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' I _ a ',,,i, �o a o c (D O 0 m 0 -p 1 3 v p' I1�1 � _1 m O70rrii it 0 m Z ozrn n G.) tii D -1 -1 ' P LI 2 z rn -=DI 11� T11 m m ao nj = � D � i.,r ° .- C, 41 / Z r" W III 12 G1 C7 --‹ I�i1 I co O Oz � lii a 0 v rP 1 '` r I Aidtt3 RESOLUTION NO. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,TO PRESERVE AND DEFEND THE CONSTITUTION OF THE UNITED STATES AND THE STATE OF FLORIDA. WHEREAS, the Constitution of the United States provides: "A well regulated militia being necessary to the security of a free state, the right of the People to keep and bear arms shall not be infringed." (Second Amendment). And WHEREAS,the Constitution of the State of Florida provides: "The right of the people to keep and bear arms in defense of themselves and of the lawful authority of the state shall not be infringed, except that the manner of bearing arms may be regulated by law." (Article I, Section 8).And WHEREAS,the United States Supreme Court in recent years has twice upheld the Second Amendment as applying to individuals' right to keep and bear arms (District of Columbi a v. Heller, 554 U.S. 570 (2008) and McDonald v. Chicago, 561 US 3025 (2010)), And WHEREAS, The President and Vice President of the United States, as well as members of Congress, have been reported recently to be considering adopting laws, regulations or actions which would have the effect of infringing on the right of Americans to keep and bear arms, And WHEREAS, the reasons given in support of such infringements as gun registration, banning certain kinds of weapons and accessories, requiring extreme background checks, restricting the bearing of arms such as excessive restrictions on concealed carry and possibly other restrictions,have not been shown by the substantial weight of scientific evidence to have been effective in accomplishing the stated objectives of such restrictions as compelling necessities for government action to protect the public safety, NOW, THEREFORE,BE IT RESOLVED,BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA, sitting in duly called session on this day, that: The Collier County Board of Commissioners calls upon the Governor and the Florida Legislature to immediately pass an act to nullify the implementation within the State of Florida of any Federal law, executive order or regulations restricting the right to keep and bear arms, And BE IT FURTHER RESOLVED, that no county resources be used in the implementation of any Federal law, executive order or executive directive that infringe on the right to keep and bear arms, And 9BM ORDINANCE NO.2012- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING REGULATIONS PERTAINING TO SECONDHAND DEALERS; PROVIDING FOR TITLE AND CITATION; PROVIDING FOR APPLICABILITY; PROVIDING FOR CONSTRUCTION AND INTERPRETATION; PROVIDING FOR INCORPORATION OF STATE LAW BY GENERAL REFERENCE; PROVIDING FOR CHANGE TO DEFINITIONS; PROVIDING FOR CHANGE TO EXEMPTIONS; PROVIDING FOR LIMITATION ON LOCATION FOR PURCHASE OF SECONDHAND {Formatted:Strikethrough GOODS BY SECONDHAND DEALERS; PROVIDING FOR ADDITIONAL HOLD PERIOD REQUIRED; PROVIDING FOR ENFORCEMENT; PROVIDING FOR VIOLATIONS AND PENALTIES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Subsection 125.01, Florida Statutes, the Board of County Commissioners has the power and authority to adopt such business regulations,to the extent not inconsistent with general or special law,as are necessary for the protection of the public;and WHEREAS, the Board of County Commissioners hereby acknowledges that increasing demand and associated rising prices of precious metals has contributed to increased thefts in Collier County of items such as rings, necklaces, bracelets, earrings, etc., from residential dwellings and conveyances, which increased criminal activity adversely affects the health, safety,and welfare of the residents of Collier County;and WHEREAS, Chapter 538, Part I, Florida Statutes defines a "secondhand dealer" and regulates secondhand dealers for the purpose of reducing the sale of stolen goods;and WHEREAS, Sec. 538.17, Florida Statutes, specifically authorizes local governments to enact laws more restrictive than the provisions of Chapter 538,Part I;and WHEREAS,the Collier County Sheriff's Office has identified regulations,in addition to those set forth in Chapter 538, Part I, Florida Statutes, to further reduce theft of secondhand goods in Collier County;and WHEREAS, the Board of County Commissioners finds it in the best interest of the citizens of Collier County to adopt additional regulations relating to secondhand dealers. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: 1 9BA4 A SECTION ONE: Title and Citation. This Ordinance shall be known and may be cited as the "Collier County Secondhand Dealer Ordinance." This Ordinance is not intended to regulate secondary metal recyclers, as provided for in Ordinance No.2012-07 and Chapter 538,Part II,Florida Statutes. SECTION TWO: Applicability. This Ordinance shall be applicable within the incorporated and unincorporated areas of Collier County, except to the extent that a municipality has adopted or adopts its own ordinance in conflict with this Ordinance. To the extent that this Ordinance is applicable within a municipality,the County and the municipality shall have concurrent authority and jurisdiction to apply and enforce the Ordinance within the entirety of their jurisdictional boundaries. SECTION THREE: Construction and Interpretation. This Ordinance shall be liberally construed in order to effectively carry out the intent and purpose of this Ordinance. Where any provision of this Ordinance refers to or incorporates another provision, statute, rule, regulation, or other authority, this Ordinance refers to the most current version,including and incorporating any amendments thereto or renumbering thereof. SECTION FOUR: Incorporation of State Law by General Reference. The provisions of State law governing secondhand dealers and their transactions, including Chapter 538,Part I, Florida Statutes, are hereby incorporated by general reference as they may exist and be amended from time to time. To the extent that the provisions of this Ordinance are more stringent than those of State law,then this Ordinance shall apply. SECTION FIVE: Change to Definitions. Amending Chapter 538,Part I, Florida Statutes,as incorporated by reference herein,this Ordinance expressly includes"coins"within the definition of"Secondhand Goods." SECTION SIX: Change to Exemptions. Amending Chapter 538,Part I,Florida Statutes,as incorporated by reference herein,and notwithstanding the exemptions set forth therein,this Ordinance expressly applies to any person, coin,or collectible shows or sales,and any person purchasing,consigning,or trading secondhand goods at a flea market regardless of whether at a temporary or permanent business location at the flea market. 2 9B \t3 SECTION SEVEN: Limitation on Location for face—andfer Purchase of Secondhand {Formatted:Strikethrough 9 Goods by Secondhand Dealers. Amending Chapter 538, Part I, Florida Statute, as incorporated by reference herein, a secondhand store shall not include a hotel room or motel room,a vehicle,a post office box,or a private residence, and no secondhand goods may be 1--and/or purchased by a secondhand {Formatted:Strikethrough dealer from a hotel room or motel room, a vehicle, a post office box, or a private residence. Applications that list a hotel room or motel room, a vehicle, a post office box, or a private residence are not valid. . . ::: •-. -• •. , -- , _-•• - , ; ;;: : - .-:_ : {Formatted:Strikethrough •.•_ •_ - -••• a . . • •• - •:- -• - -- . "Phis ordinance is not {Formatted:Not Strikethrough intended to regulate licensed professional numismatists and philatelists at sanctioned or_ {Formatted:Not Strikethrough 9 permitted events or shows. SECTION EIGHT: Additional Hold Period Required. Amending Chapter 538, Part I, Florida Statute, as incorporated by reference herein, a secondhand dealer shall not sell,barter,exchange,alter,adulterate,use,or in any way dispose of any secondhand goods within 30 calendar days of the date of acquisition of the goods and the secondhand goods shall remain within Collier County for the duration of the hold period. SECTION NINE: Enforcement. This Ordinance shall be enforced by the Office of the Collier County Sheriff and/or the appropriate law enforcement official within Collier County having jurisdiction as it pertains to the location of the secondhand store. SECTION TEN: Violations and Penalties. All violations of this Article may be processed according to the Collier County Consolidated Code Enforcement Ordinance(Ord.No.2010-04, as amended)and per provisions of Parts I or II of Chapter 162, Florida Statutes, as may be applicable. A law enforcement official or code enforcement officer is specifically authorized to issue a citation for each violation. Each day of any such violation shall constitute a separate and distinct offense. Further,each failure to properly document transaction information shall constitute a separate and distinct offense. The County may also enforce this Article by action in equity, including injunctive or declaratory relief,in the appropriate court of competent jurisdiction. Any person who knowingly violates any provision of this Article, including refusal to allow a law enforcement official to make an inspection under this Article,shall also be punished in the same manner as a misdemeanor as provided by general law. 3 B SECTION ELEVEN: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law,the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction,such portion shall be deemed a separate,distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION TWELVE: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinance of Collier County,Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such,and the word"ordinance"may be changed to"section,""article," or any other appropriate word. SECTION THIRTEEN: Effective Date. This Ordinance shall be effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,Florida,this day of ,2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,Clerk COLLIER COUNTY,FLORIDA By: By: ,Deputy Clerk GEORGIA A.HILLER,ESQ. CHAIRWOMAN Approved as to form and legal sufficiency: Jeffrey A.Klatzkow County Attorney 4 100 1� Petitioning Collier County Commisioner This petition will be delivered to: Collier County Commisioner Collier County Commisioner: End the Ban of Spearfishing in Collier County, FL Petition by Naples Spearfishing League Spearfishing has been outlawed in Naples since the 50's. This law has to be modified to keep up with current trends and culture in the state of Florida. Why is Collier County the only county in Florida with an outright ban of spearfishing? There are many reasons why spearfishing should be allowed closer to shore. The recent invasion of lionfish in local waters has been documented as far as a few hundred yards off the beach. Lionfish spread rapidly and if left uncontrolled will undoubtedly create a stranglehold on game fisheries crucial to many aspects of our local economy. Spearfishermen are the only line of defense against this invasive species that WILL threaten important stocks of gamefish for decades to come if left unchecked. RIGHT NOW LIONFISH ARE ILLEGAL TO SPEAR IN COLLIER COUNTY. Limited water visibility limits spearfishing inside of 9nm in Naples anyways, so spearfishing is already limited in those regards. On the east coast where spearfishing thrives you can expect more than 20 foot of visibility on a horrible day. Twenty foot of visibility within 9nm in the Gulf of Mexico would be an outstanding day. This law must be revised. One possible solution would be to make spearfishing illegal from the shore but allowing it from boats that display proper diving flags. According to FWC spokeswoman Amanda Nalley, All Collier County Commisioners have to do is request a change to this law and they will revise it. We ask you, Commisioners,make the request. As of now, it is illegal to stop your boat within 9nm offshore of Naples with a speargun. We propose a change to this outdated and biased law that will have drastic effects on local fishing for decades to come. Lionfish are here to stay and we need to educate the public on their edibility and exponential reproduction. Sign this petition and help save the Gulf of Mexico and Naples fishing. 10U 111 Name City Stat Zip Comment This is a foolish and discriminatory law that needs to go.Collier should follow the rest of the state and embrace the most selective and most Judah Solo'Miami Bea(FL 33139 environmentally sound method of take,spearfishing Kiangkham Saint Peter FL 33710 I am a spearfisherman It's more than hi time that all out dated laws and mandates be revisited and brought up to date.the laws MAY have needed at the time of inception but are they valid and needed now?? It's the duty of the elected officials,that are installed into office by the people that they are supposed to serve to occasionally clean the slate. Lets hope that this drive will result in that badly needed cleaning. Reelection Capt. Bob F Chiefland FL 32626 will be so soon. There is no longer any need for a Collier County spearfishing ban. Bring the laws of Collier County in line with the rest of the state. This will prevent confusion on the part of honest tourists who aren't Tyson Brov New Port P FL 34655 aware of the inexplicably abberant and archaic ban. I am a sport fishermen and I don't want to see this Enrique Mi Immokalee FL 34142 affect"our" marine ecosystem. I spearfish in the keys and have seen the population of lionfish grow. It's amazing how many of the invasive fishes are close to the coast line. I think having the spearfishing boundary line pass 100 yards of a public swimming beach, any commercial or public fishing pier,or any part of a bridge from which public fishing is allowed,would be Luis Trujillc Naples FL 34117 beneficial to our coast. Dylan Glas1 Naples FL 34109 Supporting a long time friend and a helpful cause. bryan flore naples FL 34114 invasive lionfish Lionfish is an invasive species. Lionfish have no known natural predators in our waters. Lionfish consume up to 3x their own weight daily.A female may lay up to 30,000 eggs every 4 to 5 days. They consume ecologically and commercially important species.The most effective way to remove Lionfish in large Allie EIHag(Sarasota FL 34239 numbers is through the use of a pole spear. Andrew Ca Naples FL 34110 this is the only solution to the lionfish problem. c1� 1,3 100 �g Invasive species are a big problem and can cause the Amanda Cc Ft Lauderd.FL 33312 collapse of other important local species. Many people believe that Spearfishing is as simple as diving down and shooting fish.This belief is extremely ignorant,yet is the only explanation to why this law Scott Yous(St. Petersb FL 33702 was originally conceived. Why is the sky blue?Why is water wet? Its an invasive species much like the python is to the Everglades. Its not a naturally occurring issue--its essentially a man made mess.Therefore,we need to Dan Layton Naples FL 34119 quickly implement a man made solution. I believe that lifting this ban is crucial to local economy and also eliminates the danger of smaller Kurtis Huss Naples FL 34102 boats having to travel out 9nm+. christoph E naples FL 34104 cuz da lion fish gotsta go This is an outdated law. Charlotte county already did Adam Wilsi North Port FL 34286 away with their inshore spearing ban last year Karen Fede Naples FL 34114 I believe it is the best method of killing the lion fish. I treasure our world here in Collier Co. and this would help alleviate a threat. Also,we do not benefit from Joyce Dou€Naples FL 34104 the ban in any way. larry ayers naples FL 34110 as a certified diver I want to protect our waters,fish and reefs... Ron Ander!N.Ft. Myer!FL 33903 Sport of Spearfishing & Lionfisf removal in all waters. Lion Fish are Killing and eating all available fry. If not stopped it will ruin South Florida's Fishing and aquatic Bruce Oste Bonita Spri FL 34135 sport industry. William A[Naples FL 34108 Because the health of the Gulf of Mexico is at stake If therea€TMs one,there are many! We cannot allow the Lionfish to take over our reefs in Collier County. Not only will the Lionfish destroy our established marine habitats,they will destroy our fishing, boating and diving industries in Southwest Florida. If a Lionfish population flourishes in Collier County they will certainly migrate into neighboring Lee and Monroe Counties. Should our neighbors bare the brunt of our outdated spearfishing ban?With such low visibility in Colliers waters,there will not be many spearfishing even if the law is changed. Having Lionfish tournaments to remove this evasive species Liz Lomban Naples FL 34113 can bring in tourist dollars too! Gti ti3 0D With a 50 year old ban of spearfishing in Collier County,there is no way to stop the invasion of Lionfish that are now reported to be inshore. With the Lionfish allowed to flourish,the marine habitat will drastically change in Collier County.The fishing, diving and boating industries will evaporate. Neighboring Lee and Monroe Counties will be forced to combat the encroaching evasive Lionfish.This can become an epic disaster. Sign the petition that will be submitted to Collier's Congressman. We need this law changed NOW! And once the law is changed we need to host a Lionfish Tournament to remove then ASAP! <a href="http://www.floridagofishing.com" rel="nofollow">http://www.floridagofishing.com</a> is behind this petition 100%and we are spreading the Liz Lombar Naples FL 34113 word to our supporters. Spearfishing is by far the most environmentally sound method of harvest from the ocean. We have very little by-catch and typically clean up after other folks using other gear types. We are more able to aid in the removal of invasive species, such as the lionfish, as we are proactively hunting in their environment. We are bound by the same catch limits as hook& line fishermen and in my opinion should be given the same opportunity&access as those using other gear types with the exception of certain safety limitations Michael Ha Tampa FL 33603 already defined by the state of Florida. Because I would like to help my Spearfishing brethren, abolish a law that was put into effect for no apparent reason,except for a special interest group that would like to whittle away at a persons Steve Riedc Bradenton FL 34205 chosen harvest methods. Im an avid fisherman and its important to protect the rights of fisherman throughout the state. Keep up the Garrett Bec Fort Myers FL 33966 good work. Spearfishing is my passion and la€TMm collier county resident. I have small boat and I cana€TMt go 13 miles Asley Lugo Naples FL 34120 out to able fish. AA'17 10D . . As a spear fisherman I find it unreasonable to not allow spear fishing anywhere hook and line is Paul Kerr St. Petersb FL 33714 permitted. It is a much better way to take fish. Tom Koziol Naples FL 34120 I enjoy spear fishing! need to keep the lion fish from spreading any further michael we tampa FL 33607 and hopefully eliminate them. spearfishing should be granted the same rights as hook and line fishing-it is actually the most Ray Chaple Clearwater FL 33755 ecologically sound way of harvesting fish! Spearfishing is a wonderful sport that surgically takes fish from our gulf with no waist or harm to environment. In addition the lion fish issue can be assisted through the efforts of diver more effectively bruce butcl fort myers FL 33908 than any other mean of eradication. Raymond E St. Petersb FL 33712 I would like to excercise my form of fishing when visiting Naples. Frank McC Cape Coral FL 33904 Lionfish cleanup and regular spearfishing I'm a avid fisherman,and belive this is an incredible sport that deserves to stay around for future Jason LOWE Lecanto FL 34461 generations. Spearfishing cause the least amount of by catch and Josh Willan Saint Peter FL 33710 should be encouraged, not banned. To help eradicate lionfish and to have freedom to participate in the sport of spearfishing w/o Greg Hardie North Fort FL 33917 restrictions. To protect native marine life and coastal marine habitats! Also to be rid of an outdated law that Jacob Chen Cape Coral FL 33904 benefits few. Lionfish are everybodies problem. It has to be handled or ALL the waters are going to suffer. I don't care if you keep the ban on everything except lionfish, but as they destroy the habitat they must be Ron SavagE Clearwater FL 33765 stopped; not given a safe haven. Richard Ta'Saint Peter FL 33711 Bacause it is unfair! I spearfish.While hunting grouper,snapper, hog fish, etc I also target ALL lionfish I see,they are an invasive species, and very distructive,AND DELICIOUS to eat. If spearfishing were allowed in this area there would be a way of helping control the lion fish (you understand they are seldom caught on hook and line, Donald Har Port Charlc FL 33948 it's up to divers to keep them in check). Collier County is discriminating against what is a legal Martin Bryi Cape Coral FL 33904 technique of fisherman throughout Florida. 