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Item N8County of Monroe A BOARD OF COUNTY COMMISSIONERS Mayor George Neugent, District 2 The Florida. Key y w) Mayor Pro Tem David Rice, District 4 �r Danny L. Kolhage, District 1 Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting April 12, 2017 Agenda Item Number: N.8 Agenda Item Summary #2798 BULK ITEM: No DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger (305) 292 -3470 3:00 pm AGENDA ITEM WORDING: A public hearing to consider a resolution of the Board of County Commissioners of Monroe County, Florida asking the U.S. Bureau of Land Management to limit use of and access to Wisteria Island to day light hours only. ITEM BACKGROUND: The U.S. Bureau of Land Management (BLM) has requested the Commission's input on whether Wisteria Island should be open for public access and use 24 hours per day or whether some shorter period of time would be more appropriate. The BLM is the federal agency charged with managing the island property on behalf the U.S. government. Wisteria Island is the subject of an ownership dispute between F.E.B. Corporation (FEB) and the United States' government. In 2016, the U.S. Circuit Court of Appeals for the 11 Circuit upheld a decision by U.S. District Judge Jose Martinez to dismiss FEB's action to quiet title to ownership of the island on the grounds that the 12 year statute of limitations period for bringing claims under the federal Quiet Title Act had expired, thus depriving the trial court of�urisdiction to hear FEB's claim of ownership. See, F.E.B. Corp. v. United States, 818 F.3d 681 (11' Cir. 2016). The result of that decision is that the dispute over ownership of the island remains unsettled. The unsettled question of ownership has led to the situation where a group of squatters have taken up residence on the island some of whom are engaged in unlawful activities. The ownership dispute has complicated efforts by the Sheriff's Office to protect the health, safety, and welfare of many persons who wish to visit the island and utilize it for lawful purposes. The Sheriff has requested that BLM issue a closure order that would prohibit use of and access to the island during night time hours. A federal closure order would enable law enforcement to arrest trespassers found on the island during the closed period. Under 43 C.F.R. 8364.1(b), each closure order shall: (1) Identify the public lands, roads, trails or waterways that are closed to entry or restricted as to use; (2) Specify the uses that are restricted; (3) Specify the period of time during which the closure or restriction shall apply; (4) Identify those persons who are exempt from the closure or restrictions; (5) Be posted in the local Bureau of Land Management Office having jurisdiction over the lands to which the order applies; (6) Be posted at places near and /or within the area to which the closure or restriction applies, in such manner and location as is reasonable to bring prohibitions to the attention of users; [and] (7) Include a statement on the reasons for the closure. The proposed resolution requests that the BLM close Wisteria Island for public use at night and should only be open during the hours of 8 am until 5 pm to enable the Sheriff and other law enforcement agencies to better protect the health, safety, and welfare of members of the public who wish to visit Wisteria Island to engage in lawful recreational activities. The resolution, as drafted, expressly states that the County Commission is not deciding or taking a position on the issue of ownership of the island. Instead, the resolution states that the Commission is adopting it in light of the safety concerns arising in part due to the unsettled question of ownership. PREVIOUS RELEVANT BOCC ACTION: None. CONTRACT /AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval. DOCUMENTATION: Stamped Wisteria Resolution MCSO Wisteria Photos 1 of 2 MCSO Wisteria Photos 2 of 2 MCSO Wisteria reports FWC Wisteria Photos F.E.B. Corp. v. U.S. Case No. 15 -11771 (U.S. 11th Cir. March 28 2016) (2) 43 CFR 8364.1 Closure and Restriction Orders FINANCIAL IMPACT: Effective Date: Upon adoption. Expiration Date: None. Total Dollar Value of Contract: n/a Total Cost to County: n/a Current Year Portion: n/a Budgeted: n/a Source of Funds: n/a CPI: n/a Indirect Costs: n/a Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: n/a If yes, amount: n/a REVIEWED BY: Bob Shillinger Completed 03/26/2017 5:59 PM Bob Shillinger Completed 03/26/2017 5:59 PM Budget and Finance Skipped 03/26/2017 5:58 PM Maria Slavik Skipped 03/26/2017 5:58 PM Kathy Peters Completed 03/27/2017 9:23 AM Board of County Commissioners Pending 04/12/2017 9:00 AM RESOLUTION NO. -2017 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA REQUESTING THE UNITED STATES' BUREAU OF LAND MANAGEMENT TO ISSUE A PARTIAL CLOSURE ORDER FOR WISTERIA ISLAND IN ORDER TO ENABLE LOCAL LAW ENFORCEMENT OFFICIALS TO BETTER ADDRESS ONGOING ISSUES THAT THREATEN THE HEALTH, SAFETY, AND WELFARE OF THE LOCAL COMMUNITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Wisteria Island is a manmade spoil island located within the