Item I1
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CM
ounty of onroe
BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
Mayor Pro Tem David Rice, District 4
TheFloridaKeys
Danny L. Kolhage, District 1
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
February 15, 2017
Agenda Item Number: I.1
Agenda Item Summary #2633
BULK ITEM: DEPARTMENT:
No Planning/Environmental Resources
TIME APPROXIMATE:STAFF CONTACT:
Rich Jones (305) 289-2805
No
AGENDA ITEM WORDING:
Discussion of issues and impacts associated with anchored and
moored floating structures, and direction to staff to draft an ordinance prohibiting the anchoring and
mooring of floating structures within the County waters of the Florida Keys.
ITEM BACKGROUND:
The presence of floating structures in Keys waters has increased in recent
years, along with associated negative impacts including abandonment, hazards to navigation, use of
debris piles for mooring, environmental damage, as well as the aesthetic nuisance (see Attachment
A). One of the core problems with floating structures is the lack of identifiers, often resulting in the
removal of sunken floating structures at public cost with no means to determine ownership with
which to hold the owner responsible.
In the past year complaints regarding floating structures have significantly increased, and staff of the
County Marine Resources Office have coordinated with various state and federal agencies to address
several incidents of floating structure operations with limited success. Based on the need to address
the prevalence of floating structures and associated impacts, and the authority provided under F.S.
327.60 to local governments to prohibit or restrict mooring or anchoring of floating structures, staff
is seeking direction to draft an ordinance to prohibit the anchoring or mooring of floating structures
on the waters of the County within the Florida Keys (with exceptions for those floating structures
authorized by the applicable state and federal agencies).
PREVIOUS RELEVANT BOCC ACTION:
N/A
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
Direction to begin drafting an ordinance prohibiting the
anchoring or mooring of floating structures.
DOCUMENTATION:
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Summary of floating structures issues-concerns-solutions
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match
:
Insurance Required:
Additional Details:
REVIEWED BY:
Mayte Santamaria Completed 01/30/2017 9:13 PM
Assistant County Administrator Christine Hurley Completed
01/31/2017 4:08 PM
Peter Morris Completed 01/31/2017 4:43 PM
Jaclyn Carnago Skipped 01/30/2017 9:12 PM
Budget and Finance Skipped 01/29/2017 3:53 PM
Maria Slavik Skipped 01/29/2017 3:53 PM
Mayte Santamaria Completed 01/31/2017 4:56 PM
Kathy Peters Completed 01/31/2017 5:06 PM
Board of County Commissioners Pending 02/15/2017 9:00 AM
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Summary of Floating Structures Issues/Concerns/Solutions
Provided by the
Monroe County Marine Resources Office
January 2017
Background
Floating structures, often (inaccurately) considered by the layman as a houseboat, have been an
issue for many years in the Keys due to associated impacts. Floating structures are a particular
problem because unlike vessels they do not typically have any identifiers with which to track
down the owner, may not have navigational lights, are typically not built to any manufacturing
standards, may not have bilge pumps, may not have a USCG approved Marine Sanitation
Device, may not hold securely on anchor, and cost significantly more than vessels to remove and
dispose of (vessels average $4,000; floating structures average $6,000-10,000). The below photo
shows multiple floating structures with obvious issues.
An inherent problem is that floating structures have no means of navigating under their own
power. Floating structures are often used for living on, but the platform style structuresare also
used to store fuel and other potentially dangerous products and materials (see storage tanks and
unsecured propane tanks in photo), or as an expanded living area for the primary vessel or
floating structure (as illustrated above) including furniture exposed to the weather, etc. Floating
structures may sink during storm events, or materials on top of the platform may easily fall
overboard in wind and chop. Since there are no identifying marks, the owner typically abandons
the structure when it sinks or when the structure no longer serves his/her purpose (photo below).
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F.S. 327.02 (11) defines floating structures:
F.S.327.02 (11)
accommodations built thereon, which is not primarily used as a means of transportation
on water but which serves purposes or provides services typically associated with a
but is not limited to, each entity used as a residence, place of business or office with
public access, hotel or motel, restaurant or lounge, clubhouse, meeting facility, storage or
parking facility, mining platform, dredge, dragline, or similar facility or entity
represented as such. Floating structures are expressly excluded from the definition of the
partially or entirely on the bottom shall not, in and of itself, preclude an entity from
classification as a floating structure.
F.S. 327.60 provides authority for local governments to prohibit anchoring of floating structures:
Local regulations; limitations.
(3) Nothing in this section shall be construed to prohibit local governmental authorities
from the enactment or enforcement of regulations which prohibit or restrict the mooring
or anchoring of floating structures or live-aboard vessels within their jurisdictions or of
any vessels within the marked boundaries of mooring fields permitted as provided in s.
327.40. However, local governmental authorities are prohibited from regulating the
anchoring outside of such mooring fields of vessels other than live-aboard vessels as
defined in s. 327.02.
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Examples of Floating Structure Issues:
The following photos are of a floating structure that was recently in a slip at Garrison Bight
Marina, sank in the slip, was refloated and towed to a location just north of the Garrison Bight
mooring field. The structure was then undergoing dismantling on the water, which could easily
have created additional environmental impacts. Several other floating structures were tied to it
and themselves presented potential environmental impacts (Oct 3, 2016). After the owner of the
floating structure assured the Florida Fish and Wildlife Conservation Commission (FWC)that he
was responsibly dismantling the superstructure of the floating structure and would be removing
the remaining platform from the water it ended up drifting into the eastern shoreline of Fleming
Key (Oct. 26, 2016). The dismantling continued and was completed on the shoreline of the
Navy property (requiring approval of the Navy).