10 D , � � ► 0 Jeffrey Bris Port Charlc FL 33952 Necessary to stop the spread of this invasive species in Southwest Flori Byron Boel.Santa Cruz 0 Lionfish is a problem. Must be allowed to spear them Justin LaFo N. Fort Myi FL 33903 I enjoy spearfishing and I have seen first hand what lionfish can do to al eric rodrigi longkey FL 33001 the sport and the love of the ocean,and love of spearfishing Lionfish are a huge problem in florida and must be eradicated.Spearfishing is a legal and ethical method of harvesting fish and eradicating invasive species andrew kal north mian FL 33181 such as lionfish. Spearfishing is the most ecological way of harvesting John MertE North PaIn-FL 33408 fish it should be allowed throughout the state I love. As a scuba diver and one who cares about the health of our reefs, it is mandatory that we begin efforts to control the lionfish population ASAP! Once the native fish stock are gone it will be almost impossible to get L.Scott Hai Pensacola FL 32504 them back. Daniel Schr Brooksville FL 34614 Because I believe in EQUAL rights to PUBLIC RESOURCES!!!! James Woc West Palm FL 33411 Time to update your legislation in response to change. Alton Ston Gainesville FL 32608 It can lead to dangerous situations. Husband was stung by a lionfish while lobstering and nearly died.$200,000+ later in medical procedures to his heart and medications he is still not 100%. We Kathy Robin Apalachico FL 32320 must eridacate this aggressive dangerous fish. Lionfish can eliminate up to 90%of the reef essential fish within their range. Our choce is between the lionfish and our reefs until ntatural predators can naturally control their numbers.Again it's save the lionfish or save the entire reef ecosystem. Which will Kelly Ash Plano TX 75025 you choose? Lionfish can eliminate up to 90%of the reef essential fish within their range.Our choce is between the lionfish and our reefs until ntatural predators can naturally control their numbers.Again it's save the lionfish or save the entire reef ecosystem.Which will Rico Allee Willemstad 0 you choose? Lifting the band on spearfishing in Collier is important to me because I take out at least 5 dive trips a week here in Collier County, and have started to notice the lionfish on the reefs, last year I spoted 1, and now 1 became 10, so just think by next year how many the count will be..We need to take action now before it Mark Garc' Naples FL 34110 gets out of hand! 0113 10 a I'm a fisherman and I also spearfish. The Lionfish needs to be stopped or we will loose our fisheries. You should get the local dive clubs and shops to Gerald Eke;Fort Myers FL 33908 organize and rid us of this menace. Henry Low'Naples FL 34113 Need to eliminate the Lionfion and expand the diving sport. Meshal Sul Abu Dhabi 11413 Spearfishing is the most ecologically sustainable way of harvesting fish. Spearfishing does not have the impact on the environment that pole and net fishing does. It's far more ethical, as it is more sport and the animals are John Dillon Alva FL 33920 only killed when they are to be harvested and eaten. Barry Payrn Merritt Isla FL 32953 Selective sustainable fishing and recreation. I travel and spearfish and it would be nice to vacation in collier county. Not to mention lion fish should be harvested any way possible since they are an invasive Andrew Ke Mayo FL 32066 species. jell mortor st. petersb,FL 33710 to keep lionfish numbers under control. There are some great dive areas in collier-the lion fish population needs to be eliminated on our coast, Brad Harm,Cape Coral FL 33909 they will take over our reefs matt cartel orlando FL 32826 because I spearfish I make numerous trips to Sarasota throughout the year to visit family and enjoy diving. After seeing the John Meck,Baltimore MD 21224 influx of lionfish, it is clear this ban needs to be lifted Scott WallE West Chica IL 60185 preserve fishing for sport fish The ban should continue along the beach. No spearfishing from the beach or for snorkelers.We do not need people parading spearguns along the beach or shooting spawning snook. Other than this restriction, it should be allowed to help check the non- native invasive lionfish and for the positive economic Fred Heald Naples FL 34108 impact it should have. Laws should be uniform through out the state. It is discriminatory to allow one user group to harvest fish and ban another.The state (FWC) has laws governing spearing and ALL counties in Florida accept them but Collier. Jim Joseph, Owner of Fantasea Scuba in Port Jim JOSEPI-Port Charlc FL 33952 Charlotte. Justin Vacc Naples FL 34109 LIONFISH! Because spear fishing is the shit,and if the government keeps eating away at our rights by outlawing something as trivial as spear fishing,then Katelyn Hai lakeland FL 33809 we may just give away ALL OF OUR RIGHTS. 4116 Paul Westk Naples FL 34113 Spear fishing is a simple tool for control. 1 0 D we shoulod keep up with other counties that allow spear fishing and i would love to spear fish in my own home town and not have to spend my dollars in James Lott naples FL 34120 another county. It's a great sport and provides food. It also can help with a focus on getting rid of invasive species that Bill Hollow Naples FL 34119 damage our fragile ecco-system. Many recreational fishermen use spearfishing as the Matt Finn Goodland FL 34140 primary means to take legal fish for food. First this regulation is antiquated and needs corrected.The recent infusion of lion fish also needs addressed.As a spearfisherman I would take the time and effort to kill them before they get out of control as they are in other parts of the state. Collier county needs to level the playing field for spearfisherman and companies that cater to them, it's tough enough to dive and spearfish in Collier county without these Mike Muck Marco Islar FL 34145 antiquated regulations. I am a spearfisherman, and I would love to go off Naples, but instead I have to drive to the opposite WT Pearso Naples FL 34108 coast,or monroe county Jean Jessur St. Petersb FL 33711 Because it is important to a good friend and in memory of my husband. Gigging and spearfishing are completely different methods of fishing.The law is outdated and needs to be changed in order to save our native ecosystem Marcus Sur Fort Myers FL 33919 from invasive threats. Gigging and spearfishing are completely different methods of fishing.The law is outdated and needs to be changed in order to save our native ecosystem Marcus Sur Fort Myers FL 33919 from invasive threats. Ellen Blackl Naples FL 34108 We need to rid the waters of these invasive lionfish. Robert Flar TAMPA FL 33604 it is needed I would like spearfish these waters. Lewis Fish Lehigh Acrn FL 33936 It would bring revenue to Collier co. El l O LI:m E SIG/JAI()lz 1914 Name City State Zip Code Country 1 0 D 1 Bill D'Antuono United States Judah Solomon Miami Beach Florida 33139 United States Kiangkham Viravong Saint Petersburg Florida 33710 United States Patrick Walsh Naples Florida 34117 United States Capt. Bob Roemer Chiefland Florida 32626 United States elias hernandez boca raton Florida 33433 United States joann dantuono North Naples Florida 34108 United States Tyson Brown New Port Richey Florida 34655 United States Alan Drescher Naples Florida 34108 United States Joe Funigiello Naples Florida 34119 United States Andrew Flickinger Ft. Myers Florida 33901 United States christopher lynch Naples Florida 34109 United States Enrique Midney Immokalee Florida 34142 United States Elizabeth Potter Naples Florida 34108 United States Erik Hardman Tampa Florida 33625 United States Andres Del Villar Midlothian Virginia 23113 United States Luis Trujillo Naples Florida 34117 United States Matthew Brueckner Apollo Beach Florida 33572 United States kevin cooper naples Florida 34120 United States Craig Stenson St Louis Missouri 63122 United States Dawn Meehan Naples Florida 34117 United States K Penna Naples Florida 34110 United States Ellen Summers Naples Florida 34110 United States Scott Butherus Bonita Springs Florida 34135 United States Dylan Glass Naples Florida 34109 United States Jesse Roberts Naples Florida 34112 United States Cameron Hunt Venice Florida 34285 United States Mark Barton North Miami Florida 33161 United States bryan flores naples Florida 34114 United States Justin Chait Naples Florida 34104 United States Dan Wantuch Naples Florida 34102 United States Christopher Thompson Naples Florida 34109 United States sheri makowski cape coral Florida 33914 United States dennis aro Naples Florida 34116 United States Allie ElHage Sarasota Florida 34239 United States Michael Miller Naples Florida 34104 United States Kyle Abraham Naples Florida 34109 United States Robert Wantuch Naples Florida 34102 United States Donna Wantuch Naples Florida 34102 United States michael kalvin Naples Florida 34117 United States Patricia Rich Naples Florida 34110 United States William Ferry Napls Florida 34120 United States steven reader Naples Florida 34117 United States Jeff Solnes Naples Florida 34108 United States James Clifford Naples Florida 34117 United States Andrew Callis Naples Florida 34109 United States n , 100 d ,1 Kristen Shuman Naples Florida 34117 United States jonathan peel NAPLES Florida 34102 United States Michelle Ferry Naples Georgia 34120 United States Dan Burgess Naples Florida 34105 United States Amanda Costaregni Fort Lauderdale Florida 33304 United States Karen D'Antuono Richmond Virginia 23219 United States Paul Peterson Naples Florida 34120 United States Scott Youschak St. Petersburg Florida 33702 United States Alex Gonzalez Naples Florida 34112 United States Dan Layton Naples Florida 34119 United States andy piipponen naples Florida 34108 United States Carter Ullman Lake Wales Florida 33898-742 United States Kurtis Hussey Naples Florida 34102 United States Chris Barton Clearwater Florida 33762 United States kevin sharpe naples Florida 34104 United States Timothy Hilliard Gainesville Florida 32608 United States christoph Beckman naples Florida 34104 United States Adam Wilson North Port Florida 34286 United States Karen Federighi Naples Florida 34114 United States Chuck Smith Naples Florida 34102 United States Joyce Douglass Naples Florida 34104 United States Ken Kristian Naples Florida 34109 United States larry ayers naples Florida 34110 United States Trish Dobereiner Fort Myers Florida 33908 United States Dan Keegan Marco island Florida 34145 United States gary gorden naples Florida 34105 United States Andrew Antoni Fort Myers Beach Florida 33931 United States larry burgoyne Dade City Florida 33525 United States TRAVIS CHILDERS leesburg Florida 34748 United States Ron Anderson N.Ft. Myers Florida 33903 United States Jeffrey Piipponen Naples Florida 34108 United States Michael Monge Estero Florida 33928 United States Laura Pettry Lake Worth Florida 33462 United States Dan Maloney Cape Coral Florida 33904 United States Jacqueline Goguen Naples Florida 34110 United States carly binge Naples Florida 34116 United States Sam Troyer Cape Coral Florida 33904 United States Daniel Schalk palm bay Florida 32909 United States d schalk palm bay Florida 32909 United States Joel mcqueen sebring Florida 33875 United States Louis Rossignol Kenner Louisiana 70065 United States Charles Ringland Ft. Myers Florida 33919 United States Brian Binge Naples Florida 34114 United States Ed Roberts St. Petersburg Florida 33710 United States Melissa Blazier Naples Florida 34102 United States Eva Maloney Cape Coral Florida 33904 United States Jason Popovich Cape Coral Florida 33904 United States 10 n c . t 0 . . Bruce Osterberg Bonita Springs Florida 34135 United States William A D'Antuono Naples Florida 34108 United States Liz Lombardi Naples Florida 34113 United States Christina Ingles Cape Coral Florida 33904 United States Bill Van Deman Apollo Beach Florida 33572 United States Christian Heinz Naples Florida 34119 United States Charlie Barnes St. Petersburg Florida 33710 United States Will Daniels Fort Myers Florida 33912 United States Michael Haynes Tampa Florida 33603 United States William Anderson lecanto Florida 34461 United States Steve Riedel Bradenton Florida 34205 United States Garrett Becker Fort Myers Florida 33966 United States Asley Lugo Naples Florida 34120 United States Ira Erwin indian rocks beach Florida 33785 United States Tony Gatliff Largo Florida 33770 United States Paul Kerr St. Petersburg Florida 33714 United States Steve Ronco Fort Myers Florida 33905 United States Tom Kozlow Naples Florida 34120 United States Chase Fulton Fort Myers Florida 33908 United States Bryan Anderson Clearwater Florida 33703 United States Scott Hooker St. Petersburg Florida 33702 United States michael womack st. pete beach Florida 33706 United States Ray Chaple Clearwater Florida 33755 United States bruce butcher fort myers Florida 33908 United States Raymond Bourque St. Petersburg Florida 33712 United States Dennis Brown Estero Florida 33928 United States Brian Belzel Largo Florida 33774 United States Russell Stephan Cape Coral Florida 33914 United States John Herrera Boca Raton Florida 33432 United States Chris Cronin Ft Myers Florida 33008 United States Andrew Dudley Fort Myers Beach Florida 33931 United States Angela Anderson Lecanto Florida 34461 United States Frank McCallister Cape Coral Florida 33904 United States CHris Grauer St. Petersburg Florida 33702 United States Jason Lowe Lecanto Florida 34461 United States Jason Schulz Hollywood Florida 33024 United States Hunter Rollings Fort Myers Florida 33901 United States Ryan Saul Palm Harbor Florida 34683 United States Josh Willard Saint Petersburg Florida 33710 United States billy hart fort myers Florida 33905 United States Adam Oakley Punta Gorda Florida 33716 United States Greg Harding North Fort Myers Florida 33917 United States JOHN WENDEL NAPLES Florida 34120 United States Liz Morrow St. Petersburg Florida 33713 United States Jacob Cheney Cape Coral Florida 33904 United States Bruce Waits St. Petersburg Florida 33709 United States Ron Savage Clearwater Florida 33765 United States i 3 100 Richard Taylor St. Petersburg Florida 33711 United States Bing Gwong St. Petersburg Florida 33703 United States Donald Ham Port Charlotte Florida 33948 United States cynthia anderson Bushnell Florida 33513 United States chris morgan cape coral Florida 33914 United States David Carpenter Naples Florida 34104 United States William Collier Orlando Florida 32812 United States Martin Bryner Cape Coral Florida 33904 United States Abdiel Falcon Doral Florida 33178 United States Charles Fulton ft.myers Florida 33908 United States Dean Karikas South Pasadena Florida 33707 United States Jeffrey Briscoe Port Charlotte Florida 33952 United States Byron Boekhoudt Santa Cruz 0 Aruba Marcus Dowling helmond 5706nw Netherlands Frank Shay Naples Florida 34117 United States Nicole Babb naples Florida 34120 United States Pieter Evertsz The Hague 2586SG Netherlands Kathryn Cannizzaro Naples Florida 34109 United States Justin LaFountain N. Fort Myers Florida 33903 United States Gabriel Lopez Panama 6537 Panama Anthony Segrich Delray Beach Florida 33444 United States Jon West Winter Springs Florida 32708 United States James Gilner Saint Johns Florida 32259 United States eric rodriguez longkey Florida 33001 United States Dawn Bargione Wake Forest North Caro 27587 United States DAVID HALLEY Naples Florida 34113 United States thomas shearer miami Florida 33176 United States Thomas Pavlik Palm Beach Gardens Florida 33418 United States andrew kappler north miami Florida 33181 United States Ryan Parry Naples Florida 34110 United States Julia Rich North Palm Beach Florida 33408 United States John Leeming Sarasota Florida 34242 United States John Merten North Palm Beach Florida 33408 United States Michael Reitmeier Cape Coral Florida 33990 United States Michael Damanski Naples Florida 34110 United States Joseph Stegner Cocoa Florida 32926 United States Angela Smith Sarasota Florida 34239 United States Brett Berry San Diego California 92117 United States mark Smith Stuart Florida 34997 United States Arnaud Chevillard Paris 75017 France ali hammoud suffisant 11358 Curacao Scott Harrell Gulf Breeze Florida 32563 United States Daniel Schnorrenberg Brooksville Florida 34614 United States James Wood West Palm Bch Florida 33411 United States Danyar Khaiboullin Bradenton Florida 34212 United States Alton Ston Gainesville Florida 32608 United States Michael Valdez Naples Florida 34105 United States 10 D oti . • Travis Bontrager Gainesville Florida 32608 United States Ryan Comparato Melbourne Florida 32940 United States Anthony Lee Naples Florida 34116 United States Ronald Pederson Cape Coral Florida 33914 United States Bill Wilson Naples Florida 34109 United States michael laumeyer bradenton Florida 34208 United States Emmanuel Lopez Miami Florida 33138 United States Kathy Robinson Apalachicola Florida 32320 United States Garrett Carney Naples Florida 34109 United States Kelly Ash Utila 12345 Honduras alex hozee willemstad 0 Curacao Willem Evertsz Flushing 4381 LP Netherlands Rico Allee Willemstad 0 Curacao Amanda Ulrich Fort Myers Florida 33905 United States Benjamin Fessler Coral Gables Florida 33134 United States Jordan Wederfoort Leidschendam 2266 BL Netherlands David Kirkham New Smyrna beach Florida 32169 United States JULIO Martinez Hialeah Florida 33014 United States kellie nolan Naples Florida 34102 United States Nate Lyman Naples Florida 34103 United States Thomas Perez Cape Coral Florida 33993 United States Mark Garcy Naples Florida 34110 United States Toby Silverman North Palm Beach Florida 33408 United States Gerald Ekegren Fort Myers Florida 33908 United States Henry Lowe Naples Florida 34113 United States David Jenkins Citra Florida 32113 United States craig foist Naples Florida 34109 United States Peter Paniccia Coral Springs Florida 33065 United States J Solo Miami Beach Florida 33139 United States chris Thomas Fort Lauderdale Florida 33304 United States James Cushing FPO 34058 Bahamas Meshal Sulaiman Abu Dhabi 11413 United Arab Emirates John Dillon Alva Florida 33920 United States garrett abernathy vero beach fl Florida 32963 United States Barry Payne Merritt Island Florida 32953 United States Stephen Thomas Anna maria Florida 34216 United States Andrew Kelley Mayo Florida 32066 United States robert forrest Naples Florida 34116 United States jell morton st. petersburg Florida 33710 United States Andy Roush Knoxville Tennessee 37912 United States Blake Harrison Naples Florida 34103 United States Brad Harmer Cape Coral Florida 33909 United States matt carter orlando Florida 32826 United States Eduardo Montalvo Crestview Florida 32539 United States chip clifton North Palm Beach Florida 33408 United States Travis Jones Orlando Florida 32817 United States Ben Churchwell Bonita Springs Florida 34134 United States 10 0� A�*o Lauren BITTNER Naples Florida 34110 United States Alex Fogg Gautier Mississippi 39553 United States Jordan Ward Anchorage Alaska 99503 United States John Mecke Baltimore Maryland 21224 United States Scott Wallenberg West Chicago Illinois 60185 United States Dave Spence Marco Island Florida 34145 United States Fred Heald Naples Florida 34108 United States Christian O'Donnell Cape Coral Florida 33991 United States Jimmy Jones Naples Florida 34104 United States Jim Bonfitto Naples Florida 34112 United States Scott Hurley Vero Beach Florida 32962 United States Jim JOSEPH Port Charlotte Florida 33952 United States James Dick Naples Florida 34105 United States Lisa Blacklidge Naples Florida 34108 United States Justin Vacca Naples Florida 34109 United States Sharney Perrow Naples Florida 34105 United States Kyle Prescott Naples Florida 34117 United States Joe Young Palm Harbor Florida 34683 United States Stacy Roberts Naples Florida 34109 United States Susan Cascio Naples Florida 34117 United States Edward Brantley Lehigh Acres Florida 33971 United States Lana Abraham Naples Florida 34109 United States Tanner Smith Lakeland Florida 33812 United States Katie Hallman Lakeland Florida 33809 United States Natalie Crane Naples Florida 34110 United States Sean Ryan Naples Florida 34117 United States Laura Saxon morriston Florida 32668 United States Paul Westberry Naples Florida 34113 United States David Gardiner Naples Florida ######## United States Ryan Poole North Palm Beach Florida 33408 United States James Lott naples Florida 34120 United States Kevin Walsh Naples Florida 34113 United States G Dubrick Naples Florida 341113 United States D Dubrick Naples Florida 34113 United States Ken Morrison Lakeland Florida 33810 United States Andrew Dubrick St.Agatha n0b210 Canada Sharon Struhar Naples Florida 34113 United States Jeffrey Dawson Marco Island Florida 3 United States Robert Davis Punta Gorda Florida 33950 United States Beau middlebrook Naples Florida 34113-860s United States Bill Hollowsky Naples Florida 34119 United States Keith Sullivan Naples Florida 34102 United States Erik Johnson Naples Florida 34113 United States Marilyn Hegmann Marco island Florida 34145 United States William Miller Naples Florida 34112 United States Christiana Kim-Alterson Thornton Illinois 60476 United States Bobby Spano Bonita springs Florida 34135 United States 100 a- 01'3 kevin kenney marathon Florida 33050 United States Eddie Asencio Jr. Naples Florida 34120 United States Matt Finn Goodland Florida 34140 United States Lindsay Thomas Northbrook Illinois 60062 United States Liesa Priddy Immokalee Florida 34143 United States Michael Coggins Brandon Florida 33511 United States Margaret Silver Atlantic Beach Florida 32233 United States ron silver Atlantic Beach Florida 32233 United States Mike Muck Marco Island Florida 34145 United States Christian Steinwarz Naples Florida 34109 United States WT Pearson Naples Florida 34108 United States Leslie Pearson Naples Florida 34108 United States Miles Griffin Naples Florida 34105 United States William Pearson Naples Florida 34108 United States Eric Poelrl Naples Florida 34102 United States mitch villani naples Florida 34116 United States Troy Montague East bethel Minnesota 55011 United States Jean Jessup St. Petersburg Florida 33711 United States D Keith Wickenden Naples Florida 34109 United States Spencer Wickenden Naples Florida 34109 United States derek schultz chicago Illinois 60613 United States Nick Pearson Naples Florida 34108 United States vicki starks Naples Florida 34110 United States Rick Blalock Jupiter Florida 33458 United States Saundra Lynn-Swanson Naples Florida 34112 United States Patrick Webb Naples Florida 34116 United States patrick hanlon Naples Florida 34108 United States Marcus Summ Fort Myers Florida 33919 United States Ashley Grimes Naples Florida 34119 United States Nick Cosgrove Naples Florida 34110 United States JO SUMM FORT MYERS Florida 33919 United States Ellen Blacklidge Naples Florida 34108 United States Dan Cheek Naples Florida 34110 United States Robert Flandreau TAMPA Florida 33604 United States Lewis Fish Lehigh Acres Florida 33936 United States . f? ' { SIGN THE PETITION TO LIFT TH1 Mn SPEARFISHING BAN IN COLLIE V `•, ?f 1 - COUNTY, FL s iODc 'A 7 - S .