unincorporated portion of Monroe County, Florida; and WHEREAS, there is a dispute over ownership of Wisteria Island between the United States' goveniment and the F.E;B. Corporation, a for profit Florida corporation; and WHEREAS, that ownership dispute remains unresolved as a result of the 11' Circuit Court of Appeals decision in F.E.B. Corp. iy United States, 818 Fv3d 681 (l l' Cir. 2016); and WHEREAS, the U.S. Bureau of Land Management (BLM) is the agency charged with managing the island for the federal government; and WHEREAS, the unresolved ownership dispute has had the unintended consequence of allowing squatters to take up residence on Wisteria Island; and WHEREAS, the Commission has been presented with infannation from the Sheriff of Monroe County and others which indicates that the current conditions on Wisteria Island caused by at least some of those squatters constitute a threat to the health, safety, and welfare of the environment of the island itself and its nearby waters, as well as to those residents of and visitors to Monroe County who might otherwise like to engage in lawful recreational activities on the island; and WHEREAS, that information includes reports of; a) makeshifts camps intended for long term habitation without adequate sanitation facilities; b) illegal drug activity including marijuana cultivation; c) illegal dumping in amounts that exceed the felony dumping threshold; d) sharp debris such as discarded needles and broken glass, which present a safety hazard to those walking on the island; Pagel of 3 WHEREAS, the BLM's normal protocol is to promote public use of federal lands unless circumstances exist which demonstrate a need to restrict public access; and WHEREAS, Board finds that the lawless conditions currently existing on Wisteria Island not only negatively impact the health, safety, and welfare of the natural resources on the island but, in reality, those same conditions serve to actively discourage many residents of and visitors to Monroe County from engaging in lawful recreational activities on the island; and WHEREAS, the Sheriff has advised that creating reasonable rules regarding appropriate use and public access to Wisteria Island would better enable his deputies and other law enforcement officers to remedy the current unlawful activity taking place on the island; and WHEREAS, the Board finds that having Wisteria Island open for public use only between the hours of 8 am and 5 pm would best serve the health, safety, and welfare of the community; and WHEREAS, F.E.B. Corp., the other putative owner of Wisteria Island, has requested the assistance of law enforcement and other local agencies in remedying the current unlawful activity on the island; and WHEREAS, by adopting this resolution, the County Commission takes no position on whether Wisteria Island is owned by F.E.B. Corp. or the U.S. government; and WHEREAS, this resolution should be interpreted as nothing more than recognition of one of the consequences of the title dispute over Wisteria Island but in no way a determination by the Board on which putative owner actually owns the island; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1 . The U.S. Bureau of Land Management is respectfully requested to issue a partial closure order for Wisteria Island that would authorize public use of the island only between the hours of 8 a.m. and 5 p.m. and prohibiting the general public from occupying the island at all other times. Section 2 . This resolution shall take immediate effect upon its adoption. Section 3 . The Clerk is directed to send a certified copy of this resolution to the Bureau of Land Management c /o: Sally Spencer, Acting District Manager, Page 2 of 3 Southeastern States District Office, Bureau of Land Management, 273 Market Street, Flowood, MS 39232. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting of said Board held on the 12` day of April, 2017 in Marathon, Florida. Mayor George Neugent Mayor Pro Tern David Rice Commissioner Danny Kolhage Commissioner Heather Carruthers Commissioner Sylvia Murphy (SEAL) Attest: Kevin Madok, Clerk By: Deputy Clerk WE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor LIONROE COUNTY ATTORNEY ROBr =r�'E � - JR. to -- Page 3 of 3 �y� � < �� /� y: � y \� y � / \� �.� - . §`&� � � 6 \ � y . y . � � � � � .\ >� � � a >. . � � � � .. ^ f\ \ � x # \ ��. � � � � � :� \ �� §. � � � \ \ �� 7 � \ �� « \�� \^ 3 � \ � � - �� . \ \� : � � � � � � r 7 § . .� y ~� « » }� >. <� ^ f\ \ � x # \ A m # m ° ?� �� - f 2 `� G. / � \.� /� \ °� � 2� (� 2 © . � � � ^ � \� \ \ ?� ^ :- \� +».: © ' - - / \\ - / \�� . . , i � � ` � ; \, « � \ �p � / � }!� �� \ /\ � \ \ # r� 4 ; 4 w �.,, �'i' W-M P x.,.1:4 �' -... ' Packet Pg. 2901 � { 2) � / /?..d a F.j 4w 96 1 x =r, �c a F.j 4w 96 1 x �, \ ^�, ^�� ^ °•, .� �� , §° » �. y /� . . . \ ~ \ 6 y{ v »td< �, \ ^�, ^�� ^ °•, .