Agenda 03/25/2025 Item #10B (Approve payment to the Southwest Florida Regional Planning Council, effective October 1, 2024, at a rate of $0.15 per capita)3/25/2025
Item # 10.B
ID# 2025-1054
Executive Summary
Recommendation to approve payment to the Southwest Florida Regional Planning Council, effective October 1, 2024, at
a rate of $0.15 per capita, in accordance with the Replacement Interlocal Agreement approved by the Board (Item 10A)
on September 24, 2024, and authorize any necessary Budget Amendments.
OBJECTIVE: To approve payment to the SWFRPC at the per capita rate established in the Replacement Interlocal
Agreement and authorize any required Budget Amendments.
CONSIDERATIONS: Regional Planning Councils (RPCs) support local governments by addressing regional
challenges, engaging in area-wide planning, administering federal and state grants, providing technical assistance,
conducting research, and facilitating collaboration across multiple programs. Their services include transportation
planning, economic development, emergency preparedness, ecological services, dispute resolution, and event
coordination.
The SWFRPC (Regional District 9) was established in 1973 through an interlocal agreement among Charlotte, Collier,
Glades, Hendry, Lee, and Sarasota Counties. As directed by Florida Statutes, the agency is governed by a 36-member
council comprising:
• 25 county and municipal elected officials,
• 7 gubernatorial appointees, and
• 4 ex-officio (non-voting) members representing the Florida Department of Transportation, Florida
Department of Environmental Protection, and water management districts.
In 1993, legislative changes removed the Development of Regional Impact (DRI) appeal authority, reducing RPC
recommendations to an advisory role. In 2015, further legislation eliminated the state-coordinated review requirement
for DRIs, limiting RPC oversight.
To align the Interlocal Agreement with current Florida Statutes, the Board approved a Replacement Interlocal
Agreement and updated By-Laws on September 24, 2024. This agreement reduces the per capita contribution from
$0.30 to $0.15 per resident.
Under the Replacement Interlocal Agreement, the FY 25 SWFRPC contribution is a rate set at $0.15 per capita, totaling
$57,026.10 based on a population of 380,174, payable in four quarterly installments. Invoices for Q1 and Q2 were
issued at the previous $0.30 per capita rate; however, a January 30, 2025, email from the SWFRPC Deputy Director
confirms that payments should reflect the updated $0.15 per capita rate. Accordingly, payment to SWFRPC is requested
at $0.15 per capita, in line with the revised agreement.
FISCAL IMPACT: Consistent with the Replacement Interlocal Agreement, the requested SWFRPC payment will be
based on a rate of $0.15 per capita. For FY 25, the applicable population is 380,174, resulting in a total contribution of
$57,026.10, payable in four equal installments of $14,256.53. A budget amendment will be required to reallocate funds
within the General Fund from General Administration cost center 103010 to SWFRPC cost center 138120.
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. Note that on February 25, 2020, on motion by Commissioner McDaniel, the
Board moved to deny payment to the RPC. On September 24, 2024, the Board approved a Replacement Interlocal
Agreement, which expressly states that it shall be “effective between and among those parties signatory hereto; and that
the validity, force and effect to their agreement shall not be affected by one or more parties named herein not joining in
this agreement…” -JAK
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3/25/2025
Item # 10.B
ID# 2025-1054
RECOMMENDATIONS: To approve payment to the Southwest Florida Regional Planning Council, effective October
1, 2024, at a rate of $0.15 per capita, in accordance with the Replacement Interlocal Agreement approved by the Board
(Item 10A) on September 24, 2024, and authorize any necessary Budget Amendments.
