.A. Recommendation to review and approve the proposed Collier Pg. 73 County 2016 State Legislative Priorities. (Tim Durham, Executive Manager Corporate Business Operations) 11.B. Recommendation to approve an amendment to Contract# 10-5455 Pg. 98 "Management Contract for the Collier County Area Transit (CAT) Fixed Route and Paratransit Program" with Keolis Transit America, Inc. extending the term of the contract up to one hundred and eighty (180) days (October 1, 2015 through March 25, 2016) and authorize the Chairman to sign the County Attorney reviewed amendment. (Michelle Arnold, Director Public Transit & Neighborhood Enhancement Division) 11.C. Recommendation to award Invitation to Bid (ITB) #15-6500 to DEC Pg. 110 Contracting Group, Inc. in the amount of$1,784,105 for the renovation of the buildings at 3750 Enterprise Avenue to accommodate the Supervisor of Elections Office and centralized storage, and authorize the Chairman to sign the attached contract. (Len Golden Price, Administrative Services) 11.D. Recommendation to award Invitation to Bid 15-6495 in the amount Pg. 116 of$922,200 to Harn R/O Systems, Inc. for the purchase and delivery of nano filtration membrane elements for the North County Regional Water Treatment Plant, Project No. 71057. This item is a companion to Items 11E and 11F. (Joe Bellone, Public Utilities Department Director) 11.E. Recommendation to award Invitation to Bid 15-6504 in the amount Pg. 161 of$290,400 to Harn RIO Systems, Inc. for the purchase and delivery of nano filtration membrane pressure vessels for the North County Regional Water Treatment Plant, Project No. 71057. This item is a companion to Items 11D and 11F. (Joe Bellone, Public Utilities Department Director) 11.F. Recommendation to award Invitation to Bid 15-6502 in the amount Pg. 197 of$1,996,155 to Harn RIO Systems, Inc. for the "North County Regional WaterTreatment Plant Membrane Replacement and Skid Improvements," Project No. 71057; and, authorize a budget amendment in the amount of$1,700,000. This item is a companion to Items 11D and 11E. (Joe Bellone, Public Utilities Department Director) 11.G. Recommendation to adopt a Resolution authorizing 1) the Pg. 293 issuance of the Collier County Water-Sewer District Water and Sewer Refunding Revenue Bond, Series 2015, in a principal amount not to exceed $18,000,000 to advance refund a portion of the Collier County Water-Sewer District Water and Sewer Revenue Bonds, Series 2006, to achieve debt service savings of approximately $1.18 million; 2) a negotiated sale of the Series 2015 Bond pursuant to the proposal of Bank of America, N.A.; 3) the execution and delivery of an escrow deposit agreement with The Bank of New York Mellon Trust Company, N.A.; and, 4) the execution and delivery of a rate lock agreement with Bank of America, N.A. (Joe Bellone, Public Utilities Department Director) 11.H. Recommendation to complete the Annual Performance Appraisal Pg. 346 for the County Manager. (Leo E. Ochs., Jr., County Manager) 11.1. Moved from 16.A.18. Recommendation to approve the award of Pg. 783 RFP #15-PRC-02910 15-6432 "Real Estate Appraisal Services" to the selected firms as set forth. (Commissioner Taylor's request). 12. COUNTY ATTORNEY'S REPORT 12.A. The Annual Performance Appraisal for the County Attorney. Pg. 416 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 14.A. AIRPORT 14.B. COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 15.A. Current BCC Workshop Schedule. Pg. 477 16. CONSENT AGENDA All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. 16.A. GROWTH MANAGEMENT DEPARTMENT 16.A.1. Recommendation to grant final approval of the private Pg. 479 roadway and drainage improvements for the final plat of Via Veneto Application Number AR-9668 with the roadway and drainage improvements being privately maintained and authorizing the release of the maintenance security. 16.A.2. Recommendation to grant final approval of the private Pg. 489 roadway and drainage improvements for the final plat of Moorgate Point, Application Number AR-7618 with the roadway and drainage improvements being privately maintained and authorizing the release of the maintenance security. 16.A.3. Recommendation to approve easement agreements for the Pg. 505 purchase of a Road Right-of-Way, Drainage and Utility Easement (Parcel 119RDUE), a Drainage Easement (Parcel 119DE) and a Temporary Bridge Construction Easement (Parcel 119TCE) required for the construction of a replacement bridge on White Boulevard over the Cypress Canal. (Transportation Bridge Replacement Program Project No. 66066.10.3.) Estimated fiscal impact: $9,200. 16.A.4. Recommendation to approve the conveyance of nine parcels Pg. 537 in fee simple and approve the assignment to and assumption of three easements to the Florida Department of Transportation, originally acquired by Collier County for roadway and related improvements on Davis Boulevard (SR 84) from Radio Road to Collier Boulevard, and approve the required Resolutions to effectuate such conveyance to the State. (Project No. 60073) Estimated Fiscal Impact: None. 16.A.5. Recommendation to approve an easement agreement for the Pg. 592 acquisition of a Drainage, Access and Maintenance Easement (Parcel 104DE) required pursuant to Collier County Ordinance No. 07-54 (a/k/a the "Tree Farm MPUD" Ordinance). Project#60132. (Estimated fiscal impact: $100) 16.A.6. Recommendation to approve final acceptance of the water Pg. 601 and sewer utility facilities for Lifestyle Center at Treviso Bay, PL20130000555, and authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of$16,288.20 to the Project Engineer or the Developer's designated agent. 16.A.7. Recommendation to approve the release of a code enforcement lien Pg. 611 with an accrued value of$24,230.13 for payment of$10,000,in the code enforcement action entitled Board of County Commissioners v. Federal National Mortgage Assn.,Code Enforcement Special Magistrate Case No.CEPM20140005429, relating to property located 612 at Charlemagne Blvd.,Collier County, Florida. 16.A.8. Recommendation to approve the release of a code Pg. 618 enforcement lien with an accrued value of$87,880.29 for payment of$530.29, in the code enforcement action entitled Board of County Commissioners v. Frank Paz, Code Enforcement Board Case No. CEAU20110005919, relating to property located at 125 2nd Street NE, Collier County, Florida. 16.A.9. Recommendation to approve the release of a code Pg. 627 enforcement lien with an accrued value of$129,512.47 for payment of$6,712.47, in the code enforcement action entitled Board of County Commissioners v. Rafael R. Gutierrez and Candida A. Gutierrez, Code Enforcement Special Magistrate Case No. CESD20110010453, relating to property located at 2497 55th Street SW, Collier County, Florida. 16.A.10. Recommendation to approve the release of a code Pg. 635 enforcement lien with an accrued value of$11,112.56 for payment of$562.56, in the code enforcement action entitled Board of County Commissioners v. Robert Godin and Isabelle Godin, Code Enforcement Special Magistrate Case No. CELU20120017531, relating to property located at 2625 47th Avenue NE, Collier County, Florida. 16.A.11. Recommendation to approve the release of a code Pg. 642 enforcement lien with a combined accrued value of $146,263.99 for payment of$364.14, in the code enforcement action entitled Board of County Commissioners v. Frank Fernandez, Code Enforcement Board Case No. 2006120290, relating to vacant parcel (Folio No. 39658240005), located in Collier County, Florida. 16.A.12. Recommendation to approve and authorize the Chairman to Pg. 649 execute a Master Funding Agreement with the Florida Department of Emergency Management for reimbursement of County wide damages incurred as a result of Tropical Storm Isaac. 16.A.13. Recommendation to approve the Second Amendment to Pg. 686 the MPO Staff Services Agreement extending the term through June 30, 2016. 16.A.14. Recommendation to recognize carryforward in the amount Pg. 707 of$7,187.02 to the Collier Metropolitan Planning Organization (MPO) Operating Fund 128, earned from the FY2014/15 Transportation Disadvantaged Planning Grant awarded by the Commission of the Transportation Disadvantaged (CTD) and received by the MPO and to approve all related necessary budget amendments. 16.A.15. Recommendation to reject all responses received for Pg. 710 Invitation to Bid 15-6467 for the Purchase and Installation of Mulch. 16.A.16. Recommendation to reject Invitation to Bid (ITB) #15-6491, Pg. 746 Irrigation Parts, Pumps, and Related Items. 16.A.17. Recommendation to award Contract No. 15-6372 for Pg. 780 "Verification Testing for Golden Gate Blvd. Design-Build" (the Project); to High Spans Engineering, Inc., for Project No. 60040. 16.A.18. Moved to 11.1. Recommendation to approve the award of Pg. 783 RFP #15-PRC-02910 15-6432 "Real Estate Appraisal Services" to the selected firms as set forth. (Commissioner Taylor's request). 16.A.19. Recommendation to approve easement agreements for the Pg. 956 purchase of a Road Right-of-Way, Drainage and Utility Easement (Parcel 124RDUE) and a Temporary Bridge Construction Easement (Parcel 124TCE) required for the construction of a replacement bridge on White Boulevard over the Cypress Canal. (Transportation Bridge Replacement Program Project No. 66066.10.3) Estimated fiscal impact: $10,980. 16.A.20. Recommendation to adopt a resolution decreasing the Pg. 983 regulatory assessment fee from three percent to two percent of gross revenues for nonexempt privately owned water and wastewater systems subject to local regulation, effective December 1, 2015, as approved by the Board of County Commissioners in the fiscal year 2016 budget and as approved by the Collier County Water and Wastewater Authority. 16.A.21. Recommendation to approve Invitation to Bid (ITB) 15-6472 Pg. 989 "Background Check Services" received from Azura Investigations. 