Agenda 09/24/2024 Item #10A (Agreement and By-Laws of the Southwest Florida Regional Planning Council)9/24/2024
Item # 10.A.
ID#: 2024-1068
Executive Summary
Recommendation that the Board approves the proposed Interlocal Agreement and By-Laws of the Southwest Florida
Regional Planning Council.
OBJECTIVE: To reconstitute and rebrand the Southwest Florida Regional Planning Council (SWFRPC) by repealing
the existing Interlocal Agreement and By-Laws and replacing them with language consistent with Florida Statutes.
CONSIDERATIONS: Regional Planning Councils (RPC) assist local governments in resolving their common
problems, engage in area-wide comprehensive and functional planning, administer certain federal and state
grants‐in‐aid, provide technical assistance, conduct research related to regional issues, and provide a regional focus in
regard to multiple programs undertaken on an area-wide basis. These programs and services include transportation
planning, economic development, emergency preparedness planning, ecological services, dispute resolution, and
workshop and event coordination.
In 1973, the SWFRPC, designated Regional District 9, was created by an interlocal agreement between Charlotte,
Collier, Glades, Hendry, Lee, and Sarasota Counties. In accordance with Florida Statutes, the agency is directed by a 36-
member council, composed of 25 county commissioners and municipal elected officials, seven gubernatorial appointees
from all counties within the region, and four ex-officio (non-voting) gubernatorial appointees representing the Florida
Department of Transportation, the Florida Department of Environmental Protection, and water management districts.
In 1993, the State Legislature removed the Development of Regional Impact (DRI) appeal authority from Florida
Statutes. The appeal authority allowed RPCs to appeal to the Governor and Cabinet serving as the Florida Land and
Water Adjudicatory Commission. Losing the DRI appeal authority effectively diluted RPC recommendations to
advisory in nature. In 2015, the Legislature eliminated the requirement that a DRI be subject to the state-coordinated
review process, thereby removing the DRI process from the RPC’s authority.
In an effort to bring the Interlocal Agreement into compliance with Florida Statutes, it is recommended that the current
Interlocal Agreement and related By-Laws be repealed and replaced with language consistent with current law. To
achieve this, termination and adoption of a new interlocal agreement must be done by the county commissions of the six
counties that comprise the SWFRPC.
I previously brought this issue to the Board on June 28, 2022 (Agenda Item No. 10E). The recap to this item stated:
E. This Item to be heard no sooner than 1 PM. Recommendation to consider Board support of draft language
to reconstitute and rebrand the Southwest Florida Regional Planning Council (SWFRPC) by repealing and
replacing the existing Interlocal Agreement and corresponding By-Laws with language consistent with Florida
Statutes, and directing the County Attorney to incorporate any Board approved changes into the draft for return to
the SWFRPC. (Sponsored by Commissioner McDaniel) (All Districts)
Motion by Commissioner McDaniel, second by Commissioner LoCastro to approve as presented -
Approved 4/1 (Commissioner Taylor opposed)
I have prepared a proposed repeal and replacement of the current Interlocal Agreement and Bylaws, which is attached to
this item. I am requesting that the Board approves these two items.
FISCAL IMPACT: There is no fiscal impact associated with this action.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, raises no legal issues at this time,
and requires majority vote for approval. -JAK
RECOMMENDATIONS: That the Board approves the proposed Interlocal Agreement and By-Laws of the Southwest
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Florida Regional Planning Council.
PREPARED BY: William L. McDaniel, Jr., District 5
ATTACHMENTS:
1. Replacement Interlocal Agreement - SWFRPC
2. SWFRPC_Interlocal_Agreement
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1
Southwest Florida Regional Planning Council Bylaws
REPLACEMENT
BYLAWS
of the
SOUTHWEST FLORIDA REGIONAL PLANNING
COUNCIL
TABLE OF CONTENTS
SECTION Page
1. Organization 1
2. Powers and Duties 1
3. Membership 2
4. Officers, Term of Office and Standing Committees 2
5. Executive Director 3
6. General Information 4
7. Public Records 4
8. Public Meetings 4
1. ORGANIZATION
The name of the agency shall be the Southwest Florida Regional Planning Council. It is a regional
planning council formed in November 1973 under the authority of Chapter 160, Florida Statutes,
as a voluntary association of local governments of the counties and municipalities which comprise
the Region, namely, the counties of Charlotte, Collier, Hendry, Glades, Lee and Sarasota. The
regional boundaries are those defined as Comprehensive Planning District IX as specified by
rule by the Executive Office of the Governor pursuant to 27E-1.002, F.A.C.
2. POWERS AND DUTIES
The Council shall have the following powers and duties prescribed and granted by Chapter
186.505(1) through (25), Florida Statutes, and as they may be amended from time to time.
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Southwest Florida Regional Planning Council Bylaws
3. MEMBERSHIP
The Council shall consist of twenty-seven (24) voting members. A voting member shall represent
each Principal member unit of the Council as described in the following.
a. Two voting members from each member county shall be a member of that county’s
Board of County Commissioners and appointed by that Board. If an alternate is
assigned on the annual appointment form, the alternate must also be a county
elected official.
b. One voting member from each member county shall be a Mayor, a City
Commission or Council member, or other elected municipal official from one of
the local general-purpose governments in the county, appointed by the Board of
County Commissioners from the respective County.
c. There shall be six (6) voting members appointed by the Governor, subject to
confirmation by the Florida Senate. One (1) member who is a resident of that
county shall represent each County.
e. Ex-officio Members: There may be (1) non-voting ex-officio member from the
South Florida Water Management District (SFWMD), from the Southwest Florida
Water Management District (SWFWMD) from the Florida Department of
Transportation (FDOT), from the Florida Department of Environmental Protection
(FDEP), and a representative nominated by the Florida Department of Economic
Opportunity (FDEO).