• ut, , ' ji,f-- 4 `1: 4. /NFi/WAZMINTai,' A), Iii'' A nIK! !IP \ busy %I cAp , P R 11 — — ,, AlL_ i'il f'li't,-1 Lrt 6:J i'f-)7f?-7 q,l, c,, +Ch�eJ.,�t a (1 �g -c K Qa.5--,a.5--,3 t P y .r, `h,_ h■ 0.1.1t 0.4 c a ci c t, c,D n. ' a°PCS c 0. be boil d cr»,viC a i .net- . S (1:i4 ' ,,z24 .j- (/ reic44 , 4-2(10 C'‘75/"-ii ,� c ,/ iii � . � ' G_ ' � �_ ' A Y� - Cl- : S l�. �1 //� I �-Ir • U G°7 (�✓G� �TAII�" !'.I Mgr/ Y-c.c�w v`{5' e w� a Ye- y„O, ,c_a' A ='may .-� ■ ► _, bKhc,(AZilDomwtLi c..v ( If v, ..-d4..4,a,0 rr-► , h° 4L,2_7.C. 0zddle-,.c rC_cwd�-n 4ci en/baleen-7a/I. Corn t.),L 'fiV)„�;ca' r-' nI '.VS—A.tii, - t2y s_.... r . ./ w - , g i ,• /,A j /ice - t ,,,, 1 3N t�'/i St",C✓i/45 el.__ 100 41%)176' • S►� rc a a. 13 Q_A c I. e 0 w, � u.a �:�.�•-�' rre-ni )0 t enNA;) •cot-, �t 100 Collier County Commisioner: End the Ban of Spearfishing in Collier County, FL Petition by Naples Spearfishing League Spearfishing has been outlawed in Naples since the 50's. This law has to be modified to keep up with current trends and culture in the state of Florida. Why is Collier County the only county in Florida with an outright ban of spearfishing? There are many reasons why spearfishing should be allowed closer to shore. The recent invasion of lionfish in local waters has been documented as far as a few hundred yards off the beach. Lionfish spread rapidly and if left uncontrolled will undoubtedly create a stranglehold on game fisheries crucial to many aspects of our local economy. Spearfishermen are the only line of defense against this invasive species that WILL threaten important stocks of gamefish for decades to come if left unchecked. RIGHT NOW LIONFISH ARE ILLEGAL TO SPEAR IN COLLIER COUNTY. Limited water visibility limits spearfishing inside of 9nm in Naples anyways, so spearfishing is already limited in those regards. On the east coast where spearfishing thrives you can expect more than 20 foot of visibility on a horrible day. Twenty foot of visibility within 9nm in the Gulf of Mexico would be an outstanding day. This law must be revised. One possible solution would be to make spearfishing illegal from the shore but allowing it from boats that display proper diving flags. According to FWC spokeswoman Amanda Nalley, All Collier County Commisioners have to do is request a change to this law and they will revise it. We ask you, Commisioners,make the request. As of now, it is illegal to stop your boat within 9nm offshore of Naples with a speargun. We propose a change to this outdated and biased law that will have drastic effects on local fishing for decades to come. Lionfish are here to stay and we need to educate the public on their edibility and exponential reproduction. Sign this petition and help save the Gulf of Mexico and Naples fishing. -Naples Spearfishing League 100 Signa• e Email(optional)a �, . PPIApr,f I4; 0(, rjok,-;-"z' a7ATAWF„ 41 :: i Ofiplowir ALLOL 0)1A'4 1011 4 Signature Email(optional) . 1p File Number: .",'116 E01121209 i ' Date Filed: 02/23/2011 Robin Carnahan Secretary of State k'{° State of Missouri �� i Robin Carnahan,Secretary of State Corporations Division ' '•, PO Box 778 i 600 W.Main St.Dm 322 �Vi ; Jefferson City,MO 15102 Application for Certificate of Authority of a Foreign Nonprofit Corporation (Submit with filing fee of 525.00) 1.The Corporation's name is NCSR, Inc. and it is organized and existing under the laws of Texas 2.If the corporation's name is unavailable,the name it will use in Missouri is not applicable 3.The date of its incorporation was 02/07/2011 ,and the period of its duration is Perpetual mo uh/d y/year - 4.The address of its principal place of business is 8227 Smithfield Avenue Springfield VA 22152 . .Address City State Zip Code 5.The name and physical address of its registered agent and office in the State of Missouri is • Capitol Corporate Services, Inc.222 E Dunklin ST, STE 102 Jefferson City .MO 65101 • Name Address City State Zip Code . 6.The names of its officers and directors and their business or home addresses are as follows(attach additional sheets as necessary): . Name Address City State Zip Code President David Kelly 8227 Smithfield Avenue Springfield VA 22152 Vice President N/A Secretary Charles Territo 8227 Smithfield Avenue Springfield VA 22152 Treasurer Ronald P. Reagan 8227 Smithfield Avenue Springfield VA 22152 Director James D. Tuton 8227 Smithfield Avenue Springfield VA 22152 Director Charles Territo 8227 Smithfield Avenue Springfield VA 22152 Director George J.Hittner 8227 Smithfield Avenue Springfield VA 22152 • 7.The specific purpose(s)of its business in Missouri: To promote public awareness and education regarding the benefits of road and traffic safety technology. . (Please see natpage) • • Name and address to return filed document I • • Name:t r- _ Addres . - City,State,and Zip Code:^_ Corp.SSA(05.2009) - d•1932577.1 State of Missouri Creation-Nonprofit 3 Page(s) IT110541 6603 , , 0)(1\ \0 . .. 1 o i + • 8.Does the corporation have members?Yes K No 9.If incorporated in Missouri would the corporation be a public benefit X _. .__or mutual benefit Corporation? 10. The effective date of this document is the date it is filed by the Secretary of State of Missouri unless a future date is otherwise Date may nal he mare than 90 days after the filth.;date in this Office In Affirmation thereof,the facts stated above are true and correct: (The undersigned understands that false statements made in this filing are subject to the penalties provided udder Section 575.040,RSMo) • David Kelly President 02i)212011 Authorized signature of officer of dwirman e board Printed Name Thin Date Note:You must submit a current(not more than 60 days old)certificate of good standing or certificate of existence with this applica- tion.This may be obtained from the Secretary of State or other authority that issues corporate charters in your state of domicile. • • • • d-19325T/.1 Cary.55A(05/1009) • 1OE ,,tkAp) • Corporations Section t.ttE A , Hope Andrade • P.O.Box 13697 cp Secretary of State Austin,Texas 78711-3697 /iv ih Office of the Secretary of State Certificate of Fact The undersigned,as Secretary of State of Texas,does hereby certify that the document,Certificate of Formation for NCSR,Inc. (file number 801380435),a Domestic Nonprofit Corporation,was filed in this office on February 07,2011. It is further certified that the entity status in Texas is in existence. In testimony whereof,I have hereunto signed my name officially and caused to be impressed hereon the Seal of • State at my office in Austin,Texas on February 08,2011. cook _ • /44 ="S4 /44A....e. 1_ ,r. Hope Andrade Secretary of State Come visit us on the internee at http:i/www.sos.state.fzus/ Phone:(512)463-5555 Fax:(512)463-5709 Dial:7-1-1 for Relay Services Prepared by:SOS-WEB TID:10264 Document:353622030003 • . , E �_ �� C -T r ter{}I;..nl a / � �} ..s.�{S� •.�.'r}t.. .tt}�` t . } 1It("',`,�t}Sa/•'('+.,''( ,i 711 }1 iy..j� {1(t'�t �xt,. tl t } t�(.t*� t}i a.{` i �,r� i tir �.h'L^'�3:�trr.1L. tt; yy �. �t:?Jfk�ruc:`;rih;V}. .rtl l(i''_.itfV;�i1=?ii'Lih`:?`1111�rrt`:_rtl m;; '7L.}ur.?"if'ifr:'n k.11::`:PIll' i+l`'r?(it?iflli(t3fr`1l.iV1gi:.1 ;ili=_uf!.u(:?ill•�fI''i�[;i'ri`c.,fl u}:3 iI['.SIti Ill'!.i't.1 t';I'l i,ift w?ti '``-` < State of Missouri — ?- . .,,.iu.,....,..,,,,,„„),, ),e,„__, .,,,,v, ,,,,,,t,,,--,,,, , ,.....,,..,. „. --, k....., ,.,,,,,, .... ,k,„-„,„ ,.... stCREti,,,S, _._,N... _ C4�� t,` ,Q: mac, ,y 1 4)‹ ISSOL R6 :i_::::*:: Robin Carnahan . 1,:e-Pi: Secretary of State, -_ CERTIFICATE OF AUTHORITY FOREIGN NONPROFIT N K.g:i•? WHEREAS 3.� ,� 'fi ' NCSR, Inc. E01121209 Yam ),' s3 using in Missouri the name - y- �' ! t ? NCSR,Inc. :)' i n , `} has complied with the Missouri Nonprofit Corporation Law which governs Foreign Corporat o s; by filing in the office of the Secretary of State of Missouri authenticated evidence of its - r 4;.j; t'� incorporation and good standing under the Laws of the State of Texas. � a t NOW,THEREFORE,I,ROBIN CARNAHAN, Secretary of State of the State of Missouri,do t ,r.- ,4) hereby certify that said corporation is from this date duly authorized to transact business in this �� State,and is entitled to all rights and privileges granted to Foreign Nonprofit Corporations under ' the Nonprofit Corporation Law. {mil,...4 ,„,ii:,:e.:3 IN TESTIMONY WHEREOF,I hereunto K - set my hand and cause to be affixed the ��s��∎�t�\\,� ?; GREAT SEAL of the State of Missouri. "- i�1li` _ ° Done at the City of Jefferson,this jam'*** #** fl+ l(w 23rd day of February,2011. '� �` * '� �. �` '�i` -4 1:k,,c ., $,,,..,e,..13„: io zStt - 1:), "flit. 4,4[-oil (4C.- '\ 1 $ :-"7:g: 1,40..„,-,i1:; „,,,. Or en) ii‘?* k\ rei:i _,A A•ti I 17 _E-H;j'& ':.p '# ',.. 5)�,y k ! ✓t, .,f.{ :� �4‘h.,,./ ;I$um " . .. ' :Sect of State ** c,K,-------!..ST,',' .. :c:'u k R l'li i n t ,c1,�r,u,� I 2"�'V;,y,'4-f,,.',yj�:,1.t t ,(t I' ,t I yfI! •4 it�qr S',4,","4-,p'.'. _,r. ,',;,,',11:.,:.r i\' ;1 'Il q n r ,1A ',',.1,..' Yi u t ;•(i IiYt Ir i i 5 f uC r ,ii,:g,..,,7,--,--.= ` ' '' H y:{ ; : . :1 Y (�; tip.;ar'W. ' . „w y,"4. 'Y�� - t ' Fy t „ .°', t :1 ;,� . (,y 1 tr, , j,..„.., S (,�1.--N r 1OE � An Update on Red Light Camera Research: The Need for Federal Standards in the Interest of Public Safety Barbara Langland-Orban,PhD,John T. Large,PhD,Etienne E.Pracht,PhD ABSTRACT Since publishing our critique of red light camera (RLC)studies in 2008, we have gained increased insights on the controversy over RLCs. Herein we provide additional information on RLCs, and use a question-and-answer format to address frequently asked questions. This update includes the rationale given for ignoring fatalities at RLC sites, the convergence in findings from the National Highway Traffic Safety Administration's compendium of best RLC studies, common violations of research methods in RLC evaluations, the RLC cost-to-benefit implications for motorists, an explanation for the increase in rear-end crashes at RLC sites, and why RLCs may be ineffective in reducing red light running crashes. We conclude with a proposed solution: restoring and improving federal standards through the Manual on Uniform Traffic Control Devices to assure proper intersection engineering prior to consideration of RLCs(even though RLCs are not recognized as an established safety device). Florida Public Health Review,2011;8,1-9. Background • Selection bias should not be evident in the In 2008, we published our first critique of red choice of RLC or comparison sites used in light camera(RLC)studies(Langland-Orban,Pracht, the evaluation; & Large, 2008). The function of RLCs is to • Outcomes from the RLC sites should be photograph vehicles that enter an intersection on a separately analyzed and not merged with red light,which results in a citation that carries a fine. untreated or dissimilar sites; The public health concern with RLCs is the increase • Angle, rear-end, and total crashes (and in crashes and injuries being reported in some injury crashes) should be included as studies. outcome measures; Our critique reviewed five major RLC studies. • Variables that need to be controlled for must Four were identified in the National Highway Traffic be included in the statistical analysis, such Safety Administration's (NHTSA) Automated as traffic volume,yellow light timings,and a Enforcement: A Compendium of Worldwide time trend as red light running crashes and Evaluations of Results (Decina, Thomas, Srinivasan, injuries are declining over time absent the & Staplin, 2007), as among the best in meeting use of cameras; NHTSA's data and research design standards among • At least one year of data should be evaluated 75 RLC studies reviewed. The fifth was published in in both before and during camera time the American Journal of Public Health (Retting & periods;and Kyrychenko, 2002) and was the only publication • Findings from the statistical analysis should identified in a medical library search for peer- be fully disclosed, including confidence reviewed publications on RLCs. The five studies had intervals and statistical significance. contradictory findings with differences due primarily After publishing our criticisms of the Retting and to the varying adherence to research methodological Kyrychenko study, Mr. Retting subsequently rigor. The studies that best adhered to scientific challenged our criticisms (Smyth, 2008). We research methods found RLCs were associated with responded by replicating his published analysis, increases in crashes and injuries. which affirmed Retting and Kyrychenko (2002) had The basic standards used for assessing validity incorrectly reported their findings, as well as used when reviewing these studies were derived from flawed research methods. Our replication, which Campbell and Stanley (1963) and the Office of the explains the errors,is published in an e-letter with the House Majority Leader's report on red light cameras original article in the American Journal of Public (2001),which included the following points: Health on-line(Large,Orban,&Pracht,2008). Since publishing our critique we have provided approximately 80 interviews to news reporters Florida Public Health Review,2011;8:1-9. 1 http://health.usf.edu/publichealth/fphr/index.htm 10E 00 throughout the U.S., Canada, and England. Our fatal before camera use and 0.8 percent were fatal findings were broadly circulated in the news media; after camera use. Using this information and their however, to date, only two elected officials have results from the seven jurisdictions, it was possible contacted us about our conclusions. This lack of for us to calculate that the number of fatal angle interest among elected officials was profiled in a crashes for the 370 RLC site years was expected to news article about sources of information used in be 4.5 based on before camera data. However, the RLC decision making, which illustrated the tactics actual number of fatal angle crashes was 5.0 in the used by industry proponents to foster confusion about after-camera period, which is more than 10% higher RLC effectiveness(Van Sickler,2010). than expected.Further,for every 100 definite injuries One journal reporter, who requested anonymity, from angle crashes in the before-camera period, 1.28 revealed that the media can be a source of was fatal,which increased to 1.71 in the after-camera misinformation on RLCs. She disclosed that special period, a 33.6% increase. Therefore, increased, and interests that profit from cameras have threatened to not decreased, fatalities were associated with the use reduce or withdraw their advertising revenues if the of RLCs in this study. news is not reported that RLCs provide a safety Additionally, the cost of fatal crashes was benefit.The reporter explained that with such threats, omitted from the Council et al. economic analysis. journalistic ethics permit an editor to report the The rationale cited by the authors was that "small advertiser's perspective if also disclosing the contrary numbers of fatalities should not be allowed to affect assessment that RLCs pose a safety threat, leaving decisions on roadway-based treatments such as readers to form their own conclusion. However, she RLCs" (pp. 48-49). They suggest that fatalities at explained that not all editors abide by this principle, RLC sites can be ignored because they most likely which is compounded by the many controversies result from a person's age (e.g., elderly)or failure to surrounding RLCs.For example,a Florida newspaper use a safety belt, or relate to the type of vehicle reported that their local poll found support for RLCs. driven. Council et al. (2005) further explained they The second half of the article mentioned some of the excluded the cost of fatal crashes in their economic concerns about RLCs, which included using them to analysis because the cost of a single fatal crash generate revenue, failing to save lives, failing to "could significantly bias the results" due to the significantly reduce crashes, and increasing rear-end limited number of fatal and serious crashes in their crashes (Thalji, 2010). However, the most important study. In other words, the authors spotlight the controversy was not mentioned: RLCs have been statistical difficulties of including the cost of associated with an increase in injury crashes. While fatalities,while ignoring the practical implications of the reported controversies are true, the public health such events. Consequently, their estimated annual concern with RLCs is the increase in injury crashes, crash cost savings of $38,845 per RLC site is and possibly fatal crashes, as explained in the overestimated since the cost of fatal crashes was following sections. excluded. Because we are continually being queried on our Using their data,the actual estimated cost of an research, we provide highlights of our findings in a angle injury crash was $82,816 before RLCs and question-and-answer format. Our purpose is to $100,176 after RLCs were implemented, as shown in communicate facts about RLCs by providing new Table 1. Instead of using these actual costs, the information and to answer questions frequently asked FHWA study used $64,468 for all angle injury by the news media. crashes. It appears they averaged the cost of angle injury crashes for the before and after RLC time What was learned about fatalities at RLC periods(excluding fatal crash costs),even though the intersections? cost of an angle injury crash was higher after RLCs In our original critique (Langland-Orban et al., were used. 2008), we faulted the research methods used in the As the Council et al. study(2005) is often cited Federal Highway Administration's (FHWA) analysis by RLC proponents, the findings should be titled Safety Evaluation of Red-Light Cameras reconsidered in terms of actual crash counts, in (Council, Persaud,Eccles,Lyon, and Griffith, 2005). addition to the percent changes reported. They report One FHWA official subsequently contacted us to that RLCs were associated with a 25% reduction in point out that we overlooked an important finding: angle crashes and a 15%increase in rear-end crashes. fatal crashes at RLC sites had increased, yet were However,because rear-end crashes are more frequent ignored in the related economic analysis. than angle crashes,the total number of crashes(angle Council et al. (2005, p. 68)report the percent of plus rear-end) was unchanged following RLC use. fatal angle crashes increased in the after-camera Further,the estimated reduction in injury crashes was period, as 0.5 percent of angle injury crashes were Florida Public Health Review,2011;8:1-9. 2 http://health.usf edu/publichealth/fphr/index.htm 1OE Table 1.Estimated Angle Injury Crash Cost by Council et al.