Agenda 01/09/2018 Item #16H 201/09/2018
EXECUTIVE SUMMARY
Recommendation to direct the County Attorney to advertise an ordinance regulating the harvesting
of Palmetto Berries and other natural resources.
OBJECTIVE: To protect the public from the practice of unlawfully harvesting palmetto berries and
other natural resources.
CONSIDERATIONS: Section 125.01 Florida Statutes, provides that the legislative and governing body
of a county may adopt ordinances and resolutions necessary for the exercise of its powers and prescribe
fines and penalties for the violation of ordinances in accordance with the law.
There is a longstanding problem in the Estates and other rural areas of Collier County of people
trespassing on primarily residential property searching for and harvesting palmetto berries.
The practice of harvesting palmetto berries and other natural resources constitutes a trespass as set forth in
Section 810.09, Florida Statutes, when palmetto berries or natural resources are collected and taken from
private property without permission of the property owner. There has been an enforcement issue with
this, however, as it is difficult to properly post land against trespassing, and when posted, the signs often
disappear.
The ordinance attempts to correct this issue by requiring anyone engaged in the act of harvesting palmetto
berries or other natural resources from property have available written permission from the owners of
property to be present on the property for the purpose of harvesting. It is a defense to a finding of a
violation of this ordinance if the named violator later provides proof that they had the property owner’s
permission to harvest on the date of the violation. Violation of the ordinance is treated in the same
manner as a misdemeanor of the second degree punishable by a fine not exceeding $500 or by
imprisonment not to exceed 60 days, or by both such fine and imprisonment.
FISCAL IMPACT: Estimated cost to advertise is $350.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for approval. -JAK
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners directs the County Attorney to
advertise for a future meeting and place on the Board’s agenda for approval.
PREPARED BY: William L. McDaniel, Jr., Commissioner, District 5
AGENDA DATE: January 9, 2017
ATTACHMENT(S)
1. Ordinance - Palmetto Berries (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.H.2
Doc ID: 4457
Item Summary: Recommendation to direct the County Attorney to advertise an ordinance
regulating the harvesting of Palmetto Berries and other natural resources.
Meeting Date: 01/09/2018
Prepared by:
Title: Legal Assistant/Paralegal – County Attorney's Office
Name: Virginia Neet
12/21/2017 3:23 PM
Submitted by:
Title: – Board of County Commissioners
Name: Bill McDaniel
12/21/2017 3:23 PM
Approved By:
Review:
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/26/2017 10:05 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/26/2017 2:51 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 12/27/2017 9:24 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 01/01/2018 10:44 AM
Board of County Commissioners MaryJo Brock Meeting Pending 01/09/2018 9:00 AM
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Packet Pg. 937 Attachment: Ordinance - Palmetto Berries (4457 : Palmetto Berries)
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Packet Pg. 938 Attachment: Ordinance - Palmetto Berries (4457 : Palmetto Berries)
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Packet Pg. 939 Attachment: Ordinance - Palmetto Berries (4457 : Palmetto Berries)
01/09/2018
P R O C L A M A T I O N
WHEREAS, U.S. Coast Guard Auxiliary Flotilla 95, Marco Island, received its charter
April 30, 1967; and,
WHEREAS, Over the past 50 years more than 500 highly trained community members of
the volunteer arm of Team Coast Guard (TCG) have dedicated their time,
effort, expertise and specially equipped vessels to make the waters
surrounding Marco Island safer for boaters; and,
WHEREAS, TCG conducted numerous search and rescue missions as directed by the U.S.
Coast Guard in response to mayday calls, and aided scores of vessels and
crews that were stranded, in distress or in need of towing; and,
WHEREAS, TCG monitored VHF Radio Channel 16 on behalf of the U.S. Coast Guard when
Rescue 21 and prior communication systems were inoperable; and,
WHEREAS, TCG conducted thousands of safety patrols in its Area of Responsibility (AOR)
comprised of 220 square miles of navigable waterways; and,
WHEREAS, TCG inspected all the Aids to Navigation within the AOR for accuracy and
being on station, reporting results to the U.S. Coast Guard for correction and
replacement, and recommended installation and placement of new aids; and
more than 100 place names were added to the official records of the U.S.
Board on Geographic Names and appear on Nati onal Oceanic and Atmospheric
Administration charts for Marco Island and the 10,000 Islands; and,
WHEREAS, TCG responded to sunken vessels and/or oil discharges under orders from U.S.
Coast Guard Marine Safety Detachment, and provided escort vessels and
picket patrols for regattas and boat parades; and,
WHEREAS, TCG conducted thousands of courtesy vessel examinations to ensure
recreational boaters had the required equipment on board; and,
WHEREAS, TCG conducted hundreds of lectures, speeches, demonstrations and exhibits to
boaters in support of U.S. Coast Guard’s Recreational Boating Safety mission;
and,
WHEREAS, Thousands of students took advantage of courses in basic, advanced boating,
and local boaters’ knowledge taught by Flotilla 95 certified instru ctors, and
hundreds of third-grade students were taught how to survive in the waters
through the Water-Wise Program.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County,
Florida, that the U.S. Coast Guard Auxiliary Flotilla 95, Marco Island, a
valued asset to Collier County, should be commended for 50 years of making
the County safer for boaters and for its commitment to its mission for the
next 50 years.
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DONE AND ORDERED THIS 9th Day of January, 2018.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
________________________________
PENNY TAYLOR, CHAIRMAN
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