� �� , §° » �. y /� . . . \ ~ \ 6 y{ v OFFENSE REPORT MONROE COUNTY SHERIFFS C MCS0160FF004403 BURNHAM CHRISTOPHER RYAN W M 03/21/1979 37 Printed On: 03122/2017 @ 15:01 Offense Number Offense Description Unknown CAD Incident No MCS0160FF004403 37-0 INFORMATION REPORT - SA11t'I1 OTR MCS016CAD095890 Range of 07/08/2016 08:11 Reported Arrived Completed Occurrence: 07/08/2016 08:11 07/08/2016 08:11 07/08/2016 08:11 07/08/2016 10:55 ADDRESS OF OCCURRENCE Birth Location: City: OGDEN County: WEBER State: UTAH Nation: UNITED STATES Citizenship: UNITED No. Di Street AIL City ST Zip SECTOR 1, ZONE 1 KEY WEST FL 33040 (GEO) (Latitude / Longitude) [OP /OTHER ] MNI ID: MCSOOOMNI441247 1-1-0100- 24,5677 1- 8L8108 R S DOB Age BURNHAM ORION PERSONS Hgt Wgt Eyes Hair I.D. No. St Type Ethnicity: 6'00" 200 BRO BRO FL [OP /OTHER ] MNI ID: MCS015MNIO17641 Last First Middle Title R S DOB Age BURNHAM CHRISTOPHER RYAN W M 03/21/1979 37 Hgt Wgt Eyes Hair I.D. No. St Type Ethnicity: 603 0 B655116791010 FL Unknown Residence. Unknown Extent of Injury. N/A Verify For Rape Exam: No Treated For Rape Injury: No General Appearance: Unknown Demeanor: Unknown Clothing: Clothing Description: Probable Destination: Birth Location: City: OGDEN County: WEBER State: UTAH Nation: UNITED STATES Citizenship: UNITED STATES Address: 1119 VIRGINIA ST PMB 1 KEY WEST FL 33040 Occupation: * none reported [OP /OTHER ] MNI ID: MCSOOOMNI441247 Last First Middle Title R S DOB Age BURNHAM ORION W M 02/03/1978 38 Hgt Wgt Eyes Hair I.D. No. St Type Ethnicity: 6'00" 200 BRO BRO FL Residence: Within jurisdiction Extent of Injury: N/A Verify For Rape Exam: No Treated For Rape Injury: No General Appearance: Demeanor: Clothing: Clothing Description: Probable Destination: Birth Location: City. COLORADO State: COLORADO Nation: US Citizenship: UNITED STATES Address: 3920 S ROOSEVELT BLVD Apt/Lot: 412 KEY WEST FL 33040 Phone: (305)509 -0156 Occupation: Business: UNEMPLOYED [OP /OTHER ] MNI ID: MCS076MNI002960 Last First Middle Title R S DOB Age MCS0160FF004403 Page 1 of 8 [ S9658 07/08/2016 11:32 1 OFFENSE REPORT MONROE COUNTY SHERIFFS OFFICE MCSO16OFF004403 Printed On: 03/22/2017 @ 15: _01_ vasaaarar� . .... . .... vvR CAILLOUET JOHNNY LOUIS �W M 07/19/1949 66 Hgt Wgt Eyes Hair I.D. No. St Type Ethnicity: 5'10" 185 BLU BLN 0430432492590 FL E Not Hispanic or Latino Residence: Within jurisdiction Verify For Rape Exam. No Treated For Rape Injury: Yes Extent of Injury: NIA Verify For Rape Exam: No Treated For Rape Injury: No General Appearance: Demeanor: Clothing: Clothing Description: Probable Destination: State: NEW YORK Nation: UNITED STATES Citizenship: Birth Location: City: SEARCY County: WHITE State: ARKANSAS Nation: UNITED STATES Citizenship: UNITED STATES Address: Address: CHRISTMAS TREE ISLAND CHRISTMAS TREE ISLAND KEY WEST FL 33040 Occupation: , Job Title: ENTERTAINER [OP/OTHER ] MNI ID: MCSOOOMNI439873 Last First Middle Title R S DOB Age CAMPANY KENNETH JAMES W M 12/05/1969 46 Hgt Wgt Eyes Hair I.D. No. St Type Ethnicity: 5 155 BLU BLN 0515510694450 FL ID Not Hispanic or Latino Residence: Within jurisdiction Extent of Injury: NIA Verify For Rape Exam. No Treated For Rape Injury: Yes General Appearance: Unknown Demeanor: Unknown Clothing: Clothing Description: Probable Destination: Birth Location: City: ROCHESTER County: MONROE State: NEW YORK Nation: UNITED STATES Citizenship: UNITED STATES Address: CHRISTMAS TREE ISLAND Occupation: Business: SELF EMPLOYED, Job Title: WEAVER KEY WEST FL 33040 [OP /OTHER ] MNI ID: MCSOI6MNIO02713 Last First JONES MARDIE Hgt Wgt Eyes Hair I.D. No. 500 115 RED 15325363 Residence: Within jurisdiction Extent of Injury: NIA General Appearance: Unknown Demeanor: Unknown Clothing: Clothing Description: Probable Destination: Birth Location: * none reported Middle Title L St Type T Verify For Rape Exam: No Treated For Rape Injury: No R S DOB Age W F 11/03/1973 42 Ethnicity: Unknown MCSO16OFF004403 Page 2 of 8 l 59658 07/08/2016 11:32 1 O FFENSE RE PORT MONROE COUNTY SHERIFFS OFFICE CS 16 F 004403 Printed On: 03/ @ 1 5:01 E=-- 7 .. ......... ®.®®®�® —22 --- Address: CHRISTMAS TREE ISLAND Occupation: * none reported [OP/OTHER I MNI ID: MCS078MNI137265 Last First Middle Title R S DOB Age MOFFET JASON MICHAEL W M 12/21/1974 41 Hgt Wgt Eyes Hair I.D. No. St Type Ethnicity: 5 190 BRO BRO M130433744610 FL Not Hispanic or Latino Residence: Within jurisdiction Extent of Injury: NIA Verify For Rape Exam: No Treated For Rape Injury: No General Appearance: Unknown Demeanor: Unknown Clothing: Clothing Description: Probable Destination: Birth Location: City: LITTLETON County: GRAFTON State: NEW HAMPSHIRE Nation: UNITED STATES Citizenship: UNITED STATES STATES Address: Address: CHRISTMAS TREE ISLAND CHRISTMAS TREE ISLAND Occupation: Occupation: Business: SELF EMPLOYED, Job Title: FISHERMAN Business: UNEMPLOYED [OP/OTHER I MNI ID: MCS002MNIO00964 Last First Middle Title R S DOB Age ODOM TIMOTHY LYNN W M 04/13/1967 49 Hgt Wgt Eyes Hair I.D. No. St Type Ethnicity: 5'10" 185 BLU BRO 0350812671330 FL ID Unknown Residence: Within jurisdiction Extent of Injury: NIA Verify For Rape Exam: No Treated For Rape Injury: No General Appearance: Unknown Demeanor: Unknown Clothing: Clothing Description: Probable Destination: Birth Location: City: RALEIGH State: NORTH CAROLINA Nation: UNITED STATES Citizenship: UNITED STATES Address: CHRISTMAS TREE ISLAND Occupation: Business: UNEMPLOYED [OP /OTHER I MNI ID: MCS013MNI008401 