NatureWalk Community Development District

Board of Supervisors’ Special Meeting December 17, 2020

District Office:
120 Richard Jackson Blvd, Suite 220 Panama City Beach, Florida 32407 850-334-9055

www.naturewalkcdd.org

NATUREWALK
COMMUNITY DEVELOPMENT DISTRICT AGENDA
Rizzetta & Company, Inc., 120 Richard Jackson Boulevard, Suite 220, Panama City Beach, FL 32407

District Board of Supervisors	Jonette Coram
Todd Egizii	Chair
Vice Chair	
	Mike Grubbs Sandra Waisley	Assistant Secretary Assistant Secretary	

District Manager	Kimberly O’Mera	Rizzetta & Company, Inc.	
District Counsel	Carl Eldred	Hopping Green & Sams, P.A.	
District Engineer	James Martelli, P.E.	Innerlight Engineering Corporation	
Bond Counsel	Cynthia E. Wilhelm	Nabors, Giblin & Nickerson, P.A.	

All Cellular phones and pagers must be turned off.

The Audience Comment portion of the agenda is where individuals may make comments on matters that concern the District. Individuals are limited to a total of three (3) minutes to make comments during this time.

Pursuant to provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this meeting/hearing/workshop is asked to advise the District Office at least forty-eight (48) hours before the meeting/hearing/workshop by contacting the District Manager at (850) 334-9055. If you are hearing or speech impaired, please contact the Florida Relay Service by dialing 7-1-1, or 1-800-955-8771 (TTY)1-800-955-8770 (Voice), who can aid you in contacting the District Office.

A person who decides to appeal any decision made at the meeting/hearing/workshop with respect to any matter considered at the meeting/hearing/workshop is advised that person will need a record of the proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made including the testimony and evidence upon which the appeal is to be based.

NATUREWALK COMMUNITY DEVELOPMENT DISTRICT
DISTRICT OFFICE  120 RICHARD JACKSON BLVD., SUITE 220, PANAMA CITY BEACH, FL 32407
http://naturewalkcdd.org/

December 10, 2020

Board of Supervisors NatureWalk Community Development District

Dear Board Members:

AGENDA

A special meeting of the Board of Supervisors of the NatureWalk Community Development District will be held on Thursday, December 17, 2020 at 10:00 a.m. (CST) at the Walton County Coastal Branch Library, located at 437 Greenway Trail, Santa Rosa Beach, FL 32459. The following is the agenda for these meetings:
BOARD OF SUPERVISORS’ MEETING:
CALL TO ORDER/ROLL CALL
AUDIENCE COMMENTS
BUSINESS ADMINISTRATION
Acceptance of Resignation of Supervisor Kerry Campbell	Tab 1
Discussion of Candidates for Vacant Supervisor Seat
Consideration of Resolution 2021-03, Re-Designation of Officers	Tab 2
Consideration of Minutes of the Landowners’ Election and Regular
Board of Supervisors’ Meeting Held on November 5, 2020	Tab 3
Ratification of Operations and Maintenance Expenditures for October 2020	Tab 4
BUSINESS ITEMS
Consideration of Proposals for Rapid Flashing Beacon Signs
at CR 395	Tab 5
Consideration of Traffic Enforcement/Parking Policy	Tab 6
Consideration of Proposal for Erosion Repairs (under separate cover)
Consideration of Proposal for Bridge Inspections	Tab 7
Atlas Engineering and Consulting
Cleveland Engineering Services
Consideration of Request to Purchase CDD Property	Tab 8
Consideration of Arbitrage Services Series 2007AB Proposal – AMTEC	Tab 9
STAFF REPORTS
District Counsel
Letter to Supervisors Re: Social Media & Sunshine Laws
District Engineer
District Manager
SUPERVISOR REQUESTS
ADJOURNMENT
I look forward to seeing you at the meeting. In the meantime, if you have any questions, please do not hesitate to call me at 850-334-9055.
Sincerely, Kimberly O’Mera Kimberly O’Mera District Manager

cc:	Carl Eldred, Tucker Mackie, Hopping Green & Sams, P.A.

Tab 1

Kristen Emery

From: Sent:
To:
Subject:

Follow Up Flag: Flag Status:

K. Campbell <kcc14@live.com> Friday, October 30, 2020 7:47 PM Kristen Emery
Re: 2020-11-05 NatureWalk COD - Landowner Election and Board of Supervisors' Meeting

Follow up Completed

I will be at the meeting on Thursday, but I also to submit my resignation after we have finished business that needs approval, my house will go up on the Market Monday and I'm purchasing a home at Lake Oconee in GA, so we will need to feel 2 positions on Thursday, thanks Kerry

Sent from my iPhone

On Oct 29, 2020, at 9:32 PM, K. Campbell <kcc14@live.com> wrote: Kerry Campbell
I plan to attend in person Sent from my iPhone

On Oct 29, 2020, at 2:39 PM, Kri sten  Emery <kemery@rizzet t a.com> wrote:

In an effort to maintain compliance with the Florida Sunshine Law, please do not reply globally to this notification. Any questions should be directed to the sending party only or to the District Office at (850)334-9055.

Please be advised that the upcoming Landowner Election and meeting of the Board of Supervisors of the NatureWalk Community Development District will be held on Thursday, November 5, 2019 at 3:30 p.m.

Click Here

In order to verify a quorum, please confirm your attendance at this meeting by e-mailing kemery@rizzetta.com .

1

Tab 2

RESOLUTION 2021-03

A RESOLUTION OF THE BOARD OF SUPERVISORS OF NATUREWALK COMMUNITY DEVELOPMENT DISTRICT DESIGNATING THE OFFICERS OF THE DISTRICT, AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, NatureWalk Community Development District (“District”) is a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated entirely within Walton County, Florida; and

WHEREAS, the Board of Supervisors (“Board”) of the District desires to designate the Officers of the District.

NOW, THEREFORE, be it resolved by the Board:

SECTION 1.	 	 is appointed Chairman.	
SECTION 2.	 	 is appointed Vice Chairman.	
SECTION 3.	 	 is appointed Assistant Secretary.	
	 	 is appointed Assistant Secretary.	
	 	 is appointed Assistant Secretary.	
	 	 is appointed Assistant Secretary.	
	 	 is appointed Assistant Secretary.	

SECTION 4.	This Resolution shall become effective immediately upon its adoption.

PASSED AND ADOPTED THIS 17th DAY OF DECEMBER 2020.

ATTEST	NATUREWALK COMMUNITY
DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Chairman/Vice Chairman

Tab 3

NATUREWALK COMMUNITY DEVELOPMENT DISTRICT
November 05, 2020 Minutes of Meeting
Page 1
1
2	MINUTES OF MEETING
3
Each person who decides to appeal any decision made by the Board with respect
to any matter considered at the meeting is advised that the person may need to
ensure that a verbatim record of the proceedings is made, including the testimony
and evidence upon which such appeal is to be based.
8
9	NATUREWALK
10	COMMUNITY DEVELOPMENT DISTRICT
11
The landowners’ meeting of the NatureWalk Community Development District was
held on Tuesday, November 5, 2020 at 3:59 p.m. (CDT) at The Blount House, located
at 541 Kylea Laird Dr., Freeport, FL 32439
15
16	Present:
17
Todd Egizii	Assistant Secretary
(via peakerphone)
Jonette Coram	Chair
Kerry Campbell	Vice Chair
Mike Grubbs	Assistant Secretary
23
24	Also present were:
25
Justin Croom	Representative, Rizzetta & Company, Inc.
Kimberly O’Mera	Representative, Rizzetta & Company, Inc.
Carl Eldred	Representative, Hopping Green & Sams, P.A.
Jim Martelli, PE	District Engineer, Innerlight Engineering Corporation
(via speakerphone)
31
32	FIRST ORDER OF BUSINESS	Call to Order
33
Mr. Croom called the meeting to order. He stated that the purpose of the
landowners’ meeting was to hold a landowner election for five landowner sears on the
Board of Supervisors. Mr. Croom stated that this process in accordance with Chapter 190
of the Florida Statutes. He also noted that the landowners’ meeting was duly advertised in
a newspaper of local circulation on October 15, 2020 and October 22. 2020.
39
40	SECOND ORDER OF BUSINESS	Appointing of Meeting Chairman
41
42	Mr. Croom was appointed to serve as the meeting chairman.
43
44

NATUREWALK COMMUNITY DEVELOPMENT DISTRICT
November 05, 2020 Minutes of Meeting
Page 2

45
46
47	THIRD ORDER OF BUSINESS	Determination of Number of Voting Units Represented	
48
49	Mr. Croom reviewed the proxies submitted by Simon Dance and Scott Campbell with a total of 5 ballots.	
50
51
52	FOURTH ORDER OF BUSINESS	Announcement of Candidates/Call for Nominations	
53
Mr. Croom called for the announcement of candidates. Sandra Waisley, Todd
Egizii, Mike Grubbs, and Bryon Coyne.
56
57
58	FIFTH ORDER OF BUSINESS	Election of Supervisors
59
Mr. Croom read the ballot into the record, stating that Total of 26 votes for Sandra
Waisley, 22 votes for Tod Egizii, 21 votes for Mike Grubbs, and 2 votes for Bryon Coyne.
Sandra Waisley and Todd Egizii winning 4-year terms and Mike Grubbs a 2 year term.
63
64	SIXTH ORDER OF BUSINESS	Adjournment
65
With no further business scheduled to come before the landowners, Mr. Croom
adjourned the meeting at 4:02 p.m.
68
69

