Agenda 10/13/2015 Item #16D 210/13/2015 16.D.2.
EXECUTIVE SUMMARY
Recommendation to authorize the Chairman to sign a Memorandum of Agreement with the Florida
Fish and Wildlife Conservation Commission to allow youth hunts for Collier County residents at
Pepper Ranch Preserve in January 2016 and February 2016.
OBJECTIVE: To facilitate Florida Fish and Wildlife Conservation Commission (FWC) sponsored
youth hunts at Pepper Ranch Preserve.
CONSIDERATIONS: At its January 12, 2010 meeting, Agenda Item 10D, the Board directed the
County Attorney and County Manager to work with FWC to coordinate a youth hunt program (Youth
Hunt or Program) for Collier County residents at Pepper Ranch Preserve.
This item is to seek Board approval of a Youth Hunt Memorandum of Agreement for youth hunts on the
following dates: January 15 -17, 2016 (hog hunt) and February 26 -28, 2016 (turkey hunt).
By entering into this agreement with FWC, the Board will become a volunteer landowner with the
Program, thereby allowing FWC administered youth hunts for Collier County residents to occur at Pepper
Ranch Preserve. Adult volunteers who have successfully passed a criminal background history, and are
qualified, will plan and facilitate the hunts.
Participants in the Youth Hunting Program of Florida must:
• Be 12 to 17 years old;
• Complete and submit the Youth Hunting Program of Florida Application. (Attached as back -up for
informational purposes);
• Complete the Florida Hunter Safety Program;
• Be accompanied by a parent or guardian;
• Complete a Marksmanship Certification. (Attached as back -up for informational purposes);
• Complete the Unconditional Release of Liability Risks form. (Attached as back -up for informational
purposes);
• Submit a refundable deposit to secure position once selected for a youth hunt to insure all youth
hunting opportunities are utilized.
The Memorandum of Agreement and Unconditional Release of Liability Risks form have been reviewed
by the County's Risk Management Department and are acceptable. The Final Management Plan for
Pepper Ranch Preserve, approved by the Board on June 28, 2011, Agenda Item 16E6, includes youth
hunts as an allowed activity.
FWC has previously administered youth hunts where hunting was limited to county residents. FWC
advises that such limitation often results in the youth hunt not being full. As such, FWC will first accept
youths that are Collier County residents, and, if the hunt is not full, it will open the hunt up to non - Collier
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County residents. Such residency guidelines are referenced in Exhibit A of the Youth Hunt Memorandum
of Agreement.
Staff is recommending that the Board Chairman sign the Youth Hunt Memorandum of Agreement prior to
FWC, because it is FWC policy to sign all Youth Hunt Memorandums of Agreement after the Landowner
has signed.
FISCAL IMPACT: There is no fiscal impact associated with this item.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
item.
LEGAL CONSIDERATIONS: The Agreement was derived from the FWC standard form agreement.
This item is approved for form and legality and requires a majority vote for Board approval. —JAB
RECOMMENDATION: That the Board of County Commissioners approves and authorizes the
Chairman to sign a Memorandum of Agreement to allow Youth Hunts for Collier County residents at
Pepper Ranch Preserve in January 2016 and February 2016.
Prepared By: Melissa Hennig, Senior Environmental Specialist, Parks and Recreation Division
Attachments: 1) FWC Youth Hunt Memorandum of Agreement
2) Youth Hunting Program of Florida Application
3) Marksmanship Certification form
4) Unconditional Release of Liability Risks form
/'"*'_1
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.2.
Item Summary: Recommendation to authorize the Chairman to sign a Memorandum of
Agreement with the Florida Fish and Wildlife Conservation Commission to allow youth hunts for
Collier County residents at Pepper Ranch Preserve in January 2016 and February 2016.
Meeting Date: 10/13/2015
Prepared By
Name: BetancurNatali
Title: Operations Analyst, Public Services Department
9/2/2015 11:48:53 AM
Submitted by
Title: Environmental Specialist, Senior, Public Services Department
Name: HennigMelissa
9/2/2015 11:48:55 AM
Approved By
Name: WalkerJeff
Title: Division Director - Risk Management, Administrative Services Department
Date: 9/3/2015 11:20:03 AM
Name: HennigMelissa
Title: Environmental Specialist, Senior, Public Services Department
Date: 9/3/2015 11:48:38 AM
Name: WashburnIlonka
Title: Manager - Park Operations, Public Services Department
Date: 9/3/2015 12:07:40 PM
Name: WilliamsBarry
Title: Division Director - Parks & Recreation, Public Services Department
Date: 9/7/2015 3:23:51 PM
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10/13/2015 16.D.2.