Last First Middle Title R S DOB Age PHILLIPS KATHLEEN MARY W F 12/04/1956 59 Hgt Wgt Eyes Hair I.D. No. St Type Ethnicity: 4'11" 95 BLU BRO Not Hispanic or Latino Residence: Within jurisdiction MCS0160FF004403 Page 3 of 8 [ S9658 07/08/2016 11032 j [OP /OTHER ] MNI ID: MCS009MNI003121 Last First Middle Title R S DOB Age PRATER SARONNE LEE W F 01/21/1971 45 Hgt Wgt Eyes Hair I.D. No. St Type Ethnicity: 5 120 BLU BLN P92433227 KY ID Not Hispanic or Latino Residence: Within jurisdiction Extent of Injury: NIA Verify For Rape Exam: No Treated For Rape Injury: No General Appearance: Unknown Demeanor: Unknown Clothing: Clothing Description: Probable Destination: Birth Location: City: SOMERSET State: KENTUCKY Nation: UNITED STATES Citizenship: UNITED STATES Address: KEY WEST HARBOUR KEY WEST FL 33040 Phone. (305)600 -7513 Occupation: Business. UMEPLOYED. [OP /OTHER ] MNI ID: MCS014MNI010212 Last First Middle Title R S DOB Age PRUITT MALINDA CAROL W F 07/24/1965 50 Hgt Wgt Eyes Hair I.D. No. St Type Ethnicity: 5 165 BRO BRO P630543657640 FL ID Not Hispanic or Latino Residence: Within jurisdiction Extent of Injury: NIA Verify For Rape Exam: No Treated For Rape Injury. Yes General Appearance: Unknown Demeanor: Unknown Clothing: Clothing Description: Probable Destination: Birth Location: City. WASHINGTON DC State: WASHINGTON DC Nation: UNITED STATES Citizenship: UNITED STATES Address: CHRISTMAS TREE ISLAND Occupation: Business: UNEMPLOYED MCS0160FF004403 Page 4 of 8 [ S9658 97/08/2016 11:32 ] OFFENSE REPOR MCS0160FF004403 Printed On: 03122/2017 @ 15:01 TO 60111aall Last First SHE SHERER ASHLEY Hgt Wgt Eyes Hair I.D. No. 5'04" 130 BRO BRO 5660016868450 Residence: Within jurisdiction Extent of Injury: NIA General Appearance: Unknown Demeanor: Unknown Clothing: Clothing Description: Probable Destination: Birth Location: * none reported Address: CHRISTMAS TREE ISLAND Occupation: * none reported Middle Title ROSE St Type FL Verify For Rape Exam: No Treated For Rape Injury: Yes R S DOB Age W F 09/25/1986 29 Ethnicity: Not Hispanic or Latino [OP /OTHER ) MNI ID: MCS015MNI000752 Last First Middle Title R S DOB Age STAMPER ADAM J W M 06/08/1975 41 Hgt Wgt Eyes Hair I.D. No. St Type Ethnicity: 0 RM740271 OH Not Hispanic or Latino Residence: Within jurisdiction Extent of Injury: NIA Verify For Rape Exam: No Treated For Rape Injury: Yes General Appearance: Unknown Demeanor: Unknown Clothing: Clothing Description: Probable Destination: Birth Location: * none reported Address: CHRISTMAS TREE ISLAND KEY WEST FL 33040 Occupation: * none reported --------------------------®. w®_-- __= __------- ®---- r ®�_�m::� -== =------------------- - - - -d— MCS0160FF004403 Page 5 of 8 [ S9658 07/08/2016 11:32 ; Crime Scene Officer: Physical Evidence Collected: 0 Code Article Model No. Brand Value F EQUIPMENT /TOOL UNKNOWN UNKNOWN $1.00 Description Quantity GLASS AND METAL PIPES CONTAINING UNK. SUBSTANCES 4 NCIC Code Serial No. Owner Applied Number Receipt Number NONE 158872 Code Article Model No. Brand Value F DRUGS/NARCOTICS MARIJUANA $75.00 Description Quantity ABOUT 15.8 GRAMS OF MARIJUANA 0 NCIC Code Serial No. Owner Applied Number Receipt Number 158872 TOTALS - $: $0.00 *: $0.00 M: $0.00 L: $0.00 D $0.00 F: $76.10 < NARRATIVE > DATE TIME TYPE OFFICER REPORTING CALL # REP TAKER EDIT DATE EDIT TIME 7!8(2016 11:32 INITIAL KELLENBERGER, CHRISTIAN 5470 59658 7/13/2016 15:32 Status: APPROVED KELLENBERGER, CHRISTIAN 7/13/2016 15:32 MCS0160FF004403 Page 6 a18 1 59658 07108/201+6 11:32 OFFENSE REPORT SHERIFFS MCS0160FF004403 Prhited On: 03/22/2017 CAD INCIDENT DISPOSITION ._ CODE: a On 71612016, the following email was forwarded to me from Donatella Kelly, the Sheriffs Secretary: Good Morning, F am forwarding your email to Detective Kellenberger whom is assigned to our Special Envestigations Unit. Please do not hesitate to contact me if you may need further assistance. Best Regards, Donatella Donatella Vanucci Kelly Executive Aide to the Sheriff CIO Monroe County Sherifrs Office 5525 College Road Key West, Florida 33040 Office #: (305) 292 -7001 1292 -7002 Fax #: (305) 292 -7099 E -Mail: HYPERLINK "mailto:dkelly @keysso.net" dkelly @keysso.net From: Chanel Renner [ mailto :chanelrenner42 @gmail.com] Sent: Wednesday, July 06, 2016 9:24 AM To: Rick Ramsay Subject: I just wanted tote you guys know I just moved here went to explore Christmas island and there was a man named Chris Burnham who was sleeping with an under age girl and the other were doing drugs all in front on all these little small children. I am not sure who I should speak to but there is child abuse and drug use on that island . Not to mention all the under age drinking and sex and drug use. On 71812016, Detectives Cuervo, Hill, Sergeant Llera and 1 responded to Christmas Tree Island to investigate the two complaints contained in the email. During the contact, we did not locate Christopher Burnham or any underage subjects. 11 subjects were contacted and added to this report. MCS0160F F004403 Page 7 of 8 E 59658 47/08/2016 11.