PREPARED BY: William L. McDaniel, Jr., Commissioner District 5
ATTACHMENTS:
1. E mail SWFRPC 2-7-25
2. SWFRPC Invoice 1715 10-1-24
3. SWFRPC Invoice 1716 1-1-25
4. Replacement Interlocal 09_24_2024 Item #10A wChair Sig
5. Budget Amendment Form -0001 SWFRPC
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REPLACEMENT INTERLOCAL
CREATING
THE
SOUTHWEST FLORIDA REGIONAL COUNCIL '
EFFECTIVE XXXX, XXXX
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AMENDED AND RESTATED
INTERLOCAL AGREEMENT
CREATING THE SOUTHWEST FLORIDA
REGIONAL COUNCIL
THIS AMENDED AND RESTATED AGREEMENT, made and entered into this day of
pursuant to authority of Section 163.01, Florida Statutes, by and between:
CHARLOTTE COUNTY
COLLIER COUNTY
GLADES COUNTY
HENDRY COUNTY
LEE COUNTY
and
SARASOTA COUNTY
WITNESSETH:
WHEREAS, The Florida Interlocal Cooperation Act of 1969, Section 163.01 et
seq., Florida Statutes, permits local government units to make the most efficient use of
their powers by enabling them to cooperate with other localities on the basis of mutual
advantage and thereby to provide services and facilities in a manner and pursuant to
forms of governmental organization that will accord best with geographic, economic,
population, and other factors influencing the needs and development of local
communities; and
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WHEREAS, this Agreement replaces the Interlocal Agreement entered on
November 8, 1973, as amended June 6, 1974, as amended June 27, 1974, as amended
February 5, 1976, and as amended October 28, 1980 by and among the parties to this
agreement pursuant to which the Southwest Florida Regional Planning Council was
originally created; and
WHEREAS, the Florida Regional Planning Council Act, Section 186.501, Florida
Statutes, mandates the creation of a Regional Planning Council in each of the several
comprehensive planning districts of the state; and,
WHEREAS, Section 186.512(1)(h), Florida Statutes, and the Executive Office of
the Governor have designated that the Southwest Florida Regional Planning Council and
Comprehensive Planning District IX shall be comprised of the counties of Charlotte,
Collier, Glades, Hendry, Lee and Sarasota; and
WHEREAS, the declared purpose of the Florida Regional Planning Council Act is
to establish a common system of regional planning councils for areawide coordination
and related cooperative activities of federal, state and local governments and ensure a
broad-based regional organization that can provide a truly regional perspective
enhancing the ability and opportunity of local governments to resolve issues and
problems transcending their individual boundaries; and
WHEREAS, it is the desire of the parties hereto to establish a regional council to
serve in an advisory capacity to the constituent local governments and
WHEREAS, the parties hereto desire to make the most efficient use of their
powers to cooperate for mutual advantage in conducting the regional planning process
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and for providing coordination and cooperation within the Southwest Florida region;
and,
WHEREAS, the Community Planning Act, Chapter 163, Part II Florida Statutes
assigns to regional planning agencies the responsibility to determine the relationship
and effect of a local government's plan or element thereof to or on the strategic
regional policy plan and extra jurisdictional impacts; and,
WHEREAS, Governor's Executive Orders 83-150 and Presidential Executive Order
82-12372, designates the comprehensive regional planning agencies as areawide
clearinghouses responsible for review and coordination regarding certain Federal
programs; and,
WHEREAS, Regional Planning Councils are statutorily assigned various duties and
responsibilities in Chapter 129, 163, 186, 258, 260, 288, 339, 380, 403, 420 and 1013,
Florida Statutes and other applicable federal, state and local laws.
NOW, THEREFORE, for and in consideration of mutual promises, covenants,
benefits to accrue from conduct of a regional planning process, and agreements herein
contained and set forth, the member counties to hereby establish, pursuant to the
authority of Section 163.01 and Section 186.501, Florida Statutes, the Southwest Florida
Regional Planning Council located in Comprehensive Planning District IX consisting of
the counties of Charlotte, Collier, Glades, Hendry, Lee and Sarasota, hereinafter referred
to as the Council, a separate legal entity, and do further delegate such powers as are
specified herein and agree as follows:
1.Purpose.
