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EAC Agenda 07/05/2000 ENVIRONMENTAL ADVISORY COUNCIL AGENDA July 5, 2000 9:00 a.m. Commission Boardroom W. Harmon Turner Building (Building"F")—Third Floor I. Roll Call H. Approval of Agenda III. Approval of June 7, 2000 Meeting Minutes IV. Growth Management Update V. Land Use Petitions A Planned Unit Development No. PUD-00-09 "Madeira PUD" Section 13 & 24, Township 48 South, Range 25 East B Planned Unit Development No. PUD-00-12 "Arlington Lakes PUD" Section 18,Township 49 South,Range 26 East VI. Old Business VII. New Business VIII. Subcommittee Report A. Growth Management Subcommittee IX. Council Member Comments X. Public Comments XI. Adjournment ********************************************************************************* Council Members:Notify the Community Development and Environmental Services Division Administrative staff no later than 5:00 p.m. on June 28, 2000 if you cannot attend this meeting or if you have a conflict and will abstain from voting on a particular petition(403-2370). General Public: Any person who decides to appeal a decision of this Board will need a record of the proceedings pertaining thereto; and therefore may need to ensure that a verbatim record of proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. June 7, 2000 TRANSCRIPT OF THE MEETING OF THE ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, June 7, 2000 LET IT BE REMEMBERED, that the Environmental Advisory Council, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m. in REGULAR A SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: M. Keen Cornell Jack Baxter Ed Carlson Michael G. Coe Thomas W. Sansbury Alexandra Santoro J. Richard Smith ALSO PRESENT: Stan Chrzanowski, Senior Engineer Barbara Burgeson, Senior Environmental Specialist Bill Lorenz, Natural Resources Director Tom Palmer, Assistant County Attorney Page 1 June 7, 2000 CHAIRMAN CORNELL: We're all set to go? Great. Welcome to the June 7th meeting of the Environmental Advisory Council. Do we have a roll call? MS. BURGESON: Carlson? MR. CARLSON: Here. MS. BURGESON: Sansbury has an excused absence. Cornell? CHAIRMAN CORNELL: Here. MS. BURGESON: Coe? MR. COE: Here. MS. BURGESON: Smith? MR. SMITH: Here. MS. BURGESON: I apologize, we don't have the name plates yet. MS. SANTORO: Allie Santoro, here. MS. BURGESON: Santoro? MS. SANTORO: Yes. MS. BURGESON: And it's Jack -- MR. BAXTER: Baxter. MS. BURGESON: Baxter. CHAIRMAN CORNELL: So we have a quorum? MS. BURGESON: A quorum, yes. CHAIRMAN CORNELL: I just wanted to say, in view of John DiNunzio's death a few weeks ago, let's join in a moment of silence to honor John. (Silence.) CHAIRMAN CORNELL: Thank you. And you mentioned that we're advertising for -- MS. BURGESON: Yes. CHAIRMAN CORNELL: -- the two vacancies that we don't have? MS. BURGESON: The two vacancies were advertised, or at least Bill Hill's vacancy was advertised recently, and we had no applicants for that. I wasn't aware of that until last Thursday that they needed to be in by Friday and I was out of town, so I was unable to contact anyone that might be interested. But if anybody is aware of anybody that's interested in filling that position, I believe that we have just put that advertisement in the paper, and it will be a three-week period before that will close, and hopefully those two positions will be filled by the next Page 2 June 7, 2000 meeting. CHAIRMAN CORNELL: Thanks. The agenda all right, or anybody care to -- I guess we need a motion on that, though. MR. CHRZANOWSKI: We do have one small change on the agenda. Jim Weeks has a problem with the well field in Golden Gate lowering one of the canals. He has decided to pursue it through the Water Management District and the Board of County Commissioners. He's talking to his commissioner before he comes in front of this board. So he called and gave his apologies for not being able to make it, but he's taking other channels. CHAIRMAN CORNELL: Okay. Any other changes? (Mr. Sansbury enters boardroom.) CHAIRMAN CORNELL: Ah, there he is. Tom Sansbury has joined us. The minutes of the meeting of May 3rd. Do we have a motion of approval or any changes to the -- MR. CARLSON: Move to approve. CHAIRMAN CORNELL: Have we a second? MS. SANTORO: Second. MR. COE: Second. CHAIRMAN CORNELL: All in favor? Any opposed? (No response.) CHAIRMAN CORNELL: Okay, we have a presentation on the county's transportation network. MR. JONES: Thank you, Mr. Chairman. My name's Gavin Jones. I'm the MPO coordinator. I'm also at the moment the transportation planning director in the newly formed transportation division. Good morning. I'm going to give you a snapshot of where our road network is today and where it's going. The display that's on the visualizer, on the monitors, on the dais, and also on the handout that I gave you, has the existing road network. And it's color coded as a -- we've chosen a minimum level of service standards for all the roads in our county, and the actual letter grade that we've chosen varies from one road to the next. On most of them it's D, on some of them it's C, on some of them it's E. There's always a traffic volume that corresponds to that, to the upper limit of that particular level of service grade. And that map is colored in such a way that facilities whose counted traffic Page 3 June 7, 2000 is less than 60 percent of that minimum standard volume are green. Anything between 60 and 100 percent is yellow. And the facilities who counted traffic in 1999 exceeds the traffic volume that corresponds to the minimum standard service that's being chosen for that facility are colored in red. Now, that's an important -- sort of an important trigger. It triggers a three-year window in which state law and county ordinance says we're required to have an improvement program for construction and start construction within that three-year window, where we're bound by state statute and county ordinance to declare a moratorium on development around that facility. So that's a picture of where the system was at the end of 1999. We're required by law to preserve that acceptable level of service, minimum standard level of service in the peak hour. We do our counting on an average daily basis. We do counts four times a year, and that leads to an average daily traffic count. But we do have some knowledge about the relationship between traffic in the peak hour, as we've defined it, and the average day. And so those service volumes would attempt to preserve the level of service that corresponds to them in the peak hour. So that's where we are. And each year when we look at that information, it guides the -- any shifting of project start dates within the county's work program. And it guides the unfunded priority-setting process in the state work program that the MPO is in charge of. So that's where our system is right now. We have a work program. The construction start dates are labeled alongside the facilities. So in most cases there is an improvement that's programmed to start construction within three years of all the facilities colored red. There are some exceptions to that, that are on state facilities. 1-75, north of Immokalee Road, is a notable one. There's also a short stretch of Davis Boulevard, out between the juncture of Radio and out to Collier Boulevard that's colored red, for which there's no construction program. But the ones on Pine Ridge Road, there's construction programmed to start for that. Immokalee Road, North 41. Airport Road, the deficiency between Golden Gate Parkway and Radio Road, that will be alleviated by the construction of Livingston Road. So in most cases, we're doing what we need to do. Page 4 June 7, 2000 The construction program -- county's construction program fell behind over the last couple of years, and there's going to be an aggressive effort to catch up in that regard as far as county projects go. State program is a little tougher. There's really no way to really move those funds along any faster. There are funds that can be used on -- for improvements to 1-75 that the MPO does not really have a say in, in their programming. They're programmed at the state level. But there has been a lot of recent lobbying efforts within this county. Southwest Florida Transportation Initiative, in particular, is sort of going after those funds the best way that you can, which is to go straight to Tallahassee and lobby lawmakers to get more of the pot from which those funds come spent in our area. So there was an article in the newspaper this morning that pointed out that there's construction, that it's in the state's work program using those funds, but it's several years out. And the deficiency is there today. So groups like the Southwest Florida Transportation Initiative will continue their lobbying efforts. Looking quite far out into the future, Stan handed out something that looks like this with the PUD boundaries superimposed on it. That network and the facilities that you see in it, some are existing facilities, widened out to six lanes. Some are facilities that aren't on the ground now. That network was prepared in 1995, and it was built to serve the 2020 population forecast at that time. And for that reason it became called the 2020 needs assessment. There was no consideration given to the cost of the network, or even the popularity of the facilities that needed to be on the ground in order to serve that population. But it was just built to serve, to provide acceptable level of service, as this community has chosen it for the 2020 population forecast at the time. That is the largest, most expensive network that we've ever produced, that the MPO has ever produced. Since that time, the 2020 population forecast was lowered. And what we tend to work with most of the time, both in the long-range plan and also in the transportation element of the Growth Management Plan, are networks that are built to serve a population for a particular point in time and are financially feasible. Page 5 June 7, 2000 So that network -- that network was pruned of many facilities and lane falls on certain facilities, and actual facilities came off it in order to serve the reduced 2020 population forecast. That network was deemed to be affordable with the revenue forecast we had in our hands at the time in 1995. And that became our financially feasible network. And because it was fully affordable, it also by definition was our needs network. That put us in an unusual position, compared to most MPOs around the state who have discovered that they cannot afford, with the revenue streams they have, to pay for the network that they know they'll need. And, you know, most counties are dealing with we have a needs network, we know what it costs, they have revenue streams that don't reach that far, and there is a shortfall. If you look around the state and the sum of all those shortfalls, the last estimate was around $25 billion accumulated shortfalls around the state. We apparently were not in that position. Part of the reason for that was that although we had a network built of arterial facilities and it appeared affordable, there were several intersections throughout that network where we knew there were simulated crossing volumes in a future year that suggested that they would not function well as signalized intersections. At the time in 1995, it was difficult to start a discussion about grade separated intersections. No one wanted to hear about it. You know, there were quotes of, you know, not in our watch, et cetera. So it wasn't, you know, politically the right time to talk about things like that. Roll forward a few years and now finally there are intersections within our county that are experiencing those traffic volumes and people now finally understand firsthand what it means when peak season we see traffic volumes, some of both legs totals over 100,000 vehicles a day. We know where those locations will be as we move out into the future. What we have not done in any financially feasible plans in the past is summed up the cost of doing that to those intersections. As we go, five years have elapsed and now we're in the process of updating our long-range plan again. Our 2020 population forecast is still far short of the population that generated the need for the network in front of Page 6 June 7, 2000 you. We're looking out to, 1 think, 380-some thousand in the year 2020. We're going to create a network built to serve a 2025 population. But that 2025 population will still be far short of the population that required that network in order to provide it with acceptable level of service. But we are, finally, going to include the cost of grade separating the intersections that will likely need it, based on our estimate of future traffic volumes as we have them now. So we may wind up in a situation similar to most MPOs around the state in that we will identify a needs network that will include intersections that will be candidates for grade separation. And the total cost of that network will exceed the revenue forecasts that we have in our hand. That will include the impact fee revenue stream, given that it was recently revised, it will include gas taxes, but only the ones that are not due to sunset. Typically in -- you know, for the purpose of being conservative, if there's a gas tax that's going to sunset, we assume that that revenue stream will not be available when we add it to the other revenue streams. So we'll look at that and we'll look at the state dollars and federal dollars that are going to be spent on facilities in our county, and that will include some of the new money that's coming from the state DOT through things like Mobility 2000. Mobility 2000 was quite a splash back in January. It's sort of gone through several iterations since then, and there will need to be eventual agreement between state and -- or I'm -- House and Senate versions of the bill that will actually put all that funding in place. But there are going to be new funds spent on 1-75, and we'll include that in our revenue forecast. So we're going through all that in the coming year. It's a requirement of federal law that we do that every five years, and we will do it and we will wind up with a financially feasible network, and that network will show up as an amendment to the transportation element of the Growth Management Plan. At the same time, because there are facilities that appear on this map that appear in no other place, because every other map is built -- every other network is built to serve some population short of what this one is built to serve, county staff ^ have gotten into arguments with landowners when it comes -- when we go after a piece of land that's needed for a facility that Page 7 June 7, 2000 doesn't show up anywhere in the Growth Management Plan, because the Growth Management Plan only shows facilities out to a certain point in time. At the moment it's 2020. We'll send that out to 2025. But there will still be facilities that will be needed sometime beyond 2025. It's staffs intention to try to figure out what road network will serve our build-out population as part of the MPO budget for the coming fiscal year beginning July 1. And we intended -- we intended -- we do intend to include that as an amendment to the transportation element of the Growth Management Plan to halt arguments about why, you know, why is right-of-way being required of me when I don't see it in the Growth Management Plan? We'll have a network that will be built to serve a build-out population. It will include every facility that we'll ever need. There won't be a time -- a point in time or a price tag attached to it. That's sort of a different effort and that will occur at different times. But it will guide us in preserving right-of-way. As, you know, the last land is developed in the county, we'll need to preserve that right-of-way for future roads. That's an ongoing battle on the part of staff. You know, these -- that network has existed in that form since 1995. And yet some facilities on it are not possible already because the right-of-way is gone. And so as we go through our plan update process, we will, you know, be forced to reconsider other configurations that don't include some of the facilities that are no longer possible. Or we'll have to attach a much heftier price tag to them, because now it will involve going after developed properties, rather than just making use of right-of-way that's being kept undeveloped. So that's where we are. Any questions? MR. COE: Yeah, I got one. Why do we set the minimal standards, you know, the A, B, C, D thing? Is that to keep the state off our back, or is it to -- what's the reason? MR. JONES: It's a requirement of state law that we choose a standard that we are going to seek to preserve. And we have some flexibility on what standards we choose. And the county has taken advantage of that flexibility by altering the minimum standard from D to E in some cases, and waiving it completely in the case of Vanderbilt Beach Road. We provided recommendations years ago that Vanderbilt Page 8 June 7, 2000 Beach Road needed to be widened from U.S. 41 over to Gulf Shore from two to four lanes. There was considerable opposition by the residents in that neighborhood. And what the county chose to do in that instance was declare that road policy constrained, which says as a community we have chosen to live with unacceptable level of service on that road rather than widen it. And you can do that on a link-by-link basis. And in places on the East Coast and Broward County, they've just thrown a net over the entire downtown area and called it a concurrency exception area. That's a way of saying we're just -- you know, we can't do it; we can't preserve the level of service standard that we've chosen. And that's a way of avoiding a requirement to declare a moratorium. So as a community, you pretty much get to choose, do you want to be firm about the level of service standards you've chosen, do you want to halt development when you cannot provide acceptable level of service when that development comes on-line, or do you just want to, you know, toss the standards out the window? MR. COE: Who makes that decision? MR. JONES: That would be the Board of County Commissioners. MR. COE: So each time we -- in other words, each time you want to change the traffic or change the lanes that are available, you've got to go to the County Commissioners? MR. JONES: Well, no, the County Commission tends to understand when road projects show up in the work program that's before them, that it is to preserve the level of service standard that we, you know, as a community have chosen. When a four-lane road's traffic exceeds the maximum traffic volume for Level of Service D, and D is our chosen standard, then that starts the three-year clock ticking, and county staff, you know, puts an improvement project into the work program. MR. COE: See, it sounds to me like when we decide, whoever we is, when we decide well, it's going to look rough out there, we'll change the standards so that now the clock will start ticking for our three years. Is that correct? MR. JONES: Well, that was -- that was -- essentially that ^ surfaced as the notion, you know, are we aiming too low just to preserve Level of Service D? Should we aim higher? Should we Page 9 June 7, 2000 preserve Level of Service C? The county has already -- the commissioners have already looked at the price tag for getting caught up on preserving Level of Service D over the next few years. They were almost, you know, willing to sort of keep out of the MPO's work program for the coming year a study which would attempt to quantify just what it would cost to preserve Level of Service D. There's a way of doing it. We'll -- you know, at the end of the plan update process when we have designed and attached a price tag to a network built to serve a Level of Service D, we'll turn around and turn the simulation model again -- on again and we'll start adding facilities until the same traffic volumes are, you know, achieving a Level of Service D for the facilities they're on. And in some cases that will mean turning four-lane roads into six-lane roads, and in some cases it will mean turning six-lane arterials into expressways. But we have the tools to do that. So we'll build a network built to preserve Level of Service D, we'll attach a price tag to it, and probably will be in a position to say okay, we've been before you with a plan update, we've showed you a needs network that costs so many millions, we've showed you revenue streams that don't get there, we've had to take some facilities out so that in some cases you won't even be able to preserve Level of Service D. And then on top of that, we'll show up with a Level of Service C network that will have some price tag, you know, in excess of the Level of Service D price tag. So at least, you know, that will be the starting point for discussions like that. Can you do better? You can. And there's a price tag attached to it and we'll figure out what it is. Are you willing -- you know, but where's the money going to come from? And the impact fees -- MR. COE: I guess maybe I don't understand. I spent the last few days up at a fishing tournament up in Lee County, and while was up there I had the opportunity to ride on their roads. And, you know, you get out on Daniels Parkway or Colonial or any of these. I mean, they've already been widened. MR. JONES: Yes. MR. COE: In many cases their bike trail is wider than our highway. I look at Livingston Road here. I mean, we already Page 10 June 7, 2000 know it's going to have to be done six-lane. What are we planning, four? MR. JONES: Well, we're going to build it as four. Ultimately it will need to be six lanes. MR. COE: Why don't we just build it at six and be done with it? MR. JONES: Well, the money is needed elsewhere. It costs less to build it as four and you need the money elsewhere. You just can't afford to build -- MR. COE: How can other counties do it and we can't? MR. JONES: Well, Lee County's not doing it as well as we are. Lee County's been in trouble for years with their level of service standards. If you're enjoying good traffic now, you know, I'd point out the season's over, and they have seasonal traffic fluctuations. But they have problems in their county. And it was the severity and the scope of those problems that led them, you know, 10 years ago to sort of dodge the moratorium requirements that a link-by-link analysis that we do would force _ them into, and instead go to like an area-wide kind of concurrency system where you average the performance of -- or you sum the performance of all facilities within certain zones and declare yourself okay as long as the sum of all their performances is okay. And we could do that, and it would take a lot of the red facilities off the map. But, you know, traffic congestion -- you know, people stuck in traffic don't really appreciate the fact that it's better somewhere else. And so we've -- you know, this county has chosen to go with a link-by-link analysis and we identify congestion right where it occurs and we put the money towards improving that facility or building something that will help that facility. But Lee County's been in trouble for years. And really, they're talking now that business of doing averaging or summing over an area, that was like a 10-year agreement with the Department of Community Affairs. The 10 years has come to an end. They're, you know, looking again at their facilities link-by-link. And they're initiating discussions again on well, maybe we should all be moving towards some kind of area wide averaging. So, you know, they're not in better shape. Page 11 June 7, 2000 CHAIRMAN CORNELL: Other questions? MR. CHRZANOWSKI: Excuse me, we also have Ed Kant from the transportation department. You may want to listen to him before you ask any more questions. CHAIRMAN CORNELL: You want to do one, or -- MR. SANSBURY: I just want to do just a quick question. Maybe Ed, or maybe one of you. Is there a link -- I've read the traffic engineer's definitions of level of service. Is there a layman's definition -- okay. MR. KANT: I was going to address that. MR. JONES: I can handle it. Is there a what? MR. SANSBURY: A layman's definition of level of service. MR. JONES: Okay, change -- yes, call it a level of stress. There's a method, and it's set out in the Highway Capacity Manual, for calculating level of service on all different types of facilities. And you need to -- it's always -- the goal is always to try and quantify the stress level that motorists experience when they're driving the facility. The actual thing that you measure varies from one facility to the next. On arterials, which is what we deal with most, the thing that you would attempt to quantify is the average travel speed for motorists using that facility. The notion is that if average travel speed on a facility begins to slow down, that's what's going to affect motorists the most. And so, you know -- and we use methods that would attempt to give us a handle on what's happening on travel speed. You know, we rely on tools that would tend to correlate average travel speed with certain traffic volumes. We don't measure travel speed. It's very expensive to do it that way. We tend to measure traffic counts, because we have an understanding of sort of the correlation between certain traffic volumes and travel speed on that facility. As an example, on a freeway facility, the thing that you're attempting to measure is not average travel speed. Studies have indicated that even as traffic volumes increase on a freeway facility, travel speeds don't tend to decrease. It's just that the gap between cars tends to shorten. Well, that's a little stressful for motorists. So the measure that you chose on freeways is the number of cars per lane mile. Page 12 June 7, 2000 And again, to measure that, you know, directly requires aerial photos. But you rely on knowledge of the correlation between traffic counts and in density per lane. But you're always attempting really to, you know, meet a certain target stress level for motorists. And it just varies as to what it is you're going to measure in your attempt to do that. So we have level of service letter grades, A, B, C, D, E and F, and there's a traffic volume connected with each one which says that, you know, up to this traffic volume you're achieving Level of Service C and as soon as you are over it you're in Level of Service D. CHAIRMAN CORNELL: Other questions for staff? MR. SMITH: Yes, I had a question. Mr. Kant may be able to answer this as well. I'm not sure. I went and attended several of the community character functions. The thing that impressed me the most of all of the things that they had to show was the difference between the thinking that what they call last century, which was the one that we're all used to and this century, which is perhaps hopefully a new way of looking at how to build our communities, and they're talking about, for example, looking at changing the zoning thinking so that instead of having all of your residential in one area and your commercial uses in another area, that you mix those uses and so that you can by doing that end up having a situation where you have a lot less need for people to move from one part of the community to the other. And that by that, reducing the traffic. Is that kind of thinking entering into the picture now when you're planning for your roads? MR. JONES: Well, we're certainly eager to explore, you know, just how much acceptance that kind of thinking is going to get, you know, on the part of the public and at the commission level. At the moment, you know, the development proposals that are showing up are not in that pattern. And the development proposals that are showing up are probably, you know, about the worst that you could create from a traffic standpoint. There is a market for it. People are buying those homes. But, you know, this may be the time to point out that there are other ways of developing and there are buyers that are willing to buy that style of development as well. Celebration in Page 13 June 7, 2000 Florida is a great example. You know, within our own state. It's a different style of development and people lined up and had to join the lottery in order to get ahold of the houses there. They were really eager to live that kind of a lifestyle. And that was -- that's exactly what Dover/Kohl's talking about. You know, the actual point in our history when, you know, that development pattern was prevalent, I'm not sure exactly where it fell, but they're talking about neotraditional neighborhood design. And you're absolutely right, if you can develop in a way that eliminates the need for people to get in a Car and drive on the arterial network, then that's one less car that you'll count. MR. SMITH: In the Livingston Road area, they had stressed that quite a bit in terms of possible rethinking of our way of zoning, yeah. MR. JONES: Yeah, it would just -- it would require a major sort of see-change on the attitude of the community. You know, if staff is going to show up and start rejecting development proposals that, you know, don't conform to that kind of a pattern, then there has to be some political pupport when it gets in front .