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Backup Documents 09/08/2020 Item #16D14 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 D 14 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office p A `e AOo) 4. BCC Office Board of County ��y I _vF� Commissioners )\t IRO 5. Minutes and Records Clerk of Court's Office � COOP-0 / �� fo PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Matthew Catoe Contact Information 239-252-4059 Contact/ Department Agenda Date Item was 9.8.2020 Agenda Item Number 16.D.14 Approved by the BCC Type of Document MOU Number of Original 1 Attached Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes,a MC provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be MC signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's MC Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the MC document or the fmal negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's MC signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip MC should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 9/8/2020 and all changes made during the meeting have been incorporated in the attached document. The County pc` Attorney's Office has reviewed the changes,if applicable. °li ' 9. Initials of attorney verifying that the attached document is the version approved by the •i BCC,all changes directed by the BCC have been made,and the document is ready for the i p Chairman's signature. 16014 MEMORANDUM Date: September 11, 2020 To: Molly DuVall, Sr. Environmental Specialist Parks & Recreation From: Teresa Cannon, Sr. Deputy Clerk Minutes & Records Department Re: FWC Youth Hunt Agreement No. FWC 20043 Attached is a copy of the agreement referenced above, (Agenda Item #16D14) approved by the Board of County Commissioners on Tuesday, September 8, 2020. If you have any questions, please feel free to contact me at 252-8411. Thank you. Attachment 16014 FWC Youth Hunt Agreement No. FWC 20043 MEMORANDUM OF AGREEMENT BETWEEN FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION AND BOARD OF COUNTY COMMISSIONER OF COLLIER COUNTY o/b/o COLLIER COUNTY FWC YOUTH HUNT AGREEMENT No. FWC 20043 This MEMORANDUM OF AGREEMENT is entered into by and between THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereafter "COMMISSION," and BOARD OF COUNTY COMMISSIONER OF COLLIER COUNTY o/b/o COLLIER COUNTY,whose address is 3299 Tamiami Trail East,Naples, FL 34112 is hereafter"LANDOWNER", collectively, "Parties". NOW THEREFORE,the COMMISSION and the LANDOWNER,for the considerations hereafter set forth, agree as follows: 1. TERM: The term of this Memorandum of Agreement shall begin upon execution of this Agreement and remain in effect until the last scheduled hunt, listed below, is completed and the COMMISSION no longer has access to the Premises as specified in Section 5 of this Agreement, entitled ACCESS. However, the COMMISSION is only leasing the Premises on the dates the COMMISSION has access to the Premises, as specified in Section 5 of this Agreement. The dates of the scheduled hunt(s) are as follows: Hunt 1: Deer/Hog Dates: 11/20/2020 Thru 11/22/2020 Hunt 2: Hog Dates: 1/15/2021 Thru 1/17/2021 Hunt 2: Turkey Dates: 2/26/2021 Thru 2/28/2021 In the event of inclement weather or other unforeseen circumstance, the Parties will agree on a mutually acceptable date for rescheduling a hunt. The terms of this Agreement shall extend to the rescheduled date without need for further amendment and will terminate upon completion of the date of the last rescheduled hunt. 2. ACREAGE: The land subject to this Agreement, generally known as Pepper Ranch Preserve is approximately 2500 acres in Collier County, Florida, as more particularly outlined on the attached map which is hereby incorporated (the "Premises"). 3. PURPOSES: The purpose of this Agreement is to provide for the terms, conditions and limitations for the use by the COMMISSION of the lands listed above for the express purpose of providing a Commission-sponsored activity as described in the attached Youth Hunting Program of Florida Youth Hunt Announcement Form(s) ("Forms") which are hereby incorporated — to enhance, encourage and educate youth in the use of safe and practical hunting and fishing techniques and tactics in the outdoors. 4. USES: The COMMISSION and its agents shall have the exclusive right to enter onto the property to plan, improve and otherwise make provisions for use under the terms of this Agreement. The use of the Premises for a Commission-sponsored youth hunting activity as described in the attached MOA-Youth Hunt (LANDOWNER) Page 1 of 5 FY 2020/2021 FC Youth Hunt Agreement No.FW (1 43 W Forms shall be for the management of wildlife and/or aquatic life as outlined in the attached Forms, including, but not limited to, the implementation of programs for public hunting and fishing by all legal means, and programs for a variety of non-consumptive uses of wildlife by the public. The use of the Premises for a youth hunt(s), except as herein provided, shall be consistent with and not interfere with the LANDOWNER'S uses of the land. Hunting on the land will be limited to the number of pre-determined youth hunters as outlined in the attached Forms. The LANDOWNER shall endeavor to use the land so as not to unreasonably interfere with the exclusive uses of the land by the COMMISSION. LANDOWNER agrees to notify COMMISSION in advance of any other hunting or other activities taking place on the premises that may present a danger to human life or health, or that may affect or interfere with the activities described in the attached Forms. 5. ACCESS: Subject to the terms and conditions of this Agreement,the COMMISSION shall have free and full access to the Premises on the days of the scheduled hunt(s) for the purpose of administering youth training programs. The COMMISSION shall also have free and full access to the Premises 7 days before the scheduled hunt(s)to prepare for the hunt(s)and 7 days after the scheduled hunt(s)to clean-up. Hunting on the Premises pursuant to this Agreement shall only take place on scheduled hunting dates, listed above, and as outlined in the attached Forms. The LANDOWNER shall take reasonable steps to provide such free and full access by the COMMISSION; provided, however, the LANDOWNER shall have no duty of care to keep the Premises safe for entry or use by others, or to give warning to others entering or going on the Premises, as set forth in Florida Statute (F.S.) § 375.251. 