Backup Documents 10/13/2015 Item #16D 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT I 1:12
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SI 1 O
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 1+31\cj
4. BCC Office Board of County \ %-;‘
Commissioners vis '/ \c5V:::\\\<-
5. Minutes and Records Clerk of Court's Office
.-VcY\ to(tq SIS 3:46 ffn
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 Phone Number
Contact/ Department Melissa ennig/Parks and Recreation 252-2957
Agenda Date Item was October 13,2015 Agenda Item Number 16.D.2.
Approved by the BCC
Type of Document Youth Hunt Memorandum of Agreement Number of Original 2
Attached Documents Attached
PO number or account
number if document is N/A
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? SA.Thetop U
2. Does the document need to be sent to another agency for additional signatures'? If yes,
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. V \,e3.oL
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
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 N/A
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
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's ^ �
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
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 to hjand all changes made during the
meeting have been incorporated in the attach document The County Attorney's Ok55
Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for th# �a
Chairman's signature.
r\Ca�S� C Co,�c C'\e \Se W— \vim \c=x„‘
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
1602
MEMORANDUM
Date: October 20, 2015
To: Melissa Hennig, Senior Environmental Specialist
Conservation Collier Program/Parks & Recreation
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Memorandum(s) of Agreement with Florida Fish and Wildlife
Conservation Commission that allow youth hunts at the Pepper
Ranch Preserve in January and February of 2016
Attached for further processing are two (2) original copies of the Memorandum(s) of
Agreement referenced above, (Item #16D2) approved by the Board of County
Commissioners on Tuesday, October 13, 2015.
After the memorandums are forwarded to U.S. Fish and Wildlife staff for signature
and have subsequently been returned, please return one of the fully executed
original copies to the Minutes and Records Department where it will be kept in
the Board's Official Records.
If you have any questions, please feel free to contact me at 252-8406.
Thank you
Attachments (2)
1602
Co er County
Memorandum
Date: November 25, 2015
To: Ann Jennejohn, Deputy Clerk, Minutes & Records Department
From: Melissa Hennig, Senior Environmental Specialist, Parks and Recreation Division
Re: Memorandum of Agreement with Florida Fish and Wildlife Conservation
Commissioner that allows youth hunts at Pepper Ranch Preserve in January and
February of 2016
Attached for your records is a fully executed original copy of the Memorandum of
Agreement referenced above, (Item#16D) approved by the Board of County
Commissioners on Tuesday, October 13, 2015.
If you have any questions, please feel free to contact me at 252-2957.
Thank you.
Attachment
Parks and Recreation Department
Public Services Division
1602
FWC Youth Hunt Agreement No. 15137
MEMORANDUM OF AGREEMENT
BETWEEN
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY o/b/o Collier County
AND
FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
THIS AGREEMENT (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
Collier County, whose address is 3299 Tamiami Trail, East, Naples, FL 34112, is hereafter
"LANDOWNER."
NOW THEREFORE, the COMMISSION and the LANDOWNER, for the considerations
hereafter set forth, agree as follows:
1. TERM: The term of this 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: Hog January 15-17, 2016
Hunt 2: Turkey February 26-28, 2016
2. ACREAGE: The land subject to this Agreement, generally known as Pepper Ranch
Preserve is approximately 3,000 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 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
Page 1 of 5
1602
FWC Youth Hunt Agreement No. 15137
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 days before the scheduled hunt(s)to prepare for the hunt(s)
and 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 Fla. Stat. § 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
treestands, 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. LIABILITY: To the extent provided by, and subject to the limitations and conditions
specified in s. 768.28, F.S., 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 of that the
COMMISSION may enjoy in accordance with s. 768.28, F.S., 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 s. 375.251, F.S., or any other law providing
limitations on claims against the LANDOWNER.
COMMISSION agrees to provide the attached written notice of FS 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 FS 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 FS 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 LANDOWNERS rights under FS 375.251.
9. TERMINATION: Either party may terminate this Agreement by giving written notice to
Page 2 of 5
1602
FWC Youth Hunt Agreement No. 15137
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.
10. 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
Board of County Commissioners Diane Roth Eggeman
Of Collier County Florida Fish and Wildlife Conservation Commission
3299 Tamiami Trail, East 620 South Meridian Street
Naples, FL 34112 Tallahassee, FL 32399-1600
11. 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.
12. CANCELLATION UNDER CHAPTER 119, FLORIDA STATUTES: 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
Chapter 119, Florida Statutes, and made or received by the LANDOWNER in conjunction with
this Agreement.
13. 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 Chapter 119, Florida Statutes.
14. 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.
15. PROHIBITION OF DISCRIMINATORY VENDORS: In accordance with Section
287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory
vendor list may not submit a bid, proposal, or reply on a agreement to provide any goods or
services to a public entity; may not submit a bid, proposal or reply on a 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.
16. 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.
Page3of5
1602 2
FWC Youth Hunt Agreement No. 15137
17. 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.
18. 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.
19. 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.