-32 OFFENSE REPORT MONROE COUNTY SHERIFFS OFFICE MCS0160FF00440 Printe On: 03/22/2017 @ 15:01 The information in this email was forwarded to Sgt. Smith in Lower Keys CIU. He is planning an operation on the same island in the up and coming weeks. I sent an email to the reporting person providing information as to the actions taken. Transport to the island was provided by FWC. Report is closed. While searching the island we came into contact with multiple persons, who had and smelled on marijuana. All persons voluntarily turning over the illegal contraband, allow with pipes and paraphernalia. In total 15.5 grams of marijuana was turned over for destruction, (4) pipes, and we found (1) small baggy with skulls on it, the baggy contained an unknown residue. All items were entered into property under, PR #158872 and marked for destruction. This incident occurred in Monroe County, Florida. R Offense Status No --Cleared Reporting Officer Closed - Cleared # Clearances 0 5470 KELLENBERGER, CHRISTIAN Clearance Date MCSO\MAJOR CRIMES T Warr. /Arr. No. Clearance Type Except. Clear, Type *Forward for Approval / Follo To: Age Classification JMCSO\MAJOR CRIMES IT Supervisor APPROVED CHRISTIAN LLEN E Yes Concur No Date Time No NI /U No 07/13/2016 15:32 No InvF/U No Case Screening Supv. Investigator Date Time 5470 KELLENBERGER, CHRIST R eport Last Ma . 07113/2016 MCS0160FF004403 Page 8 of 8 ! S9658 07/08/2016 11:32 1 OFFENSE REPORT MONROE COUNTY SHERIFFS OFFICE MCS0160FF005031 Printed Om 0.3/22/201.7 1314 :37 Offense Number Offense Description CAI ".) Incident No MCS0160FF005031 46-0 NARCOTICS INVEST FGA'TIO a MCS016CAD108759 Range of 08/04/2016 05:30 Reported Arrived Completed Occurrence: 08/04/2016 08:22 08/04/2016 04 :30 08/04/2016 05:28 08/04/2016 08:22 ADDRESS OF OCCURRENCE No. Di Street A/L City ST Zip WISTERIA ISLAND KEY WEST FL 33040 (GEO) ( Latitude / Longitude) 1 - 1 - 0100 - 24.5677 1 - 81.8108 Business STATE OF FLORIDA MBI ID: MCS015MBI002215 Business Type: Victim No. Di Street A/L City ST Zip 5525 COLLEGE ROAD KEY WEST FL 33040 (GEO) (Latitude / Longitude) ® ®- 0/0 PERSONS [S /SUSPECT] MNI ID: NOLINK16656 Last First UNKNOWN UNKNOWN Hgt Wgt Eyes Hair I.D. No. 0 Residence: Unknown Extent of Injury: N/A General Appearance: Demeanor: CIothing: Clothing Description: Probable Destination: * Person not located in the MNI Middle Title R S DOB Age UNKNOWN St Type Ethnicity: Verify For Rape Exam: No Treated For Rape Injury: No CHARGES/OFFENSES Statute: 893.13.1a2 Counts : I UCR: 350A NCIC Charge: MARIJUANA- PRODUCING Desc : SCHEDULE I General Offense Code... (GOC) : P Principal Arrest Charge Level ...... (ACL) : F Felony Arrest Charge Degree ... (ACD) : T Third Degree Arrest Offense Number.(AON) : 3563 MCS0160FF005031 Page 1 of 3 [ S9576 +08/04/2016 09:16 ; OFFENSE REPORT M NI OE COUNTY SHERIFFS OFFICE MCS 0160 FF0 05031 Printe On: 03122/2017 @ 1437 Weapon Location Category Other Location Type Wooded area Location Description WISTERIA ISLAND Location Status Abandoned Number of Premises Burglarized 0 Target - Inventory Entry Method Point of Entry (POE) - Ground Level POE Visible From - Not Visible Point of Exit - Ground Level Suspect Actions Circumstances Dealing in drugs Weather - Clear Lighting Condition Daylight Security Used Crime Scene?: No If NO, Explain : Crime Scene Officer: Physical Evidence Collected: X PROPERTYITEMS #! Code Article Model No. Brand Value F DRUGS /NARCOTICS NIA NIA $500.00 Description Quantity SUSPECTED MARIJUANA PLANTS 9 NCIC Code Serial No. Owner Applied Number Receipt Number YDRUGS NIA 159126 TOTALS - S: $0.00 *: $0.00 M: $0.00 L: $0.00 D: $0.00 F: $500.00 Z: $0.00 NARRATIVE > DATE TIME TYPE OFFICER REPORTING CALL 4 REP TAKER EDIT DATE EDIT TIME 8/4/2016 09:16 INITIAL FRASR, CHRIS 5453 59576 8/4/2016 12:11 Status: APPROVED LLERA, JUAN 8/8/2016 12:17 On August 4, 2016, I participated in a multi- jurisdictional operation to identify occupants and campers on Wisteria Island. During the operation I was notified by Deputy Hager that he had located growing Marijuana plants in the wooded area on the island. I responded to Deputy Hager's location. I observed numerous plants, which I identified as suspected Marijuana plants. These plants were in different stages of growth. The plants were planted in plastic buckets and bins, which were placed into the ground and covered by wire mesh. The plants were removed from the potting soil and counted. A total of 9 suspected Marijuana plants were collected. Detective Hill and I transported the plants to the Monroe County Sheriffs Office evidence and property division. The plants were placed into property using property receipt 159126, and were marked for destruction. MCS0160FF00503A Page 2 of 3 1 59576 08/04/2016 09:16 1 OFFENSE REPORT MONROE COUNTY SHERIFFS OFFICE MCS01 60FF005031 " # r; There was n o persons 1 1 or 1 ! t he d 1' located by Dep Ha ger . 