6. STRUCTURES: The COMMISSION shall obtain prior approval from the LANDOWNER before using any facilities or locating any temporary structure, including any hunting blinds or tree stands, as herein provided. No structure shall be located permanently on the Premises without the prior written approval of the LANDOWNER. 7. GENERAL MAINTENANCE: The COMMISSION shall, at its sole expense and to the best of its ability, maintain the Premises in a clean and natural state and prevent and remove all litter and debris on the Premises arising from the uses of the land for a Commission-sponsored youth hunt. Further, except as approved in writing by the LANDOWNER, the COMMISSION shall, at its sole expense and to the best of its ability and to the fullest extent of its lawful authority, prevent cutting or removing trees by any person. 8. FINANCIAL OBLIGATION: This Memorandum of Agreement is not a contract for services and is not intended to create financial obligations between the Parties. However, in the event that costs are incurred as a result of either or both of the Parties performing their duties or responsibilities under this Memorandum of Agreement, the Parties agree to be responsible for their own respective costs. 9. LIABILITY: To the extent provided by, and subject to the limitations and conditions specified in F.S. § 768.28,the COMMISSION shall be responsible for any loss or damage resulting in whole or in part from its use of the Premises under the terms of this Agreement. Nothing contained herein shall be construed as a waiver of any limitation the COMMISSION may enjoy in accordance with F.S. § 768.28, or any other law providing limitations on claims. In addition, nothing contained herein shall be construed as a waiver of any limitation of liability that may be enjoyed by the LANDOWNER providing land to the public for outdoor recreational purposes, as provided in F.S. § 375.251, or any other law providing limitations on claims against the LANDOWNER. MOA-Youth Hunt (LANDOWNER) Page 2 of 5 FY 2020/2021 16014 FWC Youth Hunt Agreement No. FWC 20043 COMMISSION agrees to provide the attached written notice of F.S. § 375.251 to all person(s) volunteering or participating in this activity before the scheduled hunt or at the time of entry upon the LANDOWNER'S property. LANDOWNER agrees to post the attached written notice of F.S. § 375.251 conspicuously upon the area before or at the time of entry upon the LANDOWNER'S property. LANDOWNER agrees to not receive any compensation for the activity outlined in the attached Forms above the reimbursement of reasonable costs or expenses associated with the execution of this Agreement. LANDOWNER understands that the limitation of liability extended to an owner or lessee under F.S. § 375.251 applies only if no charge is made for entry to or use of the area for outdoor recreational purposes and no other revenue is derived from patronage of the area for outdoor recreational purposes. LANDOWNER agrees to not deliberately, willfully, or maliciously injure any persons or property as doing so could void LANDOWNER rights under F.S. § 375.251. 10. TERMINATION: Either party may terminate this Agreement by giving written notice to the other party specifying the termination date, by certified mail, return receipt requested, at least thirty (30) days prior to the termination date specified in the notice. Either party hereto shall have the right to immediately terminate this Agreement upon written notice to the other party in the event of such party's act of fraud or willful misconduct, or breach of this Agreement. 11. NOTICE: Unless a notice of change of address is given, any and all notices shall be delivered to the parties at the following addresses: LANDOWNER COMMISSION Molly DuVall Tyler Allen BOARD OF COUNTY COMMISSIONER OF Florida Fish and Wildlife Conservation COLLIER COUNTY o/b/o COLLIER Commission COUNTY 3299 Tamiami Trail East, Naples 620 South Meridian Street Naples, FL 34116 Tallahassee, FL 32399-1600 12. MODIFICATION OF AGREEMENT: No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and lawfully executed by the parties. 13. CANCELLATION UNDER F.S. CHAPTER. 119: This Agreement may be unilaterally canceled by the COMMISSION for refusal by the LANDOWNER to allow public access to all documents, papers, letters, or other material subject to the provisions of F.S. Chapter 119, and made or received by the LANDOWNER in conjunction with this Agreement. 14. PUBLIC RECORDS OF NONGOVERNMENT CONTRACTORS: All records in conjunction with this Agreement shall be public records and shall be treated in the same manner as other public records are under F.S. Chapter 119. 15. NON-DISCRIMINATION: No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. MOA-Youth Hunt (LANDOWNER) Page 3 of 5 FY 2020/2021 la 16 014 FWC Youth Hunt Agreement No. FWC 20043 16. PROHIBITION OF DISCRIMINATORY VENDORS: In accordance with F.S. § 287.134, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on an agreement to provide any goods or services to a public entity; may not submit a bid, proposal or reply on an agreement with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 17. SEVERABILITY AND CHOICE OF VENUE: This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action in connection herewith, in law or equity, shall be brought in Leon County, Florida. 18. NO THIRD-PARTY RIGHTS: The parties hereto do not intend nor shall this Agreement be construed to grant any rights, privileges or interest to any third party. 19. JURY TRIAL WAIVER: As consideration of this Agreement, the parties hereby waive trial by jury in any action or proceeding brought by any party against any other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. 