16.A.22. Recommendation to adopt a Resolution to hold a public Pg. 1001 hearing to consider vacating the 30-foot Road Right-of- Way, Utility and Drainage easement as recorded in Official Record Book 444, pages 398 and 399 of the Public Records of Collier County, Florida, located in Section 34, Township 48 South, Range 25 East, Collier County, Florida. (VAC- PL20150001456) 16.A.23. Recommendation to approve Petition VAC-PL20150001563, Pg. 1026 to quitclaim and release the County's interest in the 30-foot strip of land described as a right-of-way easement as recorded in Official Record Book 80, Page 247 of the Public Records of Collier County, Florida, located in Section 30, Township 49 South, Range 27 East, Collier County, Florida. 16.A.24. Recommendation to accept a donation in the amount of Pg. 1035 $110,500 from the Community Foundation of Collier County to fund additional artificial reefs under the County's Artificial Reef Program, authorize expenditure of these funds, approve naming rights, and approve a budget amendment to recognize the revenue. 16.A.25. Recommendation to review and approve the Collier County Pg. 1042 Floodplain Management Plan 2014 Progress Report and the Proposed Action Plan for 2015. 16.B. COMMUNITY REDEVELOPMENT AGENCY 16.B.1. Recommendation to authorize staff to advertise an Pg. 1077 amendment to Ordinance 97-82, as amended, which created the Bayshore Beautification Municipal Service Taxing Unit, to expand the district boundary to include County owned right-of-way identified for the purpose of constructing pedestrian streetscape improvements within the right-of- way along Thomasson Drive and bring back the proposed ordinance for public hearing. 16.C. PUBLIC UTILITIES DEPARTMENT 16.C.1. Recommendation to approve the annual rate resolution to Pg. 1097 establish the fees, rates, and charges for the use of Collier County Solid Waste Facilities, including landfill tipping fees, recycling drop-off center fees, and residential multi-family and commercial waste collection fees for FY16. This resolution adopts the rates that fund the FY16 budget for solid waste collection and disposal. 16.C.2. Recommendation to approve a $259,064.90 work order to Pg. 1118 Quality Enterprises USA, Inc., under Request for Quotation 14-6213-41 for effluent filtration media replacement under South County Water Reclamation Facility Technical Support Project Number 73969; and, authorize the necessary budget amendment. 16.D. PUBLIC SERVICES DIVISION 16.D.1. Recommendation to accept the Retired and Senior Volunteer Pg. 1131 Program (RSVP) grant and approve budget amendments in the amount of$3,900 for a cumulative grant total of$57,522 for the operation of the Retired and Senior Volunteer Program from the Corporation for National and Community Service. 16.D.2. Recommendation to approve the five-year update of the Pg. 1144 Final Management Plan for the Conservation Collier Red Root Preserve. 16.D.3. Recommendation to approve sixteen mortgage Pg. 1202 satisfactions for the State Housing Initiatives Partnership loan program in the combined amount of$136,417.52. 16.D.4. Recommendation to approve four State Housing Initiatives Pg. 1280 Partnership Program releases of lien in the amount of $38,956.37 for owner occupied affordable housing dwelling units where the obligation has been repaid in full. 16.D.5. Recommendation to approve two releases of liens for full Pg. 1320 payment of a deferral of 100 percent of a countywide impact fee for owner occupied affordable housing dwelling unit. 16.D.6. Recommendation to approve second amendment to the Pg. 1342 subrecipient agreement with Youth Haven Inc., for the Safe and Secure Home for Collier Youth Phase II & Ill, shifting Community Development Block Grant funding and clarifying milestones deadline requirements. 16.D.7. Recommendation to approve Second Amendments to Pg. 1400 Agreements with Habitat for Humanity of Collier County for the Community Development Block Grant Roof Repair/Replacement Project; United Cerebral Palsy of Southwest Florida for the Transportation Services Project; and Community Assisted and Supported Living, Inc. for the HOME Investment Partnership Program Rehabilitation of Multi-Family Properties Project in order to extend their completion dates. 16.D.8. Recommendation to approve the FY2015/2016 State Aid to Pg. 1546 Libraries Grant Agreement, Technology Plan, and Current Year Action Plan, authorizing the Collier County Public Library to apply for State Aid to Libraries in the estimated amount of$217,005. 16.D.9. Recommendation to recognize FY 2015/2016 State Public Pg. 1584 Transit Block Grant additional revenue up to $896,635, authorize the Public Services Department Head to execute the notification of funding award and approved appropriate budget amendment to prevent delay of the use of grant funds for the Collier Area Transit system. 16.D.10. Recommendation to approve proposed route modifications Pg. 1588 and New Seasonal Schedule within the Collier Area Transit system. 16.D.11. Recommendation to authorize execution of the grant award Pg. 1606 for the Federal Transit Administration 49 U.S.C. § 5307 FY15 grant award in the amount of$2,848,065 and appropriate a budget amendment to allow continuous operation of the Collier Area Transit system prior to the execution of said grant award. 16.D.12. Recommendation to approve the Collier County University Pg. 1615 Extension Division's request for funding from the Collier County 4-H Association in the amount of$64,880; approve a subsequent acceptance of requested funds; authorize the Chairman to sign a Memorandum of Understanding with Collier County 4-H Association; and authorize the necessary Budget Amendment. 16.D.13. Recommendation to approve an agreement with the David Pg. 1620 Lawrence Mental Health Center to govern the allocation of the state mandated match amount in the FY 16 budget ($1,154,000) and also to allocate additional funds in the amount of$230,800 to fill a funding gap due to state non- funding of the AHCA Medicaid match programs for a total of$1,384,800. 16.E. ADMINISTRATIVE SERVICES DEPARTMENT 16.E.1. Recommendation to approve and authorize the Chair to Pg. 1642 execute the Fourth Amendment to the Agreement for Medical Examiner Services (Contract No. 11-5776 Medical Examiner) extending the term of the Agreement to September 30, 2016 and clarifying maintenance expense responsibilities. 16.E.2. Recommendation to award Invitation to Bid #15-6479, Gillig Pg. 1659 Bus Parts, to Gillig Corporation for supply of Original Equipment Manufacturer (OEM) and non-OEM parts to maintain and repair the County's Gillig bus fleet. 16.E.3. Recommendation to award Invitation to Bid #15-6497, Pg. 1726 International Truck Parts, to Wallace International Trucks, Inc., for supply of Original Equipment Manufacturer (OEM) and non-OEM parts to maintain and repair the County's International truck fleet. 16.E.4. Recommendation to award RFP#15-6426, Group Insurance Pg. 1793 Brokerage and Actuarial Services to Willis of Florida, Inc. 16.E.5. Recommendation to approve the Collier County Group Pg. 1876 Health, Dental, Health Reimbursement Arrangement and Flexible Benefit Arrangement Plan Documents effective January 1, 2016. 16.E.6. Recommendation to approve a Lease Agreement with Roger Pg. 1880 Carvallo for office space to be utilized by the Health Department. 16.E.7. Recommendation to approve a Third Amendment to License Pg. 1889 Agreement with St. Matthew's House, Inc., for the continued use of parking spaces at the Government Center. 16.E.8. Recommendation to exercise the renewal option under the Pg. 1900 agreement for Collier County Emergency Services Medical Director for a period of one year in accordance with the terms of the contract. 16.E.9. This item requires that ex parte disclosure be provided by Pg. 1912 Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to renew the annual Certificate of Public Convenience and Necessity (COPCN) for Ambitrans Medical Transport, Inc. to provide Class 2 Advanced Life Support (ALS) inter-facility transport ambulance service for a period of one year. 16.E.10. Recommendation to waive competition; approve the Pg. 1938 procurement of the training programs for staff; and, authorize the County Manager or designee to execute the contract with the Florida Gulf Coast University (as provided by the Florida Institute of Government). 16.E.11. Recommendation to approve and adopt a Resolution Pg. 1943 approving the Pay and Classification Plans for the County Manager's Agency and County Attorney's Office effective October 1, 2015 and to provide a general wage adjustment effective October 3, 2015 for eligible employees. 16.F. COUNTY MANAGER OPERATIONS 16.F.1. Recommendation to approve Request for Proposal 15-6444 Pg. 1962 Federal Lobbyist with Becker & Poliakoff, P.A. and authorize the Chairman to execute the contract after review by the County Attorney. 16.F.2. Recommendation to adopt a resolution approving amendments Pg. 2032 (appropriating grants, donations, contributions or insurance proceeds)to the Fiscal Year 2014-15 Adopted Budget 16.F.3. Recommendation to approve a report covering budget Pg. 2036 amendments impacting reserves and moving funds in an amount up to and including $25,000 and $50,000, respectively. 16.F.4. Recommendation that the Board of County Commissioners Pg. 2039 reviews and approves the proposed FY2016 Action Plan for Leo E. Ochs, Jr., County Manager. 16.G. AIRPORT AUTHORITY 16.H. BOARD OF COUNTY COMMISSIONERS 16.H.1. Recommendation to appoint two members to the Golden Pg. 2043 Gate Beautification Advisory Committee. 16.H.2. Proclamation designating September 2015 as Childhood Pg. 2056 Cancer Awareness Month. This proclamation will be sent by mail to the recipient, Steven Firestein, Founder, American Cancer Fund for Children, Inc. and Kids Cancer Connection, Inc. 16.H.3. Recommendation to appoint a member to the Golden Gate Pg. 2058 Estates Land Trust Committee. 16.H.4. Recommendation to approve a Resolution in support of the Pg. 2067 2016 Legislative budget request made by the UF/IFAS and the South Florida Ag Council for continued funding of the Southwest Florida Research and Education Center, and to distribute resolution in the manner set forth 16.1. MISCELLANEOUS CORRESPONDENCE 16.1.1. Miscellaneous Correspondence Pg. 2085 16.J. OTHER CONSTITUTIONAL OFFICERS 16.J.1. Recommendation to approve an agreement authorizing the Pg. 2128 Collier County Supervisor of Elections to accept federal election activities funds with a 15% matching contribution and to authorize the Board Chairman to sign the Certificate Regarding Matching Funds and Certificate of Equipment for Casting and Counting Ballots. 