1 ence indicating who may have b een cultivatin the p lants. As there is no suspect and leads have been exhausted, I respectfully request this case be closed. END OF NARRATIVE > Offense Status Yes -- Cleared Reporting Officer 'sed - Leads Exhaus # Clearances 1 S453 FRASER, CHRIS Clearance Date 08/08/2016 CS IS CAL OPS - NARCOTICS Warr. /Arr. No. Clearance Type Exceptional Except. Clear. Type Lack of prosecution *Forward for Approval / Followup To: Age Classification ADULT MCS O1SPECIAL OPS - NA RCOTICS Supervisor APPROVED Case Screening Supv. Investigator JUAN LLERA Yes Concur No Date Time No Pt1F1U No 08/08/2016 12:17 No I InvF/U I No Date Time 5453 FRASER, CHRIS NICS016OFF005031 Page 3 of 3 f S9576 08/04/2016 09:16 � Report Last Modified 08/08/2016 12:17 ASSISTING OFFICERS Rank: S/A Name: PARKHURST, DAVE Call Number: DEA ID Number: Assignment:DEA Agency Unit: Agency Accronym: DEA Phone: Agency: DRUG ENFORCEMENT ADMINISTRATION Report Number: Comment: Rank: DEPUTY Name: RODDY, AARON Call Number: 1119 IT) Number: S004 Assignment: Agency Unit:MCSOIDIST 1 ROAD PAgency Accronym: MCSO Phone: Agency: MONROE COUNTY SHERIFFS OFFICE Report Number: Comment: Rank: Y STI - ame: HILL, THOMAS Call Number: S456 ID Number: 9106 Assignment:DETECTI` Agency Unit:MCSOISPECIAL OPS - Agency Accronym: MCSO Phone: Agency: MONROE COUNTY SHERIFFS OFFICE Report Number: Comment: Rank: DEPUTY Name: HAGER, JAMES Call Number: 1215 ID Number: 59837 Assignment:DEPUTY Agency Unit:MCSOIDIST 1 MARINIAgency Accronym: MCSO Phone: Agency: MONROE COUNTY SHERIFFS OFFICE Report Number: Comment: NICS016OFF005031 Page 3 of 3 f S9576 08/04/2016 09:16 � m # 311412017 Office History For Period Beginning April 9, 2016 and Ending January 9, 2017 CAD Number i.- " d Time R d Nature of • ra Offense Numbers 1) MCS016CAD049281 Saturday 5:25 pm 09- Apr -2016 SUSP:ACTIVITY Y D.C.'s:58 -0, D, 2 -0, 0 S&Gior. i zurle. i Grid: 0 Shipped: 5:26 pm Dispatched: 9:44 pm Enroute: 9:44 pm OnScene: 9:44 pm Closed: 10:39 pm Units Responding: Dispatched Backup FWC - FWC, Primary AP2 - WIRTH, TREVOR Backup - COAST GUARD, Roma! °k %r MALE ON BOAT DANNY LEFT IN A BOAT WITH RP'S GIRLFRIEND HE SAID HE PUT HER ON THE SHORE AND SHE IS MENTALLY ILL FEMALE IS JENNIFER BLAKELY TD APPROX 2 HRS VESSEL WIAMERICAN FLAG WHITE AND BLUE LINK NAME OF BOAT PHONE NUMBER ON SIDE OF THE BOAT 5'05 BRO HAIR HAZ EYES WIF RP THINKS THIS IS A KIDNAPPING BECAUSE THE SUSPECT KNEW SHE IS MENTALLY ILL USCG GOING TO TRYAND GETANY FURTHER INFO FWC WANTS MCSO UNIT TO GO OUT WITH THEM ON THE BOAT FROM STOCK ISLAND VILLAGE FWC WAS GIVEN 1202'S CELL TO GO DIRECT TO CHECKAREA TO SEE IF THEY CAN LOCATE THE BOAT LINK CREATED BETWEEN INCIDENT [MCSO16CAD049307] AND INCIDENT j MCSO16CAD049281] FWC SPOKE TO ALL PARTIES CALL SUSPENDED TOT FWC THEY DID INFO REPORT OLD DISP CODES: CODE1 = 58 -0, CODE2 = SA, CODE3 = 2 -0, CODE4 = 0, CODE5 =, CODE6 = 1 " "RECTIVATED "" 1 MOTHER OF RP IS CALLING NOW REQ LEO TO CONTACT HER FOR FURTHER INFO ROBIN FORD 904 - 770 -0007 NORTH CAROLINA: NEW BERN. SHANE MALONE = DANNY'S SON `BOLO# BOLO - 2016 -00371 CREATED BASED OFF OF THIS INCIDENT. COAST GUARD KWADV THEYRE AWARE OF BOLOAS WELLAS MARATHON, GC MARATHON WILL DO PATROL FOR VSL IN THE MORNING BOLO PASSED ON TO KWPD (MSG 273) LINK CREATED BETWEEN INCIDENT [MCS016CADD49281] AND INCIDENT [ MCS016CAD0500771 ROBIN LANDLINE NOW ADV'ING HER & HER SON HAVE CLR'D THE VSL IMMIS THE ONLY ONE LEFT THERE 2) MCS016CAD108759 Thursday 4:30 am 04- Aug -2016 SPECIAL DUTY MCS016OFF005031 SECTOR 1, ZONE 1 KEY WEST CHRISTMAS TREE ISLAND D.C.'s:47 -0, R,2 -1,0 Sector: 1 Zone: 1 Grid: 0100 Shipped: 4:30 am Dispatched: 4:30 am Enroute: 4:30 am OnScene: 5:28 am Closed: 8:22 am Units Responding: S1FA ProgramlModified Date: cad24hr Page 1 of 4 3/14/2017 4:39:17PM 3/14/2017 Monroe County i ' ce - Call Hist For Period Beginning April 9, 2016 and Ending January 9, 2017 CAD Number Data Rcvd Time Rcvd Nature o the Com taint 911 OfFense Nu bare Backup L01 - CATALA, DONALD Backup S151 - CHAVKA, DAVIDA Backup - MIMOSA, DIANE Backup S152 - CRUZ, DAVID Backup S150 - SMITH, DAVID E Backup T13 - BRUMMER, DAVID Backup - FRASER, CHRIS Backup 5153 - CURRY, SPENCER Primary 1215 - HAGER, JAMES Backup 1116 - JENSEN, DARREN OFFENSE NUMBER [MCS018OFF005031] ASSIGNED FOR CALLNO [ S4531 IN AGENCY [ MCSO] Disposition Code 2 changed from [D] to [R]. Reason: 5453 3) MCSOISCAD118900 Friday 12:01 pm 26- Aug -2016 WATCH ORDER SECTOR 1, ZONE 1 KEY WEST CHRISTMAS TREE ISLAND - D.C.'s:73 -1, D, 2 -0, 5 Sector: 1 Zone: 1 Grid: 0100 Shipped: 12:01 pm Dispatched: 12:01 pm Enroute: 12:01 pm OnScene: 12:01 pm Closed: 2:13 pm Units Responding: SIFA Primary 1215 - HAGER, JAMES Program/Modified Date: cad24hr Page 2 of 4 3/14/2017 4:39:17PM 3/14/2017 County rl ➢C e - Call History For Period Beginning March 17, 2016 and Ending March 1, 2017 CAD Number Date Rcvd Time Rcvd Nature of the Oom taint 911 Offense Numbers 1) MCS016CAD037747 Thursday 12:06 pm 17- Mar -2016 VESSLSTP N SECTOR 1, ZONE 1 KEY WEST WISTERIA ISLAND - D.C.'s:61 -3, TT, 2 -0, 0 Sector: 1 Zone: 1 Grid: 0100 Shipped: 12:06 pm Dispatched: 12:06 pm Enroute: 12:06 pm OnScene: 12 :06 pm Closed: 12:24 pm Units Responding: SIFA Primary 1215 - HAGER, JAMES R emarks: CODE5 2) MCS016CAD051810 Thursday 1:42 pm 14- Apr -201(3 SUSP VEH SECTOR 1, ZONE 1 KEY WEST WISTERIA ISLAND - D.C.'s:58 -0, D, 2 -0, 0 Sector: 1 Zone: 1 Grid: 0100 Shipped: 1:42 pm Dispatched: 1:42 pm Enroute: 1:42 pm OnScene: 1:42 pm Closed: 2:28 pm Units Responding: Primary fib SIFA 1215 - HAGER, JAMES 3) MCS016CAD065325 