20. ENTIRE AGREEMENT: This Agreement with all incorporated attachments represents the entire Agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, and duly signed by each of the parties hereto, unless otherwise provided herein. Remainder of Page Intentionally Left Blank Signature Page to Follow MOA-Youth Hunt (LANDOWNER) Page 4 of 5 FY 2020/2021 16014 FWC Youth Hunt Agreement No. FWC 20043 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed through their duly authorized signatories on the day and year last written below. Florida Fish and Wildlife Conservation Commission George Warthen, Director (or designee) Division of Hunting and Game Management Date ATTEST: ' BOARD OF COUNTY COMMISSIONERS OF CRYS I AL K,KIN L, CLERK k COLLIER CO Y, F 0 ID Deputy Clerk Attest as to Chairman's Burt L. Saunders, Chairman Approved as to forrAlnPl{ *. Date: -fS Jennife. Belpedio Assistant County Attorney 056. \e3 0 risSao Attachments: Youth Hunt Announcement Map Exhibit C MOA-Youth Hunt (LANDOWNER) Page 5 of 5 FY 2020/2021 16014 YOU-T-Hin NTING �o-OH AND ^-PROGRAM FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION o �A: Florida Division of Hunting and Game Management—Hunter Safety Section * *' YOUTH HUNT ANNOUNCEMENT FORM QroN cp. N DETAILS OF YOUTH HUNT Name of Hunt Location(Property,Club,etc.) Dates of Youth Hunt Emergency Phone#During Youth Hunt Pepper Ranch Preserve Jan 15-17, 2021 239-825-2218 Location of Youth Hunt(County,physical address and/or GPS coordinates—Attach Legal Description of Property) Approximate acreage Collier County 6315 Pepper Rd, Immokalee, FL 34142 2,500 Landowner Contact Information(Name,Address,Street) State Zip Molly DuVall 3300 Santa Barbara Blvd., Naples FL 34116 YHPF Coordinator Coordinator# Assigned HuntMaster(s) Tyler Allen 850-488-8984 Ken Drogue HuntMaster Phone(p/ease include area codes) 239-825-2218 KennethD@welshfl.eom Horne: Cell: Cell: I Unail: Hunt Information Type of Hunt(deer,hog,turkey,etc.-be specific listing sex[if applicable]and quantities desiring to be harvested.) Hog #of youth hunters supplied by landowner #of youth hunters supplied by YHPF Total#of youth hunters 0 6-First-time youth hunters from Collier County preferred 6 Will hunters be camping? Yes ❑ No Is there access to fishing that the Landowner authorizes YHPF to use? ❑ Yes r] No Are there cooking facilities that the Landowner authorizes YHPF to use? Will HuntMaster need cooking equipment,food or help Yes ❑No If yes,please describe: making food arrangements? ❑ Yes 0 No If yes, oven and stove inside lodge please describe: Are there lodging facilities that LESSOR authorizes LESSEE to use? Will HuntMaster need camping supplies and/or 0 Yes ❑No If yes,please describe: equipment from YHPF?❑Yes❑Aio If yes, lodge for the volunteers to stay please describe: Are there game cleaning facilities that Landowner authorizes YHPF to Are there permanent hunting stands that Landowner use? ❑ Yes 0 No If yes,please describe: authorizes YHPF use? ❑ Yes 0 No If yes,please describe: Will HuntMaster need portalets,an Advanced Check Request,tags or Youth Hunting Program of Florida any other item(s)that may not be mentioned? c/o Florida Fish and Wildlife Conservation ❑Yes❑}No If yes,please describe: Commission 620 South Meridian Street Tallahassee,FL 32399-1600 (850)488-8984 (office) Email: Tyler.Allen@MyFWC.com G40 16 014 YOUTH HUNTING V-osti m"OA: PROGRAM FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION o� '6 of\ Division of Huntingand Game Management—Hunter SafetySection Florida g *� .�' \ 8 �. 1 $ YOUTH HUNT ANNOUNCEMENT FORM N���4rroN ���`�'" DETAILS OF YOUTH HUNT Name of Hunt Location(Property,Club,etc.) Dates of Youth Hunt Emergency Phone#During Youth Hunt Pepper Ranch Preserve Feb 26-28, 2021 239-825-2218 Location of Youth Hunt(County,physical address and/or GPS coordinates—Attach Legal Description of Property) Approximate acreage Collier County 6315 Pepper Rd, Immokalee, FL 34142 2,500 Landowner Contact Information(Name,Address,Street) State Zip Molly DuVall 3300 Santa Barbara Blvd., Naples FL 34116 YHPF Coordinator Coordinator# Assigned HuntMaster(s) Tyler Allen 850-488-8984 Ken Drogue HuntMaster Phone(please include area codes) 239-825-2218 KennethD@welshfl.eom Home: 239-825-2218 (ell Email: Hunt Information Type of Hunt(deer,hog,turkey,etc.-be specific listing sex[if applicable]and quantities desiring to be harvested.) Turkey (Youth Weekend 12-15 Only) #of youth hunters supplied by landowner #of youth hunters supplied by YHPF Total#of youth hunters 0 5-First-time youth hunters from Collier County preferred 5 Will hunters be camping? Yes ❑ No Is there access to fishing that the Landowner authorizes YHPF to use? ❑ Yes 0 No Are there cooking facilities that the Landowner authorizes YHPF to use? Will HuntMaster need cooking equipment,food or help 0 Yes ❑No If yes,please describe: making food arrangements? ❑ Yes 0 No If yes, oven and stove inside lodge please describe: Are there lodging facilities that LESSOR authorizes LESSEE to use? Will HuntMaster need camping supplies and/or 0 Yes ❑No If yes,please describe: equipment from YHPF?❑Yes❑lio If yes, lodge for the volunteers to stay please describe: Are there game cleaning facilities that Landowner authorizes YHPF to Are there permanent hunting stands that Landowner use? ❑ Yes R No If yes,please describe: authorizes YHPF use? ❑ Yes 0 No If yes,please describe: Will HuntMaster need portalets,an Advanced Check Request,tags or Youth Hunting Program of Florida any other item(s)that may not be mentioned? c/o Florida Fish and Wildlife Conservation ❑Yes❑EIo If yes,please describe: Commission 620 South Meridian Street Tallahassee,FL 32399-1600 (850)488-8984(office) Email: Tyler.Allen@MyFWC.com �6, J 16014 YOU--T-HJAMT,ING a ON a"o It'i P0�D�RAM FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION p �' lord Division of Hunting and Game Management—Hunter Safety sik 55 YOUTH HUNT ANNOUNCEMENT FORM `4,1 N-co N DETAILS OF YOUTH HUNT Name of Hunt Location(Property,Club,etc.) Dates of Youth Hunt Emergency Phone#During Youth Hunt Pepper Ranch Preserve Nov. 20-22, 2020 239-825-2218 Location of Youth Hunt(County,physical address and/or GPS coordinates—Attach Legal Description of Property) Approximate acreage Collier County 6315 Pepper Rd, Immokalee, FL 34142 2,500 Landowner Contact Information(Name,Address,Street) State Zip Molly DuVall 3300 Santa Barbara Blvd., Naples FL 34116 YHPF Coordinator Coordinator# Assigned HuntMaster(s) Tyler Allen 850-488-8984 Ken Drogue HuntMaster Phone(please include area codes) Home: 239-825-2218 Cell:239-825-2218 Email: KennethD@welshfl.com Hunt Information fvpc of I lent(deer.hog,turkey.etc. -be specific listing sex[if applicable]and quantities desiring to be harvested.) Deer / Hog #of youth hunters supplied by landowner #of youth hunters supplied by YHPF Total#of youth hunters 0 5-First-time youth hunters from Collier County preferred 5 Will hunters be camping? 