AGENDA Regular Meeting – May 8, 2019 – 9:00 AM Courthouse Annex – Commission Meeting Room

ROLL CALL

ADOPTION OF THE AGENDA

PETITIONS FROM THE PUBLIC – FIVE (5) MINUTE LIMIT

APPROVAL OF THE MINUTES FROM THE REGULAR MEETING HELD April 24, 2019.

CONSTITUTIONAL OFFICER REPORTS

CONSENT AGENDA

1. .

UNFINISHED BUSINESS

1. .

PUBLIC WORKS DEPARTMENT

1. Review with Possible Approval of Bids for Resurfacing of NE Cattail Drive – Mr. Lonnie Thigpen.

2. Review with Possible Approval of Bids for Ne Model Tractor/Boom Mower – Mr. Lonnie Thigpen.

3. Discussion Regarding Closure of SW Ona Lane and SW Cypress Street (Town of Sirmans Plat).

NEW BUSINESS

1. 9:00 am - Public Hearing on the following proposed ordinance of the Board of County Commissioners of Madison County, Florida, amending Madison County Ordinance No. 2033-126, Relating to the fees charged by County for the use of County Parks; Providing that the Board of County Commissioners may set the rate of such fees in such a manner as to charge a higher fee for Non-Florida residents than for Florida residents; Repealing the provisions of such ordinance which provide exemptions from such fees so that such exemptions may be re-adopted by Resolution; Providing for severability; Providing for Repeal of Conflicting ordinances; Providing an effective date.

2. Consideration of the following proposed resolution: Resolution No. 2019-05-08; A Resolution of the Board of County Commissioners of Madison County, Florida setting fees for the Cherry Lake Beach Park; Providing for repeal of conflicting resolutions; Providing for Severability; and Providing for an effective date.

3. Announcement of Public Workshop to Discuss the Proposed NextEra Electrical Transmission Line Scheduled for Tuesday, May 14th at 6:00 p.m. at the Madison County Courthouse.

4. Discussion Regarding Possible Approval of Restrictive Covenants and Easement Agreement with Department of Environmental Protection for the Closed Landfill.

5. Discussion Regarding Appointment of Commissioner to Big Bend Continuum of Care.

6. Discussion Regarding 20th of May Celebration with the Recreation Association.

7. Resolution 2019-05-08A; FL Class Resolution – Mr. Billy Washington, Clerk of the Court.

Planning & Zoning Board Commissioners

Mack Primm, Chair – District 1 – Term Ends January 1, 2022 Alston Kelley, Chair – District 1 Mike Holton – District 2 – Term Ends December 1, 2020 Donnie Waldrep – District 2 Calvin Malone – District 3 – Term Ends February 1, 2021 Ronnie Moore – District 3 Richard Cone – District 4 – Term Ends December 1, 2020 Alfred Martin – District 4 Christy Grass – District 5 – Term Ends February 1, 2021 Rick Davis – District 5 Jeanne Bass – At-Large – Term Ends June 1, 2021 Chad Thurner – At-Large – Term Ends June 1, 2019 Tim Ginn – School Board Representative Dot Alexander – Alternate – Term Ends February 1, 2020

Tourist Development Council

Chair of BOCC or His Designee, Chair to be Re-Appointed Annually Prior to July 1st – Term Ends June 1, 2019 Ina Thompson – Elected Municipal Official from Most Populous Municipality – Term Ends June 1, 2020 Edwin McMullen – Elected Municipal Official from Any Municipality – Term Ends June 1, 2019 Latrelle Ragans – Involved in Tourist Industry and SUBJECT to the Tax – Term Ends June 1, 2020 Brenda Graham – Involved in Tourist Industry and SUBJECT to the Tax – Term Ends June 1, 2019 Trent Abbott – Involved in Tourist Industry and SUBJECT to the Tax – Term Ends June 1, 2020 Jackie Blount – Involved in Tourist Industry and NOT SUBJECT to the Tax* – Term Ends June 1, 2019 Wanda Violet – Involved in Tourist Industry and NOT SUBJECT to the Tax* – Term Ends June 1, 2020 Princess Roebuck – Involved in Tourist Industry and NOT SUBJECT to the Tax* – Term Ends June 1, 2020 *Not More Than One of the Positions Marked with an Asterisk May Also be Filled by a Person who is Subject To the Tax.

Competency Board Code Enforcement Board

Benjamin Grass – Term Expires January 1, 2020 Brian Leonardson – Term Expires January 1, 2022 Travis Renfroe - Term Expires January 1, 2021 Anthony O’Quinn – Term Expires January 1, 2022 Dennis Pitts – Term Expires January 1, 2020 Eddie Taylor – Term Expires January 1, 2022 Jayson Williams – Term Expires January 1, 2020 Curtis Johnson – Term Expires January 1, 2022 Curtis Johnson - Term Expires January 1, 2021 Lynette Sirmon – Term Expires January 1, 2022 Dewayne O’Quinn – Term Expires January 1, 2020 Freddie Simmons – Term Expires January 1, 2022 Danny Plain – Term Expires January 1, 2020 Jimmy Anderson – Term Expires January 1, 2022

Madison County Development Council

BOCC APPOINTEES: Ed Meggs – Term Ends – January 1, 2020 Rick Davis – Term Ends – January 1, 2020

PROCEDURAL RULES FOR THE MEETINGS OF THE BOARD OF COUNTY COMMISSIONERS

The following notices are hereby given to all persons concerning the meetings of the Board of County Commissioners of Madison County, Florida (hereinafter the “Board”): 1. The rules contained in the current edition of Robert’s Rules of Order Newly Revised shall govern the meetings of the Board in all cases to which they are applicable and in which they are not inconsistent with the law, these rules or are otherwise waived by the Board. 2. No comments from the floor will be allowed under any circumstances. 3. The Board shall hear as many comments from the public as practicable during any meeting. 4. No member of the public may address the Board who has not previously signed up to address the Board, unless he or she is requested to do so by the Chair. 5. Any member of the public who wishes to address the Board on any topic, which appears on the agenda or otherwise, must sign up before the scheduled time for public comments. 6. All speakers will be limited to five (5) minutes per topic, unless leave is given by the Chair. 7. Any identifiable group of three (3) persons or more shall be limited to a total of ten (10) minutes per topic. 8. All members of the public given the privilege of addressing the Board, shall do so at the beginning of its scheduled meeting, or immediately following the lunch time break, if the scheduled meeting continues past the lunch time break. 9. The Chair may rule any speaker out of order and require that speaker to cease addressing the Board and if necessary order the bailiff to remove that speaker from the Commission Chambers if: A. The speaker refuses to confine his remarks to the topic at hand. B. The speaker becomes belligerent, irrational, or in any way disruptive to the meeting of the Board, or, C. The speaker refuses to cease addressing the Board after his allotted time. 10. No agenda item will be designated for any specific time other than a time during the first three (3) hours of the meeting, unless leave is given by the Chair. All times shown on the agenda are approximate. 11. No item may be added to the agenda of the Board of County Commissioners except upon request of the Chair, a Board member, the County Manager, the Clerk of the Board or the County Attorney. 12. All decisions of the Chair concerning parliamentary procedures, decorum, or rules of order will be final, unless they are overcome by a majority of the members of the Board in attendance. 13. The Chair shall vote on all issues that come before the Board in the same manner as a member of the Board. Notice: All items listed on the agenda are for discussion & possible action including vote by the Board. The Board reserves the right to amend the agenda of any meeting to the fullest extent allowed by law. Pursuant to the provisions of the Americans with Disabilities Act, if you are a person requiring special accommodations to participate in this meeting of the Board, you are entitled, at no cost to you, to the provision of certain assistance. Please contact Billy Washington, Clerk of Court, at P.O. Box 237, Madison, Florida 32341, telephone: (850)973-1500, at least 48 hours prior to the meeting. If you are hearing or speech impaired, please call 711. If a person decides to appeal any decision made by the Board with respect to any matter considered at this meeting he or she will need a record of the proceedings, and that, for such purpose, he or she will need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS

MADISON COUNTY, FLORIDA

COURTHOUSE ANNEX

MINUTES OF THE REGULAR MEETING

WEDNESDAY, APRIL 24, 2019

6:00 P.M.

The Board of County Commissioners of Madison County, Florida met this day in regular session with the following members present: Alston Kelley (District 1), Donnie Waldrep (District 2), Ronnie Moore (District 3), Alfred Martin (District 4), and Rick Davis (District 5). Also present were County Attorney George T. Reeves, County Coordinator Brian Kauffman and Clerk Billy Washington.

The Chairman, Honorable Alston Kelley, called the meeting to order at 6:00 p.m. and conducted roll call.

Clerk Washington asked to remove New Business Item #1 – FLClass Resolution from the agenda. Commissioner Moore presented a motion to adopt the agenda with New Business Item #1 removed. Commissioner Martin seconded the motion. The Board voted unanimously (5-0) to adopt the agenda.

Commissioner Martin presented a motion to approve the minutes of the regular meeting held April 10, 2019 and the special meeting held April 15, 2019. Commissioner Waldrep seconded the motion and the board voted unanimously (5-0) to approve the minutes.

Commissioner Martin presented a motion to approve the Consent Agenda. Commissioner Moore seconded the motion and the board voted unanimously (5-0) to approve items on the Consent Agenda. Items on the Consent Agenda were as follows: 1. Emergency Management Sub-grant Public Assistance Funding Agreement Related to Hurricane Michael. 2. Approval of Tourist Development Grant for 20th of may Celebration - $4,500.00. 3. Budget Amendment Request for Sheriff’s Office to Amend for Actuals. 4. Renewal of Contract with the Department of Revenue for Child Support Services.

New Business Item #2 – Proclamation for National Public Safety Tele- communicators Week, April 14-20, 2019. Clerk Washington read the proclamation and Commissioner Martin presented a motion to approve the proclamation. Commissioner Board of County Commissioners April 24, 2019 Page 2 of 3

Waldrep seconded the motion and the board voted unanimously (5-0) to approve the proclamation.

New Business Item #3 – Update on West Nile Virus in Madison County. Mosquito Control Director Jamie Willoughby presented an update to the board of the recently reported West Nile infection of a horse in Madison County. He explained that on April 8th, a horse in Madison County tested positive for West Nile Virus and Eastern Equine Encephalitis (EEE). The horse was euthanized and mosquito control began trapping and identifying mosquito species in the area. He reported that the mosquito control department had increased spray missions in the area.

New Business Item #4 – Discussion Regarding Old Health Department Building. Mr. Kauffman reported to the board the current condition of the building and the monthly costs associated with the building. He explained that the building was currently vacant and that he would like the board’s direction regarding the building. After discussion, Commissioner Moore presented a motion to declare the building as surplus and seek and appraisal. This motion died for lack of a second. Members discussed their reluctance to declare the building as surplus property. Following further discussion concerning possible uses of the building, Commissioner Waldrep presented a motion to seek an appraisal for the building. Commissioner Martin seconded the motion and the board voted unanimously (5-0) to seek an appraisal for the building.

Good of the Order:

Commissioner Kelley expressed a concern with cancellations of reservations by board members, including himself, and the issues that causes for the clerk’s finance department. He thought board members should make reservations for themselves and then be reimbursed.

Commissioner Martin questioned Attorney Reeves about the closing of Ona Road and the associated process. After explanation, Commissioner Martin asked for this item to be placed on the agenda for the next regular meeting.

Mr. Reeves explained that the recently adopted Ordinance Related to Large Scale Land Use Comprehensive Plan Amendment for Mr. William Floyd contained a scrivener’s error, wherein the Department of Community Affairs should have been listed as the Department of Economic Opportunity. The board agreed with this correction by consensus.

There being no further business, the Chairman adjourned the meeting at 6:51 p.m.

Board of County Commissioners Madison County, Florida

Board of County Commissioners April 24, 2019 Page 3 of 3

By: ______Alston Kelley, Chairman

ATTEST:

______William D. Washington, Clerk to the Board of County Commissioners

Proposed Improvements for NE Cattail Drive Resurfacing - FY 2019-01

SCRUGGS CO. PEAVY & SONS ANDERSON COLUMBIA CAPITAL ASPHALT County Estimate UNIT OF ITEM DESCRIPTION QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT MEASURE

STREETS: 1. Mobilization 1 LS $18,530.73 $18,530.73 $25,000.00 $25,000.00 $70,537.12 $70,537.12 $75,000.00 $75,000.00 $50,000.00 $50,000.00

2. Maintenance of Traffic 1 LS $11,125.73 $11,125.73 $20,000.00 $20,000.00 $61,275.13 $61,275.13 $15,000.00 $15,000.00 $30,000.00 $30,000.00

3. Type B - 12.5 Superpave Base 5" Thick 355 SY $42.05 $14,927.75 $65.00 $23,075.00 $46.14 $16,379.70 $40.00 $14,200.00 $50.00 $17,750.00

4. Tack Coat 1,574 Gal $2.75 $4,328.50 $4.00 $6,296.00 $3.93 $6,185.82 $5.00 $7,870.00 $4.00 $6,296.00

5. 2" Fine Type SP-12.5 "Warm Mix" Surface Course 4,466 Ton $87.39 $390,283.74 $105.00 $468,930.00 $100.63 $449,413.58 $115.00 $513,590.00 $110.00 $491,260.00 6. Concrete Spillway / Flume 2 EA $811.78 $1,623.56 $2,500.00 $5,000.00 $3,027.05 $6,054.10 $5,000.00 $10,000.00 $1,500.00 $3,000.00

7. Tie into Existing Paved Roadways 1 LS $2,633.55 $2,633.55 $3,000.00 $3,000.00 $2,515.31 $2,515.31 $15,000.00 $15,000.00 $1,000.00 $1,000.00

8. 18 " CMP-AC 32 LF $55.19 $1,766.08 $150.00 $4,800.00 $98.87 $3,163.84 $150.00 $4,800.00 $100.00 $3,200.00

9. 18 " MES 2 EA $1,325.54 $2,651.08 $1,000.00 $2,000.00 $1,190.57 $2,381.14 $1,500.00 $3,000.00 $1,350.00 $2,700.00

10. Sodding 1 LS $14,371.08 $14,371.08 $24,249.00 $24,249.00 $15,740.63 $15,740.63 $20,000.00 $20,000.00 $20,000.00 $20,000.00

11. Shoulder Work 1 LS $17,613.83 $17,613.83 $60,000.00 $60,000.00 $32,081.83 $32,081.83 $75,000.00 $75,000.00 $90,000.00 $90,000.00

12. Striping and Marking 1 LS $19,584.37 $19,584.37 $30,000.00 $30,000.00 $21,908.54 $21,908.54 $15,000.00 $15,000.00 $25,000.00 $25,000.00 Total: $499,440.00 Total: $672,350.00 Total: $687,636.74 Total: $768,460.00 Total: $740,206.00

Cost per Mile of Roadway: $180,956.52 $244,490.91 $250,049.72 $279,440.00 $269,165.82

Miscellaneous Prices

1. Loading, Hauling and Spreading Add'l Dirt for Shoulders 1 CY $16.93 $16.93 $30.00 $30.00 $9.69 $9.69 $25.00 $25.00

2. Erosion Control 1 LF $5.41 $5.41 $8.00 $8.00 $2.42 $2.42 $5.00 $5.00

ORDINANCE NO. 2019-

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MADISON COUNTY, FLORIDA, AMENDING MADISON COUNTY ORDINANCE NO. 2003-126, RELATING TO THE FEES CHARGED BY COUNTY FOR THE USE OF COUNTY PARKS; PROVIDING THAT THE BOARD OF COUNTY COMMISSIONERS MAY SET THE RATE OF SUCH FEES IN SUCH A MANNER AS TO CHARGE A HIGHER FEE FOR NON- FLORIDA RESIDENTS THAN FOR FLORIDA RESIDENTS; REPEALING THE PROVISIONS OF SUCH ORDINANCE WHICH PROVIDE EXEMPTIONS FROM SUCH FEES SO THAT SUCH EXEMPTIONS MAY BE RE-ADOPTED BY RESOLUTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING AN EFFECTIVE DATE.