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The presence of anchored and moored floating structures in the Keys has become more prevalent
in recent years, likely exacerbated by increasing housing costs and often-perceived right of living
on the water, off-grid and incurring no taxes or costs of infrastructure. A number of companies
are seboats at all. The
availability of floating structures, both manufactured and home-built, and desire for affordable
housing, have led to an obvious increase in the number of floating structures being lived upon
throughout the Keys. In the past two years the Marine Resources Office has received routine
and bringing them to the Keys to anchor permanently.
Floating structures in recent years have also become popular as a platform from which
businesses are operated. Some of those, such as the Fury operation off of Key West were
permitted by Florida Department of Environmental Protection (DEP) and determined to be
affiliated with a land based commercial operation; however, most floating structures with
apparent intention to be used commercially have not received any permit or authorization.
In late 2016 complaints from shoreline owners at Tarpon Basin were received regarding a
on the west side of the basin. Photos from FWC and an
inter-agency site visit indicated that a commercial operation involving the repair of used floating
docks and distribution and mooring of the floating docks in various parts of the upper Keys was
taking place (see photo below). The owner of the operation claimed that he was unaware of the
need for any permitting or authorizations.
Seve
Keys. The multiple floating structures (photo below), comprising a floating playground, were
observed in Buttonwood Sound in December 2016 and were in poor condition and not properly
maintained. One of the floating structures appeared to be moored to a bath tub on the seafloor.
FWC determined that the floating structures presented a navigational hazard, and requested the
USCG to broadcast a Notice to Mariners of the hazard.
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Another unauthorized operation was observed by staff in December 2016 of a floating structure
being assembled and launched at the Key Haven boat ramp, and moored adjacent to the ramp
within view of US1 (see photos below). The Department of Transportation (DOT), owner of the
ramp, was informed and determined that the operation was not compliant with rules of use of the
boat ramp, and that the resulting off-site advertisement (that the floating structure was used for)
was also not in compliance with DOT regulations, as it occurred within the DOT right-of-way.
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While the various floating structure examples described above may be causing different types of
impacts, the one thing that all of them have in common, besides not being authorizedby the
various state and federal agencies, is the fact that the uses are typically not water-dependent.
BOCC Consideration to Restrict Floating Structures:
In 2011 and 2012, the BOCC did consider prohibiting floating structures through the FWC Pilot
Program for Anchoring and Mooring. The following is the draft floating structure anchoring
prohibition language considered by the BOCC in 2012 (which would have been applied within
Managed Anchoring Zones under the Pilot Program):
a)Prohibition of floating structures. Floating structures shall be prohibited as defined
in F.S. § 327.02(10), with the exception of those floating structures that are licensed
and/or registered, and controlled by and affiliated with a permitted land-based
commercial entity, and are permitted by the Florida Department of Environmental
Protection and other environmental regulatory agencies as applicable.
The Commission later decided not to pursue a prohibition at that time, and instead indicated that
such a prohibition may be considered in the future, independent of the Pilot Program.
Additionally, in 2012 the Marine Resources Office discussed the issue of floating structures with
DEP staff who indicated their own concerns with floating structures and the need for
authorization for anchoring or mooring floating structures on sovereign submerged lands.
Communications with DEP staff in January 2017 indicated that DEP supports an interagency
coordination effort, including working with the FWC, the Florida Keys National Marine
Sanctuary (FKNMS), and Monroe County, to address the anchoring or mooring of unpermitted
floating structures on sovereign submerged lands.
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Staff Recommendation:
Due to the number of issues presented by floating structures at anchor or moored, including the
potential for environmental impacts and posing navigational hazards; the concern by DEP
regarding floating structures on sovereign submerged lands; the high cost of removal and
disposal of floating structures; the lack of identifiers on floating structures; the threat to the
structure and its occupants in a storm event due to the lack of internal power; and the lack of any
water dependent use or public benefit; the Marine Resources Office recommends beginning the
process for developing an ordinance (in compliance with State Statute) to prohibit the anchoring
or mooring of floating structures within the waters of Monroe County (with the exception of
floating structures authorized by DEP). This prohibition would be consistent with the recent
2030 Comprehensive Plan policy amendment prohibiting living aboard floating structures
moored to land, except for those moored in marinas and marine facilities.
Upon receiving direction, Marine Resources staff will: 1) coordinate with FWC, DEP and
FKNMS ntention to restrict anchoring and mooring of floating structures in
compliance with State Statute, and 2) begin drafting an ordinance to prohibit anchoring and
mooring of floating structures (with an exemption of those authorized by DEP) throughout the
waters of Monroe County, and 3) prepare an agenda item for Board consideration.
For additional note:
The Property Appraisers Office does assess and collect tangible taxes on some floating structures
in the Keys (most are located in marinas). Staff recommends contacting the Property Appraisers
Office and letting them know that sharing this information with DEP and FWC could assist in
addressing the issues described above. The shared information would allow state agency staff to
be aware of any anchored/moored floating structures which are paying tangible taxes that may
not have prior authorization from DEP for anchoring or mooring on sovereign submerged lands.
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