Carlton Reserve voter approved bond ordinance 82.94 & 82:200

Statement of Environmental Commitment (excerpt)

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BCC Statement of Environmental Commitment describing the terms of the Carlton Reserve Bond Issue: Passive recreation that is environmentally benign, protection of wildlife habitat.
Apndx C_Ord82.94_Res82 200.pdf
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Pinelands Appeals 11th U.S. Circuit Court 1996,
Sets buffer zone to protect adjacent preservation/conservation lands, critical wildlife corridor: MRSP and CMR
Pinelands appeals Court Ruling.pages
Compressed Archive in ZIP Format 2.3 MB
  • Sarasota County Parks Ordinance
    Sec. 90-33. - Prohibited conditions, activities or uses.

    (a)

    Unless otherwise noted, the following conditions, uses, and activities are prohibited on or within Public Recreation Areas, Public Natural Areas, Public Beach Parks, and the Beaches or any foreshore area located immediately waterward thereof where waves crest and break, including Beach owned by the South Venice Beach Endowment Trust on property assigned Sarasota County Parcel Identification Number 0457-14-0001 and located south of Caspersen Beach Park and the northernmost Manasota Key residential lot, and Siesta Key Beaches from Palmer Point Park to the municipal limits of the City of Sarasota:

    (1)

    Holding, drinking from, possessing, or disposing of glass containers of any kind.

    (2)

    Dogs, cats, and other pets outside of areas specifically designated for activities involving such animals, except for dogs trained to assist or aid disabled or handicapped persons when such dogs are actually being used to assist or aid such persons. Any dog, cat or other pet found in violation of this section may be impounded and held in accordance with provisions of the Sarasota County Code of Ordinances.

    (3)

    The use of cigarettes, cigars, or any tobacco products:

    a.

    Within the defined perimeter at County-owned or operated Public Recreation Areas while such Areas are being utilized for organized youth athletic activities. For purposes of this Section, the "defined perimeter" is the area that encompasses all athletic fields, spectator stands, concession areas, restroom areas, walking or congregating areas, and all intervening spaces. This area is generally, but not exclusively, outlined by perimeter fencing with gates at points of entry. For purposes of this Section, a "youth athletic organization or league" is defined as an organization which contracts with County Parks and Recreation to conduct activities related to youth athletic leagues, including athletic practices and games, meetings, clinics, and demonstrations, on a regularly scheduled basis at County-owned or operated Public Recreation Areas (e.g., baseball, football, soccer, softball).

    b.

    Within any Public Beach Park or on any portion of a Beach located seaward or waterward of a Public Beach Park at any time, except in smoking areas, as determined by resolution adopted by Sarasota County, the City of Sarasota, and/or the City of Venice.

    (4)

    Abandonment of animal fecal matter.

    (5)

    Fishing activities conducted within swim areas designated by swim buoys.

    (6)

    Parking or driving Vehicles or mooring Watercraft between the hours of 12:00 midnight and 6:00 a.m. daily unless the Board, for good and sufficient reason, orders any of said facilities to be subject to a different closing time. This subsection shall not apply to authorized emergency and law enforcement vehicles, authorized maintenance or repair vehicles, marked vehicles of public safety and public service agencies, or vehicles displaying a permit that has been issued by the Code Administrator.

    (7)

    Driving or parking a Vehicle or Watercraft except in those areas specifically designed or otherwise designated by signs to be used for such driving or parking; provided, however, that the Code Administrator may issue written permits granting special parking privileges, upon application therefore, to persons suffering acute physical disabilities, which permits shall specifically recite on the face thereof the exact extent of the special privileges and the area or areas involved. Provided further, this subsection shall not apply to authorized emergency and law enforcement vehicles, authorized maintenance or repair vehicles, or marked vehicles of public safety and public service agencies.

    (8)

    Operation of a bicycle within a posted area that excludes such use.

    (9)

    Operation of an automobile, truck, motorcycle, motor scooter, motor bicycle, or other mode of transportation in excess of 15 miles per hour, unless otherwise posted by the County.

    (10)

    Overnight camping of any type except in those areas that are developed and designated for such use and where the Code Administrator has authorized such use by permit.