Page 4 of 5
1602
FWC Youth Hunt Agreement No. 15137
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
Com ission
- /
61 v Witness Diane Roth Eggeman, Dirk:r
Division of Hunting and Game Management
Witness` Date: / (//(01/5"---
LANDOWNER
ATTEST:
DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
b,-. a.u,t4
D ;uty Clerk
t / eAke..e....
`: Chairman'S Tim Nance, Chairman
Approved as N.'. apelittspity
CA + -�—_�. Date: \4A\��1S
Jenni er A. Belpedi �'7
Assistant County At ney
o%�
Page 5of5
(C
16 02
EXHIBIT A
1602
tU�NTIG FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION z
j 1, YOUTH HUNT ANNOUNCEMENT FORM (Attachment A) _ - -'F
4
'
�4 A
q IOn �Ge,
DETAILS OF YOUTH HUNT
Name of Ranch/Hunting Club: Date of Youth Hunt: Emergency Phone#During Youth Hunt:
Collier County Pepper Ranch Preserve January 15-17, 2016 239-289-2934
Location of Youth Hunt(Nearby City/Town and County):
Immokalee / Collier County
Landowner Contact Information(Name,Address,Street) State Zip
Melissa Hennig, 15000 Livingston Road, Naples FL 34109
Huntmaster(s):
Wayne Jenkins
Huntmaster Phone(please include area codes)
239-455-8109 Evening 239-455-8109 Cell 239-580-8094
Hunt Information
Type of Hunt(deer,varmint,hogs,turkey,etc.)
Hog
Number of youth hunters:
6 -*Participation is limited to full-time and part-time residents of Collier County unless hunt is not full*
Number of youth hunters landowner will supply: Will hunters be camping?
6 - *COLLIER COUNTY YOUTH ONLY* Yes
Will you need equipment and/or supplies from Are there cooking facilities available? IN Yes ❑ No
Tallahassee office? ❑ Yes II No If yes,please describe: Oven and stove inside lodge
If yes,please describe:
Will you need food or help making food Additional comments:
arrangements? ❑ Yes • No County owned property-volunteers provided by County
Huntmaster is responsible for all food Contact: Melissa H. melissahennigCa�colliergov.net
arrangements. 239-252-2957
*per Collier County's request
Youth Hunting Program of Florida
c/o Florida Fish and Wildlife Conservation Commission
620 South Meridian Street
Tallahassee,FL 32399-1600
(850)413-0084(850)413-7989(fax)
MyFWC.com
s:lmydocumentslworkfilelformslyhpf Rev.10/05/05
1602
FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION ,,
0 l YOUTH HUNT ANNOUNCEMENT FORM (Attachment A)
s
DETAILS OF YOUTH HUNT
Name of Ranch/Hunting Club: Date of Youth Hunt: Emergency Phone#During Youth Hunt:
Collier County Pepper Ranch Preserve February 26-28, 2016 239-289-2934
Location of Youth Hunt(Nearby City/Town and County):
Immokalee I Collier County
Landowner Contact Information(Name,Address,Street) State Zip
Melissa Hennig, 15000 Livingston Road, Naples FL 34109
Huntmaster(s):
Wayne Jenkins
Huntmaster Phone(please include area codes)
239-455-8109 Evening 239-455-8109 Cell 239-580-8094
Hunt Information
Type of Hunt(deer,varmint,hogs,turkey,etc.)
Turkey
Number of youth hunters:
5 -*Participation is limited to full-time and part-time residents of Collier County unless hunt is not full*
Number of youth hunters landowner will supply: Will hunters be camping?
5 - *COLLIER COUNTY YOUTH ONLY* Yes
Will you need equipment and/or supplies from Are there cooking facilities available? • Yes ❑ No
Tallahassee office? ❑ Yes II No If yes,please describe: Oven and stove inside lodge
If yes,please describe:
Will you need food or help making food Additional comments:
arrangements? ❑ Yes II No County owned property-volunteers provided by County
Huntmaster is responsible for all food Contact: Melissa H. melissahennig(acolliergov.net
arrangements. 239-252-2957
*per Collier County's request
Youth Hunting Program of Florida
do Florida Fish and Wildlife Conservation Commission
620 South Meridian Street
Tallahassee, FL 32399-1600
(850)413-0084(850)413-7989(fax)
MyFWC.com
s:Imydocumentslxorkfilelformslyhpf Rev.10/05/05
16D2
EXHIBIT B
1602
Pepper Ranch Preserve Legal Description
Property Tax Identification Number: 00052360002
A parcel of land lying in the East Half (E 1/2) of the East Half (E%) of the Southwest
Quarter (SW1%) of the Southeast Quarter (SEA) of Section 22. Township 46 South.
Range 28 East. Collier County, Florida, being more particularly described as follows:
Commence at the Southeast corner of Section 22, Township 46 South,
Range 28 East, Collier County, Florida; thence run S 88`57'47' W, along
the south line of the Southeast Quarter (SEA) of said Section 22 for a
distance of 1320.38 feet to the Point of Beginning of the parcel of land
herein described: thence continue S 88°57'47" W. along the south line of
the Southeast Quarter (SEA) of said Section 22, for a distance of 330.09
feet; thence run N 00`31'18" W for a distance of 1342.51 feet; thence run
N 88°58'31' E for a distance of 330.12 feet: thence run S 00"31'14" E, for
a distance of 1342.44 feet to the Point of Beginning: containing 10.17
acres, more or less.