0 Yes ❑ No Is there access to fishing that the Landowner authorizes YHPF to use? ❑ Yes 0 No Are there cooking facilities that the Landowner authorizes YHPF to use? Will HuntMaster need cooking equipment,food or help 0 Yes ❑No If yes,please describe: making food arrangements? ❑ Yes El No If yes, oven and stove inside lodge please describe: Are there lodging facilities that LESSOR authorizes LESSEE to use? Will HuntMaster need camping supplies and/or 0 Yes ❑No If yes,please describe: equipment from YHPF?❑Yes❑iio If yes, lodge for the volunteers to stay please describe: Are there game cleaning facilities that Landowner authorizes YHPF to Are there permanent hunting stands that Landowner use? ❑ Yes 0 No If yes,please describe: authorizes YHPF use? ❑ Yes 0 No If yes,please describe: Will HuntMaster need portalets,an Advanced Check Request,tags or Youth Hunting Program of Florida any other item(s)that may not be mentioned? c/o Florida Fish and Wildlife Conservation ❑Yes❑•\lo If yes,please describe: Commission 620 South Meridian Street Tallahassee,FL 32399-1600 (850)488-8984 (office) Email: Tyler.Allen@MyFWC.com I 6 0 i 4 orDc-.130 m' 2 ...•3 a' ... 2.... ..V —x c --•ft si B 1/2' i") v so 0 0- :- = - a ,''' 4 '' . = ..., c rf C 47, -- r„-• a . 1, 0 .., 3 ir7 .-.1. 0 S 9 tt, "..).* 0 *.0 ' .4,4•`• I 4.4.-k44 , " 14 *." .)4,„,,".. 4'14';•-414i44,,.4 4 f '' 4.4. , VI.4 .....+5,. 1 s s .1 1'41 1 t e* • ,,. , ,.N. .C.,..e.'1,A,.;l'';,7111,7-1 ' . 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' jilit '' . *l' 4 — ) Al ,..411, - .,.. .... ,„ ."Aara, .. `0‘,..... .1"ovI*. .4,1 ,,*.. ,....04.4.4.,. 9 1 6014 (Exhibit C - To be supplied to each participant by COMMISSION and posted in a conspicuous place on LANDOWNER'S property by LANDOWNER upon arrival or before any COMMISSION sponsored Youth Hunting Program of Florida youth hunt.) OTICE READ THIS NOTICE COMPLETELY AND CAREFULLY. BY PARTICIPATING IN THIS ACTIVITY ON THIS PROPERTY, YOU ARE AGREEING TO GIVE UP YOUR RIGHT TO RECOVER FROM THE LANDOWNER IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH , TO YOU AND/OR YOUR CHILD AND/OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF PARTICIPATING IN THIS ACTIVITY. FOR MORE INFORMATION READ THE FOLLOWING . Florida Statute 375.251 Limitation on liability of persons making available to public certain areas for recreational purposes without charge.— (1) The purpose of this section is to encourage persons to make land, water areas, and park areas available to the public for outdoor recreational purposes by limiting their liability to persons using these areas and to third persons who may be damaged by the acts or omissions of persons using these areas. (2)(a) An owner or lessee who provides the public with an area for outdoor recreational purposes owes no duty of care to keep that area safe for entry or use by others, or to give warning to persons entering or going on that area of any hazardous conditions, structures, or activities on the area. An owner or lessee who provides the public with an area for outdoor recreational purposes: 1. Is not presumed to extend any assurance that the area is safe for any purpose; 2. Does not incur any duty of care toward a person who goes on the area; or 3. Is not liable or responsible for any injury to persons or property caused by the act or omission of a person who goes on the area. (Continued on Next Page) 0 16014 (b) Notwithstanding the inclusion of the term "public" in this subsection and subsection (1), an owner or lessee who makes available to any person an area primarily for the purposes of hunting, fishing, or wildlife viewing is entitled to the limitation on liability provided herein so long as the owner or lessee provides written notice of this provision to the person before or at the time of entry upon the area or posts notice of this provision conspicuously upon the area. (c) The Legislature recognizes that an area offered for outdoor recreational purposes may be subject to multiple uses. The limitation of liability extended to an owner or lessee under this subsection applies only if no charge is made for entry to or use of the area for outdoor recreational purposes and no other revenue is derived from patronage of the area for outdoor recreational purposes. (3)(a) An owner of an area who enters into a written agreement concerning the area with the state for outdoor recreational purposes, where such agreement recognizes that the state is responsible for personal injury, loss, or damage resulting in whole or in part from the state's use of the area under the terms of the agreement subject to the limitations and conditions specified in s. 768,28, owes no duty of care to keep the area safe for entry or use by others, or to give warning to persons entering or going on the area of any hazardous conditions, structures, or activities thereon. An owner who enters into a written agreement concerning the area with the state for outdoor recreational purposes: 1. Is not presumed to extend any assurance that the area is safe for any purpose; 2. Does not incur any duty of care toward a person who goes on the area that is subject to the agreement; or 3. Is not liable or responsible for any injury to persons or property caused by the act or omission of a person who goes on the area that is subject to the agreement. (b) This subsection applies to all persons going on the area that is subject to the agreement, including invitees, licensees, and trespassers. (c) It is the intent of this subsection that an agreement entered into pursuant to this subsection should not result in compensation to the owner of the area above reimbursement of reasonable costs or expenses associated with the agreement. An agreement that provides for such does not subject the owner or the state to liability even if the compensation exceeds those costs or expenses. This paragraph applies only to agreements executed after July 1, 2012. (4) This section does not relieve any person of liability that would otherwise exist for deliberate, willful, or malicious injury to persons or property. This section does not create or increase the liability of any person. (5) As used in this section, the term: (a) "Area" includes land, water, and park areas. (b) "Outdoor recreational purposes" includes, but is not limited to, hunting, fishing, wildlife viewing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing, motorcycling, and visiting historical, c archaeological, scenic, or scientific sites. History.