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The purposes of this agreement are:
a) To provide local governments with a means of exercising the rights,
duties and powers of a regional planning council as defined in
Chapter 186, Florida Statutes and other applicable federal, state and
local laws.
b) To provide a means for conducting the regional planning process.
c) To provide regional coordination for local governments in the
Southwest Florida region.
d) To act in an advisory capacity to exchange, interchange, and review
the various programs referred to it which are of regional concern.
e) To promote communication among local governments in the region
and the identification and resolution of common regional-scale
problems.
f) To cooperate with Federal, State, local, and non-governmental
agencies and citizens to ensure the orderly and harmonious
coordination of Federal, State, and local planning and development
programs in order to insure the orderly, and balanced growth and
development of this region, consistent with protection of the natural
resources and environment of the region, and to promote safety,
welfare and to enhance the quality of life of the residents of the
region.
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g) To encourage and promote communications between neighboring
regional planning districts in attempt to ensure compatibility in
development and long-range planning goals.
h) To establish an organization that will promote areawide coordination
and related cooperative activities of federal, state and local
governments, ensuring a broad based-regional organization that can
provide a truly regional perspective and enhance that ability and
opportunity of local governments to resolve issues and problems
transcending their individual boundaries.
i) To establish an organization to carry out the duties, functions and
activities that are to the mutual advantage of one or more of the local
governments within Southwest Florida.
2.Definitions.
a) Appointed Representative —a voting member of the Council.
b) Comprehensive Planning Districts — the geographic areas within the
State specified by the Executive Office of the Governor, and/or by
statute.
c) Strategic Regional Policy Plan — a plan prepared pursuant to Section
186.507 Florida Statutes and containing goals and policies that
address, at a minimum, affordable housing, economic development,
emergency preparedness, natural resources of regional significance
and regional transportation and that may address any other subject
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that relates to the particular needs and circumstances of the
comprehensive planning district as determined by the regional
planning council. Regional plans shall identify and address significant
regional resources and facilities. Regional plans shall be consistent
with the State Comprehensive Plan.
d) Contribution — any monies received by the Council from a member
county or otherwise.
e) Council —the Southwest Florida Regional Planning Council.
f) Elected Official —a member of the governing body of a municipality or
county or a county elected official chosen by the governing body.
g) Federal or Federal Government — the government of the United
States or any department, commission, agency, or other
instrumentalities thereof.
h) Governing body — the Board of County Commissioners or City/Town
Council/Commission of any member county.
i) Local General Purpose Government — any municipality or county
created pursuant to the authority granted under ss. 1 and 2, Article
VIII of the Florida Constitution.
j) Member County — any county within the Southwest Florida
Comprehensive Planning District IX.
k) Municipality — any incorporated municipality located within a
member county.
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I) Principal Member Units — shall be the Charlotte, Collier, Glades,
Hendry, Lee and Sarasota Boards of County Commissioners.
3.Effective Date, Duration, Amendment, Withdrawal, and Termination.
a) The effective creation date of the Council is November 8, 1973.
b) This agreement shall continue in effect until terminated as provided
in Section 3.e.
c) Any amendments to this agreement shall be in writing and set forth
an effective date. To put into effect any amendment, each member
county shall adopt, by a majority vote of its governing body, a
resolution authorizing its chairman or chief elected official to execute
the amendment.
d) Termination may only occur concurrent with a subsequent Interlocal
Agreement being adopted due to the requirement of Section
186.512(1)(h), Florida Statutes, and the Executive Office of the
Governor's designation of Southwest Florida Regional Planning
Council and Comprehensive Planning District IX shall be comprised of
the counties of Charlotte, Collier, Glades, Hendry, Lee and Sarasota.
e) In the case of a complete termination of this agreement, the non-
Federal matching contribution required to match any approved
Federal or State grant shall be firm. The project shall be completed,
and the required reports and accounting shall be completed.
4. Membership, Voting and Term.
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a) Membership of the Council shall be provided pursuant to 186.504 Florida
Statutes, as amended from time to time.
b) A regional planning council shall be created in each of the several
comprehensive planning districts of the state. Only one agency shall exercise
the responsibilities granted herein within the geographic boundaries of any
one comprehensive planning district.
c) Membership on the regional planning council shall be as follows:
1) Representatives appointed by each of the member counties in the
geographic area covered by the regional planning council.