16.J.2. Tax Collector request for advance commissions in Pg. 2157 accordance with Florida Statute 192.102(1) for FY 2016. 16.J.3. To record in the minutes of the Board of County Pg. 2159 Commissioners, the check number (or other payment method), amount, payee, and purpose for which the referenced disbursements were drawn for the periods between August 27 and September 9, 2015 pursuant to Florida Statute 136.06. 16.K. COUNTY ATTORNEY 16.K.1. Recommendation to approve the hiring of Larry Gendzier, Pg. 2257 Esq. for mediation services in the eminent domain case styled Collier County v. Grover C. Woody, Ill, et al, Case No. 15-CA-199, now pending in the Twentieth Judicial Circuit Court for Collier County, Florida, and authorize the County Attorney to retain Mr. Gendzier for future mediations under the terms of the attached letter (Golden Gate Boulevard Road Widening project# 60040). 16.K.2. Recommendation to approve a Joint Motion and Final Pg. 2263 Judgment for Parcel No. 265RDUE in the lawsuit styled Collier County v. Ganash Rajaram, et al., Case No. 15-CA- 379 for the Golden Gate Boulevard widening project, Project No. 60040. (Fiscal Impact $55,135.50) 16.K.3. Recommendation to authorize an increase to the purchase Pg. 2273 order for Nabors, Giblin & Nickerson, P.A. ("Nabors Giblin") relating to legal services in the case of Collier County v. Orange Tree Utility Co., et al, Case No. 2014-CA-001434 and all work related to concluding the acquisition and integration of the Orange Tree Utility Company into the Collier County Water-Sewer District. 16.K.4. Recommendation to designate Commissioner Tim Nance to Pg. 2276 attend the September 25, 2015 mediation relating to Dwight E. Brock, Clerk of Courts v. Leo E. Ochs, Jr., et al - Case No. 2015-CA-00595, as a Collier County representative. 16.K.5. Recommendation to approve a Settlement Agreement in the Pg. 2282 sum of$55,000 and direct the County Attorney to file all documents necessary to end with prejudice the lawsuit styled Cheryl Wilson-Watson v. Collier County Board of County Commissioners, Case No. 2:14-cv-749-FtM-29CM now pending in the United States District Court, Middle District of Florida Fort Myers Division. (Fiscal Impact: $55,000). 16.K.6. Recommendation to authorize the County Attorney to accept Pg. 2289 the settlement offer of$7,731.79, and to authorize the Chairman to execute a Release for property damage, in the lawsuit styled Collier County Board of County Commissioners, Collier County, Florida v. Michael H. Chalfin and Tyler R. Chalfin, filed in the County Court of the Twentieth Judicial Circuit, in and for Collier County, Florida, case number 2014-CC-1729-001 16.K.7. Recommendation that the Board of County Commissioners Pg. 2293 reviews and approves the proposed FY 2015 - 2016 Action Plan for Jeffrey A. Klatzkow, County Attorney. 17. SUMMARY AGENDA This section is for advertised public hearings and must meet the following criteria: 1) A recommendation for approval from staff; 2) Unanimous recommendation for approval by the Collier County Planning Commission or other authorizing agencies of all members present and voting; 3) No written or oral objections to the item received by staff, the Collier County Planning Commission, other authorizing agencies or the Board, prior to the commencement of the BCC meeting on which the items are scheduled to be heard; and 4) No individuals are registered to speak in opposition to the item. For those items which are quasi-judicial in nature, all participants must be sworn in. 17.A. This item requires that ex parte disclosure be provided by Pg. 2298 Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a Resolution amending Development Order 84-1, as amended, for the TollGate Commercial Center Development of Regional Impact by providing for: Section One, Amendments to Development Order by amending the Master Development Plan to convert Lots 16 through 20, comprising 8.93± acres of property from Commercial to Commercial/Light Industrial; Section Two, Findings of Fact; Section Three, Conclusions of Law; and Section Four, Effect of Previously Issued Development Orders, Transmittal to Department of Economic Opportunity and Effective Date. The subject property is located at the intersection of Collier Boulevard and Beck Boulevard in Section 35, Township 49 South, Range 26 East and Section 2, Township 50 South, Range 26 East, Collier County, Florida (Petition DOA-PL20150000545 companion item to PUDA-PL20150000281). 17.B. This item requires that disclosure be provided by Commission Pg. 2338 CM: Requires members. Should a hearing be held on this item, all participants Supermajority are required to be sworn in. Recommendation to approve an Vote Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 92-10, as amended, the Tollgate Commercial Center Planned Unit Development (PUD), by amending the PUD Master Plan to convert Lots 16 through 20 as shown on the PUD Master Plan from Commercial to Commercial/Light Industrial; and providing an effective date. The subject property is located at the intersection of Collier Boulevard (CR-951) and Beck Boulevard in Section 35, Township 49 South, Range 26 East, and Section 2, Township 50 South, Range 26 East, Collier County, Florida. [PUDA-PL20150000281, companion item to DOA-PL20150000545]. 17.C. This item requires that ex parte disclosure be provided by Pg. 2439 Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC-PL20150001516 to vacate a portion of the 25- foot drainage easement being a part of Lot 4, Nature Pointe, as recorded in Plat Book 20, pages 20 through 22, of the public records of Collier County, Florida, also being a part of Section 35, Township 49 South, Range 25 East, Collier County, Florida, being more specifically shown in Exhibit A. 17.D. This item has been continued to the October 13, 2015 BCC Pg. 2487 meeting. This item requires that ex parte disclosure be provided CM: Requires by Commission members. Should a hearing be held on this item, Supermajority all participants are required to be sworn in. Recommendation to Vote approve an Ordinance amending Ordinance Number 08-41, the First Assembly Ministries Education & Rehabilitation Campus MPUD, as amended, to remove two-family dwellings from permitted principal uses, and add detached and attached garages, and daycare services for children to permitted accessory uses in Tract G; to reduce the minimum floor area for multi-family dwelling units from 850 square feet to 800 square feet; to remove the prohibition on one bedroom non-church-related dwelling units; to add a cross reference to a new Essential Services Personnel Housing Agreement; to remove affordable housing developer commitments and transfer them to the new Essential Services Personnel Housing Agreement; to add new design standards for residential development on Tract G; to add a new transportation developer commitment relating to reservation of right-of-way along the southern portion of the PUD; to add a new planning developer commitment relating to disclosure of Swamp Buggy Races; and to revise the PUD Master Plan to relocate the existing access point near the southeast corner of the property to align with the entry for the Lord's Way RPUD to the south for the PUD property consisting of 69± acres located on the east side of Collier Blvd. (C.R. 951), approximately 1/2 mile north of Rattlesnake-Hammock Rd. (C.R. 864), in Section 14, Township 50 South, Range 26 East, Collier County, Florida; and by providing an effective date. (Petition Number PUDA-PL20140002461). 17.E. Recommendation to adopt an Ordinance amending the Board's Pg. 2488 Meeting Ordinance (Ordinance No. 75-16, as amended), to provide for Electronic Meetings when a quorum of the Board is unable to meet at the Collier County Government Center due to extraordinary circumstances. 17.F. Recommendation to adopt an Ordinance amending Section Fifteen Pg. 2498 of the Board's Purchasing Ordinance (Ordinance No. 2013-69, as amended), to conform the County's Preference to Local Businesses in County contracts to recent changes in Florida law. 17.G. Recommendation to adopt an Ordinance, that effective January 1, Pg. 2508 2016, would allow the County to enforce the posting of public awareness signs at adult entertainment and massage/bodywork establishments alerting employees and patrons to remedies and protections related to human trafficking. 17.H. Recommendation to adopt a resolution approving amendments Pg. 2518 (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2015-16 Adopted Budget. 18. ADJOURN Inquiries concerning changes to the Board's Agenda should be made to the County Manager's Office at 252-8383. XI CDZ C D 13 2 a CO C/) CO CD C = v C 0. c C = cq W CO n = C7 -° m 0 m � p- zzi t CD r r 0 ! rp. m m z = O (-) ! m cn OO z (n D mC lZ mnz omz tiJ ` 0 -vO -I c70nm 2 Viz - , C m Ozzo moz cD 0 z mm m O z z TI Dr 0 m Cn > m 0 p O 1 r- z r O 0 n D - = o (12 Z � „ z = -< �w Com, CD -a 0 _1 = 0 r m O � mm > D CZ, o DOr C7 N -0 C DO-1 � 7mq < � Cl)Civ = O = m =. 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M -n n -< 0 m all -1 O20 O = zo a O = = C mOoJ = 00 C) no = M -n -I DJ z 0 a 0 O 0O - m 71-I -° c m = -' m H C'� O r- -1 Woo -I O � cn > � o a * m O zoo U) 1- -i D -�-ioo O I mD P2r1 cm D " m kAn �� m mm 0 � mm 3> rn cn DJ cn O m o * p o0 = C� • > m m mm - \� z mz V) noon —I mD V) TO .‘ c' n� r 2) = O 0 nna \� mm -0 m x' p rr- 0z r X00 k m m co r EI 03 -< m 2 � 0 - ` m z EE 0 -< z 2 O D 33 \ iA r2,415 Florida Senate - 2016 SB 318 By Senator Richter 23-00190B-16 2016318 1 A bill to be entitled 2 An act relating to the regulation of oil and gas 3 resources; amending s. 377 . 06, F. S. ; preempting the 4 regulation of all matters relating to the exploration, 5 development, production, processing, storage, and 6 transportation of oil and gas; declaring existing 7 ordinances and regulations relating thereto void; 8 providing an exception for certain zoning ordinances; 9 amending s . 377 . 19, F. S . ; applying the definitions of 10 certain terms to additional sections of ch. 377, F. S. ; 11 revising the definition of the term "division"; 12 conforming a cross-reference; defining the term "high- 13 pressure well stimulation"; amending s . 