RECITALS

WHEREAS, Madison County (hereinafter the “County”) is a non-charter county as that term is used in Article VIII, Section 1(f), Florida Constitution; and,

WHEREAS, the County is given its home rule powers by the Florida Constitution,

Section 125.01, Florida Statutes, and other provisions of Florida Law; and,

WHEREAS, the Board of County Commissioners of the County, (hereinafter the

“Board”) is the governing body of the County; and,

WHEREAS, the Board is authorized pursuant to Section 125.01(1)(f), Florida Statutes and its home rule powers to provide parks, preserves, playgrounds, recreation areas, libraries, museums, historical commissions, and other recreation and cultural facilities and programs within the jurisdiction of Madison County; and,

WHEREAS, the Florida Attorney General has issued Op. Att’y Gen. Fla. 87-58 (1987) in which the Florida Attorney General has given the opinion that in setting fees for the use of parks the State may use a differential fee system whereby nonresidents of the state are charged more for

-1- access and use of such parks than residents provided that a valid state purpose exists for distinguishing between residents and nonresidents of the state and that the differential fee system reasonably related to carrying out that purpose; and,

WHEREAS, the Board believes that there may be instances in which charging such a differential fee for the use of County parks may be justified and wishes to authorize itself to do so where it finds the circumstances warrant; and,

WHEREAS, the Board notes that the Florida Department of Environmental Protection has enacted Rule 62D-2.014(2)(b)5, Florida Administrative Code, which employs such a differential fee system for the Florida State Parks by providing a fifty percent discount on base camping fees to Florida residents (and not the residents of other states) who are either 65 years of age or disabled; and,

WHEREAS, the Board has held a properly noticed public hearing and has considered all of the matters presented at such hearing prior to the adoption of this ordinance; and,

WHEREAS, the Board has complied with all other requirements imposed by Florida law for the enactment of this ordinance.

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF

MADISON COUNTY:

Section I: The above recitals are hereby incorporated into this ordinance as if restated herein and constitute the legislative findings and intent of the Board of County Commissioners

(hereinafter the “Board”) of Madison County, Florida (hereinafter the “County”).

Section II: Section V(H) of Ordinance No. 2003-126 is hereby amended, altered and, changed to read as follows:

-2- H. Fees. Persons who use the park and park property shall be charged a reasonable fee as determined by resolution of the Board. Such resolution may provide as follows:

(1) The fee for any park may be zero ($0.00) dollars.

(2) Different fees may be charged for the use of different parks and park property.

(3) The collection of fees in any manner the Board sees fit including the use of an honesty box system in which the users of the facility are on their honor to pay the fees.

(4) Different fees may be charged to non-Florida residents than to Florida residents, provided that the Board finds that a valid state purpose exists for distinguishing between residents and nonresidents of the state and that the differential fee system reasonably related to carrying out that purpose.

Section II: Except as expressly amended herein, the provisions of Ordinance No. 2003-

126 and Ordinance No. 2012-203 shall remain unchanged.

Section III: It is the declared intent of the Board that, if any section, subsection, sentence, clause, phrase, or provision of this ordinance is held invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not be so construed as to render invalid or unconstitutional the remaining provisions of this ordinance.

Section V. All ordinances or portions of ordinances in conflict with the provisions of this ordinance are hereby repealed. Further section V(J) of Ordinance No. 2003-126 as amended, altered and, changed by Ordinance No. 2012-203 is hereby amended, altered and changed to delete sub section V(J)(5).

Section VI. This ordinance shall take effect as provided by law.

(The remainder of this page was intentionally left blank.)

-3- ORDAINED upon due motion, second, after discussion, by majority vote this _____ day of ______, 20____.

BOARD OF COUNTY COMMISSIONERS MADISON COUNTY, FLORIDA

BY: ______H. Alston Kelly Chair

ATTEST:______William D. Washington, Clerk

-4- Mr. Tom Gardner, 1987 Fla. Op. Atty. Gen. 158 (1987)

1987 Fla. Op. Atty. Gen. 158 (Fla.A.G.), Fla. AGO 87-58, 1987 WL 269976

Office of the Attorney General

State of Florida AGO 87–58

October 2, 1987

*1 Mr. Tom Gardner Executive Director Department of Natural Resources Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399–3000

Dear Mr. Gardner:

You have asked my opinion on the following questions:

(1) Would it be legally permissible for the Department of Natural Resources to implement a differential fee system whereby nonresidents of Florida are charged more for access and use of the state park system than residents?

(2) If so, what justification must the department provide and what legal restrictions would apply?

It is my opinion that the Department of Natural Resources, under the authority granted pursuant to s. 258.014, F.S., may implement a differential fee system whereby nonresidents of the state are charged more for access and use of the state park system than residents. Any such fee differential, however, would need to have a rational basis. Thus, the Department would be required to show that a valid state purpose existed for distinguishing between residents and nonresidents of the state and that the differential fee system reasonably related to carrying out that purpose.

As the answer to your first question necessarily includes comment on the second question, the two questions will be answered together.

The Division of Recreation and Parks of the Department of Natural Resources may charge reasonable fees, rentals or charges for the use of facilities in state parks.1 Collected fees, rentals and charges are deposited in the State Treasury to the credit of the “State Park Trust Fund.” The fund is used by the division for, among other things, the administration, improvement and maintenance of state parks.2 There is presently no provision for differential fees for residents and nonresidents.3

This office in AGO 76–124 previously stated that a municipality seeking to impose higher fees on nonresidents using municipal recreational facilities would have to show that the differential would have to reflect, and be substantially related to, all economic factors. Additionally, a definite financial burden on the municipality in park maintenance costs clearly justifying a higher fee for nonresidents would have to be

© 2018 Thomson Reuters. No claim to original U.S. Government W orks. 1 Mr. Tom Gardner, 1987 Fla. Op. Atty. Gen. 158 (1987)

shown.

Unlike AGO 76–124, in which a municipality wished to impose higher fees upon all nonresidents of the municipality (including citizens of the state), your question concerns the imposition of higher fees for access and use of the state park system on nonresidents of the state. As stated in 64 C.J.S. Municipal Corporations, s. 1818b., “[o]rdinarily land held by a municipality for park purposes is held for the benefit of the people of the state at large and not only for the benefit of local inhabitants....” (e.s.)

This office recognized such a concept in considering whether a municipality could exclude nonresidents from municipal parks. In AGO 74–279 this office stated that public parks are held not for the sole use of the people of a particular community but for the use of the general public which the Legislature represents. As such, they are of more than local interest and become a concern of the state.4

*2 Clearly, any classification based upon residency would have to comply with the mandates established by the Equal Protection Clause and the Privileges and Immunities Clause of the Fourteenth Amendment as well as the Interstate Commerce Clause of the United States Constitution.5

In those situations where no fundamental right or suspect classification is involved, the rational basis test is applicable in determining whether state action violates the United States Constitution.6 This test requires only that state action bear some reasonable relationship to a legitimate state purpose.7 In determining if state action is constitutional under this standard, the question that must be resolved is whether the governing body could rationally have believed and decided that the particular classification chosen would promote a legitimate state purpose.8

Classifications based upon residency involve no suspect class nor fundamental right.9 Case law makes it clear that a state, under certain conditions, may prefer its own residents over the residents of other states or condition the enjoyment of nonresidents in recreational activities created or supported by the state.

For example, in Vlandis v. Kline,10 the U.S. Supreme Court recognized that a state has a legitimate interest in protecting and preserving the quality of its colleges and universities and the right of its bona fide residents to attend such institutions on a preferential tuition basis.11 The courts have held that classifying students as residents or nonresidents for tuition purposes does not affect a fundamental right.12 Instead the courts have found that such classifications are reasonably related to a legitimate state interest, that of cost equalization between those who have contributed to the state's revenues through taxes and those who have not.13

Fee differentials for residents and nonresidents have been upheld in other areas. In Baldwin v. Fish & Game Commission of Montana,14 the U.S. Supreme Court upheld a higher hunting license fee imposed upon nonresidents by the State of Montana.15 The Court stated that, where the opportunity to enjoy a recreational activity is created or supported by a state, where there is no nexus between the activity and any fundamental right, and where by its very nature the activity can be enjoyed by only a portion of those who would enjoy it, a state may prefer its residents over the residents of other states or condition the enjoyment of the nonresident upon such terms as it sees fit.16

Lands held in the name of the Board of Trustees of the Internal Improvement Trust Funds are held in trust for the use and benefit of the people of the state.17 I am not aware of any judicial determination which holds

© 2018 Thomson Reuters. No claim to original U.S. Government W orks. 2 Mr. Tom Gardner, 1987 Fla. Op. Atty. Gen. 158 (1987)

that this responsibility extends to the nonresidents of the state. It is also the policy of this state to conserve and protect the natural resources and scenic beauty of the state.18

*3 Accordingly, the Department of Natural Resources may implement a state park fee system, distinguishing between residents and nonresidents of the state, provided it determines that a valid state purpose exists and the implementation of such a fee system reasonably relates to carrying out that purpose.

Sincerely,

Robert A. Butterworth Attorney General Footnotes

1 Section 258.014, F.S. See, s. 20.25(1), F.S., providing that the head of the Department of Natural Resources is the Governor and Cabinet.

2 Section 258.014, F.S.

3 Rule 16D–2.002(11)(b), F.A.C., providing a fee schedule for the use of state park facilities.

4 And see, 38 Fla.Jur.2d Parks and Recreation Centers s. 10.

5 See, s. 1, Amend. XIV, U.S. Const. (no state shall make or enforce any law which abridges the privileges or immunities of the citizens of the United States, nor deny to any person within its jurisdiction the equal protection of the laws) and cl. 3, s. 8, Art. I, U.S. Const. (Congress empowered to regulate commerce among the several states). And see, AGO's 74–279 and 76–124 recognizing that any resident-nonresident classification taken by a municipality must comply with these constitutional provisions.

6 See AGO's 74–279 and 76–124. Cf., City of Maitland v. Orlando Bassmasters Association of Orlando, Florida, Inc., 431 So.2d 178 (5 D.C.A.Fla., 1983), in which the district court found no rational basis in a municipal ordinance which prohibited nonresidents of the city from obtaining parking permits for boat trailer spaces in a municipal lakefront park; rather, the only basis for the ordinance was the fact that residents desired an assured parking space near the municipal boat ramp.

7 See, Vildibill v. Johnson, 492 So.2d 1047, 1050 (Fla.1986) (statutory classification that is neither suspect nor invades a fundamental right must only be rationally related to a legitimate state interest); Markham v. Fogg, 458 So.2d 1122 (Fla.1984), citing In re Estate of Greenberg, 390 So.2d 40 (Fla.1980) (rational basis or minimum scrutiny test generally employed in equal protection analysis requires only that a statute bear some reasonable relationship to a legitimate state purpose; incidental result of inequality or lack of mathematical precision in drafting of the statute will not result in its invalidity).

8 Waste Aid Systems, Inc. v. Citrus County, Florida, 613 F.Supp. 102, 106 (M.D.Fla., 1985).

© 2018 Thomson Reuters. No claim to original U.S. Government W orks. 3 Mr. Tom Gardner, 1987 Fla. Op. Atty. Gen. 158 (1987)

9 See, AGO's 74–279 and 76–124.

10 412 U.S. 451 (1973). And see, Hayes v. Board of Regents, 495 F.2d 1326 (6 Cir.1974).

11 See, s. 240.1201, F.S., and F.A.C. Rule 6C–7.005, defining Florida resident for purposes of assessing fees classified as resident or nonresident, and Weitzel v. State, 306 So.2d 188 (1 D.C.A.Fla., 1974), concluding that the legislature intended to grant the Board of Regents “full power and authority” to prescribe rules, policies and regulations incident to tuition fees, differentiating between citizens of the state and students from other states.

12 56 A.L.R.3d s. 3(a), p. 651.

13 Id., at s. 2(b), p. 648.

14 436 U.S. 371 (1978).

15 Compare, s. 372.57, F.S. (1986 Supp.), and s. 1, Ch. 87–261, Laws of Florida, providing fee differential for hunting and fishing licenses for residents and nonresidents.

16 436 U.S. at 378, citing Montana Outfitters Action Group v. Fish & Game Commission, 417 F.Supp. 1005, 1010 (Mont.1976).

17 Section 253.001, F.S., provides that all lands held in the name of the Board of Trustees of the Internal Improvement Trust Fund shall continue to be held in trust for the use and benefit of the people of the state pursuant to s. 7, Art. II, and s. 11, Art. X, State Const. Section 7, Art. II, State Const., provides that “[i]t shall be the policy of the state to conserve and protect its natural resources and scenic beauty.” Section 11, Art. X of the Constitution provides in part that “title to lands under navigable waters, within the boundaries of the state, which have not been alienated, including beaches below mean high water lines, is held by the state, by virtue of its sovereignty, in trust for all the people.”

18 Section 7, Art. II, State Const.

1987 Fla. Op. Atty. Gen. 158 (Fla.A.G.), Fla. AGO 87-58, 1987 WL 269976 End of Document © 2018 Thomson Reuters. No claim to original U.S. Government Works.