NATUREWALK COMMUNITY DEVELOPMENT DISTRICT
November 5, 2020 Minutes of Meeting
Page 1
1
2	MINUTES OF MEETING
3
Each person who decides to appeal any decision made by the Board with respect
to any matter considered at the meeting is advised that the person may need to
ensure that a verbatim record of the proceedings is made, including the testimony
and evidence upon which such appeal is to be based.
8
9	NATUREWALK
10	COMMUNITY DEVLOPMENT DISTRICT
11
The regular meeting of the Board of Supervisors of the NatureWalk Community
Development District was held on Thursday, November 5, 2020 at 4:02 p.m. (CDT) at
The Blount House, located at 541 Kylea Laird Drive, Freeport, GL 32439.
15
16	Present and constituting a quorum:
17
Jonette Coram	Board Supervisor, Chairperson
Todd Egizii	Board Supervisor, Vice Chair
(via speakerphone)
Kerry Campbell	Board Supervisor, Assistant Secretary
Mike Grubbs	Board Supervisor, Assistant Secretary
23
24	Also present were:
25
Kimberly O’Mera	District Manager, Rizzetta & Company, Inc.
Justin Croom	Rizzetta & Company, Inc.
Carl Eldred	District Counsel, Hopping Green & Sams, P.A.
Jim Martelli, PE	District Engineer, Innerlight Engineering Corporation
(via speakerphone)
Audience	Present
32
33
34	FIRST ORDER OF BUSINESS	Call to Order
35
36
37	Mr. Croom called the meeting to order at 4:02 p.m. and read roll call, confirming a
38
39	quorum for the meeting.	
40
41
42
43
44	
SECOND ORDER OF BUSINESS	Audience Comments

There were no audience comments at this time.	
45

NATUREWALK COMMUNITY DEVELOPMENT DISTRICT
November 5, 2020 Minutes of Meeting
Page 2
THIRD ORDER OF BUSINESS	Administration of Oath of Office to
Newly Elected Supervisors
48
Mr. Croom administered Oath of Office to Todd Egizii, Mike Grubbs, and
Sandra Waisley and reviewed compensation for meeting attendance with the Board.
Mr. Eldred reviewed Florida Sunshine Laws with the Board of Supervisors.
52
53
FOURTH ORDER OF BUSINESS	Consideration of Resolution  2021-01,
Canvassing   and   Certifying Election
Results
57
Mr. Croom presented and reviewed the current Seats for the Board. Ms. Waisley
and Mr. Egizii will have 4-year terms and Mr. Grubbs will have a 2-year term.
60

On a Motion by Mr. Campbell and seconded Ms. Coram, with all in favor, the Board of Supervisors accepted Resolution 2021-01 Canvassing and Certifying Election Results, for the NatureWalk Community Development District.

61
62
FIFTH ORDER OF BUSINESS	Consideration of Resolution 2021-02,
Designating Officers
65
Mr. Croom presented and reviewed Resolution 2021-02, Designating Officers.
Jonette Coram in Seat #5 as Chair, Kerry Campbell resigned as Vice Chair and Todd Egizii
accepted Vice Chair, with Sandra Waisley, Mike Grubbs, Kimberly O’Mera and Melissa
Dobbins as Assistant Secretaries.
70

On a Motion by Ms. Coram and seconded Mr. Grubbs, with all in favor, the Board of Supervisors Approved Resolution 2021-02, Designating Officers, for the NatureWalk Community Development District.

71
72
73
SIXTH ORDER OF BUSINESS	Consideration of Minutes of the Board
of Supervisors’ Meeting Minutes Held
on September 30, 2020
77		
78	On a motion by Mr. Campbell, seconded by Ms. Waisley, with all in favor, the Board	
79	approved The Minutes of the Board of Supervisors’ Meeting Held on September 30,	
80	2020, for the NatureWalk Community Development District.	
81		

NATUREWALK COMMUNITY DEVELOPMENT DISTRICT
November 5, 2020 Minutes of Meeting
Page 3

82	SEVENTH ORDER OF BUSINESS	Ratification of Operation and	
83		Maintenance Expenditures for July	
84		2020	
85			
86	Mr. Croom presented the Board with the Operation and Maintenance Expenditures	
87	for August 2020 $18,217.34 and September 2020 $37,360.35. August included various	
88	irrigation repairs and photocell repair. September had audit, repair/replacement of	
89	entrance bridge and various irrigation repairs.	
90

On a motion by Mr. Campbell, seconded by Mr. Grubbs, with all in favor, the Board ratified The Operation and Maintenance Expenditures for August 2020 ($18,217.34) and September 2020 ($37,360.35), for NatureWalk Community Development District.

91
EIGHTH ORDER OF BUSINESS	Ratification of Audit Engagement
Letter – Berger, Toombs, Elam,
Gaines, and Frank
Mr. Croom presented and reviewed the Audit Engagement Letter. It will be at a
slightly reduced cost of $3,100 per year for 2020, 2021, and 2022.
97
98

On a motion by Ms. Coram, seconded by Mr. Campbell, with all in favor, the Board ratified the Audit Engagement Letter – Berger, Toombs, Elam, Gaines, and Frank, for NatureWalk Community Development District.

99
100
101	NINTH ORDER OF BUSINESS	Staff Reports
102
103	A.	District Counsel
104
Mr. Eldred reviewed general outline of parking policy. No overnight parking
from 11:00 p.m. to 6:00 a.m. with holidays excluded. Towing and removal
procedures will be established following Florida statues. Signage will be
provided by the towing company. Mr. Eldred recommends that the district
authorize towing, or they can allow the towing company to come through to
tow without being called. A public hearing will have to be held. Suggested
by Mr. Egizii to allow quick unloading for boats. Ms. Coram mentioned the
112		rules the HOA is trying to establish as well. Board will email staff their	
113		recommendations for policies.	
114			
115			
116	B.	District Engineer	
117			
118		Mr. Martelli noted that the ponding at end of Prairie Pass. It is being repaired	
119		by builder under warranty by lowering drains.	

NATUREWALK COMMUNITY DEVELOPMENT DISTRICT
November 5, 2020 Minutes of Meeting
Page 4
Mr. Martelli noted that the Lovegrass Way repaving will happen the first
week or two in December. Waste Management will be notified when it is
scheduled.
123
Mr. Martelli noted the retaining walls for the ponds were having some
erosion. He met with a state certified wall contractor. There are no structural
issues, but the wall cap is not level and the recent hurricane caused erosion
and there are also some lifting holes. Mrs. O’Mera will be receiving a
proposal and will present at the December special meeting.
129
Mr. Martelli noted that the regulatory signs that the traffic control agreement
requires that the signage meets FDOT requirements and that Walton
County Public Works will have to sign off on the signage as well. The height
minimum must be 7 feet tall, but will not all have to be replaced after Mr.
Martelli did an audit on the existing signs. He has a proposal for 23 stop
signs, 4 sped limit signs and 4 thermoplastic stop bars for $12,500.00.
Budget for the signs was discussed. Mr. Martelli will be meeting with county
engineer but they do have the proposal but it could vary if more signs are
required. The board moved to proceed with the regulatory signage not to
exceed $15,000.00 and would not include the rectangular flashing beacon
signs. These signs would be on Hwy 395 but an official drawing and right of
way use permit will be needed. This will be presented and the December
special meeting.
Discussion was had about property owned by New NatureWalk in regards to
the bridge by Beargrass and how it will be affected by the parking policy.
145
146

On a motion by Ms. Coram, seconded by Mr. Grubbs , with all in favor, the Board approved to the proposal for regulatory traffic signage not to exceed $15,000.00, for NatureWalk Community Development District.

147
C.	District Manager
149
Mr. Croom advised that the next regular meeting of the Board of Supervisors’
for the NatureWalk Community Development District is to be held on February
4, 2021 at 3:30 pm at the Walton County Coastal Branch Library. A special
meeting will be scheduled in December. Mr. Croom also introduced Kim
O’Mera as District Manager. Mrs. O’Mera provided a packet with insurance
information to consider
156
TENTHORDER OF BUSINESS	Supervisor Requests
158
No supervisor requests at this time.
160

NATUREWALK COMMUNITY DEVELOPMENT DISTRICT
November 5, 2020 Minutes of Meeting
Page 5
ELEVENTH ORDER OF BUSINESS	Adjournment
162
On a Motion by Ms. Coram, seconded by Ms. Waisley, with all in favor, the Board adjourned the meeting at 5:23 p.m. CDT, for the NatureWalk Community Development District.	
163		
164		
165		
166	 		 		
167	Secretary/Assistant Secretary	Chairman/ Vice Chairman	

Tab 4

NatureWalk Community Development District
DISTRICT OFFICE · 120 RICHARD JACKSON BLVD · SUITE 220 · PANAMA CITY BEACH, FL 32407

Operations and Maintenance Expenditures October 2020
For Board Approval

Attached please find the check register listing the Operation and Maintenance expenditures paid from October 1, 2020 through October 31, 2020. This does not include expenditures previously approved by the Board.