377 . 22, F. S . ; 14 revising the rulemaking authority of the Department of 15 Environmental Protection; amending s. 377 . 24, F.S . ; 16 requiring that a permit be obtained before the 17 performance of a high-pressure well stimulation; 18 specifying that a permit may authorize single or 19 multiple activities; deleting provisions that prohibit 20 the Division of Water Resource Management from 21 granting permits to drill gas or oil wells within the 22 limits of a municipality without approval of the 23 governing authority of the municipality; prohibiting 24 the department from approving permits for high- 25 pressure well stimulation until certain rules are 26 adopted; amending s . 377 . 241, F.S . ; requiring the 27 Division of Water Resource Management to give 28 consideration to and be guided by certain additional 29 criteria when issuing permits; amending s . 377 . 242, Page 1 of 27 CODING: Words strickcn are deletions; words underlined are additions . Florida Senate - 2016 SB 318 .1(* 23-00190B-16 2016318 30 F. S. ; authorizing the department to issue permits for 31 the performance of a high-pressure well stimulation; 32 revising permit requirements that permitholders agree 33 not to prevent division inspections; amending s . 34 377 . 2425, F. S . ; requiring an applicant or operator to 35 provide surety that performance of a high-pressure 36 well stimulation will be conducted in a safe and 37 environmentally compatible manner; creating s . 38 377 . 2436, F. S . ; requiring the department to conduct a 39 study on high-pressure well stimulation; providing 40 study criteria; requiring the study to be submitted to 41 the Governor and Legislature and posted on the 42 department website; amending s . 377 . 37, F. S. ; 43 increasing the maximum amount of a civil penalty; 44 creating s . 377 . 45, F. S. ; requiring the department to 45 designate the national chemical disclosure registry as 46 the state' s registry; requiring service providers, 47 vendors, and well owners or operators to report 48 certain information to the department; requiring the 49 department to report certain information to the 50 national chemical registry; providing applicability; 51 requiring the department to adopt rules; amending ss . 52 377 . 07, 377 . 10, 377 . 243, and 377 . 244, F. S . ; making 53 technical changes; conforming provisions to changes 54 made by the act; providing an appropriation; providing 55 an effective date. 56 57 Be It Enacted by the Legislature of the State of Florida: 58 Page 2 of 27 CODING: Words strickcn are deletions; words underlined are additions . Florida Senate - 2016 SB 318 t\ c °i ah; 23-00190B-16 2016318 59 Section 1 . Section 377 . 06, Florida Statutes, is amended to 60 read: 61 377 . 06 Public policy of state concerning natural resources 62 of oil and gas; preemption.- 63 (1) It is - - -o . o-- _ -o the public policy of this state 64 to conserve and control the natural resources of oil and gas in 65 this state, and the products made from oil and gas in this 66 state; to prevent waste of natural resources; to provide for the 67 protection and adjustment of the correlative rights of the 68 owners of the land in which the natural resources lie, of the 69 owners and producers of oil and gas resources and the products 70 made from oil and gas, and of others interested in these 71 resources and products; and to safeguard the health, property, 72 and public welfare of the residents of this state and other 73 interested persons and for all purposes indicated by the 74 provisions in this section. 75 (2) Further, It is the public policy of this state declared 76 that underground storage of natural gas is in the public 77 interest because underground storage promotes conservation of 78 natural gas,* makes gas more readily available to the domestic, 79 commercial, and industrial consumers of this state, ;— and allows 80 the accumulation of large quantities of gas in reserve for 81 orderly withdrawal during emergencies or periods of peak demand. 82 It is not the intention of this section to limit, restrict, or 83 modify in any way the provisions of this law. 84 (3) The Legislature declares that all matters relating to 85 the regulation of the exploration, development, production, 86 processing, storage, and transportation of oil and gas are 87 preempted to the state, to the exclusion of all existing and Page 3 of 27 CODING: Words stricken are deletions; words underlined are additions . Florida Senate - 2016 SB 318 0111?$ 23-00190B-16 2016318 88 future ordinances or regulations relating thereto adopted by any 89 county, municipality, or other political subdivision of the 90 state. Any such existing ordinance or regulation is void. A 91 county or municipality may, however, enforce an existing zoning 92 ordinance adopted before January 1, 2015, if the ordinance is 93 otherwise valid. 94 Section 2 . Section 377 . 19, Florida Statutes, is amended to 95 read: 96 377 . 19 Definitions .—As used in ss . 377 . 06, 377 . 07, and 97 377 . 10-377 . 45 377 . 10 377 . 40, the term: 98 (1) "Completion date" means the day, month, and year that a 99 new productive well, a previously shut-in well, or a temporarily 100 abandoned well is completed, repaired, or recompleted and the 101 operator begins producing oil or gas in commercial quantities . 102 (2) "Department" means the Department of Environmental 103 Protection. 104 (3) "Division" means the Division of Water Resource 105 Management of the Department of Environmental Protection. 106 (4) "Field" means the general area that is underlaid, or 107 appears to be underlaid, by at least one pool . The term includes 108 the underground reservoir, or reservoirs, containing oil or gas, 109 or both. The terms "field" and "pool" mean the same thing if 110 only one underground reservoir is involved; however, the term 111 "field, " unlike the term "pool, " may relate to two or more 112 pools . 113 (5) "Gas" means all natural gas, including casinghead gas, 114 and all other hydrocarbons not defined as oil in subsection (16) 115 (15) . 116 (6) "High-pressure well stimulation" means all stages of a Page 4 of 27 CODING: Words ctrickcn are deletions; words underlined are additions . Florida Senate - 2016 SB 318 i‘ 23-00190B-16 2016318 117 well intervention performed by injecting fluids into a rock 118 formation at high pressure that exceeds the fracture gradient of 119 the rock formation in order to propagate fractures in such 120 formation to increase production at an oil or gas well by 121 improving the flow of hydrocarbons from the formation into the 122 wellbore. The term does not include well stimulation or 123 conventional workover procedures that may incidentally fracture 124 the formation near the wellbore. 125 (7) (6) "Horizontal well" means a well completed with the 126 wellbore in a horizontal or nearly horizontal orientation within 127 10 degrees of horizontal within the producing formation. 128 (8) (7) "Illegal gas" means gas that has been produced 129 within the state from any well or wells in excess of the amount 130 allowed by any rule, regulation, or order of the division, as 131 distinguished from gas produced within the State of Florida from 132 a well not producing in excess of the amount so allowed, which 133 is "legal gas . " 134 (9) (8) "Illegal oil" means oil that has been produced 135 within the state from any well or wells in excess of the amount 136 allowed by rule, regulation, or order of the division, as 137 distinguished from oil produced within the state from a well not 138 producing in excess of the amount so allowed, which is "legal 139 oil. " 140 (10)4-9-} "Illegal product" means a product of oil or gas, 141 any part of which was processed or derived, in whole or in part, 142 from illegal gas or illegal oil or from any product thereof, as 143 distinguished from "legal product, " which is a product processed 144 or derived to no extent from illegal oil or illegal gas . 145 (11) (10) "Lateral storage reservoir boundary" means the Page 5 of 27 CODING: Words stricken are deletions; words underlined are additions . Florida Senate - 2016 SB 318 1Y 23-00190B-16 2016318 146 projection up to the land surface of the maximum horizontal 147 extent of the gas volume contained in a natural gas storage 148 reservoir. 149 (12) (11) "Native gas" means gas that occurs naturally 150 within this state and does not include gas produced outside the 151 state, transported to this state, and injected into a permitted 152 natural gas storage facility. 153 (13) (12) "Natural gas storage facility" means an 154 underground reservoir from which oil or gas has previously been 155 produced and which is used or to be used for the underground 156 storage of natural gas, and any surface or subsurface structure, 157 or infrastructure, except wells . The term also includes a right 158 or appurtenance necessary or useful in the operation of the 159 facility for the underground storage of natural gas, including 160 any necessary or reasonable reservoir protective area as 161 designated for the purpose of ensuring the safe operation of the 162 storage of natural gas or protecting the natural gas storage 163 facility from pollution, invasion, escape, or migration of gas, 164 or any subsequent extension thereof. The term does not mean a 165 transmission, distribution, or gathering pipeline or system that 166 is not used primarily as integral piping for a natural gas 167 storage facility. 168 (14) (13) "Natural gas storage reservoir" means a pool or 169 field from which gas or oil has previously been produced and 170 which is suitable for or capable of being made suitable for the 171 injection, storage, and recovery of gas, as identified in a 172 permit application submitted to the department under s . 173 377 . 2407 . 174 (15) (14) "New field well" means an oil or gas well Page 6 of 27 CODING: Words ctrickcn are deletions; words underlined are additions . 9 ` /15 Florida Senate - 2016 SB 318 23-00190B-16 2016318 175 completed after July 1, 1997, in a new field as designated by 176 the Department of Environmental Protection. 177 (16) (15) "Oil" means crude petroleum oil and other 178 hydrocarbons, regardless of gravity, which are produced at the 179 well in liquid form by ordinary production methods, and which 180 are not the result of condensation of gas after it leaves the 181 reservoir. 