© 2018 Thomson Reuters. No claim to original U.S. Government W orks. 4 FLORIDA STATE PARKS FEE SCHEDULE (Fees are per day unless otherwise noted)

1. Statewide Fees

Admission Range $1.00** - $10.00** (Does not include buses or admission to Ellie Schiller Homosassa Springs Wildlife State Park or Weeki Wachee Springs State Park)

Single-Occupant Vehicle or Motorcycle Admission $4.00 - $6.00** (Includes motorcycles with one or more riders and vehicles with one occupant)

Per Vehicle Admission $5.00 - $10.00** (Allows admission for 2 to 8 people per vehicle; over 8 people requires additional per person fees)

Pedestrians, Bicyclists, Per Passenger Exceeding 8 Per Vehicle; Per $2.00 - $5.00** Passenger In Vehicles With Holder of Annual Individual Entrance Pass Admission

Economically Disadvantaged Admission One-half of base (Must be Florida resident admission fee** and currently participating in Food Stamp Program)

Bus Tour Admission $2.00** per person (Does not include Ellie Schiller Homosassa Springs Wildlife State Park, or $60.00 Skyway Fishing Pier State Park, or Weeki Wachee Springs State Park) whichever is less

Honor Park Admission Per Vehicle $2.00 - $10.00** Pedestrians and Bicyclists $2.00 - $5.00**

Sunset Admission $4.00 - $10.00** (Per vehicle, one hour before closing)

Florida National Guard Admission One-half of base (Active members, spouses, and minor children; validation required) admission fee**

Children, under 6 years of age Free (All parks)

Annual Entrance Pass Fee Range $20.00 - $500.00

Individual Annual Entrance Pass $60.00 (Retired U. S. military, honorably discharged veterans, active-duty $45.00 U. S. military and reservists; validation required)

Family Annual Entrance Pass $120.00 (maximum of 8 people in a group; only allows up to 2 people at Ellie Schiller Homosassa Springs Wildlife State Park and Weeki Wachee Springs State Park) (Retired U. S. military, honorably discharged veterans, active-duty $90.00 U. S. military and reservists; validation required)

Commercial Annual Entrance Pass $250.00 - $500.00 (Under development)

Annual Entrance Passes allow admission to all parks in lieu of paying the general admission fee, except Skyway Fishing Pier State Park, where passes are valid for a 33% discount; additional local fees may apply (example: Monroe County Surcharge); does not waive other special use fees charged at some parks (examples: boat and cave tours, boat launch, tubing access, gardens admission, etc.)

Pursuant to Chapter 258, Florida Statutes, and Rule 62D-2.014, Fla. Admin. Code, the Division of Recreation and Parks has the authority to regulate recreational activity in the Parks. Location, price, and availability of certain recreational activities may vary due to public safety, resource management, or other reasons. Please confirm the recreational activity in which you want to participate is available at the location and on the date you plan to visit. Prices and availability subject to change without notice.

Effective October 1, 2013 **Includes all state and local taxes. 1 Rev. 092713.3 FLORIDA STATE PARKS FEE SCHEDULE (Fees are per day unless otherwise noted)

Annual After Hours Permit $25.00 (Selected parks; eligible only to the holder of a current Annual Individual Entrance Pass or Annual Family Entrance Pass)

Museums and Visitor Centers Range $2.00 - $10.00**

Camping Range $1.00 - $60.00

Base Family Campsite $10.00 - $60.00

Senior/Disabled Citizen Camping One-half of base (Must be Florida resident, over 65 years or 100% disabled) camping fee

Primitive Camping $5.00 (Per person)

Organized Youth or Adult Group Camping (Per person) Youth $1.00 Adult(s) or chaperone(s) $5.00

Overnight Parking $10.00 - $20.00 (Self-contained camping rigs only; limited to 1 night when there are no campsite vacancies)

Dump station $10.00 (Per unit, non-registered camper)

Showers $8.00 (Per person, non-registered camper)

Utilities $7.00 (Per unit, each, water or electric, non-registered camper)

Large Facilities, Group Camping Range $150.00 - $500.00 (Hugh Taylor Birch State Park, O'Leno State Park, and Wekiwa Springs State Park)

Boat Slip Per Foot Range $1.00 - $3.00**

Cabins Range $30.00 - $180.00

Cleaning Surcharge Range $50.00 - $150.00 (Meeting space, amphitheaters, recreation halls, cabins, etc.; to be charged retroactively if overnight guests or groups do not clean up facilities or grounds)

Instructor's Certification Diving in Parks Range $150.00 - $200.00

Annual Springs-Diving Instructor Pass $200.00 (Cavern/cave; selected parks; good for up to two instructors; valid for use only by pass holder and/or employees/ assistants; includes admission for diving visits only)

Annual Open-Water Diving Instructor Pass $150.00 (Selected parks; good for up to two instructors; valid for use only by pass holder and/or employees/ assistants; includes admission for diving visits only)

Boat Launch Range $4.00 - $15.00 (Per boat)

Effective October 1, 2013 **Includes all state and local taxes. 2 Rev. 092713.3 FLORIDA STATE PARKS FEE SCHEDULE (Fees are per day unless otherwise noted)

Extra Vehicle Overnight At Boat Ramp Range $3.00 - $15.00

Pavilions and Facilities Rentals Range $10.00 - $2,500.00

Miscellaneous

Equipment Rental Market Conditions (Canoes, kayaks, paddle boats, bicycles and other equipment, etc.)

Concession Sales Market Conditions

User Discounts/Incentives Market Conditions (May be offered for marketing programs such as organized tour discounts, free day-entry to increase public awareness of park facilities and activities, free camping period to familiarize campers with underutilized parks, etc.)

Special Use Market Conditions (Privately sponsored activities, e.g., surfing contests, other sporting events, weddings (includes admission), special group tours, etc.)

Short Term Vendor Permit Market Conditions (Special event support)

Special Programs/Recreational Use Market Conditions (Per person, park sponsored events, e.g., reenactments, visitor programs, pool admission, fishing piers, tubing access, ancillary entrance points, gardens admission, etc.)

Tours Range $1.00 - $250.00** (Per person, selected parks; does not include admission; does not apply to contract concessions tours) Adults $2.00 - $80.00** Children, age 6 through 12 $1.00 - $40.00**

Photography Permit (Per park; does not include admission) Photography is permitted without fee for all purposes except where normal park operations are disrupted or for resource protection. Then the following will apply. Still Photography Operating hours $75.00 After-hours $100.00

Videography and Cinematography Market Conditions

Effective October 1, 2013 **Includes all state and local taxes. 3 Rev. 092713.3 FLORIDA STATE PARKS FEE SCHEDULE (Fees are per day unless otherwise noted)

2. Day Use Entrance Fees

PARKS UNDER 125,000 ANNUAL ATTENDANCE $5.00** (Non-Honor Parks)

PARKS OVER 125,000 ANNUAL ATTENDANCE Alfred B. Maclay Gardens State Park $6.00** Big Lagoon State Park $6.00** Blue Spring State Park $6.00** Caladesi Island State Park $6.00** DeLeon Springs State Park $6.00** Delnor-Wiggins Pass State Park $6.00** Dr. Julian G. Bruce St. George Island State Park $6.00** Edward Ball Wakulla Springs State Park $6.00** Fanning Springs State Park $6.00** Fort Clinch State Park $6.00** Fort Pierce Inlet State Park $6.00** Fort Zachary Taylor Historic State Park $6.00** Henderson Beach State Park $6.00** Highlands Hammock State Park $6.00** Hillsborough River State Park $6.00** Hugh Taylor Birch State Park $6.00** Ichetucknee Springs State Park $6.00** John U. Lloyd Beach State Park $6.00** Jonathan Dickinson State Park $6.00** Manatee Springs State Park $6.00** Myakka River State Park $6.00** Oleta River State Park $6.00** Paynes Prairie Preserve State Park $6.00** T.H. Stone Memorial St. Joseph Peninsula State Park $6.00** Topsail Hill Preserve State Park $6.00** Wekiwa Springs State Park $6.00**

PARKS OVER 500,000 ANNUAL DAY USE ATTENDANCE Anastasia State Park $8.00** Bahia Honda State Park $8.00** Bill Baggs Cape Florida State Park $8.00** Honeymoon Island State Park $8.00** John Pennekamp Coral Reef State Park $8.00** Lovers Key State Park $8.00** Sebastian Inlet State Park $8.00** Silver Springs State Park $8.00** St. Andrews State Park $8.00**

3. Park Specific Fees

Ellie Schiller Homosassa Springs Wildlife State Park Admission Adults $13.00** Children, age 6 through 12 $5.00**

Weeki Wachee Springs State Park Admission (Includes access to Buccaneer Bay) Adults $13.00** Children, age 6 through 12 $8.00**

Effective October 1, 2013 **Includes all state and local taxes. 4 Rev. 092713.3 FLORIDA STATE PARKS FEE SCHEDULE (Fees are per day unless otherwise noted)

4. Overnight Accommodations Fees (Includes admission)

Alafia River State Park Camping: All Year $22.00

Anastasia State Park Camping: All Year $28.00

Bahia Honda State Park Camping: All Year $36.00 Cabins: May 1 - October 31 $120.00 November 1 - April 30 $160.00 (Vacation, sleep 4 - 6 persons)

Big Lagoon State Park Camping: All Year $20.00

Bill Baggs Cape Florida State Park Camping: All Year $20.00 (Boats)

Blackwater River State Park Camping: All Year $20.00

Blue Spring State Park Camping: All Year $24.00 Cabins: All Year $95.00 (Vacation, sleep 6 persons)

Caladesi Island State Park Camping: All Year (Boats) Reserveable sites $24.00** Non-reserveable sites $1.00 per foot

Cayo Costa State Park Camping: All Year Land $22.00** Boats $20.00** Cabins: All Year $40.00** (Primitive, sleep 6 persons)

Collier-Seminole State Park Camping: All Year $22.00

Curry Hammock State Park Camping: All Year $36.00

Dr. Julian G. Bruce St. George Island State Park Camping: All Year $24.00

Edward Ball Wakulla Springs State Park Rooms: All Year $95.00 - $150.00 Vacation, sleep 2 - 4 persons

Falling Waters State Park Camping: All Year $18.00

Fanning Springs State Park Cabins: All Year $100.00 (Vacation, sleep 6 persons)

Effective October 1, 2013 **Includes all state and local taxes. 5 Rev. 092713.3 FLORIDA STATE PARKS FEE SCHEDULE (Fees are per day unless otherwise noted)

Faver-Dykes State Park Camping: All Year $18.00

Florida Caverns State Park Camping: All Year $20.00

Fort Clinch State Park Camping: All Year $26.00

Fred Gannon Rocky Bayou State Park Camping: All Year $16.00

Gamble Rogers Memorial State Recreation Area at Flagler Beach Camping: All Year $28.00

Grayton Beach State Park Camping: All Year Old Campsites $24.00 New Campsites $30.00 Cabins: August 1 - January 31 Nightly $110.00 Weekly $705.00 February 1 - July 31 Nightly $130.00 Weekly $775.00 (Vacation, sleep 6 persons)

Henderson Beach State Park Camping: All Year $30.00

Highlands Hammock State Park Camping: All Year $22.00 Wilderness Camping: All Year $18.00

Hillsborough River State Park Camping: All Year $24.00

Hontoon Island State Park Camping: All Year Land $18.00 Boats $18.00 Cabins: All Year $30.00 (Primitive, sleep 4 persons) Cabins: All Year $35.00 (Primitive, sleep 6 persons)

John Pennekamp Coral Reef State Park Camping: All Year $36.00

Jonathan Dickinson State Park Camping: All Year $26.00

Kissimmee Prairie Preserve State Park Camping: All Year $16.00

Koreshan State Historic Site Camping: All Year $26.00

Lafayette Blue Springs State Park Cabins: All Year $100.00 (Vacation, sleep 6 persons)

Lake Griffin State Park Camping: All Year $18.00

Effective October 1, 2013 **Includes all state and local taxes. 6 Rev. 092713.3 FLORIDA STATE PARKS FEE SCHEDULE (Fees are per day unless otherwise noted)

Lake Kissimmee State Park Camping: All Year $20.00

Lake Louisa State Park Camping: All Year $24.00 Cabins: All Year $120.00 (Vacation, sleep 6 persons)

Lake Manatee State Park Camping: All Year $22.00

Little Manatee River State Park Camping: All Year $22.00

Little Talbot Island State Park Camping: All Year $24.00

Long Key State Park Camping: All Year $36.00

Manatee Springs State Park Camping: All Year $20.00

Mike Roess Gold Head Branch State Park Camping: All Year $20.00 Cabins: All Year Nightly $65.00 Weekly $425.00 (Historic, sleep 4 persons) All Year Nightly $75.00 Weekly $490.00 (Rustic, sleep 6 persons) All Year Nightly $100.00 Weekly $650.00 (Vacation, sleep 6 persons)

Myakka River State Park Camping: All Year $26.00 Cabins: All Year $70.00 (Historic, sleep 6 persons)

O'Leno State Park Camping: All Year $18.00

Ochlockonee River State Park Camping: All Year $18.00

Oleta River State Park Cabins: All Year $55.00 (Rustic, sleep 2 - 4 persons)

Oscar Scherer State Park Camping: All Year $26.00

Paynes Prairie Preserve State Park Camping: All Year $18.00

Rainbow Springs State Park Camping: All Year $30.00

Sebastian Inlet State Park Camping: All Year $28.00

Effective October 1, 2013 **Includes all state and local taxes. 7 Rev. 092713.3 FLORIDA STATE PARKS FEE SCHEDULE (Fees are per day unless otherwise noted)

Silver Springs State Park Camping: All Year $24.00 Cabins: All Year $110.00 (Vacation, sleep 6 persons)

St. Andrews State Park Camping: All Year $28.00

Stephen Foster Folk Culture Center State Park Camping: All Year $20.00 Cabins: All Year $100.00 (Vacation, sleep 6 persons)

Suwannee River State Park Camping: All Year $22.00 Cabins: All Year $100.00 (Vacation, sleep 6 persons)

T.H. Stone Memorial St. Joseph Peninsula State Park Camping: All Year $24.00 Cabins: All Year Nightly $100.00 Weekly $650.00 (Vacation, sleep 6 persons)

Three Rivers State Park Camping: All Year $16.00 Cabin: All Year Nightly $65.00 Weekly $425.00 (Rustic, sleeps 4 persons)

Tomoka State Park Camping: All Year $24.00

Topsail Hill Preserve State Park Camping: All Year Old Campsites $42.00 Tent Campsites $24.00 Bungalows: August 1 - January 31 Nightly $100.00 Weekly $690.00 February 1 - July 31 Nightly $120.00 Weekly $785.00 (Vacation, sleep 4 persons) Cabins: August 1 - January 31 Nightly $130.00 Weekly $850.00 February 1 - July 31 Nightly $145.00 Weekly $950.00 (Vacation, sleep 6 persons)

Torreya State Park Camping: All Year $16.00 Yurt: All Year Nightly $40.00 Weekly $260.00 (Primitive, sleeps 5 persons)

Wekiwa Springs State Park Camping: All Year $24.00

Effective October 1, 2013 **Includes all state and local taxes. 8 Rev. 092713.3 Oct. 20. 2010 2:26PM No. 2312.. P. 2 -·· - - ORDINANCE 2003-126

AN ORDINANCE OF THE BOARD OF COUN'IY COMMISSIONERS OF MADISON COUNTY, FLORIDA, RELATING TO MADISON COUNTY PARKS; PROVIDING A TITLE; PROVIDING DEFINITIONS; AUTHORIZING THE PROMULGATION OF RULES AND REGULATIONS REGARDING ACTIVITIES WITHIN COUNTY PARKS; PROHIBITING CERTAIN ACTIVITIES IN COUNTY PARl