    (11)

    Disposal of any paper, waste, garbage, trash, cigarette butts, debris, or other litter of any kind except in proper receptacles. The use of County receptacles is limited to paper, waste, garbage, trash, debris or other litter that was generated as the result of activities at the Public Beach Park, Beach, Public Natural Areas or Public Recreation Area at which the receptacles are located.

    (12)

    The sale of food or drink of any kind, including beer and other intoxicating beverages, or the sale or rental of athletic equipment, sports equipment, jet skis and other Watercraft, or any other items; provided, however, that the County may issue permits, or enter into license agreements, leases or other agreements for the sale or rental of any of the above on such terms and conditions as the County shall deem proper and in the best interest of the citizens of the County.

    (13)

    The playing of sports and games in which an object is propelled through the air by any means except in those areas specifically designed or otherwise designated for such activities.

    (14)

    Fires, except in grills, fireplaces, or barbecue pits that are provided by the County, or that are associated with County-managed prescribed burns.

    (15)

    Soliciting or canvassing unless authorized in writing by County Parks and Recreation.

    (16)

    Destroying, cutting, carving, mutilating, moving, displacing, breaking off, injuring, defacing, marring, moving, digging, harmfully disturbing or removing from any area, or the waters thereof, any buildings, structures, facilities, cultural resources, including historic and prehistoric, equipment, park property, soil, natural water bottom formation, sand, gravel, rocks, stones, fossils, minerals, plants (including terrestrial, aquatic, marine, or epiphytic plants) or animals, artifacts, or other materials. Provided, however, this subsection shall not apply to:

    a.

    Legal fishing;

    b.

    Trapping or removal of non-native or nuisance animals by the County or County-authorized party;

    c.

    Legal hunting on County land at specific locations approved by the Board and subject to conditions including, but not limited to, safety and wildlife management plans, mitigation of off-site impacts, and permits:

    d.

    The sculpting of sand (such as sand castles) on Beaches or within Public Beach Parks, or the collection of shells, sharks' teeth, and other natural materials that wash up on Beaches or within Public Beach Parks, except as otherwise prohibited by federal, State, or local laws;

    e.

    The collection of natural objects, including plant and animal life and minerals, for scientific and educational purposes so long as such collection is conducted in compliance with all federal, state or local laws and authorized by a permit from the Code Administrator. Permission shall be applied for by submitting a written request at least ten business days prior to collection; or

    f.

    The management of the land and risk abatement by the County.

    (17)

    Introduction of any plant or animal species to the environment by willful abandonment, negligence, or for any other reason without permission from the County department or division charged with enforcement of this provision.

    (18)

    Parachuting, paragliding, and landboarding Air Sports. Exceptions shall be by County Permit.

    (19)

    Air Sports, Watercraft, surfing, and sailboarding operated within a swim area designated by a buoy. Exceptions shall be made for the use of surfboards by lifeguards for water rescues. In addition, the following Air Sports shall be subject to the following requirements:

    a.

    Persons engaging in kiteboarding shall launch and land the associated kites no closer than 200 feet from a swim area designated by buoys. Pedestrians and swimmers shall have the right-of-way.

    b.

    Persons engaging in parasailing shall be no closer than 500 feet from the water's edge of a Beach located waterward of a Public Beach Park.

    (20)

    The blocking of or obstructing access to or from vacant designated parking spots except when moving a motor vehicle into and out of such designated parking space or when conducted by or with the permission of County officials.

    (b)

    The following conditions, uses, and activities are prohibited on all Manasota and Casey Key Beaches located south of Palmer Point Park, or in any foreshore area immediately waterward thereof where waves crest and break, excluding Beach owned by the South Venice Beach Endowment Trust on property assigned Sarasota County Parcel Identification Number 0457-14-0001 and located south of Caspersen Beach Park and the northernmost Manasota Key residential lot:

    (1)

    Abandonment of animal fecal matter.

    (2)

    Parking or driving motorized vehicles.

    (3)

    Disposal of any paper, waste, garbage, trash, cigarette butts, debris, or other litter of any kind except in proper receptacles.

    (4)

    The sale of food or drink of any kind, or the sale or rental of athletic equipment, sports equipment, jet skis and other Watercraft, or any other items, except by County permit.

    (5)

    Fires, except in grills, fireplaces, or barbecue pits designed for such fires.

    (6)

    Introduction of any plant or animal species to the environment by willful abandonment, negligence, or for any other reason without permission from the County department or division charged with enforcement of this provision.