182 (17) (16) "Oil and gas" has the same meaning as the term 183 "oil or gas . " 184 (18) (17) "Oil and gas administrator" means the State 185 Geologist. 186 (19) (18) "Operator" means the entity who: 187 (a) Has the right to drill and to produce a well; or 188 (b) As part of a natural gas storage facility, injects, or 189 is engaged in the work of preparing to inject, gas into a 190 natural gas storage reservoir; or stores gas in, or removes gas 191 from, a natural gas storage reservoir. 192 (20) (19) "Owner" means the person who has the right to 193 drill into and to produce from any pool and to appropriate the 194 production for the person or for the person and another, or 195 others . 196 (21) (20) "Person" means a natural person, corporation, 197 association, partnership, receiver, trustee, guardian, executor, 198 administrator, fiduciary, or representative of any kind. 199 (22) (21) "Pool" means an underground reservoir containing 200 or appearing to contain a common accumulation of oil or gas or 201 both. Each zone of a general structure which is completely 202 separated from any other zone on the structure is considered a 203 separate pool as used herein. Page 7 of 27 CODING: Words stricken are deletions; words underlined are additions . 01/(5 110( Florida Senate - 2016 SB 318 23-00190B-16 2016318 204 (23) (22) "Producer" means the owner or operator of a well 205 or wells capable of producing oil or gas, or both. 206 (24) (23) "Product" means a commodity made from oil or gas 207 and includes refined crude oil, crude tops, topped crude, 208 processed crude petroleum, residue from crude petroleum, 209 cracking stock, uncracked fuel oil, fuel oil, treated crude oil, 210 residuum, gas oil, casinghead gasoline, natural gas gasoline, 211 naphtha, distillate, condensate, gasoline, waste oil, kerosene, 212 benzine, wash oil, blended gasoline, lubricating oil, blends or 213 mixtures of oil with one or more liquid products or byproducts 214 derived from oil or gas, and blends or mixtures of two or more 215 liquid products or byproducts derived from oil or gas, whether 216 hereinabove enumerated or not. 217 (25) (24) "Reasonable market demand" means the amount of oil 218 reasonably needed for current consumption, together with a 219 reasonable amount of oil for storage and working stocks . 220 (26) (25) "Reservoir protective area" means the area 221 extending up to and including 2, 000 feet surrounding a natural 222 gas storage reservoir. 223 (27) (26) "Shut-in bottom hole pressure" means the pressure 224 at the bottom of a well when all valves are closed and no oil or 225 gas has been allowed to escape for at least 24 hours . 226 (28) (27) "Shut-in well" means an oil or gas well that has 227 been taken out of service for economic reasons or mechanical 228 repairs . 229 (29) (28) "State" means the State of Florida. 230 (30) (29) "Temporarily abandoned well" means a permitted 231 well or wellbore that has been abandoned by plugging in a manner 232 that allows reentry and redevelopment in accordance with oil or Page 8 of 27 CODING: Words strickcn are deletions; words underlined are additions . c f (65 Florida Senate - 2016 SB 318 tk 23-00190B-16 2016318 233 gas rules of the Department of Environmental Protection. 234 (31) (30) "Tender" means a permit or certificate of 235 clearance for the transportation or the delivery of oil, gas, or 236 products, approved and issued or registered under the authority 237 of the division. 238 (32) (31) "Waste, " in addition to its ordinary meaning, 239 means "physical waste" as that term is generally understood in 240 the oil and gas 'industry. The term "waste" includes: 241 (a) The inefficient, excessive, or improper use or 242 dissipation of reservoir energy; and the locating, spacing, 243 drilling, equipping, operating, or producing of any oil or gas 244 well or wells in a manner that results, or tends to result, in 245 reducing the quantity of oil or gas ultimately to be stored or 246 recovered from any pool in this state. 247 (b) The inefficient storing of oil; and the locating, 248 spacing, drilling, equipping, operating, or producing of any oil 249 or gas well or wells in a manner that causes, or tends to cause, 250 unnecessary or excessive surface loss or destruction of oil or 251 gas . 252 (c) The producing of oil or gas in a manner that causes 253 unnecessary water channeling or coning. 254 (d) The operation of any oil well or wells with an 255 inefficient gas-oil ratio. 256 (e) The drowning with water of any stratum or part thereof 257 capable of producing oil or gas . 258 (f) The underground waste, however caused and whether or 259 not defined. 260 (g) The creation of unnecessary fire hazards . 261 (h) The escape into the open air, from a well producing Page 9 of 27 CODING: Words ctric]ccn are deletions; words underlined are additions . a`z14r s Florida Senate - 2016 SB 318 ` 1`K 23-00190B-16 2016318 262 both oil and gas, of gas in excess of the amount that is 263 necessary in the efficient drilling or operation of the well . 264 (i) The use of gas for the manufacture of carbon black. 265 (j ) Permitting gas produced from a gas well to escape into 266 the air. 267 (k) The abuse of the correlative rights and opportunities 268 of each owner of oil and gas in a common reservoir due to 269 nonuniform, disproportionate, and unratable withdrawals, causing 270 undue drainage between tracts of land. 271 (33) (32) "Well site" means the general area around a well, 272 which area has been disturbed from its natural or existing 273 condition, as well as the drilling or production pad, mud and 274 water circulation pits, and other operation areas necessary to 275 drill for or produce oil or gas, or to inject gas into and 276 recover gas from a natural gas storage facility. 277 Section 3 . Subsection (2) of section 377 . 22, Florida 278 Statutes, is amended to read: 279 377 . 22 Rules and orders .- 280 (2) The department shall issue orders and adopt rules 281 pursuant to ss . 120 . 536 and 120 . 54 to implement and enforce ire 282 provisions of this chapter. Such rules and orders shall ensure 283 that all precautions are taken to prevent the spillage of oil or 284 any other pollutant in all phases of the drilling for, and 285 extracting of, oil, gas, or other petroleum products, including 286 high-pressure well stimulations, or during the injection of gas 287 into and recovery of gas from a natural gas storage reservoir. 288 The department shall revise such rules from time to time as 289 necessary for the proper administration and enforcement of this 290 chapter. Rules adopted and orders issued in accordance with this Page 10 of 27 CODING: Words stricken are deletions; words underlined are additions . gtVa( 5 1k Florida Senate - 2016 SB 318 23-00190B-16 2016318 291 section are for, but not limited to, the following purposes : 292 (a) To require the drilling, casing, and plugging of wells 293 to be done in such a manner as to prevent the pollution of the 294 fresh, salt, or brackish waters or the lands of the state and to 295 protect the integrity of natural gas storage reservoirs . 296 (b) To prevent the alteration of the sheet flow of water in 297 any area. 298 (c) To require that appropriate safety equipment be 299 installed to minimize the possibility of an escape of oil or 300 other petroleum products in the event of accident, human error, 301 or a natural disaster during drilling, casing, or plugging of 302 any well and during extraction operations . 303 (d) To require the drilling, casing, and plugging of wells 304 to be done in such a manner as to prevent the escape of oil or 305 other petroleum products from one stratum to another. 306 (e) To prevent the intrusion of water into an oil or gas 307 stratum from a separate stratum, except as provided by rules of 308 the division relating to the injection of water for proper 309 reservoir conservation and brine disposal. 310 (f) To require a reasonable bond, or other form of security 311 acceptable to the department, conditioned upon properly 312 drilling, casing, producing, and operating each well and 313 properly plugging thc performancc of thc duty to plug properly 314 each dry and abandoned well and upon the full and complete 315 restoration by the applicant of the area over which geophysical 316 exploration, drilling, or production is conducted to the similar 317 contour and general condition in existence before prior to such 318 operation. 319 (g) To require and carry out a reasonable program of Page 11 of 27 CODING: Words strickcn are deletions; words underlined are additions . It alts Florida Senate - 2016 SB 318 '\ fi< 23-00190B-16 2016318 320 monitoring and inspecting or incpcction of all drilling 321 operations, high-pressure well stimulations, producing wells, or 322 injecting wells, and well sites, including regular inspections 323 by division personnel . Inspections are required during the 324 testing of blowout preventers, during the pressure testing of 325 the casing and casing shoe, and during the integrity testing of 326 the cement plugs in plugging and abandonment operations . 327 (h) To require the making of reports showing the location 328 of all oil and gas wells; the making and filing of logs; the 329 taking and filing of directional surveys; the filing of 330 electrical, sonic, radioactive, and mechanical logs of oil and 331 gas wells; if taken, the saving of cutting and cores, the cuts 332 of which shall be given to the Bureau of Geology; and the making 333 of reports with respect to drilling and production records . 334 However, such information, or any part thereof, at the request 335 of the operator, shall be exempt from the provisions of s . 336 119. 07 (1) and held confidential by the division for u period of 337 1 year after the completion of a well. 338 (i) To prevent wells from being drilled, operated, or 339 produced in such a manner as to cause injury to neighboring 340 leases, property, or natural gas storage reservoirs . 341 (j ) To prevent the drowning by water of any stratum, or 342 part thereof, capable of producing oil or gas in paying 343 quantities and to prevent the premature and irregular 344 encroachment of water which reduces, or tends to reduce, the 345 total ultimate recovery of oil or gas from any pool . 