The total items being presented: $31,928.18

Approval of Expenditures:

 	 Chairperson

 	 Vice Chairperson

 	 Assistant Secretary

NatureWalk Community Development District
Paid Operation & Maintenance Expenditures
October 1, 2020 Through October 31, 2020

Vendor Name	Check #	Invoice Number	Invoice Description	Invoice Amount

CHELCO	001764	Electric Summary	CHELCO Electric Summary 09/2020	$	1,762.90	
		09/2020			
Eddie The Painter Services LLC	001773	0803	Wood Floor/Bridge and Garbage Removal	$	900.00	

GateHouse Media DBA	
001765	
2030768-0920	10/20
Acct# 2030768 Legal Advertising 09/23/20	
$	250.70	
Northwest Florida Papers GreenEarth Landscape	
001762	
70247	
Transformer for Bridge 09/20	
$	950.00	
Services LLC GreenEarth Landscape	
001762	
70290	
Irrigation Repair 09/20	
$	150.00	
Services LLC GreenEarth Landscape	
001770	
70374	
Monthly Landscape Maintenance 10/20	
$	8,682.00	
Services LLC GreenEarth Landscape	
001766	
70535	
Irrigation Repair 10/20	
$	250.00	
Services LLC GreenEarth Landscape	
001766	
70536	
Lighting Repair 10/20	
$	75.00	
Services LLC GreenEarth Landscape	
001774	
70647	
Lighting Repair 10/20	
$	250.00	
Services LLC GreenEarth Landscape	
001774	
70648	
Lighting Repair 10/20	
$	275.00	
Services LLC GreenEarth Landscape	
001774	
70649	
Irrigation Repair 10/20	
$	3,810.00	
Services LLC GreenEarth Landscape	
001774	
70650	
Irrigation Repair 10/20	
$	150.00	
Services LLC
Hopping Green & Sams	
001775	
117787	
General Legal Counsel 09/20	
$	4,666.50	
Jonette Anne Coram	001769	JC093020	Board Of Supervisors Meeting 09/30/20	$	200.00	

Kerry Campbell	001768	KC093020	Board Of Supervisors Meeting 09/30/20	$	200.00	
Newagetutors, LLC dba	001763	1999	Website ADA Compliance 10/20	$	300.00	
VGlobaltech
Rizzetta & Company, Inc.	
001767	
INV0000053339	
District Management Fees 10/20	
$	3,327.08	
Rizzetta & Company, Inc.	001767	INV0000053595	Assessment Roll Preparation FY 20/21	$	5,000.00	
Rizzetta Technology Services,	001772	INV0000006390	Email & Website Hosting Services 10/20	$	175.00	
LLC
The Lake Doctors, Inc.	
001771	
532637	
Acct # 717754 Monthly Water Management	
$	393.00	

The Lake Doctors, Inc.	
001771	
533660	10/20
Acct #721546 Fountain Cleaning 10/20	
$	161.00	

Report Total	$		31,928.18	

Tab 5

INNERLIGHT ENGINEERING CORPORATION
11490 Emerald Coast Parkway, Suite 2W Miramar Beach, Florida 32550 Phone: 850.424.5855

C.R. 395 RECTANGULAR RAPID FLASHING BEACON SIGNS / CROSSING	
NATUREWALK AT SEAGROVE	
20‐Nov‐20	
ITEM	DESCRIPTION	UNIT	QTY	UNIT COST	TOTAL COST NO	
COASTAL SEAL COATING (QUOTE PROVIDED BY MIKE WYATT, 11.05.2020)	
				2 3/8" GALVANIZED STEEL POST, 12' LONG	
1	MOBILIZATION / DEMOBILIZATION / CLEANUP (ALLOWANCE)	EA	1	$500.00	$500.00	
2	8 FT WIDE, THERMOPLASTIC CROSSWALK (WHITE) (50 FT LONG)	EA	1	$2,800.00	$2,800.00	
3	YIELD LINE TRIANGLES (WHITE) (PER DETAIL) (25 FT LONG)	EA	1	$1,200.00	$1,200.00	
4	YIELD LINE TRIANGLES (WHITE) (PER DETAIL) (12 FT LONG)	EA	1	$800.00	$800.00	
5	MAINTENANCE OF TRAFFIC (ALLOWANCE)	EA	1	$2,000.00	$2,000.00	
	SUBTOTAL:	$7,300.00	

QUOTE PROVIDED BY GRIFFIN TRAFFIC SIGNALS	
5	PEDESTRIAN / BICYCLE CROSSING SIGN W. RRFB PER DETAIL (GRIFFIN TRAFFIC SIGNALS)	EA	2	$8,500.00	$17,000.00	

$17,000.00

SUBTOTAL:

$24,300.00

GRAND TOTAL:

* THIS SPREADSHEET HAS BEEN CREATED BY INCORPORATING THE TWO PROPOSALS ABOVE AND IN ADDITION, PROVIDING AN ALLOWANCE FOR ITEMS 1 AND 5 SINCE A PRICE WASN’T GIVEN FOR THESE TASKS

PAGE 1 OF 1

Murdock Investments LLC
dba GRIFFIN TRAFFIC SIGNALS
6509 Highway 22 Panama City, FL 32404 USA
Voice:(850)270-2715
Fax:  (850)270-2715
Email: griffintraffic@gmail.com Web Site: www.griffintraffic.com

PROPOSAL
Proposal Number:	Sandgrass and 395
Proposal Date:	Nov 20, 2020
Complete By:	Nov 20, 2020

Page:	1

Naturewalk Community Development Distri 120 Richard Jackson Blvd
Suite 220
Panama City Beach, FL 32407

To:

Customer ID			
Naturewalk Community			
Customer Contact		Payment Terms	
		Net 30 Days	

Quantity	Item	Description	Unit Price	Amount	
2.00		F&I RRFB Solar Power Dual Sign Push Button	8,500.00	17,000.00	
		Complete Assembly @ Sandgrass Blvd & CR 395			
		crosswalk			
	Subtotal	17,000.00	
	Sales Tax		
	Freight	0.00	
	TOTAL PROPOSAL AMOUNT	17,000.00	
Bid assumes General Contractor will provide MOT unless specified in pay items.
Bid assumes General Contractor will provide Performance Bond and/or Warranty Bond unles specified in Pay Items.

Tab 6

December 9, 2020

Board Supervisors
NatureWalk Community Development District Re: Draft Parking Policies
Dear Board Supervisors,

Attached are two draft parking policies for your review. For those that are interested, I’ve also included redline versions which track the changes made to the parking policy you reviewed at the last meeting. There was no consensus amongst the Supervisors based on the comments that were submitted, so I prepared two alternative policies for your consideration and discussion. The following is a brief overview of each policy.
Alternative 1 -

Prohibits parking of all Vehicles on streets and landscaped/common areas with the following exceptions:
Delivery and Service Vehicles while actively engaged in the operation of such businesses.
Parking allowed in designated areas only.
No exception for Holidays.

Alternative 2 –

Prohibits Overnight Parking and Parking in identified landscaped/common areas
Expressly allows for Parking of Delivery and Service Vehicles while actively engaged in the operation of such businesses.
No exception for Holidays.

Please do not hesitate to contact me if you have any questions.

Sincerely,

Carl Eldred District Counsel

Post Office Box 6526 Tallahassee, Florida 32314 119 South Monroe Street, Suite 300 (32301) 850.222.7500 850.224.8551 fax www.hgslaw.com

NATUREWALK COMMUNITY DEVELOPMENT DISTRICT
RULES RELATING TO PARKING ENFORCEMENT

In accordance with Chapter 190, Florida Statutes, and on 	, 202_ at a duly  noticed public meeting, the Board of Supervisors of the NatureWalk Community Development District (“District”) adopted the following policy to govern parking and parking enforcement on certain District Property. This policy repeals and supersedes all prior rules and/or policies governing the same subject matter.

SECTION 1. INTRODUCTION. The District finds that parked Vehicles, Commercial Vehicles, Vessels and Recreational Vehicles (hereinafter defined) on certain of its property, streets, alleys and roadways cause hazards and danger to the health, safety and welfare of District residents and the public. This Policy prohibits parking of Vehicles, Vessels and Recreational Vehicles on property, streets, alleys and roadways within the District, except in Designated Parking Areas, and provides the manner in which any such Vehicles or Vessels shall be towed/removed consistent with this Policy.

SECTION 2. DEFINITIONS.

Commercial Vehicle(s). Any mobile item which normally uses wheels, whether motorized or not, that (i) is titled, registered or leased to a company and not an individual person, or
(ii) is used for business purposes even if titled, registered or leased to an individual person.

Delivery Vehicles(s). Any Commercial Vehicle engaged in the delivery activities, including but not limited to U.S. Postal Service, U.P.S., Fed Ex, and moving company Vehicles.

Service Vehicles(s). Any Commercial Vehicle engaged in the provision of services, including but not limited to lawn maintenance and service/technician Vehicles.

Vehicle(s). Any mobile item which normally uses wheels, whether motorized or not. For purposes of this Policy, unless otherwise specified, any use of the term Vehicle(s) shall be interpreted so as to include Commercial Vehicle(s), Vessel(s), and Recreational Vehicle(s).

Vessel(s). Every description of watercraft, barge, or airboat used or capable of being used as a means of transportation on water.

Recreational Vehicle(s). A vehicle designed for recreational use, which includes golf carts, motor homes, campers and trailers relative to same.

Parked. A Vehicle, Vessel or Recreational Vehicle left unattended by its owner or
user.

Tow-Away Zone. District property in which parking is prohibited and in which  the District is authorized to initiate a towing and/or removal action.

Designated Parking Areas. Areas identified on Exhibit A where parking is permitted.

SECTION 3. ESTABLISHMENT OF TOW-AWAY ZONES. The Parking of Vehicles, Vessels and Recreational Vehicles on property, streets, alleys and roadways within the District, except in Designated Parking Areas, is prohibited. Each area set forth in Exhibit B attached hereto is hereby declared a Tow Away Zone. In addition, any Vehicle, Vessel or Recreational Vehicle which is parked in a manner which prevents or inhibits the ability of emergency response vehicles to navigate streets and roadways within the District are hereby authorized to be towed.

SECTION 4. DELIVERY VEHICLES, SERVICE VEHICLES AND GOVERNMENTAL VEHICLES.
Delivery Vehicles and Service Vehicles may park on streets, alleys and roadways while actively engaged in the operation of such businesses. Vehicles owned and operated by any governmental unit may also park on District Property while carrying out official duties.