    (c)

    When deciding whether to issue a County permit for those activities ordinarily prohibited under subsections 90-33(a) and (b), but subject to approval through such a permit, County staff shall consider the following criteria:

    (1)

    The location of the proposed activities;

    (2)

    Potential for adverse effects on the welfare of the public, including, but not limited to, safety, property, noise and light levels, risk, and natural, historical, or cultural resources;

    (3)

    The time of the proposed activities and its effect on other scheduled events and neighboring properties;

    (4)

    The risk of a taking of any species protected pursuant to federal and/or state laws, or any other Articles of the Sarasota County Code of Ordinances, unless authorized pursuant to the applicable federal and/or state laws. Taking shall be defined as per the United States Endangered Species Act.

    The denial of any permit may be appealed to the Board of County Commissioners.

    (Ord. No. 2007-102, § 4, 12-11-2007; Ord. No. 2010-042, § 3, 6-23-2010; Ord. No. 2013-011, § 2, 4-24-2013; Ord. No. 2015-060, § 2, 8-24-2015)

 

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Utilities Department security restrictions after 9-11, Carlton Land Use Plan draft 2009. p. 35
Prohibits private vehicular use of the Carlton: "A loss of public confidence in the water supply, even absent a true health hazard, would be a disaster for Sarasota County Utilities in terms of public perception and relations." "Motorized vehicular travel will continue to be banned, with the exception of Sarasota County staff or their representatives, within the Reserve."
Utilities p35 2009 Carlton LMP draft.pdf
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Florida Statute 258.501 Myakka River; wild and scenic segment
Designates the Myakka River adjacent to the Carlton Reserve as "wild and scenic" with protections that include "restriction of motorized travel by land vehicle or boat," regulation, control, and distribution of public access." "Sarasota County . . .shall amend the comprehensive plan" "to conform to"or "be more stringent than" the river management plan". . . within 1 year after the adoption date of the agreement. . .such amendments need not conform to statutory or local ordinance limitations . . . of amendments to local
comprehensive plans."
FloridaLaws.MyakkaR copy.pdf
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Rule 62D-15.005 Prohibitions within Wild and Scenic River Area
Prohibitions include discharging pollutants, cutting or removing native vegetation, constructing new road crossings, airboats, constructing any structure not related to a water-dependent activity, and any other activity which adversely impacts resource values in the river area.
62d-15 copy.pdf
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Myakka Wild and Scenic River Rule 62D-15
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Florida Volunteer Protection Act
F.S. 768.1355

(1)  Any person who volunteers to perform any service for any nonprofit organization, including an officer or director of such organization, without compensation, except reimbursement for actual expenses, shall be considered an agent of such nonprofit organization when acting within the scope of any official duties performed under such volunteer services. Such person shall incur no civil liability for any act or omission by such person which results in personal injury or property damage if:

(a)  Such person was acting in good faith within the scope of any official duties performed under such volunteer service and such person was acting as an ordinary reasonably prudent person would have acted under the same or similar circumstances; and

(b)  The injury or damage was not caused by any wanton or willful misconduct on the part of such person in the performance of such duties.

1.  For purposes of this act, the term "nonprofit organization" means any organization which is exempt from taxation pursuant to 26 U.S.C. s. 501, or any federal, state, or local governmental entity.

2.  For purposes of this act, the term "compensation" does not include a stipend as provided by the Domestic Service Volunteer Act of 1973, as amended (Pub. L. No. 93-113), or other financial assistance, valued at less than two-thirds of the federal hourly minimum wage standard, paid to a person who would otherwise be financially unable to provide the volunteer service.

(2)  Except as otherwise provided by law, if a volunteer is determined to be not liable pursuant to subsection (1), the nonprofit organization for which the volunteer was performing services when the damages were caused shall be liable for such damages to the same extent as the nonprofit organization would have been liable if the liability limitation pursuant to subsection (1) had not been provided.

(3)  Members of elected or appointed boards, councils, and commissions of the state, counties, municipalities, authorities, and special districts shall incur no civil liability and shall have immunity from suit as provided in s. 768.28 for acts or omissions by members relating to members' conduct of their official duties. It is the intent of the Legislature to encourage our best and brightest people to serve on elected and appointed boards, councils, and commissions.

(4)  This section may be cited as the "Florida Volunteer Protection Act."