346 (k) To require the operation of wells with efficient gas- 347 oil ratio, and to fix such ratios . 348 (1) To prevent "blowouts, " "caving, " and "seepage, " in the Page 12 of 27 CODING: Words ctrickcn are deletions; words underlined are additions . //Z 5 Florida Senate - 2016 SB 318 23-00190B-16 2016318 349 sense that conditions indicated by such terms are generally 350 understood in the oil and gas business . 351 (m) To prevent fires . 352 (n) To identify the ownership of all oil or gas wells, 353 producing leases, refineries, tanks, plants, structures, and 354 storage and transportation equipment and facilities . 355 (o) To regulate the "shooting, " perforating, &n4 chemical 356 treatment, and high-pressure stimulations of wells . 357 (p) To regulate secondary recovery methods, including the 358 introduction of gas, air, water, or other substance into 359 producing formations . 360 (q) To regulate gas cycling operations . 361 (r) To regulate the storage and recovery of gas injected 362 into natural gas storage facilities . 363 (s) If necessary for the prevention of waste, as herein 364 defined, to determine, limit, and prorate the production of oil 365 or gas, or both, from any pool or field in the state . 366 (t) To require, either generally or in or from particular 367 areas, certificates of clearance or tenders in connection with 368 the transportation or delivery of oil or gas, or any product. 369 (u) To regulate the spacing of wells and to establish 370 drilling units . 371 (v) To prevent, so far as is practicable, reasonably 372 avoidable drainage from each developed unit which is not 373 equalized by counterdrainage. 374 (w) To require that geophysical operations requiring a 375 permit be conducted in a manner which will minimize the impact 376 on hydrology and biota of the area, especially environmentally 377 sensitive lands and coastal areas . Page 13 of 27 CODING: Words stricken are deletions; words underlined are additions . t k ik Florida Senate - 2016 SB 318 gitif 5 23-00190B-16 2016318 378 (x) To regulate aboveground crude oil storage tanks in a 379 manner which will protect the water resources of the state. 380 (y) To act in a receivership capacity for fractional 381 mineral interests for which the owners are unknown or unlocated 382 and to administratively designate the operator as the lessee. 383 (z) To evaluate the history of past adjudicated violations 384 committed by permit applicants or the applicants' affiliated 385 entities of any substantive and material rule or law pertaining 386 to the regulation of oil or gas . 387 Section 4 . Subsections (1) , (2) , (4) , and (5) of section 388 377 .24, Florida Statutes, are amended, present subsections (6) 389 through (9) of that section are redesignated as subsections (5) 390 through (8) , respectively, and a new subsection (9) is added to 391 that section, to read: 392 377 . 24 Notice of intention to drill well; permits; 393 abandoned wells and dry holes .- 394 (1) Before drilling a well in search of oil or gas, before 395 performing a high-pressure well stimulation, or before storing 396 gas in or recovering gas from a natural gas storage reservoir, 397 the person who desires to drill for, store, or recover gas, or 398 drill for oil or gas, or perform a high-pressure well 399 stimulation shall notify the division upon such form as it may 400 prescribe and shall pay a reasonable fee set by rule of the 401 department not to exceed the actual cost of processing and 402 inspecting for each well or reservoir. The drilling of any well, 403 the performance of any high-pressure well stimulation, and the 404 storing and recovering of gas are prohibited until such notice 405 is given, the fee is paid, and a ire permit is granted. A permit 406 may authorize a single activity or multiple activities . Page 14 of 27 CODING: Words strickcn are deletions; words underlined are additions . It fr Florida Senate - 2016 SB 318 11(0'45 23-00190B-16 2016318 407 (2) An application for the drilling of a well in search of 408 oil or gas, for the performance of a high-pressure well 409 stimulation, or for the storing of gas in and recovering of gas 410 from a natural gas storage reservoir,— in this state must include 411 the address of the residence of the applicant,— or applicants, 412 which must be the address of each person involved in accordance 413 with the records of the Division of Water Resource Management 414 until such address is changed on the records of the division 415 after written request. 416 (4) Application for permission to drill or abandon any well 417 or perform a high-pressure well stimulation may be denied by the 418 division for only just and lawful cause. 419 (5) No permit to drill a gas or oil well shall be granted 420 within the corporate limits of any municipality, unless the 421 governing authority of the municipality shall have first duly 422 approved the application for such permit by resolution. 423 (9) The department may not approve a permit to authorize a 424 high-pressure well stimulation until the department adopts rules 425 for high-pressure well stimulation. 426 Section 5 . Subsections (5) and (6) are added to section 427 377 .241, Florida Statutes, to read: 428 377 . 241 Criteria for issuance of permits .—The division, in 429 the exercise of its authority to issue permits as hereinafter 430 provided, shall give consideration to and be guided by the 431 following criteria: 432 (5) For high-pressure well stimulations, whether the high- 433 pressure well stimulation as proposed is designed to ensure 434 that: 435 (a) The groundwater through which the well will be or has Page 15 of 27 CODING: Words stricken are deletions; words underlined are additions . \c Florida Senate - 2016 SB 318 CtOit 23-00190B-16 2016318 436 been drilled is not contaminated by the high-pressure well 437 stimulation; and 438 (b) The high-pressure well stimulation is consistent with 439 the public policy of this state as specified in s . 377 . 06. 440 (6) As a basis for permit denial or imposition of specific 441 permit conditions, including increased bonding up to five times 442 the applicable limits and increased monitoring, the history of 443 past adjudicated violations committed by the applicant or an 444 affiliated entity of the applicant of any substantive and 445 material rule or law pertaining to the regulation of oil or gas, 446 including violations that occurred outside the state. 447 Section 6 . Section 377 . 242, Florida Statutes, is amended to 448 read: 449 377 . 242 Permits for drilling or exploring and extracting 450 through well holes or by other means .-The department is vested 451 with the power and authority: 452 (1) (a) To issue permits for the performance of a high- 453 pressure well stimulation or the drilling for, exploring for, or 454 production of oil, gas, or other petroleum products that 455 are to be extracted from below the surface of the land, 456 including submerged land, only through the well hole drilled for 457 oil, gas, and other petroleum products . 458 1 . A Ne structure intended for the drilling for, or 459 production of, oil, gas, or other petroleum products may not be 460 permitted or constructed on any submerged land within any bay or 461 estuary. 462 2 . A N-e structure intended for the drilling for, or 463 production of, oil, gas, or other petroleum products may not be 464 permitted or constructed within 1 mile seaward of the coastline Page 16 of 27 CODING: Words strickcn are deletions; words underlined are additions . Florida Senate - 2016 SB 318 t\ crtalcs 23-00190B-16 2016318 465 of the state. 466 3 . A N-e structure intended for the drilling for, or 467 production of, oil, gas, or other petroleum products may not be 468 permitted or constructed within 1 mile of the seaward boundary 469 of any state, local, or federal park or aquatic or wildlife 470 preserve or on the surface of a freshwater lake, river, or 471 stream. 472 4 . A Ne structure intended for the drilling for, or 473 production of, oil, gas, or other petroleum products may not be 474 permitted or constructed within 1 mile inland from the shoreline 475 of the Gulf of Mexico, the Atlantic Ocean, or any bay or estuary 476 or within 1 mile of any freshwater lake, river, or stream unless 477 the department is satisfied that the natural resources of such 478 bodies of water and shore areas of the state will be adequately 479 protected in the event of accident or blowout. 480 5 . Without exception, after July 1, 1989, a Fie structure 481 intended for the drilling for, or production of, oil, gas, or 482 other petroleum products may not be permitted or constructed 483 south of 26°00 '00" north latitude off Florida' s west coast and 484 south of 27°00 '00" north latitude off Florida' s east coast, 485 within the boundaries of Florida' s territorial seas as defined 486 in 43 U. S .C. s . 1301 . After July 31, 1990, a ee structure 487 intended for the drilling for, or production of, oil, gas, or 488 other petroleum products may not be permitted or constructed 489 north of 26°00 '00" north latitude off Florida' s west coast to 490 the western boundary of the state bordering Alabama as set forth 491 in s . 1, Art. II of the State Constitution, or located north of 492 27°00 '00" north latitude off Florida' s east coast to the 493 northern boundary of the state bordering Georgia as set forth in Page 17 of 27 CODING: Words strickcn are deletions; words underlined are additions . Florida Senate - 2016 SB 318 q�� ' „ rC 23-00190B-16 2016318 494 s . 1, Art . II of the State Constitution, within the boundaries 495 of Florida' s territorial seas as defined in 43 U. S .C. s . 1301 . 496 (b) Subparagraphs (a) 1 . and 4 . do not apply to permitting 497 or construction of structures intended for the drilling for, or 498 production of, oil, gas, or other petroleum products pursuant to 499 an oil, gas, or mineral lease of such lands by the state under 500 which lease any valid drilling permits are in effect on the 501 effective date of this act. In the event that such permits 502 contain conditions or stipulations, such conditions and 503 stipulations shall govern and supersede subparagraphs (a) 1 . and 504 4 . 