Name: TownsendAmanda
Title: Division Director - Operations Support, Public Services Department
Date: 9/15/2015 4:01:40 PM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 9/16/2015 9:47:18 AM
Name: CarnellSteve
Title: Department Head - Public Services, Public Services Department
Date: 9/22/2015 2:17:44 PM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 9/22/2015 3:13:08 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/23/2015 11:20:22 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 9/29 /2015 3:39:53 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 10/1/2015 11:43:41 AM
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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
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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 _9,_ 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
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FWC Youth Hunt Agreement No. 15137
the other nartv soecifvina the termination date, by certified mail, return receipt requested, at
10/13/2015 16.D.1.
not feasible, this parcel is along the buffer edge of the project and could contain a
seasonal trail. A raised boardwalk would be the best public access opportunity, however,
this will not be considered until sometime well into the future of the project when more
parcels are acquired. Nature photography and bird watching from roadways are two
activities that can occur at present. After consideration of risks and liability, it may be
possible to allow school children to visit specific parcels as part of an educational
program about wetlands. Currently, the two roads (37th and 39th Streets NE) provide
paved access to the project area but the only parking is the road right -of -way. At present,
a visitor parking area is not necessary but could be constructed in the future if a nearby
upland lot were acquired. An educational kiosk can be placed along one of the roads
through the project containing information on wetlands and on the preservation of the
area. Signs can be placed at boundaries along 37th and 39th St. NE. Minimal
management activities, like trash removal can be accomplished using both contracted and
volunteer labor.
10/13/2015 16. D.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.
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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.
Witness
Witness
ATTEST:
DWIGHT E. BROCK, CLERK
Florida Fish and Wildlife Conservation
Commission
Diane Roth Eggeman, Director
Division of Hunting and Game Management
Date:
LANDOWNER
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
Deputy Clerk
Approved as to form and legality;
Jennifer A. Belpedio
Assistant County Attorney >
'C-j 0��
Tim Nance, Chairman
Date:
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WOai:3NV_1
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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? M Yes ❑ No
Tallahassee office? ❑ Yes N 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. melissahennig(&- 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
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s :lmydocumentslvwrAftlelformslyhpf Rev. 10105105
10/13/2015 16.D.2.
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 / 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? 0 Yes ❑ No
Tallahassee office? ❑ Yes N 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 N No
Huntmaster is responsible for all food
County owned property - volunteers provided by County
Contact: Melissa H. melissahennig(aD-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: YmydocumentslworkfilelformsVyhpf Rev. 10105105
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EXHIBIT B
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Pepper Ranch Preserve Legal Description
Property Tax Identification Number: 00052360002
A parcel of land lying in the East Half (E' /z) of the East Half (E' /2) of the Southwest
Quarter (SW' /) of the Southeast Quarter (SEY) of Section 22, Township 46 South.
Range 28 East, Collier County, Florida, being more particularly described as follows:
Commence at the Southeast comer of Section 22, Township 46 South,
Range 28 East, Collier County, Florida; thence run S 88 057'47" W, along
the south line of the Southeast Quarter (SE' /4) 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 (SE' /A) of said Section 22, for a distance of 330.09
feet; thence run N 0003118" W for a distance of 1342.51 feet; thence run
N 88 058'31" 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 (SE' /4) of the Southwest Quarter (SW /4)
and the West Half (W' /2) of the Southwest Quarter (SW' /4) 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 comer of Section 22, Township 46 South,
Range 28 East, Collier County, Florida; thence run S 88`'57'47" 1h', along
the south line of the Southeast Quarter (SE' /4) of said Section 22 for a
distance of 1980.56 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 (SEY4) 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 88 059'17" 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.
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AND
Property Tax Identification Number: 00052680009
The Southeast Quarter (SE' / %) of the Southwest
Township 46 South, Range 28 East, Collier County,
more or less.
AND
Property Tax Identification Number: 00053000002
10/13/2015 16.D.2.
Quarter (SW' /.) of Section 26,
Florida; containing 40.38 acres
All of Section 28, Township 46 South, Range 28 East, Collier County. Florida;
containing 645.47 acres more or less.
AND
Property Tax Identification Number. 00053920001
The Northwest Quarter (NW' /4) of the Northeast Quarter (NE/) of the Northwest
Quarter (NW' /.) of Section 35, Township 46 South, Range 28 East, Collier County,
Florida; containing 10.09 acres more or less.
AND
Property Tax Identification Number: 00052640007
A parcel of land located in a portion of Section 26, Township 46 South, Range 28 East.