(excluding fatal crashes)and the Actual Average Estimated Before Camera After Camera Cost of Angle %of %of Code Injury Severity Crash Total Weighted Cost Total Weighted Cost K Fatal $0 0.50% $0.00 0.80% $0 Incapacitating A Injury $120,810 7.70% $9,302 8.50% $10,269 B Non-severe injury $103,468 30.80% $31,868 37.40% $38,697 C Possible injury $34,690 61.10% $21,196 53.30% $18,490 Average(excluding cost of fatalities) 100% $62,366 100% $67,456 K Fatal $4,090,042 0.50% $20,450 0.80% $32,720 Actual Average(including cost of fatalities) $82,816 $100,176 • Garber, Miller, Abel, Eslambolchi, and 23 fewer definite injury crashes over 370 RLC site Korukonda (2007), using Empirical Bayes, years(i.e., 132 RLC sites over multiple years),which reported RLCs were associated with a is equivalent to each RLC site having one less significant increase in crashes, including definite injury crash every 16 years.Regardless, fatal angle crashes and injury crashes, three angle crashes increased following RLC use, as did fatalities, and no significant change in red the estimated cost of angle injury crashes.Despite the light running crashes. flaws in the assumptions and analysis, the FHWA • Synectics Transportation Consultants(2003) study(Council et al.,2005)continues to be posted on reported a two percent increase in fatal and the Federal Highway Administration web site as injury crashes at RLC sites, whereas purported evidence of RLC effectiveness (Federal comparison sites experienced a 12.7 percent Highway Administration,2010). decrease. • Washington and Shin (2005) reported no Of the seven studies identified by the NHTSA change in total crashes at RLC sites in compendium as the best observational RLC Phoenix, Arizona, and reported an 11% research,is there any consensus in the findings? decrease in total crashes in Scottsdale, There is convergence: none of the seven studies Arizona.However,the change in Scottsdale identified as the best in design and data in the was not significant as the confidence NHTSA's compendium (Decina et al., 2007) interval overlaps with that of the comparison statistically permit concluding RLCs provide a safety intersections (p. 90). Also, page 18 of their benefit. Further, three of the seven studies report report reveals the comparison sites were increases in injury crashes. The methods and actual distinctly dissimilar from the RLC sites. results from each of the seven observational studies Comparison sites averaged 0.82 crashes must be reviewed to understand what each found, as annually,whereas RLC sites averaged 33.77 the executive summaries are often misleading or crashes. Thus, the selection of comparison incomplete. The studies' findings are summarized sites in Scottsdale directly violates research below. standards required for internal validity • As discussed above, Council et al. (2005) pertaining to statistical regression and biases found that RLCs were not associated with a in differential selection of the comparison meaningful reduction in crashes or injuries, group (Campbell & Stanley, 1963, p. 5). particularly as fatal angle crashes increased Finally, the percent of fatal angle crashes in following RLC use,as did the estimated cost Scottsdale was higher at RLC sites than at of angle injury crashes. "all intersections" (p. 95), and their • Burkey and Obeng (2004) reported a economic analysis excluded the cost of fatal significant increase in crashes and "possible crashes since it was modeled after the injury"crashes. Council et al. study (2005), meaning the crash cost savings were overestimated. Florida Public Health Review,2011;8:1-9. 3 http://health.usf.eduipublichealth/fphr/index.htm , . . . 10E . QYA,A13 • The Butler (2001) study was not accessible crashes, citations are "endogenous," meaning to us; however, the NHTSA compendium officials responsible for issuing citations directly reported it but did not find a significant control the number issued. For example, Retting, safety benefit to cameras. Williams, Farmer, and Feldman (1999) studied • Cunningham and Hummer (2004) merged violations,not crashes.In contrast,Wahl et al. (2010) outcomes from RLC approaches with non- analyzed violations and crashes and found violations RLC approaches, meaning their findings are decreased following RLC use, but crashes did not, not specific to RLC sites. meaning RLCs were ineffective in reducing crashes. More recently, an analysis published in the Also, Lum and Wong (2003) studied stopping Journal of Trauma (Wahl et al., 2010) reported an propensity at yellow lights, without analyzing the RLC program was ineffective in producing a safety association between stopping propensity and crashes. benefit. The authors suggested alternative It is not possible to make conclusions about safety interventions should be pursued. associated with RLCs if the impact on crashes and 1 injuries is not evaluated. Some studies are reported to use "unscientific" research methods.What does this mean? Is there an economic incentive in using RLCs? The NHTSA's compendium (Decina et al., RLC vendors and government entities clearly 2007) criticized some RLC review studies for failing can receive an economic benefit from cameras, in to control for other sources of variation in the addition to automobile insurance companies that use outcome measure. The criticism stems from these RLC tickets as a basis for increasing a driver's studies failing to account for other factors that can insurance rate. However, RLCs are merely an increase or decrease crashes, such as changes in expense for motorists.Even if using the FHWA study traffic volume or a long running time trend of (Council et al, 2005), which estimated annual crash declining injury crashes. A common error among cost savings per RLC site as $38,845 (excluding the inexperienced researchers is to make simple before cost of fatal crashes), it affirms RLCs are and after comparisons.Decina et al.(2007)identified economically disadvantageous to motorists. The the following RLC review studies as violating this estimated savings must be considered relative to the research tenet, meaning these reports should not be cost to motorists to achieve the savings.For example, used in RLC decision making: in Temple Terrace, Florida, RLCs were installed in • Cochrane Collaboration (Aeron-Thomas & two directions at two intersections,for a total of four Hess,2005); RLC sites. If believing the estimated annual savings • Transportation Research Board (McGee & of$38,845 per site, the annual estimated crash cost Eccles,2003); savings to Temple Terrace drivers and/or their • Traffic Injury Prevention (Retting, insurance companies would be $155,380 ($38,845 Ferguson,&Hakkert,2003); per site, multiplied by four sites). In the first year, • Road and Transport Research (Hakkert & 21,000 RLC tickets were issued in Temple Terrace, Gitelman,2004);and primarily to drivers making right turns (Shopes, • Proceeding from Transportation Research 2009; Cohn, 2009). At $125 per citation, the cost Board conferences (Flannery & Maccubbin, assessed to ticketed drivers was $2.6 million, which 2002; Persaud, Council, Lyon, Eccles, & greatly exceeds the estimated crash cost savings of Griffith,2005). $155,380. This difference is an extremely adverse To illustrate the importance of including cost-to-benefit relationship for affected motorists, meaningful variables in a study,Table 2 provides the particularly as crashes were reported to increase at variables integrated into each of the five analyses that Temple Terr ace RLC sites. The use of RLCs has a we critiqued in 2008. The studies that integrated double negative effect for motorists, as they are put relevant independent variables in the analysis found more at risk for both a fine and a crash. RLCs were associated with increases in crashes and Citations can become a taxation method. A injuries. This reveals the complexity of conducting study by the Federal Reserve Bank of St. Louis public health research because an outcome can be evaluated ticketing in North Carolina over a 14-year incorrectly attributed to an intervention if variables period, and found the issuance of tickets increased in necessary to explain the outcome are excluded. the year following a decline in municipality revenues. Another type of research flaw in some RLC The authors concluded tickets are not just used for studies is the use of a process measure, such as public safety,but also to generate revenue(Garrett& violations or traffic citations, instead of an actual Wagner, 2006). As a taxation method, RLCs are safety outcome, e.g., crashes or injuries. Unlike highly inefficient due to the large percentage of revenues that accrues to private out-of-state vendors, Florida Public Health Review,2011;8:1-9. 4 http://health.usf.edu/publichealth/fphr/index.htm 4 P 10E which diminishes funds available within a is the following distance guide recommended in the community for investments and/or consumer Official Florida Driver's Handbook (Department of purchases, thereby reducing the volume of money Highway Safety and Motor Vehicles, 2010). flowing through local businesses. However, since the range for driver reaction times to Due to the adverse cost-to-benefit relationship braking includes two seconds, the trailing driver's for motorists, citizens in some communities have brakes can engage at or beyond the same place on the placed referendums on local ballots, allowing voters road where the forward vehicle's brakes engaged,and to decide on banning RLCs in their community. For a rear-end crash is likely to occur if the trailing example, in November 2010, voters in Houston, vehicle requires a longer stopping distance. The Texas,voted to ban RLCs,which had produced more forward driver's ability to quickly stop affects the than $44 million in fines from 2006 to 2010 distance available to trailing drivers, making abrupt (Pinkerton&Olson,2010). stops hazardous. If RLCs are associated with large increases in Why would RLCs not reduce red light running rear-end crashes, does this imply that drivers are crashes? following too closely? Of the seven studies identified as best in the Rear-end crashes can occur even when trailing NHTSA compendium, only Garber et al. (2007) drivers are abiding by speed limits and following specifically analyzed crashes caused by red light distance guides, which is explained using Florida's running,as the others used the broader category of all rear-end presumption law and the mathematics angle crashes, regardless of the cause. Using EB underlying rear-end crashes. Since 1958,Florida case analysis, Garber et al. found no significant change in law holds a rebuttable presumption that the trailing red light running crashes at RLC sites. A possible driver in a rear-end collision is the sole cause of an explanation is that the majority of red light running accident(McNulty v. Cusack, 1958). One established crashes result from unintentional, rather than rebuttal to this presumption is abrupt and arbitrary intentional, red light running. For example, when braking in accelerating traffic. The Florida Supreme intentional red light running occurs immediately after Court ruled: "Abrupt and arbitrary braking in the signal changing to red, cross traffic has not been bumper-to-bumper, accelerating traffic is an released and the likelihood of a crash is low. In irresponsible and dangerous act that invites a contrast, unintentional red light running is hazardous collision...It is a sudden stop by the preceding driver because cross traffic can be in the intersection when 1 at a time and place where it could not reasonably be the infraction occurs. The failure of RLCs to reduce expected by the following driver that creates the red light running crashes is consistent with crashes factual issue" (Eppler v. Tarmac America, Inc., occurring from unintentional red light running. 2000). Further, the Garber et al. (2007) study reveals that This ruling acknowledges the hazards of abrupt angle crashes are not a good proxy for red light stops. Unfortunately, RLCs encourage abrupt stops, running crashes since they found red light running which are not always anticipated by trailing drivers. crashes did not significantly change at RLC sites, Abrupt braking is dangerous because drivers attempt whereas angle crashes significantly increased. to stop as quickly as possible, yet drivers need Understanding root causes of red light running different distances to stop due to differences in driver crashes (e.g., intentional versus unintentional reaction times and in distances needed by different infractions, driving under the influence, or traffic types of vehicles to stop. signal or intersection defects)is necessary to advance Stopping has three basic steps: (1) the driver's remedies that are specific to the problem.In contrast, perception time to changing road conditions that RLC advocates presume red light running crashes require braking followed by the reaction time to occur from willful red light running. initiate braking, (2) the vehicle response time to engage the brakes,and(3)the distance needed to stop Does a mutually agreeable resolution exist among once the brakes engage, which is determined by RLC proponents and opponents? speed,road conditions,vehicle type, and tire quality. When the Centers for Disease Control and The total time for driver perception and reaction can Prevention (CDC) identified motor vehicle safety as range from about one to two seconds,which means a one of the top 10 public health accomplishments of trailing driver closes the distance to the forward the 20th Century, it was, in part, attributed to the vehicle in the process of braking, before their brakes federal government being given the authority in 1966 engage. Vehicles are separated by two seconds of to advance safety by establishing standards for roads driving time if using the "Two Second Rule," which and intersections(CDC, 1999).The Federal Highway Florida Public Health Review,2011;8:1-9. 5 http://health.usf.edu/publichealth/fphr/index.htm 1UE Table 2.Variables Included in RLC Evaluations Critiqued in 2008 Found RLCs Associated with Increased Reported a Safety Crashes/Injuries Benefit to RLCs Burkey& Garber Council Retting& Obeng et al.* Synectics* et al. Kyrychenko One volume Average daily traffic volume X X X used for all time periods Amber(yellow)signal time X X Set per regulations Speed limit on major road X X Left turn lanes on road X X Through lanes on number of lanes X X Time X(month) X(year) Percent of trucks on major road X All-red clearance interval X Right turn lane X Sidewalk at intersection X Solid median at intersection X Pedestrian signal at intersection X No left or right turn on red signs X Snow X Precipitation X *Garber et al.and Synectics Transportation Consultants accounted for intersection geometry in selecting comparison intersections,therefore their statistical analysis did not need to incorporate these(control)variables. Florida Public Health Review,2011;8:1-9. 6 http://health.usf.edu/publichealth/fphr/index.htm 10E , 3 Administration's Manual on Uniform Traffic Control running crashes,"and provides a link to the Insurance Devices (2009) establishes standards to achieve Institute for Highway Safety's web site, which is an uniformity in traffic control throughout the nation. association funded by automobile insurance Federal standards are needed regarding RLC companies. Oddly, the FHWA web site does not programs to assure intersection safety, even though reference the two studies identified as among the best RLCs were not found to be an evidence-based safety RLC studies in the NHTSA compendium (Decina, intervention in studies identified as the best RLC 2007), which adhered to scientific research methods. research (Decina et al., 2007). Such standards would Both concluded RLCs were associated with increases not preclude states from enacting laws that prohibit in crashes and injuries. They were conducted in the use of RLCs, as some states have already done: Virginia (Garber et al., 2007) and North Carolina Maine, Mississippi, Montana, Nevada, New (Burkey & Obeng, 2004). In 2008, by email, we Hampshire, West Virginia, and Wisconsin suggested the FHWA include these studies on their (Copeland, 2010), or establishing more stringent web site. An email response was received from the standards regarding yellow light timings, as occurred FHWA's Office of Safety Design (D. Warren, in Georgia. personal communication, June 13, 2008), which Instead of establishing standards for RLCs, the stated the following intentions: FHWA and NHTSA (2003) issued "guidelines" that recommend an engineering analysis and We intend to add links to technical reports on this improvements prior to considering RLCs, but did not topic that were prepared using federal funds mandate such. Consequently, RLCs can be used at including the Virginia and North Carolina reports intersections with engineering defects, which, if you mentioned as well as a recent worldwide critical corrected,would all but eliminate red light running.It evaluation of results published by NHTSA. is a false dichotomy to assume the existence of only two alternatives,to either do nothing or use RLCs,as Although this response was sent more than two the evidence-based remedy is to make engineering years ago,the FHWA web site has not been modified improvements, particularly lengthening yellow light to include the two credible studies. timings. A parallel problem has emerged with the use of As reported in the Office of the House Majority speed cameras, suggesting a need for improved Leader's report (2001), federal standards for traffic federal standards to assure speed limits are correctly signal timings were relaxed in 2000, allowing for set. The FHWA official who contacted us also shorter yellow light timings while permitting the use informed us that, similar to RLCs, roadway of enforcement (tickets) and making the all-red engineering can be manipulated to increase speed clearance interval optional. These changes were camera tickets by setting speed limits that are less contrary to accepted safety standards, but necessary than what safety requires. The FHWA official to allow RLC programs to be profitable,as well as to explained this increases the percentage of people who create the appearance of an epidemic of red light are defined as speeders, thereby increasing the running for the public. The former standards must be number of speed camera tickets issued as drivers restored and strengthened if the goal is to maximize choose speeds perceived as safe,not always attending public safety. to changes in posted speed limits. RLC proponents have said they agree with It is important for the public at large and federal, correctly engineered intersections. If true, they state, and local officials to understand that motor should also agree with restoring the former standards vehicle safety is advanced through evidence-based and requiring an engineering analysis, with any methods. Attempts to generate revenue through indicated improvements, prior to consideration of traffic citations are directly contrary to public safety RLCs. Further, full disclosure of the number of"red since infractions are increased by improper roadway light running" crashes at an intersection, as a engineering, creating hazards and expense for the consideration for implementation of RLCs,should be public. required to prohibit the obfuscation that occurs by reporting angle crashes or total crashes, as the References majority are typically unrelated to red light running. Aeron-Thomas, A.S., & Hess, S. (2005). Red- At present, the Federal Highway light cameras for the prevention of road traffic Administration's(FHWA)web site,titled "Red Light crashes (Review). The Cochrane Collaboration. John Cameras/Automated Enforcement" (2010), creates Wiley&Sons,Inc. confusion about RLC effectiveness. The FHWA web Burkey M., & Obeng K.A. (2004, July). A site states RLCs reduce the "number of red light detailed investigation of crash risk reduction Florida Public Health Review,2011;8:1-9. 7 http://health.usf.edu/publichealth/fphr/index.htm 1,9k(?). . . 10E resulting from red light cameras in small urban areas Federal Highway Administration. (2010). Red (Report Number DTRS93-G-0018). Urban Transit light cameras/automated enforcement. Retrieved Institute. North Carolina Agricultural & Technical October 20, 2010 from State University(prepared for the U.S.Department of http://safety.fhwa.dot.gov/intersection/redlight/camer Transportation). as/. Campbell, D.T., & Stanley, J.C. (1963). Federal Highway Administration(2009).Manual Experimental and quasi-experimental designs for on Uniform Traffic Control Devices, Washington research.Boston.Houghton Mifflin Company. D.C. Retrieved October 20, 2010 from Centers for Disease Control and Prevention. http://mutcd.fhwa.dot.gov/pdfs/2009/mutcd2009editi (1999, May 14). Achievements in public health, on.pdf. 1900-1999 motor-vehicle safety: A 20th century Federal Highway Administration and National public health achievement. Morbidity and Mortality Traffic Safety Administration. (2003). Guidance for Weekly Report, 48, 369-374.Retrieved April 8, 2008 using red light cameras. Washington D.C. Retrieved from October 20, 2010 from http://www.cdc.gov/mmwr/preview/mmwrhtml/mm4 http://www.nhtsa.gov/people/injury/enforce/guidance 818a1.htm. 03/Guidancereport.pdf. Cohn,A.