1.1) There shall be two elected officials appointed from each of the
member counties.
2) Representatives from other member local general-purpose
governments in the geographic area covered by the regional planning
council.
2.1) Each county shall decide which of cities, towns and or villages will be
voting members of the regional planning council.
3) Representatives appointed by the Governor from the geographic area
covered by the regional planning council, including an elected school board
member from the geographic area covered by the regional planning council,
to be nominated by the Florida School Board Association.
4) Not less than two-thirds of the representatives serving as voting
members on the governing bodies of such regional planning councils shall be
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elected officials of local general-purpose governments chosen by the cities
and counties of the region, provided each county shall have at least one vote.
5) The remaining one-third of the voting members on the governing board
shall be appointed by the Governor, to include one elected school board
member, subject to confirmation by the Senate, and shall reside in the
region. No two appointees of the Governor shall have their places of
residence in the same county until each county within the region is
represented by a Governor's appointee to the governing board.
6) Nothing contained in this section shall deny to local governing bodies or
the Governor the option of appointing either locally elected officials or lay
citizens provided at least two-thirds of the governing body of the regional
planning council is composed of locally elected officials.
7) In addition to voting members appointed pursuant to paragraph (2)(c),
the Governor shall appoint the following ex officio nonvoting members to
each regional planning council:
i) A representative of the Department of Transportation.
ii) A representative of the Department of Environmental Protection.
iii) A representative nominated by the Department of Economic
Opportunity.
iv) A representative of the appropriate water management district or
districts.
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8) The Governor may also appoint ex officio nonvoting members
representing appropriate metropolitan planning organizations and regional
water supply authorities.
d) Nothing contained in this act shall be construed to mandate municipal
government membership or participation in a regional planning council.
However, each county shall be a member of the regional planning council
created within the comprehensive planning district encompassing the
county.
e) The existing regional planning council in each of the several comprehensive
planning districts shall be designated as the regional planning council
specified under subsections (1)-(5), provided the council agrees to meet the
membership criteria specified therein and is a regional planning council
organized under either s. 163.01 or s. 163.02 or ss. 186.501-186.515.
f) The names of all the appointed representatives shall be recorded in the
Council minutes.
i. Each Board Member shall have an equal vote, which shall be one
1) vote for each Board Member. The basic term of office for
appointed representatives of the Council shall be set by the
respective appointing authority. All representatives shall serve
until a replacement is appointed by the appropriate appointing
authority or until written resignation is received by the Council.
5. Officers.
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The officers of the Council shall consist of:
a) A Chairman, who shall be responsible for overseeing the working
organization of the Council, for seeing that all policies of the
Council are carried out, and for presiding over all Council meeting.
The Chairman or a designated representative shall be ex officio
member of all subsidiary committees and boards.
b) A Vice-Chairman who shall preside in the Chairman's_absence or
inability to act. The Vice-Chairman shall perform such other
functions as the Council may from time to time assign.
c) A Secretary, who shall be responsible for correspondence of the
Council, approve minutes of the meetings, be custodian of the
records, keep the roll of all members and discharge other duties
as may be assigned by the Chairman or the members
d) A Treasurer, who shall supervise the financial affairs of the Council
and perform such other duties as may be assigned.
e) The officers shall be elected at the annual meeting of the Regional
Planning Council and shall hold office for a term of one (1) year or
until their respective successor(s) are elected and qualified.
f) An Executive Committee, consisting of the Chairman, immediate
past Chairman, Vice Chairman, Secretary, Treasurer shall be
established to act for the Council when necessary to meet any
emergency or to deal with any matters when it would be
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impossible or inconvenient to convene a meeting of the full
Council.