—ss. 1, 2, 3, 4, 5, ch. 63-313; s. 1, ch. 75-17; s. 7, ch. 87-328; s. 1, ch. 2012-203. 16014 • F\'C Youth Hunt Agreement No. FWC 20043 MEMORANDUM OF AGREEMENT BETWEEN MORI DA FISH AND WILDLIFE CONSERVATION COMMISSION AND HOARD OF COUNTY COMMISSIONER OF COLLIER COUNTY o/b/o COLLIER COUNTY FWC YOUTII HUNT AGREEMENT No. FWC 20043 This MEMORANDUM OF AGREEMENT is entered into by and between THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION. whose address is 620 South Meridian Street. Tallahassee. Florida 32399-1600. hereafter "COMMISSION." and BOARD OF COUNTY COMMISSIONER OF COLLIER COUNTY o/b/u COLLIER COUNTY.whose address is 3299 Tamiami Trail East.Naples. FL 341 12 is hereafter"LANDOWNER". collectively."Parties". NOW THEREFORE..the COMMISSION and the LANDOWNER. for the considerations hereafter set forth.agree as follows: 1. TERM: The term of this Memorandum of Agreement shall hegin upon execution of this Agreement and remain in effect until the last scheduled hunt. listed below,is completed and the COMMISSION no longer has access to the Premises as specified in Section 5 of this Agreement. entitled ACCESS. however. the COMMISSION is only leasing the Premises on the dates the COMMISSION has access to the Premises, as specified in Section 5 of this Agreement. The dates of the scheduled hunt(s)are as follows: I lunt I: Deer/flog Dates: 11/20/2020 Thru 1 1/22/2020 Ilunt 2: I log Dates: 1/1512021 Thru I/I7/2021 Hunt 2: Turkey Dates: 2'26%2021 Thru 2/28/2021 In the event of inclement weather or other unforeseen circumstance, the Parties will attree on a mutually acceptable date for rescheduling a hunt. The terms of this Agreement shall extend to the rescheduled date without need for further amendment and w ill terminate upon completion of the date of the last rescheduled hunt. 2. ACREAGE: The land subject to this Agreement. generally known as Pepper Ranch Preserve is approximately 2500 acres in Collier County. Florida. as more particularly outlined on the attached map which is hereby incorporated (the"Premises"). 3. PURPOSES: The purpose of this Agreement is to provide for the terms. conditions and limitations for the use by the COMMISSION of the lands listed above for the express purpose of providing a Commission-sponsored activity as described in the attached Youth I lunting Program of Florida Youth hunt Announcement Form(s) ("Forms") which are hereby incorporated to enhance. encourage and educate youth in the use of safe and practical hunting and fishing techniques and tactics in the outdoors. 4. USES: The COMMISSION and its agents shall have the exclusive right to enter onto the property to plan. improve and otherwise make provisions for use under the terms of this Agreement. The use of the Premises for a Commission-sponsored youth hunting activity as described in the attached MOA•Ynuth Hunt (LAND)OWNER) Page 1 of 5 FY 2020/2021 EL) - - FWC Youth Hunt Agreement No. FWC 20043 Forms shall be for the management of wildlife and/or aquatic life as outlined in the attached Forms. including. but not limited to. the implementation of programs for public hunting and fishing by all legal means.and programs for a variety of non-consumptive uses of wildlife by the public. fhe use of the Premises for a youth hunt(s). except as herein provided. shall be consistent with and not interfere with the LANDOWNER'S uses of the land. Hunting on the land will be limited to the number of pre-determined youth hunters as outlined in the attached Forms. The LANDOWNER shall endeavor to use the land so as not to unreasonably interfere with the exclusive uses of the land by the COMMISSION. LANDOWNER agrees to notify COMMISSION in advance of any other hunting or other activities taking place on the premises that may present a danger to human life or health. or that may affect or interfere with the activities described in the attached Forms. 5. ACCESS: Subject to the terms and conditions of this Agreement.the COMMISSION shall have free and full access to the Premises on the days of the scheduled hunt(s) for the purpose of administering youth training programs. The COMMISSION shall also have free and full access to the Premises 7 days before the scheduled hunts)to prepare for the hunt(s)and 7 days after the scheduled hunt(s)to clean-up. Hunting on the Premises pursuant to this Agreement shall only take place on scheduled hunting dates. listed above. and as outlined in the attached Forms. The LANDOWNER shall take reasonable steps to provide such free and full access by the COMMISSION: provided.however.the LANDOWNER shall have no duty of care to keep the Premises safe for entry or use by others.or to give warning to others entering or going on the Premises. as set forth in Florida Statute(F.S.1 § 375 251. 6. STRUCTURES: The COMMISSION shall obtain prior approval from the LANDOWNER before using any facilities or locating any temporary structure. including any hunting blinds or tree stands. as herein provided. No structure shall he located permanently on the Premises without the prior written approval of the LANDOWNER. 7. GENERAL MAINTENANCE: The COMMISSION shall. at its sole expense and to the hest of its ability. maintain the Premises in a clean and natural state and prevent and remove all litter and debris on the Premises arising from the uses of the land for a Commission-sponsored youth hunt. Further,except as approved in writing by the LANDOWNER. the COMMISSION shall. at its sole expense and to the best of its ability and to the fullest extent of its lawful authority. prevent cutting or removing trees by any person. 8. FINANCIAL OBLIGATION: Phis Memorandum of Agreement is not a contract for services and is not intended to create financial obligations between the Parties. However. in the event that costs are incurred as a result of either or both of the Parties performing their duties or responsibilities under this Memorandum of Agreement. the Parties agree to he responsible for their own respective costs. 