(2009,November 9).Investigation:Are Flannery, A., & Maccubbin, R. (2002). Using one community's red light cameras effective? ABC meta analysis techniques to assess the safety effect of Action News, Tampa, FL. Retrieved November 10, red light running cameras. Paper presented at the 2009 from Transportation Research Board Conference, http://www.abcactionnews.com/news/local/story/INV Washington,DC. ESTIGATION-Are-one-communitvs-red- Garber N.C.,Miller J.S.,Abel R.E.,Eslambolchi light/fNEW9IsGTEaeEp2V8PZwYO.cspx. S., & Korukonda S. (2007). The impact of red light Copeland, L. (2010, January 18). Communities cameras (photo-red enforcement) on crashes in put a halt to red-light cameras. USA Today.Retrieved Virginia. (FHWA/VTRC/ 07R2). Virginia November 9, 2010 from Transportation Research Council. Charlottesville, http://www.usatoday.com/news/nation/2010-01-17- Virginia. Retrieved October 20, 2010 from red-light_N.htm. http://www.virginiadot.org/vtrc/main/online reports/ Council,F.M.,Persaud,B.,Eccles,K.,Lyon, C., pdf/07-r2.pdf. & Griffith, M. S. (2005). Safety evaluation of red Garrett, T.A., & Wagner, G., (2007, July). Red light cameras (FHWA HRT-05-048). U.S. ink in the rearview mirror: Local fiscal conditions Department of Transportation. Federal Highway and the issuance of traffic tickets. Federal Reserve Administration. Washington D.C. Retrieved October Bank of St. Louis. Retrieved October 20, 2010 from 20, 2010 from http://research.stlouisfed.org/wp/2006/2006-048.pdf. http://www.fhwa.dot.gov/publications/research/safety Hakkert, A.S., & Gitelman, V. (2004). The /05048/05048.pdf. effectiveness of red-light cameras: A meta-analysis Cunningham, C.M., & Hummer, J.S. (2004). of the evaluation studies. Road and Transport Evaluating the use of red light running photographic Research,13(4),34-50. enforcement using collisions and red light running Langland-Orban, B., Pracht, E.E., & Large, J.T. violations. Institute for Transportation Research and (2008). Red light running cameras: Would crashes, Education,North Carolina State University. Raleigh, injuries and automobile insurance rates increase if North Carolina. they are used in Florida? Florida Public Health Decina, L.E. Thomas, L., Srinivasan, R., & Review, 5, 1-7. Retrieved October 20, 2010 from: Staplin, L. (2007). Automated enforcement: A http://hsc.usf.edu/NR/rdonlyres/C1702850-8716- compendium of worldwide evaluations of results. 4C2D-8EEB- (DOT HS 810 763).National Highway Traffic Safety 15A2A741061A/0/2008pp001008OrbanetalRedLight Administration.Washington D.C. PaperMarch72008formatted.pdf. Department of Highway Safety and Motor Large, J.T, Orban, B., & Pracht, E., (2008). Vehicles. (2010). Official Florida Driver's Letter: Analysis violates principles of sound research Handbook. Tallahassee, FL. Retrieved August 16, and public health evaluation (in response to R.A. 2010 from Retting and S.A. Kyrychenko's Reductions in injury http://cdn.nationalsafetycommission.com/handbooks/ crashes associated with red light camera enforcement 2010/florida_driver_2010.pdf. in Oxnard, California). American Journal of Public Eppler v. Tarmac America, Inc., 752 So. 2d at Health. Retrieved October 20, 2010 from 595-96(Fla 2000). http://www.aiph.org/cgi/eletters/92/11/1822. Florida Public Health Review,2011;8:1-9. 8 http://health.usf.edu/publichealth/fphr/index.htm 10E Lum, K.M., & Wong, Y.D. (2002). A study of behavior and reduce crashes?Journal of Trauma. 68, stopping propensity at matured red light camera T- 515-518. intersections.JSafety Res.33,355-369. Washington, S., & Shin, K.. (2005). The impact McGee,H.W.,&Eccles,K.A. (2003). Impact of of red light cameras (automated enforcement) on red light camera enforcement on crash experience—a safety in Arizona (FHWA-AZ-05- 550). Arizona synthesis of highway practice (NCHRP Synthesis Department of Transportation,Phoenix,Arizona. 310). Transportation Research Board. Washington, DC. McNulty v. Cusack, 104 So.2d 785 (Fla. 2nd Barbara Langland-Orban(borban @health.usf.edu)is DCA 1958). Office of the Majority Leader, U.S. House of Associate Professor,John T.Large Representatives (2001). The red light running crisis: (ilare(ahealth.usf.edu)is Assistant Professor,and Is it intentional? Retrieved October 20, 2010 from Etienne E.Pracht(epracht@health.usf.edu)is Associate http://www.thenewspaper.com/rlc/dots/finalreport.pd Professor,Department of Health Policy and f. Management,University of South Florida College of Persaud,B., Council,F.,Lyon,C.,Eccles,K.,& Public Health,Tampa,Florida.This paper was Griffith, M. (2005). A multi jurisdictional safety submitted to the FPHR on May 6,2010,revised and evaluation of red-light cameras. Presented at the resubmitted,and accepted for publication on February annual meeting of the Transportation Research 3,2011.Copyright 2011 by the Florida Public Health Board,Washington,DC. Review. Pinkerton, J. & Olson, B. (2010, November 4). ELECTION 2010 City won't yield yet on cameras Red-light monitoring to continue until strategy to exit contract is ready; Cameras: Council warned to act fast.Houston Chronicle. 1A. Retting, R.A., Ferguson, S.A., & Hakkert, A.S. (2003).Effects of red light cameras on violations and crashes: A review of the international literature. Traffic Injury Prevention,4, 17-23. Retting R.A. & Kyrychenko S.Y. (2002). Reductions in injury crashes associated with red light camera enforcement in Oxnard,California.American Journal of Public Health, 92, 1822-1825. Retting, R.A., Williams, A.F., Farmer, C.M., & Feldman, A. F. (1999). Evaluation of red light camera enforcement in Oxnard, California.Accident Analysis&Prevention, 31,69-174. Shopes, R. (2009, November 29). Red Light Fines Rolling in for Temple Terrace, St Petersburg Times(FL),p. 1B. Smyth, L., (2008, June/July). Blinded by the light: Is there confusion surrounding red light enforcement? Traffic Technology International. 18- 23. Synectics Transportation Consultants (2003, December). Final technical report: Evaluation of final red light camera pilot project. Prepared for the Ontario Ministry of Transportation. Thalji, J. (2010, December 29). Poll: Yes to red light cameras.St. Petersburg Times(FL),p 1A. Van Sickler,M. (2010, April 25). A USF traffic camera brawl.St. Petersburg Times(FL),p. 1B. Wahl, G.M., Islam, T., Gardner, B., Marr, A.B., Hunt,J.P.,McSwain,N.E.,Baker,C.C.,&Duchesne, J. (2010). Red light cameras: Do they change driver Florida Public Health Review,2011;8:1-9. 9 http://health.usf.edu/publichealth/fphr/index.htm P 1OE Counterpoint: The Insurance Institute for Highway Safety Study Actually Found Cities Using Red Light Cameras Had Higher Red Light Running Fatality Rates Barbara Langland-Orban, PhD, Etienne E. Pracht, PhD,John T. Large, PhD ABSTRACT In February 2011, the Insurance Institute for Highway Safety (IIHS) disseminated their research study that compared red light running traf is fatality rates between cities that implemented red light camera(RLC)programs with cities that did not. The IIHS researchers concluded cities that used RLCs had a significantly larger percentage reduction in both red light running(RLR)fatality rates and total fataliOr rates at signalized intersections.Because a previous IIHS study on RLCs was found to use flawed research methods, as well as to incorrectly report findings,the current IIHS RLC analysis is reviewed for adherence to scientific methods. Our review reveals the 2011 IIHS study is logically flawed and violates basic scientific research methods that are required for a study's findings to be valid. It has neither internal nor external validity. More importantly, the IIHS did not fully explain the results of its analysis. Correctly interpreting its model's results actually shows that cities using RLCs had an estimated higher rate of red light running fatalities, specifically 25%, than cities that did not use RLCs in the period "after" cameras were used. Further, the IIHS study was only able to make statements suggesting favorable results from the use of RLCs due to the biased selection of sampled cities. The red light running fatality rate as well as the total fatality rate at all signalized intersections in cities that used cameras was higher in both the "before"and "after" time periods,which affirms that superior interventions exist.Also,we explain the IIHS'financial conflict of interest regarding photo enforcement. Florida Public Health Review,1011;9, 1-8. Background Report(2001) entitled The Red Light Running Crisis: In February 2011, the Insurance Institute for Is It Intentional? The report explained that when Highway Safety(IIHS)disseminated their study that yellow light timings are correctly set at concluded cities with red light camera (RLC) intersections, red light running is a relatively programs experienced a greater percent reduction in infrequent occurrence. However, for RLC programs their red light running(RLR) fatality rate and, to a to be profitable, it is necessary to shorten yellow lesser extent, in their total fatality rate at signalized light timings to create a larger "dilemma zone" intersections, relative to cities that did not where drivers cannot stop in time and hence receive implement RLC programs (Hu, McCartt, & Teoh, a ticket for entering the intersection on a red light. 2011). In contrast to this IIHS conclusion, Further, RLCs can encourage drivers to stop Langland-Orban,Large and Pracht(2011)published abruptly in attempts to avoid a ticket, which is a an analysis that summarized studies identified as the hazardous driving action that is known to increase best designed RLC research in a National Highway rear end crashes. The Majority Leader's Report also Traffic Safety Administration (NHTSA) explained that, in 1994, the Institute of compendium (Decina et al, 2007). Most of these Transportation Engineers (ITE) recommended that studies found that fatalities at RLC sites occurred in when red light running is a problem at an larger number than at comparison sites, thereby intersection, the yellow light timing can be yielding conclusions directly contrary to the 2011 lengthened (the prevailing standard), or IIHS study. A major difference is that the studies, alternatively, enforcement (tickets) can be used (a classified as best designed,had evaluated actual RLC new provision). This change to permit enforcement sites and adjusted for traffic volume, whereas the was endorsed by the Federal Highway IIHS study analyzed city-wide data, not specific to Administration in 2000, which allows for creating camera sites. "dilemma zones" at signalized intersections that are The controversy surrounding RLCs was associated with red light running and thus increase disclosed in the Office of the Majority Leader's RLC tickets. Because the IIHS findings on the association between RLCs and fatalities is contrary to the RLC Florida Public Health Review,2012;9, 1-8. 1 http://health.usfedu/publichealth/fplulindex.htm . . 1OE $40 studies classified as best designed in the NHTSA fatalities should be ignored in RLC analyses compendium, the 2011 IIHS study is reviewed here because they are an infrequent outcome and for adherence to basic research methods, which are result from issues associated with "occupant required for valid conclusions to be drawn. It should age, restraint use, and the type and size of be noted that a previous IIHS study on RLCs vehicles involved" The IIHS study likewise (Retting & Kyrychenko, 2002) was found to have did not consider these FHWA-cited factors, used flawed research methods, as well as to which are associated with fatalities. By incorrectly report findings, rendering the findings excluding factors known to be associated invalid (Burkey & Obeng, 2004; Large, Orban, & with fatalities, the IIHS study likely suffers Pracht,2008). In addition,the IIHS financial conflict from omitted variables bias (i.e., under- of interest regarding photo enforcement is specification). Unless the excluded variables explained. were statistically independent from those that were included, the influence of the Critique of the IIHS Methods former will be,incorrectly,attributed to the The IIHS analysis included 14 cities that used latter. camera programs and compared them with 48 cities (2) Two of their explanatory variables ("land that did not. The "before period" was defined as the area" and "persons per square mile")are not combined years of 1992-1996 when none of the 62 established factors associated with motor cities had cameras.The"after period" was defined as vehicle crashes or fatalities and have not the years 2004-2008. The 14 "camera" cities were been used in other RLC research. Whereas reported to have used RLCs at some sites variable selection is to some extent throughout this five-year period, whereas the 48 subjective, a clear theoretical explanation comparison cities never used RLCs. for a variable's inclusion must be provided. The IIHS study developed two Poisson If no theoretical basis exists for including regression models.The first model,reportedly, used variables, they should be left out of the red light running (RLR) fatalities per 100,000- model since their inclusion can alter population as the outcome measure (dependent and (distort)the findings. This is especially true continuous variable). The second model reportedly because the authors found no statistical used fatalities per 100,000-population at signalized significance for these factors. intersections (also a continuous variable).The use of (3) Assuming that the dependent variable for the word "reportedly" is explained below in facts 4 each model is defined as reported, some and 5. The determinants (independent variables) variables are included more than one time, used to estimate each outcome were as follows: making them redundant. For example, • Land area in square miles population is the denominator in both • Thousands of persons (population) per outcome measures reported (e.g., fatalities square mile per 100,000-population), as well as a • "After" camera period (0 — 1992-1996; 1 —_ numerator in the variable "population per 2004-2008) square mile." Further, land density is an independent variable and is also used in a • Camera cities (0 = never used cameras; 1 = second independent variable "population cameras in 2004-2008) per square mile." This introduces the • Interaction between "after" camera period problem of multi-collinearity, meaning and camera cities variables used in the model are highly Five facts are immediately apparent about the correlated and coefficient estimates, such as research design, which jeopardize the internal and the association between cameras and external validity of their findings. fatalities, can be inaccurate as a (1) The Poisson regression models excluded determinants known to be consequence. variables (determinants) (4) The authors report their dependent associated with traffic fatalities, such as variables as rates (e.g., fatalities per changes in public policies or engineering 100,000-population), which are defined as improvements made during or between the continuous. They then proceed with study periods. For example, some states, Poisson regression which is designed for e.g., Florida, repealed their motorcycle count data (not rates). If these first four helmet law between the two time periods, points appear confusing, it stems from the which was associated with increased authors' erroneous use of variables and fatalities. It is noteworthy that the Federal descriptions. The review will proceed Highway Administration's RLC study assuming that the dependent variables were (Council et al., 2005) suggested that actual counts. Florida Public Health Review, 2012;9, 1-8. 2 http://health.usfedu/publichealth/fphr/index.htm • • l%1_ 7,,1 (5) If the use of a Poisson regression is selected to be similar to the treated group, in this appropriate and the dependent variable is case "camera cities." The fact that the two groups indeed a discrete number (i.e., count data) have a large difference in fatality rates in the then the correct interpretation of the "before" period reflects bias in the selection of the estimated coefficients is "a change in the comparison group, which jeopardizes the validity of number of fatalities, holding the population the findings(Campbell&Stanley, 1963). density and land area constant." This is, of Further, the IIHS included cities that had course, qualitatively and quantitatively extreme fatality rates. Extreme rates, whether high different from a percentage change in the rate or low, may regress toward the mean (the average) of such fatalities. Examination of the absent any intervention,meaning high rates may fall "before" camera period data illustrates the over time while low rates may rise. Extreme rates importance of this distinction.About 93%of may also indicate the presence of factors that are all camera cities had at least seven fatal unique to the particular observations. For example, RLR accidents in the 1992-1996 period, within the context of the IIHS study, an extremely with most having substantially higher high rate in a particular city may be explained by numbers. In contrast, 56% of the non- yellow light intervals that are systematically shorter camera cities had six or fewer RLR on average compared to the remaining cities in the fatalities. The authors of the IIHS study analysis. ignored the fact that the non-camera cities Scientific research methods allow for including had substantially fewer RLR related sites with extreme rates; however, the comparison fatalities in the "before" period, when sites must be selected to be similarly extreme, cameras were not used in any of the 62 whether high or low (Campbell & Stanley, 1963). studied cities. Of even greater impact, 23% Instead, the extremes are dissimilar because 26 of the non-camera cities had two or fewer (54%) of the 48 comparison (no-camera) cities have (including zero) such accidents. Because no RLR fatality rates per 100,000 population that were city can improve its fatality rate if it is less than 0.4 in the"before"period;two of which had already zero, the simple fact is that the a rate of zero, making a reduction impossible. In "number" in particular, and by extension contrast, only one of the 14 cities using cameras the "percentage change in the rate," of (7%)had a rate less than 0.4. fatalities had much less room for A specific case in point of an extreme was improvement in the non-camera cities. Phoenix, a camera city. Its status as an outlier is illustrated by the fact that it had an RLR fatality Review of the IIHS Findings rate of 1.82 per 100,000 population in the "before" Ignoring the obvious problem relating to the period, which is almost four standard deviations use of "percentage change in rate" as discussed above the average of the sample. The Phoenix rate above,the following provides a more detailed review declined to 1.01 in the "after" period. The inclusion of the results and interpretations.Table 1 provides a of Phoenix reflects further selection bias due to its portion of Table 1 from the IIHS results. The IIHS extremely high fatality rate,which is then compared reported that cities using RLCs had a larger percent with cities that already have low fatality rates and reduction in red light running fatality rates. This then ultimately reporting the findings as percent misrepresents their findings. Cities that used RLCs changes only. According to the IIHS study results, had a substantially higher rate of red light running Phoenix had a 45%decrease in its red light running fatalities in both time periods, "before" and "after" fatality rate. It is noteworthy that the average camera use, relative to cities that did not use RLCs "before" rate in the non-camera cities was 0.4, or, (point 5). Similarly, cities that used RLCs had a stated differently, the Phoenix "before" period rate higher fatality rate at signalized intersections than was over 300% higher compared to the non-camera cities that did not use them, in both time periods. city average.Given its starting position,interpreting Cities starting from a higher absolute base can show a 45% decrease as evidence of RLC effectiveness is greater relative improvement than those already faulty because the fatality rate of 1.01 in the "after" performing well, even in the absence of an period is still extraordinarily high and 2.7 standard intervention, hence the larger percentage rate deviations higher than the sample average. change in the"camera cities." The dynamic of bias described above permeates Table 1 also reveals that the IIHS method for the interpretation of the regression results as selecting comparison cities violated research revealed in Table 2, which replicates Table 2 from methods since the comparison cities (no RLC use) the IIHS study, reporting the results from their averaged much lower fatality rates in the "before" statistical analysis of RLR fatalities per 100,000 period, relative to camera cities. Scientific research population. methods require that the comparison group is Florida Public Health Review,2012;9, 1-8. 