-. of the board. - CHAIRMAN CORNELL: Other questions for Gavin? MS. SANTORO: I have some other questions, but I'd like to wait until the end. CHAIRMAN CORNELL: I just wanted to ask you, I'm sorry to say I've never been to an MPO meeting yet. Is it a regional thing or is it strictly Collier County, or -- MR. JONES: Well, the MPO's jurisdiction is the entire Collier County, yes. But what that body exists to do is to program the funds that come through the state DOT's work program, so -- and the staff function at the MPO is funded by federal grant dollars. And those federal grant dollars are -- you know, exist in order to ensure that the money that's spent in the DOT work program is the result of something called a planning process -- CHAIRMAN CORNELL: Yes. MR. JONES: -- and that's what the MPO exists for. CHAIRMAN CORNELL: Is there a dialogue with Lee, or how does that -- MR. JONES: Sure, yes. The Lee County MPO director is part of the technical advisory committee that reviews everything that Page 14 June 7, 2000 14 goes before the MPO. CHAIRMAN CORNELL: Thank you. Ed, may we hear from you? Thank you, Gavin. MR. KANT: Good morning. I'm Edward Kant. I'm the transpor -- formally transportation services director, and we've now been renamed the transportation operations director. Same job, same department, basically. Structured somewhat differently. I just wanted to add on a few things to what Gavin had to say. Gavin gave you basically the big picture, the overall network view. My view for this meeting is a little bit more down at the rubber meets the road level. One of the things that we are trying to do and have been doing for a number of years now is recognizing that there are going to be constraints on the arterial network, and so we've begun a fairly aggressive program of looking at intersection improvements. There's a lot of emphasis -- as Gavin pointed out, there's an '�` awful lot of emphasis on the level of service. And the level of service, this A, B, C, D grade, if you will, that's given is a level of service that refers to the links, the actual piece of roadway between intersections or between a series of intersections. Where -- and that is measured in terms of relative speed, except again for the expressway issue. Whereas, when we get to the intersection, and you have to do something at the intersection, if there's no signal there and there's no stop sign, no other traffic control, you just move through the intersection. If there's some type of traffic control, you may or may not have to stop or slow down or do something that affects your speed. And it becomes very difficult to measure speed through intersections. So when we talk about intersections, we have a different measure of level of service, and that measure is delay. Sometimes it's zero, you catch the green or there's no traffic control and you keep moving, and sometimes it's significant. And those degrees of delay are also given letter grades, A, B, C, D. But when we talk about level of service from the network perspective, we're talking about the links. My emphasis is more on the intersections at this point, Page 15 June 7, 2000 because we found that by tweaking the intersections, by doing a little bit of work at certain key intersections, we can facilitate movement through those intersections and it becomes a little bit less stressful overall. For example, one of the ones that I'd like to point out to is right up the street here at Airport Road and Golden Gate Parkway. If anybody has had to travel northbound on Airport Road in the last couple of years, especially any time after roughly 2:00, 2:30 in the afternoon, you know it can be very difficult to continue to go north past Golden Gate Parkway, qspecially if there's a very heavy left turning movement going onto Golden Gate Parkway, as there almost always is. And so what we did last year, earlier this year, was we lengthened the turning bays. That's all. Didn't take out any trees, didn't reconfigure anything major in the intersection, just tweaked the intersection to lengthen the turning bays so that those northbound left turners, if they're waiting for their light, are no longer backed up into the through lane holding back people who would otherwise just want to be going through on the green light. We've begun to look at a number of intersections. I had about 35 or 40 major intersections on my list back in 1995. And we've so far been able to go through about a dozen of them. We get three or four a year. Again, part of that's based on funding and prioritization, part of it's based on just how much work can you do in a year. And we've got a fairly aggressive program coming up that I think is going to continue that trend. We've also got to deal with a number of other issues that are operational issues. For example, the landscaping in the medians. That's part of what gives Collier County the character that it has. The gentleman earlier was asking about the community character study. The Naples streetscape master plan that the board adopted in the mid-Nineties eventually will call for 144 miles of landscaped medians and edges. Right now we have about 30 -- not quite 40 miles of that overall program. And over the next 10 to 15, 17 years, depending again on funding, we'll be implementing that program. Then it will be turned into basically a maintenance issue. A number of projects are going to get retrofitted. That begins to create a different set of problems. Because once you Page 16 June 7, 2000 get that stuff out there, you've got to maintain it. And it doesn't do us any good to build all these extra lanes and then have to keep blocking them off to maintain them. So we're trying as best we can to work with the landscape architects and allow for maintenance issues, as well as for the >-+ construction issues. The one last thing that I wanted to mention is again, somebody earlier, I believe Mr. Coe, expressed a concern about why aren't we building six lanes. It is a funding issue in what do we -- how much bang for the buck can we get in any given year. But one of the things that we have been doing, well, for at least the 10 years that I've been here, that is with the -- I've been here for 21 years overall, but I've been with the county for almost 10 now -- is we are looking at what is the ultimate build-out on that roadway going to be. And if it's a six-lane roadway, we set the project up for a six-lane road. But what we do is we build the outer four lanes, and when the time comes, as we did a couple of years ago on Airport Road, this section of Airport Road, we put the fifth and sixth lanes into the median. It's much more efficient, much more cost effective that way because we've gone for right-of-way only once. We don't like to take two bites out of the apple, because the second bite is almost always much more expensive. We then have the right-of-way, we have the infrastructure in place for the drainage, and we have to do a minimum disruption to traffic when the time comes to put that fifth and six lane into place. So we don't necessarily tear the road up. Now, some of the older sections of four-lane road are not going to be quite that easy, but by and large, that's what we try to do. And I might point out, back in February -- no, I believe it was in January the board adopted a more standardized cross-section for major roadways which will enable us, again, with a tool like the map that you have here and with the tool of the standardized cross-section, to work with the development community and to be able to identify those areas where we're going to need more right-of-way. I'm not sure how much more detail -- I mean, there's so much going on. And one last thing I will point out, this grade separation. Gavin's group had identified 21 candidate locations. Page 17 ar June 7, 2000 And we believe that there are two or three that are going to shake out as being the prime locations. And some of those are probably going to go away as the network builds out. But I don't -- my crystal ball is no better than anybody else. I can't tell you which ones might or might not. However, we think that, for example, Airport and Golden Gate is going to be one of the prime candidates. Airport and Pine Ridge is probably another one of the prime candidates. Possibly U.S. 41 and Pine Ridge. Those are the types of intersections that right now have about 100,000 vehicles a day crossing in both directions during the peak season, and those are the ones that we're going to have to focus on. We're trying to hold off. We have been holding off. And the time has come where we're going to have to meet that challenge. So if you have any questions, I'll do what I can. MR. CARLSON: You brought up median maintenance. And I see some pretty sophisticated medians out there with manicured turf grass and sprinkler systems. What are we paying to manage the medians? MR. KANT: Quite a lot. MR. CARLSON: Do you know what that number is? MR. KANT: Yeah, we spend about right now with -- given what we have a little over $3 million a year on maintenance. MR. CARLSON: Of just medians? MR. KANT: Of the improved medians, yes. MR. CARLSON: Has anybody talked about perhaps just xeriscaping those, and getting rid of the turf grass and mulching and using native plants and having a much less expensive grass? MR. KANT: We have some which are -- which do not have grass on them. We have -- one of the issues that we've had, I think, has been this -- a rush to do this. There's been a -- up until recently, frankly, there's been no coordinated effort to try to make sure that we get a consistent look. I think we're starting to get around that. We still have one or two of the landscape architects in the county that get these projects and they just landscape them right out to the gunnels. I mean, we get grass all over the place and we wind up cutting most of it down or having to move trees. But little by little, it's a constant process. We have to educate ourselves to some of the horticultural issues and, Page 18 June 7, 2000 frankly, they have to educate themselves to some of the maintenance and traffic issues. So it's still -- I think we're still in that learning curve. MR. CARLSON: Yeah. You know where I'm going. It's like pulling teeth getting turn lanes and good traffic lights and -- MR. KANT: Yes. MR. CARLSON: -- we're spending $3 million a year on -- MR. KANT: I hear what you're saying. And again, this is not something that the transportation department or the planning department has said hey, we think it's a good idea. This is an expression of community desire. And again, it's done through the democratic process; that is, people bring these issues up and our elected officials act on them. MR. CARLSON: I have one more question. On your future map here, the 951 extension north of Immokalee Road, has that right-of-way been acquired? MR. KANT: No. That is presently under what's called a -- or a planned -- it's not under -- it's in the program. And I don't remember, you'll have to help me, next year, year after? Couple ^ of years out for a PD&E, preliminary development and engineering study,-which is the first phase. Which is when we go out and we find out where all of the snakes are and we find out if we're bigger than they are and we can kill them or they're going to kill us. And that's the technical expression for doing the preliminary engineering, to make sure that we have a viable project. And that's -- that effort will start in a couple of years. There's been no alignment laid down. The alignment that you're looking at is what we think is our best guess of where some corridor could go in the future, based upon the development patterns. I think you'll notice that it goes through what is called the Tamoshanter (phonetic) development. Frankly, there is a significant amount of wetlands in there. There may be -- there will be problems with mitigating that. They may become insurmountable, but I wouldn't want to make that prediction right now. MR. CARLSON: That's kind of why I'm wondering why that's not represented as potential road link instead of a -- MR. KANT: Because that is shown on the network. That is shown on the network. The potential are what staff and the Page 19 June 7, 2000 other inputs that we've had have said, you know, it probably would be a good idea if we could get a link over here or we could make this link happen. But the ones that are not shown as potential are already on the network. They were determined to be part of the build-out network. And that link has been on there a year. CHAIRMAN CORNELL: Other questions for Ed? MS. SANTORO: I have several. Do you have a map of the current and future planned bike paths that correspond with the roadways? MR. KANT: Excellent question. Yes. I have to give a lawyer's answer on that one, with all respect to my colleague over there. Yes and no. There is a map. It is -- what is it now, four, five years old? Yeah. But I was speaking with the bike path head coordinator, Beth Young, and she has indicated that she's getting ready to publish a new one, which will be out this fall. So that -- so there's one there but it's kind of obsolete and they're going to publish a new one. MS. SANTORO: Obviously I'd be interested in getting one. The other thing, is there a map of current traffic lights and future planned traffic lights? I find that we look at developments in a hodgepodge manner, and it would be nice to know where the intersections are to look at ingress and egress. MR. KANT: Okay. Yeah, we review every development that comes along. We do have a map that shows where all of our signalized intersections are. That was done as part of the county-wide computerized traffic signal system project which is presently underway and which we'll get under construction later this year. As far as future signals, without getting into a lot of the engineering nitty-gritty of it, traffic signals are not put up without a fairly thorough engineering study. It's very difficult to predict at random where they may be. Typically it's fairly easy to predict, if you have a major intersection, it's probably going to be signalized at some point in time. But when you get a new development, we look at the traffic from that development, we look at the background traffic, we look at the existing signalized system. And frankly, we're very reluctant to install signals unless they're absolutely needed. Page 20 June 7, 2000 Signals are not always an answer. MS. SANTORO: The other question is, then, for instance, on 41 North, one of the ways that they control the traffic into a main access road is the parallel access road where you have several developments coming together and then -- MR. KANT: Trail Boulevard? MS. SANTORO: Excuse me? MR. KANT: Are you talking about Trail Boulevard? MS. SANTORO: Well, it's right up -- you can see it as you go 41 North near Pelican Bay, opposite Pelican Bay. MR. KANT: That's Trail Boulevard. MS. SANTORO: Okay, yes. Is there a promotion to do that? I'm looking at as you go out in Golden Gate Estates, for instance, you have all the driveways coming out into the road. Is there any promotion of any kind of parallel access roads in your planning? MR. KANT: Well, if I was king, but I'm not -- I mean, if I were king. I don't believe that there is. However -- and again, Gavin can probably address this better than I. I believe -- because I think there is a Golden Gate traffic circulation study that's underway or about to be underway. I was -- somebody mentioned Lee County earlier. And back in the Eighties, I was the Lee County capital projects and design manager for a number of years. And prior to the 1985 Growth Management Act, Lee County was basically taking the monies that they were getting for roadways and sticking it in the bank. And in 1987, which is when I started with Lee County, I had -- they wrote me a check for $450 million and said go spend it. We did. But what Gavin said is absolutely true, Lee County is going to be a lot tougher for them working their way out of their problems, I think, than it is for us because of this area-wide approach that we chose to take. They're finding now that if the state does not permit them to renew that approach and they make them go on a link-by-link basis, they're going to have some serious problems in certain areas of the county. Whereas, I don't think we're going to experience even that level of problem with implementing our plan. That's an excellent idea, the idea of frontage roads or parallel roads or backage roads. We've tried to promote that. As Page 21 June 7, 2000 a matter of fact, for example, with the new interchange at 1-75 and Golden Gate Parkway that is presently under design by 4` FDOT, they were going to put the frontage -- or they're planning, and I think they still are, for whatever reasons -- to put the frontage roads right up against the existing Golden Gate Parkway. We suggested that perhaps they should be moved back further to allow for better traffic circulation from the adjoining neighborhoods. And frankly, the people out there didn't like it. The state's got some problems with how far away from the 9rterial they can get and still be part of the interchange under federal guidelines, so we don't know whether that's going to work. But it's not a bad idea, if it can be made to be implemented. CHAIRMAN CORNELL: Other questions for Ed? MS. SANTORO: I had two more, if you don't mind. On the medians, are they watered with treated water? MR. KANT: Yes and no. MS. SANTORO: In other words, is that your goal? MR. KANT: Where effluent is available, we use effluent. However, one of the problems we have is that we have a limited supply of effluent, and if you -- we had a recent problem, notwithstanding the design on Davis Boulevard, but that's an effluent irrigated project. We had some problems. The south county plant could not supply us with effluent for a couple of weeks, and so we did not have an alternate source. I consider that a design problem. And I have given, where can, instructions that from now on we're going to do effluent watering, that we're also going to have an alternate source. Typically we're going to try to put some wells down. That enters other permitting problems, so it's -- MS. SANTORO: I can see where the goal is. MR. KANT: -- but yeah, where we can, we use the effluent. MS. SANTORO: And one last question for my education. Could you describe a graded separation intersection? MR. KANT: Interchange. MS. SANTORO: As? CHAIRMAN CORNELL: Flyover. MR. KANT: Flyover. Yeah, pick what you like. Grade separation is simply is where you've got everything coming in at Page 22 June 7, 2000 1r' the same grade, and in order to facilitate the traffic movement, you take one of those, one direction or another, and you move the through lanes over so they can keep moving. Anybody that needs to turn right or left has to get off on a short frontage road to get underneath that. Thank you very much, ladies and gentlemen. CHAIRMAN CORNELL: Let me just ask if there are any questions from any of the attendees here that might like to -- Bill? MR. LORENZ: Yes, if you don't mind. I want -- Bill Lorenz, natural resources director. There are a couple of items here I'd just like to bring to the EAC's attention as it relates to the Growth Management planning efforts in our rural assessment. What I'd like to be able to do, I believe you were handed out the map that's over on the bulletin board. I'm just going to move to the board here for Channel 54's sake, and they can show that map on the screen. This map here, there's -- to some degree, following up on Ed ^ Carlson's comment,this area is in -- is identified as the fringe. So the fringe committee, in its evaluation of the -- or recommendations for proposed amendments to the Growth Management Plan, is going to be dealing with these areas with regard to natural resources and obviously how those areas are to develop out. Part of our evaluation matrix is to look at the additional need for facilities, whether they be transportation facilities or other public facilities. So this particular area is going to be somewhat addressed or needs to be addressed as part of that fringe plan. Another area just to bring to your attention here, because this particular area is a source of very much discussion. This map here shows a potential road link, I guess, coming down Wilson Boulevard, I imagine bridging 75 here and then linking up to Sabal Palm Road. Remember that this area here is a Natural Resource Protection Area that the County Commission has recommended to DCA. Of course, all the Natural Resource Protection Areas, through this rural assessment process, the areas are to be refined. Perhaps we'll have different standards. But I want to Page 23 June 7, 2000 ft jr bring to the Environmental Advisory Council's attention that environmentally this is an NRPA. This area here is the North Belle Meade, which at the moment the Board of County Commissioners recommended that that be a -- not a Natural Resource Protection Area, but it be a study area to look at a higher level of scrutiny as we go through the rural assessment. So this plan here shows a link from Wilson Boulevard along the -- I'd say the eastern boundary of the North Belle Meade. I imagine this is to some degree where North Golden Gate Estates is located. But again, this will be an area that we'll have to look at as we go through the rural assessment. CHAIRMAN CORNELL: Questions for Bill on that? MR. COE: No. CHAIRMAN CORNELL: Any questions from anyone attending? Nancy? MS. PAYTON: Nancy Payton, representing the Florida Wildlife Federation. Good morning. I came expecting more discussion of '~ environmental issues as they pertain to roads and wildlife issues, and so I'll bring them up for consideration, and I have some questions, probably for Gavin, comments. First just a few factoids, is that the only place that kills more animals in this country than a road is a slaughterhouse. Wildlife is killed in significant astounding numbers on our roads. And therefore, I bring up the issue of what sort of planning design is being explored or taken into consideration for wildlife and wildlife issues? The insurance company will tell you, they've told me and there's documents, that in single car accidents it's number two, avoiding running over or impacting an animal. Number one is drunk driving. Number two is swerving to avoid an animal and hitting a tree or another car, whatever. Also, wildlife rehabilitators -- I called The Conservancy -- will tell you that the majority of animals that are coming in there, it's collisions with cars or some sort of impact with cars. So what sort of designs are we as a county looking at to make those roads more driver friendly as well as wildlife friendly? For instance, we have curbs. I drive Golden Gate Page 24 June 7, 2000 Parkway every day and some other roads, and we have these curbs that come in and just trap tortoises, turtles and other small animals, and there really is no way for them to get out of there. And that creates of course death for them and driving issues for us as drivers. There's an issue, I believe, on Immokalee Road for underpasses or some sort of wildlife crossings. There have been a high incident of bear hits with automobiles on Immokalee Road near Wilson. These issues ought to be looked at. That Wilson extension down through North Belle Meade and into South Belle Meade, is that the 1-75 bypass? I think you ought to know about the 1-75 bypass. Ed, if 951 gives you heartburn, the 1-75 bypass is going to send you to the hospital. And Gavin, maybe you can address that. That's an MPO recommendation. It was initiated by then-Commissioner John Norris. There are issues concerning our roads with mitigation. Where are the mitigation monies going for the roads? For instance, a portion of the Livingston Road extension, the mitigation monies aren't going to CREW lands, they're not going to that watershed. They were proposed to go to South Belle Meade, Picayune Strand, to remove exotics, a one-time effort. It seems as though we can be doing better with our mitigation money, particularly since this county pledged $10 million to purchase CREW lands and hasn't put up one penny. At least they ought to be throwing their mitigation money that way for impacts they're having to that watershed. Then there are also the issues of roads and panthers. There is a federal action out there -- and I'm not the person to address the specifics of that, but I'd be glad to arrange to have somebody to come and talk to you about that -- that there's a lawsuit that has been brought by a variety of environmental organizations, Florida Wildlife being one, it's spearheaded by National Wildlife, dealing with federal monies that are coming to Collier and Lee County without any consideration for those roads impact -- the impact of those roads on wildlife, most specifically panther. And North Belle Meade, it's documented panther occupied area. South Belle Meade is Priority I Panther Habitat. And a good portion of this county is significant panther habitat. There are panther issues along Immokalee Road and the issues of Page 25 June 7, 2000 expanding that road. And the 951 extension goes through Priority I Panther Habitat. Those are just some issues, some thoughts and some concerns. And I would like to have Gavin address the 1-75 bypass and issues of is there any consideration from this county in their planning efforts for wildlife and wildlife habitat issues and driver safety issues as they pertain to impacts or collisions with wildlife? MR. JONES: I'll talk about the map again briefly. Most of the facilities on that map came from the network that I described that was built to serve our 2020 population forecast back in 1995. Some of them have been added only recently, and just at the staff level. And they wouldn't see the light of day as an adopted network unless one, it was verified through a modeling process that, you know, they actually serve the purpose that, you know, they're intended which is to help facilities somewhere else on the network. And also, they wouldn't appear if the lands -- you know, if it was going to be impossible to build them. So that's a process that we go through. As we update the plan, we'll sort out which ones are, you know, feasible from-that ^ perspective and which ones aren't. Now, we've been directed to explore the possibility of an Interstate 75 bypass to take traffic volumes off of 1-75. The substantial -- there are substantial volumes on 1-75, particularly when you get north of lmmokalee Road. However, a bypass, if it, you know, syphoned off.the 1-75 volume somewhere on the northern edge of the county, maybe even in southern Lee County and took them out conceivably out to where State Road 29 intersects 1-75, the only trip-makers that would probably find that advantageous to, you know, use it to avoid the urban area would be ones that are actually making a trip that originates or, you know, ends east of State Road 29 and has another trip in north of -- you know, north of the other juncture. The volumes on 1-75 out past State Road 29 are about • 12,000 cars a day. We have traffic calming issues in Collier County that sort of involve numbers larger than that. So we will investigate it. My suspicion is it's not going to do what it's intended, which is to help the Interstate 75 volumes. 