9. LIABILITY: To the extent provided by.and subject to the limitations and conditions specified in F.S. 768.28.the COMMISSION shall be responsible for any loss or damage resulting in whole or in part from its use of the Premises under the terms of this Agreement. Nothing contained herein shall be construed as a waiver of any limitation the COMMISSION may enjoy in accordance with F.S. § 768.28. or any other law providing limitations on claims. In addition. nothing contained herein shall he construed as a waiver of any limitation of liahility that may be enjoyed by the LANDOWNER providing land to the public for outdoor recreational purposes. as provided in F.S. § 375.251.or an other law providing limitations on claims against the LANDOWNER. MOA-Youth Hunt(LANDOWNER) Page 2 of 5 FY 2020/2021 16014 FWC Youth Hunt Agreement No. FWC 20043 CO\1\11SSION agrees to provide the attached written notice of F.S. § 375.251 to all person(s) volunteering or participating in this activity before the scheduled hunt or at the time of entry upon the LANDOWNER'S property. LANDOWNER agrees to post the attached written notice of F.S. § 375.251 conspicuously upon the area before or at the time of entry upon the LANDOWNER'S property. LANDOWNER agrees to not receive any compensation for the activity outlined in the attached Forms ahoy the reimbursement of reasonable costs or expenses associated with the execution of this Agreement. LANDOWNER understands that the limitation of liability extended to an owner or lessee under F.S. § 375.251 applies only if no charge is made for entry to or use of the area for outdoor recreational purposes and no other revenue is derived from patronage of the area for outdoor recreational purposes. LANDOWNER agrees to not deliberately. willfully. or maliciously injure any persons or property as doing so could void LANDOWNER rights under F.S. § 375.251. 10.TERMINATION: Either party may terminate this Agreement by giving written notice to the other party specifying the termination date.by certified mail.return receipt requested.at least thirty(30)days prior to the termination date specified in the notice. Either party hereto shall have the right to immediately terminate this Agreement upon written notice to the other part} in the event of such party's act of fraud or willful misconduct,or breach of this Agreement. 1 I. NOTICE: Unless a notice of change of address is given. any and all notices shall he delivered to the parties at the following addresses: LANDOWNER COMMISSION Molly DuVall Tyler Allen BOARD OF COUNTY COMMISSIONER OF Florida Fish and Wildlife Conservation COLLIER COUNTY oibb COLLIER Commission COUNTY 3299 Tamiami Trail East,Naples 620 South Meridian Street Naples.Fl. 34116 Tallahassee. FL 32399-1600 12. M1ODIFICATION OF AGREEMENT: No waiver or modification of this Agreement or of any covenant. condition. or limitation herein contained shall he valid unless in writing and lawfully executed by the parties. 13.CANCELLATION UNDER F.S.CHAPTER. 119: This Agreement may be unilaterally canceled by the COMMISSION for refusal by the LANDOWNER to allow public access to all documents, papers. letters. or other material subject to the provisions of F.S. Chapter 119. and made or received by the LANDOWNER in conjunction with this Agreement. 14. PUBLIC RECORDS OF NONGOVERNMENT CONTRACTORS: All records in conjunction with this Agreement shall he public records and shall he treated in the same manner as other public records are under P.S.Chapter 119. 15. NON-DISCRIMINATION: No person.on the grounds of race,creed,color.national origin.age.sex,or disability, shall be excluded from participation in. he denied the proceeds or benefits of or be otherwise subjected to discrimination in performance of this Agreement. N10A-Youth Hunt (LANDOWNER) Page 3 of 5 FY 2020/2021 '.�� 16014 FAV(' Youth hunt :\green►ent No. FW(' 20043 16. PROIIIBITION OF DISCRIMINATORY VENDORS: In accordance with F.S. 287.134. an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid. proposal,or reply on an agreement to provide any goods or services to a public entity: may not submit a bid, proposal or reply on an agreement with a public emit) for the construction or repair of a public building or public work; may not submit bids.proposals.or replies on leases of real property to a public entity:may not he awarded or perform work as a contractor. supplier. subcontractor. or consultant under a contract with any public entity:and may not transact business with any public entity. 17. SEVERABILITY AND CHOICE OF VENUE: This Agreement has been delivered in the State of Florida and shall he construed in accordance with the laws of Florida. Wherever possible,each provision of this Agreement shall be interpreted in such manner as to he effective and valid under applicable law. but if any provision of this Agreement shall he prohibited or invalid under applicable law,such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action in connection herewith. in law or equity,shall he brought in Leon County. Florida. 18. NO THIRD-PARTY RIGIITS: The parties hereto do not intend nor shall this Agreement he construed to grant any rights. privileges or interest to any third part). 19.JURY Tl'RIAI. WAIVER: As consideration of this Agreement. the parties hereby waive trial by jury in any action or proceeding brought b> any party against any other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. 20. ENTIRE AGREEMENT: fhis Agreement with all incorporated attachments represents the entire Agreement of the parties. Any alterations. variations.changes. modifications or waivers of provisions of this Agreement shall onl> be valid when they have been reduced to%sriting.and duly signed by each of the parties hereto. unless others ise provided herein. Remainder of rage Intentionally Left Blank Signature I'age to Follow Ok) MOA-Youth Hunt (LANDOWNER) Page 4 of 5 FY 2020/2021 16014 FV C youth hunt Agreement Nu. FM: 21)043 IN WITNESS WHEREOF.the parties hereto have caused this Agreement to be executed through their duly authorized signatories on the day and year last written below. Florida Fish and Wildlife Conservation Commission II 11111 Georger'� 'Ten d ector(or designee) Division Hunting and Game Management 6\(1—n1 Date ATTEST: BOARD OF -'OUN'I Y COMMISSIONERS OF _ CRYSTAL K,KIN L.CLERK k COLLIER CO i IN. Fl 0 tID • Deputy Clerk Attest*S't)ChaTmlan's Burt L. Saunders.Chairman Approved as to forAig RAWY-. ��� Date: _ - JenniIi.