Any Vehicle parked on streets, alleys and roadways must do so in compliance with all laws, ordinances and codes.

SECTION 5. TOWING/REMOVAL PROCEDURES.

SIGNAGE AND LANGUAGE REQUIREMENTS. Notice of the Tow-Away Zones shall be approved by the District’s Board of Supervisors and shall be posted on District Property in the manner set forth in Section 715.07, Florida Statutes. Such signage is to be placed in conspicuous locations, in accordance with Section 715.07, Florida Statutes.

TOWING/REMOVAL AUTHORITY. To effectuate the towing/removal of a Vehicle, Commercial Vehicle, Vessel or Recreational Vehicle, the District Manager or his/her designee may enter into and maintain an agreement with a firm authorized by Florida law to tow/remove such vehicles for the removal of the unauthorized Vehicle, Commercial Vehicle, Vessel or Recreational Vehicle at the owner’s expense. The Vehicle, Commercial Vehicle, Vessel or Recreational Vehicle shall be towed/removed by the firm in accordance with Florida law, specifically the provisions set forth in section 715.07, Florida Statutes.

AGREEMENT WITH AUTHORIZED TOWING SERVICE. The District’s Board of Supervisors is hereby authorized to enter into and maintain an agreement with a firm authorized by Florida law to tow/remove unauthorized vehicles and in accordance with Florida law and with the policies set forth herein.

LAW ENFORCEMENT. The District hereby authorizes law enforcement personnel of Walton County, Florida, and other units of government to enforce the provisions of this rule, and to enforce any and all traffic and parking laws on the District streets and roadways. The District may enter into one or more traffic enforcement agreements in order to effect the provisions of this Section 6.D.

SECTION 6. SOVEREIGN IMMUNITY. Nothing herein shall constitute or be construed as a waiver of the District’s limitations on liability contained in Section 768.28, Florida Statutes, or other statutes or law.

EXHIBIT A – Tow Away Zones

Effective date: February     , 2021

EXHIBIT A – Tow Away Zones

1

NATUREWALK COMMUNITY DEVELOPMENT DISTRICT
RULES RELATING TO PARKING ENFORCEMENT

In accordance with Chapter 190, Florida Statutes, and on 	, 202_ at a duly  noticed public meeting, the Board of Supervisors of the NatureWalk Community Development District (“District”) adopted the following policy to govern parking and parking enforcement on certain District Property. This policy repeals and supersedes all prior rules and/or policies governing the same subject matter.

SECTION 1. INTRODUCTION. The District finds that parked Commercial Vehicles, Vehicles, Vessels and Recreational Vehicles (hereinafter defined) on streets, alleys and roadways overnight, and on certain District property cause hazards and danger to the health, safety and welfare of District residents and the public. This Policy prohibits overnight parking of Commercial Vehicles, Vehicles, Vessels and Recreational Vehicles on streets, alleys and roadways, and on certain property of the District, and provides the manner in which any such vehicles or vessels shall be towed/removed consistent with this Policy.

SECTION 2. DEFINITIONS.

Commercial Vehicle(s). Any mobile item which normally uses wheels, whether motorized or not, that (i) is titled, registered or leased to a company and not an individual person, or
(ii) is used for business purposes even if titled, registered or leased to an individual person.

Delivery Vehicles(s). Any Commercial Vehicle engaged in the delivery activities, including but not limited to U.S. Postal Service, U.P.S., Fed Ex, and moving company Vehicles.

Service Vehicles(s). Any Commercial Vehicle engaged in the provision of services, including but not limited to lawn maintenance and service/technician Vehicles.

Vehicle(s). Any mobile item which normally uses wheels, whether motorized or not. For purposes of this Policy, unless otherwise specified, any use of the term Vehicle(s) shall be interpreted so as to include Commercial Vehicle(s), Vessel(s), and Recreational Vehicle(s).

Vessel(s). Every description of watercraft, barge, or airboat used or capable of being used as a means of transportation on water.

Recreational Vehicle(s). A vehicle designed for recreational use, which includes golf carts, motor homes, campers and trailers relative to same.

Parked. A Vehicle, Vessel or Recreational Vehicle left unattended by its owner or
user.

Tow-Away Zone. District property in which parking is prohibited and in which  the District is authorized to initiate a towing and/or removal action.

Overnight. Between the hours of 11:00 p.m. and 6 a.m. C.T. daily.

SECTION 3. ESTABLISHMENT OF TOW-AWAY ZONES. Each area set forth in Exhibit A attached hereto is hereby declared a Tow Away Zone. In addition, any vehicle which is parked in a manner which prevents or inhibits the ability of emergency response vehicles to navigate streets and roadways within the District are hereby authorized to be towed.

SECTION 4. OVERNIGHT PARKING  PROHIBITED.  Overnight parking on all District streets and roadways as identified on Exhibit A shall be prohibited and subject to towing/removal.

SECTION 5. PARKING ON LANDSCAPED AND COMMON AREAS PROHIBITED. Parking on
landscaped areas and common areas identified on Exhibit A shall be prohibited and subject to towing/removal.

SECTION 6. DELIVERY VEHICLES, SERVICE VEHICLES AND GOVERNMENTAL VEHICLES. Delivery
Vehicles and Service Vehicles may park on streets, alleys and roadways while actively engaged in the operation of such businesses. Vehicles owned and operated by any governmental unit may also park on District Property while carrying out official duties. Any Vehicle  parked on streets, alleys  and roadways must do so in compliance with all laws, ordinances and codes.

SECTION 7. TOWING/REMOVAL PROCEDURES.

SIGNAGE AND LANGUAGE REQUIREMENTS. Notice of the Tow-Away Zones shall be approved by the District’s Board of Supervisors and shall be posted on District Property in the manner set forth in Section 715.07, Florida Statutes. Such signage is to be placed in conspicuous locations, in accordance with Section 715.07, Florida Statutes.

TOWING/REMOVAL AUTHORITY. To effectuate the towing/removal of a Vehicle, Commercial Vehicle, Vessel or Recreational Vehicle, the District Manager or his/her designee may enter into and maintain an agreement with a firm authorized by Florida law to tow/remove such vehicles for the removal of the unauthorized Vehicle, Commercial Vehicle, Vessel or Recreational Vehicle at the owner’s expense. The Vehicle, Commercial Vehicle, Vessel or Recreational Vehicle shall be towed/removed by the firm in accordance with Florida law, specifically the provisions set forth in section 715.07, Florida Statutes.

AGREEMENT WITH AUTHORIZED TOWING SERVICE. The District’s Board of Supervisors is hereby authorized to enter into and maintain an agreement with a firm authorized by Florida law to tow/remove unauthorized vehicles and in accordance with Florida law and with the policies set forth herein.

LAW ENFORCEMENT. The District hereby authorizes law enforcement personnel of Walton County, Florida, and other units of government to enforce the provisions of this rule, and to enforce any and all traffic and parking laws on the District streets and roadways. The District may enter into one or more traffic enforcement agreements in order to effect the provisions of this Section 6.D.

SECTION 8. SOVEREIGN IMMUNITY. Nothing herein shall constitute or be construed as a waiver of the District’s limitations on liability contained in Section 768.28, Florida Statutes, or other statutes or law.

EXHIBIT A – Tow Away Zones

Effective date: February     , 2021

EXHIBIT A – Tow Away Zones

1

NATUREWALK COMMUNITY DEVELOPMENT DISTRICT
RULES RELATING TO PARKING ENFORCEMENT

In accordance with Chapter 190, Florida Statutes, and on 	, 202_ at a duly  noticed public meeting, the Board of Supervisors of the NatureWalk Community Development District (“District”) adopted the following policy to govern parking and parking enforcement on certain District Property. This policy repeals and supersedes all prior rules and/or policies governing the same subject matter.

SECTION 1. INTRODUCTION. The District finds that parked Vehicles, Commercial Vehicles, Vessels and Recreational Vehicles (hereinafter defined) on certain of its property, streets, alleys and roadways overnight cause hazards and danger to the health, safety and welfare of District residents and the public. This Policy prohibits overnight parking of Vehicles, Commercial Vehicles, Vessels and Recreational Vehicles on property, streets, alleys and roadways within in certain areas of the District, except in Designated Parking Areas, and provides the manner in which any such Vehicles or Vessels shall be towed/removed consistent with this Policy.

SECTION 2. DEFINITIONS.

Commercial Vehicle(s). Any mobile item which normally uses wheels, whether motorized or not, that (i) is titled, registered or leased to a company and not an individual person, or
(ii) is used for business purposes even if titled, registered or leased to an individual person.

Delivery Vehicles(s). Any Commercial Vehicle engaged in the delivery activities, including but not limited to U.S. Postal Service, U.P.S., Fed Ex, and moving company Vehicles.

Service Vehicles(s). Any Commercial Vehicle engaged in the provision of services, including but not limited to lawn maintenance and service/technician Vehicles.

B.D.	Vehicle(s). Any mobile item which normally uses wheels, whether motorized or not. For purposes of this Policy, unless otherwise specified, any use of the term Vehicle(s) shall be interpreted so as to include Commercial Vehicle(s), Vessel(s), and Recreational Vehiclessel(s).

C.E.	Vessel(s). Every description of watercraft, barge, or airboat used or capable of being used as a means of transportation on water.

D.F.	Recreational Vehicle(s). A vehicle designed for recreational use, which includes golf carts, motor homes, campers and trailers relative to same.

E.G.	Parked. A Vehicle, Vessel or Recreational Vehicle left unattended by its owner or
user.

