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Item N4Meeting Date: September 17, 2008 Bulk Item: Yes _ - No X Division: COUNTY ATTORNEY Staff Contact Person: Robert Shillinger Telephone No. (305) 292-3470 AGENDA ITEM WORDING: Discussion of settlement negotiations between Plaintiffs and Defendants in Florida Key Deer, National Wildlife Federation, et. al. v. FE&M & USFWS (United States District Court, S.D. Florida No. 90- 10037-CIV-MOORS). ITEM .BACKGROUND: The Monroe County Attorney's Office was contacted by an official with USFWS on September 2, 2008, regarding ongoing settlement negotiations between Plaintiffs and Defendants in Florida Key Deer, National Wildlife Federation, et. al. v FEMA & USFWS (United States District Court, S.D. Florida No. 90-10037-CIV-MOORS). The terms of proposed settlement include (1) a mandatory permit coordination process between the Monroe County Division of Growth Management and (2) modifications to 2006 mapping by USFWS to include additional endangered species habitat. If property proposed for development is designated at Tier III and in potential endangered species habitat as determined by USFWS, then the proposed settlement would require County biologists to further review the property's biological characteristics. Additionally, the proposed settlement calls for the County to adopt an ordinance providing for additional criteria for development review and approval for Tier III properties that are potential endangered species habitats. PREVIOUS RELEVANT DOCC ACTION: None. CONTRACT/AGREEMENT CHANGES: None. STAFF RECOMMENDATIONS: None, TOTAL COST: to be determined COST TO COUNTY: to be determined BUDGETED: Yes _ No X SOURCE OF FUNDS: to be determined REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing Risk Management DOCUMENTATION: Included Not Required X DISPOSITION: AGENDA ITEM[ # Revised 11/06