3 http://health.usfledu/publichealth/fphr/index.htm . . 1OE The IIHS researchers wrote the following about establishment," which was focused on defending the cities: "The rate of fatal red light running crashes business interests and profits, while subjugating between 1992-96 and 2004-08 was reduced by an evidenced-based interventions that reduce injuries estimated 16 percent (Cexp(-0.1709-13x100)for cities and fatalities. He wrote, "Under existing business without camera programs and by an estimated 36 percent values,potential safely advances are subordinated to other (Cexp(-0.1709-0.2809-13x100) for cities with investments,priorities,preferences,and themes designed to cameras." This is a favorable presentation of the maximize profit. findings, but distorts actual results because the Nader(1965)described the private"traffic safety authors excluded the estimate for the"camera cities" establishment" as focusing exclusively on driver variable,which is both large and positive. behavior, instead of engineering improvements that Table 8 presents our interpretation of their are associated with the prevention of crashes and results and summarizes the percent differences, injuries.Nader explained that crashes resulting from estimated relative to the base case. The base case is engineering defects of automobiles can be imputed to the"before"period in cities not using cameras.Thus, drivers, which is also true of roadway engineering cities using cameras had an estimated 65% higher defects,such as yellow light timings that are set too rate of red light running fatalities in the "before" short, thereby forcing red light running. Nader period. This extreme starting position undoubtedly explained the myopic focus of the private "traffic impacts the ending position. Cities not using safety establishment"as follows: cameras had an estimated 16% decrease in the RLR Today almost every program is aimed at the fatality rate in the"after"period,despite the fact that driver — at educating him, exhorting him, some started with a rate of absolute zero. Both of watching him, judging him, punishing him, these findings are, nonetheless,correctly reported in compiling records about his driving violations.. the IIHS report. However, cities that used cameras had an estimated 5% higher fatality rate in the Although published in 1965, this is an accurate "after" period relative to the base case, a finding not description of photo enforcement programs. reported by the IIHS researchers, albeit this Nader also explained why automobile insurance difference is unlikely to be statistically significant. companies are ambivalent about reducing crash The important question is what was the costs. First, insurance companies are able to gain difference between cities using vs.not using cameras approval from state regulators to raise insurance in the "after" camera period? The "after" period premiums to cover higher losses, making them estimate (-0.17) is the same for both groups. Thus, indifferent about loss prevention, since increased the difference between the two groups is the "cities losses justify increased premiums, passing higher with cameras" estimate (0.4998) plus the crash costs on to drivers. Second, automobile "interaction" estimate (-0.28). Thus, cities using insurance companies earn more profit from cameras are estimated to have a 25%higher red light investment income (investing premiums collected running fatality rate [(EXP(0.4998-0.28))-1] in the from drivers) than from underwriting activities. "after" period relative to cities not using cameras, Thus, higher premiums produce more money to despite the greater reported percent reduction in the invest and hence more profit for insurance former. The authors' incorrect conclusions were companies. based on the interaction effect only and not the The importance of these principles is evidenced result from both the main effect(cities with cameras) in the average automobile insurance rate change that and the interaction effect. occurred nationwide in 2009. From 2004 to 2008, the annualized rate of premium increase was about Understanding the IIHS Conflict of Interest 3.2%, consistent with inflation (U.S. Department of The IIHS is supported and funded by Labor, Bureau of Labor Statistics, 2008). In 2008, automobile insurance companies and associations, the real estate bubble burst and the U.S. stock and their financial interest in traffic tickets and market crashed, with average stock market returns ambivalence toward lowering crash costs were being down over 37% (Anspach, 2011). This loss explained nearly 50 years ago by Ralph Nader, an may explain the large increase in automobile expert on traffic safety. In Nader's landmark book, insurance premiums in 2009, which jumped by Unsafe at Any Speech The Designed in Dangers of the double digits across all states. For example, average American Automobile, a chapter titled "The traffic automobile insurance rates in Florida increased by safety establishment:Damn the driver and spare the car," 58%, averaging $1,055 in 2008 and $1,668 in 2009 explained the IIHS interests.Nader(1965)described according to www.insurancelevel.com (2010) and the IIHS as part of a private "traffic safety Florida Public Health Review,2012;9, 1-8. 4 http://health.usfedu/publichealth/fphr/index.htm . . . 10E ),)'\11\(A\ Table 1.Table 1 from the IIHS Study- Average Annual per capita Rates of Fatal Red Light Running Crashes and All Fatal Crashes at Signalized Intersections for Cities with and without Red Light Camera Enforcement Programs, 1992-96 and 2004-08 14 cities with 48 cities without camera programs camera programs 1992-96 2004-08 Percent 1992-96 2004-08 Percent change change Average annual population(million) 9.02 10.08 11.7 17.07 19.08 11.7 Average annual rate of fatal red light running 7.16 4.66 -34.9 4.79 4.10 -14.4 crashes per million population Average annual rate of all fatal crashes at 16.38 14.02 -14.4 13.02 13.27 1.9 signalized intersections per million population Table 2:Table 2 from the IIHS Study- Poisson Model of the Effects of Red Light Camera Enforcement on Average Annual per capita Rate of Fatal Red Light Running Crashes Parameter Estimate Standard error p value Intercept 1.7050 0.1547 <0.0001 * Land area in square miles 0.0001 0.0003 0.6391 Population density(thousands of persons per square mile) -0.0371 0.0191 0.0527 After period(2004-08)vs.before period(1992-96) -0.1709 0.0678 0.0117* Cities that implemented red light cameras vs.cities that did not 0.4998 0.1436 0.0005* Interaction of study period and city group -0.2809 0.1079 0.0092* Table 3:Summary of Percent Differences Estimate -0.17 0.4998 -0.28 Before=0 No Camera=0 After&camera= 1 Period Cameras After= 1 Camera= 1 All other cases=0 %Difference Before No 0 0 0 Before Yes 0 0.4998 0 0.65 After No -0.17 0 0 -0.16 After Yes -0.17 0.4998 -0.28 0.05 Florida Public Health Review,2012;9, 1-8. 5 http://health.usfedu/publichealth/fphr/index.htm . . 1 E 1 \y ) www.Carinsurance.com (2011). Thus, auto "recurrent practice in the traffic safety establishment and insurance rates jumped subsequent to insurance assures the participation of industry people directly in company investment losses, suggesting the increase official programs." This continues today,as evidenced may have occurred to achieve return on investment by agendas from the Governors Highway Safety expectations, and not due to a large increase in Administration (GHSA) annual meetings. The individual risk relative to crashes and injuries. GHSA membership includes highway safety This supports Nader's assertion that higher representatives from each state. Insurance losses are simply passed on to drivers in the form of companies and camera vendors participate as higher premiums, as there was no large increase in associate members (Governors Highway Safety individual risk. Instead,traffic fatalities had declined. Administration CGHSA], 2011), and IIHS The National Highway Traffic Safety representatives and other special interests Administration (2010) reported that fatal crashes participate as speakers. For example, in 2010, a declined between 2007 and 2009. For example, the representative from the Partnership for Advancing number of fatal motor vehicle traffic crashes declined Road Safety presented "Automated Enforcement: from 34,172 in 2008 to 30,797 in 2009,representing We've Got Your Number" (GHSA, 2010), which is an almost 10%drop. In addition,the rate of fatalities an organization funded by traffic camera vendors per 100,000 population declined from 1.26 to 1.13. (thenewspaper.com,2010).Whereas free speech laws The drop in fatalities is in accordance with the permit such presentations, it illustrates how the reduction in miles traveled that followed the process allows proprietary interests to influence recession: billions of miles traveled declined from public officials, apparently absent disclosures of 3,032 to 2,979 in respectively,2007 and 2009.These financial conflicts of interest. data cast serious doubt on the notion that premiums increased in response to increased risk. Conclusions Further, automobile insurance profitability had The 2011 IIHS study actually found that cities increased prior to 2004 after the insurance industry that used cameras had noticeably higher red light developed new pricing tools in 2000. Instead of running fatality rates than cities that did not use categorizing drivers into four or five tiers for cameras in both "before" and "after" time periods. underwriting purposes, insurance companies began This finding was also true regarding the total using thousands of factors to determine a driver's fatality rate at signalized intersections. This rate (Oster, 2004). A proliferation of traffic tickets, suggests other interventions were more effective in via photo enforcement, creates a proliferation of lowering fatality rates at signalized intersections. factors (tickets) to use in underwriting that justify However, the authors of the IIHS study did not cite premium increases. Hence, the automobile insurance these findings. Further, the extremely high rates of industry has a financial interest in advocating for red light running fatalities in the "after" period in photo enforcement. both Phoenix (1.01 per 100,000 population) and Tickets can result in multi-year automobile Bakersfield (1.06 per 100,000 population), which insurance increases from surcharges due to points on used cameras, are evidence that other interventions a driver's license and/or from underwriting may prove particularly effective in these cities if ever penalties. In Florida, a state insurance specialist implemented, as comparison cities (no-camera) explained that RLC tickets can be used in averaged 0.41 per 100,000-population in the "after" underwriting, similar to other tickets, to increase a period. driver's automobile insurance rate, even though the Further, the impropriety of the IIHS research tickets do not add points to a driver's license (Rick approach, which uses cities as the unit of analysis Lunsford,personal communication,July 29,2011). It instead of RLC sites, is evidenced by the was noted that practices vary among insurance Washington and Shin(2005)analysis of the 10 RLC companies, such that drivers would need to contact sites in Phoenix. Washington and Shin (2005) their own company to ascertain the percent increase analyzed crashes and injuries at RLC and and duration (years) of any penalty from a camera comparison sites in Phoenix,and adjusted for traffic ticket. volume. They concluded: (1) total crashes did not It is not surprising that public officials can be change at RLC sites; (2) the net safety benefit was misinformed about the relative effectiveness of traffic negligible since RLCs were not associated with tickets and photo enforcement in reducing crashes. reducing injuries or fatalities; (3) spillover effects Ralph Nader (1965) had also explained that the were not found; they wrote: "the findings may suggest private "traffic safety establishment" has inserted motorists are aware of which approaches have cameras themselves as educators to public officials and law and which do not;" (4) the RLC sites had a higher enforcement regarding traffic safety. He explained percent of fatal angle crashes,relative to comparison that the merging of public and private funds is a sites, in the "after" period; and (5) the cost of Florida Public Health Review,2012;9, 1-8. 6 http://health.usfedu/publichealth/fphr/index.htm 10E fatalities was excluded from the economic analysis http://www.ghsa.org/html/about/assoc_members. (meaning the negligible safety benefit that was htm.Accessed October 21,2011. reported is incorrect because the higher fatal crash Hu, W., McCartt, A.T., & Teoh, E.R. (2011). costs at RLC sites were excluded from the economic Effects of Red Light Camera Enforcement on Fatal analysis). As the Washington and Shin (2005) Crashes in Large US Cities. Insurance Institute for analysis has revealed, analyzing only RLC and Highway Safety.Arlington,VA. comparison sites within a community produces Langland-Orban, B., Large,J.T., & Pracht, E.E. contrasting results than analyzing aggregated data (2011). An Update on Red Light Camera Research: from all signalized intersections within a community The Need for Federal Standards in the Interest of (as done by the IIHS). Public Safety. Florida Public Health Review. 8, 1-9. Meanwhile, the U.S. PIRG(2011)has published Available at: recommendations regarding RLCs that are designed http://hsc.usf edu/NR/rdonlyres/2511FA2D- to advance the public's interests when government 6BC2-4091-9FD5- entities consider camera programs. These DBF711F420AA/0/2011pp00109FPHROrbanetal.p recommendations can also be used to evaluate df.Accessed October 13,2011. existing RLC programs to assess adherence and, Large, J.T, Orban, B., & Pracht, E. (2008, thereby, determine if cameras are used for public October 30). Analysis violates principles of sound safety or for advancing private business interests. research and public health evaluation (in response to R.A. Retting and S.A. Kyrychenko's Reductions in References injury crashes associated with red light camera Anspach, D. (2011). A Tear By rear Look At enforcement in Oxnard,California).American Journal S&P 500 Stock Market Returns Since 1973,Data Table: of Public Health. Available at: Historical S&P 500 Index Stock Market Returns. http://www.ajph.org/cgi/eletters/92/11/1822. Available at: Accessed October 20,2010. http://moneyover55.about.com/od/howtoinvest/a/ Nader, R. (1965). Unsafe at any speed The marketreturns.htm.Accessed October 7,2011. designed in dangers of the American automobile. New Burkey M., & Obeng K.A. (2004). A detailed York:Grossman Publishers. investigation of crash risk reduction resulting from red National Highway Traffic Safety light cameras in small urban areas (Report Number Administration. FARS data tables. Available at: DTRS93-G-0018). Urban Transit Institute. North http://www-fars.nhtsa.dot.gov/Main/index.aspx. Carolina Agricultural & Technical State University Accessed October 31,2011. (prepared for the U.S. Department of Office of the Majority Leader Report, U.S. Transportation). House of Representatives (2001). The red light Campbell, D.T., & Stanley, J.C. (1963). running crisis: Is it intentional? Available at: Experimental and quasi-experimental designs for http://www.thenewspaper.com/rlc/does/final report research.Boston.Houghton Mifflin Company. .pdf.Accessed October 20,2010. Council, F.M., Persaud, B., Eccles, K., Lyon, C., Oster, C. (2004, April 22). Auto insurers cut & Griffith, M. S. (2005). Safety evaluation of red light rates - for some: After years of increases, new cameras (FHWA HRT-05-048). U.S. Department of pricing tools let carriers tailor premiums to Transportation. Federal Highway Administration. individuals' risk. The Wall Street Journal. New York, Washington D.C. Available at: N.Y.,page D1. http://www.fhwa.dot.gov/publications/research/saf Retting, R.A., & Kyrychenko, S.Y. (2002). ety/05048/05048.pdf.Accessed October 20,2010. Reductions in injury crashes associated with red Decina, L.E., Thomas, L., Srinivasan, R., & light camera enforcement in Oxnard, California. Staplin, L. (2007). Automated enforcement: A American Journal of Public Health,92, 1822-1825. Compendium of Worldwide Evaluations of Results thenewspaper.com. (2010, March 15). (Publication Number DOT HS 810 763). National Partnership for Advancing Road Safety Is new photo Highway Traffic Safety Administration. enforcement industry front group. Available at: Governor's Highway Safety Administration. http://www.thenewspaper.com/news/30/3079.asp. (2010).2010 Annual Meeting Agenda, Washington D.C. Accessed October 31,2011. Available at: U.S. Department Of Labor, Bureau of Labor http://www.ghsa.org/html/meetings/annual/2010 Statistics; Consumer Price Index; Washington, D.C.; /agenda.html.Accessed October 31,2011. (September 2011); Available at: Governor's Highway Safety Administration ftp://ftp.bls.gov/pub/special.requests/cpi/cpiai.txt. (2011). GHSA Associate Members. Washington D.C. Accessed October 19,2011. Available at: U.S. PIRG (2011, October 27). Caution: Red Light Cameras Ahead. Boston, MA. Available at: Florida Public Health Review,2012;9, 1-8. 7 http://health.usfedu/publichealth/fphr/index.htm 10E 0102\\A")) http://www.uspirg.org/home/reports/report- arc hives/tax—budget-policy/tax—budget-pol icy- reports/caution-red-light-cameras-ahead. Accessed October 31,2011. www.Carinsurance.com. (2011). Average auto insurance rates: State average rates - compared to national insurance rates; CPI historical average premiums (2009 — 2011). Available at: http://www.carinsurance.com/Average- Premiums.aspx.Accessed October 7,2011. www.insurancelevel.com. (2010). Car insurance rates by state (2004-2008, 2010). Available at: http://www.insurancelevel.com/resources/car- insurance-rates-by-state.cfm. Accessed October 7, 2011. Washington,S.,&Shin,K..(2005). The impact of red light cameras (automated enforcement) on safety in Arizona(FHWA-AZ-05- 550). Arizona Department of Transportation,Phoenix,Arizona. Barbara Langland-Orban (borban@health.usfedu) is Associate Professor, Etienne E. (eprachtahealth.usfedu) is Associate Professor, and John T. Large (jlarge @health.usfedu) is Assistant Professor in the Department of Health Policy and Management, University of South Florida College of Public Health, Tampa, FL. This paper was submitted to the FPHR on November 8, 2011, and accepted for publication on January 12, 2012. Copyright 2012 by the Florida Public Health Review. 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Z 7o OT co i .0 0 n m z -_c a co 0 X 001 0( DD a 61 m n 3rrn m Z �, n o NWT � a z I— C o m o 1 RI m rnmz 3 -a-I m Sri _ gip rt J� m rn a 3 rnDX r 9� O "m ( ~ z = m `� m a -1cZ '4 ^ X rn x z poi O p — Z z -I * > z -.....(Th m m -I Oo n , ,,, -I a .-, r=n0W � nzW �1 m N X > m Z 7C D C Oz -t 73 = Hom rn S 7p O.-, )2. m y20o \./ v C a ° c ° 7J m z 3 = z › -t -I 3 rn � z = m 0o 00 m m z 0cN 3 0 0 m 7D° z °o (D > z 3po fJ = G G z "' W �° fu G 2 c > 0 13 3 -i > 0c) n a 0 Z -� o c� 1-3 !~ p �D C G rn p. -x n 7J m O 0 �� 1* m Z z 12g n I ' aD -I - ,t, '--I ul z oW 'tea m GI OH_ 70 4 cc 0 rt n3 y o .2 3 m ran /'� m z1- m c� m Z m-, ma O G � In m a 2 r 3 C O , O = rn a z c S \ v r XI mrnz a -I m rnm � v \ 3 m r z CD ` ,��. rn m P. 79 O m ~ z m 70 73 O O 7' z m 1-4 z > z Z m m -I O o t C� A • I rn r=i co c) 4 V a 1„� �_ r• M 3 rnzW rn rmr Z D O m _ z `� „ = 1" - p mm m< _ o� ° a < DRI C � z � p n N n X00 0 A z 0 3 =rrn -i r � z n mm al co m ) cD a a o00 �° �D X z 3 -I 0 ic = 0 m � rn � cp :: DI 12 0 z H 9 gi rim \ 0 XD -NA C � m o , rn 0 coif o xi A 1* 2 0 ° z rn � G7 v) CU) > 70 2 = A. m m 3 W -1 m - ° o o Z 7o OT co v1 = o n co c -I C v r. 3y ° > m rn n m z a m Z mu n p � W ; m a Z f— v ono ' 0 171 xi m , z tc m a a m m rnrn � \v 3 rn m I: oz O at. 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X a) T t)1 Ci4j n 3yG 13 > m re ITI iv n 3r ip m Z a m O O � W 0 rn p , n _ a a z 0 c = o rn m mrn4w 3 rn (� -I F ' 0O rt J. a 3 x > x rr r rn p 1 r611) ~ z m we = ,- = r- O �� m m IOo n a .-. rnW � w � � \ r m 3 r z!-4 rn r Z � DL m O.4 -1 O Zh 73 Grn � � tG G 0 a C � D c x m cn A 3. - 3 rn . z n ct• m pi co � � NO a op ° 5• a 7o z 3 -+ o "� m p > C1 -a CO 3 -� o iD .1 O z -1 o 73 rim --j*- aooN ic (D° o _ v zi m m73-I m Pl. 3 _,-,, , I O ozrn m Z rn G) cn `� Cn -< > 2 2 m m rn 0 > AI 2 Hxr- Co ,a., � O s ul Z 7o m W m z � a a to a rt A MDG 12 > m m /", rn 3rrn a m 0 - 3 v ° on g 5. C t1 v m a z z -mI r Wiz . 