1-75 is being used as an inter-county commuting facility. That's why those volumes are there. But we'll explore whether a bypass will help Page 26 June 7, 2000 it or not and what are some feasible possibilities for that. As far as, you know, the danger to animals from the roads that we plan, we don't do design work, and there are opportunities during the design phase to do things differently as far as animals are concerned. But basically we don't set policy. Staff doesn't set policy. And it's true that if we didn't build any more roads, that would probably help the wildlife. But it wouldn't do a lot for the economic development of the county. And those kind of decisions rest in the hands of the County Commissioners. MR. SMITH: Can I make a comment about that? I find myself agreeing with Nancy Payton, that what we really need to perhaps consider when we do the development of necessary roads is to take into account the environmental concerns, including wildlife, rather than simply taking the approach that we need to remove lands from the private sector and placing them into public sector as a solution. I think there are better solutions. So I thank you, Nancy, for that idea. MR. KANT: Edward Kant. I just want to make one quick comment with regard to the design issue. When it comes to the design and permitting and construction of a roadway, the regulatory agencies, including our own county level regulatory agencies, treat the -- that project as any other development project. We're required to provide mitigation, we're required to meet the standards. Frankly, we sometimes feel like sometimes we're held to a higher standard because we are the county and we have to set an example. Now, I don't think that's necessarily true, but I know some of my staff does at times. So I don't think that it would be a fair statement to say that what we do we do in a vacuum with respect to environmental issues. I think that, first of all, Florida is probably one of the if not the most regulated state in the nation. We deal with about 20-some odd permits or permitting agencies at the federal and state levels, plus whatever we have imposed upon ourselves at the local level. So I think that it is not unreasonable for me to stand here and say that we do have a keen sense of environmental issues. We have, as a matter of fact, in our engineering design ^ department, one project manager whose sole function is to assure that we are aware of and meet the environmental issues. Page 27 June 7, 2000 And so I think that that's important for this board, for the public and for anybody else that's interested to know, because, as I said, from the regulatory point of view we're just another developer. MR. SMITH: Mr. Kant, I was -- when I'm listening to you, what it appears to me is that there are certain criteria that have been established to take care of environmental issues as they stand right now. I think what Nancy Payton was pointing out is that there may be some areas where those standards may not be to the level that are necessary to protect certain endangered species and some other issues. MR. KANT: She may be entirely correct. MR. SMITH: The thing that I was wondering about is when Bill Lorenz was talking about the rural assessment and the using of the studies that are being done now for thinking about the future in terms of what development will happen, whether in that study if it is determined that any new developments that would occur should take special account of certain portions of the environment that need to have some special protection and build in to the requirements for any road building or community building, those things, so that we have sort of a gelling of the different interests as opposed to having, you know, one against the other type of thing. MR. KANT: I can cite as an example the section of Livingston Road from Immokalee Road North of the county line. It's a three-mile section of road. We -- as part of our mitigation, we bought over 400 acres of land. Now, what that land -- whether or not it was put to the correct use, whether anybody believes it was, is at this point not an issue that I'd like to address, because we do what we're told to do. And when I say we do what we're told to do, we weren't taken kicking and screaming to it. We said okay, what do we have to do to mitigate this. We were told this is what you have do to mitigate it. If in fact those mitigation measures or the way we mitigate is something that needs to be examined, then that's for those folks who do that type of thing to do. When we're talking about designing a roadway, we have to take the posture that our mission is to design a roadway that is safe and efficient, that meets all of the codes, standards and regulations that are in place, federal, state and local, and is Page 28 June 7, 2000 consistent with generally accepted sound engineering practice. And all those other fancy terms that we use. In doing that, we do address these issues. However, unless there is some other driving force, it is not -- I don't believe it's a good use of public funds to go above and beyond what is required. We will do what is required. Just as any -- the gentleman that was sitting here earlier, a developer gentleman, they'll do what is required. Now, unless they have some reason -- maybe there's a marketing and they want to make it fancier or they want to do more, that's fine. But I don't think that it is unreasonable to say that the county certainly does its share, and I think in many cases it does more than its share because we are the county and we do have to set an example. Thank you. CHAIRMAN CORNELL: Any other questions for Ed or Gavin? MR. BAXTER: Yes. Is the runoff monitored for pollution? And how much is there? MR. KANT: Yes. Part of the design -- we cannot discharge directly into canals. We have to have pre-treatment stormwater detention. For example, on Golden Gate Boulevard, which is now just going under construction, we had to go out and buy 28 acres of land separately for detention ponds alone. We also had to go down 14 of the side streets and do ditch improvements with ditch blocks in order to pre-treat and handle the water prior to its discharge into the canal. So we do have to take care of those issues. As far as what the criteria are and what the -- how much the fore versus after, I have no idea. I don't get into that level of detail, sir. But if you really want to get those answers, I can give you the name of somebody that would have that and we'll get the information for you. CHAIRMAN CORNELL: Other questions? MR. KANT: Does that answer your question? MR. BAXTER: Yes. CHAIRMAN CORNELL: Anything else? Thank you very much, Ed, Gavin. We appreciate your joining us very much. Bill, do you want to do a Growth Management update, or -- ^ MR. LORENZ: Yes. For the record, Bill Lorenz. Yes, the fringe committee, of course, as I noted before, has Page 29 June 7, 2000 ;f been actively working on the evaluation matrix. At their last meeting they basically agreed substantively to all 12 factors. At their next meeting they'll see the language of one of the factors. I'm sure that we've got their intention correct. Thereafter, their effort will then be worked on what they call Area B, which is the Immokalee Road -- let's call it the Immokalee Road Corridor, where staff will be taking the 4_' information and the evaluation matrix and apply it to the current comprehensive plan. And then we'll evaluate the current comprehensive plan's impact on a number of these issues that are embodied in the evaluation factors. So that's basically their next step. We figure that we should be able to have something for them to look at in two months. At the same time, the committee will also begin to start brainstorming alternate land use strategies, especially for this particular area, because they have prioritized these areas. They will be meeting -- their next meeting is June 21st at 4:00 at Development Services center. And the meeting after that scheduled is June 28th. That June 28th meeting is at 4:00. It will be here in this particular meeting room. And the topic of discussion there will be school siting. The school board staff will be presenting the committee with a number of -- a large body of information concerning what their siting needs are and where some of their sites may be so that the committee can then take that into account as it does its planning. Thereafter, the committee will be meeting the second and fourth Wednesdays at 4:00 at Development Services center. The Rural Lands Committee also had met a couple of weeks ago. We presented them with the evaluation matrix. They would like to spend at least another two meetings themselves on getting up to speed with the evaluation matrix. And that will occur -- I think they've scheduled their meetings for June 19th and July 17th. Both of those meetings, I believe, are at 6:30 at the Agricultural Extension Office at Orangetree. Assuming we can get through the evaluation matrix in two meetings with them, they would like to then hold a joint meeting with the rural fringe committee, perhaps iron out any discrepancies or differences in the evaluation matrix with the rural fringe committee. And that will probably happen in late summer, early fall. Page 30 June 7, 2000 ti. And at the same time in the rural lands area, Wilson-Miller, who is consultant for the Eastern Property Owners, have been updating information, land cover information, ground truthing some areas, and will be plugging that information into the methodology that the Game and Fresh Water Fish Commission utilized in their Gaps Report. Basically they'll be updating some information in the Gaps Report. And that's the ongoing data activities that Wilson-Miller has been performing in the rural lands area. That's pretty much it. Although, there was one topic, and think I'll bring it up to the EAC as well. The fringe committee is also interested in developing a more aggressive public awareness campaign. I have talked with Jean Merrick, who is the public information office coordinator here for the county. She's going to be addressing the -- we've made arrangements for her to address the fringe committee. I believe it's going to be their January -- their first meeting in -- excuse me, their first meeting in July that she'll address the committee with some ideas for a public awareness campaign, solicit the committee for ^ some of their input, and then thereafter will develop a little bit more of a detailed schedule and set'of components for more enhanced public awareness. Because we're at the stage now where we will start dancing out the evaluation of the current plan and looking at some alternative strategies, which we'd really need to get some public input. A lot of the effort to date has been, if you will, fairly dry in terms of putting together an evaluation matrix. But I think we're moving to the point where we need to have some additional public input. So she'll be addressing the committee with some ideas in the July time frame. CHAIRMAN CORNELL: Questions for Bill from the board? From any attendees? Nancy? MS. PAYTON: Nancy Payton, representing the Florida Wildlife Federation. I'd like to address the issue of public participation in the rural fringe and public attendance at those committees. And one, that the rural fringe committee's been meeting at dinnertime. It's a very difficult time for a lot of the people in the public to P-• attend, 5:00, so I'm glad it's being moved back to 4:00. I think that's a better time, at least for some of the folks that we Page 31 June 7, 2000 represent and the Collier Audubon people, that that's a better time. Dinnertime's tough for a lot of folks. The other issue is that the county can't have two important environmental meetings at the same time. They've had LDC hearings at the same time the Rural Fringe Committee has been meeting, and it's been difficult for folks that wanted to attend, they sort of have to make a choice. And therefore, I think the county's got to be sensitive to not piggybacking issues that are of concern to the community and the environmental community who seems to be the ones that show up most from the public. The Rural Lands Committee, I've only been to one committee meeting. That was the one that was held here at Mary Morgan's office. And based on my looking at the minutes, that's the one that was most well attended of all of them. And it's only -- they've only had one meeting there. And I don't know if they intend to have another meeting there. But it's far better that they meet at Orangetree than way out beyond Immokalee. Because most of the people that have been attending, based on my observation of the minutes, have been folks -- or want to attend are folks that are more coastal. And having them, even if it's permanently, at Orangetree is kind of a halfway point between both. And I think that their meeting after dinner is far better than 5:00 or 4:00. So all in all, I think you're moving in the right direction and it might explain why some folks like me haven't attended some of the meetings. Plus they've been incredibly dry for the rural fringe with the matrix. MR. SMITH: If I might comment. The county, Vince Cautero, took the ball in his own hands and attended a meeting at the Golden Gate Estates Area Civic Association at the Estates library at their last meeting. It was packed. We had citizens that were very, very interested in this project. So this isn't something that the people are not interested in. And I applaud you for taking that into account. CHAIRMAN CORNELL: Thanks, Bill. We're all set. Next item, we have a land use petition. Do you want to swear in anybody that is going to testify. (All speakers were duly sworn.) MR. BADAMTCHIAN: Good morning, council members. My name is Chahram Badamtchian from planning services staff. Page 32 June 7, 2000 This is a land use petition. The applicant -- the agent, Mr. Tim Ferguson, is requesting a rezone from agricultural and the PUD to PUD for a travel trailer park or motor home -- motor coach home. The parcel consists of 93.5 acres, located on the south side of Immokalee Road, almost half a mile east of 951. They are proposing to build the travel trailer park for 420 recreational vehicles. The density is 4.49 -- approximately 18 acres of preserve they will have, which will contain boardwalks and nature trails. This project will generate 1,327 trips, vehicular trips, a day on Immokalee Road. This petition is consistent with the requirements of the Growth Management Plan. Staff recommends approval. Our engineer and our environmentalists are here to answer your questions. MS. BURGESON: For the record, Barbara Burgeson with planning services. This petition is actually Steve Lenberger's. He's on vacation, so I'll do my best making the presentation for him. The environmental consultant, Marco Espinar, is here. So if you have more detailed questions, I'd prefer that you ask him. The 93-acre parcel, native habitats found on site, were mostly pine flatwoods, cypress pine, cabbage palm mix, and an area of cypress that was located on the northern half of the property near the Immokalee Road portion of the property. Approximately 68.6 acres of the 93.5 are potential jurisdictional wetlands. A lot of those, according to Steve, were fairly highly degraded with exotic invasion that shows the 73 percent total of the site that were by wetlands of one quality or another. Petitioner proposes to restore and preserve 15.18 acres of the wetlands on-site, and proposes also to preserve 3.47 acres of uplands, and retain or replant a total of 4.98 acres of uplands hi the buffers around the perimeter of the property. This meets the 25 percent native vegetation retention requirement within the Land Development Code, and also the listed species survey that was done on-site, both last August and September -- I'm sorry, August and September of '98, and this past January, 2000. Identified no threatened or endangered Page 33 June 7, 2000 species on-site or utilizing the site. Staff's recommendation is for approval of this PUD, with no additional stipulations. Steve felt that the stipulations that were P p included in the PUD document were adequate to support staff's position that everything was being properly addressed through the PUD document. CHAIRMAN CORNELL: Questions for staff? MR. CARLSON: Why are we putting the word "potential jurisdictional wetlands" on the 68.66 acres of wetlands? Is that yet to be determined if they're jurisdictional wetlands or not? MS. BURGESON: Marco, if you could answer that, please. MR. ESPINAR: Good morning. For the record, Marco Espinar, Collier Environmental Consultants. Both the Corps and the Water Management District, Ed, have done jurisdictionals out there. A little history of this project. This project originally was approximately 80 acres, and we added to this about 15 acres for a total of like 95 acres. They came out and they did a jurisdictional for the first 80. So when we say potential, they still haven't looked at the new addition of 15 acres that we've added to them., And I can show you real quickly what I'm talking about. The original project included this piece here. And it was severed like right down here, going down like this. And this is what we had the Corps and the Water Management District look at the jurisdictionals, and they agreed with my jurisdictional line. The new area that we've added is this piece in here of which you've got two huge upland portions in here, and then the rest of it is consistent with the type of habitat we're dealing with here and that is cypress/melaleuca mix. Does that answer your question? MR. CARLSON: Yes. So my understanding then is the majority of the wetlands have been designated as jurisdictional and there's just that one piece left. CHAIRMAN CORNELL: Other questions for staff or petitioner? We don't have much of an audience left. Did you have one? Oh, sorry. MS. SANTORO: Yes. When I looked at this and read the soil types and so forth, it sounds like most of it is a wetland. Now, I realize that a lot of it has been filled with exotics, but basically Page 34 June 7, 2000 the report said you had 68 acres of wetlands, minus the ones that you're going to preserve. That leaves 53 acres of lost wetlands. Also, the report mentioned not only on-site but off-site mitigation, and I didn't see anywhere where it discussed the off-site mitigation. MR. ESPINAR: Right now we're asking for a rezone of this parcel of land. During the permitting process with the Water Management District and the Corps, we will negotiate an off-site mitigation. At this point we don't know what ratios we're going to be at. A lot of things are considered into the equation of off-site mitigation; i.e., the quality, the impacts that we're proposing and what we're proposing to do with the preserved wetlands. So that element has not been calculated yet. It will be calculated during the permitting process with the Water Management District and the Corps. And we do recognize that we will have to do off-site mitigation on this project. MS. SANTORO: The other thing is the ingress and egress. Does -- do they own -- does it abut the side road there? I was trying to find the name of it, but I can't. Do they own up to the - not Immokalee, but do they own up to the side access road? There's no access showing on the map at all, only into Immokalee Road. MR. BADAMTCHIAN: May I answer that question? Travel trailer parks are considered commercial, and our Growth Management Plan prohibits access to residential roads. And that's considered a residential road. It's called Woodcrest or -- Woodcrest. And it's considered a residential road. So they cannot have access to that road. MR. CARLSON: I have a couple more questions. CHAIRMAN CORNELL: Sure. MR. CARLSON: The preserve areas proposed satisfy the 25 percent requirement for the county. I should know this, but there is no other element of our Growth Management Plan or Land Development Code that protects wetlands above that minimum? I mean, it's up -- it's the option of the applicant to decide whether he's going to preserve uplands or wetlands, but there's no incentive to preserve wetlands -- Page 35 !iM�r June 7, 2000E MS. BURGESON: At this -- MR. CARLSON: -- above and beyond the 25 percent requirement? MS. BURGESON: I wish that Bill Lorenz was still here. Part of the Land Development Code and Growth Management Plan requirements for the county has included a habitat protection ordinance which would have addressed -- we actually had about 17 drafts of that, and several presented to the Board of County Commissioners over the past -- hi, Bill -- over the 4= past maybe seven years. That would have addressed staff being able to prioritize habitat protection, because we were looking at f" t`he highest quality of habitat on-site, and being able for us to direct the property owner to protect that particular type of habitat. Unfortunately, I don't believe that we had any support for any of those habitat protection ordinances, as they were presented to the board when they were presented. What that leaves staff with is the ability to require 25 percent. Now with the gopher tortoise protection language in there, the ability to direct and prioritize gopher tortoise habitat in the rare scrub habitat, but without a wetland ordinance, per se, or that additional protection directed towards the wetlands, we do not have on staff level the ability to do that. We talked a couple months ago about having a wetland workshop in July. However, I probably will not be in town for that meeting. So I'd like to ask if it's at all possible to have that in August. And we had talked about trying to get someone from Martin County here to make a presentation as to how their wetland ordinance functions, maybe being able to incorporate some additional protection or direction. I'm not sure that we'd be able to do that above and beyond the 25 percent, but there still may be some direction for us to strengthen protection of what might be highest quality wetlands on-site. MR. CARLSON: Well, you know, here's my basic problem. I mean, there's no doubt, we all know the value of wetlands. You know, they help recharge the groundwater and here we are on water restrictions, and they help buffer us from wildfires, and, you know, they improve water quality. And wetlands do all this great stuff for us. And you know, we have this wild fluctuation here from one year to the next, floods and fires and poor water quality and all this. And it just seems like we ought to be doing Page 36 June 7, 2000 more to preserve more wetlands in this county. Could you -- I mean, you're going to face other agencies that do have wetland protection rules. And I know that one of the things they're going to ask you to do is to show how you avoided impacting wetlands with this project. Now, when I look at this and I look at the gerrymandered preserve areas and the wetlands, you know, and I go through the exercise of coloring in the wetlands that are being lost, the yellow on my -- for the camera. Could you just sort of walk us through your logic and how you avoided impacting wetlands with such a huge amount of wetland impact in here and such a small amount of preservation of wetlands? MR. ESPINAR: Yeah, sure, Ed. I do take those things into consideration. When I'm looking at this project, I am looking at the clients', you know, bottom end and that is money-wise, what he's going to have to spend for off-site mitigation on this project. Saying that, when I looked at this project, what I tried to do is target some of the best restorable wetlands that I can find on site. The site has got how many acres, 68.66 acres of wetlands. Not all of them are really that goody of quality. The areas that saved towards the eastern perimeter actually had some beautiful big cypresses with big buttresses on them. And that's what the areas I was trying to target precisely, so when the Water Management District or the Corps goes out there, they can see, okay, we're saving the better quality wetlands and we're impacting the more impacted wetlands. And thus when we're looking at mitigation and off-site mitigation costs, they take that into consideration so our cost might -- will be minimal. And the flip side, if they saw me haphazardly impacting wetlands, they will consider them all impacted and we'd have to mitigate them for all of the wetlands out there. The -- like I said, the better quality wetlands are on the eastern perimeter. There's actually a little depressional cypress head on the northeast area of the parcel. We incorporated that into our preserves. Like I said, we've tried to look at the best habitat. We wanted to save some uplands, too. As you can see, we did try to save some uplands in there. Even though we didn't '1 find any endangered species out there, we try to think of potential species such as fox squirrels. Even though we did not Page 37 June 7, 2000 find them out there, the potential is there. So we went ahead and tried to save some uplands adjoining the wetland areas, too. Does that answer your question or -- CHAIRMAN CORNELL: Other questions for the petitioner? MR. CARLSON: I would just like to support Barbara's comment, that we had another county's wetland protection ordinance presented to us. I don't think we ever really addressed that or discussed it or -- and if other counties are protecting wetlands, I don't see why we can't. I mean, it's as plain as day that we have a problem here with fluctuating water tables, fires and water quality, and I think -- I'm sorry, Marco, but, you know, I just think this is a bad deal for Collier County to lose this much wetland and only preserve 15 acres or 14 acres on-site. I just think it's a bad deal for the county. MR. ESPINAR: If it's any consolation, we will be mitigating and probably panther island mitigation area, which will be in the same watershed area. So the impacts that we are proposing, we will be mitigating them within that same basic watershed. CHAIRMAN CORNELL: I think we'll be talking more about wetlands shortly. Any other questions about this project? What is your pleasure as to going forward? MR. SANSBURY: Move approval, with staff comments. MR. SMITH: I'll second it. CHAIRMAN CORNELL: Any further discussion on the motion? All in favor? MR. BAXTER: Aye. MR. COE: Aye. CHAIRMAN CORNELL: Aye. MR. McVEY: Aye. MR. SANSBURY: Aye. MR. SMITH: Aye. CHAIRMAN CORNELL: Any opposed? MS. SANTORO: Opposed. MR. CARLSON: (Indicated.) MS. SANTORO: May I make a comment? I totally concur that -- and I had read all the minutes about the fact that you're looking at wetland ordinances. If ever we had an example of a problem, this is it. We just lost 53 acres of wetlands, without any Page 38 June 7, 2000 description as to whether it's a good wetland, poor wetland, et cetera. Definite need for it. CHAIRMAN CORNELL: I appreciate your point, and I think we'll -- let's jump right into that. In old business, I wanted to give you a brief recap of our report to the Board of County Commissioners. Tom Sansbury joined me a few weeks ago, and Bill Lorenz had suggested that the commissioners would perhaps be most interested in our future plans and directions, and so we talked mainly about that. And I -- that is to remind you also that in our top three action 9reas, one of them is indeed wetland impact and mitigation. And we are putting together a wetlands subcommittee, and I think the idea of launching it, launching the effort sort of with a workshop at the August meeting sounds like a good one, if that meets with your pleasure. And the other areas for this coming year, as you know, being some role in the assessment process and getting a little bit more involved with habitat and species protection. And then we also talked about the areas that were more of a -- more on a study category, sewage systems and property rights and so forth and so on. And I think the report was well received. There were a couple of -- we invited their feedback as we looked ahead at our future work. And we got some. And I wanted to share the couple of comments that we got. Now, these are just from individual commissioners. There were no motions made or anything like that. But as far as our role in the assessment process was concerned, I think that one of them said don't be too aggressive about that, we see your role perhaps as reviewing it when it's pretty well along. Under our plan to talk about individual property rights or study that area, they wanted to make sure that we involved the county attorney. They were interested in our -- in the fact that we would be reviewing our own processes towards increasing our efficiency, and they said by all means, let them know if there are any glitches that we identify. And finally, in talking about the Item RMK, establishing a '~ close relationship with the South Florida Water Management District, they just -- one of them said make sure you don't skip Page 39 June 7, 2000 :. over the Big Cypress Basin board in that discussion. Anyway, Tom, unless you had any other -- MR. SANSBURY: No. CHAIRMAN CORNELL: -- recollections of how that went, that was my report on that. But wetlands is definitely one of the three things that we had chosen as an action item. And I think if it suits you, we'll get that started in August, at the August meeting. Let me ask you, on that subject, or looking ahead, about a couple of things. One is, would you like to try to make more of an effort to involve the public in something like this wetlands discussion? I mean, it's something that I know, Richard, you had expressed some strong feelings about earlier, that we should make more of an effort to reach out to people and involve them in some of these issues, and whether people would be interested in attending such a session, if it were advertised, let's say. Is that a direction that you'd be interested in going in, or is this something that we -- MR. SMITH: I think getting public involved is always an important thing. I was thinking in particular with the rural assessment, that the direction from the Governor and Cabinet is to make the public — CHAIRMAN CORNELL: Yes. MR. SMITH: -- a hallmark -- CHAIRMAN CORNELL: Right. MR. SMITH: -- of that effort. But, you know, other -- in general, I just think it's always a good idea to have as much public input as possible. MS. BURGESON: Being that it's two months out from this meeting that we're planning on having in August, it would be fairly easy for staff to put together some type of a notice that we could at least put up on the public properties and send out to the organizations that we feel would probably be interested in attending. CHAIRMAN CORNELL: Organizations. Would that -- people -- would individuals see it and be able to attend, or is that -- MS. BURGESON: Oh, definitely. CHAIRMAN CONSTANTINE: Okay. Does that meet with your approval? Page 40 June 7, 2000 MR. SMITH: You know, it's always good. I think one of the things that we ought to consider in that process is that in addition to the organizations that are -- that are dedicated to environmental issues, that we ought to perhaps take into account, you know, people generally who have perhaps issues that are also important to be included. CHAIRMAN CORNELL: Uh-huh. Okay. Fair enough. One other housekeeping issue is our next meeting is set up for July 5th. We're a little understaffed here, so are we all -- does anybody have a vacation schedule conflict there, or will we expect to have a quorum for that meeting? Okay, great. There's a provision here for a subcommittee report on the Growth Management subcommittee. Richard, I know you've been following that most closely. MR. SMITH: Bill Lorenz did an excellent job of giving an overview of what's going on, and I've commented about Vince Cautero coming up. And other than that, I really don't have anything else to add. CHAIRMAN CORNELL Okay. Any other comments or -- �' MS. BURGESON: If you've got just a couple of minutes? CHAIRMAN CORNELL: Sure. MS. BURGESON: The brief discussion that I had earlier on the habitat protection ordinance, Bill could really give you maybe a couple of minutes of an overview on how hard his staff and his group has worked to try to accomplish that. And I can see that some of the members of this board probably aren't aware of what happened maybe five to 10 years ago -- CHAIRMAN CORNELL: Sure. MS. BURGESON: -- and what staff was trying to accomplish. So if you've got just that time. MR. LORENZ: Yes, what's known as the Habitat Protection Ordinance, basically, was a -- the ability to recognize that certain habitats have some greater functions or, let's say, greater values, and we forced ourselves into a prioritization process than other habitats; both considerations of uplands and wetland habitats. The underlying structure of the ordinance was to take a -- for instance, take the plan that you currently were looking at and r' each of the -- each of the habitats that would be mapped out would be scored, and those scores would be based upon the type Page 41 4 June 7, 2000 ` of habitat. For instance, there are certain habitats that are in Collier County what we would consider rare, unique. For instance, a scrub habitat would have a higher score than just a -- let's say a pineland habitat, unless there were a listed species on-site. In which case then that would get an additional score. So we added a scoring system such that as you took each of those mapped habitat units, you would score the habitats, and you'd be required to set aside as part of the 25 percent t preservation requirement the highest scored habitats. 3 There was some flexibility built into the system whereby if you -- if the developer chose not to utilize that highest scored habitat, he could go to a different habitat, but at a ratio basically which would be prorated on the scoring system. One of the places -- if you will, one of the criticisms of it from an environmental standpoint, however, it still was within the 25 percent requirement. We did not go beyond the 25 percent requirement that the Board of County Commissioners has set in the Growth Management Plan. Such that perhaps in many cases, as you can see on-site, the jurisdictional agencies may require -- federal and state requirements may be greater than 25 percent simply because of the amount of wetlands on-site. So that we did not go beyond the 25 percent requirement because that was the board's policy -- prior board's policy decision. We utilized that, if you will, as a constraint to work that ordinance within. The final -- the final order from the Governor and Cabinet recognizes that everything that we've done to date still does not address wetlands and listed species protection in the county. So we're going to have to look at some kind of wetlands and species protection strategy that is different than we currently have in the Growth Management Plan. That's still part of what the two advisory committees are going to have to come to grips with. Because when we finally go back to DCA, we're going to have to show that we have a wetlands and listed species strategy that makes sense that they can buy off on. So to the degree that the EAC gets involved with some of these more technical issues, like looking at gathering information on wetlands, what are -- what I'm going to say, what gaps exist that you will identify between the federal and state process, and what you would as a body like to see occur, Page 42 June 7, 2000 perhaps in those -- plugging those gaps could be helpful in our ability to get through the final order requirement. Not only on the wetlands side of the house, but also on the listed species. Because I noted, those are the two areas basically of deficiency that everything we've done to date in our remedial amendments will not have addressed the wetlands and listed species issues. And that needs to come about in the year 2002. And basically there's two ways of doing it, or maybe a combination of both ways: One is identify areas in Collier County where you basically do not allow development to occur, because that would be incompatible development for either a wetlands perspective or a listed species perspective. And/or if you allow it to occur, do you have the appropriate performance standards or guidelines or permitting standards in place that if it were to occur, it would be sufficiently -- the impact would be sufficiently mitigated. So that's really the -- that's what we're faced with, and that has to be all effective June of 2002. CHAIRMAN CORNELL: So it's an opportunity for us to get involved. Any questions- or comments? MR. CARLSON: I have a question for Mr. Legal Counsel. Since we have identified wetlands as something we want to get involved in on this board, are we violating any sunshine stuff if some of us speak individually outside of this public forum about the general topic of how to save wetlands and how -- what other counties are doing? MR. PALMER: No, you're free to do that. What you cannot discuss off the record and in private are quasi-judicial matters that affect the rights of applicants that you know or suspect will come before this board for a decision by this board. General matters like legislation, what should go into ordinances, general forward-looking policy decisions that are not specific to a particular case that you're contemplating, you can do that, discuss that at your will. MR. CARLSON: Thank you. MR. SMITH: And that discussion is between the members themselves? MR. PALMER: Yes. As long as it doesn't involve a matter that's going to affect the rights of an applicant that you know are Page 43 June 7, 2000 t},r ' E sp going to come before the board or you suspect are going to come before the board. General discussions about policies, the way you view things in general, whether or not you think the ordinance is less restrictive or more restrictive than you would personally like and so forth, those kinds of discussions are fine. Those are legislative matters rather than -- as distinguished from quasi-judicial. CHAIRMAN CORNELL: Thanks. Other questions or comments? Thanks, Bill. Any other issues or reasons why we should not adjourn? MR. SMITH: I move we adjourn. *!' CHAIRMAN CORNELL: Hearing none, we will adjourn. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:45 a.m. ENVIRONMENTAL ADVISORY COUNCIL KEEN CORNELL, CHAIRMAN TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY CHERIE' R. LEONE, NOTARY PUBLIC Page 44 I Item V. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF JULY 5, 2000 I. NAME OF PETITIONER/PROJECT: Petition No.: Planned Unit Development No. PUD-00-12 Petition Name: Arlington Lakes PUD Applicant/Developer: S.J. Benson&Associates, Inc. Engineering Consultant: McAnly Engineering &Design, Inc. Environmental Consultant: Butler Environmental, Inc. II. LOCATION: The subject property is an undeveloped 98.37 acre parcel located in the south- - west quadrant of the intersection of Pine Ridge Road and Interstate 1-75, in Section 18, Township 49 South, Range 26 East, Collier County, Florida. More specifically, the site occupies the area between Whipporwill Lane and the future Livingston Road and is about 1/3 mile south of Pine Ridge Road. III. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties are mostly undeveloped with the following zoning classifications. ZONING DESCRIPTION N - RSF-5(0.4) Undeveloped Agricultural Single Family Residence S - Agricultural Single Family Residences Agricultural Undeveloped E - Whipporwill Lakes PUD Undeveloped Whipporwill Pines PUD Undeveloped Agricultural Single family Residence Whipporwill Woods PUD Undeveloped W- Agricultural (Proposed Undeveloped Brynwood Preserve) Agricultural Single Family Residences Agricultural Future Livingston Rd. Agricultural FP&L Transmission Line Agricultural(Proposed Undeveloped Alexandria PUD) IV. PROJECT DESCRIPTION: The proposed Arlington Lakes PUD comprises a total of 98.36 acres which is presently undeveloped A, Rural Agricultural zoning. If approved, the proposed rezoning will provide 610 dwelling units at a density of 6.2 units per acre. The principal uses will be either single family and/or multi-family type homes, including zero lot line and patio homes, and group care facilities. Typical lot sizes for single family homes will range from 3,000 to 6,000 feet. Additionally, the typical accessory uses will be provided, such as private garages, recreation facilities, water management facilities and lakes, and storage areas. Other features include a 19.0-acre preservation area and a flowway providing drainage outfall for this property. The flowway, required by SFWMD, will direct drainage from this property and those located to the north of this proposed PUD, southward across Whippoorwill Lane and the Whippoorwill Woods PUD, then terminating in the Kensington Canal. The flowway will also divide the property into east and west sections, which will not permit any east-west road interconnection as specified by the SFWMD. County water and sewer facilities are available to this project. V. GROWTH MANAGEMENT PLAN CONSISTENCY: The PUD is located in the Urban Mixed Use—Urban Residential Subdistrict of the Future Land Use Map of the Growth Management Plan(FLUE-GMP), and is within a residential density band. This Subdistrict provides for higher density and intensity development in an area with relatively few natural resource constraints, and where existing and planned public facilities are concentrated. A base density of 4.0 dwelling units per acre and a density bonus of up to 3.0 dwelling units per acre are permitted for a total eligible density of 7.0 dwelling units per acre. The proposed density of 6.2 units per acre falls within the eligible density permitted. The proposed development is deemed consistent with the Growth Management Plan(GMP) and, given the proposed residential housing types and development, it is also consistent as it relates to compatibility with existing and proposed development nearby. VI. MAJOR ISSUES: Water Management: Arlington Lakes is a 98.4 Acre site. The Water Management System consists of interconnected lakes and preserves that provide the water quality retention and peak flow attention, and a slough that provides off-site and on-site runoff conveyance. The slough that runs through the site will be incorporated into an area-wide Water Management Plan for this section. Its preservation and maintenance are covered under section 5.6. c of the PUD Document. A berm separating the slough from the developed portion of the project will be built through an existing borrow pit. Environmental: Site Description: The subject property is naturally vegetated except for existing roads/easements and a borrow pit located at the south end of the property. Native habitats on site include hydric and non-hydric pine flatwoods, saw palmetto with pine and cypress. Most of the cypress is located towards the center of the property and forms a natural north-south drainage corridor on the property. Lichen lines, water marks and adventitious roots were used to identify the seasonal high water levels. These were found to average around 4 to 5 inches above natural ground elevation in the central cypress/flowway on site. There was no evidence of historical high water levels that differed from the seasonal water levels. Two soil types occur on the subject property as mapped by the Natural Resources Conservation Service (NRCS). These are Holopaw fine sand, limestone substratum, (Unit 2) and Malabar fine sand (Unit 3). Both soil types are listed as hydric by the NRCS. Wetlands: There are approximately 44.86 acres of jurisdictional wetlands on the project site, the extent of which have been verified by the South Florida Water Management District(SFWMD) and the U.S. Army Corps of Engineers (ACOE). These consist of hydric pine flatwoods and cypress. Approximately 33.43 acres (74 %) of the wetlands on site will be impacted by development of the proposed project. In order to mitigate for impacts to jurisdictional wetlands, the petitioner proposes to establish a flowway in the center of the property to allow for a centralized drainage corridor. After pretreatment,runoff will be directed into the flowway and ultimately discharge into the preserve area within the Whipporwill Woods PUD, to the south east of the project site. The flowway is approximately 19 acres in size, of which approximately 10.48 acres are currently vegetated with native vegetation. Exotic/nuisance vegetation will be removed from the flowway and areas devoid of vegetation will be replanted with native species. Details about the restoration plan have not been provided. Preservation Requirements: In accordance with 3.9.5.5.3 of the Collier County Land Development Code, twenty five percent (20.51 acres) of the viable naturally functioning native vegetation on site shall be retained. The proposed flowway in the center of the property contains approximately 10.48 acres of existing native vegetation. The petitioner proposes to identify the remaining 10.03 acres at the time of next development order submittal and this most likely will consist of buffers adjacent to the edge of the preserve/flowway and other naturally vegetated "open space" areas within residential tracts. n Listed Species: The subject property was surveyed for listed species for a five-day period during the month of April 2000. Observations beginning at dawn and continuing past dusk and starting again early the following day were performed. This included walking meandering transects interspersed with stationary observation, during the survey. All wildlife observations were noted (with the exception of common insects and arachnids),both direct(sight/sound) and indirect. There were no threatened or endangered species observed during the sampling periods for the site. The applicant has contacted the Florida Fish and Wildlife Conservation Commission (FFWCC) about information on listed species in the area. A response from this agency has not yet been received. VII. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development No. PUD-00-12 "Arlington Lakes PUD"with the following stipulations: Water Management: 1. The project must obtain a Surface Water Management Permit from the SFWMD prior to any site development plan approval. 2. The developer must obtain a letter from Collier County's Director of Stormwater Management that the drainage system conforms to any local drainage or Basin studies being done by that department. The letter must be obtained prior to applying for any S.D.P. 3. The Plat of Arlington Lakes must show the "Flowway" as an easement dedicated to Collier County with no responsibility for maintenance and to Arlington Lakes with full responsibility for perpetual maintenance. Environmental: 1. Remove all reference to setbacks from the flowway/preserve in section 3.4 of the PUD document except for that indicated in "Table II Development Standards"in the same section. 2. Amend the following language in "Table II Development Standards" under section 3.4 of the PUD document as follows by adding the underlined language. Note: The location of structures proposed adjacent to the "flowway"/Preserve, shall be subject to the provisions of section 3.2.8.4.7.3 of the Land Development Code. Principal structures shall have a minimum 25 foot setback from wetland preserves. Accessory structures shall have a minimum 10 foot setback from such preserves. 3. Add the following language to section 2.13 of the PUD document. At the time of next development order submittal the petitioner shall identify, in its entirety, areas of native vegetation to be retained and/or areas of landscaping and open space to be planted with 100 percent native species, to satisfy this requirement. PREPARED BY: ,44 I A` STAN CHRZANOWSKI,P.E. DATE SENIOR ENGINEER ()// %0,7„-, STEPHEN LENBERGER DATE ENVIRONMENTAL SPECIALIST II REVIEWED BY: /zo/z co DONALD J. MURRAY,AICP DATE PRINCIPAL PLANNER . /ZM THOMAS E. KUCK, P.E. DATE ENGINEERING REVIEW MANAGER Y-)Q-eAAA-4-ti itchV 6/Z0000 RONALD F.NINO, AICP DATE CURRENT PLANNING MANAGER pp ROBERT J. MULHERE, MCP DATE PLANNING SERVICES DIRECTOR APPROVED BY: (-(7cC) /ENT A. CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR SL/gdh/c: StaffReport Item V. . ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF JULY 5, 2000 I. NAME OF PETITIONER/PROJECT: Petition No.: Planned Unit Development No. PUD-00-09 Petition Name: Madeira PUD Applicant/Developer: Meridian Land Co. Engineering Consultant: Hedrich Engineering, Inc. Environmental Consultant: Abney Environmental II. LOCATION: The subject property is an undeveloped 145.93 acre parcel located in Section 13 & 24, Township 48 South, Range 25 East, Collier County, Florida. It is bounded on the south by Willoughby Acres, on the west by Palm River Estates and Imperial Golf Estates and on the east by a new section of Livingston Road. III. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties include a mixture of developed and undeveloped parcels. Those to the north and east are undeveloped with the northern extension of Livingston Road presently under construction. Properties to the south and east are mostly developed. ZONING DESCRIPTION N - A Undeveloped A-ST Undeveloped S - RSF-3 Mostly Developed E - RSF-3 Undeveloped A Undeveloped A-ST Undeveloped W - RSF-3 Mostly Developed IV. PROJECT DESCRIPTION: The Madeira PUD is a residential community that provides low-density development of single family and two-family attached dwelling units. The project will be a gated access community with internal recreational facilities provided for the use and enjoyment of the residents. The most notable feature of the development is the presence and preservation of a wetland slough that moves through the project. Crossings of the slough are minimized by the proposed plan of development while preserving the natural sheet flow of the slough. The community will consist of up to 438 dwelling units upon completion. V. GROWTH MANAGEMENT PLAN CONSISTENCY: The Madeira Planned Unit Development (PUD) consists of+/- 145.93 acres of land located 3/4 mile North of Immokalee Road, immediately west of and adjacent to Livingston Road. The site is located within the Urban Residential Sub-district of the Urban Mixed Use District as identified on the Future Land Use Map. Residential land uses are consistent with the Urban Mixed Use District as identified in the Future Land Use Element of the County's Growth Management Plan. The Urban Residential District allows for a base residential density of 4 units per gross acre. The proposed project density of 3 units per gross acre is in compliance with the Future Land Use Element of the Growth Management Plan. VI. MAJOR ISSUES: Water Management: The Water Management System for this project consists of a series of retention/detention areas and lakes, some interconnected, that provide water quality retention and peak flow attenuation during rainfall events. There is a slough that runs through the site in a northeast to southwest direction. The slough is a vital part of the North Naples Drainage Network and Construction along the slough is closely watched by the Department of Environmental Protection and the Corps of Engineers. The slough continues southwest through Palm River to the Cocohatchee and is readily visible on aerial photographs. Site and offsite discharge is to the slough. Environmental: Site Description: Native habitats on the subject property include pine flatwoods, hydric pine flatwoods, cypress, cypress-pine-cabbage palm, wetland forest mixed, live oak, cabbage palm, inland pond and sloughs, and freshwater marsh. The most noticeable feature on site is the wetland slough ("Palm River Slough"), which consists of a number of different FLUCFCS types and runs diagonally across the center of the property from north-east to south-west. Also on site are areas which have been cleared in the past. These cleared areas are located at the north end of the site and along the power-line easement on the east side of the property, and are visible on the aerial photograph located in the Listed Species Report. Four soil types have been identified on the subject property as mapped by the Natural Resources Conservation Service (NRCS). These include Hallandale fine sand (unit 11), Pineda fine sand, limestone substratum (Unit 14), Riviera fine sand, limestone substratum (Unit 18) and Boca, Riviera, limestone substratum, and Copeland fine sands, depressional (Unit 25). Three of these soil types, Unit 14, 18 &25, are listed as hydric by the NRCS. Seasonal high water(SHW) levels have been set at nine locations in wetlands and range from a high of 13.19 feet NGVD to a low of 11.42 feet NGVD. Each SHW elevation was marked with a nail set in a cypress tree that had lichen and/or moss that typically are used as indicators. At least two trees were used at each location. Locations numbered 1 through 8 were set in the main slough, with number 1 at the eastern end and number 8 at the western end. See table C-1 on page 24 of the EIS for the results of this study. From the data presented in the table, SHW levels in the slough are about one to two inches above ground elevation. Wetlands: Approximately 50.99 acres, or 62% of the total 81.77 acres of jurisdictional wetlands will be impacted by this project. The wetlands selected for preservation have the highest potential for restoration and include the majority of the central slough. Mitigation for impacts to jurisdictional wetlands proposed by the petitioner include exotic vegetation removal and hydroperiod enhancement within the slough. Off site mitigation is also proposed. Where eradication of exotics results in large areas having a density of native trees and shrubs of less than one per 225 square feet, replanting will be done. Within these areas, native trees and shrubs in three-gallon containers will be planted so that the density of vegetation present in these areas averages one plant per 225 square feet. In areas targeted as herbaceous marsh types, grasses and other low- growing native plants will be installed on one-meter centers, where no .