Collier County, Florida, being more particularly described as follows:
The West Half (W'/2) of Section 26, Township 46 South, Range 28 East,
Collier County, Florida, less the North 1452.35 feet thereof and less the
Southeast Quarter (SE' /,) of the Southwest Quarter (SW' / %) of said Section
26, and less that parcel of land, as described and recorded in official
Records Book 2585 at Page 2735 through 2737, owned by South Florida
Water Management District with Tax Folio Number 00052640007'.
containing 185.91 acres, more or less.
AND
Property Tax Identification Number: 00052960004
All of Section 27, Township 46 South, Range 28 East, Collier County, Florida:
containing 643.59 acres more or less.
F
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10/13/2015 16.D.2.
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 (E' /z) of the East Half (E' /2) of the Northwest Quarter (NW'/ ); and the
Northeast Quarter (NE' /.), 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' /,) of the Northwest Quarter (NW' /.), and the West Half
(W' /2) of the Southeast Quarter (SE%) of the Northwest Quarter (NW' /); and the
Southwest Quarter (SW' /.) of the Northeast Quarter (NE' /,) of the Northwest Quarter
(NW' /.): and the South Half (S' /2) of the Northwest Quarter (NW' /4) of the Northwest
Quarter (NW' /4); and the Northwest Quarter (NW' /,) of the Northwest Quarter (NW4) of
the Northwest Quarter (NWY,); and the West Half (W' /z) of the Northeast Quarter (NE' /4)
of the Northwest Quarter (NW' /4) of the Northwest Quarter (NW' /4) 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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EXHIBIT C
•Lrs J
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(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.) i
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)
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10/13/2015 16.D.2.
(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.
Packet Page -950-
Y{iitFN HUNTING FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSIP 10/13/2015 16.1
,...Yit C)yfiAM1t ..
Hunter Safety and Public Shooting Ranges Section �r-
/ Youth Hunting Program of Florida
UNCONDITIONAL, RELEASE OF LIABILITY RISKS
I/We have knowingly and willingly entered into a YHPF activity and agree to abide by its rules, terms, provisions and conditions. I /we understand
that if any person displays unsafe, unethical, illegal, or disruptive actions /attitudes or disobeys rules /policies, the entire party may be removed from
the activity in the sole discretion of the Huntmaster, who has absolute authority over the activity. Uwe further understand that most youth hunts
normally end approximately mid -day on Sunday and that participants will not be permitted to leave before then. In the event photographs, slides,
interview or video tapes are made, I /we consent to the release of those images for use by the FWC in support of YHPF.
In consideration for the right to participate in the YHPF activity, I /we unconditionally release, indemnify and hold harmless:
• (Landowner)
• Florida Fish and Wildlife Conservation Commission
• Wildlife Foundation of Florida
• Youth Hunting Program of Florida
• As well as any other organization associated with this youth hunt and all their officers, directors, trustees, employees, volunteers, agents,
individually and collectively ( "released parties ") from and against any and all claims, demands, causes of action and damages, including
attorneys' fees, for personal injury or loss either at or en route to and /or from the YHPF activity, resulting from any accident, incident or
occurrence arising out of, incidental to or in any way resulting from, the YHPF activity whether or not caused by any released party's negligence
or gross negligence. I/We agree that I /we, my /our heirs, successors and assigns will not make any claim or institute any suit against the released
parties. This release is full, final and unconditional, and is given for good and valuable consideration. But for this release, the named child or I
would not be allowed to participate in the YHPF activity. This release is intended, and shall be construed, to exclude the released parties
from any and all liability.
Uwe further acknowledge and understand that no warranty, either expressed or implied, is made by YHPF as to the YHPF activity, or of any roads,
buildings, gates or other improvements, and that dangerous conditions, risks and hazards do exist, including: poisonous snakes, insects and spiders;
blinds and tree stands, whether or not erected by participant(s); erosion and general condition of the land, both on and off roadways or trails, creating
rough, hazardous and dangerous driving and walking conditions; animals both wild and domestic that may be diseased and /or potentially dangerous;
deep water; persons with firearms and knives; and the use of vehicles. I /we am /are aware of these conditions and expressly assume all dangers, risks
and hazards.
I /We give permission to have emergency first -aid administered in the sole discretion of the Huntmaster and to be transported by the most expedient
means of conveyance to the nearest physician, hospital, or clinic and to receive such treatment as medically prescribed by physician(s).
I /we acknowledge and understand that this release applies to all my family members serving as YHPF participants and volunteers. As used in this
release, the terms I, my person and myself applies regardless of the nature of my involvement with the YHPF, and whether or not I attend any YHPF
activity, accompany a minor child, serve as a volunteer, or otherwise, and includes to the maximum extent permitted by law any minor children
participating in any YHPF activity.