RECITALS

WHEREAS, Madison County is a political subdivision of the

State of Florida and a non-charter county as that term is used in

Article VIII, Section 1(f), Florida Constitution; and,

WHEREAS, Madison county is given its home rule powers by the

Florida Constitution, Section 125.0l, Florida Statutes, and other

provisions of Florida Law; and, WHEREAS, the Board of county Corrunissioners of Madison County,

Florida (hereinafter the 'Board") is the governing body of Madison County, Florida; and, WHEREAS, the Board is authorized pursuant to Section

125.0l(l) (f), Florida Statutes and its home rule powers to provide parks, preserves, playgrounds, recreation areas, libraries,

museums, historical commissions, and other recreation and cultural

facilities and programs within the jurisdiction of Madison County; and,

WHEREAS, the Board finds that the citizens of Madison County

-1- Oct. 20. 2010 2:26PM No. 2312 P. 3 ~------· ---··· .. - - will benefit from the provision of such services and facilities; and, WHEREAS, the Board finds that in order to promote the public health, safety and welfare of the citizens of Madison County, this ordinance should be enacted for the general purpose of assuring the proper balance between the use of park facilities and the preservation of said facilities, law and order. WHEREAS, the Board intends by this ordinance to reduce property damage and· closure of facilities due to vandalism, minimize the hazards of personal injury and loss of life, maintain the quality of outdoor recreation resources, and establish and maintain a broad, comprehensive series of sports facilities and activities, to be accomplished through the provisions of this ordinance which (1) establish rules and regulations governing . recreation f·acilities; (2) define and establish park management control areas and restrict activities within those areas which would be incompatible with normal recreation activities; and (3) establish provisions to promote park management practices that will be beneficial to maintenance of park facilities including sports facilities; and (4) establish a procedure by which a fee schedule for use of park and sports facilities is adopted. WHEREAS, the Board finds that the benefit enjoyed by citizens of Madison county will outweigh the costs associated with the provision of the services and facilities set out herein, and thus

-2- Oct. 20. 2010 2:26PM No.2312 P. 4 - - .. the enactment of this ordinance will be in the best interest of the citizens of Madison County; and, WHEREAS, the Board has held a properly noticed public hearing and has considered all of the matters presented at auch hearing prior to the adoption of this ordinance; and, WHEREAS, the Board has complied with all other requirements imposed by Florida law for the enactment of this ordinance.

BE IT ORDAINED BY TllE BOARD OF COUNTY COMMISSIONERS OF MADISON COUNTY, FLORIDA:

Section I. Illcorporat.ion of Rec:.it11ls. The above recitals are

hereby incorporated into this ordinance as if restated herein and constitute the legislative findings and intent of the Board.

Section Ir. Title. This ordinance shall be known and may

be cited as "Madison County Park Rules".

Section III. Deti.nit;/.ons. Whenever used herein, the fol­

lowing terms and phrases shall have the following meanings unless the context clearly indicates othe:i:wise:

A. Authorized by the Department. This term means that written authorization, bearing the signature of an authorized representative of the Department, is issued prior to the commission · of the act requiring such authorization. B . Board. The Board of County Commissioners of Madison County, Florida.

C. County. Madison County, Florida.

-3- Oct. 20. 2010 2:26PM No. 2312 P. 5

•' - - - D. Department. The Madison County Public Works

Department.

E. Park property. All real property owned or leased by

Madison County, regardless of the extent of development or official designation, which serves as boat landings, picnic grounds, camping

areas, recreation areas, sports facilities and ar.,.as, nature areas,

and public fishing waters, are hereby designated as county public

parks, including, but is not limited to, all buildings and

facilities, equipment, fences, signs, and related items, natural features of the park, including plants, animals, and geographical

formations. Also considered as park property are any historic

artifacts found within the park's boundary.

F. Parks. All real property that is under the juris­

diction of the Off ice of Parks and Recreation of the Madison County Public Works Department. G. Person. Any individual, child, firm, association,

joint adventure, partnership, estate, trust, business trust,

syndicate, fiduciary, corporation, and all other groups or combinations. H. Vehicles. Automobiles, trucks, motorcycles,

minibikes, dune buggies, all-terrain vehicles and trailers,

campers, or any other such equipment.

Section IV. Froh.1.b.1.ted Aet.iv.\t.:fes. It shall be unlawful" for

. any person to do any of the following in any park or on any park

-4- Oct. 20. 2010 2:27PM No. 2312 P. 6 - - property, except for activities of a governmental agency within the scope of its governmental authority: A. Alteration of Park Property. The alteration, pos- session, molesting, harming, destruction or removal of park

property is prohibited unless authorized by the Department.

(l. l Building and facilities -- No person shall willfully mar, deface, damage, displace, remove or tamper with any park building, facilities, bridges, tables, benches, fireplaces, railing, paving or paving materials, water lines or other utilities, permanent or temporary signs, placards or notices, monuments, stakes, posts, boundary markers or other structures, equipment or park property. (2.} Climbing on property- -No person shall climb or

clamber on or over any building, facilities, structures or any other areas where prohibited. (3.) Fires--No person shall ignite or attempt to ignite any fire against or on any vegetation or park structure, except in designated fireplaces, or ':'rills. Portable camp cookers and grills are permitted in picnicking and camping areas only. No person shall dispose of burning matches, smoking materials or other flammable items within any park or on adjacent roadways. Any person igniting a fire on park property shall completely extinguish the fire before leaving the area. (4. l Removal or destruction of property and natural

-5- No. 2312 P. 7 Oct. 20. 2010 2:27PM - - features--No person shall destroy, injure, deface, mar, move, dig, harmfully disturb or remove from any park area or the waters thereof any soil, sand, gravel, rocks, stones·, minerals, marine plants, or wildlife {other than fish which may legally be taken from approved fishing areas), artifacts, plants or other materials. No person shall cut, carve, injure, mutilate, move, displace or break off any water bottom formation or growth. No rope, wire or other contrivance, whether permanent or temporary, shall be attached to any nature feature or property within the park. (S.) Construction activity-All construction and

related activities will be conducted only as authori2ed by the Department. Any of the following construction activities conducted without a permit are prohibited: Dredging, excavating or filling operation of any kind; depositing of materials of any kind in any park lands or waters; erection of any building or structure; and placing of any electrical, telephone, water, sewer or other public utility facilities. The Department may, where applicable, issue permits and charge fees for allowable private use of land and water areas under the jurisdiction of the county. B. Activities other than recreational. (1.) Profit-making activities may not be engaged in, solicited or advertised within any park or park property unless authorized by the Department.

(2.) Use of parks or park property for other than

-6- Oct. 20. 2010 2:27PM No. 2312 P. 8 •• - park-related activities is prohibited unless authorized by the Department. C. Wildlife. (1.) No person shall feed, pet or attempt to pet any wild or feral animals. (2.) No person shall capture. collect, or in any

way harm or harass any animal life ~cept fish commonly referred to as "edible" or "game" species, unless authorized by the Department. D. Hunting and Firearms. Hunting, tracking, or the pursuit of wildlife is prohibited in all park property. No person shall use, carry or possess in any park or park property, firearms of any description, air rifles, spring guns, bows and arrows, gigs, slingshots, or any other forms of weapons potentially harmful to wildlife or dangerous to human safety. Further prohibited are all instruments that can fire any kind of cartridge and any trapping devices. Shooting into park areas from beyond the park boundaries is prohibited. Any device, such as above-enumerated, that is employed to kill, immobilize or capture any wildlife, or any device

otherwise used in violation of this chapter is declared a nu~sance

and may be seized and confiscated by park personnel or law enforcement officers. This provision shall not apply to the Sheriff of Madison County, his deputy Sheriffs nor any other law enforcement officer while lawfully fulfilling any law enforcement or related function.

-7- Oct. 20. 2010 2:27PM No. 2312 P 9 - - E. Alcoholic Beverages and Drugs. No person shall posses or consume alcoholic beverages or illegal drugs within any park or on any park property. No person shall posses or use any illegal drug use paraphernalia within any park or on any park property. F. Fireworks and Explosives. (1.) Possessing, exploding, discharging, or burning within any park property, park area or on. roadways adjacent thereto, of any fire crackers, rockets, or other fireworks or explosives or any other substance that, in combination with any other substance, becomes an explosive, are prohibited unless authorized by the Department. In an emergency, the discharge of distress signals and flares are permitted.

(2. J Parents or guardians are responsible for violations by minors. G. Gambling in any form is prohibited in any park or park property. H. The throwing, discharging, or otherwise placing or causing to be placed in the waters of any fountain, pond, lake, stream, or other body of water in or adjacent to any park or any tributary streams, storm sewer or any drain flowing into such waters, of any substance, matter, or thing, liquid or solid that will or may pollute the waters of the park is prohibited. I. Refuse and Trash. The taking into, dumping, or

-8- Oct. 20. 2010 2:28PM No. 2312 P. 10 r I .. - depositing on land or in waters of any park or roadway adjacent to any park of refuse or trash in any form is prohibited. All refuse

and trash shall be disposed of properly by placing it in the designated containers. If such container is not available, persons responsible for the refuse or trash shall remove it from the park for proper disposal elsewhere.

Section V. Ge~eral Park Requir&ments.

A. Closing of Parks' (1,) It Shall be unlawful for any person to enter or remain in any park during the hours the park is closed to public use, unless such person is so authorized by the Department. (2.) The Department may close any park or section

thereof to the public at any time and for any interval of time,

either temporarily or at regular and stated intervals, and entirely or merely to certain uses. (3.) The Department may designate carrying

capacities for any park or section thereof and is authorized to close· any park or section thereof when carrying capacity is reached.

B. Park En trance Rules' (1.) No person shall enter or leave park property though 6ther than the designated entrance points, except in cases

of emergency or unless authorized by the Department. (2. ) No person may enter, utilize or remain on park

-9- Oct. 20. 2010 2:28PM No.2312 P 11 - - property unless he has paid the appropriate fee in effect at the

time, except those entering on park business or authorized by the Department.

(3.) Where applicable, a full stop shall be made at tbe entrance station when entering a park. c. Reservations. The Department may take reservations and/or establish reservation procedures for any park or section thereof, or facility within the park, as it deems appropriate.

D. Organized groups. An organized group may use a park during normal park operating hours as long as the size or activity

cf the group does not interfere with or preclude the use of the park by the general public in any way, unless authorized by the Department.

E. Fishing tournaments:

(1.) A group may use a county boat rarnp for the purpose of holding a fishing tournament if it has received authorization from the Department.

(2. l The Department may limit the number of tournaments or the number of boats participating in a tournament to prevent overcrowding of the facilities.

F. Drunkenness, drugs, and public nuisance: No person may enter er remain in any park or on any park property who is intoxicated, illegally under the influence cf drugs, or who conducts himself in a disorderly, belligerent:, offensive,

-10- Oct. 20. 2010 2:28PM No. 2312 P. 12 - - - obnoxious, obscene, or profane manner. Such persons are considered public nuisances and are subject to arrest and/or ejection from the park. G. Availability and hours of access.

(1. J Every park and park property shall be open and available to the public on such days, for such hours and on such terms as determined by resolution of the Board.

(2.) All boat launching areas and ramps shall be open and available to the public on such days, for such hours and on such terms as determined by resolution of the Board.

(3.) The provisions of such resolution shall not be deemed to apply to law enforcement officers or employees of the park while in the discharge of their duties, unless specifically stated therein.

H. Fees. Persons who use the park and park property shall be charged a reasonable fee as determined by resolution of

the Board. The fee for any park may be zero ($0.00) dollars. The Board may charge different fees for the use of different parks and park property. The Board may provide for the collection of fees in

any manner it sees fit including the use of an uhonesty box6 system in which the users of the facility are on their honor to pay the fees. I. Initial Hours and Fees for Parks. Until and unless determined otherwise by subsequent resolution of the Board, the

-11- Oct. 20. 2010 2:28PM No. 2312 P. 13 -- - - Fees for use of all Parks shall be $0.00 and the Hours of Access for all county parks in Madison County shall be from sunrise to

sunset, seven days a week, year round, except as follows:

Parks Faes Hours of Access

Cherry Lake under age 5 - $0 May - September Beach Age 6 to 12 - $2 Days - Wednesday - Sunday Over age 12 - $3 Hours - lO:a.m. - 7:p.m. Pavilion Reservation - $25

U.S. 90 Pavilion Rec. Park Reservation - $25 Rental of Field(sl - $12'5/Day/Field (No Concession Stand) Lighting - $50.00/Day/Field

West Farm Pavilion Road Park Reservation - $25 (Boating Not Permitted)

Pinetta Rails Pavilion to-Trails Reservation - $25

Mirii-Parks

Georgetown Road County Camp

Boat Ramps Cherry Lake Launch - $5 Beach (Covers launch and drivers admission into the park) Additional Passengers - $2 (Honor Boxes used in off season. Receipt must be visible from outside of vehicle) .

Boundary Bend

-1.2- Oct. 20. 2010 2:28PM No. 2312 P. 14 r i i .. •· - Withlacoochee River (Lee) Pinetta Rails-to-Trails AUCilla River (Seven Bridges)

(The above pricing does not include admissions for Special Events or Tournaments. A fee will be established at the time of the event and be advertised and posted) .

J. SPECIAL REQUIREMENTS FOR CEERRY LAKE BOAT RAMP. The Cherry Lake Boat Ramp shall be limited to a total of seven users at any one time. Users of the Cherry Lake Boat Ramp shall be required to park their vehicles and trailers used to transport their watercraft in the seven designated parking spaces. users shall further be required to remove their watercraft at the Cherry Lake Boat Ramp and remove them within park hours the same day. Once those seven parking spaces are filled no more watercraft may be launched at the Cherry Lake Boat Ramp until a

parking space is freed by the removing of one of the previously launched watercraft and the leaving of one of the previous users. These Special Requirements for the Cherry Lake Boat Ramp may be waived by vote of the Board, for special events or other occasions upon determination by the Board that such waiver shall not over burden or otherwise have an adverse impact on Cherry Lake. Section VI Recreational Activitiea.

A. Swimming; (1.) Swimming shall be allowed only in areas

-13- Oct. 20. 2010 2:29PM .. No. 2312 P. 15

designated for swimming. (2.) All persons shall comply with hours posted by the Department during which use of swimming areas is permitted unless authorized by the Department (3.J Swimming areas may be closed to the public and use thereof prohibited at any time the Department determines that such activities are dangerous or otherwise inadvisable. (4.) In every swiuuning area, all persons shall be attired in swim wear at all times. Persons shall dress or undress only in areas designated for that purpose by the Department. (5.) The washing of persons or objects, with or without soaps or other cleansers, is prohibited in swimming areas and on the beaches thereof. B. Boating. All watercraft shall be launched or removed from the water only at places designed for such purposes. c. Picnicking. (1.J Picnicking is allowed only in areas designated by the Department for such purpose. (2.) Use of picnic area facilities, including picnic shelters, individual grills, tables, and benches generally shall follow the rule of first-come, first-served. However, this practice shall not preclude the Department from assigning or reserving these facilities for the use of. particular persons or

-14- Oct. 20. 2010 2:29PM No. 2312 P. 16 ...' . - - groups. (3.) Portions of a picnic area or of any structures therein may be used only for a reasonable time if the facilities are crowded. The determination of what is reasonable will be made by park personnel.