-. groundcover exists after clearing. If the groundcover appears to be sufficient for natural propagation, no herbaceous plantings will be installed. Hydroperiod within the conservation area (Palm River Slough) will be enhanced by design of the water management system. An existing road in the lower slough will be removed and the area vegetated. A control weir will be constructed at the west end of the preserved slough to regulate the discharge of storm water to enhance the local hydroperiod. Improvements will also be made to allow storm water to flow through the electrical power line easement on the east side of the project. In addition to the on-site enhancement activities, the applicant proposes to purchase approximately 29 credits in the Panther Island Mitigation Bank. This number of credits was calculated by use of the Wetland Rapid Assessment Procedure as developed by the South Florida Water Management District (SFWMD). An agreement with owners of the Mitigation Bank is being negotiated. Preservation Requirements: It has been determined from a site visit to the subject property and by reviewing aerial photographs of the area that 116.68 acres of viable native vegetation exist on the subject property. In addition to this, 10.11 acres have been identified as being cleared in the past without a permit from the County. Since a clearing permit was not obtained, this area was included in the native vegetation retention calculations for this project. Given the above, 31.70 acres of native vegetation have been determined to be required within the PUD. To meet this requirement, the petitioner is proposing to preserve 30.78 acres of native vegetation in the central slough/preserve area as identified on the PUD master plan. The additional 0.92 acres of retained native vegetation will be identified at the time of next development order submittal, as stipulated in this staff report. Listed Species: A biological survey for listed species was conducted from January 5 through February 17, 2000 specifically for wildlife species. Additional observations were made during the periods when vegetation types were being mapped and wetland lines were being established. The amount of transect walked exceeded Florida Fish and Wildlife Conservation Commission(FGWCC) guidelines. Fourteen gopher tortoise burrows were found in a survey conducted at 50% to 70% visual coverage in potential tortoise habitat. This indicates that a maximum of 28 burrows may exist on site. The estimated tortoise population is ten individuals. Approximate locations of the observed gopher tortoise burrows are shown on Figure 1 in the Listed Species Report. Uplands targeted for preservation on the project site may be used for the relocation of gopher tortoises. These uplands include 1.17 acres of slash pine with saw palmetto understory, 0.86 acres of oak and saw palmetto, and 0.54 acres of cabbage palm with saw palmetto. Enhancements such as removal of Brazilian pepper and thinning of canopy trees will most likely be required in these areas if they are used for tortoise relocation. Off site relocation may be required. No eastern indigo snakes were observed, but this Threatened species is assumed present due to suitable habitat. The eastern indigo snake is a commensal of the gopher tortoise and may become a management issue during wetland permitting review. While no Big Cypress fox squirrels were seen on the project site, leaf nests were observed in three locations, some of which may have been constructed by fox squirrels. The understory and ground cover found on site are generally denser than those preferred by fox squirrels, and more suited by gray squirrels. Plant species that are protected from unauthorized harvest and commercial exploitation by the Florida Department of Agriculture (FDA) under State law have been identified on site. The particular species seen on site are listed in Table 2 of the Listed Species Report. The protection afforded plants listed by the FDA entails restrictions on harvesting or destroying plants found on private lands of another, or public lands, without permission and/or a permit from the FDA. There are no restrictions for landowners,unless the sale of plants is involved. No other evidence of endangered plant or wildlife species that would require special protection or formal permitting by state or federal agencies were observed on site. VII. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development No. PUD-00-09 "Madeira PUD"with the following stipulations: Water Management: 1. The project must obtain a surface water management permit from the SFWMD prior to any site development plan approval. 2. The developer must obtain a letter from Collier County Director of Stormwater Management that the drainage system conforms to any local drainage or Basin studies being done by that department. The letter must be obtained prior to applying for any S.D.P. 3. Necessary permits from other concerned agencies notably D.E.P. and U.S.A.C.O.E. must be obtained prior to starting construction. �-e Environmental: 1. Delete section 6.10(A) from the PUD document and replace it with the following language. In accordance with 3.9.5.5.3 of the Collier County Land Development Code, twenty five percent (31.70 acres) of the viable naturally functioning native vegetation on site shall be retained. At the time of next development order submittal the petitioner shall identify, in its entirety, areas of native vegetation to be retained and/or areas of landscaping and open space to be planted with 100 percent native species,to satisfy this requirement. 2. Add the following language to Table I in section 3.4 of the PUD document. The location of structures proposed adjacent to Preserves, shall be subject to the provisions of section 3.2.8.4.7.3 of the Land Development Code. Principal structures shall have a minimum 25 foot setback from wetland preserves. Accessory structures shall have a minimum 10 foot setback from such preserves. PREPARED BY: STAN CHRZANOWSKI,P.E. DATE SENIOR ENGINEER w2� 6 47oDC STEPHEN LENBERGER DATE ENVIRONMENTAL SPECIALIST II REVIEWED BY: 6//9 /a000 SUSAN MURRAY,AICP DATE CHIEF PLANNER - , ap1/0i E THOMAS E. KUCK,P.E. DAT ENGINEERING REVIEW MANAGER 6//9/Zo©o ONALD F. NINO,AICP DATE CURRENT PLANNING MANAGER ‘- ROBE' -ROBE'T J. MULHERE, AICP DATE PLANNING SERVICES DIRECTOR APPROVED BY: ‘. ENT A. CAUTER•, DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR SL/gdh/c: StaffReport COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Planning Services Department 2800 North Horseshoe Drive PLANNING SERVICES DEPARTMENT Naples, Florida 34104 June 15, 2000 Dwight Nadeau McAnly Engineering and Design Inc. 5436 Park Central Court Naples, FL 34109 RE: Planned Unit Development Petition No. PUD-00-12 "Arlinton Lakes PUD" Dear Mr.Nadeau: The referenced matter will be reviewed by the Environmental Advisory Council during its forthcoming meeting scheduled for July 5,2000. The Public Hearing to consider this item and other matters will begin at 9:00 a.m. at the Collier County Government Complex, Administration Building, Third Floor, Commissioners'Board Room. It is recommended that you or your appointed representative be present at this meeting to answer any questions the Environmental Advisory Council may have regarding your request. Attached for your information is a copy of the Environmental Advisory Council's Agenda and Staff Report for this meeting. If you have any questions regarding this matter,please do not hesitate to contact this office at (941)403-2400. Very truly yours, Stephen Lenberger Environmental Specialist II SL/lao/h:\EAC letters Attachments cC: EAC File S.J.Benson&Associates, Inc. Phone (941) 403-2400 Fax (941) 643-6968 www.co.collier.fl.us Item V. . ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF JULY 5,2000 I. NAME OF PETITIONER/PROJECT: Petition No.: Planned Unit Development No. PUD-00-09 Petition Name: Madeira PUD Applicant/Developer: Meridian Land Co. Engineering Consultant: Hedrich Engineering, Inc. Environmental Consultant: Abney Environmental II. LOCATION: The subject property is an undeveloped 145.93 acre parcel located in Section 13 & 24, Township 48 South, Range 25 East, Collier County, Florida. It is bounded on the south by Willoughby Acres, on the west by Palm River Estates and Imperial Golf Estates and on the east by a new section of Livingston Road. M. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties include a mixture of developed and undeveloped parcels. Those to the north and east are undeveloped with the northern extension of Livingston Road presently under construction. Properties to the south and east are mostly developed. ZONING DESCRIPTION N- A Undeveloped A-ST Undeveloped S- RSF-3 Mostly Developed E - RSF-3 Undeveloped A Undeveloped A-ST Undeveloped W- RSF-3 Mostly Developed IV. PROJECT DESCRIPTION: The Madeira PUD is a residential community that provides low-density development of single family and two-family attached dwelling units. The project will be a gated access community with internal recreational facilities provided for the use and enjoyment of the residents. The most notable feature of the development is the presence and preservation of a wetland slough that moves through the project. Crossings of the slough are minimized by the proposed plan of development while preserving the natural sheet flow of the slough. The community will consist of up to 438 dwelling units upon completion. V. GROWTH MANAGEMENT PLAN CONSISTENCY: The Madeira Planned Unit Development (PUD) consists of+/- 145.93 acres of land located 3/4 mile North of Immokalee Road, immediately west of and adjacent to Livingston Road. The site is located within the Urban Residential Sub-district of the Urban Mixed Use District as identified on the Future Land Use Map. Residential land uses are consistent with the Urban Mixed Use District as identified in the Future Land Use Element of the County's Growth Management Plan. The Urban Residential District allows for a base residential density of 4 units per gross acre. The proposed project density of 3 units per gross acre is in compliance with the Future Land Use Element of the Growth Management Plan. VI. MAJOR ISSUES: Water Management: The Water Management System for this project consists of a series of retention/detention areas and lakes, some interconnected, that provide water quality retention and peak flow attenuation during rainfall events. There is a slough that runs through the site in a northeast to southwest direction. The slough is a vital part of the North Naples Drainage Network and Construction along the slough is closely watched by the Department of Environmental Protection and the Corps of Engineers. The slough continues southwest through Palm River to the Cocohatchee and is readily visible on aerial photographs. Site and offsite discharge is to the slough. Environmental: Site Description: Native habitats on the subject property include pine flatwoods, hydric pine flatwoods, cypress, cypress-pine-cabbage palm, wetland forest mixed, live oak, cabbage palm, inland pond and sloughs, and freshwater marsh. The most noticeable feature on site is the wetland slough ("Palm River Slough"), which consists of a number of different FLUCFCS types and runs diagonally across the center of the property from north-east to south-west. Also on site are areas which have been cleared in the past. These cleared areas are located at the north end of the site and along the power-line easement on the east side of the property, and are visible on the aerial photograph located in the Listed Species Report. Four soil types have been identified on the subject property as mapped by the Natural Resources Conservation Service (NRCS). These include Hallandale fine sand (unit 11), Pineda fine sand, limestone substratum (Unit 14), Riviera fine sand, limestone substratum (Unit 18) and Boca, Riviera, limestone substratum, and Copeland fine sands, depressional (Unit 25). Three of these soil types, Unit 14, 18 &25,are listed as hydric by the NRCS. Seasonal high water(SHW) levels have been set at nine locations in wetlands and range from a high of 13.19 feet NGVD to a low of 11.42 feet NGVD. Each SHW elevation was marked with a nail set in a cypress tree that had lichen and/or moss that typically are used as indicators. At least two trees were used at each location. Locations numbered 1 through 8 were set in the main slough, with number 1 at the eastern end and number 8 at the western end. See table C-1 on page 24 of the EIS for the results of this study. From the data presented in the table, SHW levels in the slough are about one to two inches above ground elevation. Wetlands: Approximately 50.99 acres, or 62% of the total 81.77 acres of jurisdictional wetlands will be impacted by this project. The wetlands selected for preservation have the highest potential for restoration and include the majority of the central slough. Mitigation for impacts to jurisdictional wetlands proposed by the petitioner include exotic vegetation removal and hydroperiod enhancement within the slough. Off site mitigation is also proposed. Where eradication of exotics results in large areas having a density of native trees and shrubs of less than one per 225 square feet, replanting will be done. Within these areas, native trees and shrubs in three-gallon containers will be planted so that the density of vegetation present in these areas averages one plant per 225 square feet. In areas targeted as herbaceous marsh types, grasses and other low- growing native plants will be installed on one-meter centers, where no groundcover exists after clearing. If the groundcover appears to be sufficient for �-1 natural propagation,no herbaceous plantings will be installed. .-� Hydroperiod within the conservation area (Palm River Slough) will be enhanced by design of the water management system.An existing road in the lower slough will be removed and the area vegetated. A control weir will be constructed at the west end of the preserved slough to regulate the discharge of storm water to enhance the local hydroperiod. Improvements will also be made to allow storm water to flow through the electrical power line easement on the east side of the project. In addition to the on-site enhancement activities, the applicant proposes to purchase approximately 29 credits in the Panther Island Mitigation Bank. This number of credits was calculated by use of the Wetland Rapid Assessment Procedure as developed by the South Florida Water Management District (SFWMD). An agreement with owners of the Mitigation Bank is being negotiated. Preservation Requirements: It has been determined from a site visit to the subject property and by reviewing aerial photographs of the area that 116.68 acres of viable native vegetation exist on the subject property. In addition to this, 10.11 acres have been identified as being cleared in the past without a permit from the County. Since a clearing n permit was not obtained, this area was included in the native vegetation retention calculations for this project. Given the above, 31.70 acres of native vegetation have been determined to be required within the PUD. To meet this requirement, the petitioner is proposing to preserve 30.78 acres of native vegetation in the central slough/preserve area as identified on the PUD master plan. The additional 0.92 acres of retained native vegetation will be identified at the time of next development order submittal, as stipulated in this staff report. Listed Species: A biological survey for listed species was conducted from January 5 through February 17, 2000 specifically for wildlife species. Additional observations were made during the periods when vegetation types were being mapped and wetland lines were being established. The amount of transect walked exceeded Florida Fish and Wildlife Conservation Commission(FGWCC) guidelines. Fourteen gopher tortoise burrows were found in a survey conducted at 50% to 70% visual coverage in potential tortoise habitat. This indicates that a maximum of 28 burrows may exist on site. The estimated tortoise population is ten individuals. Approximate locations of the observed gopher tortoise burrows are shown on Figure 1 in the Listed Species Report. Uplands targeted for preservation on the project site may be used for the relocation of gopher tortoises. These uplands include 1.17 acres of slash pine with saw palmetto understory, 0.86 acres of oak and saw palmetto, and 0.54 acres of cabbage palm with saw palmetto. Enhancements such as removal of Brazilian pepper and thinning of canopy trees will most likely be required in these areas if they are used for tortoise relocation. Off site relocation may be required. No eastern indigo snakes were observed, but this Threatened species is assumed present due to suitable habitat. The eastern indigo snake is a commensal of the gopher tortoise and may become a management issue during wetland permitting review. While no Big Cypress fox squirrels were seen on the project site, leaf nests were observed in three locations, some of which may have been constructed by fox squirrels. The understory and ground cover found on site are generally denser than those preferred by fox squirrels, and more suited by gray squirrels. Plant species that are protected from unauthorized harvest and commercial exploitation by the Florida Department of Agriculture (FDA) under State law have been identified on site. The particular species seen on site are listed in Table 2 of the Listed Species Report. The protection afforded plants listed by the FDA entails restrictions on harvesting or destroying plants found on private lands of another, or public lands, without permission and/or a permit from the FDA. There are no restrictions for landowners, unless the sale of plants is involved. No other evidence of endangered plant or wildlife species that would require special protection or formal permitting by state or federal agencies were observed on site. VII. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development No. PUD-00-09 "Madeira PUD"with the following stipulations: Water Management: 1. The project must obtain a surface water management permit from the SFWMD prior to any site development plan approval. 2. The developer must obtain a letter from Collier County Director of Stormwater Management that the drainage system conforms to any local drainage or Basin studies being done by that department. The letter must be obtained prior to applying for any S.D.P. 3. Necessary permits from other concerned agencies notably D.E.P. and U.S.A.C.O.E. must be obtained prior to starting construction. , I Environmental: 1. Delete section 6.10(A) from the PUD document and replace it with the following language. In accordance with 3.9.5.5.3 of the Collier County Land Development Code, twenty five percent (31.70 acres) of the viable naturally functioning native vegetation on site shall be retained. At the time of next development order submittal the petitioner shall identify, in its entirety, areas of native vegetation to be retained and/or areas of landscaping and open space to be planted with 100 percent native species,to satisfy this requirement. 2. Add the following language to Table I in section 3.4 of the PUD document. The location of structures proposed adjacent to Preserves, shall be subject to the provisions of section 3.2.8.4.7.3 of the Land Development Code. Principal structures shall have a minimum 25 foot setback from wetland preserves. Accessory structures shall have a minimum 10 foot setback from such preserves. PREPARED BY: 411: t , ,. Aetet. r /O -TWO eV STAN CHRZANOWSKI,P.E. DA 1'E SENIOR ENGINEER ch/07„0, STEPHEN LENBERGER DALE ENVIRONMENTAL SPECIALIST II REVIEWED BY: co//9 / 000 SUSAN MURRAY,AICP if DATE CHIEF PLANNER 1 /IL/ /9/ r I THOMAS E. KUCK,P.E. DAT ENGINEERING REVIEW MANAGER F. NIN AICP 1AfE/79/200O ONALDO, CURRENT PLANNING MANAGER ROBE'T J. MULHERE,AICP DA'Z'E PLANNING SERVICES DIRECTOR APPROVED BY: // i / „2--z) -142 F V d NT A. CAUTER•,AI DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR SL/gdh/c: StaffReport Item V. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF JULY 5,2000 I. NAME OF PETITIONER/PROJECT: Petition No.: Planned Unit Development No. PUD-00-12 Petition Name: Arlington Lakes PUD Applicant/Developer: S.J. Benson&Associates,Inc. Engineering Consultant: McAnly Engineering&Design, Inc. Environmental Consultant: Butler Environmental, Inc. II. LOCATION: The subject property is an undeveloped 98.37 acre parcel located in the south- west quadrant of the intersection of Pine Ridge Road and Interstate I-75, in Section 18, Township 49 South, Range 26 East, Collier County, Florida. More specifically, the site occupies the area between Whipporwill Lane and the future Livingston Road and is about 1/3 mile south of Pine Ridge Road. III. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties are mostly undeveloped with the following zoning classifications. ZONING DESCRIPTION N - RSF-5(0.4) Undeveloped Agricultural Single Family Residence S - Agricultural Single Family Residences Agricultural Undeveloped E - Whipporwill Lakes PUD Undeveloped Whipporwill Pines PUD Undeveloped Agricultural Single family Residence Whipporwill Woods PUD Undeveloped W- Agricultural(Proposed Undeveloped Brynwood Preserve) Agricultural Single Family Residences Agricultural Future Livingston Rd. Agricultural FP&L Transmission Line Agricultural(Proposed Undeveloped Alexandria PUD) IV. PROJECT DESCRIPTION: The proposed Arlington Lakes PUD comprises a total of 98.36 acres which is presently undeveloped A, Rural Agricultural zoning. If approved, the proposed rezoning will provide 610 dwelling units at a density of 6.2 units per acre. The principal uses will be either single family and/or multi-family type homes, including zero lot line and patio homes, and group care facilities. Typical lot sizes for single family homes will range from 3,000 to 6,000 feet. Additionally, the typical accessory uses will be provided, such as private garages, recreation facilities, water management facilities and lakes, and storage areas. Other features include a 19.0-acre preservation area and a flowway providing drainage outfall for this property. The flowway, required by SFWMD, will direct drainage from this property and those located to the north of this proposed PUD, southward across Whippoorwill Lane and the Whippoorwill Woods PUD, then terminating in the Kensington Canal. The flowway will also divide the property into east and west sections, which will not permit any east-west road interconnection as specified by the SFWMD. County water and sewer facilities are available to this project. V. GROWTH MANAGEMENT PLAN CONSISTENCY: The PUD is located in the Urban Mixed Use—Urban Residential Subdistrict of the Future Land Use Map of the Growth Management Plan(FLUE-GMP), and is within a residential density band. This Subdistrict provides for higher density and intensity development in an area with relatively few natural resource constraints, and where existing and planned public facilities are concentrated. A base density of 4.0 dwelling units per acre and a density bonus of up to 3.0 dwelling units per acre are permitted for a total eligible density of 7.0 dwelling units per acre. The proposed density of 6.2 units per acre falls within the eligible density permitted. The proposed development is deemed consistent with the Growth Management Plan(GMP) and, given the proposed residential housing types and development, it is also consistent as it relates to compatibility with existing and proposed development nearby. VI. MAJOR ISSUES: Water Management: Arlington Lakes is a 98.4 Acre site. The Water Management System consists of interconnected lakes and preserves that provide the water quality retention and peak flow attention, and a slough that provides off-site and on-site runoff conveyance. The slough that runs through the site will be incorporated into an area-wide Water Management Plan for this section. Its preservation and maintenance are covered under section 5.6. c of the PUD Document. A berm separating the slough from the developed portion of the project will be built through an existing borrow pit. Environmental: Site Description: The subject property is naturally vegetated except for existing roads/easements and a borrow pit located at the south end of the property. Native habitats on site include hydric and non-hydric pine flatwoods, saw palmetto with pine and cypress. Most of the cypress is located towards the center of the property and forms a natural north-south drainage corridor on the property. Lichen lines, water marks and adventitious roots were used to identify the seasonal high water levels. These were found to average around 4 to 5 inches above natural ground elevation in the central cypress/flowway on site. There was no evidence of historical high water levels that differed from the seasonal water levels. Two soil types occur on the subject property as mapped by the Natural Resources Conservation Service (NRCS). These are Holopaw fine sand, limestone substratum, (Unit 2) and Malabar fine sand (Unit 3). Both soil types are listed as hydric by the NRCS. Wetlands: There are approximately 44.86 acres of jurisdictional wetlands on the project site, the extent of which have been verified by the South Florida Water Management District(SFWMD) and the U.S. Army Corps of Engineers (ACOE). These consist of hydric pine flatwoods and cypress. Approximately 33.43 acres (74 %) of the wetlands on site will be impacted by development of the proposed project. In order to mitigate for impacts to jurisdictional wetlands, the petitioner proposes to establish a flowway in the center of the property to allow for a centralized drainage corridor. After pretreatment, runoff will be directed into the flowway and ultimately discharge into the preserve area within the Whipporwill Woods PUD, to the south east of the project site. The flowway is approximately 19 acres in size, of which approximately 10.48 acres are currently vegetated with native vegetation. Exotic/nuisance vegetation will be removed from the flowway and areas devoid of vegetation will be replanted with native species. Details about the restoration plan have not been provided. Preservation Requirements: In accordance with 3.9.5.5.3 of the Collier County Land Development Code, twenty five percent (20.51 acres) of the viable naturally functioning native vegetation on site shall be retained. The proposed flowway in the center of the property contains approximately 10.48 acres of existing native vegetation. The petitioner proposes to identify the remaining 10.03 acres at the time of next development order submittal and this most likely will consist of buffers adjacent to the edge of the preserve/flowway and other naturally vegetated "open space" areas within residential tracts. Listed Species: The subject property was surveyed for listed species for a five-day period during the month of April 2000. Observations beginning at dawn and continuing past dusk and starting again early the following day were performed. This included walking meandering transects interspersed with stationary observation, during the survey. All wildlife observations were noted (with the exception of common insects and arachnids),both direct(sight/sound) and indirect. There were no threatened or endangered species observed during the sampling periods for the site. The applicant has contacted the Florida Fish and Wildlife Conservation Commission (FFWCC) about information on listed species in the area. A response from this agency has not yet been received. VII. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development No. PUD-00-12 "Arlington Lakes PUD"with the following stipulations: Water Management: 1. The project must obtain a Surface Water Management Permit from the SFWMD prior to any site development plan approval. ` I 2. The developer must obtain a letter from Collier County's Director of Stormwater Management that the drainage system conforms to any local drainage or Basin studies being done by that department. The letter must be obtained prior to applying for any S.D.P. 3. The Plat of Arlington Lakes must show the "Flowway" as an easement dedicated to Collier County with no responsibility for maintenance and to Arlington Lakes with full responsibility for perpetual maintenance. Environmental: 1. Remove all reference to setbacks from the flowway/preserve in section 3.4 of the PUD document except for that indicated in "Table II Development Standards"in the same section. 2. Amend the following language in "Table II Development Standards" under section 3.4 of the PUD document as follows by adding the underlined language. Note: The location of structures proposed adjacent to the "flowway"/Preserve, shall be subject to the provisions of section 3.2.8.4.7.3 of the Land Development Code. Principal structures shall have a minimum 25 foot setback from wetland preserves. Accessory structures shall have a minimum 10 foot setback from such preserves. 3. Add the following language to section 2.13 of the PUD document. At the time of next development order submittal the petitioner shall identify, in its entirety, areas of native vegetation to be retained and/or areas of landscaping and open space to be planted with 100 percent native species, to satisfy this requirement. PREPARED BY: 1~- afAvty.,f L9 Joav 00 STAN CHRZANOWSKI, P.E. DATE SENIOR ENGINEER A474- C/0/2a30 STEPHEN LENBERGER DATE ENVIRONMENTAL SPECIALIST II REVIEWED BY: AGt--1-4r> V)c -C-Ut2L-ot- /zo/Z oQ O DONALD J. MURRAY, AICP DATE PRINCIPAL PLANNER - (14;Ygia /f HOZ. G� THOMAS E. KUCK, P.E. DATE ENGINEERING REVIEW MANAGER LnQ-eAAA-k-ti 7/4-(2 Z0/Z000 RONALD F. NINO, AICP DATE CURRENT PLANNING MANAGER ROBERT J. MULHERE, AICP DATE PLANNING SERVICES DIRECTOR APPROVED BY: VII\XENT A. CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR SL/gdh/c: StaffReport 74°A COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Planning Services Department 2800 North Horseshoe Drive PLANNING SERVICES DEPARTMENT Naples, Florida 34104 June 14, 2000 Tim Hancock Planning Solutions, Inc. 5100 Tamiami Trail North Suite 158 Naples, FL 34103 RE: Planned Unit Development Petition No. PUD-00-09 "Madeira PUD" Dear Mr. Hancock: The referenced matter will be reviewed by the Environmental Advisory Council during its forthcoming meeting scheduled for July 5,2000. The Public Hearing to consider this item and other matters will begin at 9:00 a.m. at the Collier County Government Complex,Administration Building, Third Floor, Commissioners' Board Room. It is recommended that you or your appointed representative be present at this meeting to answer any questions the Environmental Advisory Council may have regarding your request. Attached for your information is a copy of the Environmental Advisory Council's Agenda and Staff Report for this meeting. If you have any questions regarding this matter, please do not hesitate to contact this office at (941)403-2400. Very truly yours, Stephen Lenberger Environmental Specialist II SL-/lao/h:\EAC letters Attachments cc: EAC File Meridian Land Co. Phone (941) 403-2400 Fax (941) 643-6968 www.co.collier.fl.us QAC MEMORANDUM DATE: June 30, 2000 TO: Thomas W. 011iff, County Manager All Advisory Board Liasons Dwight E. Brock, Clerk of Courts/ Clerk to the Board All Assistant County Attorneys All Legal Assistants FROM: David C. Weigel, County Attorney SUBJECT: Chapter 2000-243 -Florida Session Law Reporter Attached for your review and reference is a copy of Chapter 2000-243 from the Florida Session Law Reporter, relating to Ethics. I hope you find this material of assistance to you. If you should have any questions or need any additional information, please feel free to contact me at your convenience. dcw/dda/h:public/dda/dcwmemos/2000/Florida Session Law Reporter cc: Board of County Commissioners, w/o attachment CS for SB 2628 First Engrossed (ntc) CS for SB 2628 . First Engrossed (ntc) 1 injury or damage suffered as the result of any act or omission 1 leaders and relevant substantive committee chairpersons of 2 of the provider or of any employee or agent thereof acting 2 both houses, summarizing the efficacy of access and treatment 3 within the scope of duties pursuant to the contract is by 3 outcomes with respect to providing health care services for '.....N.4 commencement of an action pursuant to the provisions of s. 4 low-income persons pursuant to this section. 5 768.28. With respect to any federally funded community health 5 (9) MALPRACTICE LITIGATION COSTS.-Governmental . 6 center, the notice requirements may be met by posting in a 6 contractors other than the department are responsible for 7 place conspicuous to all persons a notice that the federally 7 their own costs and attorney's fees for malpractice litigation a funded community health center is an agent of the governmental 8 arising out of health care services delivered pursuant to this 9 contractor and that the exclusive remedy for injury or damage 9 section. 10 suffered as the result of any act or omission of the provider 10 (10) RULES.--The department shall adopt rules designed 11 or of any employee or agent thereof acting within the scope of 11 to administer implement this section in a manner consistent 12 duties pursuant to the contract is by commencement of an 12 with its purpose to provide and facilitate access to 13 action pursuant to the provisions of a. 768.28. ' 13 appropriate, safe, and cost-effective health care services and 14 (6) QUALITY ASSURANCE PROGRAM REQUIRED.—The14 to maintain health care quality. The rules may include 15 governmental contractor shall establish a quality assurance .. . 15 services to be provided and authorized procedures. 16 program to monitor services delivered under any contract 16 (11) APPLICABILITY.—This section applies to incidents 17 between an agency and a health care provider pursuant to this 17 occurring on or after April 17, 1992. This section does not 18 section. - 18 apply to any health care contract entered into by the 19 (7) RISK MANAGEMENT REPORT.--The Division of Risk 19 Department of Corrections which is subject to s. 20 Management of the Department of Insurance shall annually 20 768.28(10)(a). Nothing in this section in any way reduces or 21 compile a report of all claims statistics for all entities 21 limits the rights of the state or any of its agencies or ' 22 participating in the risk management program administered by 22 subdivisions to any benefit currently provided under s. 23 the division, which shall include the number and total of all 23 768.28. 24 claims pending and paid, and defense and handling costs 24 Section 50. This act shall take effect upon becoming a 25 associated with all claims brought againstcontract providers 25 law. 26 under this section. This report shall be forwarded to the 26 27 department and included in the annual report submitted to the 27 approved by the Governor JUN 7 28 Legislature pursuant to this section. 28JUN 7 Fled In Office Secretary of State 29 (8) REPORT TO THE LEGISLATURE.—Annually, the 29 30 department shall report to the Presidentsof the Senate, the 30 31 Speaker of the House of Representatives, and the minority 31 81 82 CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions. CHAPTER • S/CS/NB 181. First Engrossed � �� CS/CS/RB 181, First Engrossed Cy �ortcnRtee Subst1tute for House 8N No. j23 I 1 A 1Q 1 to be entitled 1 60 days after leaving office or employment, 2 An act relating to 4hics; amending s. 112.312, - 2 with certain exceptions; modifying reporting 3 P.S.; redefining the terms 'gift' and 3 dates for filing quarterly reports of the names 4 'liability.; amendings. 112.3144, F.S.; 4 of clients represented before certain agencies 5 transferring filing administration from the 5 for a fee; requiring the Commission on Ethics 6 Secretary of State to the Commission on Ethics; 6 to adopt rules and forms relating to amended 7 modifying the filing location for officers from 7 financial disclosure filings; amending s. 8 the Secretary of State to the commission; 8 112.3148, F.S.; redefining "reporting the term 're ort n 9 establishing an automatic fine system for 9 individual'; establishing a reimbursement 10 delinquent filers and nonfilers; requiring 10 deadline with regard to the valuation of gifts 11 former officers and employees to file a final 11 received by reporting individuals; clarifying 12 disclosure of financial interests no later thar. 12 that the gifts law applies to candidates; 13 60 days following departure, with certain 13 extending the gifts law to include 14 exceptions; requiring the Commission on Ethics 14 nonincumbents elected to office for the period 15 to adopt rules and forms relating to filing 15 immediately following election but before 16 amended full and public disclosure of financial 16 officially taking office; transferring the 17 interests; amending s. 112.3145, F.S.; 17 filing administration for gift disclosure from 18 redefining the term 'local officer"; revising 18 the Secretary of State to the Commission on 19 the reporting requirements for limited 19 Ethics; authorizing the Technological Research 20 statutory disclosure of financial interests; 20 and Development Authority to make certain gifts 21 transferring filing administration from the 21 under certain circumstances; amending s. 22 Secretary of State to the Commission or. Ethics: 22 112.3149. F.S.; transferring filing 23 modifying tie filing location for state 23 administration for honoraria disclosure from 24 officers and specified state employees from the 24 the Department of State to the Commission on 25 Secretary of State to the commission; modifying 25 cs; amending s. 712.321. F.S.: regarding /....sN26 certification requirements of supervisors of 26 membership of the Ethics Commission; 27 elections with regard to delinquent tilers and 27 repealing s. 112.322(9), P.S., which requires 28 nonfilers; establishing an automatic fine 28 the Commission on Ethics to report certain 29 system for delinquent filers and nonfilers; 29 delinquent financial disclosure filers to the 30 requiring former officers and employees to file - 30 Department of Community Affairs; amending s. •• 31 a final statement of financial interests within 31 440.442. F.S.; transferring the filing location 1 2 CODINGr Words serieken are deletions; words underlined are additions. words mderlined are additions. CODING: Words etrieken are deletions; *'►--'�- �'---'--- ' --- ^------'--- TI--- CAA • CS/CS/HB 181, First Engrossed CS/CS/HE 181, First Engrossed 1 for public financial reporting by judges of 1 (12)(a) "Gift,* for purposes of ethics in government 2 compensation claims from the Secretary of State 2 and financial disclosure required by law, means that which is `3 Co the Commission on Ethics; clarifying that 3 accepted by a donee or by another on the donee's behalf, or /'"Nthe Code of Judicial Conduct governs the 4 that which is paid or given to another for or on behalf of a ' reporting of gifts for judges of compensation 5 donee, directly, indirectly, or in trust for the donee's 6 claims; repealing ss. 839.08,839.09, 839.091, 6 benefit or by any other means, for which equal or greater - 7 and 839.10. P.S., which provide criminal 7 consideration is not given within 90 days, including: 8 penalties for offenses by public officers and 9 1. Real property. 9 employees relating to the purchase of supplies 9 2. The use of real property. 10 or materials and the bidding for public work; 10 3. Tangible or intangible personal property. _ 11 creating s. 112.3232, F.S.; authorizing the 11 4. The use of tangible or intangible personal 12 Commission on Ethics to seek immunity for - 12 property. . 13 certain witnesses;'amending s. 112.3147, F.S.; 13 5. A preferential rate or terms on a debt, loan. 14 ,authorizing the Commission on Ethics to 14 goods, or services, which rate is below the customary rate and 15 prescribe forms relating to full and public • 15 is not either a government rate available to all other 16 financial disclosure; prescribing requirements - 16 similarly situated government employees or officials or a rate 17 for reporting certain assets and liabilities on 17 which is available to similarly situated members of the public 18 the full and public disclosure form; providing 18 by virtue of occupation, affiliation, age, religion, Sex, or 19 for a report by the Commission on Ethics on the 19 national origin. 20 implementation of educational requirements for - 20 6. Forgiveness of an indebtedness. 21 public officials; appropriating funds to the 21 7. Transportation, other than that provided to a 22 Commission on Ethics; providing an effective 22 public officer or employee by an agency in relation to 23 date. 23 officially approved governmental business, lodging, or • 24 24 parking. 25 Be It Enacted by the Legislature of the State of Florida: 25 8. Food or beverage. 26 26 9. Membership dues. 27 Section 1. Subsections (12) and (14) of section • • 27 10. Entrance fees, admission fees, or tickets to 28 112.312. Florida Statutes, are amended to read: 28 events, performances, or facilities. 29 112.312 Definitions.--As used in this part and for 29 11. Plants, flowers, or floral arrangements. 30 purposes of the provisions of s. 8, Art. II of the State 30 12. Services provided by persons pursuant to a 31 Constitution, unless the context otherwise requires: 31 professional license or certificate. 3 4 CODING: Words a8rieken are deletions; words underlined are additions. CODING: words a8rseken are deletions; words underlined are additions. • CS/CS/HE 181. First Engrossed CS/CS/HB 181, First Engrossed 1 13. Other perso4il services for which a fee is 1 staff, to members of that organization or officials or staff 2 normally charged by the persCh providing the services. 2 of a governmental agency that is a member of that 3 14. Any other similar service or thing having an 3 organization. 4 attributable value not already provided for in this section. 4 (c) For the purposes of paragraph (a), "intangible 5 (b) 'Gift' does not include: 5 personal property' means property as defined in s. 6 1. Salary, benefits, services, fees, commissions, 6 192.001(11)(b). 7 gifts, or expenses associated primarily with the donee's 7 (d) For the purvoses of paragraph (a). the term 8 employment, business, or Service as an officer or director of 8 'consideration' does not include a promise to pay or otherwise 9 a corporation or organization. 9 provide something of value unless the promise is in writing 10 2. Contributions or expenditures reported pursuant to 10 And enforceable through the courts. 11 chapter 106, campaign-related personal services provided 11 (14) 'Liability" means any monetary debt or obligation 12 without compensation by individuals volunteering their time, 12 owed by the reporting person to another person, entity, or 13 or any other contribution or expenditure by a poli-tical party. 13 governmental entity. except for credit card and retail 14 3. An honorarium or an expense related to an. 14 installment accounts, taxes owed unless reduced to a iudgment, 15 honorarium event paid to a person or the person's spouse. 15 indebtedness on a life insurance policy owed to the company of 16 4. An award, plaque, certificate, or similar 16 issuance, contingent liabilities, or accrued income taxes on 17 personalized item given in recognition of the donee's public, 17 net unrealized appreciation. Each liability which is required 18 civic, charitable. or professional service. 18 to be disclosed by s. 8, Art. I_' of the State Constitution 19 5. An honorary membership in a service or fraternal . 19 shall identify the name and address of the creditor. 20 organization presented merely as a courtesy by sup= • 20 Section 2. Section 112.3144, Florida Statutes, is 21 organization. • 21 amended to read: ' • 22 6. The use of a public facility or pup_ c property, 22 112.3144 Ful: and public disclosure of financial 23 made available by a governmental agency, for a public purpose. 23 interests.-- 24 7. "ransportatior, provided to a pubii_ [_.icer or . 24 3' i oe rson who is re .:_r d mw-suan • s. 8 employee by an agency it. relation to officially approved 25 I: of the State Constitution. to file a full and p is governmental business. 26 isclosure of fin.ncial . . ests f. any _ ndar • fis al 8. Gifts provided directly or indirectly by a state. 27 ar shall file he disc --ure wit he Fl. ida ., issi• on 28 regional, or natiorai organization which promotes the exchange 28 Ethics. 29 of ideas between, or the professional development of. 29 11{1} A Ne person who is,required, pursuant to s. 8. 30 governmental officials or employees, and whose membership is 30 Art. II of the State Constitution, to file a full and public 31 primarily composed of elected or appointed public officials or• 31 disclosure of financial interests and who has filed a full and 5 6 CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions. • CS/CS/HE 181, First Engrossed - CS/CS/HH 181, First Engrossed 1 public disclosure of financial interests for any calendar or 1 addresses of and the offices held by every person required to 2 fiscal year shall not be required to file a statement of 2 file full and public disclosure annually by s. 8, Art. IZ of 3 financial interests pursuant to a. 112.3145(2) and (3) for the 3 the State Constitution, or other state lawn-and-spall-previde 4 same year or for any part thereof notwithstanding any 4 the-Seeeetary-a€-Seaee-with-She-mailing-lief. In compiling the 5 requirement of this part, except that a candidate for office 5 list, the commission shall be assisted by each unit of 6 shall file a copy of his or her disclosure with the officer 6 government in providing at the request of the commission the 7 before whom he or she qualifies. 7 name, address, and name of the office held by each public 8 12142l For purposes of full and public disclosure 8 official within the respective unit of government. 9 under s. 8(a), Art. II of the State Constitution, the 9 (b) Not later than 30 days before July 1 of each year, 10 following items, if not held for investment purposes and if 10 the commission Seeretary-a€-State shall mail a copy of the 11 valued at over $1,000 in the aggregate, ,may be reported in a 11 form prescribed for compliance with full and public disclosure 12 lump sum and identified as •household goods and personal - 12 and a notice of the filing deadline to each person on the 13 effects': - 13 mailing list. • - 14 (a) Jewelry; __ 14 (c) Not later than 30 days after July 1 of each year, 15 CO) Collections of stamps, guns, and numismatic 15 the commission SeeseSary-a€-State shall determine which 16 properties; • 16 persons on the mailing list have failed to file full and 17 -(c) .Art objects; _. 17 public disclosure and shall send delinquency notices by • 18 (d) Household equipment and furnishings; 18 certified mail to such persons. Each notice must shall state 19 (e) Clothing; ._ _ 19 that a grace period is in effect until September 1 of the 20 (f) Other household items; and 20 current year and that, if the statement is not filed by 21 (g) Vehicles for personal use. 21 September 1 of the current year. a $25 fine for each day late 22 1.1144l Forms for compliance with the full and public 22 will be imposed. up to a maximum penalty of 91.500; and that. 23 disclosure requirements of s. 8, Art. II of the State 23 if upon the filing of a sworn complaint the commission finds 24 Constitution;-and-a-ewrrent-lief-ef-persene-required-Se-file 24 that the person has failed to timely file the statement within 25 €wal-and-Public-diselesure-by-s--8--Ate.--IP-e€-the-6EaEe 25 60 days after September 1 of the current year, such person 26 6ene6itwtienr-er-ether-state-law,- shall be created previded by 26 will also be subiect to the penalties provided in a. 112.317 27 the Commission on Ethics. The commission te-She-eeeeeeary-e€ 27 She-6eeeetary-e€-State-is-regwifed-hy-law-te-net±8y-the 28 State--rhe shall give notice of disclosure deadlines and 28 Semmissien-en-Ethiee-e€-She-delisgweney. 29 delinquencies and distribute forms in the following manner: 29 (d) Statements must be filed not later than 5 p.m. of 30 (a) Not later than May 1 of each year, the commission 30 the due date. However, any statement that is postmarked by the 31 en-EEhies shall prepare a current list of the names and 31 United States Postal Service by midnight of the due date is 7 8 CODING: Words stricken are deletions; words underlined are additions. CODING: Words strieken are deletions; words underlined are additions. 3 CS/CS/HE 181, First Engrossed CS/CS/HE 181, First Engrossed 1 deemed to have been filled in a timely manner, and a 1 e. When a statement is actually received by the 2 certificate of mailing obtained from and dated by the United 2 office. 3 states Postal Service at the time of the mailing. or a receipt 3 b. When the statement is postmarked. 4 from an established courier comoany which bears a date on or 4 c. When the certificate of mailing is dated. 5 before the due date. constitutes proof of mailing in a timely 5 d. When the receipt from an established courier 6 )manner. 6 company is dated. 7 4d}--Net-later-tkae-38-days-be,lewin9-SepEeeher-1-e€ 7 2. Upon receipt of the disclosure statement or UDOp 8 eaeh-year,--Ehe-Seeretary-eb-State-shall-eettify-te-the 8 accrual of the maximum penalty, whichever occurs first. the 9 Eemmissien-en-EShies-a-list-e€-the-names-and-addresses-e€-and 9 commission shall determine the amount of the fine which is due 10 the-e€€ieee-held-by-all-persene-en-the-mai3ies-list-whe-have 10 and shall notify the delinquent person. The notice must • 11 failed-tettimely-bile-bull-and-public-diseleswte---The 11 include an explanation of the appeal procedure under 12 eeeti€ieaEien-shall-be-en-a-berm-presetibed-by-the-eemmiseien 12 subparagraph 3. Such fine must be paid within 30 days after 13 and-shall-isdieate-whether-Eke-6eere5ary-e€-State-nae-pfevided 13 the notice of payment due is transmitted. unless appeal is 14 the-diseleewee-feres-and-neEiee-as-required-by-this-seetien-Se 14 made to the commission pursuant to subparagraph 3. The moneys 15 all-peesens-named-en-the-delingweney-list, 15 shall be deposited into the General Revenue Fund. 16 (e) Any person who is required to file full and public 16 3. Anv reporting person may appeal or dispute a fine, 17 disclosure of financial interests and whose name is on the 17 based upon unusual circumstances surrounding the failure to 18 commission's 'nariirc list but who fails to timely file is 18 file on the designated due dateacd may request and is 19 assessed a fine of $25 per day for each day late -m to a 19 entitled to a hearing before the commission, which may waive 20 maximum of 51,500;however this $1,500 limitation on automatic 20 the fine in whole or in part for mood cause shown Any such 21 fines does not ':imit the civil penalty that may Sc imposed i. 21 request must be made within 30 days after the notice of 22 the statement is filed more than 60 days after the deadline 22 payment due is transmitted. to such a case. the reporting 23 and a complain.: is filed. as provided in s. 112.3:'. The 23 person must. within the 1c-day period, notify the person 24 commission must provide So rule the grounds for walvinc the 24 designated to review the timeliness of reports in writing of fine and the procedures by whirl each_person whose name is on 25 his or her intention to brine -he matter before the :6 the mailing list and who is determined to have net filed in a 26 commission. 27 timely manner will be notified of assessed fines and may 27 11]4e)- Any person subject to the annual filing of full 28 appeal. The rile must provide for and make specific the 28 and public disclosure under s. 8, Art. II of the State 29 following: 29 Constitution, or other state law, whose name is not on the 30 1. The amount of the fine due is based upon the 30 commission's mailing list of persons required to file full and • 31 earliest of the following: 31 public disclosure is previded-tetthe-6eefetary-e€-6EaEe-shall 9 10 CODING: Words oSriekea are deletions; words underlined are additions. CODING: words strieken are deletions; words underlined are additions. • • CS/CS/HB 181, First Engrossed CS/CS/HB 181, First Engrossed I not subject to the fines or Penalties provided in this part be 1 s. 8 of Art. II of the State Constitution. or is otherwise 2 deemed-delinquent for failure to file full and public • 2 required to file full and public disclosure_for the final 3 disclosure in any year in which the omission occurred, but 3 disclosure period. The head of the agency of each person nevertheless is required to file the disclosure statement. 4 reauired to file full and public disclosure for the final .,1g2_41} The notification requirements and fines of this 5 disclosure period shall notify such Persons of their 6 subsection do not apply to candidates or to the first filing 6 obligation to file the final disclosure and may designate y 7 required of any person appointed to elective constitutional 7 person to be responsible for the notification reauiremenrs of 8 office or other position reauired to file full and Public 8 this subsection. - - - 9 disclosure. unless the person's name is on the commission's 9 (6) The commission shall adopt rules and forms 10 notification list and the Person received notification from 10 specifying how a Person who is required to file full and 11 the commission. The appointing official shall notify such 11 public disclosure of financial interests may amend his or her 12 newly appointed person of the obligation to file full and - 12 disclosure statement to report information that was not 13 public disclosure by July 1. The notification requirements and 13 included on the form as originally filed. If the amendment is 14 fines of this subsection do not ano1v to the final filing 14 the subject of a complaint_filed under this part, the 15 provided for in subsection (5). 15 pommission and the rirooer disciplinary official or body shall, 16 • (h) Notwithstanding any provision of chapter 120. any 16 consider as a mitigating factor when considering appropriate 17 fine imposed under this subsection which is not waived by • 17 disciplinary action the fact that the amendment_was filed 18 final order of the commission and which remains unpaid more 18 before any complain.[ or other inquiry or proceeding, while • 19 than 60 days after the notice of Payment due or more than 60 19 recognizing that the public was deprived of access to 20 days after the commission renders a final order on the appeal • 20 information to which it was entitled. 21 must be submitted to the Department of Banking and Finance as 21 Section 3. Section 112.3145., Florida Statutes, is 22 a claim, debt, or other obligation owed to the state, and the 22 amended to read: 23 department shall assign the collection of such fine to a 23 112.3145 Disclosure of financial interests and clients 24 collection agent as provided in s. 17.20. - 24 represented before agencies.