H.	Tow-Away Zone. District property in which parking is prohibited and in which  the District is authorized to initiate a towing and/or removal action.

F.I.	Designated Parking Areas. Areas identified on Exhibit A where parking is permitted.

 	Holidays. Shall mean the following dates, as recognized by the United States Federal Government, July 4, December 25, December 31, the last Monday in May (Memorial Day), the first Monday in September (Labor Day), and Easter Sunday.

SECTION 3. ESTABLISHMENT OF TOW-AWAY ZONES. The Parking of Vehicles, Vessels and Recreational Vehicles on property, streets, alleys and roadways within the District, except in Designated Parking Areas, is prohibited. Each area set forth in Exhibit BA attached hereto is hereby declared a Tow Away Zone. In addition, any Vvehicle, Vessel or Recreational Vehicle which is parked in a manner which prevents or inhibits the ability of emergency response vehicles to navigate streets and roadways within the District are hereby authorized to be towed.

 	SECTION 4. OVERNIGHT PARKING  PROHIBITED.  Overnight parking on all District streets and roadways as identified on Exhibit A shall be prohibited and subject to towing/removal.

SECTION 45. DELIVERY VEHICLES, SERVICE VEHICLES AND GOVERNMENTAL VEHICLES.
Delivery Vehicles, including but not limited to, U.P.S., Fed Ex, moving company Vehicles, and Service Vehicles lawn maintenance vendors may park on streets, alleys and roadways District Property while actively engaged in the operation of such businesses. Vehicles owned and operated  by any governmental unit may also park on District Property while carrying out official duties.

Any Vehicle parked on streets, alleys and roadwaysDistrict Property, including District streets and roadways, must do so in compliance with all laws, ordinances and codes.

SECTION 56. TOWING/REMOVAL PROCEDURES.

SIGNAGE AND LANGUAGE REQUIREMENTS. Notice of the Tow-Away Zones shall be approved by the District’s Board of Supervisors and shall be posted on District Property in the manner set forth in Section 715.07, Florida Statutes. Such signage is to be placed in conspicuous locations, in accordance with Section 715.07, Florida Statutes.

TOWING/REMOVAL AUTHORITY. [OPTION 1: To effect towing/removal of a Commercial Vehicle, Vehicle, Vessel or Recreational Vehicle, the District Manager or his/her designee must verify that the subject Commercial Vehicle, Vehicle, Vessel or Recreational Vehicle was not authorized to park under this rule in the Tow-Away Zone, and then must contact a firm authorized by Florida law to tow/remove Commercial Vehicle, Vehicles, Vessels and Recreational Vehicles for the removal of such unauthorized vehicle at the owner’s expense. The Commercial Vehicle, Vehicle, Vessel or Recreational Vehicle shall be towed/removed by the firm in accordance with Florida law, specifically the provisions set forth in Section 715.07, Florida Statutes. Notwithstanding the foregoing, a towing service retained by the District may tow/remove any vehicle parked in the Tow-Away Zone.]
C.	
D.B. [OPTION 2: To effectuate the towing/removal of a Vehicle, Commercial Vehicle, Vessel or Recreational Vehicle, the District Manager or his/her designee may enter into and maintain an agreement with a firm authorized by Florida law to tow/remove such vehicles for the removal of

the unauthorized Vehicle, Commercial Vehicle, Vessel or Recreational Vehicle at the owner’s expense. The Vehicle, Commercial Vehicle, Vessel or Recreational Vehicle shall be towed/removed by the firm in accordance with Florida law, specifically the provisions set forth in section 715.07, Florida Statutes.]

E.C.	AGREEMENT WITH AUTHORIZED TOWING SERVICE. The District’s Board of
Supervisors is hereby authorized to enter into and maintain an agreement with a firm authorized by Florida law to tow/remove unauthorized vehicles and in accordance with Florida law and with the policies set forth herein.

F.D. LAW ENFORCEMENT. The District hereby authorizes law enforcement personnel of Walton County, Florida, and other units of government to enforce the provisions of this rule, and to enforce any and all traffic and parking laws on the District streets and roadways. The District may enter into one or more traffic enforcement agreements in order to effect the provisions of this Section 6.D.

G. HOLIDAYS. Notwithstanding anything to the contrary herein, no vehicles shall be towed/removed from the areas identified on Exhibit A during Holidays unless parked in a manner which prevents or inhibits the ability of emergency response vehicles to navigate streets and roadways within the District.

SECTION 67. SOVEREIGN IMMUNITY. Nothing herein shall constitute or be construed as a waiver of the District’s limitations on liability contained in Section 768.28, Florida Statutes, or other statutes or law.

EXHIBIT A – Tow Away Zones

Effective date: February     , 2021

EXHIBIT A – Tow Away Zones

1

NATUREWALK COMMUNITY DEVELOPMENT DISTRICT
RULES RELATING TO PARKING ENFORCEMENT

In accordance with Chapter 190, Florida Statutes, and on 	, 202_ at a duly  noticed public meeting, the Board of Supervisors of the NatureWalk Community Development District (“District”) adopted the following policy to govern parking and parking enforcement on certain District Property. This policy repeals and supersedes all prior rules and/or policies governing the same subject matter.

SECTION 1. INTRODUCTION. The District finds that parked Commercial Vehicles, Vehicles, Vessels and Recreational Vehicles (hereinafter defined) on certain of its property, streets, alleys and roadways overnight, and on certain District property cause hazards and danger to the health, safety and welfare of District residents and the public. This Policy prohibits overnight parking of Commercial Vehicles, Vehicles, Vessels and Recreational Vehicles on streets, alleys and roadways, and on in certain propertyareas of the District, and provides the manner in which any such vehicles or vessels shall be towed/removed consistent with this Policy.

SECTION 2. DEFINITIONS.

Commercial Vehicle(s). Any mobile item which normally uses wheels, whether motorized or not, that (i) is titled, registered or leased to a company and not an individual person, or
(ii) is used for business purposes even if titled, registered or leased to an individual person.

Delivery Vehicles(s). Any Commercial Vehicle engaged in the delivery activities, including but not limited to U.S. Postal Service, U.P.S., Fed Ex, and moving company Vehicles.

Service Vehicles(s). Any Commercial Vehicle engaged in the provision of services, including but not limited to lawn maintenance and service/technician Vehicles.

B.D.	Vehicle(s). Any mobile item which normally uses wheels, whether motorized or not. For purposes of this Policy, unless otherwise specified, any use of the term Vehicle(s) shall be interpreted so as to include Commercial Vehicle(s), Vessel(s), and Recreational Vehiclessel(s).

C.E.	Vessel(s). Every description of watercraft, barge, or airboat used or capable of being used as a means of transportation on water.

D.F.	Recreational Vehicle(s). A vehicle designed for recreational use, which includes gold crats, motor homes, campers and trailers relative to same.

E.G.	Parked. A Vehicle, Vessel or Recreational Vehicle left unattended by its owner or
user.

F.H.	Tow-Away Zone. District property in which parking is prohibited and in which  the District is authorized to initiate a towing and/or removal action.

G.I.	Overnight. Between the hours of 11:00 p.m. and 6 a.m. C.T. daily.

 	Holidays. Shall mean the following dates, as recognized by the United States Federal Government, July 4, December 25, December 31, the last Monday in May (Memorial Day), the first Monday in September (Labor Day), and Easter Sunday.

SECTION 3. ESTABLISHMENT OF TOW-AWAY ZONES. Each area set forth in Exhibit A attached hereto is hereby declared a Tow Away Zone. In addition, any vehicle which is parked in a manner which prevents or inhibits the ability of emergency response vehicles to navigate streets and roadways within the District are hereby authorized to be towed.

SECTION 4. OVERNIGHT PARKING  PROHIBITED.  Overnight parking on all District streets and roadways as identified on Exhibit A shall be prohibited and subject to towing/removal.

SECTION 5. PARKING ON LANDSCAPED AND COMMON AREAS PROHIBITED. Parking on
landscaped areas and common areas identified on Exhibit A shall be prohibited and subject to towing/removal.

SECTION 6. DELIVERY VEHICLES, SERVICE VEHICLES AND GOVERNMENTAL VEHICLES.
Delivery Vehicles and Service Vehicles, including but not limited to, U.P.S., Fed Ex, moving company Vehicles, and lawn maintenance vendors may park on streets, alleys and roadways District Property while actively engaged in the operation of such businesses. Vehicles owned and operated  by any governmental unit may also park on District Property while carrying out official duties.

Any Vehicle parked on streets, alleys and roadwaysDistrict Property, including District streets and roadways, must do so in compliance with all laws, ordinances and codes.

SECTION 76. TOWING/REMOVAL PROCEDURES.

SIGNAGE AND LANGUAGE REQUIREMENTS. Notice of the Tow-Away Zones shall be approved by the District’s Board of Supervisors and shall be posted on District Property in the manner set forth in Section 715.07, Florida Statutes. Such signage is to be placed in conspicuous locations, in accordance with Section 715.07, Florida Statutes.