(4.) To maintain cleanliness and to reduce fire hazards, each picnic party shall completely extinguish any fire and place all refuse, waste, and trash in disposal containers where provided. If there are no such containers immediately available, then refuse shall be carried away and disposed of by the users of the picnic facility.

D. Games. (1.) Games or activities involving thrown or otherwise propelled objects shall be allowed only in areas designed for such forms of recreation. (2.) Use of all playing areas, courts, and fields, for their intended purposes generally follows the rule of first come, first-served. However, this practice shall not preclude the Department from assigning or reserving these facilities for the use of particular persons or groups. Users shall comply with the posted rules and regulations that.pertain to each area.

E. Horseback riding. Horseback riding is allowed only in specifically designated areas where provisions have been

-15- Oct. 20. 2010 2:29PM No. 2312 P. 17 - - - made through the establishment of bridle trails and other necessary facilities. Where so provided for and permitted, horses shall be thoroughly broken and properly restrained and ridden with due care. Horses shall not be allowed to graze or go Wlattended nor shall they be hitched to any tree, plant, or rock.

F. Camping.

(1.) Camping is allowed only in designated areas upon the payment of required fees, if any, and issuance of the proper permit. (2.) All campers being issued a permit must adhere arid comply with the established rules and regulations for campers. (3.) Campers under eighteen (18) years of age must be accompanied by an adult.

G. Fishing.

(1.) Fishing is allowed in park waters by any

legal method, except where prohibited by the Department. (2.) Fishing during normal park hours in, around, or near park areas that are designated for swimming or other water-related recreational activities is prohibited unless the Department or park personnel determines that the circumstances are such that a safety hazard or use conflict is not likely to occur. No litter, including unwanted marine life, shall be left on the beaches. No debris or other wastes shall be thrown in

-16- Oct. 20. 2010 2:29PM No. 2312 P. 18 - • park waters.

Section VII. Veh~cles and Traffic.

A. State law. All applicable provisions of Florida Statutes and Florida Administrative Code regulating the equipment

and operation of any vehiclee on Florida roadways will be enforced in all parks. B. Traffic Control. Authorized law enforcement officers and park personnel shall direct traffic as needed in parks and on roadways adjacent thereto in accordance with state law and applicable instruction based on existing conditions. All persons shall comply with lawful orders, signals and directions

of such officers and personnel. All persons shall observe and comply with posted traffic signs. No person shall operate any

vehicle through, around or beyond a restrictive sign, recognizable barricade, fence or traffic control barrier.

C. Speed of vehicles in parks. Persons shall drive vehicles at a speed that is reasonable and prudent having due

regard for the surface, width and condition of paving and the traffic thereon, particularly when near children or bicyclists. Speed of vehicles in parks shall not exceed fifteen (15) miles per hour. D. Restriction to Roads. Vehicles shall be driven only on designated roadways, parking areas, or other such areas as may be designated by the Department or park personnel.

-17- Oct. 20. 2010 2:29PM No. 2312 P. 19

• - - - E. Parking. All vehicles shall be parked only 'in established parking areas or in such other areas and at such times as the Department or park personnel may designate. No person shall park any vehicle in violation of posted restrictions, or in such manner as to: (1.) Obstruct or impede normal or emergency traffic movement or the parking of other vehicles (2.) Create a safety hazard, or (3.) Endanger any person, park property or environmental feature.

All vehicles parked in violation of this ordinance may be removed at the vehicle owner's expense.

Section VII. Powers of the Board. Nothing in this

ordinance shall be construed to limit or restrict the authority of the Board over the Department or any of its employees or any other County departments or employees. Where the Department is given a power or a duty under this ordinance, the Board shall remain free to compel the Department or any.of its employees to exercise that power or fulfil that duty in any way the Board deems appropriate and for any or no reason. This ordinance shall be construed in favor of the power of the Board to act. This ordinance shall not be construed to require the Board to fund or otherwise provide any facility, area or activity. Section VIII. Enforcement , Penalty. The provisions of

-18- Oct. 20. 2010 2:30PM No. 2312 P 20

' - this ordinance may be enforced by Madison county using any lawful civil, criminal, or administrative remedy or method deemed to be in the best interest of Madison County by the Board. Violations of the provisions of this ordinance may be prosecuted in the same manner as misdemeanors are prosecuted. such violations upon conviction shall be punished by a fine not to exceed five hundred ($500.00) dollars or by imprisonment in the county jail not to exceed 60 days or both.

Section IX. Propriecary powers. Nothing herein shall be

construed to limit the proprietary powers of the Board concerning the parks and park property it owns, including but not limited to the power to exclude any person from coming onto or remaining on any park or park property for any legally permissible reason.

Section x. Severa.bility, It is the declared intent of

the Board of County Commissioners that, if any section, sl.lbsection, sentence, clause, phrase, or provision of this ordinance is held invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not be so construed as to render invalid or unconstitutional the remaining provisions of this ordinance. Section XI. Repealing Clause. All ordinances or portions

of ordinances in conflict with the provisions of this ordinance are hereby repealed. Madison County Ordinance 93-54 is hereby specifically repealed in its entirety.

-19- Oct.20. 2010 2:30PM No. 2312 P. 21 I I I • I ~ - - ' • Section XII. Eitective Date. This ordinance shall take

effect as provided by law.

ORDAINED upon due motion, second, after discussion, by

majority vote this $-fA day of 'fT'la.µ.&.. , A.D., 2003.

BOARD OF COUNTY COMMISSIONERS MADISON COUNTY, FLORIDA BY: S?e-.., ~ e ~ Ronnie Moore Chair

-20- ORDJNANCE NO. 2012- 203

AN ORDJNANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MADISON COUNTY, FLORIDA, AMENDJNG MADISON COUNTY ORDJNANCE NO. 2003-126, RELATJNG TO THE MADISON COUNTY PARK AND BOAT RAMP LOCATED ON CHERRY LAKE JN MADISON COUNTY; RBAFFIRMJNG THE LIMITATIONS PLACED ON THE USE OF SUCH BOAT RAMP; PROVIDJNG AN EXCEPTION TO SUCH LIMITATIONS FOR PARTICIPANTS JN FISHJNG TOURNAMENTS HELD AT "OFF SEASON" TIMBS AND APPROVED BY THE MADISON COUNTY PARICS DEPARTMENT; PROVIDJNG FOR AN EXCEPTION TO SUCH LIMITATIONS FOR PERSONS HOLDJNG A CHERRY LAKE BOAT LAUNCH TAG; PROVIDJNG FOR THE YEARLY ISSUANCE OF SUCH TAGS TO OWNERS OF WATERFRONT PROPERTY ON CHERRY LAKE; PROVIDJNG FOR THE CHARGJNG OF A FEE FOR THE ISSUANCE OF SUCH TAG; WAIVJNG AIL OTHER FEES FOR THE USE OF THE CHERRY LAKE BOAT RAMP FOR PERSONS WHO HAVE SUCH TAG; W AIVJNG ALL FEES FOR THE USE OF THE CHERRY LAKE BEACH AND THE CHERRY LAIIB BOAT RAMP BY MADISON COUNTY RESIDENTS WHO ARB EITHER OVER AGE 65 OR ARE VETERANS OF THE UNITED STATES ARMED FORCES; PROVIDJNG FOR SBVBRABILITY; PROVIDJNG AN EFFECTIVE DATE.

BB IT ORDAJNED BY THE BOARD OF COUNTY COMMISSIONERS OF

MADISON COUNTY, FLORIDA:

Section I: Section V(J) of Ordinance 2003-126 is hereby amended, altered and, changed to read as follows:

J. SPECIAL REQUIREMENTS FOR CHERRY LAKE BOAT RAMP AND PARK.

(1.) Except as otherwise set out herein, the Cherry Lake Boat Ramp shall be limited to a total of seven users at any one time. Users of the Cherry Lake Boat Ramp shall be required to park their vehicles and trailers used to transport their watercraft in the seven designated parking spaces. Users shall further be required to remove their watercraft at the Cherry Lake Boat Ramp and remove them within pai1c hours the same day. Once those seven parking spaces are filled no more watercraft may be launched at the Cherry Lake Boat Ramp until a parking space is freed by the removing of one of the previously launched watercraft and the leaving of one of the previous users.

-1- (2.) The above limitations of use for the Cherry Lake Boat Ramp shall not apply to persons participating in fishing tournaments, which have been authorized by the Department, and which are either (1) held during a time of day other than the normal operating hours of the CherryLal

(3.) The above limitations of use for the Cherry Lake Boat Ramp shall ilot apply to persons launching watercraft which bear a current and valid Cheny Lal

A. The watercraft for which the Cheny Lake Boat Launch tag is to be issued must be owned by a person who also owns lalrn front real property on Cherry Lalrn at the time of the purchase of the tag. Any person seeking to purchase a Cherry Lake Boat Launch tag shall be required to offer proof of ownership of the watercraft for which the tag is sought by producing the current and valid vessel registration for the watercraft issued by the State of Florida or any other state showing ownership of the watercraft. The Cherry Lalce · Boat Launch tag shall be issued if the name on the vessel registration is the same as the name on the records of the Madison County Property Appraiser records as owning lalrn front real property on Cherry Lalrn.

B. The person applying for a Cherry Lake Boat Launch tag must pay an annual fee. Such fee shall be a reasonable fee as determined by resoliltion of the Board, but in the absence of such resolution shall be $25.00.

C. Persons launching watercraft which bear a current and valid Cherry Lalrn Boat Launch tag and who do not park the vehicles and trailers used to transport such watercraft in the above referenced seven designated parking spaces or anywhere else at the Cherry Lake Beach shall not be charged any fee (other than the fee for the Cheny Lalce Boat Launch tag) for such launch at the Cheny Lalrn Boat Ramp.

D. During any one calendar year, no more than a total of tlu·ee Cheny Lalrn Boat Launch tags may be !ssued for watercraft belonging to the

-2- owners of any one parcel of lake front real property on Cherry Lake.

(4.) These Special Requirements for the Cherry Lalce Boat Ramp may be waived by vote of the Board, for special events or other occasions upon determination by the Board that such waiver shall not over burden or otherwise have an adverse impact on Cherry Lalce.

(5.) No fee shall be charged for the use of the Cherry Lake Beach or the Cherry Lalce Boat Ramp or to purchase a Cherry Lake Boat Launch tag to any person who is:

A. A resident of Madison County, Florida (As shown by a valid State of Florida Driver License or Identification Card.); and, either:

B. Over the age of 65 years (As shown by a valid State of Florida Driver License or Identification Card.); or,

C. A veteran of the United States Armed Forces (As shown by a valid U.S. Armed Forced Identification Card).

Section Il: All other provisions of Ordinance No. 2003-126 shall remain unchanged.

Section ill: Notwithstanding anything else herein to the contrary, the County shall accept any fee for, process any application for nor issue any Cherry Lake Boat Launch tags until after

January 1, 2012. Further, for 2013 only, the fee for a CherryLalce Boat Launch tag or tags is hereby waived for any person who paid the applicable fee and purchased a Cherry Lake Boat

Launch tag or tags for 2012. Provided that the number of such tags purchase under such waiver in 2013 cannot exceed the number of tags purchased in 2012. All other requirements of acquiring a Cherry Lake Boat Launch tag for 2013 shall.remain in full force and effect.

Section N. It is the deolared intent of the Board of County Commissioners that, if any section, subsection, sentence, clause, phrase, or provision of this ordinance is held invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not be so construed as to render invalid or unconstitutional the remaining provisions of this

-3- ordinance.

Section V. All ordinances or portions of ordinances in conflict with the provisions of this ordinance are hereby repealed. Ordinance No. 2011-198 shall be and is hereby repealed in its entirety.

Section VI. This ordinance shall take effect as provided by law.

ORDAINED upon due motion, second, after discussion, by majority vote this 1~ day of August, 2012.