-- 25 (5) Each person required to file full and public - 25 (1) For purposes of this section, unless the context 26 disclosure of financial interests shall file a final 26 otherwise requires, the term: 27 disclosure statement within 60 days after leaving his or her 27 (a) 'Local officer' means: 28 public position for the period between January 1 of the Year 28 1. Every person who is elected to office in any 29 in which the person leaves and the last day of office or 29 political subdivision of the state, and every person who is 30 employment, unless within the 60-day Period the Person takes 30 appointed to fill a vacancy for an unexpired term in such an 31 Another public position requiring financial disclosure under 31 elective office. 11 12 CODING: Words see#ekes are deletions; words underlined are additions. CODING: Words serieken are deletions; words underlined are additions. CS/CS/HB 181, First Engrossed CS/CS/HB 181, First Engrossed 1 2. Any appointed ember of any of the following 1 member-of-an-advisers-belly.-A-gevernmeneal-belly-with 2 poards, councils, commission authorities, or other bodies of 2 land-planning,--seningr-ee-natural-eesewrees-respensibiIities 3 any county. municipality. school district. independent special 3 ekall-net-be-eensidered-an-advise bed rY- Y- 4 district, or other political subdivision of the state: 4 3. Any person holding one or more of the following 5 a. The governing bodv'of the Political subdivision, if 5 positions: mayor; county or city manager: chief administrative 6 appointed; 6 employee of a county, municipality, or other political 7 b. An expressway authority or transportation authority 7 subdivision; county or municipal attorney; chief county or 8 established by general law: 8 municipal building inspector; county or municipal water 9 c. A community college or junior college district 9 resources coordinator; county or municipal pollution control • 10 board of trustees; 10 director; county or municipal environmental control director; 11 d. A board having the power to enforce local code 11 county or municipal administrator, with power to grant or deny 12 provisions; 12 a land development permit; chief of police; fire chief; 13 e. A planning or zoning board, board of adjustment, 13 municipal clerk; district school superintendent; community 14 board of appeals, or other board having the power to 14 college president: district medical examiner; or purchasing 15 recommend, create or modify land planning or zoning within 15 agent having the authority to make any purchase exceeding the 16 the political subdivision, except for citizen advisory 16 threshold amount provided for in s. 287.017 for CATEGORY ONE. 17 committees. technical coordinatinG committees, and such other 17 on behalf of any political subdivision of the state or any 18 groups who on'-v have the power to make recommencations tc 18 entity thereof. 19 planning or ronlnc boards; 19 (b) 'Specified state employee' means: 20 f. A pension board or retirement board having the 20 1. Public counsel created by chapter 350, an assistant 21 power to invest pension or retirement funds or the power to 21 state attorney, an assistant public defender, a full-time 22 make a binding determination of one's entitlement to _r amount 22 state employee who serves as counsel or assistant counsel to 23 of a pension, or other retirement benefit; or 23 any state agency, a fudge of compensation claims, an 24 a. Any other aaocinted member of a Iota_ rove Bent 24 administrative law judge, or a hearing officer. _ 25 board whc is required to file a statement of financial 25 2. Any person employed in the office of the Governor ,interests by the appointing authority or the enabling 26 or in the office of any member of the Cabinet if that person .legislation. ordinance. or resolution creating the board. a 27 is exempt from the Career Service System, except persons 28 beard--eemmisseenr-aetherie yr-inelwding-any-expressway 28 employed in clerical, secretarial, or similar positions. 29 autherity-ee-EransperEatien-auth0riEy-e6EabliShue-ey-aemeral 29 3. Each appointed secretary,ry. assistant secretary, 30 lawn-eemmuniEy-eeilege-diseriet-beard-a€-trustees:-er-eewneil 30 deputy secretary, executive director, assistant executive 31 et-any-pelitieal-suedivemien-e€-Eke-stater-exelwding-any 31 director, or deputy executive director of each state 13 14 CODING: Words eteieken are deletions; words underlined are additions. CODING: Words steseken are deletions; words underlined are additions. D ... .,i... D.s,., 41i CS/CS/HB 181, First Engrossed CS/CS/HB 181, First Engrossed 1 department, commission, board, or council; unless otherwise 1 3. A member of the Board of Regents, the Chancellor 2 provided, the division director, assistant division director. 2 and Vice Chancellors of the State University System, and the 3 deputy director, bureau chief, and assistant bureau chief of 3 president of a state university. ��4 any state department or division; or any person having the 4 (2)(a) A person seeking nomination or election to a 5 power normally conferred upon such persons, by whatever title. 5 state or local elective office shall file a statement of 6 4. The superintendent or institute director of a state 6 financial interests together with, and at the same time he or 7 mental health institute established for training and research 7 she files, qualifying papers. 8 in the mental health field or the superintendent or director a (b) Each state or local officer and each specified 9 of any major state institution or facility established for '9 state employee shall file a statement of financial interests 10 corrections, training, treatment, or rehabilitation. - 10 no later than July 1 of each year. Bach state officer. local 11 5. Business managers, purchasing agents having the 11 officer. and specified state employee shall file a final 12 power to make any purchase exceeding the threshold amount 12 ,statement of financial interests within 60 dans after leaving 13 provided for in s. 287.017 for CATEGORY ONE, finance and 13 ,is or her Public position for the period between January 1 of • 14 accounting directors, personnel officers, or grants 14 the year in which the person leaves_and the last day of office 15 coordinators for any state agency. 15 or employment. unless within the 60-dav period the person 16 6. Any person, other than a legislative assistant 16 takes another public Position requiring financial disclosure 17 exempted by the presiding officer of the house by which the 17 under this section or s. 8. Art.1I of the State Constj tution 18 legislative assistant is employed, who is employed in the 18 or otherwise is required to tile full and public disclosure or 19 legislative branch of government, except persons employed in 19 p statement of financial interests for the final disclosure 20 maintenance, clerical, secretarial, or similar positions. 20 period. Each state or local officer who is appointed and each 21 7. Each employee of the Commission on Ethics. 21 specified state employee who is employed shall file a 22 (c) 'State officer• means: 22 statement of financial interests within 30 days from the date 23 1. Any elected public officer, excluding those elected 23 of appointment or, in the case of a specified state employee, • 24 to the United States Senate and House of Representatives, not 24 from the date on which the employment begins, except that any 25 covered elsewhere in this part and any person who is appointed 25 person whose appointment is subject to confirmation by the 26 to fill a vacancy for an unexpired term in such an elective 26 Senate shall file prior to confirmation hearings or within 30 27 office. 27 days from the date of appointment, whichever comes first. 28 2. An appointed member of each board, commission, 28 (c) State officersr-pereene-gwali€yisg-€ee-a-state 29 authority, or council having statewide jurisdiction, excluding 29 e26leer and specified state employees shall tile their 30 a member of an advisory body. 30 statements of financial interests with the Commission on 31 31 gthics Seereeaey-a€-State. Local officers shall file their 15 16 CODING: Words s€rieken are deletions; words underlined are additions. • CODING: Words etrieken are deletions; words underlined are additions. • CS/CS/HB 181, First Engrossed - CS/CS/HB 181, First Engrossed 1 statements of financial interests with the supervisor of 1 gross income of the business entity is the fiscal year of the 2 elections of the county in kich they permanently reside. 2 business entity which ended on, or immediately prior to, the 3 Local officers who do not permanently reside in any county in 3 end of the disclosure period of the person reporting,L- 4 the state shall file their statements of financial interests 4 ,4e3. The location or description of real property in 5 with the supervisor of elections of the county in which their 5 this stare, except for residences and vacation homes, owned 6 agency maintains its headquarters. Persons seeking to qualify 6 directly or indirectly by the person reporting, when such 7 as candidates for local public office shall tile their 7 person owns in excess of 5 percent of the value of such real 8 statements of financial interests with the officer before whom 8 property, and a general description of any intangible personal 9 they qualify. 9 property worth in excess of 10 percent of such person's total 10 (3) The statement of financial interests for state 10 assets. For the purposes of this paragraph, indirect 11 officers, specified state employees, local officers, and 11 ownership does not include ownership by a spouse or minor 12 persons seeking to qualify as candidates for state or local 12 child: and- 13 office shall be filed even if the reporting person holds no 13 4.4d0. Every individual liability that whiek-is-sum 14 financial interests requiring disclosure, in which case the • 14 equals more than the reporting person's net worth: or- 15 statement shall be marked •not applicable.` Otherwise, the 15 (b)1. All sources of gross income in excess of 52.500 16 statement of financial interests shall include, at the filer's 16 received during the disclosure period by the person in his or 17 option. either: 17 her own name or by any other Person for his or her use or 18 (a)1. Ail sources of income in excess of 5 percent of 18 benefit. excluding public salary. However. this shall not be 19 the gross income received during the disclosure period by the 19 construed to require disclosure of a business partner's 20 person in his or her own name or by any other person for his • 20 sources of income. The person reporting shall List such • 21 or her use or benefit. excluding public salary. However, this 21 -.u" e in dese ndin. order of v. e with r la sour - 22 shall not be construed to require disclosure of a business 22 first. 23 partner's sources of income. The person reporting shall list 23 2. All sources of income to a business entity in 24 such sourcos in descending order of value with the _argest 24 excess of 10 percent of the gross 'income of a business entity 25 source firsti- 25 , w,• h the r-.ortin• .erson , , a mate me an. �15 24.1E4 All sources of income to a business entity in 26 from which he or she received gross income exceeding 55,000 excess of 10 percent of the gross income of a business entity 27 d i • the d' -c'.sure •e , riod com. in. t, 28 in which the reporting person held a material interest and 28 •ro s income .f he busi - s 4 is t - -'scam ea 0 he 29 from which he or she received an amount which was in excess of 29 'n-ss ent't w ich ended o, .r ^.+med'a • • '•r to h- 30 10 percent of his or her gross income during the disclosure 30 - .is . ure .er'od • ,, - son e.o 31 period and which exceeds $1,500. The period for computing the 31 17 18 CODING: Words stricken are deletions; words underlined are additions. CODING, Words stricken are deletions; words underlined are additions. i i ri�n enc.c•n.. 1 D........I.... Dnp.., 41 2 • CS/CS/HB 181, First Engrossed CS/CS/HB 181, First Engrossed 1 The location'or description of real property in 1 appearances before any court or Chief Judges of Compensation 2 this state. except for residence and vacation homes, owned 2 Claims or judges of compensation claims or representations on 3 directly or indirectly by the person reporting, when such 3 behalf of one's agency in one's official capacity. Such term person owns in excess of 5 Percent of the value of such real 4 does not include the preparation and filing of forms and property. and a aeneral description of any intangible personal 5 applications merely for the purpose of obtaining or 6 property worth in excess of 510.000. For the purpose of this 6 transferring a license based on a quota or a franchise of such 7 paragraph. indirect ownership does not include ownership by a 7 agency or a license or operation permit to engage in a 8 spouse or minor child: and • • ' B profession, business, or occupation, so long as the issuance 9 4. Every liability in excess of 510.000. 9 or granting of such license, permit, or transfer does not 10 (4) Each elected constitutional officer, state 10 require substantial discretion, a variance, a special 11 officer, local officer, and specified state employee shall 11 consideration, or a certificate of public convenience and 12 file a quarterly report of the names of clients represented 12 necessity. 13 for a fee or commission, except for appearances in ministerial 13 (5) Each elected constitutional officer and each 14 matters, before agencies at his or her level of government. • 14 candidate for such office, any other public officer required 15 For the purposes of this part, agencies of government shall be 15•pursuant to s. 8, Art. II of the State Constitution to file a 16 classified as state-level agencies or agencies below state 16 full and public disclosure of his or her financial interests, 17 level. Each local officer shall file such report with the 17 and each state officer. Local officer, specified state LB supervisor of elections of the county in which the officer is 18 employee, and candidate for elective public office who is or 19 principally employed or is a resident. Each state officer, 19 was during the disclosure period an officer, director, 20 elected constitutional officer, and specified state employee 20 partner, proprietor, or agent, other than a resident agent 21 shall file such report with the commission Seereeary-a€-6EaEe. 21 solely for service of process, of, or owns or owned during the 22 The report shall be filed only when a reportable 22 disclosure period a material interest in, any business entity 23 representation is made during the calendar quarter and shall 23 which is granted a privilege to operate in this state shall • 04 be filed no later than the last day of each calendar quarter. 24 disclose such facts as a part of the disclosure form filed 25 for the previous calendar 35-days-after-the-last-day-e€-the 25 pursuant to a. 8, Art. II of the'State Constitution or this • 26 quarter. Representation before any agency shall be deemed to 26 section, as applicable. The statement shall give the name, 27 include representation by such officer or specified state 27 address, and principal business activity of the business 28 employee or by any partner or associate of the professional 28 entity and shall state the position held with such business t9 firm of which he or she is a member and of which he or she has 29 entity or the fact that a material interest is owned and the :0 actual knowledge. For the purposes of this subsection, the 30 nature of that interest. 11 term representation before any agency does not include 31 • 19 20 !DING: Words sBrieken are deletions; words underlined are additions. CODING: Words etrieken are deletions; words underlined are additions. • CS/CS/HB 181, First Engrossed CS/CS/HB 181, First Engrossed 1 (6) Forms for c4,liance with the disclosure 1 (c) Not later than 30 days after July 1 of each year, 2 requirements of this section Ind a current list of persons 2 the commission Eeeretary-a€-State and each supervisor of 3 subject to disclosure shall be created provided by the 3 elections shall determine which persons required to file a 4 commission en-BEhies-te-the-Seeretary-a€-State and provided to 4 statement of financial interests in their respective offices 5 each supervisor of elections.'The commission and each 5 have failed to do so and shall send delinquency notices by 6 supervisor of elections,--whe shall give notice of disclosure 6 certified mail to such persons. Each notice shall state that 7 deadlines and delinquencies and distribute forms in the 7 a grace period is in effect until September 1 of the current 8 following manner: 8 year; that no investigative or disciplinary action based upon 9 (a)1. Not later than May 1 of each year, the 9 the delinquency will be taken by the agency head or commission 10 commission en-Ethaes shall prepare a current list of the names 10 en-Ethics if the statement is filed by September 1 of the 11 and addresses of, and the offices or positions held by, every 11 current year; that, if the statement is not filed by September 12 state officer, local officer, and specified employee. In 12 1 of the current year, a fine of 525 for each day late will be 13 compiling the list, the commission shall be assisted by each 13 imposed, up to a maximum penalty of 51.500; for notices sent 14 unit of government in providing, at the request of the 14 by a supervisor of elections, that he or she is required by 15 commission, the name, address, and name of agency of, and the 15 law to notify the commission en-sthies of the delinquency; and 16 office or position held by, each state officer, local officer, 16 that, if upon the filing of a sworn complaint the commission 17 or specified state employee within the respective unit of 17 finds that the person has failed to timely file the statement 18 government. 18 within 60 days after by September 1 of the current year. such 19 2. Not later than May 15 of each year, the commission 19 person will also shall be subject to the penalties provided in 20 shall-provide-the-Seeretary-e€-State-with-a-ewrrent-mailing 20 s. 112.317. 21 list-e€-all-state-e€€leers-and-seeei€ied-empleyees-and shall 21 (d) po later than November 15 of each year Nee-later 22 provide each supervisor of elections with a current mailing 22 than-39-days-€ellewing-September-i-of-eaeh-year, the-Secretary ' 23 list of all local officers required to file with. suet 23 e€-State-and the supervisor of elections in each county shall 24 supervisor of elections. 24 certify to the commission en-Ethics a list of the names and 25 (b) Not later than 30 days before July 1 of each year. 25 addresses of, and the offices or positions held by, all P~the commission. Seeretary-e€-State and each supervisor of 26 persons who have failed to timely file the required statements elections, as appropriate, shall mail a copy of the form 27 of financial interests. The certification must include the 28 prescribed for compliance with subsection (3) and a notice of 28 earliest of the dates described in subparagraph ffl1. The 29 all applicable disclosure forms and filing deadlines to each 29 certification shall be on a form prescribed by the commission 30 person required to file a statement of financial interests. 30 and shall indicate whether the supervisor of elections 31 31 respeeEive-eert tying-e66 eial has provided the disclosure 21 22 roDING, Words strseken are deletions; words underlined are additions. COOING: Words etrieken are deletions; words underlined are additions. G'/....../.. Q,,....:,.., 1..,.. D,...,..,�,... Df.f.,. L1 A • •' - CS/CS/Ha 381, First Engrossed CS/CS/HB 181. First Engrossed 1 forms and notice as required by this subsection to all persons 1 d. when_the receipt from an established courier 2 named on the delinquency list. 2 company is dated. 3 (e) Statements must be filed not later than 5 p.m. of 3 j. For a specified state employee or a state-officer. 4 the due date. However. any statement that is postmarked by the 4 upon receipt of the disclosure statement by the commission or 5 United States Postal Service by midnight of the due date is 5 upon accrual of the maximum penalty, whichever occurs first. 6 deemed to have been filed in a timely manner, and a 6 and for a local officer upon receipt by the Commission of the 7 certificate of mailing obtained from and dated by the United 7 c r ifi - '•n frou h- local .fficer' su-eof le '•n- 8 states Postal Service at the time of the mailing. or a receipt 8 pursuant to paragraph (dL the commission shall determine the 9 from an established courier company which bears a date on or 9 amount • he ' - whit 's due and shal ,.tif t, 10 before the due date. constitutes proof of mailing in a timely 10 delinquent person. The notice must include an explanation of 11 manner. _ 11 the appeal Procedure under subparagraph 3. The.line must be 12 (f) Any Person who is reauired to file a statement of 12 paid within 30 days after the_notice of Payment due is . 13 financial interests and whose name is on the commission's 13 transmittedunless appeal is made_to the commission pursuant 14 mailing list but who fails to timely file is assessed a fine 14 to subparagraph 3. The moneys are to be deposited into the 15 of $25 Per day for each day late UP to a maximum of 51.500; - 15 General Revenue Fund. - - - - 16 however. this 51.500 limitation on automatic fines does not, 16 ]. Any reporting parson may appeal or dispute a fine. 17 limit the civil penalty that may be imposed if the statement 17 based moon unusual circumstances surrounding the failure to 18 is filed more than 60 days after the deadline and a complaint 18 file on the designated due date-_ and may request and is 19 Is filed. as provided in s. 112.324. The commission must 19 entitled to a hearing before the commission. which may waive 20 provide by rule the grounds for waiving the fine and 20 the fine in whole or in part for good cause shown. Any such 21 procedures by which each person whose name is on the mailing 21 request must be made within 30 days after the notice of • 22 list and who is determined to have not filed in a timely 22 payment due is transmitted. In such a case. the reporting 23 manner will be notified of assessed fines and may appeal. The 23 person mustwithin the 30-day period, notify the person 24 rule must provide for and make specific the following: 24 designated to review the timeliness of reports in writing of 25 I. The amount of the fine due is based upon the 25 his or her intention to brine the matter before the 26 earliest of the following: - 26 commission. 27 a. When a statement is actually received by the 27 .I41.4e). Any state officer, local officer, or specified 28 office., 28' employee whose name is not on the mailing list pf persons 29 b. When the statement is postmarked. 29 required to file an annual statement of financial interests 30 c. When the certificate of mailing is dated. 30 provided-to-Eke-Beeretary-of-State-er-ewperviser-eE-eleetieas 31 31 is not subject to the penalties provided in s. 112.317 gr the 23 • 24 CODING: Words strieken are deletions; words underlined are additions. CODING: Words etriekea are deletions; words underlined are additions. • • CS/CS/HB 181, First Engrossed CS/CS/HB 181, First Engrossed 1 fine provided in this fiction for failure to timely file a 1 required to file a statement of financial interests for the 2 statement of financial intecests in any year in which the 2 final disclosure period shall notify such persons of their 3 omission occurred. but nevertheless is required to file the 3 obligation to file the final disclosure and may designate a 4 disclosure statement. 4 person to be responsible for the notification reauirements of 4h1_41} The notification requirements and fines of this 5 this paragraph. 6 subsection do not apply to candidates or to the first or final 6 (8) A public officer who has filed a disclosure for 7 filing required of any state officer, specified employee, or 7 any calendar or fiscal year shall not be required to file a 8 local officer as Provided in paragraph (2)(b). 8 second disclosure for the same year or any part thereof, 9 (i) Notwithstandino any provision of chapter 120. any 9 notwithstanding any requirement of this act, except that any 10 fine imposed under this subsection which is not waived by 10 public officer who qualifies as a candidate for public office 11 final order of the commission and which remains unpaid more 11 shall file a copy of the disclosure with the officer before 12 than 60 days after the notice of Payment due or more than 60 12 whom he or she qualifies as a candidate at the time of 13 days after the commission renders a final order on the appeal 13 qualification. 14 must be submitted to the Department of Banking and Finance as 14 (9) The commission shall adopt rules and forms • 15 a claim. debt. or other obligation owed to the state. and the 15 specifying how a state officer. local officer. or specified 16 department shall assign the collection of such a fine to A 16 state employee may amend his or her statement of financial 17 collection agent as provided in s. 17.20. 17 interests to report information that was not included on the 18 (7)121 The appointing official or body shall notify 18 form as originally filed. If the amendment is the subiect of a 19 each newly appointed local officer, state officer, or 19 complaint filed under this part. the commission and the proper 20 specified state employee, not later than the date of 20 disciplinary official or body shall consider as a mitigating 21 appointment, of the officer's or employee's duty to comply 21 actor when , id-rip• a••ro•r'. •ic'c 'na a 'on the 22 with the disclosure requirements of this section. The agency 22 fact that the amendment was filed before any complaint or 23 head of each employing agency shall notify each newly employed 23 , - ,•,i, or • --•inc while rec•, izing hat t - .ubl'c 24 local officer or specified state employee, not later than the 24 was deprived of access to information to which it was 25 day of employment, of the officer's or employee's duty to 25 entitled. /Q6 comply with the disclosure requirements of this section. The 26 Section 4. Section 112.3148, Florida Statutes, is 7 appointing official or body or employing agency head may 27 amended to read: 28 designate a person to be responsible for the notification - 28 112.3148 Reporting and prohibited receipt of gifts by 29 requirements of this paragraph seetien. 29 individuals tiling full or limited public disclosure of 30 (b) The agency head of the agency of each local 30 financial interests and by procurement employees.-- • 31 officer. state officer. or specified state employee who is 31 25 26 CODING: words strieken are deletions; words underlined are additions. CODING: Words strieken are deletions; words underlined are additions. Florida Session Law Reporter—Page 615 • CS/CS/HB 181. First Engrossed CS/CS/HB 181, First Engrossed 1 (1) The provisions of this section do not apply to 1 business trusts, syndicates, fiduciaries, corporations, and 2 gifts solicited or accepted by a reporting individual or 2 all other groups or combinations. 3 procurement employee from a relative. 3 (d) "Reporting individual" means any individual,. 