+u'A. I eLpedio 1� Assistant County Attorney 9 p. .0 ,1 Attachments: Youth I lunt Announcement Map Exhibit C MOA•Youth Hunt (LANDOWNER) Page 5 of 5 FY 2020/2021 16014 YOUTH ItUNTING " !~'LP,�ORAM FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION Florida Division of Hunting and Game Management—Hunter Safety Section •�,. YOUTH HUNT ANNOUNCEMENT FORM - rr,OH DETAILS OF I'OUTII HUNT Name of I lust I oeariort I Pro pert).Club,etc t Dales of Y.rutlr Ihun hue(cenc) Phone a During Youth I lunt Pepper Ranch Preserve Jan 15-17, 2021 239-825-2218 I oauion of Youth I hunt((bunt).ph)sieal address and of('rPS coordinates—Much Legal Ikruptiun of Pn)pert)I Approximate acreage Collier County 6315 Pepper Rd, Immokalee, FL 34142 2,500 I.andottnet Contact Information 1Namc.Addr Streets State lip Molly DuVall 3300 Santa Barbara Blvd., Naples FL 34116 YI II't'Coordinator Coordinators Assigned I Iunt\laster(s) Tyler Allen 850-488-8984 Ken Drogue I:::::1td1 239-825-2218 KennethD@welshfl-corn. 239-825-2218 ('All Etna& Hunt Information 1)pe ofllunt(deer.hog.nuke).etc.-be specific listing sex if applicable'and quantities desiring to be harvested. Hog )mall hunters supplied b) landuttner a ol'youth hunters supplied b) 1I11'1- Total a of)oath hunters Q 6-Fuyt.Sme youth hunters from Coster County prelerrsd 6 Will hunters he camping? Is there access to fishing that the I.andottner authorizes\IIPF to use? ❑ Yes No G 1'es ❑ No Arc there cooking facilities that the Landowner aulhorizes YI IPP to use? Will Hunt\taster need cooking equipment.trod or help Fal 1 es ❑No If yes.please describe. making food arrangements? ❑ Yes []No If yes, please describe: oven and stove inside lodge Are there lodging facilities that LESSOR authorizes LESSEE to use? Will HuniStaster need camping supplies and/or Yes ❑No If es. please describe: equipment from Yin'?❑Yes❑laic If yes, lodge for the volunteers to stay please describe: 1 - \re there game cleaning facilities that Landowner authorizes YIIPF to .ire there permanent hunting stands that I.andossncr use? ❑ Yes ONo If yes,please describe: audio' tes VIM'use? ET Yes Q No I1)es.please describe. Will Hunt\Taster need portalets.an Advanced(heck Request.tags or Youth Hunting Program of Florida an other items►that may not he mentioned? c/o Florida Fish and Wildlife Conservation Yes❑d.o If)cs.please describe Commission 620 South Meridian Street Tallahassee,FL 32399-1600 (850)488-8984(office) Entail:Tyler.Atlen@.MyFWC.com 16014 YOUTHJIUNTING Q'0.0.ntip,: �''-I OQRAM FLORIDA FISII AND WILDLIFE CONSERVATION COMMISSION o; c °# Division of Hunting and Game Management—Hunter Safety Section ,i Florida o•c�c�.: b `� YOUTH HUNT ANNOUNCEMENT FORM ".,,,. , DETAILS OF YOUTI I HUNT Name of Ilium I()cation(Propem.Club,etc.) pates or Youth Ilunt F.mergcnc) Phone is During Youth Hunt Pepper Ranch Preserve Feb 26-28, 2021 239-825-2218 Location of Youth hunt(County.ph}sicul address and or(il'S coordinates-Attalla I cgal f)escription of Propcnyl Approximate acreage Collier County 6315 Pepper Rd, Immokalee, FL 34142 2,500 Landowner Contact Information(Name.Address.Street) State Zip Molly DuVall 3300 Santa Barbara Blvd., Naples FL 34116 VIM'('oordioalor -- Coordinator a Assigned Ilunt\tastersl Tyler Allen 850-488-8984 j Ken Drogue I IuniShistcr Phone(please include area erl..,1 Iona:: 239-825-2218 (.e,, 239-825-2218 Email:KennethD@welshfl.com Hunt Information I re of I lust(deer.hog.turke .etc.-be specific listing sex lif applicable and quantities desiring to be harsested.) Turkey (Youth Weekend 12-15 Only) c of umnh hunters supplied h+ landowner a of uouth hunters supplied h} YI IPF ocal d of)ouch hunters 0 yFrst•t.me yOuth hunters from Collier County preferred 5 Will hunters be camping? O Yes ❑ No Is there access to fishing that the Landowner authorizes YHPF to use? ❑ Ycs E] No Arc there cooking facilities that the Landowner authorizes YI11'F to use? Will HuntNlaster need cooking equipment,food or help E. Yes r]No If yes,please describe: making food arrangements? 0 Yes Q No If yes, oven and stove inside lodge please describe: Arc there lodging facilities that LESSOR authorizes LESSEE to use? Will I lunt:llaster need camping supplies and'or O Yes ❑No If yes.please describe: equipment from VI IPF?❑Yes 0 leo If yes, lodge for the volunteers to stay please describe: Are there game cleaning facilities that Landow ner authorizes YHPF to Are there permanent hunting stands that Landowner use'! ❑ Yes Q No If yes.please describe: authorizes YIIPF use? ❑ Yes 8 No lf}cs.please describe: N ill Itunt\taster need portalcts,an Advanced Check Request.tarts or Youth Hunting Program of Florida an other itent(s)that may not he mentioned? do Florida Fish and Wildlife Conservation ❑Yes❑•No If yes.please describe: Commission 620 South Meridian Street Tallahassee,FL 32399-1600 (850)488-8984(office) Email:Tyler.Allen@MyFWC.com . 16014 YOUTHLLUNIING ,,.M aNq PR��IAM FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION o;•} t; of� Division of Hunting and Game Management—Hunter Safety Section �a Otid; c J`. o t YOUTH HUNT ANNOUNCEMENT FORM *' 1 ~ 4 DETAILS OF YOUTH HUNT Name of I lust Lnratinn(Ptopeny,Club.etc.) Dates of Youth I hunt Emergency Phone 8 During Youth!hunt Pepper Ranch Preserve Nov. 20-22, 2020 239-825-2218 I.,,,:uinn of Youth hunt ICnunts.phy sical addres::mtl or(il'S coordinates—Attach Legal Description of Pollen).) - Approximate acreage Collier County 6315 Pepper Rd, Immokalee, FL 34142 2,500 I.andnssner Contact Information(Name.Address.Street) State Zip Molly DuVall 3300 Santa Barbara Blvd., Naples FL 34116 1'I WE('onrdin;,t„r Coordinator n Assigned Iluni lasterisl Tyler Allen 850-488-8984 Ken Drogue Iltmmaastcr Plume(please lrtihrde area c'odo) 239-825-2218 KennethD@welshtl.com ihmw: __ 239-825-2218 Cell. Email: Hunt Information 1 s pe of!hint(deer.hog.turkey.etc.-he specific listing se,.lif applicable)and quantities desiring to he hanested.) ' Deer / Hog of youth hunters supplied by landossner r.of youth hunters supplied hs YI II'I• fatal h of youth hunters 0 5 first time youth hunters from Collie,County preferred 5 Will hunters he camping? , Is there access to fishing that the Landossner authorizes 1'HPF to use? ❑ Yes 0 No O Yes ❑ No I Are there cooking facilities that the Landossner authorizes YIIPF to use? 11'ill HuntMaster need cooking equipment,food or help 0 Yet ❑No If yes.please describe: making food arrangements? ❑ Yes Ej No If yes. please describe: oven and stove inside lodge Are there lodging facilities that LESSOR authorizes LESSEE to use? Will I luntMaster need camping supplies and'or ii Yes 0 No If yes.please describe: equipment from VI IPF?