6. Meetings.
a) The annual election of officers shall occur in a timely manner, so
the terms of officers may commence with their installation at the
January meeting.
b) Regular meetings shall be held on the days and times established
by the Council.
c) Special meetings shall be called by the Chairman either at his/her
discretion or when she/he is requested by at least three (3)
appointed representatives, none of which may be from the same
member county; provided adequate notice shall be given to all
appointed representatives stating the date, hour and place of the
meeting and the purpose for which such meeting is called, and no
other business shall be transacted at that meeting.
d) The place and time of each meeting shall be determined by the
membership prior to the adjournment of the previous meeting. In
the absence of such determination, the time and place of the
meeting(s) shall be determined by the Chairman.
e) All meetings of the Council shall be open to the public.
f) A quorum at any meeting shall consist of at least one-half of all
voting members. When a quorum has been established, a
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majority of those present and voting may take action on all
matters presented at the meeting. Each member shall vote on
each question presented to the Council except in the event he
disqualifies himself. Proxy voting is prohibited.
g) The Secretary or his/her designee shall keep minutes of each
meeting and distribute a copy thereof to each member county.
7. Finances.
a) The work year and fiscal year of the Council shall be twelve (12)
months beginning the first day of October and ending the thirtieth
day of September.
b) On or before August 15th of each year, the Council shall adopt an
annual budget and certify a copy thereof to the Clerk or authorized
recipient of the governing body of each member county. Each
member county shall include in its annual budget and provide to the
Council funds in an amount sufficient to fund its proportionate share
of the Council's adopted budget, which bears the same ratio to the
total budget as the population of each member unit bears to the total
population of the region, all as determined annually by official
population forecasts by the state of Florida for the year preceding
each budget determination.
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i. Each municipal government having a voting seat on the
Council shall provide its proportionate share of funds based on
population.
ii. Each member county shall pay the full assessment to the
regional planning council. Each County will collect the
proportionate share of assessments for cities, towns and
villages within each county that are voting members of the
regional planning council.
c) Contributions for each fiscal year shall be payable in four equal
installments. Payments shall be made within thirty (30) days from
receipt of invoicing. The contribution of each member county shall be
fifteen cents (15 cents) per capita of the population of the member
county according to the most recent available determination under
Section 186.901 Florida Statutes.
d) Each member county who does not remit the contribution amounts in
accordance with Section 7(c) above shall lose all voting privileges until
payment is made.
8. Powers
The Council shall have the right to receive and accept in furtherance of its
function; gifts, grants, assistance funds, bequeaths, and services from
Federal, State and local governments or their agencies and from private
and community sources, and to expend therefrom such sums of money
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as shall be deemed necessary from time to time for the attainment of its
objectives in accordance with all applicable laws. Pursuant to Chapter
186.505 F.S. the Council shall have all powers granted herein including:
a) To adopt rules of procedure for the regulation of its affairs and
the conduct of its business and to appoint from among its
members a chair to serve annually; however, such chair may be
subject to reelection.
b) To adopt an official name and seal.
c) To maintain an office at such place or places within the
comprehensive planning district as it may designate.
d) To employ and to compensate such personnel, consultants, and
technical and professional assistants as it deems necessary to
exercise the powers and perform the duties set forth in this act.
e) To make and enter into all contracts and agreements necessary or
incidental to the performance of its duties and the execution of its
powers under this act.
f) To hold public hearings and sponsor public forums in any part of
the regional area whenever the council deems it necessary or
useful in the execution of its other functions.
g) To sue and be sued in its own name.
h) To accept and receive, in furtherance of its functions, funds,
grants, and services from the Federal Government or its agencies;
from departments, agencies, and instrumentalities of state,
municipal, or local government; or from private or civic sources.
Each regional planning council shall render an accounting of the
receipt and disbursement of all funds received by it, pursuant to
the federal Older Americans Act, to the Legislature no later than
March 1 of each year.
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i) To receive and expend such sums of money as shall be from time
to time appropriated for its use by any county or municipality
when approved by the council and to act as an agency to receive
and expend federal funds for planning.
j) To act in an advisory capacity to the constituent local
governments in regional, metropolitan, county, and municipal
planning matters.
k) To cooperate, in the exercise of its planning functions, with
federal and state agencies in planning for emergency
management as defined in s. 252.34.