4 (2) As used in this section: 4 lncludina a candidate upon aualifvina who is required by law, (a) •Immediate family" means any parent, spouse, , 5 pursuant to s. 8, Art. II of the State Constitution or a. child, or sibling. - 6 112.3145. to file full or limited public disclosure of his or 7 (b)l. ...Lobbyist" means any natural person who, for 7 her financial interests or any individual who has been elected 8 compensation, seeks, or sought during the preceding 12 months, 8 to. but has vet to officially assume the responsibilities of. 9 to influence the governmental decisionmaking of a reporting 9 public office. For purposes of imolementina this section. the 10 individual or procurement employee or his or her agency or 10 .agency" of a reporting individual who is not an officer or 1,1 seeks, or sought during the preceding 12 months, to encourage 11 employee in public service is the agency to which the 12 the passage, defeat, or modification of any proposal or 12 candidate seeks election, or in the case of an individual 13 recommendation by the reporting individual or procurement 13 elected to but vet to formally take office. the agency in L4 employee or his or her agency. • 14 which the individual has been elected to serve. 15 2. With respect to an agency that has established by - 15 - (e) "Procurement employee" means any employee of an 16 rule, ordinance, or law a registration process for persons 16 officer, department, board, commission, or council of the 17 seeking to influence decisionmaking or to encourage the 17 executive branch or judicial branch of state government who .8 passage, defeat, or modification of any proposal or 18 participates through decision, approval, disapproval, 19 recommendation by such agency or an employee or official of 19 recommendation, preparation of any part of a purchase request, 70 the agency, the term "lobbyist* includes only.a person who is 20 influencing the content of any specification or procurement 71 required to be registered as a lobbyist in accordance with 21 standard, rendering of advice, investigation, or auditing or 12 such rule, ordinance, or law or who was during the preceding 22 in any other advisory capacity in the procurement of 13 12 months required to be registered as a lobbyist in 23 contractual services or commodities as defined in s. 287.012, :4 accordance with such rule, ordinance, or law. At a minimum, 24 if the cost of such services or commodities exceeds $1,000 in 15 such a registration system must require the registration of, 25 any year. :6 or must designate, persons as "lobbyists" who engage in the 26 (3) A reporting individual or procurement employee is 17 same activities as require registration to lobby the 27 prohibited from soliciting any gift from a political committee :8 Legislature pursuant to s. 11.045. 28 or committee of continuous existence, as defined in s. :9 (c) "Person' includes individuals, firms, 29 106.011, or from a lobbyist who lobbies the reporting .0 associations, joint ventures, partnerships, estates, trusts. 30 individual's or procurement employee's agency, or the partner. .1 31 firm, employer, or principal of such lobbyist, where such gift 27 28 !MING: Words aCe*ekea are deletions; words underlined are additions. CODING: words strieken are deletions; words underlined are additions. • CS/CS/Ha 181, First Engrossed CS/CS/HB 181. First Engrossed 1 is for the personal benefit of the reporting individual or 1 the gift is intended to be transferred to a governmental 2 procurement employee, ano herfreporting individual or 2 entity or a charitable organization. 3 procurement employee, or any%ember of the immediate family of 3 (b) However. a person who is regulated by this 4 a reporting individual or procurement employee. 4 subsection, who is not regulated by subsection (6), and who 5 (4) A reporting individual or procurement employee or 5 makes, or directs another to make, an individual gift having a 6 any ocher person on his or her behalf is prohibited from 6 value in excess of $25, but not in excess of $100, other than 7 knowingly accepting, directly or indirectly, a gift from a - 7 a gift which the donor knows will be accepted on behalf of a 8 political committee or committee of continuous existence, as 8 governmental entity or charitable organization, must file a 9 defined in s. 106.011, or from a lobbyist who lobbies the 9 report on the last day of each calendar quarter, for the 10 reporting individual's or procurement employee's agency, or 10 previous calendar quarter in which a reportable gift is made. 11 directly or indirectly on behalf of the partner. firm, 11 The report shall be filed with the Commission on Ethics 12 employer, or principal of a lobbyist, if he or she knows or 12 &eereeaey-e$-State, except with respect to gifts to reporting 13 reasonably believes that the gift has a value inexcess of 13 individuals of the legislative branch, in which case the 14 $100; however, such a gift may be accepted by such person on 14 report shall be filed with the Division of Legislative 15 behalf of a governmental entity or a charitable organization. 15 Information Services in the Office of Legislative Services. 16 If the gift is accepted on behalf of a governmental entity or 16 The report must contain a description of each gift, the 17 charitable organization• the person receiving the gift shall 17 monetary value thereof, the name and address of the person 18 not maintain custody of the gift for any period of time beyond 18 making such gift, the name and address of the recipient of the 19 that reasonably necessary to arrange for the transfer of 19 gift, and the date such gift is given. In addition, when a 20 custody and ownership of the gift. 20 gift is made which requires the filing of a report under this 11 (5)(a) A politica: committee or a committee Cl 21 subsection, the donor mustnotify the intended recipient at 72 continuous existence, as defined in s. 106.011; a :thiels[ who 22 the time the gift is made that the donor. or another on his or 23 lobbies a reporting individual's or procurement employee's 23 her behalf, will report the gift under this subsection. Under 34 agency; the partner. firm, employer, or principal of a 24 this paragraph a gift need not be reported by more than ope 25 lobbyist: or another cn behalf of the lobbyist or partner, 25 person or entity. , firm, principal, cr employer of the lobbyist is proh;l;tec 26 (6)(a) Notwithstanding the provisions of subsection from giving, either directly or indirectly, a gift that has a 27 (5), an entity of the legislative or judicial branch, a so value in excess or $100 to the reporting individual or 28 department or commission of the executive branch, a water 29 procurement employee or any other person on his or her behalf; 29 management district created pursuant to s. 373.069• Tri-County 10 however, such person may give a gift having a value in excess 30 Commuter Rail Authority, the Technological Research and 31 of $100 to a reporting individual or procurement employee if 31 Development Authority, a county• a municipality, an airport 29 30 IODING: Words s6eieken are deletions; words underlined are additions. CODING: Words serieken are deletions; words underlined are additions. Florida Session Law Reporter—Pa2e 616 • CS/CS/HB 181, First Engrossed _ CS/CS/HB 181, First Engrossed 1 authority, or a school board may give, either directly or 1 preceding calendar year. Such report shall contain a 2 indirectly, a gift having a value in excess of $100 to,any 2 description of each gift, the date on which the gift was 3 reporting individual or procurement employee if a public 3 given, and the value of the total gifts given by the ,0'°"\ 4 purpose can be shown for the gift; and a direct-support 4 governmental entity or direct-support organization to the 5 organization specifically authorized by law to support a 5 reporting individual or procurement employee during the 6 governmental entity may give such a gift to a reporting 6 calendar year for which the report is made. A governmental 7 individual or procurement employee who is an officer or 7 entity may provide a single report to the reporting individual 8 employee of such governmental entity. 8 or procurement employee of gifts provided by the governmental 9 (b) Notwithstanding the provisions of subsection (4), 9 entity and any direct-support organization specifically 10 a reporting individual or procurement employee may accept a 10 authorized by law to support such governmental entity. 11 gift having a value in excess of $100 from an entity of the 11 (d) No later than July 1 of each year, each reporting 12 legislative or judicial branch, a department or commission of 12 individual or procurement employee shall file a statement 13 the executive branch, a water management district created 13 listing each gift having a value in excess of $100 received by 14 pursuant to s. 373.069, Tri-County Commuter Rail Authority, 14 the reporting individual or procurement employee, either • 15 the Technological Research and Development Authority. a 15 directly or indirectly, from a governmental entity or a 16 county, a municipality, an airport authority, or a school 16 direct-support organization specifically authorized by law to 17 board if a public purpose can be shown for the gift; and a 17 support a governmental entity. The statement shall list the 18 reporting individual or procurement employee who is an officer 18 name of the person providing the gift, a description of the 19 or employee of a governmental entity supported by a 19 .gift, the date or dates on which the gift was given, and the 20 direct-support organization specifically authorized by law to 20 value of the total gifts given during the calendar year for 21 support such governmental entity may accept such a gift from 21 which the report is made. The reporting individual or 22 such direct-support organization. 22 procurement employee shall attach to such statement any report 23 (c) No later than March 1 of each year, each 23 received by him or her in accordance with paragraph (c), which . 24 governmental entity or direct-support organization 24 report shall become a public record when filed with the 25 specifically authorized by law to support a governmental 25 statement of the reporting individual or procurement employee. 26 entity which has given a gift to a reporting individual or 26 The reporting individual or procurement employee may explain 27 procurement employee under paragraph (a) shall provide the 27 any differences between the report of the reporting individual 28 reporting individual or procurement employee with a statement 28 or procurement employee and the attached reports. The annual 29 of each gift having a value in excess of $100 given to such 29 report filed by a reporting individual shall be filed with the 30 reporting individual or procurement employee by the 30 financial disclosure statement required by either s. 8, Art. 31 governmental entity or direct-support organization during the 31 II of the State Constitution or s. 112.3145, as applicable to 31 32 CODING; Words serieken are deletions; words underlined are additions. CODING. Words stricken are deletions; words underlined are additions. • CS/CS/HB 181, First Engrossed CS/CS/HB 181, First Engrossed 1 the reporting individtl. The annual report filed by a 1 (e) Lodging provided on consecutive days shall be 2 procurement employee shallmfbe filed with the Commission or 2 considered a single gift. Lodging in a private residence 3 Athics Department-a€-State. 3 shall be valued at the per diem rate provided in s. 4 (7)(a) The value of a gift provided to a reporting 4 112.061(6)(a)1. less the meal allowance rate provided in s. 5 individual or procurement employee shall be determined using 5 112.061(6)(b). 6 actual cost to the donor, less taxes and gratuities, except as 6 (f) Food and beverages which are not consumed at a 7 otherwise provided in this subsection. and, with respect to 7 single sitting or meal and which are provided on the same 8 personal services provided by the donor, the reasonable and 8 calendar day shall be considered a single gift, and the total 9 customary charge regularly charged for such service in the 9 value of all food and beverages provided on that date shall be 10 community in which the service is provided shall be used. If 10 considered the value of the gift. Food and beverage consumed 11 additional expenses are required as a condition precedent to 11 at a single sitting or meal shall be considered a single gift 12 eligibility of the donor to purchase or provide a gift and 12 and the value of the food and beverage provided at that 13 such expenses are primarily for the benefit of the donor or 13 sitting or meal shall be considered the value of the gift. 14 are of a charitable nature, such expenses shall not be 14 (g) Membership dues paid to the same organization 15 included in determining the value of the gift. 15 during any 12-month period shall be considered a single gift. 16 (b) Compensation provided by the donee to the donor16 (h) Entrance fees, admission fees, or tickets shall be 17 if provided within 90 days after receipt of the gift. shall be 17 valued on the face value of the ticket or fee. or on a daily 18 deducted from the value of the gift in determining the value 18 or per event basis, whichever is greater. 19 of the gift. 19 (i) Except as otherwise specified in this section, a 20 (c) If the actual gift value attributable to 20 gift shall be valued on a per occurrence basis. 21 individual participants at an event cannot be determined, the 21 (`) The value of a gift provided to several 22 total costs shall be prorated among all invited persons, 22 individuals may be attributed on a pro rata basis among all of 23 whether or not they are reporting individuals or procurement 23 the individuals. If the gift is food, beverage, entertainment, 24 employees. 24 or similar items, provided at a function for more than 10 25 (d) Transportation shall be valued on a round-trip 25 people. the value of the gift to each individual shall be the x116 basis unless only one-way transportation is provided. .. 26 total value of the items provided divided by the number of 27 Round-trip transportation expenses shall be considered a 27 persons invited to the function, unless the items are 28 single gift. Transportation provided in a private =onvoyance 28 purchased on a per person basis, in which case the value of 29 shall be given the same value as transportation provided in a 29 the gift to each person is the per person cost. 30 comparable commercial conveyance. 30 (k) The value of a gift of an admission ticket shall 31 31 not include chat portion of the cost which represents a 33 34 CODING, Words ste#ekes are deletions; words underlined are additions. CODING, Words seviekee are deletions; words underlined are additions. • CS/CS/HB 181, First Engrossed CS/CS/HB 181, First Engrossed 1 charitable contribution, if the gift is provided by the 1 (e) If a reporting individual or procurement employee 2 charitable organization. 2 has not received any gifts described in paragraph (a) during a 3 (8)(a) Each reporting individual or procurement 3 calendar quarter, he or she is not required to file a /' employee shall file a statement with the Commission on Ethics 4 statement under this subsection for that calendar quarter. Seeeeeary-a€-State on the last day of each calendar quarter, 5 (9) A person, other than a lobbyist regulated under s. 6 for the previous calendar quarter, containing a list of gifts 6 11.045, who violates the provisions of subsection (5) commits 7 which he or she believes to be in excess of $100 in value, if 7 a noncriminal infraction, punishable by a fine of not more 8 any, accepted by him or her, for which compensation was not 8 than $5,000 and by a prohibition on lobbying, or employing a 9 provided by the donee to the donor within 90 days of receiot 9 lobbyist to lobby, before the agency of the reporting 10 of the gift to reduce the value to 5100 or less, except the 10 individual or procurement employee to which the gift was given 11 following: - • 11 in violation of subsection (5), for a period of not more than 12 1. •Gifts from relatives. 12 24 months. The state attorney, or an agency, if otherwise 13 2. Gifts prohibited by subsection (4) or s. • 13 authorized, may initiate an action to impose or recover a fine 14 112.313(4). 14 authorized under this section or to impose or enforce a l5 1. Gifts otherwise required to be disclosed by this 15 limitation on lobbying provided in this section. 16 section. 16 (10) A member of the Legislature may request an .7 (b) The statement shall include: 17 advisory opinion from the general counsel of the house of .8 1. A description of the gift, the monetary value of 18 which he or she is a member as to the application of this .9 the gift, the name and address of the person making the gift, 19 section to a specific situation. The general counsel shall 70 and the dates thereof. If any of these facts, other than the 20 issue the opinion within 10 days after receiving the request. 71 gift description, are unknown or not applicable, the report 21 The member of the Legislature may reasonably rely on such :2 shall so state. - - 22 opinion. 2. A copy of any receipt for such gift provided to the 23 Section 5. Subsection (6) of section 112.3149, Florida :4 reporting individual or procurement employee by the donor. 24 Statutes, is amended to read: (c) The statement may include an explanation of any 25 112.3149 Solicitation and disclosure of honoraria.-- .6 differences between the reporting individual's or procurement 26 (6) A reporting individual or procurement employee who . .7 employee's statement and the receipt provided by the donor. 27 receives payment or provision of expenses related to any 8 (d) The reporting individual's or procurement 28 honorarium event from a person who is prohibited by subsection 9 employee's statement shall be sworn to by such person as being 29 (4) from paying an honorarium to a reporting individual or O a true, accurate, and total listing of all such gifts. 30 procurement employee shall publicly disclose on an annual 1 31 statement the name, address, and affiliation of the person 35 36 GOING: Words ser£eken are deletions; words underlined are additions. CODING: Words ser£eken are deletions; words underlined are additions. CS/CS/HB 181. First Engrossed CS/CS/HB 181. First Engrossed 1 paying or providing the e4enses; the amount of the honorarium 1 Representatives, and two members shall be appointed by the 2 expenses; the dace of the honorarium event; a description of 2 President of the Senate. Neither the Speaker of the House of 3 the expenses paid or provided on each day of the honorarium 3 Representatives nor the President of the Senate shall appoint 4 event; and the total value of the expenses provided to the 4 more than one member from the same political party. Of the 5 reporting individual or procurement employee in connection 5 nine members of the Commission, no more than five members 6 with the honorarium event. The annual statement of honorarium 6 shall be from the same political party at any one time. No 7 expenses shall be filed by July 1 of each year for such 7 member may hold any public employment. All members shall 8 expenses received during the previous calendar year. The 8 serve 2-year terms. No member shall serve more than two full 9 reporting individual or procurement employee shall attach to 9 terms in succession. Any member of the commission may be O the annual statement a copy of each statement received by him 10 removed for cause by majority vote of the Governor, the 1 or her in accordance with subsection (5) regarding honorarium 11 President of the Senate, the Speaker of the House of 2 expenses paid or provided during the calendar year for which 12 Representatives, and the Chief Justice of the Supreme Court. 3 the annual statement is filed. Such attached statement shall 13 Section 7. Subsection (9) of section 112.322. Florida 4 become a public record upon the filing of the annual report. 14 Statutes, is resealed. 5 The annual statement of a reporting individual shall be filed 15 Section 8. Subsection (6) of section 440.442, Florida 6 with the financial disclosure statement required by either s. 16 Statutes, is amended to read: 7 8, Art. II of the State Constitution or s. 112.3.45, as 17 440.442 Code of Judicial Conduct.--The Chief Judge, 8 applicable to the reporting individual. The annual statement 18 and judges of compensation claims shall observe and abide by 9 of a procurement employee shall be filed with the Commission 19 the Code of Judicial Conduct as provided in this section. Any O on Ethics !Department-of-State. 20 material violation of a provision of the Code of Judicial 1 Sectior. 6. Subsection (1) of section 112.32., Florida 21 Conduct shall constitute either malfeasance or misfeasance in 2 Statutes, is arenaec to read: 22 office and shall be grounds for suspension and removal of such 3 112.321 Membership. terms; travel expenses: staff.-- 23 Chief Judge, or judge of compensation claims by the Governor. 4 (1) The commission shall be composed of nine members. 24 (6) FISCAL :A TERS OF JUDGES.--Fiscal matters of a 5 Five of these members shall be appointed by the Governor, no 25 judge should be conducted in a manner that will not give the ' lore than three of whom shall be from the same political 26 appearance of influence or impropriety. A judge should party, subject to confirmation by the Senate. One member 27 regularly file public reports as required by s. 8, Art. II of 8 appointed by the Governor shall be a former city or county 28 the State Constitution. and should publicly report gifts. 9 official and may be a former member of a local planning or 29 (a) Compensation for quasi-judicial and extrajudicial 0 zoning board which has only advisory duties. Two members 30 services and reimbursement of expenses.--A judge may receive 1 shall be appointed by the Speaker of the House of 31 compensation and reimbursement of expenses for the 37 38 ]DING: Words eLe£eken are deletions; words underlined are additions. CODING: Words str£eken are deletions; words underlined are additions. • CS/CS/HB 181. First Engrossed CS/CS/Ha 181. First Engrossed 1 quasi-judicial and extrajudicial activities permitted by this 1 Section 10. Section 112.3232, Florida Statutes, is 2 section, if the source of such payments does not give the 2 created to read: 3 appearance of influencing the judge in his or her judicial 3 112.3232 Compelled testimony.--If any person called to 4 duties or otherwise give the impression of impropriety subject 4 give evidence in a commission proceeding shall refuse_to give ' S to the following restrictions: 5 evidence because of a claim of possible self-incrimination. 6 :. Compensation: Compensation should not exceed a 6 h- commis 'on wit, the written auth. .f the 7 reasonable amount nor should it exceed what a person who is 7 appropriate state attorney, may apply to the chief judge of 8 not a judge would receive for the same activity. 8 the appropriate judicial circuit for a iudicial grant of 9 2. Expense reimbursement: Expense reimbursement 9 immunity ordering the testimony or other evidence of such 10 should be limited to the actual cost of travel, food, and 10 person notwithstanding his or her objection. but in such case 11 lodging reasonably incurred by the judge and, where 11 po testimony or other information compelled under the order. • 12 appropriate to the occasion, to his or her spouse. Any payment 12 or any information directly or indirectly derived from such 13 in excess of such an amount is compensation. 13 testimony or other information. may be used against the 14 (b) Public financial reporting.-- 14 witness in any criminal proceeding. 15 1. Income and assets: A judge shall file such public 15 Section 11. The provisions of this act repairing a 16 reports as may be required by law for all public officials to 16 person to file a final disclosure statement within 60 days 17 comply fully with the provisions of s. 8, Art. I: of the State 17 after leaving his or her public position. including the 18 Constitution. The form for public financial.disclosure shall 18 notification requirements relating to final filings. apply to 19 be that recommended or adopted by the Florida Commission on 19 persons leaving office or emidlovme^.t on or after the date this • 20 Ethics for use by all public officials. The form shall be 20 act becomes a law. 21 filed in the office of the Commission on Ethics Seereeary-e€ 21 Section 12. Section :12.3147, Florida Statutes, is 22 State on the date prescribed by law. 22 amended to read: 23 2. Gifts: A judge shall file a public report of all 23 112.3147 Forms.-- 24 gifts which are required to be disclosed under Canon 5D(5)(hi 24 ,(1) All information required to be furnished by ss. • 25 and Canon 6B(2) a,-55s-4Canen-5G44}{e} of the Code of Judicial 25 112.313, 112.3143, 112.3144, 112.3145. 112.3148, and 112.3149 26 Conduct}. The report of gifts received in the preceding • 26 and by s. 8, Art. II of the State Constitution shall be on 27 calendar year shall be filed in the office of the Commission 27 forms prescribed by the Commission on Ethics. 28 on Ethics SeereSary-a€-State on or before July 1 of each year. 28 (2)(al With respect to reporting assets valued in 29 Section 9. Sections 839.08, 839.09. 839.091_ and 29 excess of 51,000 on forms prescribed pursuant to s. 112.3144 30 839.10, Florida Statutes. are repealed. 30 which the reporting individual holds jointly with another 31 31 person, the amount reported shall be based on the reporting 39 40 CODING: Words serieken are deletions: words underlined are additions. CODING: Words str_eken are deletions; words underlined are additions. • CS/CS/HB 181. First Engrossed CS/CS/Ha 181, First Engrossed 1 ,individual's legal pe wentase of ownership in the property. 1 implementation of a course of study which shall include the 2 except that assets held jointly with the retorting 2 cost estimates for develcp:rs. :mpementing and sustaining the 3 ,individual's spouse shall be reported at 100 percent of the 3 course of study set forth herein. 4 value of the asset. For purposes of this subsection, a 4 Section 14. This act shall take effect January 1, 5 reportirc individual is deemed to own an interest in a 5 2001. 6 partnership which corresponds to the reporting individual's 6 • 7 interest in the capital or equity of the partnership. 7 Approved by the Governor IIIN 7 2000 '8 (01(b)1. With respect to reporting liabilities valued a 9 in excess of 51.000 on forms prescribed pursuant to s. 9Fl)ed.in Office Secretary of State JUN TUB 10 112.3144 for which the reporting individual is jointly and 10 11 severally liable. the amount reported shall be based upon the 11 • 12 reportirc individual's percentage of liability rather than the 12 13 total amount of the liability, except. a joint and several 13 14 .liability with the reporting individual's spouse for a debt 19 15 which relates to property owned by both as tenants iv the 19 16 entirety shall he reported at 100 percent of the total amount 16 17 owed. 17 18 A soca:ate settlon of the form shall be created to 18 19 provide for the reporting of the amounts of joint and several 19 20 liability of the reocrt:nc individual not otnenc se reported 20 21 j.n oaracraph ia'. 21 22 Section Il. Che _crosission or. Ethics is directed to 22 23 develop a plan to 'inclement a course of study reca:djnq tie 23 24 requirements tf roe SaOsh:ne Amendment and Code _tt:cs for 24 25 Public Officers and Employees in chapter 119, the onbitc 25 records law of counter :19. tic public meetings law :0 co nter 26 27 286 and chapter 379, for each elected public officer and each 27 28 person appo.ntec to hold elective public office. Che 28 29 Commission 1s furth0r directed to submit to the ?residec[ pf 29 • 30 the Senate. and the Speaker of the House of Representatives. 30 31 by the 2001 Legislative Session, a report outlining the 31 41 • 42 CODING: Words strieken are deletions; words underlined are additions. CODING: Words sErie4.en are deletions; words underlined are additions. r2 :J. c• :_.^ i__.. n__. ...... n._,, cin