AND
Property Tax Identification Number: 00052440003
A parcel of land lying in the Southeast Quarter (SEiA) of the Southwest Quarter (SW `A)
and ':he West Half (W1/2) of the Southwest Quarter (SW%) of the Southeast Quarter
(SE'/4) of Section 22, Township 46 South, Range 28 East, Collier County, Florida, being
more particularly described as follows:
Commence at the Southeast corner of Section 22, Township 46 South,
Range 28 East, Collier County, Florida; thence run S 8&57'47" W. along
the south line of the Southeast Quarter (SEA) of said Section 22 for a
distance of 1980.56 to the Point of Beginning of the parcel of land herein
descnbed; thence continue S 88°57'47" W. along the south line of the
Southeast Quarter (SE' ) of said Section 22, for a distance of 660.19 feet
to the South Quarter corner of said Section 22; thence run S 88'57'47" W
along the south line of the southwest quarter of said Section 22. for a
distance of 1321.80 feet; thence run N 00°38'44" W for a distance of
1342.51 feet; thence run N 88°59'17'° E, for a distance of 1324.63 feet:
thence run N 88°59'31" E. for a distance of 660.24 feet: thence run S
00`'31'22" E for a distance of 1342.58 feet to the Point of Beginning:
containing 61.13 acres. more or less.
1602
AND
Property Tax Identification Number: 00052680000
The Southeast Quarter (8E%) of the Southwest Quarter (SVV%) of Section 28,
Township 46 South, Range 28 East, Collier County, Florida: containing 40.38 acres
more or less.
AND
Property Tax Identification Number: 00053000002
All of Section 28. Township 46 South, Range 28 Eost, Collier County. Florida:
containing 645.47 acres more or less.
AND
Proprty Tax Identification Number: 00053920001
The Northwest Quarter (NVVl4) of the Northeast Quarter (NE%) of the Northwest
Quarter (kJVV1/4) of Section 35, Township 46 Gouth, Range 28 East, Collier County.
Florida; containing 10.09 acres more or less.
AND
Property Tax Identification Number: 00852640007
A parcel of land located in a portion of Section 28. Township 46 8outh, Range 28 East,
Collier County. Florida, being more particularly described as follows:
The West Half (W1/2) of Section 26. Township 46 South, Range 28 Eaat,
Collier County, Florida. less the North 1452.35 feet thereof and less the
Southeast Quarter (SE ) of the Southwest Quarter (SW'A) of said Secton
26. and less that parcel of |8nU, as described and recorded in Official
Records Book 2585 at Page 2735 through 2737. owned by South F|or/da
Water Management District with Tax Folio Number 000526400137:
containing 185.91 acres. more or less
AND
Property Tax Identification Number: 00052900004
All of Section 27, Township 46 South, Range 28 East, Collier County. Florida;
containing 643.59 acres more or less.
1602
AND
Property Tax Identification Number: 00053200006
All of Section 33. Township 46 South. Range 28 East, Collier County. Florida;
containing 706.33 acres more or less.
AND
Property Tax Identification Numbers: 00053840000 & 00054040003
The East Half (E1/2) of the East Half (EY) of the Northwest Quarter (NW'/4), and the
Northeast Quarter(NE1/4), less the East 30 feet and the Northerly 30 feet for public road
right-of-way per dedication thereof recorded in Plat Book 12, Page 67 (known as
Pepper Road), Section 35, Township 46 South, Range 28 East, Public Records of
Collier County, Florida, less 2.29 acres in the Northeast Quarter (NEY) described in
Deed recorded in Official Records Book 1834, Page 216; also less the real property
described in Quit Claim Deed recorded in Official Records Book 49, Page 4; and in
Official Records Book 280, Page 480: and in Official Records Book 282. Page 283; and
in Official Records Book 289, Page 910: all of the Public Records of Collier County.
Florida;
AND
The Southwest Quarter (SW'/4) of the Northwest Quarter (NW'/.); and the West Half
(W'h) of the Southeast Quarter (SEY4) of the Northwest Quarter (NW%); and the
Southwest Quarter (SW'/4) of the Northeast Quarter (NE'/) of the Northwest Quarter
(NW1/4):: and the South Half (S1/2) of the Northwest Quarter (NWY) of the Northwest
Quarter (NW'/4); and the Northwest Quarter (NW%) of the Northwest Quarter (NW%) of
the Northwest Quarter(NW'/,); and the West Half (WY/) of the Northeast Quarter(NE1/4)
of the Northwest Quarter (NW%) of the Northwest Quarter (NW'/) of Section 35,
Township 46 South, Range 28 East. Collier County. Florida; containing 208.83 acres.
more or less,
The aforementioned parcels equates to 2,511.90 acres, more or less.
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1602
EXHIBIT C
1602
(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)
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(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.