BOARD OF .COUNTY COMMISSIONERS MADISON CO~RIDA BY: f~s . Chair

ATTEST: ~~~ ·Clerk

-4- 62D-2.014 Activities and Recreation. (1) Regulation of Recreation Activities. The Division, in furtherance of the policy and intent of Chapter 258, F.S., may prohibit or regulate any activity that lessens the safety or recreational experience of the visiting public or lessens the natural or cultural value of the park. Except as provided herein, all recreational activities will occur at such locations as designated for specific uses by the Division. (2) Park Entrance Rules and User Fees. (a) Entering State Park Property. Entering or leaving any state park property except through the designated entrance points (except in emergency cases) is prohibited. No person may enter a state park property for the purpose of using the resources or facilities therein without paying the appropriate fee, if any, in effect at the time for that park property. A full stop shall be made at the Ranger Station when entering a state park. (b) Fees. Admission fees shall be waived by authorized Division personnel for representatives of any government agency and for salesmen, tradesmen or other individuals who will benefit the park or state park system and who present proper identification. Admission fees shall also be waived for: 1. Children under six years of age, 2. Patients of Florida State Mental Institutions and clients of the Department of Juvenile Justice and the Department of Children and Family Services, and other similar institutions which are fully funded by federal, state, or local government, when such patients and/or clients are part of an organized group or program under the sponsorship and supervision of their respective institutions or parent agencies, 3. Florida school groups, including vocational schools, colleges and universities, accompanied by one or more teachers, and bearing a letter from the school principal, professor or other appropriate official, certifying that the park visit is related to a specific school curriculum and is for educational purposes rather than a purely recreational outing, 4. Division employees and their families, 5. The Division also offers a fifty percent discount on base camping fees to Florida citizens who are at least 65 years of age or Florida citizens possessing a current Social Security disability award certificate or proof of a 100% disability award from the Federal government or other acceptable proof of 100% disability. (c) The Division Director shall recommend standard admission and other park fees, taking into consideration the following factors: 1. User demand, 2. Location of the park, including distance from major metropolitan areas, 3. Cost of managing and operating the park, 4. Type of facilities available, 5. Season; and, 6. Natural and historic resource values of the park. (d) User fees shall become effective after they are advertised in a general statewide news release, and, if requested, reviewed at a public hearing, and approved in writing by the Secretary of the Department. Copies of the current fee schedule may be obtained from State Park offices or by writing to the Division at MS #500, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399- 3000. (3) Traffic Control. Authorized law enforcement officers and park personnel shall direct traffic in parks and on roads adjacent thereto as conditions warrant. All persons shall comply with lawful orders, signals, and direction of such officers and personnel. All persons shall observe and comply with posted traffic control devices and signs. (4) Speed of Vehicles in Parks. No person shall drive a vehicle at a speed greater than is reasonable or prudent, having due regard for the surface, width and condition of paving and the traffic thereon, particularly when near children or bicyclists. Speed shall not exceed 25 miles per hour, and at the more congested centers and near park buildings, beaches, campgrounds, and picnic and play areas, it shall not exceed 15 miles per hour or as otherwise posted. (5) Restriction to Roads. No person shall drive any vehicle on any area except designated roads, parking areas, or other such designated areas. (6) Parking. All vehicles shall be parked only in established parking areas or in such other areas and at such times as the Division may designate. (7) Bathing and Swimming. (a) No individual shall swim, bathe, or wade in any waters at such places designated as prohibited for such activity by the Division. All such activities shall be in compliance with this chapter. (b) In every area of a park including bathing areas no individual shall expose the human, male or female genitals, pubic area, the entire buttocks or female breast below the top of the nipple, with less than a fully opaque covering. (8) Boating. (a) No person shall operate watercraft regardless of means of propulsion upon any park watercourse, bay, lagoon, lake, canal, pond, slough, or those sovereign submerged lands lying within 400 feet of the Mean High Water or Ordinary High Water Line within the riparian lines of any state park unit in places designated by the Division as closed for such purposes. (b) No watercraft shall be launched into or removed from any park waters, except at places designated for such purpose by the Division. (c) No person shall moor, anchor or tie up to any buoy, marker, bank or any wharf, dock, tree, building or other object or structure on the bank, any watercraft of any kind in waters within or contiguous to park areas within one hundred feet of the shoreline, in areas designated by the Division as closed for such purposes. This restriction does not apply to vessels of a law enforcement agency of a local, state, or federal government. (d) No person other than a Division employee or a concessionaire of the Division shall rent or hire, for profit or charge, any kind of watercraft in any park waters. Nor shall any watercraft operating for hire or carrying passengers for a fee, or contemplating such, land or receive such passengers at any dock, wharf or anchorage within jurisdiction of the Division except by permit. Permits shall be issued only when no concession agreement exists or when the concessionaire does not wish to provide the services requested. Permits shall be issued when it is determined by the Division that the request to provide this service would not adversely affect park resources, would be consistent with park management practices as stated in Sections 258.004, 258.007, 258.017 and 258.037, F.S., and would provide a needed visitor service. Permits shall be applied for in the same manner as in subsection 62D-2.013(7), F.A.C., herein. (e) No person operating passenger launches or excursion boats from outside the parks that are for rent or hire or carrying passengers for money shall land or anchor or tie up in any park without first having applied for and received a permit from the Division. Permits shall be issued when it is determined by the Division that the request to provide this service would not adversely affect park resources, would be consistent with park management practices as stated in Sections 258.004, 258.007, 258.017 and 258.037, F.S., and would provide a needed visitor service. Permits shall be applied for in the same manner as in subsection 62D- 2.013(7), F.A.C., herein. All persons operating such watercraft shall be subject to all Division boating rules. (9) Fishing. (a) Fishing is allowed in park waters, by any legal method, except where prohibited by the Division and under the provisions of this chapter. Any device which is employed to remove, capture, or attempt to capture fish in any waters closed to fishing or any device otherwise used in violation of this chapter shall be seized and confiscated by law enforcement officers. (b) Under the provisions of this chapter commercial fishing for food and bait fish is allowed in the John Pennekamp Coral Reef State Park, St. Lucie Inlet State Park and those sovereign submerged lands lying within 400 feet of the Mean High Water or Ordinary High Water Line within the riparian lines of any state park unit under Division jurisdiction, except as prohibited in subsection 62D-2.014(1), F.A.C. (c) All fishing in John Pennekamp Coral Reef State Park is subject to Florida Fish and Wildlife Conservation Commission Rule 68B-5.002, F.A.C., and provisions of Chapter 62D-2, F.A.C. (d) Spearfishing is prohibited in all state parks. (10) Hunting and Firearms. Hunting, trapping or the pursuit of wildlife is prohibited on all state park property, except in Reserves, as authorized by the Florida Fish and Wildlife Conservation Commission. Weapons shall at all times be in possession of a responsible party or properly secured within or to a vehicle or temporary housing, which shall include motor homes, travel trailers, recreational vehicles, campers, tents, or other enclosed structures, while in state parks. Properly secured means the weapon shall be locked away and not accessible to minors, and if in a tent means the weapon shall be secured in a locked container. No person shall use or openly display in any state park weapons such as firearms of any type, air rifles, spring guns, cross bows, bows and arrows, gigs (except in areas where gigs may be legally used for saltwater fishing), sling shots, electronic weapons, devices which fire a dart or projectile, or any other forms of weapons or trapping devices potentially dangerous to wildlife or human safety except when such weapons or traps are used for resource management purposes as authorized in this subsection. Shooting weapons into park areas from beyond park boundaries is prohibited. The Division may authorize the control of nuisance animals and may remove all nuisance or exotic animals from parks by trapping and other necessary means for park resource management purposes. Such authorization shall be in the form of a letter of authorization, license, permit, or contract negotiated by the parties or made pursuant to an advertised bid by the Division. Authorization may be obtained in the same manner as stated in subsection 62D-2.013(7), F.A.C., herein. (11) Subleases of Certain Properties. The Division may sublease certain properties, or portions thereof, to other state, county or local governmental agencies for management purposes subject to approval by the Board of Trustees of the Internal Improvement Trust Fund in accordance with Section 253.034(4), F.S. The terms and conditions of the sublease shall control the use and management of the property. (12) Alcoholic Beverages. Consumption of alcoholic beverages is prohibited except in restaurants and lodges that provide sales of such alcohol, and during park-sanctioned events such as special events, within designated areas only. (13) Domestic Animals. (a) Domestic animals shall be regulated in parks at any time when appropriate to enhance the recreational experience of other visitors or to protect the parks’ resources. (b) Domestic breeds of dogs, cats and other fur-bearing pets, except dog guides, service dogs and nonhuman primates of the genus Cebus , which are trained and registered for assisting the physically impaired, shall be excluded from the following places in a park: food-service areas, designated camping areas, cabins, bathing and swimming areas including land and water portions, park buildings, playgrounds, and other designated areas. Pets are permitted in all other areas subject to the following restrictions: 1. All pets must be confined, leashed, or otherwise under the physical control of a person at all times. Leashes may not exceed six feet in length. This rule does not apply to horses and pack animals brought in for equestrian trail use. 2. Pets must be well behaved at all times. Pets must be confined in the owner’s camping unit during designated quiet hours. Unconfined pets may not be left unattended for more than 30 minutes and must be leashed. 3 Pet owners shall pick up after their pets and properly dispose of all pet droppings in trash receptacles. 4. Pets which are noisy, vicious, dangerous, disturbing or intimidating to other persons, and pets which damage park resources are considered to be nuisances and will not be permitted to remain in the park. (c) Camping areas and other park areas will be evaluated, as to the suitability of pets, on a periodic basis. Areas of the park designated as prohibited for pets shall be determined based on park natural and cultural resources, primary recreational activities, camper and pet health and safety, geographical location and layout of camping areas, and the ability to provide a quality recreational experience for all visitors. (14) Merchandising. No person shall offer for sale any article or material, nor place any stand, cart, or vehicle for the transportation, sale or display of any article or material for sale within any state park unless authorized by the Division. Authorization shall be issued when park resources are not adversely affected, existing contractual relationships are not impaired, a needed visitor service is provided, and the activity would be consistent with park management practices as stated in Sections 258.004, 258.007, 258.017 and 258.037, F.S. Authorizations may be obtained in the same manner as stated in subsection 62D- 2.013(7), F.A.C., herein. (15) Aircraft. No person operating or responsible for any aircraft, glider, balloon, parachute, or other aerial apparatus shall cause any such apparatus to take off from or land in any park except in an emergency when human life is endangered or where a designated landing facility may exist on park property. (16) Hours. (a) The opening and closing hours for each park shall be posted. No person shall remain in any park after closing unless properly registered as an overnight visitor or in possession of a valid after hours permit from the Division or park manager. Said permits may be obtained from the park office where such after hours use is offered. (b) The Division, in furtherance of the park management practices as stated in Sections 258.004, 258.007, 258.017 and 258.037, F.S., may close any park or section thereof to the public at any time and for any interval of time, either temporarily or at regular stated intervals and either entirely or only for certain uses. Park closures will be used to provide visitor and employee safety, resource protection, operational efficiency, and facility maintenance. No person shall remain in any closed park or section thereof, unless authorized by the Division or park manager, or their delegee. Verbal authorization shall be granted by the Division, the park manager, or their delegee, when it is in the best interest of the park, or of the person remaining in the closed area, for safety, protection, construction, or restoration purposes. (17) Photography. Private and commercial photography are allowed in state parks, except that commercial photography, such as motion picture productions, shall require a contract with the Division if they will disrupt normal park operations, adversely impact the park’s resources, or disrupt the public’s normal enjoyment of the park. Such activities shall be designed to avoid alteration of an irreplaceable natural resource, taking of a threatened or endangered species, or disruption of wildlife habitat, foraging, nesting or resting areas. The terms of the contract shall be negotiated with the Division and must result in a net positive benefit to the park, including reasonable compensation for use of public lands. This subsection is not intended to, and shall not, impair any constitutional right of free speech. (18) Free Speech Activities. Free speech activities include, but are not limited to, public speaking, performances, distribution of printed material, displays, and signs. Free speech activities do not include activities for commercial purposes. Any persons engaging in such activities can determine what restrictions as to time, place, and manner may apply, in any particular situation, by contacting the park manager. Free speech activities shall not create a safety hazard or interfere with any other park visitor’s enjoyment of the park’s natural or cultural experience. The park manager will determine the suitability of place and manner based on park visitor use patterns and other visitor activities occurring at the time of the free speech activity.

Rulemaking Authority 258.007(2) FS. Law Implemented 258.004, 258.007(1), (2), (3) 258.014, 258.016, 258.017, 258.037 FS., Ch. 2006-103, Laws of Florida. History–New 4-16-96, Amended 4-14-98, 12-19-99, 10-29-03, 4-30-07.

RESOLUTION NO. 2019-05-08

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MADISON COUNTY, FLORIDA SETTING FEES FOR THE CHERRY LAKE BEACH PARK; PROVIDING FOR REPEAL OF CONFLICTING RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

RECITALS

WHEREAS, Madison County (hereinafter the “County”) is a non-charter county as that term is used in Article VIII, Section 1(f), Florida Constitution; and,

WHEREAS, the County is given its home rule powers by the Florida Constitution, Section 125.01, Florida Statutes, and other provisions of Florida Law; and,

WHEREAS, the Board of County Commissioners of the County, (hereinafter the “Board”) is the governing body of the County; and,

WHEREAS, the County owns a certain park located on Cherry Lake in Madison County, Florida, addressed as 250 NE Public Boat Ramp Road, Madison, Florida 32340, including a swimming and beach facility, a dock and a public boat ramp known as the “Cherry Lake Beach Park”; and,

WHEREAS, pursuant to the County’s Ordinance No. 2003-126, Ordinance No. 2012-203 and Ordinance No. 2019-______, the Board may set the fees to be charged for the use of the Cherry Lake Beach Park, by written resolution; and,

WHEREAS, the Board wish to set the fees to be charged for the use of the Cherry Lake Beach Park, by this written resolution; and,

WHEREAS, the Board finds that the benefit enjoyed by citizens of the County will outweigh the costs associated therewith and thus will be in the best interest of the citizens of the County; and,

WHEREAS, the Board has complied with all other requirements imposed by Florida law for the adoption of this resolution.

NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MADISON COUNTY, FLORIDA, THAT:

1. Recitals. The above recitals are hereby incorporated into this resolution as if restated herein and constitute the legislative findings and intent of the Board.

-1- 2. Fees. The fees to be charged for the use of the Cherry Lake Beach Park shall be as follows:

A. To launch one (1) boat at the boat ramp and admit the driver of the motor vehicle transporting the boat: $20.00 per day

B. For each person on the boat (not counting the first person): $2.00 per day

C. For each person using the beach facility: 5 years old or less: $0.00 per day 6 years old to 12 years old: $2.00 per day 12 years old and older: $4.00 per day

D. For each yearly Cherry Lake Boat Launch tag: $25.00 per year

3. Discounts. The following discounts apply:

A. A 50% discount on the boat launch fee (section 2(A) above) will be given to Florida residents. Such residency must be shown by the then current boat registration sticker on the boat for which the boat launch fee is charged.

B. A 100% discount on all of the above fees will be given to any person who is a Florida resident and either over the age of 65 years or a veteran of the United States Armed Forces. To use this discount the recipients must provide proof of residency, and if necessary, proof of age, by showing one of the following: (1) Florida Permanent Driver's License; (2) Florida Permanent Identification Card; (3) Voter Registration Card; or (4) Other official government issued document that will serve as a declaration of residency and age. If proof of status as a veteran of the United States Armed Forces is necessary, it shall be proved by showing a valid U.S. Armed Forced Identification Card.

4. The Board’s Reason for Distinguishing Between Florida Residents and Non-Florida Residents in Giving the Above Discounts. The Board has determined that a valid public purpose exists for distinguishing between Florida residents and non-Florida residents in giving the discounts set out herein. This Board finds that:

A. The Cherry Lake Beach Park was created and supported by the State of Florida and the County;

B. The Cherry Lake Beach Park provides a recreational activity;

-2- C. There is no nexus between the recreational activity provided by the Cherry Lake Beach Park and any fundamental right of the persons who wish to use Cherry Lake Beach Park;

D. The recreational activity provided by the Cherry Lake Beach Park is limited in nature and therefore can be enjoyed by only a portion of those who would otherwise enjoy it; and,

E. The Board is legally allowed to, and does hereby, prefer Florida residents over non-Florida residents in the use of the limited the recreational resources of the Cherry Lake Beach to the extent of the discounts set out herein.

4. Repeal of Conflicting Resolutions. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict.

5. Severability. It is declared to be the intent of the Board that if any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holdings shall not effect the validity of the remaining portions hereof.

6. Effective Date. This resolution shall become effective at 12:01 a.m. on May 24, 2019.

RESOLVED upon due motion, second, after discussion, by majority vote this _____ day of ______, 20____. BOARD OF COUNTY COMMISSIONERS MADISON COUNTY, FLORIDA

BY: ______H. Alston Kelly Chair

ATTEST:______William D. Washington, Clerk

-3- ACCESS EASEMENT AGREEMENT

THIS ACCESS EASEMENT AGREEMENT, is made and entered into by and between the County of Madison, whose mailing address is 229 S.W. Pinckney St., Madison, Madison County, Florida (hereinafter referred to as "GRANTOR") a political subdivision of the State of Florida, and its successors and assigns, and the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION and its successors and assigns (hereinafter referred to as "FDEP").