4. OFFICERS, TERM OF OFFICE AND STANDING COMMITTEES
a. Officers: The Council shall elect from its membership, a Chairman, a Vice-
Chairman a Secretary and a Treasurer. The Chairman shall preside over regular and
special meetings of the Council. The Chairman may also represent and speak for
the Council at other official meetings and functions. The Vice-Chairman shall
assume duties of the Chairman on request of the Chairman or in the absence of
the Chairman.
b. Terms of Office: The Chairman, Vice Chairman, Secretary and Treasurer shall be
elected annually. All officers are limited to two consecutive two-year terms.
c. Elections: The election of the Chairman, Vice Chairman and other officers as may
be created or appointed by the Council shall be at the January meeting of the
calendar year every year. Installation shall follow immediately.
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Southwest Florida Regional Planning Council Bylaws
d. Standing Committees: The Council may establish such standing committees, as it
may deem appropriate to the efficient pursuit of its duties and responsibilities.
Members of all committees shall be appointed by the Chairman and shall serve at
his or her discretion. Ad hoc and special committees may be appointed and
dissolved by the Chairman with the approval of the Council. The following
committee is hereby established as a standing committee.
1. Executive Committee: Duties of the Executive Committee shall be to represent
and act on behalf of the Council between regular meetings, on personnel
relations and regulations, budget control, and on contractual relationships with
individuals, agencies and firms. The Committee may meet in lieu of the regular
Council meeting and shall have the authority to conduct Council business.
Membership shall be composed of the Chairman, Vice Chairman, Secretary,
Treasurer, and Past Chairman.
5. EXECUTIVE DIRECTOR
a. The Executive Director of the Southwest Florida Regional Planning Council shall
be selected by the Executive Committee and shall be appointed by a majority of
those Council members present and voting at an official meeting of the Council at
which an appointment is being considered. Compensation for the Executive
Director shall be set and adjusted from time to time by the Executive Committee
and ratified by the Full Council.
b. The Executive Director shall be appointed for an indefinite term to continue for
such time as both parties find the association to be satisfactory. Neither party
shall terminate the period of employment with less than sixty (60) days written
notice, unless the other party waives the rights to such notice. The Council retains
the right to remove the Executive Director from office for just cause without notice
or compensation in the event of fraud, dishonesty, or criminal actions and may
suspend said Executive Director pending investigation and hearings on charges
before the Council.
c. The Executive Director shall operate the Regional Planning Agency with the
concurrence of the Council, and shall report at each meeting of the Council on the
progress, problems and status of the approved programs. The duties and the
limits of his or her authority shall, from time to time, be prescribed by the Council
and shall include, but not be limited to the following:
1. Recruit, employ, set compensation, and train and direct all authorized staff
personnel in accordance with the annual budget as approved by the
Council.
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Southwest Florida Regional Planning Council Bylaws
2. Approve all expenditures and account for all budgeted funds.
3. Prepare all budgets for Council review and approval.
4. Negotiate for all available funding from local, state and/or fed eral or
private sources.
5. Conduct such research, planning and economic development programs as
will benefit the member governments as approved by the Council.
6. Coordinate the programs of all departments to insure maximum benefit
and minimum costs.
6. GENERAL INFORMATION
The mailing address of the Southwest Florida Regional Planning Office is P.O. Box 60933,
Ft. Myers, Florida 33906.
7. PUBLIC RECORDS
Any and all Council correspondence, reports, publications, memoranda and other documents are
public records and thus open for public inspection during office hours.
The Council maintains a list of publications available and the cost per document. Individuals using
the Council’s copying machine are charged a set per page fee. Any person may purchase
documents. Local general-purpose governments within the region shall be charged only the
direct cost of production and are not subject to regular cost schedules.
8. PUBLIC MEETINGS
The Council normally meets every other month on the third Thursday of the month at 9:00 a.m.
Eastern Time. The date and time of regular meetings may change for the convenience of the
Council. The Chairman or any two Executive Committee members may call Executive Committee
meetings. The Council and Executive Committee meetings shall be conducted pursuant to
Roberts Rules of Order Revised.
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a. Quorum: Half of the voting members shall constitute a quorum. For purposes of
establishing a quorum, the following rules shall apply. (1) Vacant seats on the Council
shall not count as a “voting member”. (2) Any member who has been reasonably notified
by the appointing body and is unresponsive, shall not count as a “voting member”. In the
event that a quorum is not present, a majority of the voting members present may
reschedule and adjourn the meeting.
A quorum for the Executive Committee will consist of three (3) voting members. During
circumstances that require immediate action, the Executive Committee may conduct its
business via teleconference.
b. Annual Meeting: The regular January meeting shall be known as the Annual Meeting and
shall be for the purpose of installing the Chairman, Vice-Chairman, Secretary and
Treasurer, and conducting other business as may come before the membership.
c. Notice: The general public is cordially invited to all Council meetings and proceedings.
Notice of these meetings is published at least seven (7) days prior thereto in the Florida
Administrative Register. In addition, notice is mailed to all Council member s and to
anyone who has requested notice.
Adopted on the _________day of ___________ 2020 at the Council’s Board Meeting.
_____________________________________
Chair, Southwest Florida Regional Planning Council
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