Tuesday 9:13 pm 10- May -2016 ASSIST COAST GUARD N MCS0160FF002977 SECTOR 1, ZONE 1 KEY WEST WISTERIA ISLAND - US COAST GUARD (305)292 -8727 D.C.'s:21 -2, R. 2 -1, 0 Sector: 1 Zone: 1 Grid: 0100 Shipped: 9:14 pm Dispatched: 9:18 pm Enroute: 9:18 pm OnScene: 9:18 pm Closed: 2:07 am Units Responding: Dispatched Backup 1201 - LARIZ, DAVID Backup A22 - TORRIJOS, NANCY M Backup 1113 - NEGRON, WENDY Primary - SPEICKER, TINA Backup - COAST GUARD, Remarks: a a Program/Modified Date: cad24hr Page 'I of 17 3/14/2017 4:23:15PM 3/14/2017 Monroe Sheriff's Office - Call History For Period Beginning March 17, 2016 and Ending March 1, 2017 CAD Number Date Rcvd - Rcvd Nature of .. Complaint Offense Numbers POSS SIG 7 ON VESSEL NEAR WISTERIA ISLAND USCG WANTS TO KNOW IF WE CAN ASSIST ORIGINAL RP IS MR SMITH, 305- 923 -0465 CALL STATUS CHANGED FROM [BLANK] TO PHONE CALL. FWC CALLD TO ADV USCG CALLED THEM CALLING KWPD FOR MEDS ON STANDBY KWPD MEDS ON STANDBY REG ON CALL MAJOR CRIMES CALL DIRECT ARR USCG KW CALLD 5475, WILL GO DIRCT W11113 1111, USCG AND KW RESCUE ENR TO VESSEL ONSCENE W/ RESCUE KW RESCUE PRONOUNCED SIG 7 AT 2217 ME 1 1,1011FiED ON THE DOCK ARR USCG STATION ME ONSCENE OFFENSE NUMBER [MCS016OFF002977] ASSIGNED FOR CALLNO [ 11111 IN AGENCY [ MCSO] USCG HAS ROSS NEXT OF KIN CARRIE KAUB 305 -731 -6227 CALLED USCG ADV 5475 OF POSS NEXT OF KIN AND ME ENR TO WYSTERIA WITH USCG CARRIE CALLED IN / REG 5475 TO CALL AS SOON AS AVAIL BACK AT USCG ATTEMPTING TO CALL CARRIE AGAIN CONTACTED CARRIE AND SHE IS NOT INPEY T` OF KIN, SHE IS A. FRIEND 4) MCS016CAD088681 Friday 10:11 am 24- Jun -2016 ASSIST FWC SECTOR 1, ZONE 1 KEY WEST WISTERIA ISLAND - D.C.'s:72 -0, 13,2-1, 0 Sector: 1 Zone: 1 Grid: 0100 Shipped: 10:11 am Dispatched: 10:11 am Enroute: 10:11 am OnScene: 10:11 am Closed: 2:07 pm Units Responding: Dispatched Backup S151 - CHAVKA, DAVID A Primary FWC - FWC, Backup S152 - CRUZ, DAVID Backup S150 -SMITH, DAVID E Backup S153 - CURRY, SPENCER Remarks: Program/Modified Date: r-ad24hr Page 2 of 17 3/14/2017 4:23:15PM 3/14/2017 Monroe ri it History For Period Beginning March 17, 2016 and Ending March 1, 2017 CAD Number Date Rcvd Time Rcvd Nature of the Complaint 911 Offense Numbers ON WATER WITH FWC LEAVING FROM SUNSET MARINA ARR WISTERIA ISLAND ON FOOT /LOOKING FOR 3 SUBJ ON FELONY BATTERY WARRANT C5 CODE 5 NEG CONTACT 1 BACK ON THE BOAT OUT AT TURTLE CRAWLS IN KW I CODE 5 IN SVC FROM TURTLE CRAWLS BACK OUT ON THE WATER ONE IN CUSTODY SWITCHING TO PTL2 HIT CONF REQ SETN, MSG 192 HIT CONF RECVD, MSG 195 SUBJ LOC ON DOC VESSEL# D0511472 FAM SENT, MSG 198 BACKAT SUNSET- ENR TO CIU HQ - WI SUBJ ALL UNITS ARRIVAL HQ TO INTERVIEW THE SUSPECT 150 AND 151 ARE BACK IN SERVICE 152 AND S153 ARE AT HQ INTERVIEW SUSPECT ARR KWJ 5) MCSDIGCAD095890 Friday 8:11 am 08 -Jul -2016 INFORMATIONIINTELLIG N MCS016OFF004403 SECTOR 1, ZONE 1 KEY WEST WISTERIA ISLAND - D.C.'s:37 -0, R,2-1, 0 Sector: 1 Zone: 1 Grid: 0100 Shipped: 8:11 am Dispatched: 8:11 am Enroute: 8:11 am OnScene: 8:11 am Closed: 10:55 am Units Responding: SIFA Backup - CUERVO, MANUEL Backup S450 - LLERA, JUAN Backup S456 - HILL, THOMAS Primary S470 - KELLENBERGER, CHRISTIAN Remarks: MEETING FWC AT 0830 ON TAC1 UNITS ON THE WATER WITH FWC ARR WISTERIA EN BACK TO LAND OFFENSE NUMBER [MCS016OFF004403] ASSIGNED FOR CALLNO [ $4701 IN AGENCY [ CSO] 6) MC8016CAD097709 Tuesday 1:38 pm 12 -Jul -2016 SUSP PER N SECTOR 1, ZONE 1 KEY WEST WISTERIA ISLAND - USCG (305)849 -0758 D.C.'s:58 -0, SA, 2 -0, 0 Sector: 1 Zone: 1 Grid: 0100 Shipped: 1:38 pm Dispatched: 1:58 pm Enroute: 1:58 pm OnScene: 2:23 pm Closed: 2:52 pm Units Responding: Dispatched Primary 1127 - VALDES, LAZARO Remarks: Program/Modified Date: cad24hr Page 3 of 17 3/14/2017 4:23:15PM a a 3/14/2017 County ri eG II History For Period Beginning March 17, 2016 and Ending March 1, 2017 D N um b er Date to " d Nature of ► r! Offense THIRD PARTY SHE 1S RUNING AROUND THE ISLAND AND ACTING CRAZY SHE MIGHT BE OFF HER MEDS POSSIBLE NEEDS BAKERS ACTING USCG CAN TAKE LEO OUT CLOSE TO ISLAND BUT CANT GET TO ISLAND USCG NOT SURE IF WE WANT TO RESPOND SHE WAS RELEASED FROM JAIL EARILER PER RP PER SGT SEND 1127 IN CG BOAT, ENR TO SUSP PER KWPD WI FM AT HALF SHELL RAW BAR CONFIRMING NAME KWPD WILL HANDLE 1127 TO CANX 7) MCS016CAD099360 Saturday 9:49 am 16 -Jul -2016 BURGLARY IN PROGRESS Y MCS0160FF004584 D.C:5. 7 -u, 6, 2 -1, u Sector: I Zone: I Grid: 0100 Shipped: 9:50 am Dispatched: 9:53 am Enroute: 9:53 am OnScene: 10:10 am Closed: 12:31 pm Units Responding: Primary Backup Backup Backup Remarks: Dispatched 1123 - DOWLING, MATTHEW 1127 - VALDES, LAZARO KWPD -KWPD, 1114 - FRICKE, KEN PrograrrVModifled Date: cad24hr Page 4 of 17 3/14/2017 4:23:15PM 3/14/2017 Monroe County Sheriffs Office For Period Beginning March 17, 2016 and Ending March 1, 2017 CAD Number Date Rcvd Time Rcvd Nature of the C0m la° t 991 Offense Numbers 19) MCS016CADIS1526 Friday 1:49 pm 04- Nov -2016 VESSELSTOP SECTOR 1, ZONE 1 KEY WEST WISTERIA ISLAND - D.C.'s:61 -3, TT, 2 -0, 5 Sector: 1 Zone: 1 Grid: 0100 Shipped: 1:49 pm Dispatched: 1:49 pm Enroute: 1:49 pm OnScene: 1:49 pm Closed: 2:02 pm Units Responding: SIFA Primary 1215 - HAGER, JAMES