WITNESSETH:

WHEREAS, GRANTOR is the fee simple owner of certain real property (hereinafter "Easement Parcel") located in Madison County, Florida, as more particularly described in Exhibit "A", attached hereto and by reference made a part hereof; and

WHEREAS, on even date herewith, FDEP and GRANTOR have entered into that certain Declaration of Restrictive Covenant (the "Restrictive Covenant"), encumbering certain property ("the property"); and

WHEREAS, FDEP desires to use the Easement Parcel in order to gain access to the property for the purpose of inspecting, viewing and monitoring the property and GRANTOR’s compliance with the obligations set forth in the Restrictive Covenant related to the property; and

WHEREAS, FDEP's actions on the property are taken in an attempt to ensure compliance with the requirements contained in the Restrictive Covenant encumbering the property; and

WHEREAS, GRANTOR desires to grant to FDEP an easement for the aforementioned purpose.

NOW, THEREFORE, for and in consideration of the terms, conditions, and mutual covenants contained herein and other good and valuable consideration received by each party, the sufficiency of which are hereby acknowledged, the parties hereby agree as follows:

1. GRANTOR hereby grants to FDEP, its legal successors and assigns, a non- exclusive easement for ingress and egress in and upon the Easement Parcel for the purposes described above (hereinafter, the “Easement”).

2. The terms of the Easement shall commence upon the date of full execution of this Easement and shall continue in perpetuity; provided, however, this Easement shall terminate and be of no further force and effect upon the termination of the Restrictive Covenant by the FDEP. 3. GRANTOR agrees that FDEP and its employees, contractors, and agents shall have ingress and egress to and from the property over and across the Easement Parcel to affect the purposes of this Easement.

4. In order to ensure the perpetual nature of this Easement, the GRANTOR and its successors and assigns shall reference this Easement in any subsequent deed of conveyance, including the recording information for this Easement.

5. GRANTOR hereby represents and warrants that GRANTOR has fee title in the Easement Parcel; and GRANTOR represents and warrants that it has the power and authority to grant this Easement. With respect to its use of the Easement Parcel, FDEP shall be responsible for injury or damage to persons or property for which it is found legally liable.

6. GRANTOR reserves the right to use or authorize others to use the Easement Parcel in any manner not inconsistent with or which will not unreasonably interfere with the rights granted herein, provided, however, that GRANTOR shall not disturb or block access in any way without prior approval from FDEP.

7. In the event FDEP determines that the Easement Parcel is no longer needed for the purposes set forth herein, FDEP may terminate this Easement by notifying GRANTOR, in writing, at least sixty (60) days prior to the date of such termination. In such event, FDEP agrees to execute an instrument in recordable form, releasing this Easement.

8. This Easement shall be binding upon and inure to the benefit of the parties specified herein, their legal representatives, successors and assigns.

9. This Easement does not impact or modify any other legal authority FDEP may have to inspect the Easement Parcel or property for regulatory purposes pursuant to Chapters 376 and 403, Florida Statutes.

10. GRANTOR shall maintain the Easement Parcel so that a standard sized two- wheeled drive motor vehicle can traverse the Easement Parcel.

IN WITNESS WHEREOF, the parties hereto have subscribed their names and have caused this Easement to be executed as of the day and year last written below.

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IN WITNESS WHEREOF, the County of Madison has executed this instrument, this __ day of ______, 20__.

GRANTOR

Board of County Commissioners Madison County, Florida

By: ______

H. Alston Kelley, Chair 229 S.W. Pinckney St., Madison, Florida

Signed, sealed and delivered in the presence of:

______Date: ______Witness Print Name: ______

______Date: ______Witness Print Name: ______

STATE OF ______)

COUNTY OF ______)

The foregoing instrument was acknowledged before me this ___ day of ______, 20__.

Personally Known ___ OR Produced Identification ___. Type of Identification Produced ______.

______Signature of Notary Public

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Approved as to form by the Florida Department of Environmental Protection, Office of General Counsel ______.

IN WITNESS WHEREOF, the Florida Department of Environmental Protection has executed this instrument, this ___ day of ______, 20__.

FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

______Tim J. Bahr, Director Division of Waste Management Department of Environmental Protection 2600 Blair Stone Road, MS 4500 Tallahassee, Florida 32399-2400

Signed, sealed and delivered in the presence of:

______Date: ______Witness Print Name: ______

______Date: ______Witness Print Name: ______

STATE OF ______)

COUNTY OF ______)

The foregoing instrument was acknowledged before me this ___ day of ______, 20__.

Personally Known ___ OR Produced Identification ___. Type of Identification Produced ______.

______Signature of Notary Public Exhibit A This instrument prepared by: Tom Reeves Madison County 229 SW Pinckney St. Madison, Madison County, Florida

DECLARATION OF RESTRICTIVE COVENANTS

This Declaration of Restrictive Covenants (Declaration) is given this ____ day of ______, 2019, by the Madison County Board of County Commissioners, a political subdivision of the State of Florida (Grantor), having the address of 229 S.W. Pinckney St., Madison, Madison County, Florida, and concerning a certain portion of the real property located at the Madison County Sanitary Landfill Superfund Site, City of Madison, Madison County, Florida, to the State of Florida Department of Environmental Protection (FDEP or Grantee).

RECITALS A. WHEREAS, Grantor is the fee simple owner of a parcel of land situated in the county of Madison, State of Florida, more particularly described in Exhibit “A” attached hereto and made a part hereof (the Property);

B. WHEREAS, The Property subject to this restrictive covenant is a portion of the property known as the Yard Trash Area portion of the Madison County Sanitary Landfill Superfund Site ("Site"), which the U.S. Environmental Protection Agency ("EPA"), pursuant to Section 105 of the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9605, listed on the National Priorities List, set forth at 40 C.F.R. Part 300, Appendix B, by publication in the Federal Register on August 30, 1990, at 55 Fed. Reg. 35502.

C. WHEREAS, in a Record of Decision dated September 28, 1992 (ROD), the EPA Region 4 Regional Administrator selected a “remedial action” for the Site.

D. WHEREAS, a remedial action selected pursuant to the EPA ROD is being performed on the Site.

E. WHEREAS, contaminants in excess of allowable concentrations for unrestricted use may remain at the Property after completion of the remedial action.

F. WHEREAS, it is the intent of the restrictions in this declaration to reduce or eliminate the risk of exposure of the contaminants to the environment and to users or occupants of the property and to reduce or eliminate the threat of migration of the contaminants.

1 of 17 G. WHEREAS, it is the intention of all parties that EPA is a third- party beneficiary of said restrictions and said restrictions shall be enforceable by the EPA, FDEP, and their successor agencies.

H. WHEREAS, the parties hereto have agreed l) to impose on the Property use restrictions as covenants that will run with the land for the purpose of protecting human health and the environment; and 2) to grant an irrevocable right of access over the Property to the Grantee and its agents or representatives for purposes of implementing, facilitating and monitoring the remedial action; and

I. WHEREAS, Grantor deems its desirable and in the best interest of all present and future owners of the Property that the Property be held subject to certain restrictions and changes, that will run with the land, for the purpose of protecting human health and the environment, all of which are more particularly hereinafter set forth.

NOW THEREFORE, Grantor, on behalf of itself, its successors, its heirs, and assigns, in consideration of the recitals above, the terms of the Record of Decision, and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, does hereby covenant and declare that the Property shall be subject to the restrictions on use set forth below, which shall touch and concern and run with the title of the property, and does give, grant and convey to the Grantee, and its assigns, with general warranties of title, 1) an irrevocable use restriction and site access covenant of the nature and character, and for the purposes hereinafter set forth and 2), the perpetual right to enforce said covenants and use restrictions, with respect to the Property. Grantor further agrees as follows:

a. The foregoing recitals are true and correct and are incorporated herein by reference.

b. Grantor hereby imposes on the Property the following restrictions:

1. Restrictions on use: The following covenants, conditions, and restrictions apply to the use of the Property:

a. Contaminated groundwater shall not be used until State groundwater standards and the groundwater cleanup standards identified in the ROD are met.

b. There shall be no drilling for water conducted on the Property nor shall any wells, including monitoring wells, be installed on the Property unless pre-approved by FDEP and EPA.

c. There shall be no construction activities or any uses of the Property that would impact the integrity of the cap depicted in Exhibit C, described below. Should future development require disturbance of the cap, additional response actions may be necessary.

d. Attached as Exhibit C, and incorporated by reference herein, is a survey map delineating the Property bounds and features, showing the limits of the landfill cap, and identifying the size and location of existing stormwater swales, stormwater detention or retention facilities, and ditches on the Property. Such existing stormwater features shall not be altered, modified, or expanded without prior approval from the FDEP and EPA. There shall be no additional stormwater swales, stormwater detention or retention facilities, or ditches constructed on the Property or any excavation on the Property whatsoever unless previously approved by FDEP and EPA.

2 of 17 e. For any dewatering activities, a plan must be submitted and approved by FDEP and EPA to address and ensure the appropriate handling, treatment, and disposal of any extracted groundwater that may be contaminated.

f. The Property shall only be used for industrial purposes. There shall be no agricultural use of the land including forestry, fishing and mining; no hotels or lodging; no recreational uses including amusement parks, parks, camps, museums, zoos, or gardens; no residential uses, and no educational uses such as elementary and secondary schools, or day care services.

g. On-site engineering controls, as identified in Exhibit C, shall be maintained. This restriction may only be modified pursuant to Paragraph 3 of this Declaration. For any construction activities, a plan must be submitted and approved by FDEP and EPA to address and ensure the appropriate management of any contaminated soil that may be encountered.

h. The restrictions imposed above may be only be modified pursuant to Paragraph 3 of this Declaration.

2. Irrevocable Covenant for Site Access: Access to the Property from the nearest public right of way is granted via the Access and Easement Agreement attached hereto as Exhibit D, and recorded with this Restrictive Covenant. Grantor further hereby grants to Grantee, its agents and representatives, an irrevocable, permanent, and continuing right of access at all reasonable times to the Property for purposes of:

a. Implementing the response actions in the ROD;

b. Verifying any data or information submitted to EPA and Grantee;

c. Verifying that no action is being taken on the Property in violation of the terms of this instrument or of any federal or state environmental laws or regulations;

d. Monitoring response actions on the Site and conducting investigations relating to contamination on or near the Site, including, without limitation, sampling of air, water, sediments, soils, and specifically, without limitation, obtaining split or duplicate samples;

e. Conducting periodic reviews of the remedial action, including but not limited to, reviews required by applicable statutes and/or regulation.

3. Modification: This Declaration shall not be modified, amended, or terminated without the written consent of FDEP or its successor agency. FDEP shall not consent to any such modification, amendment or termination without the written consent of EPA.

4. (a) Reserved Rights of Grantor: Grantor hereby reserves unto itself, its successors, its heirs, and assigns, all rights and privileges in and to the use of the Property which are not incompatible with the restrictions, rights, and covenants granted herein.

(b) Reserved Rights of EPA: Nothing in this document shall limit or otherwise affect EPA's rights of entry and access or EPA's or authority to take response actions under CERCLA,

3 of 17 the NCP, or other federal law.

(c) Reserved Rights of Grantee: Nothing in this document shall limit or otherwise affect Grantee's rights of entry and access or authority to act under state or federal law.

5. Notice requirement: Grantor agrees to include in any instrument conveying any interest in any portion of the Property, including but not limited to deeds, leases, and mortgages, a notice which is in substantially the following form:

NOTICE: THE INTEREST CONVEYED HEREBY IS SUBJECT TO A DECLARATION OF RESTRICTIVE AND AFFIRMATIVE COVENANTS DATED , 2019, RECORDED IN THE PUBLIC LAND RECORDS ON , 2019, IN BOOK ______, PAGE _____, IN FAVOR OF, AND ENFORCEABLE BY, THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION.

Within thirty (30) days of the date any such instrument of conveyance is executed, Grantor must provide Grantee and EPA with a certified true copy of said instrument and, if it has been recorded in the public land records, its recording reference.

6. Administrative Jurisdiction: FDEP or any successor state agency having administrative jurisdiction over the interests acquired by the State of Florida by this instrument is the Grantee. EPA is a third-party beneficiary to the interests acquired by FDEP.

7. Enforcement: The Grantee shall be entitled to enforce the terms of this instrument by resort to specific performance or legal process. These restrictions may also be enforced in a court of competent jurisdiction by any other person, firm, corporation or governmental agency that is substantially benefitted from this declaration. All remedies available hereunder shall be in addition to any and all other remedies at law or in equity, including CERCLA. Enforcement of the terms of this instrument shall be at the discretion of the Grantee, and any forbearance, delay, or omission to exercise its rights under this instrument in the event of a breach of any term of this instrument shall not be deemed to be a waiver by the Grantee of such term or of any subsequent breach of the same or any other term, or of any of the rights of the Grantee under this instrument. It is expressly agreed that EPA is not the recipient of a real property interest but is a third- party beneficiary of the Declaration of Restrictive Covenants, and as such, has the right of enforcement.

8. Damages: Grantee shall be entitled to recover damages for violations of the terms of this instrument, or for any injury to the remedial action, to the public, or to the environment protected by this instrument.

9. Waiver of certain defenses: Grantor hereby waives any defense of laches, estoppel, or prescription.

10. Covenants: Grantor hereby covenants to and with the Grantee, that the Grantor is lawfully seized in fee simple of the Property, that the Grantor has a good and lawful right and power to sell and convey it or any interest therein, that the Property is free and clear of encumbrances, except those noted on Exhibit B attached hereto, and that the Grantor will forever warrant and defend the title thereto and the quiet possession thereof.

4 of 17 11. Notices: Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other shall be in writing and shall either be served personally or sent by first class mail, postage prepaid, referencing the Site name and Site ID number and addressed as follows:

To Grantor: To Grantee:

Madison County Board of County Florida Department of Environmental Protection Commissioners Attn: Waste Cleanup Program Administrator 229 S.W. Pinckney St. 2600 Blair Stone Road, MS 4505 Madison, FL 32341 Tallahassee, FL 32399-2400

To (as Third-Party Beneficiary):

U.S. EPA, Region 4 Superfund Division Attn: Division Director 61 Forsyth Street, SW Atlanta, GA 30303

12. Recording in Land Records: Grantor shall record this Declaration of Restrictive and Affirmative Covenants in timely fashion in the Official Records of Madison County, Florida, and shall rerecord it at any time Grantee may require, to preserve its rights. Grantor shall pay all recording costs and taxes necessary to record this document in the public records.

13. General provisions:

a. Controlling law: The interpretation and performance of this instrument shall be governed by the laws of the United States or, if there are no applicable federal laws, by the law of the state where the Property is located.

b. Liberal construction: Any general rule of construction to the contrary notwithstanding, this instrument shall be liberally construed in favor of the grant to affect the purpose of this instrument and the policy and purpose of CERCLA. If any provision of this instrument is found to be ambiguous, an interpretation consistent with the purpose of this instrument that would render the provision valid shall be favored over any interpretation that would render it invalid.

c. Severability: If any provision of this instrument, or the application of it to any person or circumstance, is found to be invalid, the remainder of the provisions of this instrument, or the application of such provisions to persons or circumstances other than those to which it is found to be invalid, as the case may be, shall not be affected thereby.

d. Entire Agreement: This instrument sets forth the entire agreement of the parties with respect to rights and restrictions created hereby, and supersedes all prior discussions, negotiations, understandings, or agreements relating thereto, all of which are merged herein.

e. No Forfeiture: Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect.