3 Al m r rn C7 3 mxy ° rt r XI 3 C rTn � z " Fm1 z 7<3 zz �. U Z y w rn oWO O �V co C) - in ri m 3 rn z:.4) r 0 a rcl Z D r n m < m t -n = o-n rn � = p o/ ° a u rn D xz � 0 5. C Dcx m - (A n H o 0 Vf n rti -I 3 rn� z -I m Z D c 03 m `, 3 D3 -I O � z °o � 2 41:3 7o Z Z O� o m, O xi >� 3z O a O m mrrn ° .. D ° N '_ 3 0 z -Io° ^, 70 1l1 v n 0' -I m O73rn 2 O � N . rn Z rn � cmn n ( D —I "�<, s'•-■ (4t1 CD •_ -1 rn D Q 3 n MI rn m p > O "I = 71 1- 7C CO ° 0 z Z 7o O co -aa = o -I co a 4 v ID Ts 010 7 z > 3 A3Dr 1a 3 m m /1 in v a r 3 y Ed - To � v --I r /2 g -•I m G 3 � D ° re R1 1.4 17 -1 G) H . O m 3 0 rnG) D m L N z O 0 -I � Dm c z -1 z z = 70 = r ON k Ilk M m -1 rn Oo a ^ r=n „co„ W A co r- w I— c' m z DV •, lull m o < z o X rn -I rn C 2 73 FA -4 Dlio a `� v 0 xn � p C Dcx m v) n HI O v cn z 0 = zy -I 3 rn� z 4 > � N O O z o �. as G Z 3 -I z � O m , 3z G 'aa \ rn K, m 3 -I > 0 o n ( rt 13 0 Z -I O x n 0OV m no p umi � rnA - ” � En � 'a ch r 17 IN > _ Cu � rnD 3 -I I:11 m rn p D O* cll _ � � � �1 y 1=4 .14 F•'1 0 O a = Oc m "`,. O 0. m a rP A 3DO -° > m m m arm z ma G C HI rn6 r 15 72 rn m p - m- - -i z m 1-1 D O 0 (--N rn x rn rn = O m '-' zzz = , , N, 3 _ M � z " 4 __ ` — o O 0 S z * zz -- - r Z= = < . (I m -iOo r rn w 0 -s'11� l^ W Z: l7 H Cn I r r' z W rn rn m z � D � 0 m O < m 73 O = z r nio m r. u O 0 73z �0 0 n —DIO0 d m � ^ A I 3 rn� z n - m Z D c N o 03 tin 73z °o p rt. e Z 3Hc in 0 z " - -I Om O 70 mqo s — 0I O m u' 0N H D o c. e l° Tr 0 z H m �D > N f • `Q 73 0 o x ' . . O O rn -r-I r-1 0 A 'G It X Z 0zrn cD n cn "< > _ = ai A io 1 _, r, z > r_ - x , 7z, .- v 1 g7 m Co , ° O 0 Z 70 OT m L 'a GI n (, o0 1 d m � S IDX l; ID m a r* A'v a) > O>010 3 > r 'a 3 m m n m -< 93 w m 0 ,z., mu 3 > z0c = `J v n7 1- > xirnz 7 3 —II M Cf' "' • G' ..I m -I t � Zp A -T � Dx = r rn rn O m � '-' z 2 m 3 0 rn � z z O * zz I H Qn z m m -I O D ' r7 "I ^ rrnnvWOW n � l ) m z 771DV) rn C m 03 '� m _ z -, r -n rn rn m �1" • , rri a c c � � m Z O -IZ , -1 3 rn� z P• (IT co co P ao -I > -I 18 cn oz d - x Z z O c d- 0 v p ,c, LA . 7 -i el C > c3z O - ,t O m ,-I rna 04 1=4 r (!) 0 N .- H 13 0 Z --1 o z \ �J l Y 7, y 0 P Z to o xi o o�rnO_, m Drn \O C �. m' 3 mmrn Z G� E. > _ _ � of E. = 3 rn H T. m m rn 00 o A n z > r -t m > � c0 ' Z 1-4 o 2 70 OT o 'o = O -I CO M z m v " 1 0 j 91I00 45.0% 40.0% 35.0% 30.0% 4V1111/°° 11IN 25.0% 20.0% ......04..„.... 15.0% 10.0% —40--Group Occ 5.0% -4—Grp Mix 0.0%0 \e„4\ 4.ib ex,bitz' 4\-\e' bee , ‘,70N col' 66 C\e" icF1 ,c• 41' Oic" 4' .‘,97- <c• (-) <b. W c? 'Rib /0 ey 1OJ A),-)0 70.0% __ 60.0% - 50.0% 40.0% —4—Trans Occ 30.0% _ __ ___ T 'Group Occ --•U —At—Total Occ 20.0% -- i 10.0% —_ 0.0% 2007 2008 2009 2010 2011 2012 $250.00 $200.00 : $150.00 —4—Trans Rate —0—Group Rate $100.00 —*—Total Rate $50.00 — — i $0.00 ! T —, 2007 2008 2009 2010 2011 2012 i . . $140.00 $120.00 $100.00 t------- •■• •'° $80.00 —4—Trans Revpar $60.00 —0—Group Revpar —�—Total Revpar $40.00 $20.00 — i $0.00 ,— --r —,2007 2008 2009 2010 2011 2012 2Oj (\ , p1 July,2012 COLLIER COMMUNITY ALLIANCE RECOMMENDATION ON THE TOURIST DEVELOPMENT TAX Overview The Collier Community Alliance("CCA")has studied the principal issues of(1)the percentage amount of the Tourist Development Tax("TDT")and(2)the current allocation of expenditures from revenue collected on transient lodging of 6 months or less duration.The process has involved discussions with community leaders and County staff as well as the review of financial information and other documents, including Tourist Development Council and Coastal Advisory Committee materials and reports. Since inception of the TDT bed tax in 1995,the initial 2%levy has increased to the current 4%level and funds 3 categories of tourist-related expenditures with a June re-forecasted FYE 2012 budget of approximately$14,355,000: 1. 50.00% -Category A(and D): Beach Park Facilities and Beaches,Inlets and Passes,Inland Lakes and Rivers with public access(D-Fishing Piers)-$7,177,000 2. 36.60%-Category B:Advertising,Promotions, Special Events that promote tourism-$5,254,000 3. 13.40% -Category C: County Owned and Not-For Profit Museums-$1,924,000 There is consensus that a synergy of Category A assets represent the core tourist attractions in Collier County.These prime amenities are(a)accessible wide,clean beaches and(b)superior fishing/boating opportunities on the limpid waters of the Gulf of Mexico. However,there are other non-Category A amenities/ambiances that define,enhance and round out the unique and"world class"combination of Naples—Marco—Everglades tourist experiences.This study will not fully itemize those attributes,but the list does includes superlative hotels/resorts and golfing within a green/non-urban environment,charming shops,enticing dining venues,outstanding performing arts,eco-adventures and the Everglades eco-system as well as Category C museums,including art festivals,gardens etc.. Accordingly,Category B's pivotal marketing initiatives require adequate funding and effective promotion of both core and complementary amenities to sustain Collier County's recovery from the recent recession in a highly contested state tourist environment. Comparatively,competitive coastal counties far outspend our advertising initiatives,notwithstanding the transfer of an additional$1 million to marketing in each of 2010 and 2011 from the beach renourishment/ emergency reserves and beach park facilities'capital fund.We note that a May 2010 survey by Research Data Services computes a high average return on each promotional dollar expended in the NY/NJ, Philadelphia and Chicago feeder markets. While all our competitive coastal counties do benefit from a higher 5%TDT tax,a negative relative imbalance in our marketing expenditures would exist even if the other counties did not benefit from the higher 5%tax.The other counties spend significantly less on Category A beach funding and nothing on Category C museums. � V 1OJ I13 With the apparent pullback in Florida and FEMA support for beach renourishment due to budgetary constraints,the availability of government financial support for our beach projects is not promising. However,our lobbying for federal and state funding should have a goal to be as successful as competitive destinations and thus enable a spillover of any surplus TDT collections from Category A to Category B. Within this context of competing interests for TDT dollars and our inability to prudently assume that the 10%increase in projected collections in 2012 over 2011 represents a sustainable trend due to the fragile global economic recovery,the CCA makes the following recommendation as to(1)the amount of the TDT tax and(2)the allocation of expenditures among Categories A,B and C. Recommendations (1)At this time,we recommend the continuance of the 4%TDT and oppose a 25% increase to 5% due to the projected detrimental impact on group/convention tourism and the adverse multiplier effect on projected spending within our community. We also endorse measures that enable the Tax Collector to enhance collections by bolstering the enforcement of TDT remittances from single family homes and condominiums/home owner associations/campgrounds/mobile home parks etc. The Collier Tax Collector has undertaken multiple initiatives over recent years to increase collections, including the monitoring of internet rental advertisements,mandatory landlord registration/tracking, newspaper/tax bill/association notices and repetitive coordination with real estate brokers. This program, in concert with improved overall TDT revenue,has increased collections by an overall 12.79%YTD FYE 2012,including boosts in all major categories— 10.82%hotels/motels,21.77%realtors and 18.11% individuals. The Destination Marketing Funding proposal submitted by the Greater Naples Convention and Visitors Bureau to the Coastal Advisory Commissions in June,2012 persuasively makes the case against raising the 4%tourist tax.The proposal highlights that group/convention planners must adhere to a total budget and do account for all costs, including the TDT.Within that context,our lower tourist tax partially offsets the relatively higher cost of airfare and ground transportation to/from RSW as well as the lower number and less availability of direct flights. (2)We endorse the major tenets of the Coastal Advisory Commission's response in June,2012 to the Destination Marketing Funding proposal for Categories A,B and C. Specifically we recommend the following reallocations of TDT dollars among the Categories: • Funding of our prime Category A tourist amenity(beaches and beach park facilities)on an integrated or"holistic"basis with an annual allocation within Category A's 50% share of the TDT based on annual and forecasted requirements as determined by the Board of County Commissioners.In FYE 2013,reserves for beach renourishment and beach park facilities are respectively forecasted at$14,000,000 and$8,300,000(with only$355,000 of budgeted beach park facilities projects in FYE 2013). 10 ,E Ao-)13 Not only are overall Category A reserves plus future tourist taxes sufficient to fund the customary 6 year beach renourishment cycle costing$20 million but conceivably adequate(with efficiencies and short-term transfer from Category A's catastrophe reserves)to allow for a longer cycle at a higher cost with the benefit of significantly more sand and coastal protection with less frequent environmental and tourist disruption. We do not make a recommendation regarding the possible extension of the renourishment cycle as the County is in the process of obtaining more information required to assess financial and operational feasibility. • Elimination of funding of county owned museums._Funding should be phased to either private endowment and/or the County's general fund over a 5 year period with the 11% share of TDT monies($1,600,000)reallocated.to Category A.The CAC did not address reallocation and neither we nor the CAC have made a recommendation regarding private non-profit museums (2.4%of TDT or$344,000) • Utilization of over-budget receipts of TDT monies for destination marketing so long as beach and beach facilities are re-forecasted to be fully funded.The CAC did not take a position on this item. 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O , 3 �D 7J Z 3 -1 a , J" to v v ipm c3z O o m IT; -1 :) v Imil 12 at a °P ' (D v 7a y � i� _.- 3 = o ( � � (I) :ILL4 m Z azrn A � .< D -I - ''t - C CO 'i -Im q n I z > r co I m >1-1 ° O fn Z O \ 'ov m z ( 0. c0 IN.a m a r - 128 k. , I3 Ny COL IER COUNTY AUDUBON S O C I E T Y 1020 8th Avenue, South,Suite 2 Naples,FL 34102 239-643-7822 February 11,2013 Collier County Board of Commissioners Georgia Hiller,Chair 3299 Tamiami Trail East, Suite 303 Naples,FL 34112-5746 Via email RE: Francis D.Hussey,Jr.,et al.v. Collier County,et al., Second District Court of Appeal Case No. 2D11-1224;and Sean Hussey,et al. v.Collier County,et al.,Second District Court of Appeal Case No.2D11-1223 (BCC Agenda Item 12B for February 12,2013 Regular Meeting) Dear Commissioners: On behalf of Collier County Audubon Society,an intervenor on the above-referenced litigation cases,I am writing to object to Collier County signing the settlement agreement under consideration at the February 12,2013 regular meeting. Collier County Audubon Society believes this settlement to not be in the interest of the citizens of Collier County. We believe the settlement violates the intent and ultimate effectiveness of the Rural Fringe Mixed Use District policies which were designed to protect wetlands and imperiled species habitats on 93,000 acres of rural lands,while fairly compensating landowners whose development rights were reduced onsite,but enhanced offsite through a Transferable Development Rights program. The creation of these policies was mandated by Governor Jeb Bush and the Cabinet in 1999,and defended successfully in several court challenges by Collier County with Collier Audubon, Florida Wildlife Federation and the State providing significant litigation assistance each time. We are dismayed that the County would now consider such a settlement as is before you in the Hussey cases,which amounts to abandoning major portions of this landmark rural resources protection program. Specific objections include: • Habitat in the North Belle Meade Hussey lands proposed for rock mining and development is occupied Florida panther habitat which connects the Florida Panther National Wildlife Refuge with South Belle Meade/Picayune Strand State Forest,while the 846 Land Trust acreage is not useful for panthers due to its being surrounded by roads and increasing development. These are not ecologically equivalent parcels of habitat. • Increasing rock mining near the imperiled red-cockaded woodpecker colonies on and near the Hussey land,is contrary to the purposes of the Sending Land designation approved with the creation of the Rural Fringe Mixed Use District. 128 3 • Sending and Reciving.Area development potentials,measured in T-DR credits,were calculated and balanced by TDR expert Dr.James Nicholas,and the current proposed settlement does t have the data and analysis necessary to recalculate that credit balance. This will undermine the economic functioning of the TDR program just as it is emerging from the economic downturn and TDR credit demand is rising. • The draft Settlement Agreement is too vague regarding many details on both the 846 Land Trust,and Hussey Sending and Receiving Lands,to ascertain what future land use outcomes can be expected,aside from rock mining. Based on ecologically and economically unsupportable land use changes that undermine the State-mandated Rural Fringe Mixed Use District resource protection policies,Collier County Audubon Society objects strongly to the County signing the proposed Agreement. Sincerely, -1 ri.,_,42..a c„,...401 Southwest Florida Policy Associate 1 2B i/ /� Receiving Lands. The second component changes the designation of 578 acres of that land known as the "SR 846 Lands" from Receiving to Sending Lands. By this exchange, the balance of development rights within the Rural Fringe Mixed Use District remains substantially the same. Additional considerations are detailed below. The Hussey Lands 3. The Hussey Lands are graphically depicted in Exhibit A, and comprise a total of 1,110 acres. These lands are located within the Rural Fringe Mixed Use District and are all currently designated as Sending Lands. Exhibit A approximately depicts how the Hussey Lands are to be divided. The 578 acres north of the boundary line will be changed from Sending to Receiving Lands, and Collier County will amend the Future Land Use Map designation of these 578 acres accordingly. Exhibit B contains the legal description of these 578 acres, which shall define and control which lands have been redesignated as Receiving Lands. The remaining 523 acres of the Hussey Lands will remain Sending Lands. The early entry TDR bonus density credit shall be extended for three (3) years for these Sending Lands after approval by the Court of this Agreement, or such other date as may be extended generally for other RFMUD Sending Lands, whichever is the later date. 4. Within 180 days following the effective date of this Settlement Agreement, the Husseys shall deed to the County one hundred and eighty (180) feet of right-of-way for the future Wilson Boulevard Extension (Blackburn Road) along the southern property line of the HHH Ranch. The dedicated land is depicted on Exhibit C, and comprises approximately 22.318 acres. The Owner will receive $55,795 in road impact fee credits for this dedication, valued at $2,500 per acre. These road impact credits shall inure to the benefit of the Hussey Lands, and will run in perpetuity. No further consideration will be due to the Husseys for this dedication, irrespective of whether the Impact Fee Credits are or can be utilized in whole or in part. The right of way and stormwater parcels will be transferred to the County in fee simple, by statutory warranty deed, subject to easements and reservations of record. The County shall be responsible for paying the costs of any title work and searches, and the Husseys shall be responsible for all costs incurred in promptly removing or curing all liens, encumbrances or deficiencies revealed in any title work, following which the Husseys will provide the 3 12B shall be prepared and forwarded to the County. The County Manager or his designee is authorized to administratively determine whether the changes to the depicted areas constitute a minor change, with any objection subject to a de novo review by the Board of County Commissioners. Any major changes to the depicted areas must be approved by majority vote of the Board of County Commissioners. 8. The SR 846 Lands may be developed in accordance with the provisions herein or the RFMU District generally as may be amended (or a combination thereof on separate parcels). One road may be provided in the Sending Lands to facilitate a connection to Immokalee Road. . . . _ ' .. . - _ t - - . . - - - _ zoning and utilization of TDR Credits, a density of up to two and a half(2 %2) units per gross acre and/or commercial uses may be approved on the Receiving Lands. PUD zoning shall be discretionary with the Board, and not be as of right, and the County . : . •t: - -. - - . . - . The early entry TDR bonus density credit shall be extended for three (3) years for the Sending Lands after approval by the Court of this Agreement or such other date as may be extended generally for other RFMUD Sending Lands whichever is the later date. A Conditional Use for earthmining and extraction was previously approved for this property (Resolution No. 2012-15), a portion of which is changed from Receiving to Sending Lands by this Agreement. Earthmining and extraction are no longer permitted on SR 846 Sending Lands and no amendment of the Resolution No. 2012-15 is necessary to enforce this prohibition on earthmining and extractions on the these SR 846 Sending Lands. 'L`c `` Legal Matters 9. Non-admission of liability. It is understood and agreed that this Settlement Agreement is the compromise of disputed claims, and that nothing contained herein shall be construed as an admission of liability, fault or responsibility as to any claims or allegations on the part of any party, which liability is expressly denied. 10. Mutual General Release. Each of the parties signing below, on behalf of themselves, their former and present employees, agents, officers, directors, servants, 5 128 8/I IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AN FOR COLLIER COUNTY, FLORIDA FRANCIS D. HUSSEY, JR. and MARY P. HUSSEY, husband and wife; and WINCHESTER LAKES CORPORATION, a Florida corporation, Plaintiffs, v. Case No.: 08-6933-CA Consolidated with COLLIER COUNTY, a political subdivision of the Case No.: 08-6988-CA State of Florida; THE HONORABLE CHARLIE CRIST, Governor of the State of Florida; and the FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, Defendants. FLORIDA WILDLIFE FEDERATION and COLLIER COUNTY AUDUBON SOCIETY, INC. Intervenors. / SEAN HUSSEY, Successor Trustee to JOSE LOMBILLO, Trustee and EDUARDO PEREIRO, Trustee, Plaintiffs, v. Case No.: 08-7025-CA COLLIER COUNTY, a political subdivision of the State of Florida; THE HONORABLE CHARLIE CRIST, Governor of the State of Florida; and the FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, Defendants. FLORIDA WILDLIFE FEDERATION and COLLIER COUNTY AUDUBON SOCIETY, INC. Intervenors. SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT is made and entered into this of February, 2013, by and between Francis D. Hussey, Jr., Mary Pat Hussey, Sean Hussey, Trustee, Mike Boran, Co-Trustee of the SR 846 Land Trust, Ronald L. Brown, Co- Trustee of the SR 846 Land Trust, Joseph Bonness, President of Winchester Lakes, Inc., U` 12B , and HHH Investments, L.P. (the "Owner") and Collier County, Florida, a political subdivision of the State Florida(the "County"). WHEREAS, the Plaintiffs, FRANCIS D. HUSSEY, JR., and MARY P. HUSSEY, husband and wife, (the "Husseys") are the fee owners of certain real property within Sections 29 and 32 of the area within Collier County commonly referred to as the North Belle Meade (the "HHH Ranch"); and WHEREAS, the Plaintiff, WINCHESTER LAKES CORPORATION ("Winchester Lakes") holds a leasehold interest in the HHH Ranch and holds contractual rights to subsurface minerals including the underground rock and a contractual right to share in the proceeds of this action; and WHEREAS, the Husseys and Winchester Lakes have filed a claim against Collier County under Florida Statutes § 70.001 (the "Bert Harris Act"), and have also filed claim challenging the constitutionality of the Rural Fringe Amendments pursuant to Article X Sec. 6(a) of the Florida Constitution; and WHEREAS, the parties wish the settle this dispute on the terms and conditions set forth below. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. Incorporation by reference. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. Nature of this Settlement. This Settlement Agreement involves an exchange of development between two large parcels located within the Rural Fringe Mixed Use District (RFMUD) of Collier County. The first component changes the designation of 578 acres of that land known as the "Hussey Lands" from Sending to 2 12B Receiving Lands. The second component changes the designation of 578 acres of that land known as the "SR 846 Lands" from Receiving to Sending Lands. By this exchange, the balance of development rights within the Rural Fringe Mixed Use District remains substantially the same. Additional considerations are detailed below. The Hussey Lands 3. The Hussey Lands are graphically depicted in Exhibit A, and comprise a total of 1,110 acres. These lands are located within the Rural Fringe Mixed Use District and are all currently designated as Sending Lands. Exhibit A approximately depicts how the Hussey Lands are to be divided. The 578 acres north of the boundary line will be changed from Sending to Receiving Lands, and Collier County will amend the Future Land Use Map designation of these 578 acres accordingly. Exhibit B contains the legal description of these 578 acres, which shall define and control which lands have been redesignated as Receiving Lands. The remaining 523 acres of the Hussey Lands will remain Sending Lands. The early entry TDR bonus density credit shall be extended for three (3) years for these Sending Lands after approval by the Court of this Agreement, or such other date as may be extended generally for other RFMUD Sending Lands, whichever is the later date. 4. Within 180 days following the effective date of this Settlement Agreement, the Husseys shall deed to the County one hundred and eighty (180) feet of right-of-way for the future Wilson Boulevard Extension (Blackburn Road) along the southern property line of the HHH Ranch. The dedicated land is depicted on Exhibit C, and comprises approximately 22.318 acres. The Owner will receive $55,795 in road impact fee credits for this dedication, valued at $2,500 per acre. These road impact credits shall inure to the benefit of the Hussey Lands, and will run in perpetuity. No further consideration will be due to the Husseys for this dedication, irrespective of whether the Impact Fee Credits are or can be utilized in whole or in part. The right of way and stormwater parcels will be transferred to the County in fee simple, by statutory warranty deed, subject to easements and reservations of record. The County shall be responsible for paying the costs of any title work and searches, and the Husseys shall be responsible for all costs incurred in promptly removing or curing all liens, encumbrances or deficiencies revealed in any title work, following which the Husseys will provide the 3 12B i3 Office of the County Attorney with an executed deed, suitable for recording. Upon receipt, the County at its cost will record the deed in the Public Records of the County. The Husseys will be permitted access onto the future Wilson Boulevard Extension for residential and agricultural uses, with at least two tie-in locations that permit left turns in. The Husseys may be permitted access onto the future Wilson Boulevard Extension for the hauling of excavated materials, which access will be subject to the conditions of any excavation permits or conditional use that may be obtained. The Husseys' entitlements to density and TDRs shall include the area dedicated to the County identified in Exhibit C. 5. The HHH Ranch lands shall be subject to the Preservation and Native Vegetation Retention Standards within CCME Policies 6.1.2 and 6.1.5 based upon the existing native vegetation as depicted by a FLUCCS Map, which Map shall be prepared by the Husseys, subject to approval by the County. This Map is to be prepared and presented to the County for review within 180 days of the effective date of this Agreement. The parties will cooperate with one another to ensure a mutually agreeable FLUCCS Map. The SR 846 Lands 6. The SR 846 Lands are graphically depicted in Exhibit D, and comprise a total of 2,576 acres. These lands are located within the Rural Fringe Mixed Use District and are currently designated as Receiving Lands. As detailed below, 578 acres of the SR 846 Lands will be converted from Receiving to Sending Lands, in order to mirror the 578 acres of Hussey Lands being converted from Sending to Receiving Lands. The remaining 1,998 acres shall remain designated as Receiving Lands. Exhibit E sets forth the Legal Description of the SR 846 Lands. 7. Exhibit D approximately depicts the SR 846 Lands to be divided into Sending and Receiving Lands. The 578 acres which are denoted by the appropriate hash mark will be changed from Receiving Lands to Sending Lands, and Collier County will amend the Future Land Use Map designation of these 578 acres accordingly. There is presently no Legal Description for these proposed Receiving and Sending Lands. At the time the SR 846 Lands are developed, or when TDR rights are severed, the owner of the SR 846 Lands may make minor changes to the depicted areas, and at such time a Legal Description defining the 578 acre Sending tract and the 1,998 acres of Receiving tract(s) 4 12B pl shall be prepared and forwarded to the County. The County Manager or his designee is authorized to administratively determine whether the changes to the depicted areas constitute a minor change, with any objection subject to a de novo review by the Board of County Commissioners. Any major changes to the depicted areas must be approved by majority vote of the Board of County Commissioners. 8. The SR 846 Lands may be developed in accordance with the provisions herein or the RFMU District generally as may be amended (or a combination thereof on separate parcels). One road may be provided in the Sending Lands to facilitate a connection to Immokalee Road. The early entry TDR bonus density credit shall be extended for three (3) years for the Sending Lands after approval by the Court of this Agreement or such other date as may be extended generally for other RFMUD Sending Lands whichever is the later date. A Conditional Use for earthmining and extraction was previously approved for this property (Resolution No. 2012-15), a portion of which is changed from Receiving to Sending Lands by this Agreement. Earthmining and extraction are no longer permitted on SR 846 Sending Lands and no amendment of the Resolution No. 2012-15 is necessary to enforce this prohibition on earthmining and extractions on the SR 846 Sending Lands. Legal Matters 9. Non-admission of liability. It is understood and agreed that this Settlement Agreement is the compromise of disputed claims, and that nothing contained herein shall be construed as an admission of liability, fault or responsibility as to any claims or allegations on the part of any party, which liability is expressly denied. 10. Mutual General Release. Each of the parties signing below, on behalf of themselves, their former and present employees, agents, officers, directors, servants, representatives, insurers, assigns and predecessors and successors in interest, hereby releases and forever discharges each and every other party signing below, together with their former and present employees, agents, officers, directors, servants, representatives, insurers, assigns, and predecessors and successors in interest, from any and all claims of 5 12B 1/5 whatever nature or description, which relate to, arise from, or could have been alleged, in the above captioned lawsuits. 11. Voluntary Execution. This Agreement contains the entire agreement between the parties hereto regarding the resolution of their disputes. The parties acknowledge that this Agreement is freely and voluntarily executed after they have been apprised of all relevant information concerning the Agreement and that they have had the opportunity to consult with and receive the advice of counsel in entering into this Agreement. In executing this Agreement, the parties acknowledge that they have not relied on any inducements, promises, or representations other than those contained herein. This Agreement is the product of mutual negotiation and no doubtful or ambiguous provision that may exist in this Agreement is to be construed against any of the parties based upon a claim that one of the parties drafted the Agreement, or that the language of the Agreement was intended to favor one of the parties. 12. Governing law. This Agreement shall be deemed to have been made and to be performed, and shall be interpreted, construed and enforced, in accordance with the laws of the State of Florida. 13. Multiple Counterparts. This Agreement may be executed by the parties in identical counterparts, which,taken together, shall constitute a complete original. 14. Modifications. This Agreement cannot be amended, modified or amplified except by agreement and written document, which is signed by all parties hereto. No oral statement made by any person shall operate to modify this Agreement in any manner or otherwise affect its terms and provisions. 15. Severability. In the event that any term or provision of this Agreement is deemed unenforceable or unlawful for any reason, the remainder of the Agreement shall be deemed enforceable and in effect. 16. Enforceability and Adoption. This Agreement is effective upon the date it is approved by the Board of County Commissioners of Collier County, Florida. This Agreement is subject to approval by the Court. Upon approval by the Court and the expiration of the time within which for any third parties to appeal, or the upholding of this settlement with finality, if so appealed, this action will be dismissed with prejudice. 17. Non-waiver. The failure of either party to enforce at any time any of the provisions of this Agreement shall not constitute a waiver of any such provisions. 6 12B 18. Authority to Bind. The signatories hereto each warrant and represent that they have the requisite authority to enter into this Agreement on behalf of the respective party. Remainder of Page Intentionally Left Blank. Signature Pages and Exhibits to Follow. 7 12B At3 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk GEORGIA A. HILLER, ESQ. CHAIRWOMAN Mary Pat Hussey Francis D. Hussey, Jr. Sean Hussey, Trustee Michael J. Boran, Co-Trustee SR 846 Land Trust Ronald L. Brown, Co-Trustee Winchester Lakes, Inc. SR 846 Land Trust Joseph Bonness, President HHH Investments, LP By: HHH Investments Corp. I., GP Francis D. Hussey, Jr., President 8 128 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of February, 2013, by Mary Pat Hussey, who is personally known to me or who has produced as identification. Notary Public Print Name: My Commission Expires: STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of February, 2013, by Francis D. Hussey, Jr., who is personally known to me or who has produced as identification. Notary Public Print Name: My Commission Expires: STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of February, 2013, by Sean Hussey, as Trustee, who is personally known to me or who has produced as identification. Notary Public Print Name: My Commission Expires: 9 12B : STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of February, 2013, by Michael J. Boran, as Co-Trustee of the SR 846 Land Trust, on behalf of such trust, who is personally known to me or who has produced as identification. Notary Public Print Name: My Commission Expires: STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of February, 2013, by Ronald L. Brown, as Co-Trustee of the SR 846 Land Trust, on behalf of such trust, who is personally known to me or who has produced as identification. Notary Public Print Name: My Commission Expires: STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of February, 2013, by Joseph Bonness, as President of Winchester Lakes, Inc., a Florida corporation, on behalf of such corporation, who is personally known to me or who has produced as identification. Notary Public Print Name: My Commission Expires: 10 128 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of February, 2013, by Francis D. Hussey, Jr., President of HHH Investments Corp. I, a Delaware corporation, authorized to do business in the state of Florida, which is the General Partner of HHH Investments L.P., a Delaware limited partnership authorized to do business in the state of Florida, on behalf of such limited partnership, who is personally known to me or who has produced as identification. Notary Public Print Name: My Commission Expires: Approved as to form and legal sufficiency: Jeffrey A. Klatzkow County Attorney 11 12B , • .. . ....„...„_......_ • •• .::. .. . . ,. • . ,.,.;W'''''■-'. " eti + ^+ ' Section 29 308 Ac.± �+�►+y i°% } Section 32 654 Ac.t :y Section 33 148Ac± ar r Total 1,110 Ac.± 4 -1e T �r�, k'+ 1 '" `\0 9 1 5 Ja .4 i� F Z 3 ,� �'" y- . t bill !i 7 .-4 i . i t ," ' C f +r ' ,4 , .I . ' i K r i ' t�* z y c ;t �A o` • ,> s! ,' \,.' i t- s as.V .+ . a 4 yw ,< 9 3 ,•:::,lf + � �y" Y" . by i s Z ,..,.. s' fi, A.x' ,-� h x �,, * • M a iu . ''''''.!**,-;-,41,7,i kl. *r sk ti,,t,"-,, ,,.,A1•';',1'..:'.'". '' ,, rt' _.. y P ," g ti•�'!( ',!z•1 T M r- kit . . +3.- yw. -a �' \r'. '+' '�i �` i .'7 4 `" -fY 3 y •' 7' "+.yam..,. ',q13,.....; .h :... 'r S site yp�4 +j .,a T Y y '::.4..-:!' .,,, C.' `41.4 J.t.M � W�v� yw •'4... y�5�• c,r" �' Yet kw.1 ;,.....-1.,...,,,,,,.,:....{ 1 {y,3 k`,y1 -f-,'-'-'-.:'-',::.• pr.%7.,;;1',.<-.. .!e"'`•,• rJp'r '-!.....4..t �.C,�! 4' k+ F .. t 4 1 4 1 7; t . 7;;.,, . ,` ,,:,,-... ..„.,,,,-.,;+,1,,•,,,,- �i` fyr r">. 'a'� ' .-" ' .y ,Y 1 Xi4 1^ �at f.r. a''�V.A.+ . '3 .•r r� fib, tS.0 ;.:....'L.4.-4/ .it�t �, 2 r ' .).SY.7 p-" *km,yn.*11/.2. .�}, 4 }4`� 4}t iY ri y� �„ y r ti .�c l' '� - .171. x r _ y" , s ri s. .,_a a K, -• ilk , }¢ '..,� .yY� .s��i'�,i ,�" M 4�tP�I'i 4 7. r�Yt K� F" Yrt F ` .t . Prr - r' 70 .7 't ,d' 4h� - a s� i a �,,A f �„"k� ++}2 at ? !pr '•,K Y gds s+,•• "r � ''r t e s. a . :.-':?..,..14'.0.;* FN ty r aF L ..",•;0'`.-":4-‘r r•.' - it , ;-.-A4,;,, y 41 4. J tt ; �` 1. ., i .. r' ' ..�iV t:' "44' i, .q..•- J £ w Y ,..-,:,-.,..i.01:"., -„_,••.--:•. 1 ' qh ti,` f ' '' z k r Aw 4`s ' r3 `M1` gin[' , s''4 'w; , ry s. L x a i' s. x ''tN �d y yr e #4-� fi , ' t' , 1 r 1t r �- `� a y�Nq,�r ` /w' t",.?A+,t 41+ ' . ..'r a�'a.. - J� 4*•%s �� Ti4 :t.sW. Rk. �3 r,.2'.f y .f'� 1J Q '` . } e , ? . y r45 , .ham3 � � ♦+� 2 y ' 1r �� > " s c �ptny „S 'h "" f f , S'�'y�+.. xscx: �.}� y � K " At��, �a.{{ a .5 k � '* rSSE # ". 4" i �'y ,gS r* ,� ts4x wtr. ' � � tt .� .'` � `tyg , tia r '4 q.e�fki ' 1-4'.4!';it 4:a Fi f6P- a � d y ce 44 2 i'S, . ^iT b + Jvz 1,} t , 1, ,,t r l':.- J ' t " Y� ''a Y ; tir x , - '?..: 2' ' 0•Y ms ,. .< ..H.v w ° !•••-1- � .r ... 12B P8 EXHIBIT A- HHH Ranch Receiving Lands 1. Within Section 29, Township 49, Range 27; parcels: 00328560002 29 49 27 E1/2 OF SE 1/4,NW1/4 OF SE 1/4, E 1/2 OF SW 1/4 OF SE 1/4,NW 1/4 OF SW1/4 OF SE 1/4,N1/2 OF SE 1/4 OF SW 1/4,NE 1/4 OF SW 1/4, E 1/2 OF NW 1/4 OF SW 1/4, SW 1/4 SE 1/4 SW 1/4, W 1/2 OF SE 1/4 OF SE 1/4 OF SW 1/4, SE 1/4 OF SW1/4 OF SW 1/4, E 1/2 OF SW 1/4 OF SW 1/4 OF SE1/4, 00331320006 29 49 27 SE1/4 OF SE1/4 OF NE1/4 00330480002 29 49 27 E1/2 OF SW1/4 OF SW1/4 OF NE1/4 00328640003 29 49 27 E1/2 OF SE1/4 OF SE1/4 OF NW1/4 + W1/2 OF SW1/4 OF SW1/4 OF NE 1/4 00329240004 29 49 27 W1/2 OF SW1/4 OF SW1/4 OF SE1/4 5 AC. OR 1342 PG 1129 00330840008 29 49 27 E1/2 OF SE1/4 OF SE1/4 OF SW1/4 5 AC. OR 1342 PG 969-970 2. The Northern 279 acres of Section 32, Township 49 South, Range 27 East 128 EXHIBIT B—HHH Ranch Sending Lands 1. The Southern 375 acres of Section 32, Township 49 South, Range 27 East, less and except any lands that were previously taken for highway right of way. 2. Within Section 33, Township 49 South, Range 27 East; parcels: 00344240005 33 49 27 W1/2 OF S1/2 OF S1/2 OF N1/2 OF N1/2 OF NW1/4 00343760007 33 49 27 W1/2 OF N1/2 OF N1/2 OF S1/2 OF N1/2 OF NW1/4 00345280006 33 49 27 W1/2 OF S1/2 OF N1/2 OF S1/2 OF N1/2 OF NW1/4, LESS W 35FT 00343080004 33 49 27 W1/2 OF N1/2 OF S1/2 OF S1/2 OF N1/2 OF NW1/4 LESS W 35' 00342840009 33 49 27 W1/2 OF S1/2 OF S1/2 OF S1/2 OF N1/2 OF NW1/4 LESS W 35FT 00344040001 33 49 27 W1/2 OF N1/2 OF N1/2 OF N1/2 OF S1/2 OF NW1/4, LESS W 35FT 00344960000 33 49 27 E1/2 OF Nl/2 OF N1/2 OF S1/2 OF N1/2 OF NW1/4, E1/2 OF S1/2 OF S1/2 OF N1/2 OF N1/2 OF NW1/4 LESS E 35 FT 00342080005 33 49 27 N1/2 OF S1/2 OF S1/2 OF NE1/4 OF NW1/4, S1/2 OF N1/2 OF S1/2 OF NE1/4 OF NW1/4, LESS E 35FT 00344760006 33 49 27 E1/2 OF S1/2 OF S1/2 OF S1/2 OF N1/2 OF NW1/4,N1/2 OF N1/2 OF SE1/4 OF NW1/4,N1/2 OF S1/2 OF N1/2 OF SE1/4 OF NW1/4 LESS E 35FT 00344560002 33 49 27 E1/2 OF S1/2 OF S1/2 OF N1/2 OF S1/2 OF NW1/4, LESS E 35FT 00345240004 33 49 27 E1/2 OF N1/2 OF N1/2 OF S1/2 OF S1/2 OF NW1/4 00342200005 33 49 27 S1/2 OF S1/2 OF SW1/4 OF NW1/4 LESS S & W 35FT 126 W51/ 00342760008 33 49 27 E1/2 OF S1/2 OF S1/2 OF S1/2 OF NW1/4 LESS E 35FT& S 35FT 00345400006 33 49 27 N SOFT OF NE1/4 OF SW1/4, E SOFT OF S 280FT OF N1/2 OF NE1/4 OF NE1/4 OF SW1/4 1.84 AC OR 36 PG 378 00342120004 33 49 27 N1/2 OF N1/2 OF NE1/4 OF SW1/4 LESS N+E SOFT 00342920000 33 49 27 S1/2 OF N1/2 OF NW1/4 OF SW1/4, LESS W 35FT 00344520000 33 49 27 W1/2 OF N1/2 OF N1/2 OF S1/2 OF N1/2 OF SW1/4 LESS W 35' 00342600003 33 49 27 W1/2 OF S1/2 OF N1/2 OF S1/2 OF N1/2 OF SW1/4 LESS W 35 FT 00344360008 33 49 27 E1/2 OF S1/2 OF N1/2 OF S1/2 OF N1/2 OF SW1/4, LESS E 35 FEET 00344640003 33 49 27 E1/2 OF N1/2 OF N1/2 OF S1/2 OF N1/2 OF SW1/4 00343200004 33 49 27 W1/2 OF S1/2 OF S1/2 OF S1/2 OF N1/2 OF SW1/4 LESS W 35 FT 00343840008 33 49 27 W1/2 OF W1/2 OF SW1/4 OF SW1/4 LESS W 50 FT AND S SOFT OR 140 PG 336, LESS N SOFT OF S100FT OR 201 PG 815 12B 414/.3 Exhibit C PROJECT NO. Florida Rock Haul Road/Wilson Boulevard Extension PROJECT PARCEL NO. 118FEE FOLIO NOS. 00342040003&00341960003 LEGAL DESCRIPTION&SKETCH (NOT A SURVEY) THE NORTH 180 FEET OF THE SOUTH 280 FEET OF SECTION 32, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. (CONTAINING 22.318 ACRES, MORE OR LESS) SECTION 32 • INTERSTATE 1-75 RIGHT-OF-WAY(100 FEET NORTH OF THE SOUTH SECTION LINE), 5.101+I-FEET SKETCH NOT TO SCALE Collar County Grath Management DMeion.Transportation Waxing Department 02/06113 2:36 PM ILJ Exhibit D 1 2 B PLATT RD Ce 0 Z 88TH AVE NE . ...... 27 26 25 30 wi ,TURKEY DR 66TH AVE NE , 54TH AVE NE \s430,111Prly _.1.3A4133__T_E_NE 34 5DTH AVE NE T47 %IS\ Alti A 187-11-t\--v-E-14!-T47 T4S T48 56TH AVE NE Q 3 i 7 r°111#1 Adx 1-: :12:14;;A:NNEE i 50TH AVE NE • I......— a W W W W W W 48TH AVE NE I. 10 47TH AVE NE 1 I (1) f In 4) ri; 12 t to 7 i " r t. E A; p. - 45TH AVE NE i I 11612M I SA. 848 LAND TRUST Nom 2 SENDING i MiCIORTY ROMANY FROM 101.1001.MILISR i . MONO RR RIM STARS KARR IG-044.Dal Imit R e HPO4 I • RECENING . 1001/ • Son lio i r.f.m al Z i S.A.84651.180ISTRICT MAP 4 PAS.5.4ARF-1..1,A — -- '144: S. 41 c Crie,T ATVC I. G:\CDES Planning Services\Comprehensive WaviaBert Harris claim-Hussey\147-13 settlement offer I VYL 12B EXHIBIT "E" LEGAL DESCRIPTION SR 846 LANDS ALL OF SECTION 35 AND 36 IN TOWNSHIP 47 SOUTH, RANGE 27 EAST AND ALL OF SECTIONS 1 AND 2 IN TOWNSHIP 48 SOUTH, RANGE 27 EAST, LESS ROAD RIGHT-OF-WAY FOR COUNTY ROAD 846 (IMMOKALEE ROAD), COLLIER COUNTY, FLORIDA. n 3DG 12 3 > m n M 3rrn c) m Z H I n o Nvo � a Z r. 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RI v 171 m m 73rn 3 m -1 r z �', N m m 3 � D ° � 171 o -1 G ''I m Z 3 ° rn � � ev X O O 70Dm �L, H -I _ F< O Z m m 73 = r- N m -1Oo a n cn r) .4 L I m _ rn z W r Z D m -1 0 3 , C-4 O m H m m u) = � z ,_ -1 o m m m � ` mc X 7o WO^ o �, a `/ o o N n -Dlop � ii n z � -1' z -1 3 rn. z A 1� m "' 0 W -1 D H N ( rD O zoo rt 70 z 3 -lo m O D z1- D Cl. c3z O (C1.< 01 o m Lnrno (D :: N Oz -1 °o9 .. 70 �' xi a p � �D O p m p 3 07 74 7o Op7n -I m O pm 1*O u m o mzrn n G7 al r -a x = 1 \ rn m 3 -i n m V.) m N p 0 0 CI n I co -1 c a Z � a eV n0 m n0 (D a 61 rn �\m n 3 r rn m m Z w -( ( o p a r O u' p° 6C C O T n 3 > z � c = m v nil m m m xr rnrn4 1 3 m m iii 'J GO rt -i M v 3 rnDx) a r O m ~ z 2 m 3 rn � z • X x _ < . = m I r N m -I0 illi, w CI r m Z nV a -1 0 < m T1 m 72 O, o I v o Dz - - C > cJ m 0 n o ,9_, cn A z 3 rn - z n m = m w vo m W -ZI > - c3D O Xzcc C X z 3 � o m v v z � D -I Om C c3z O Ts co O m m r n r " C 1• 1 0 0 z -1 o (111 a °PN ID (D O p mom 3 -1 m O 70 rn y.� 2 G oN a 'a m Z ozrn � � 70 _ I or W - -Im > Li x m m m p D O m co 0 r0 Z Z 7o Orn CO 0 0 n -< = O -I CO acn 72 C v 158 ;- ;3 NOTICE OF CLOSED ATTORNEY-CLIENT SESSION Notice is hereby given that, pursuant to Section 286.011(8), Fla. Stat., the County Attorney desires advice from the Board of County Commissioners in closed attorney-client session on TUESDAY, FEBRUARY 26, 2013. The session will be held at a time certain of 12:00 p.m., in the Commission's Office Conference Room, 3rd Floor, W. Harmon Turner Administration Building F, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, 34112. In addition to Board members, County Manager Leo Ochs, and County Attorney Jeffrey Klatzkow will be in attendance. The Board in closed executive session will discuss: Strategy session related to settlement negotiations and litigation expenditures in the pending cases of: Jerry Blocker, et al. v. Collier County, Case No. 08-9355-CA, and Collier County v. Jerry Blocker, et al., Case No. 09-1281-CA, in the Circuit Court of the Twentieth Judicial Circuit, in and for Collier County, Florida. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA GEORGIA HILLER, CHAIR DWIGHT E. BROCK, CLERK by: /s/ Patricia L. Morgan Deputy Clerk (SEAL) 09-1281-CA/4516