YOUTH
Street Address; City, State and Zip
Signature Print Name Date
PARENT /GUARDIAN
Street'. Address; City, State and Zip
Sienature I Print Name Date
I am unable to accompany my child and authorize
to serve as the guardian and give them permission to seek
and authorize medical treatment in the event of an emergency during the YHPF activity during the weekend of
17"11T%Jrr1 G•A
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Street Address, City, State and Zip
Signature
Print Name
Date'
Names of other family members that may be assisting you this weekend:
Packet Page -951- Rev. 61312009
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X' .
10/13/2015 16.D.2.
The responsible pursuit of hunting involves many ethical considerations. A few of these are as follows:
• Being familiar with the firearm or bow to facilitate its proper and safe use.
• Being confident with the use of the firearm or bow to enable an enjoyable hunt.
• Being able to avoid a poorly placed shot and its consequences.
In order to further these and other considerations, the following three rules have been established:
1. Each participant (youth hunter) selected for a YHPF youth hunt is required to practice with the firearm
or bow, intended to be used on the youth hunt, within 14 days prior to the youth hunt. This practice
may be accomplished over a period of days. This will require a minimum of the following:
a.) For rifle hunts - 10 rounds of factory load ammunition placed in a target at a range of
100 yards; this completed form and the target should be presented at check -in for the
youth hunt.
b.) For shotgun hunts - 10 rounds of factory load ammunition at appropriate targets, clays,
etc; this completed form should be presented at check -in for the youth hunt.
c.) For bow hunts - 10 arrows placed in a archery target at a range of 20 yards; this
completed form and the target should be presented at check -in for the youth hunt.
Should these not be presented at check -in, the Huntmaster will have the option of excluding the youth
hunter from hunting until proficiency has been demonstrated.
Note: Should the event require different criteria (such as a shotgun patterned at 30 yards for turkey
hunting) please consult with your Huntmaster for the appropriate recommended practices.
2. Upon arrival at the youth hunt, the participant (youth hunter) will be required to demonstrate
marksmanship proficiency and knowledge as well as to verify that the firearm or bow is still properly
sighted. The Huntmaster may exclude any participant from hunting until this requirement has been
accomplished. In the event that the participant's firearm or bow is not properly functioning or appears
unsafe, an alternate firearm or bow may be used.
3. A marksmanship shooting activity will be held as soon as practical on each youth hunt. At that time, all
participants (youth hunters) will be required to show proficiency and knowledge of their firearm or bow
in order to be allowed to hunt.
We certify that
in a wild game youth hunt.
Range Coordinator/Witness
Parent/Guardian
Participant (youth hunter)
(firearm or bow) fired at
(youth hunter) did use a
yards on
(date) and did exhibit sufficient skills to be allowed to participate
Signature
Signature
Signature
c: lnzvdocumentshaor4fil elyhpfJ Jormslmar •ksmanshipcertification Rev. 1211610'
Packet Page -952-
1 n /1' ion 15 1 P_n
YOMHUNTINC
'- "YK415. SAM
F�
FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSIlnx
Hunter Safety and Public Shooting Ranges Section
Youth Hunting Program of Florida
YOUTH HUNTER APPLICATION
YOUTH HUNTER INFORMATION
Name
Last
First
Middle
Street
Date of Birth
Address
City
State
Zip
County
Hunter Safety
Information'
Date Completed:
Certification Number:
HUNT INFORMATION
Does the youth have any previous experience in
hunting? If yes, about how many times?
Yes
` Have they harvested game?
If yes, please list:
Yes
No
No
What type of game is the youth interested in
hunting? (You may check more than one)
Deer
Turkey
Waterfowl
Hog
Small Game
Other '
What kind of hunting is the youth interested
in? (You may check more than one)
Rifle
Shotgun
Bow
How many miles are you willing to travel to attend a youth hunt?
PARENT /GUARDIAN INFORMATION
Name
Last
First
Middle
Address
Street
Relationship to Youth Hunter
(f different
from above)
City
State
Zip
County
E -mail Address
Days
Evening
Cell
Phone
l J
` J
Do you have any hunting experience?
Yes
No
Please describe your hunting experiences and/or other qualifications:
Have you ever participated in a youth hunt activity? Yes No
Summarize:
Have you ever been convicted of a felony (i.e., game law violation or domestic abuse)? Yes No
If yes, please explain:
Have you ever been convicted of any charges that prevent you from handling firearms? Yes No
If yes, please explain:
To be put on our mailing list to receive youth hunting
information, please complete and return ihis
registration form for
Florida Fish and Wildlife Conservation Commission
Hunter Safety and Public Shooting Ranges Section
620 South Meridian Street, Tallahassee, FL 32399 -1600
(850) 413- 0084/0085 (850) 413 -7989 (fax)
MyFWC.com
Packet Page -953- Rev. 61312009