I) To fix and collect membership dues, rents, or fees when
appropriate.
m)To acquire, own, hold in custody, operate, maintain, lease, or sell
real or personal property.
n) To dispose of any property acquired through the execution of an
interlocal agreement under s. 163.01.
o) To accept gifts, grants, assistance, funds, or bequests.
p) To conduct studies of the resources of the region.
q) To participate with other governmental agencies, educational
institutions, and private organizations in the coordination or
conduct of its activities.
r) To select and appoint such advisory bodies as the council may find
appropriate for the conduct of its activities.
s) To enter into contracts to provide, at cost, such services related to
its responsibilities as may be requested by local governments
within the region and which the council finds feasible to perform.
t) To provide technical assistance to local governments on growth
management matters.
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u) To perform a coordinating function among other regional entities
relating to preparation and assurance of regular review of the
strategic regional policy plan, with the entities to be coordinated
determined by the topics addressed in the strategic regional
policy plan.
v) To coordinate land development and transportation policies in a
manner that fosters regionwide transportation systems.
w)To review plans of independent transportation authorities and
metropolitan planning organizations to identify inconsistencies
between those agencies' plans and applicable local government
plans.
x) To use personnel, consultants, or technical or professional
assistants of the council to help local governments within the
geographic area covered by the council conduct economic
development activities.
y) To provide consulting services to a private developer or
landowner for a project, if not serving in a review capacity in the
future, except that statutorily mandated services may be provided
by the regional planning council regardless of its review role.
9. Rules of Procedure
See attached Replacement By-laws
10. Immunity
All of the privileges and immunities from liability and exemptions from
laws, ordinance and rules which apply to the activity of the officials,
officers, agents or employees of the members shall apply to the officials,
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officers, agents of employees of the Council when performing their
respective functions and duties under the provisions of this Agreement.
11. Limited Liability
Except as provided in Section 3(e) and Section 7 herein, no member shall
in any manner be obligated to pay any debts, obligations or liabilities
arising as a result of any actions of the Council, the representatives of any
other agents, employees, officers or officials of the Council to have any
authority or power to otherwise obligate the members in any manner.
12. Severability.
If any provision of this agreement or the application of such provisions to
any person or circumstance shall be invalid, such invalidity shall not affect
other provisions or applications of this agreement which can be given
effect without invalid provisions or applications, and to this end the
provisions of this agreement are declared severable.
13. Signatories.
It is expressly understood that the terms and conditions of this
agreement shall be effective between and among those parties signatory
hereto; and that the validity, force and effect to their agreement shall not
be affected by one or more of the parties named herein not joining in this
agreement any other provisions of this agreement to the contrary
notwithstanding.
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IN THE WITNESS WHEREOF, the parties have officially adopted and
caused this amended and restated agreement to be executed and their
signature to be affixed by their respective Chairman or Chief Elected
Official as of the day and year first above written.
Execution of parties follows on next page.
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CHARLOTTE COUNTY, FLORIDA
BY ITS BOARD OF COUNTY COMMISIONERS
Chairman
COLLIER COUNTY, FLORIDA ATTEST ,.: '
BY ITS BOARD OF COUNTY COMMISIONERS CRY'STAPIK. i'' %a' ,CLERK
BY: 1 fr 4
MI hi
Attt. as to Chairman's
Chris Hekudiakhairman signature only
Date: f /2^a y aoa ' Approv a toi firm and I ality:
GLADES COUNTY, FLORIDA
I A
BY ITS BOARD OF COUNTY COMMISIONERS
Jeffrey 1. Kl kow, County Attorney
Chairman
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HENDRY COUNTY, FLORIDA
BY ITS BOARD OF COUNTY COMMISIONERS
Chairman
LEE COUNTY, FLORIDA
BY IT'S BOARD OF COUNTY COMMISIONERS
Chairman
SARASOTA COUNTY, FLORIDA
BY ITS BOARD OF COUNTY COMMISIONERS
Chairman
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asEST F(O
OJ 9/09
REPLACEMENT
f
BYLAWS m tiq r
of the
cs °ANN'N
1°
SLFS • REM-SO
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
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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
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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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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 federal 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 members 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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