TOWING/REMOVAL AUTHORITY. [OPTION 1: To effect towing/removal of a Commercial Vehicle, Vehicle, Vessel or Recreational Vehicle, the District Manager or his/her designee must verify that the subject Commercial Vehicle, Vehicle, Vessel or Recreational Vehicle was not authorized to park under this rule in the Tow-Away Zone, and then must contact a firm authorized by Florida law to tow/remove Commercial Vehicle, Vehicles, Vessels and Recreational Vehicles for the removal of such unauthorized vehicle at the owner’s expense. The Commercial Vehicle, Vehicle, Vessel or Recreational Vehicle shall be towed/removed by the firm in accordance with Florida law, specifically the provisions set forth in Section 715.07, Florida Statutes. Notwithstanding the foregoing, a towing service retained by the District may tow/remove any vehicle parked in the Tow-Away Zone.]
C.	
D.B. [OPTION 2: To effectuate the towing/removal of a Vehicle, Commercial Vehicle, Vessel or Recreational Vehicle, the District Manager or his/her designee may enter into and maintain

an agreement with a firm authorized by Florida law to tow/remove such vehicles for the removal of the unauthorized Vehicle, Commercial Vehicle, Vessel or Recreational Vehicle at the owner’s expense. The Vehicle, Commercial Vehicle, Vessel or Recreational Vehicle shall be towed/removed by the firm in accordance with Florida law, specifically the provisions set forth in section 715.07, Florida Statutes.]

E.C.	AGREEMENT WITH AUTHORIZED TOWING SERVICE. The District’s Board of
Supervisors is hereby authorized to enter into and maintain an agreement with a firm authorized by Florida law to tow/remove unauthorized vehicles and in accordance with Florida law and with the policies set forth herein.

F.D. LAW ENFORCEMENT. The District hereby authorizes law enforcement personnel of Walton County, Florida, and other units of government to enforce the provisions of this rule, and to enforce any and all traffic and parking laws on the District streets and roadways. The District may enter into one or more traffic enforcement agreements in order to effect the provisions of this Section 6.D.

G. HOLIDAYS. Notwithstanding anything to the contrary herein, no vehicles shall be towed/removed from the areas identified on Exhibit A during Holidays unless parked in a manner which prevents or inhibits the ability of emergency response vehicles to navigate streets and roadways within the District.

SECTION 87. SOVEREIGN IMMUNITY. Nothing herein shall constitute or be construed as a waiver of the District’s limitations on liability contained in Section 768.28, Florida Statutes, or other statutes or law.

EXHIBIT A – Tow Away Zones

Effective date: February     , 2021

EXHIBIT A – Tow Away Zones

1

Tab 7

From:
Cody Harden, P.E.
Atlas Engineering and Consulting (850) 708-5964
cody@atlasengineeringfl.com

Bill To:	NatureWalk Community Development District c/o Rizzetta & Company	
	komera@rizzetta.com	
Project:	Nature Walk - Kim O'Mera	
Type	Structural Assessment	
Date	TBD	
Time	TBD	
Location	TBD	

NATUREWALK - ASSESSMENT PROPOSAL	
Version 1						

PROPOSAL

Structural Assessment - Vehicular Bridges Structural Assessment - Pedestrian Boardwalks
Atlas Engineering and Consulting is pleased to present you with a proposal for the inspection and structural assessment of the vehicular bridges and pedestrian boardwalks located at NatureWalk at Seagrove, 780 Sandgrass Boulevard, Santa Rosa Beach, FL 32459.	

QTY	

UNIT	

PRICE	

TAX	

TOTAL	
			$3,000.00		$3,000.00	
			$1,250.00		$1,250.00	
Deliverables include:						
1) Site visit to conduct a limited visual examination of structural elements and systems.						
2) Structural inspection report detailing findings and repairs recommendations, as required.						
Note: The inspection will be performed in compliance with ASCE 11-99 and standard engineering practices. The scope of the inspection is limited to the items listed within the report.

Subtotal:					

$4,250.00	
Total Amount:					$4,250.00	

PAYMENT PLAN

1. $1,062.50	Nov 19, 2020	#156216-000077	UNPAID	

2. $3,187.50	
Nov 19, 2021	
#156216-000078	
UNPAID	

Total Amount:	$4,250.00

CONTRACT

Client Service Agreement
Entered into on Nov 19, 2020.

Parties:

Known as "VENDOR"

 Atlas Engineering and Consulting

 cody@atlasengineeringfl.com (850) 708-5964

and

Known as "CLIENT"

 NatureWalk Community Development District co Rizzetta & Company

 komera@rizzetta.com

120 Richard Jackson Blvd, Panama City Beach, FL, USA (850) 629-0153

Collectively, all of the above people or businesses entering this Agreement will be referred to as the "Parties."

 Purpose
CLIENT engages VENDOR to conduct a LIMITED VISUAL EXAMINATION and provide a preliminary structural inspection report. The purpose of the inspection is to inform the CLIENT of visually observable structural defects of the structures and its readily accessible systems and components, subject to the LIMITATION OF LIABILITY contained herein. The inspection and report are performed and prepared for the CLIENT’S sole, confidential and exclusive use and possession. CLIENT agrees that CLIENT is bound by the terms of this Agreement. THIS IS NOT A WARRANTY, GUARANTEE, INSURANCE POLICY OR SUBSTITUTE FOR REAL ESTATE TRANSFER DISCLOSURES.

 Terms
 Work beyond the Scope of Work:

Work which is not included in the above Scope of Work will be charged at the following standard hourly rates, along with other miscellaneous charges:

Senior Structural/ Principal	$ 175/hr.

Structural Designer	$ 120/hr.

 Terms:

25% retainer fee payment in order to commence work on your project. 75% final payment upon delivery of your completed design drawings.
Scheduling of projects does not take place until we receive your signed authorization and the above noted retainer fee. Payment of all fees shall be condition precedent to the use of information prepared by us, and such payment shall not be contingent on the work proceeding.

We look forward to being of service to you on this project. Please call should you have any questions.

Delivery of Services
Delivery of Services. Per clients preference and/or municipality requirements, final design documents will be delivered electronically or physical copies will be delivered to client in person.

Cost, Fees and Payment
Cost. The total cost ("Total Cost") for all Services is4,250.00due in full byProject Date (TBD). Client shall pay the Total Cost to Vendor as follows:

The first payment is a non-refundable retainer. At a minimum, Client agrees that the retainer fee fairly compensates Vendor for committing to provide the Services and turning down other potential projects/clients.

Intellectual Property
Copyright Ownership. In the event that any copyrighted work(s) are created as a result of the Services provided by Vendor in accordance with this Agreement, Vendor owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Vendor and may be used in the reasonable course of business.

General Provisions
Governing Law. The laws of Florida govern all matters arising out of or relating to this Agreement, including torts.
Severability. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.

Notice. Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent:

Email
Vendor's Email:cody@atlasengineeringfl.com

Client Email:komera@rizzetta.com

Merger. This Agreement constitutes the final, exclusive agreement between the parties relating to the Structural Assessmentcontained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.

Amendment. The parties may amend this Agreement only by the parties’ written consent via proper Notice.

 Arbitration

Any dispute concerning the interpretation of this agreement or arising from this inspection and report, except one for inspection fee payment, shall be resolved informally between the parties or by arbitration conducted in accordance with the rules of the American Arbitration Association except that the parties shall select an arbitrator who is familiar with the engineering inspection industry. The arbitrator shall conduct summary judgment motions and enforce full discovery rights as a court would as provided in civil proceeding by legal code.

 Litigation

The parties agree that any litigation arising out of this Agreement shall be filed only in the Court having jurisdiction in the County in which the VENDOR has its principal place of business. If VENDOR is the substantially prevailing party in any such litigation, the CLIENT shall pay all legal costs, expenses and attorney's fees of the VENDOR in defending said claims. CLIENT shall have no cause of action
against VENDOR after one year from the date of the inspection.

 Severability

CLIENT and VENDOR agree that should a Court of Competent Jurisdiction determine and declare that any portion of this Agreement void, voidable or unenforceable, the remaining provisions and portions shall remain in full force and effect.

 Disputes

CLIENT understands and agrees that any claim for failure to accurately report the visually discernible conditions at the Subject Property, as limited herein above, shall be made in writing and reported to the VENDOR within ten business days of discovery. CLIENT further agrees that, with the exception of emergency conditions, CLIENT or CLIENT'S agents, employees or independent contractors, will make no alterations, modifications or repairs to the claimed discrepancy prior to a reinspection by the VENDOR. CLIENT understands and agrees that any failure to notify the VENDOR as stated above shall constitute a waiver of any and all claims for said failure to accurately report the condition in question.

 Limitation of Liability

In the event that the VENDOR is found to be liable to CLIENT for any errors or omissions related to this inspection report or this Agreement, from any other cause or causes of action including, but not limited to, negligence, breach of contract, breach of warranty, violations of the Missouri Consumer Protection Act, or any other common law theory or statutory violation or claim alleged, then the liability of the VENDOR is limited to liquidated damages in an amount equal to (2) times the inspection fee paid by CLIENT, and this liability shall be exclusive. CLIENT waives any claim for consequential, exemplary, special or incidental damages or for the loss of the use of the home/building even if the CLIENT has been advised of the possibility of such damages. The parties acknowledge that the liquidated damages are not intended as a penalty but are intended (i) to reflect the fact that actual damages may be difficult and impractical to ascertain; (ii) to allocate risk among
the VENDOR and CLIENT; and (iii) to enable the VENDOR to perform the inspection at the stated fee.