❑Yes❑No If yes. please describe: lodge for the volunteers to stay Arc there game cleaning facilities that Landossner authorizes YHPF to Arc there permanent hunting stands that Landossner use? l Yes 0 No If ycs.please describe: authorizes YHPF use? ❑ Yes 0 No If yes,please describe: 11 ill 11untlllaster need ponalets.an.- danced Check Request,tags or Youth Hunting Program of Florida any other item(%)that may not be mentioned'' c/o Florida Fish and Wildlife Conservation Yes DaKoIfy us.please describe: Commission 620 South Meridian Street Tallahassee,FL 32399-1600 (850)488-8984(office) Email:Tyler.Allen(QMyFWC.com 0 16014 • f y `7.! t bw.iz . . i lr - . ., r 14. . ' .1 - ram' .,r,. .4. • y . 1 etTIA i I it ..t.1 I • •� I ,�1 • y -- L`.Off'f•M .yI lip.-..�.•�."'• ,• '� •. . • ,,..4-• • i.. V . • . ,.: .r • ♦ ._ram •! Y ♦.• - �,��M• - , V • Ev. . -:. ).....,... . !, .1.4... — ....••" "'"" • • y 1• .• I • `' • •,d ..•'4,. ,^'!01 •. i.v,,•...•,•••' U ,iris 4� " 1401 . `::l • . r ! —�_ . 7. .+•- - —•=.-:.' 1 "b_a rr` ',=t'.1'" O4O 16014 (Exhibit C - To be supplied to each participant by COMMISSION and posted in a conspicuous place on LANDOWNER'S property by LANDOWNER upon arrival or before any COMMISSION sponsored Youth Hunting Program of Florida youth hunt.) NOTICE READ THIS NOTICE COMPLETELY AND CAREFULLY. BY PARTICIPATING IN THIS ACTIVITY ON THIS PROPERTY, YOU ARE AGREEING TO GIVE UP YOUR RIGHT TO RECOVER FROM THE LANDOWNER IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOU AND/OR YOUR CHILD AND/OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF PARTICIPATING IN THIS ACTIVITY. FOR MORE INFORMATION READ THE FOLLOWING . Florida Statute 375.251 Limitation on liability of persons making available to public certain areas for recreational purposes without charge.— (1) The purpose of this section is to encourage persons to make land, water areas, and park areas available to the public for outdoor recreational purposes by limiting their liability to persons using these areas and to third persons who may be damaged by the acts or omissions of persons using these areas. (2)(a) An owner or lessee who provides the public with an area for outdoor recreational purposes owes no duty of care to keep that area safe for entry or use by others, or to give warning to persons entering or going on that area of any hazardous conditions, structures, or activities on the area. An owner or lessee who provides the public with an area for outdoor recreational purposes: 1. Is not presumed to extend any assurance that the area is safe for any purpose; 2. Does not incur any duty of care toward a person who goes on the area; or 3. Is not liable or responsible for any injury to persons or property caused by the act or omission of a person who goes on the area. (Continued on Next Page) r 16014 (b) Notwithstanding the inclusion of the term "public" in this subsection and subsection (1), an owner or lessee who makes available to any person an area primarily for the purposes of hunting, fishing, or wildlife viewing is entitled to the limitation on liability provided herein so long as the owner or lessee provides written notice of this provision to the person before or at the time of entry upon the area or posts notice of this provision conspicuously upon the area. (c) The Legislature recognizes that an area offered for outdoor recreational purposes may be subject to multiple uses. The limitation of liability extended to an owner or lessee under this subsection applies only if no charge is made for entry to or use of the area for outdoor recreational purposes and no other revenue is derived from patronage of the area for outdoor recreational purposes. (3)(a) An owner of an area who enters into a written agreement concerning the area with the state for outdoor recreational purposes, where such agreement recognizes that the state is responsible for personal injury, loss, or damage resulting in whole or in part from the state's use of the area under the terms of the agreement subject to the limitations and conditions specified in s. 768.28, owes no duty of care to keep the area safe for entry or use by others, or to give warning to persons entering or going on the area of any hazardous conditions, structures, or activities thereon. An owner who enters into a written agreement concerning the area with the state for outdoor recreational purposes: 1. Is not presumed to extend any assurance that the area is safe for any purpose; 2. Does not incur any duty of care toward a person who goes on the area that is subject to the agreement; or 3. Is not liable or responsible for any injury to persons or property caused by the act or omission of a person who goes on the area that is subject to the agreement. (b) This subsection applies to all persons going on the area that is subject to the agreement, including invitees, licensees, and trespassers. (c) It is the intent of this subsection that an agreement entered into pursuant to this subsection should not result in compensation to the owner of the area above reimbursement of reasonable costs or expenses associated with the agreement. An agreement that provides for such does not subject the owner or the state to liability even if the compensation exceeds those costs or expenses. This paragraph applies only to agreements executed after July 1, 2012. (4) This section does not relieve any person of liability that would otherwise exist for deliberate, willful, or malicious injury to persons or property. This section does not create or increase the liability of any person. (5) As used in this section, the term: (a) "Area" includes land, water, and park areas. (b) "Outdoor recreational purposes" includes, but is not limited to, hunting, fishing, wildlife viewing, swimming, boating, camping, picnicking, hiking, pleasure, driving, nature study, water skiing, motorcycling, and visiting historical, archaeological, scenic, or scientific sites. History.—ss. 1, 2, 3, 4, 5, ch. 63-313; s. 1, ch. 75-17; s. 7, ch. 87-328; s. 1, ch. 2012-203.