505 (c) The prohibitions of subparagraphs (a) 1 . -4 . in this 506 subscction do not include "infield gathering lines, " provided no 507 other placement is reasonably available and all other required 508 permits have been obtained. 509 (2) To issue permits to explore for and extract minerals 510 which are subject to extraction from the land by means other 511 than through a well hole. 512 (3) To issue permits to establish natural gas storage 513 facilities or construct wells for the injection and recovery of 514 any natural gas for storage in natural gas storage reservoirs . 515 516 Each permit shall contain an agreement by the permitholder that 517 the permitholder will not prevent inspection by division 518 personnel at any time, including during installation and 519 cementing of casing, during the testing of blowout preventers, 520 during the pressure testing of the casing and casing shoe, and 521 during the integrity testing of the cement plugs in plugging and 522 abandonment operations . The provisions of this section Page 18 of 27 CODING: Words ctrickcn are deletions; words underlined are additions . Florida Senate - 2016 SB 318 701,bc 23-00190B-16 2016318 523 prohibiting permits for drilling or exploring for oil in coastal 524 waters do not apply to any leases entered into before June 7, 525 1991 . 526 Section 7 . Subsection (1) of section 377 . 2425, Florida 527 Statutes, is amended to read: 528 377 . 2425 Manner of providing security for geophysical 529 exploration, drilling, and production.- 530 (1) Before Prior to granting a permit for conductinge 531 o geophysical operations; drilling of exploratory, 532 injection, or production wells; producing oil and gas from a 533 wellhead; performing a high-pressure well stimulation; or 534 transporting oil and gas through a field-gathering system, the 535 department shall require the applicant or operator to provide 536 surety that these operations will be conducted in a safe and 537 environmentally compatible manner. 538 (a) The applicant for a drilling, production, high-pressure 539 well stimulation, or injection well permit or a geophysical 540 permit may provide the following types of surety to the 541 department for this purpose: 542 1 . A deposit of cash or other securities made payable to 543 the Minerals Trust Fund. Such cash or securities so deposited 544 shall be held at interest by the Chief Financial Officer to 545 satisfy safety and environmental performance provisions of this 546 chapter. The interest shall be credited to the Minerals Trust 547 Fund. Such cash or other securities shall be released by the 548 Chief Financial Officer upon request of the applicant and 549 certification by the department that all safety and 550 environmental performance provisions established by the 551 department for permitted activities have been fulfilled. Page 19 of 27 CODING: Words otrickcn are deletions; words underlined are additions . ht � Florida Senate - 2016 SB 318 1r4(/5 23-00190B-16 2016318 552 2 . A bond of a surety company authorized to do business in 553 the state in an amount as provided by rule. 554 3 . A surety in the form of an irrevocable letter of credit 555 in an amount as provided by rule guaranteed by an acceptable 556 financial institution. 557 (b) An applicant for a drilling, production, high-pressure 558 well stimulation, or injection well permit, or a permittee who 559 intends to continue participating in long-term production 560 activities of such wells, has the option to provide surety to 561 the department by paying an annual fee to the Minerals Trust 562 Fund. For an applicant or permittee choosing this option the 563 following shall apply: 564 1 . For the first year, or part of a year, of a drilling, 565 production, or injection well permit, or change of operator, the 566 fee is $4, 000 per permitted well . 567 2 . For each subsequent year, or part of a year, the fee is 568 $1, 500 per permitted well. 569 3. The maximum fee that an applicant or permittee may be 570 required to pay into the trust fund is $30, 000 per calendar 571 year, regardless of the number of permits applied for or in 572 effect. 573 4 . The fees set forth in subparagraphs 1 . , 2 . , and 3 . shall 574 be reviewed by the department on a biennial basis and adjusted 575 for the cost of inflation. The department shall establish by 576 rule a suitable index for implementing such fee revisions . 577 (c) An applicant for a drilling or operating permit for 578 operations planned in coastal waters that by their nature 579 warrant greater surety shall provide surety only in accordance 580 with paragraph (a) , or similar proof of financial responsibility Page 20 of 27 CODING: Words strickcn are deletions; words underlined are additions . 11Pc Florida Senate - 2016 SB 318 c fj1I`s 23-00190B-16 2016318 581 other than as provided in paragraph (b) . For all such 582 applications, including applications pending at the effective 583 date of this act and notwithstanding the provisions of paragraph 584 (b) , the Governor and Cabinet in their capacity as the 585 Administration Commission, at the recommendation of the 586 department of Environmental Protection, shall set a reasonable 587 amount of surety required under this subsection. The surety 588 amount shall be based on the projected cleanup costs and natural 589 resources damages resulting from a maximum oil spill and adverse 590 hydrographic and atmospheric conditions that would tend to 591 transport the oil into environmentally sensitive areas, as 592 determined by the department of Environmental Protection. 593 Section 8 . Section 377 .2436, Florida Statutes, is created 594 to read: 595 377 . 2436 Study on high-pressure well stimulations .- 596 (1) The department shall conduct a study on high-pressure 597 well stimulations . The study must: 598 (a) Evaluate the underlying geologic features present in 599 the counties where oil wells have been permitted and analyze the 600 potential impact that high-pressure well stimulation and 601 wellbore construction may have on the underlying geologic 602 features . 603 (b) Evaluate the potential hazards and risks that high- 604 pressure well stimulation poses to surface water or groundwater 605 resources . The study must assess the potential impacts of high- 606 pressure well stimulation on drinking water resources and 607 identify the main factors affecting the severity and frequency 608 of impacts and must analyze the potential for the use or reuse 609 of recycled water in well stimulation fluids while meeting Page 21 of 27 CODING: Words stricken are deletions; words underlined are additions . IIv Florida Senate - 2016 SB 318 11/110 23-00190B-16 2016318 610 appropriate water quality standards. 611 (c) Review and evaluate the potential for groundwater 612 contamination from conducting high-pressure well stimulation 613 under wells that have been previously abandoned and plugged and 614 identify a setback radius from previously plugged and abandoned 615 wells that could be impacted by high-pressure well stimulation. 616 (d) Review and evaluate the ultimate disposition of high- 617 pressure well stimulation fluids after use in high-pressure well 618 stimulation processes . 619 (2) The department shall continue conventional oil and gas 620 business operations during the performance of the study. There 621 may not be a moratorium on the evaluation and issuance of 622 permits for conventional drilling, exploration, conventional 623 completions, or conventional workovers during the performance of 624 the study. 625 (3) The study is subject to independent scientific peer 626 review. 627 (4) The department shall submit the findings of the study 628 to the Governor, the President of the Senate, and the Speaker of 629 the House of Representatives by June 30, 2017, and shall 630 prominently post the findings on its website. 631 Section 9. Paragraph (a) of subsection (1) of section 632 377 . 37, Florida Statutes, is amended to read: 633 377 . 37 Penalties .- 634 (1) (a) A Afry person who violates any provision of this 635 chapter law or any rule, regulation, or order of the division 636 made under this chapter or who violates the terms of any permit 637 to drill for or produce oil, gas, or other petroleum products 638 referred to in s . 377 . 242 (1) or to store gas in a natural gas Page 22 of 27 CODING: Words strickcn are deletions; words underlined are additions . Florida Senate - 2016 SB 318 1[4 23-001903-16 2016318 639 storage facility, or any lessee, permitholder, or operator of 640 equipment or facilities used in the exploration for, drilling 641 for, or production of oil, gas, or other petroleum products, or 642 storage of gas in a natural gas storage facility, who refuses 643 inspection by the division as provided in this chapter, is 644 liable to the state for any damage caused to the air, waters, or 645 property, including animal, plant, or aquatic life, of the state 646 and for reasonable costs and expenses of the state in tracing 647 the source of the discharge, in controlling and abating the 648 source and the pollutants, and in restoring the air, waters, and 649 property, including animal, plant, and aquatic life, of the 650 state. Furthermore, such person, lessee, permitholder, or 651 operator is subject to the judicial imposition of a civil 652 penalty in an amount of not more than $25, 000 $10, 000 for each 653 offense. However, the court may receive evidence in mitigation. 654 Each day during any portion of which such violation occurs 655 constitutes a separate offense. This paragraph does not Nothing 656 hcrcin shall give the department the right to bring an action on 657 behalf of a any private person. 658 Section 10 . Section 377 . 45, Florida Statutes, is created to 659 read: 660 377 . 45 High-pressure well stimulation chemical disclosure 661 registry.- 662 (1) (a) The department shall designate the national chemical 663 disclosure registry, known as FracFocus, developed by the Ground 664 Water Protection Council and the Interstate Oil and Gas Compact 665 Commission, as the state' s registry for chemical disclosure for 666 all wells on which high-pressure well stimulations are 667 performed. The department shall provide a link to FracFocus Page 23 of 27 CODING: Words strickcn are deletions; words underlined are additions . Florida Senate - 2016 SB 318 ifratt 23-00190B-16 2016318 668 through its website. 