Cody Harden, P.E.	TBD

NatureWalk Community Development District c/o Rizzetta & Company
TBD

cody@atlasengineeringfl.com | https://www.atlasengineeringfl.com | (850) 708-5964 |

MULTI FAMILY AREA A

MULTI FAMILY AREA D

MULTI FAMILY AREA B
1.19 ACRE NET         

MULTI FAMILY AREA C

2.19 ACRE NET	1.75 ACRE NET

182
V

183

V

NATURAL AREA PRESERVE

NATURAL AREA PRESERVE

gr s

as boulev

NATURAL AREA PRESERVE

iris trace

LEGEND
LOT	TYPE	QUANTITY
VILLAGE LOT	67

MANOR LOT

cin

COTTAGE LOT66	76

MULTI FAMILY AREA G

MULTI FAMILY

PRESERVE LOT	69
TOTAL	278
TOTAL  MF	226

0.88 ACRE NET

A

B

AREA E
1.58 ACRE NET	NATURAL AREA
PRESERVE

Bridge 4

Bridge 1 not shown
on this map

Bridge 2

Bridge 3

Not complete

Boardwalks

Boardwalks not complete

NATURAL AREA
T	PRESERVE

C

NATURAL AREA PRESERVE

MULTI FAMILY AREA F
1.66 ACRE NET

December 7, 2020
Kim O’Mera LCAM/District Manager Rizzetta & Company
120 Richard Jackson Blvd. Ste. 220 Panama City Beach, FL 32407

RE:	Nature Walk Bridge and Boardwalk Inspection and Evaluation

Dear Kim:
Pursuant to your request please find below description and pricing for the inspection of the elevated wood bridges and boardwalks at Nature Walk.
There are approximately 1,450 linear feet/ 54,800 surface square feet of elevated wood roadway bridges; and approximately 1,700 linear feet of elevated wood pedestrian walkways in the development. Inspections of each will consist of:
Visual inspection of driving/walking surface, handrails, guardrails, decking, decorative elements, any items attached to the bridges.
Visual inspection of structural components, pilings, girders, framing, bolted connections.
Photo documentation of condition and any damages. Any critical damaged areas will be marked on site and referenced for repairs.
Conditional assessment of all items, detailed reporting of condition and location of damages if any are found.
A detailed list of repairs including means and methods, recommended improvements (if any), and general maintenance recommendations for the future.
Inspection and reporting for bridges only = $6100 Inspection and reporting for walkways only = $3200
Inspection and reporting of both bridges and walkways = $8100
Please let me know as soon as possible of you would like to contract with CES to perform this work. Due to the access and ground conditions beneath these structures, it would be beneficial to perform these inspections during the coldest winter months. The groundwater levels should be lowest, and bugs and animals will also be less active. Please feel free to contact me any time with questions. Thank you!

Sincerely,

Approved by:

Ryan A. Cleveland, PE To God Be the Glory!

Date

Ryan A. Cleveland, P.E., P.A.
423 East Bayou Forest Drive - Freeport, FL 32439 - ryancleveland@yahoo.com - c850.200.3399

Tab 8

DESCRIPTION:
LOT 11, NATUREWALK AT SEAGROVE REPLAT, AS RECORDED IN PLAT BOOK 18, PAGES 8-8Q OF THE PUBLIC RECORDS OF WALTON COUNTY, FLORIDA.

BOUNDARY	SURVEY

LEGEND:

I

No.	=	NUMBER	
#	=	NUMBER	
L.B.	=	LICENSED BUSINESS	
L.S.	=	LICENSED SURVEYOR	
F.F.E.	=	FINISHED FLOOR ELEVATION	
±	=	MORE OR LESS	
(F)	=	FIELD MEASUREMENT	
(P)	=	PLAT DATA	
(C)	=	CALCULATED DATA	
R/W	=	RIGHT OF WAY	
(TYP.)	=	TYPICAL	
B.S.L.	=	BUILDING SETBACK LINE	
-'\,-	=	DISTANCE NOT TO SCALE	
NAVD 88	=	NORTH AMERICAN VERTICAL DATUM 1988	
ELEV.	=	ELEVATION	
8	=	FOUND 1/2" CAPPED IRON ROD L.B.	#3724	
@ lOO [XI
tf'	=
=
=
=	FOUND NAIL AND DISK L.B. #3724 TELEVISION BOX
WATER METER
SEWER CLEAN OUT		
[[I	=	ELECTRIC BOX		
@	=	SEWER MANHOLE		

I

V
\
TEMPORARY BENCHMARK

ltTOP OF SANl:ARY MANHOLE ELEV.= 35.75

{	3' WIDE

' s'===

0.7' WIDE BLOCK WALL IS ON PROPERTY LINE

COMMON AREA	\.

(	t	CONCRETE WALK

OPEN AREA

 	S 88"29'24" E - 108.59'

\	/	/
//

□ = ASPHALT

COVERED WOOD PORCH

AIR CONDITIONING PAD WITH 3' HIGH WOOD FENCE

LOT 11
2-STORY HARDI-PLANK SIDED
RESIDENCE F.F.E.= 39.19'

COVERED WOOD PORCH

= CONCRETE

11/ZJ= WOOD

CERTIFICATIONS:
JOHN R. LEAHY AND LESLEY C. LEAHY, AS TRUSTEES OF THE LEAHY REVOCABLE LIVING TRUST DATES MARCH 25, 2009
K mLE COMPANY, LLC
CHICAGO mLE INSURANCE COMPANY

BRICK DRIVE	N 88"29'24"  w -  123 31' \	A	,	/
AND WALKWAY	•	/	/
.--------	--:;,,.<-..---:-----:----;-'''-----,4/ 1

SURVEY REPORT:
BEARINGS SHOWN HEREON ARE REFERENCED TO THE WEST LINE OF LOT 11, NATUREWALK AT SEAGROVE REPLAT AS BEING N 01"30'36" E (PER PLAT)
THIS PARCEL IS LOCATED IN FLOOD ZONE X, NO MINIMUM FLOOR ELEVATION

7S8	7S8 -	---7S8	----     7	I        /

.26'/

--.	7S8 ----- l -- ----\	.	.	25/	·-
N  aa·29'24• W-	22.50'	£	\	/	25.0' PFESERVATION	.

\

\	/_	/EASEMENT
/
ai
§	25' PRESERVATION	/

REQUIRED AND FLOOD ZONE A, 33.0' BASE FLOOD ELEVATION AND 34.0' MINIMUM FLOOR ELEVATION COMMUNITY ESTABLISHED, AS DETERMINED BY SCALE FROM F.E.M.A. MAP NUMBER 12131C0703 G, PANEL 703 OF 738, DATED SEPTEMBER  29,  2010, WALTON COUNTY, FLORIDA.

NO ENVIRONMENTAL JURISDICTION LINES HAVE BEEN DETERMINED BY EMERALD COAST ASSOCIATES, INC.
THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A CURRENT ABSTRACT OF

-0
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-rh
!=
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&

m

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rn
iii

1

-"

GRAPHIC	SCALE

:	\I

w
(/)
r

5' UTILITY EASEMENT

' WIDE CONCRETE CURB (TYP)

LOT 12

EASEMENT
\
\
\
\
\
\

I
j/
I
/

/	5.

/	/

6.
7.
8.

9.

10.

11.

TITLE OR TITLE INSURANCE POLICY. NO SEARCH OF THE PUBLIC RECORDS WAS PERFORMED BY EMERALD COAST ASSOCIATES INC. NO CERTIFICATION IS GIVEN THAT EASEMENTS, UNDERGROUND ENCROACHMENTS OR OTHER MATTERS OF RECORD DO NOT EXIST.

THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT SHOWN ON THIS SURVEY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF WALTON COUNTY, FLORIDA.

APPARENT USES ARE AS SHOWN.
NO STRUCTURAL FOUNDATIONS BELOW THE SURFACE OF THE GROUND WERE LOCATED.
GRAPHIC SYMBOLISM OF CORNER MONUMENTATION, UTILITIES, SIGNS, ETCETERA, ARE EXAGGERATED FOR CLARITY AND ARE NOT TO SCALE. THE CENTER POINT OF WHICH IS ACCURATELY PLOTTED TO SCALE AND/OR DIMENSIONED THERETO.
NO UNDERGROUND UTILITIES OR UTILITY LINES WERE LOCATED.
ELEVATIONS SHOWN HEREON ARE BASED ON NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88).
BUILDING TIES SHOWN HEREON ARE TO EXISTING WOOD FOUNDATION.

i 	0-	-5

- 10	20

i ::,

■■■■■■■-
SANDGRASS BOULEVARD	...,	( IN FEET )
(PRIVATE RIGHT OF WAY VARIES)	1 inch = 10 ft.

_  _	FINAL SURVEY _ WJL  	

ii:	DATE	REVISION	BY

1--------------------...------------,---------,.-----------"i""'------------------------------1 	1

12 2 13
www.eca-    .com	SCALE:  1 "=  10'	DWG  DATE	12  2   13	BOUNDARY	SURVEY	ON LOT 11	NATUREWALK	THE SURVEY SHOWN HEREON, PREPARED IN ACCORDANCE WITH SECTION 472.021 FLORIDA STATUTES

AT SEAGROVE	REPLAT LOCATED	IN

r--	179 COUNTY HIGHWAY 393 SOUTH	•	:	-	-	AND  CHAPTER	SJ-17.051 AND SJ-17.052, FLORIDA ADMINISTRATIVE CODE, MINIMUM TECHNICAL

;:		SANTA ROSA BEACH, FLORIDA 32459								STANDARDS, IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND IS NOT VALID WITHOUT THE PH:(850)267-0473,FAX:(850)267-0979	DRAWN  BY:   WJL	FIELD  DATE:   12 2-13	SECTION	11p	TOWNSHIP  3	SOUTH,	RANGE	SIGNATURE  AND  THE  ORIGINAL  RAISED  SEAL  OF A   FLORIDA  LICENSED   SURVEYOR   AND  MAPPER.
Emerald Coast Associates Inc.	PROJECT:  1 3-   1 62	Flf   s.B	=73-76 (DR)	 	19  WEST,  WALTON  COUNTY, FLORIDA	

.:.-;	Land Planning • Engineering • Surveying

ORDER:    13-1176	1981  •  PAGES  7-4

75           (DR)	FOR: JOHN R. LEAHY AND LESLEY C. LEAHY

""""'""""'......,,"""""""""""""""..,..,,.""""""""""'"""""""""""""°"'=F-I =L"E": '"l"'-..,_....