5 of 17 f. Joint Obligation: If there are two or more parties identified as Grantor herein, the obligations imposed by this instrument upon them shall be joint and several.

g. Successors: The term “Grantor”, wherever used herein, and any pronouns used in place thereof, shall include the persons and/or entities named at the beginning of this document, identified as “Grantor” and their personal representatives, heirs, successors, and assigns. The term “Grantee”, wherever used herein, and any pronouns used in place thereof, shall include the persons and/or entities named at the beginning of this document, identified as “Grantee” and their personal representatives, heirs, successors, and assigns including any successor state agency to FDEP having administrative jurisdiction over the interests acquired by the State of Florida under this instrument. The rights of the Grantee and Grantor under this instrument are freely assignable, subject to the notice provisions hereof.

h. Captions: The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation.

i. Counterparts: The parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by both parties; each counterpart shall be deemed an original instrument as against any party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling.

TO HAVE AND TO HOLD unto the State of Florida Department of Environmental Protection and its successors and assigns forever.

(Rest of page left intentionally blank, signature pages to follow)

6 of 17 IN WITNESS WHEREOF, Madison County has executed this instrument, this _____ day of ______, 2019.

GRANTOR: Board of County Commissioners Madison County, Florida

By: ______

H. Alston Kelley, Chair 229 S.W. Pinckney St. Madison, FL 32341

Signed, sealed and delivered in the presence of:

______Date: ______Witness Print Name: ______

______Date: ______Witness Print Name: ______

STATE OF ______)

COUNTY OF ______)

The foregoing instrument was acknowledged before me this _____ day of ____, 2019, by ______.

Personally Known ______OR Produced Identification ______. Type of Identification Produced ______.

______Signature of Notary Public Commission No. ______Commission Expires: ______

7 of 17 Approved as to form by the Florida Department of Environmental Protection, Office of General Counsel ______.

IN WITNESS WHEREOF, the Florida Department of Environmental Protection has executed this instrument, this _____ day of ______, 2019.

FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: ______Name: Tim J. Bahr Title: Director, Division of Waste Management 2600 Blair Stone Road, MS 4500 Tallahassee, FL 32399-2400

Signed, sealed and delivered in the presence of:

Witness: ______Date: ______Print Name: ______

Witness: ______Date: ______Print Name: ______

STATE OF FLORIDA) COUNTY OF LEON)

The foregoing instrument was acknowledged before me this _____ day of ____, 2019, by ______as representative for the Florida Department of Environmental Protection. Personally Known ______OR Produced Identification ______. Type of Identification Produced ______.

______Signature of Notary Public ______Print Name of Notary Public Commission No. ______Commission Expires: ______

Attachments: Exhibit A - Legal Description of the Property Exhibit B - Existing Liens and Encumbrances on the Property Exhibit C - Survey of Cap and Stormwater Features on the Property Exhibit D - Access Easement Agreement

8 of 17 EXHIBIT A

Page 9 of 17 Exhibit B

Easements and Recorded Leases

Tax Parcel No. 11-1N-09-348-001-01A

The subject parcel is unencumbered and is subject to the following matters which affect title:

1. Easement dated January 3, 1997 from Henry B. Smith, Jr. and Jean B. Smith to Madison County, recorded January 23, 1997 in Official Records Book 425, Page 273, granting Madison County a five-foot (5') access easement for purposes of accessing certain gas monitoring wells owned by Madison County.

2. Lease of Real Property dated December 9, 2013 between Madison County and Reginald Howard Wallace, a/k/a Reginald H. Wallace, and Jennifer Renee Wallace, a/k/a Jennifer R. Wallace, husband and wife (the "Wallaces"), recorded December 9, 2013 in Official Records Book 1112, Page 83. The subject lease permits the Wallaces to remain and reside upon the subject parcel following its conveyance to Madison County.

Tax Parcel No. 11-lN-09-3488-002-001

The subject parcel is unencumbered and is subject to the following matters which affect title:

1. Distribution Easement dated August 23, 1996 from Frederick J. Bochnia and Vivian B. Bochnia to Florida Power Corporation, recorded November 21, 1996 in Official Records Book 420, Page 240. Subject easement establishes a 20' utility easement lying 1O' on each side of Florida Power's facilities.

2. Distribution Easement dated February 23, 2008 from Frederick Joseph Bochnia, Lillian Vivian Bass, and Benjamin Keith Bochnia to Progress Energy Florida, recorded March 28, 2008 in Official Records Book 900, Page 261. Subject easement establishes a 20' utility easement lying 10' on each side of Progress Energy Florida's facilities.

3. Lease of Real Property dated December 9, 2013 between Madison County and Reginald Howard Wallace, a/k/a Reginald H. Wallace, and Jennifer Renee Wallace, a/k/a Jennifer R. Wallace, husband and wife (the "Wallaces"), recorded December 9, 2013 in Official Records Book 1112, Page 83. The subject lease permits the Wallaces to remain and reside upon the subject parcel following its conveyance to Madison County.

Tax Parcel No. 11-lN-09-3486-001-000

The subject parcel is unencumbered and is subject to the following matters which affect title:

Page 10 of 17 Exhibit B

1. Easement dated April 6, 1951 from J.E Cottingham and Cora Cottingham to Florida Power Corporation, recorded May 18, 1951 in Deed Book 75, Page 182. Subject easement establishes a blanket utility easement over the subject parcel.

2. Easement dated December 7, 1983 from Madison County to Biomass Power Corporation, recorded December 9, 1983 in Official Records Book 146, Page 202. Subject easement establishes 100' wide utility easement over approximately 0.5 acres of the subject parcel. As assigned by Assignment of Easement Rights dated April 16, 1984 from Biomass Power Corporation to Florida Power Corporation, recorded May 14, 1984 in Official Records Book 149, Page 751, and as assigned by Partial Assignment of Easement Rights dated March 18, 1998 from Florida Power Corporation to LFC No. 47 Corp., recorded March 25, 1998 in Official Records Book 466, Page 129.

3. Declaration to the Public Regarding Closure of Solid Waste Landfill (Madison County Central Landfill) dated May 30, 1996 by Madison County, recorded January 14, 1997 in Official Records Book 424, Page 349.

Tax Parcel No. 11-lN-09-3487 -003-000

The subject parcel is unencumbered and is subject to the following matters which affect title:

1. Easement dated April 6, 1951 from Louise B. Guynn as Executrix of the Estate of Charles A. Bunting, Sr., Deceased, to Florida Power Corporation, recorded May 2, 1964 in Official Records Book 29, Page 632. Subject easement establishes a blanket utility easement over the West ½ of the subject parcel.

2. Guying Easement dated October 10, 1983 from C. Clinton Warren and Phyllis S. Warren to Florida Power Corporation, recorded December 2, 1983 in Official Records Book 146, Page 66.

Page 11 of 17 EXHIBIT C

Page 12 of 17 ACCESS EASEMENT AGREEMENT

THIS ACCESS EASEMENT AGREEMENT, is made and entered into by and between the Madison County Board of County Commissioners, whose mailing address is 229 S.W. Pinckney St., Madison, Madison County, Florida (hereinafter referred to as "GRANTOR") a political subdivision of the State of Florida, and its successors and assigns, and the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION and its successors and assigns (hereinafter referred to as "FDEP").

WITNESSETH:

WHEREAS, GRANTOR is the fee simple owner of certain real property (hereinafter "Easement Parcel") located in Madison County, Florida, as more particularly described in Exhibit "A", attached hereto and by reference made a part hereof; and

WHEREAS, on even date herewith, FDEP and GRANTOR have entered into that certain Declaration of Restrictive Covenant (the "Restrictive Covenant"), encumbering certain property ("the property"); and

WHEREAS, FDEP desires to use the Easement Parcel in order to gain access to the property for the purpose of inspecting, viewing and monitoring the property and GRANTOR’s compliance with the obligations set forth in the Restrictive Covenant related to the property; and

WHEREAS, FDEP's actions on the property are taken in an attempt to ensure compliance with the requirements contained in the Restrictive Covenant encumbering the property; and

WHEREAS, GRANTOR desires to grant to FDEP an easement for the aforementioned purpose.

NOW, THEREFORE, for and in consideration of the terms, conditions, and mutual covenants contained herein and other good and valuable consideration received by each party, the sufficiency of which are hereby acknowledged, the parties hereby agree as follows:

1. GRANTOR hereby grants to FDEP, its legal successors and assigns, a non- exclusive easement for ingress and egress in and upon the Easement Parcel for the purposes described above (hereinafter, the “Easement”).

2. The terms of the Easement shall commence upon the date of full execution of this Easement and shall continue in perpetuity; provided, however, this Easement shall terminate and be of no further force and effect upon the termination of the Restrictive Covenant by the FDEP.

Page 13 of 17 3. GRANTOR agrees that FDEP and its employees, contractors, and agents shall have ingress and egress to and from the property over and across the Easement Parcel to affect the purposes of this Easement.

4. In order to ensure the perpetual nature of this Easement, the GRANTOR and its successors and assigns shall reference this Easement in any subsequent deed of conveyance, including the recording information for this Easement.

5. GRANTOR hereby represents and warrants that GRANTOR has fee title in the Easement Parcel; and GRANTOR represents and warrants that it has the power and authority to grant this Easement. With respect to its use of the Easement Parcel, FDEP shall be responsible for injury or damage to persons or property for which it is found legally liable.

6. GRANTOR reserves the right to use or authorize others to use the Easement Parcel in any manner not inconsistent with or which will not unreasonably interfere with the rights granted herein, provided, however, that GRANTOR shall not disturb or block access in any way without prior approval from FDEP.

7. In the event FDEP determines that the Easement Parcel is no longer needed for the purposes set forth herein, FDEP may terminate this Easement by notifying GRANTOR, in writing, at least sixty (60) days prior to the date of such termination. In such event, FDEP agrees to execute an instrument in recordable form, releasing this Easement.

8. This Easement shall be binding upon and inure to the benefit of the parties specified herein, their legal representatives, successors and assigns.

9. This Easement does not impact or modify any other legal authority FDEP may have to inspect the Easement Parcel or property for regulatory purposes pursuant to Chapters 376 and 403, Florida Statutes.

10. GRANTOR shall maintain the Easement Parcel so that a standard sized two- wheeled drive motor vehicle can traverse the Easement Parcel.

IN WITNESS WHEREOF, the parties hereto have subscribed their names and have caused this Easement to be executed as of the day and year last written below.

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Page 14 of 17 IN WITNESS WHEREOF, the County of Madison has executed this instrument, this __ day of ______, 2019.

GRANTOR: Board of County Commissioners Madison County, Florida

By: ______H. Alston Kelley, Chair 229 S.W. Pinckney St. Madison, Madison County, Florida

Signed, sealed and delivered in the presence of:

______Date: ______Witness Print Name: ______

______Date: ______Witness Print Name: ______

STATE OF ______)

COUNTY OF ______)

The foregoing instrument was acknowledged before me this ___ day of ______, 2019.

Personally Known ___ OR Produced Identification ___. Type of Identification Produced ______.

______Signature of Notary Public

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

Page 15 of 17 Approved as to form by the Florida Department of Environmental Protection, Office of General Counsel ______.

IN WITNESS WHEREOF, the Florida Department of Environmental Protection has executed this instrument, this ___ day of ______, 2019.

FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

______Tim J. Bahr, Director Division of Waste Management Department of Environmental Protection 2600 Blair Stone Road, MS 4500 Tallahassee, Florida 32399-2400

Signed, sealed and delivered in the presence of:

______Date: ______Witness Print Name: ______

______Date: ______Witness Print Name: ______

STATE OF ______)

COUNTY OF ______)

The foregoing instrument was acknowledged before me this ___ day of ______, 2019.

Personally Known ___ OR Produced Identification ___. Type of Identification Produced ______.

______Signature of Notary Public

Attachment: Exhibit A – Access Easement Survey

Page 16 of 17 Exhibit A

Page 17 of 17

RESOLUTION NO. 2019-05-08A

WHEREAS, the Board of County Commissioners of Madison County, Florida is permitted and has the power pursuant to the provisions of the Florida Statutes including but not limited to Section 218.415 of the Florida Statutes and its own local laws to invest certain of its funds in statutorily permitted investments including but not limited to any intergovernmental investment pool authorized pursuant to Section 163.01, Florida Statutes, as amended (the Florida Interlocal Cooperation Act); and

WHEREAS, the Florida Interlocal Cooperation Act authorizes the Board of County Commissioners of Madison County, Florida, together with other local governmental entities, to exercise jointly any power, privilege, or authority that the local governmental entities share in common and that each might exercise separately pursuant to a written interlocal agreement; and

WHEREAS, the initial Participants (as such term is defined in the Interlocal Agreement described below), entered into that certain Interlocal Agreement, a copy of which is attached hereto as Exhibit A (the Interlocal Agreement), the purpose of which is to provide the Board of County Commissioners of Madison County, Florida and each Participant who has executed or otherwise joined the Interlocal Agreement a substantial benefit by establishing the intergovernmental investment pool to be known as the Florida Cooperative Liquid Assets Securities System (FLCLASS), an intergovernmental investment pool as described in Section 218.415, Florida Statutes, as amended, in order to exercise such investment power jointly and invest such funds in concert with the other Participants pursuant to the Interlocal Agreement as authorized by the Florida Interlocal Cooperation Act in order to take advantage of economies of scale and perform governmental functions more efficiently; and

WHEREAS, the Board of County Commissioners of Madison County, Florida desires to join the Interlocal Agreement as a Participant in order to exercise investment power jointly and invest funds in concert with the other Participants pursuant to the Interlocal Agreement in order to take advantage of economies of scale and perform governmental functions more efficiently; and

WHEREAS, the policy of the Interlocal Agreement shall be to place the highest priority on the safety of principal and liquidity of funds, and the optimization of investment returns shall be secondary to the requirements for safety and liquidity;

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Madison County, Florida as follows:

SECTION 1. The Interlocal Agreement executed or otherwise joined by the Participants thereto, a copy of which is attached to this Resolution as Exhibit A and incorporated herein by reference.

SECTION 2. Pursuant to Section 2.4 of the Interlocal Agreement, the Board of County Commissioners of Madison County, Florida hereby joins the Interlocal Agreement as a Participant and agrees to be bound by all of the terms and provisions thereof. The Board of County Commissioners of Madison County, Florida further agrees to file an executed copy of this Resolution with the Clerk of Court of Madison County, Florida.

SECTION 3. This Resolution shall take effect immediately upon its filing with the Clerk of Court of Madison County, Florida.

PASSED AND ADOPTED IN PUBLIC SESSION of the Board of County Commissioners of Madison County, Florida this 8th day of May, 2019.

BOARD OF COUNTY COMMISSIONERS MADISON COUNTY, FLORIDA

BY:______H. Alston Kelley Chair

ATTEST:______William D. Washington Clerk