669 (b) In addition to providing the following information to 670 the department as part of the permitting process, a service 671 provider, vendor, or well owner or operator shall report, as 672 established by department rule, to the department, at a minimum, 673 the following information: 674 1 . The name of the service provider, vendor, or owner or 675 operator. 676 2 . The date of completion of the high-pressure well 677 stimulation. 678 3. The county in which the well is located. 679 4 . The API Well Number. 680 5. The well name and number. 681 6. The longitude and latitude of the wellhead. 682 7 . The total vertical depth of the well . 683 8 . The total volume of water used in the high-pressure well 684 stimulation. 685 9. Each chemical ingredient that is subject to 29 C. F.R. s . 686 1910 . 1200 (g) (2) and the ingredient concentration in the high- 687 pressure well stimulation fluid by mass for each well on which a 688 high-pressure well stimulation is performed. 689 10 . The trade or common name and the CAS Registry Number 690 for each chemical ingredient. 691 (c) The department shall report to FracFocus all 692 information received under paragraph (b) , excluding any 693 information subject to chapter 688 . 694 (d) If FracFocus cannot accept and make publicly available 695 any information specified in this section, the department shall 696 post the information on its website, excluding any information Page 24 of 27 CODING: Words stricken are deletions; words underlined are additions . Florida Senate - 2016 SB 318 1I44; 23-001903-16 2016318 697 subject to chapter 688 . 698 (2) A service provider, vendor, or well owner or operator 699 shall : 700 (a) Report the information required under subsection (1) to 701 the department within 60 days after the initiation of the high- 702 pressure well stimulation for each well on which such high- 703 pressure well stimulation is performed. 704 (b) Notify the department if any chemical ingredient not 705 previously reported is intentionally included and used for the 706 purpose of performing a high-pressure well stimulation. 707 (3) This section does not apply to an ingredient that: 708 (a) Is not intentionally added to the high-pressure well 709 stimulation; or 710 (b) Occurs incidentally or is otherwise unintentionally 711 present in a high-pressure well stimulation. 712 (4) The department shall adopt rules to administer this 713 section. 714 Section 11 . Section 377 . 07, Florida Statutes, is amended to 715 read: 716 377 . 07 Division of Water Resource Management; powers, 717 duties, and authority.—The Division of Water Resource Management 718 of the Department of Environmental Protection is y vested 719 with power, authority, and duty to administer, carry out, and 720 enforce the provisions of this part law as dircctcd in s . 721 370. 02 (3) . 722 Section 12 . Section 377 . 10, Florida Statutes, is amended to 723 read: 724 377 . 10 Certain persons not to be employed by division.—A Ne 725 person in the employ of, or holding any official connection or Page 25 of 27 CODING: Words strickcn are deletions; words underlined are additions . Florida Senate - 2016 SB 318 C1110,11/5 23-00190B-16 2016318 726 position with any person, firm, partnership, corporation, or 727 association of any kind, engaged in the business of buying or 728 selling mineral leases, drilling wells in the search of oil or 729 gas, producing, transporting, refining, or distributing oil or 730 gas may not shall hold any position under, or be employed by, 731 the Division of Water Resource Management in the prosecution of 732 its duties under this part 3t. 733 Section 13 . Subsection (1) of section 377 . 243, Florida 734 Statutes, is amended to read: 735 377 . 243 Conditions for granting permits for extraction 736 through well holes .- 737 (1) Before applying Prior to the application to the 738 Division of Water Resource Management for the permit to drill 739 for oil, gas, and related products referred to in s . 377 . 242 (1) , 740 the applicant must own a valid deed, or other muniment of title, 741 or lease granting the said applicant the privilege to explore 742 for oil, gas, or related mineral products to be extracted only 743 through the well hole on the land or lands included in the 744 application. However, unallocated interests may be unitized 745 according to s . 377 . 27 . 746 Section 14 . Subsection (1) of section 377 . 244, Florida 747 Statutes, is amended to read: 748 377 . 244 Conditions for granting permits for surface 749 exploratory and extraction operations .- 750 (1) Exploration for and extraction of minerals under and by 751 virtue of the authority of a grant of oil, gas, or mineral 752 rights, or which, subsequent to such grant, may be interpreted 753 e include the right to explore for and extract minerals which 754 are subject to extraction from the land by means other than Page 26 of 27 CODING: Words stricken are deletions; words underlined are additions . II 1LQttc? Florida Senate - 2016 SB 318 23-00190B-16 2016318 755 through a well hole, that is by means of surface exploratory and 756 extraction operations such as sifting of the sands, dragline, 757 open pit mining, or other type of surface operation, which would 758 include movement of sands, dirt, rock, or minerals, shall be 759 exercised only pursuant to a permit issued by the Division of 760 Water Resource Management upon the applicant' s compliance 761 applicant complying with the following conditions : 762 (a) The applicant must own a valid deed, or other muniment 763 of title, or lease granting the applicant the right to explore 764 for and extract oil, gas, and other minerals from the said 765 lands . 766 (b) The applicant shall post a good and sufficient surety 767 bond with the division in such amount as the division determines 768 may determine, is adequate to afford full and complete protection 769 for the owner of the surface rights of the lands described in 770 the application, conditioned upon the full and complete 771 restoration, by the applicant, of the area over which the 772 exploratory and extraction operations are conducted to the same 773 condition and contour in existence before prior to such 774 operations. 775 Section 15 . For the 2016-2017 fiscal year, the sum of $1 776 million in nonrecurring funds is appropriated from the General 777 Revenue Fund to the Department of Environmental Protection to 778 conduct a high-pressure well stimulation study pursuant to s . 779 377 . 2436, Florida Statutes . 780 Section 16. This act shall take effect July 1, 2016 . Page 27 of 27 CODING: Words strickcn are deletions; words underlined are additions . Xi Z CD CD - 3 (a G CD C CD co a; Q E D cn (O ,,; ` 0 _ r te _ 0 171 D 0 - a1- 3 D = —m r- o O0 m O, mw -z-I - I O0 C 0 z v� O mz D omo 0 M cn 0 —I iZ Z _< C ' • rn m � 1] m • m o 2 m 0 ? D zmm m Ozz -n 1 m czm xi la 00 CA) Z m Z = -< o) 033C zwD CD - I = 0 Q 0= c ' m mW m Hn rO N Q - oIaj 7 « Cl), 2 = O ? = m �' co = m 2 '-' Cl)mo c _ � O m W Cc 3 -1 O = z = o > opp p = m „ -i _ iizo 0 rn � o M IIco � �4 -� -ml � � = -{ m v n■ O 70 °co Z mOo (nr rah _ 8 op, n m O � Z o = D .' D * m 0 z0 � cn 1- -i D moo O 2 m ' CCDD > -, fZ DJ m O m M m M � D oJo 3> m � 0T._.:... 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Cn O0 -I m z d r 732 0 DJD0 z V 1 m cn 0 DJ 0, z = - 2o fi rn 0 x, ,?pp O zm m 0zz n � rm - O -0 _ � z xi p0 w 11 -< O........ r D Zm z = -< c 0 -1 apo C = z w Q i M = cm 0 m - Q• o oDo o «D = O = m cn . _W7Jm Fl0 rn ( o a = O m^ m � N 3 -1 p = zo -1 cn p p �' O rn „ � n aJD z o .. r 0O CI0D �-0mco z -n m � C'. ■ -I -0L m = Cm ^' ) -, O co mh71 OD oo � ^ 0 C/) Or � , rn c zz � z mz D * m D z �, oo CDmpo O (n c P \m Dm D p ✓ ci> z O oma° D mJJ 7000 V) o � D mWc rn p * Op Oom Oh _ D m m p m = \ Z- < z Cn 0 0, D - -i m0 Cn m0 _1 C) _ ,) 0 > DD r mm Z 0 rn 0z -< mm ° (� III I- E < _ -100 -< c j -1 m cn 0 -< 0 D • 4 I If)/ Z � Wts RESOLUTION NO.15- A RESOLUTION PURSUANT TO SECTION 129.06(2),FLORIDA STATUTES, TO AMEND THE BUDGET FOR THE 2014-15 FISCAL YEAR. WHEREAS,Section 129.06(2),Florida Statutes,provides that the Board of County Commissioners(hereinafter also referred to as"Board")at any time within a fiscal year may amend a budget for that year,and provides the procedures therefore;and WHEREAS,the Board of County Commissioners of Collier County,Florida,has received copies of budget amendments which provide for but are not limited to: revenue from grants,donations or contributions,or insurance proceeds for a designated purpose;and WHEREAS,the Board of County Commissioners of Collier County,Florida,has received copies of budget amendments where increased receipts for enterprise or proprietary funds received for a particular purpose may be appropriated and expended for that purpose. WHEREAS,the Board of County Commissioners of Collier County,Florida,has received copies of budget amendments where reserve for future construction and improvements are appropriated for the purposes for which the reserve was made;and WHEREAS,the Board has determined that it is appropriate to amend the Budget for Fiscal Year 2014-15 by resolution pursuant to Section 129.06,Florida Statutes. NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that the budget amendments to the FY 2014-15 Budget described below are approved and hereby adopted and the FY 2014-15 Budget is so amended. BUDGET INCREASE INCREASE INCREASE AMENDMENT (DECREASE) (DECREASE) (DECREASE) EXPLANATION FOR FUND NUMBER RECEIPT EXPENDITURE RESERVES APPROPRIATION 117 15-706(09/22/15-16A24) $110,500.00 $110,500.00 To recognize funds needed to support related Natural Resources project expenditures. BE IT FURTHER RESOLVED that the Clerk is hereby ordered and directed to spread this Resolution in full among the minutes of this meeting for permanent record in his office. This Resolution adopted this 22°d day of September,2015,after motion,second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,Clerk COLLIER COUNTY,FLORIDA By: By: Deputy Clerk Tim Nance,Chairman Approved as to form and legality: Jeffrey A.Klatzkow,County Attorney