Since 1979	BY: KOLTER  SIGNATURE HOMES, LLC	DANIEL G. ROSS	FLORIDA LICENSED SURVEYOR & MAPPER #5856

....,,,_,,,_,,,.,.,.."""""'""""'"""""''""""'"""""'.....,.""""""""""'""'"""""""""' """"""""'"""""

3   1 62  .F..I,N"d"'".g'""w""""......,"""""'-	""""'"""""""""""'"""""',,.,,..,,"""""'""""'.......""""' """"""""""'""""'"""""'""'"""'-""""""--=··=· """"'=   =    =    """""'·="·"=··-•-•=· = -=····=•·"··"· ' =-·---===----,...,,--= ='-;J0ER   D  COAST.ASSOCIATES, INC, t    -   .!!_,.#3.:.7.;...2.=4-:._.._	=	=	=	,,_.,_..=	""'-"""""""""'""""""""'"""'

Tab 9

Arbitrage Rebate Computation Proposal For
NatureWalk Community Development District
(Walton County, Florida)
Capital Improvement Revenue Bonds
$8,295,000 Series 2007A & $11,705,000 Series 2007B

December 3, 2020

NatureWalk Community Development District c/o Ms. Shandra Torres
Rizzetta & Company
12750 Citrus Park Lane, Suite 115
Tampa, FL 33625

Re:		Arbitrage Rebate Computation Proposal for the NatureWalk Community Development District (Walton County, Florida), Capital Improvement Revenue Bonds, $8,295,000 Series 2007A & $11,705,000 Series 2007B

To Whom It May Concern:

Thank you for having Rizzetta contact our office and request this Proposal for the above-referenced NatureWalk Community Development District (the “District”) bond issue (the “Bonds”). AMTEC is an independent consulting firm that specializes in arbitrage rebate calculations. We have the ability to complete rebate computations for the above-referenced Bonds. We do not sell investments or seek an underwriting role. As a result of our specialization, we offer very competitive pricing for rebate computations. Our typical fee averages less than $1,000 per year, per issue and includes up to five years of annual rebate liability reporting.

Firm History
AMTEC was incorporated in 1990 and maintains a prominent client base of community development districts, colleges and universities, school districts, hospitals, cities, state agencies and small-town bond issuers throughout the United States. We currently compute rebate for more than 5,900 bond issues and have delivered thousands of rebate reports. The IRS has never challenged our findings.

Southeast Client Base
We provide arbitrage rebate services to over 350 bond issues aggregating more than $9.1 billion of tax- exempt debt in the southeastern United States. In Florida, we are exclusive rebate consultant to the City of Palm Beach and the County of St. Lucie, in addition to working on nearly 100 separate CDD bond issuances throughout the State. Nationally, we are rebate consultants for the City of Tulsa (OK), the City of Corpus Christi (TX) and the States of Connecticut, New Jersey, Montana, Mississippi, Alaska and West Virginia.

We have prepared a Proposal for the computation of arbitrage for the Bonds. We have established a "bond year end" of February 28th, based on the bond year-end elected in the bond documentation.

Proposal
We are proposing rebate computation services based on the following:
Capital Improvement Revenue Bonds, $8,295,000 Series 2007A & $11,705,000 Series 2007B
Fixed Rate Bonds
Acquisition & Construction, Reserve, Cost of Issuance, Prepayment, Capitalized Interest, Sinking, and Debt Service Accounts
Should the Tax Agreement require rebate computations for any other accounts, computations will be extended to include those accounts at no additional cost to the District.
Our guaranteed fee for rebate computations for the Bonds is $450 per year and will encompass all activity from February 28, 2018, the date of our most recent report, through February 28, 2023. The fee is based upon the size as well as the complexity. Our fee is payable upon your acceptance of our rebate reports, which will be delivered shortly after the report dates specified in the following table.
AMTEC's Professional Fee

Report Date	Type of Report	Period Covered	Fee	
February 28, 2021	Rebate and Opinion	Closing – February 28, 2021	$ 450	
February 28, 2022	Rebate and Opinion	Closing – February 28, 2022	$ 450	
February 28, 2023	Rebate and Opinion	Closing – February 28, 2023 *	$ 450	
February 28, 2024	Rebate and Opinion	Closing – February 28, 2024	$ 450	
February 28, 2025	Rebate and Opinion	Closing – February 28, 2025	$ 450	
IRS required reporting date.

The documentation required for the production of the Rebate Reports is as follows:

Bank statements, for all funds and accounts, for the period beginning on the date of our last report through each report date listed above.

AMTEC's Scope of Services
Our standard engagement includes the following services:
Review of all bond documents and account statements for possible rebate exceptions;
Computation of the rebate liability and/or the yield restricted amount, in accordance with Section 148 of the Internal Revenue Code, commencing with the date of the closing through each report date;
Independent calculation of the yield on the Bonds to ensure the correct basis for any rebate liability. This effort provides the basis for our unqualified opinion;
Reconciliation of the sources and uses of funds from the bond documentation;
Calculation and analysis of the yield on all investments, subject to the Regulations, for each computation period;
Production of rebate reports, indicating the above stated information, and the issuance of the AMTEC Opinion;

3

Recommendations for proactive rebate management;
Commingled funds, transferred proceeds and yield restriction analyses, if necessary;
Preparation of IRS Form 8038-T and any accompanying documentation, should a rebate payment be required;
We will discuss the results of our Reports with you, your auditors, and our continued support in the event of an IRS inquiry; and
We guarantee the completeness and accuracy of our work.

Thank you for considering AMTEC for this assignment and should you have any questions, please do not hesitate to contact us.

NatureWalk Community Development District	Consultant: American Municipal Tax-Exempt
Compliance Corporation
 	
By:	By:	Michael J. Scarfo
Senior Vice President

4

December 8, 2020

Board Supervisors
NatureWalk Community Development District

Re: Applicability of Sunshine Law and Public Records Law to Social Media and Internet Dear Board Supervisors,
This is a reminder regarding the interaction between Florida’s Sunshine and Public Records Laws and social media websites like Facebook and other online forums. Both laws apply to social media, and there are several best practices that you may want to consider when using social media to communicate with constituents.

Florida’s Government in the Sunshine Law

Generally speaking, the Sunshine Law applies to all formal or informal gatherings of two or more Board Supervisors to discuss matters that may foreseeably come before the Board for official action. Section 286.011, Florida Statutes, contains three requirements for such meetings: (1) the meetings must be open to the public; (2) the meetings must be noticed; and (3) minutes of the meetings must be taken. Consistent with the Florida Supreme Court’s broad interpretation of the Sunshine Law, the Sunshine Law extends to any discussion or exchange by two or more Board Supervisors regarding District business regardless of the means of communication, including but not limited to email, phone calls, social media websites, blogs, and third-party liaisons.

Although the Sunshine Law does not specifically prohibit a Board Supervisor from using social media to express a position on District business, Board Supervisors must be aware that any exchange of opinions relating to District matters as between two or more Board Supervisors, whether directly or indirectly via social media, triggers the requirements of the Sunshine Law. This includes instances where two Board members may act as moderators of a single Facebook page. In addition, Board Supervisors should be aware of the potential for other third-party users to trigger these requirements. For example, the Attorney General has expressed concern as to “the inherent availability of other participant’s or contributors to act as liaisons” for board members to discuss official matters that should properly be handled at a public meeting.

Public Records Law

Board Supervisors are also subject to the duties contained in Chapter 119, Florida Statutes, which creates certain retention and inspection requirements for public records. “Public records” are defined in section 119.011(11), Florida Statutes, to include “all documents, papers, letters… or other material, regardless of the physical form, characteristics, or means of transmission, made or received… in connection with the transaction of official business by any agency.” The nature of the record, rather than the form of the record, determines whether it is a public record subject to Chapter 119, Florida Statutes. Opinions or comments posted on social media websites or blogs by Board Supervisors regarding District matters or matters that may come before the Board are considered to be made “in connection with the transaction of office business” and are, therefore, “public records.” This is true regardless of whether the posts are made on a private social media account, a public social media page, or on a public website.

Post Office Box 6526 Tallahassee, Florida 32314 119 South Monroe Street, Suite 300 (32301) 850.222.7500 850.224.8551 fax www.hgslaw.com

Best Practices

While social media offers Board Supervisors a powerful means by which to communicate with constituents, use of social media by Board Supervisors presents the risk of violation of both the Sunshine Law and the Public Records Law. Here are a handful of common pitfalls and how to address them to avoid a Sunshine Law violation:

Do NOT post on a social media page in response to another Supervisor’s post. Also, do NOT direct others to make such a post on your behalf. In fact, our recommendation is to avoid using social media for District business on an individual level. Utilize instead your e-mail addresses designated for District business, your on-site and District management staff and Board meetings.
If you do post on a social media page, create a copy of that page, and submit it promptly to the District Manager’s office, who will maintain the record as the District’s records custodian. ALL communication, in any medium, that concerns District business is a public record and is required to be retained pursuant to governmental retention schedules.
Maintain District-related email separate and apart from any personal e-mail.
If in doubt about the accuracy of any planned posts, please consult with staff first, or feel free to direct a constituent with a particular question to staff for follow-up.
If you want to set up your own Facebook or other account where District business will be discussed, please consult further with District staff first. There will be technological requirements the Board may need to consider first.
Use person to person contact, e-mail and telephone as your primary, or sole, means of communication with your constituents.

I hope this information is helpful. Please do not hesitate to contact me if you have any questions.

Sincerely,

Carl Eldred District Counsel