ar 20) MC8016CAD151534 Friday 2:06 pm 04 -Nov -2016 VESSEL STOP SECTOR 1, ZONE 1 KEY WEST WISTERIA ISLAND - D.C.'s:61 -3, TT, 2 -0, 5 Sector: 1 Zone: 1 Grid: 0100 Shipped: 2:06 pm Dispatched: 2:06 pm Enroute: 2:06 pm OnScene: 2:06 pm Closed: 2:16 pm Units Responding: SIFA Primary 1215 - HAGER, JAMES a ProgranVMiodified Date: cad24hr Page 9 of 17 3/14/2017 4:23:15PM 3/14/2017 Monroe County Sheriffs History For Period Beginning March 17, 2016 and Ending March 1, 2017 CAD Number Date Rcvd Time Rcvd Nature of the 2MpWnt 911 Offense Numbers 22) MCS016CADIS4277 Thursday 12:14 pm 10- Nov -2016 VESSELSTOP SECTOR 1, ZONE 1 KEY WEST WISTERIA ISLAND - D.C.'s:61 -3, TW, 2 -0, 5 Sector: 1 Zone: 1 Grid: 0100 Shipped: 12:14 pm Dispatched: 12:14 pm Enroute: 12:14 pm OnScene: 12:14 pm Closed: 12:25 pm Units Responding: Primary SIFA 1215 - HAGER, JAMES 23) MCS016CAD157098 Wednesday 4:20 pm 16- Nov -2016 INVESTIGATION SECTOR 1, ZONE 1 KEY WEST WISTERIA ISLAND - D.C.'s:32 -0, D, 2 -1, 0 Sector: 1 Zone: 1 Grid: 0100 Shipped: 4:20 pm Dispatched: 4:20 pm Enroute: 4:20 pm OnSoene: 4:20 pm Closed: 6:42 pm Units Responding: SIFA Backup S151 - CHAVKA, DAVID Backup - MIMOSA, DIANE Backup KWPD - KWPD, Backup FWC - FWC, Backup S160 - UNDERWOOD, JOHN Backup S152 - CRUZ, DAVID Primary S150 - SMITH, DAVID E Backup T13 - BRUMMER, DAVID Backup S155 - FERNANDEZ, DAVID Backup S153 - CURRY, SPENCER Backup 1215 - HAGER, JAMES Remarks: KW TAC SWITCHING TO PTL2 CALL STATUS CHANGED FROM [BLANK] TO CODE & 24) MCS016CADIS7611 Thursday 10:13 pm 17- Nov -2016 VESSEL STOP SECTOR 1, ZONE 1 KEY WEST WISTERIA ISLAND - D.C.'s:61-3, TT, 2 -0, 0 Sector: 1 Zone: 1 Grid: 0100 Shipped: 10:13 pm Dispatched: 10:13 pm Enroute: 10:13 pm OnScene: 10:13 pm Closed: 10:15 pm Units Responding: SIFA Primary 1215 - HAGER, JAMES R emarks: a a Program/Modified Date: cad24hr Page 10 of 17 3/14/2017 4:23:15PM SECTOR 1, ZONE 1 KEY WEST WISTERIA ISLAND - D.C.'s:61 -3, TT, 2 -0, 0 Sector: 1 Zone: 1 Grid: 0100 Shipped: 10:14 pm Dispatched: 10:14 pm Enroute: 10:14 pm OnScene: 10:14 pm Closed: 10:14 pm Units Responding: SIFA Primary 1215 - HAGER, JAMES 26) MCS016CAD162009 Monday 2:03 pm 28- Nov -2016 WATCH ORDER SECTOR 1, ZONE 1 KEY WEST WISTERIA ISLAND - D.C.'s:73 -1, D, 2 -0, 5 Sector: 1 Zone: 1 Grid: 0100 Shipped: 2:03 pm Dispatched: 2:03 pm Enroute: 2:03 pm OnScene: 2:03 pm Closed: 2:20 pm Units Responding: SIFA Backup FWC - FWC, Primary 1215 - HAGER, JAMES R emarks: 27) MCS016CAD162016 Monday 2:20 pm 28- Nov -2016 VESSEL STOP SECTOR 1, ZONE 1 KEY WEST WISTERIA ISLAND - D.C.'s:61 -3, TV, 2 -1, 0 Sector: 1 Zone: 1 Grid: 0100 Shipped: 2:20 pm Dispatched: 2:20 pm Enroute: 2:20 pm OnScene: 2:20 pm Closed: 2:32 pm Units Responding: Backup Primary R emarks: SIFA FWC - FWC, 1215 - HAGER, JAMES � l SWITCHING BACK TO PTLI 28) MCS016CAD166673 Friday 12:28 am 09 -Dec -2016 ASSIST COAST GUARD N SECTOR 1, ZONE 1 KEY WEST WISTERIA ISLAND - USCG (305)292 -8727 D.C.'s:25 -1, D, 2 -0, 0 Sector: 1 Zone: 1 Grid: 0100 Shipped: 12:29 am Dispatched: 12:37 am Enroute: 12:37 am OnScene: 12:52 am Closed: 2:18 am Units Responding: Dispatched Primary 1202 - BRADY, JAKE Remarks: PrograrrNodiried Date: cad24hr Page 11 of 17 3/14/2017 4:23:15PM a FEMALE SCREAMING "HELP ME, HELP ME SOUNDS LIKE IT'S COMING FROM THE COVE/BEACH AREA BEEN ONGOING FOR APPROX 10 MINS RP WAS WOKEN UP ON HIS BOAT CALLING USCG KW NAME & PH# OF RP PROVIDED TO USCG USCG WILL CONTACT AND WILLATTEMPTTO GET BETTER LOC ON BOARD WIUSCG (T14 LAN DUNE @ 06:06) CODE 5 CALLING 1216 -LEFT MSG CALLING USCG CODE 5 TWO SUBJECTS ON KAYAKSATTEMPTED CROSSING A CHANNEL WITH HEAVY CURRENT ONE KAYAK CAPSIZED, THE TWO SUBJECTS SWAM TOA NEARBY DINGY WERE RESCUED BY COAST GUARD Disposition Code 6 changed from [0] to [1 ]. Reason:. 30) MCS017CAD006676 Sunday 1:32 pm 15- Jan -2017 VESSEL STOP SECTOR 1, ZONE 1 KEY WEST WISTERIA ISLAND - D.C.'s:61 -3, TT, 2 -0, 0 Sector: 1 Zone: 1 Grid: 0100 Shipped: 1:32 pm Dispatched: 1:32 pm Enroute: 1:32 pm OnScene: 1:32 pm Closed: 1:46 pm Units Responding: S1FA Primary 1215 - HAGER, JAMES R emarks: CODE 5 Program/Modified Date: cad24hr Page 12 of 17 3/14/2017 4:23:15PM 3/1412017 Sheriff's is History For Period Beginning March 17, 2016 and Ending March 1, 2017 CAD Number Date Rcvd Time Rcvd Nature of the Complaint 911 Offense Numbers 31) MCS017CAD006682 Sunday 1:46 pm 15- Jan -2017 VESSELSTOP SECTOR 1, ZONE 1 KEY WEST WISTERIA ISLAND - D.C.'s:61 -3, TW, 2 -0, 0 Sector: 1 Zone: 1 Grid: 0100 Shipped: 1:46 pm Dispatched: 1:46 pm Enroute: 1:46 pm OnScene: 1:46 pm Closed: 1:53 pm Units Responding: S IFA Primary 1215 - HAGER, JAMES 32) MCS017CAD006694 Sunday 2:14 pm 15- Jan -2017 VESSEL STOP SECTOR 1, ZONE 1 KEY WEST WISTERIA ISLAND - D.C.'s:61 -3, TW, 2 -0, 5 Sector: 1 Zone: 1 Grid: 0100 Shipped: 2:14 pm Dispatched: 2:14 pm Enroute: 2:14 pm OnScene: 2:14 pm Closed: 2:40 pm Units Responding: SIFA Primary 1215 - HAGER, JAMES .7-71 IT. a Program Modihed Date: cad24hr Page 13 of 17 3/14/2017 4:23:15PM 3/14/2017 Monroe County Sheriff's i - Call History For Period Beginning March 17, 2016 and Ending March 1, 2017 CAD Number Date RC d Time RcVd Nature of the Orn l arat 911 Offense Numbers 34) MGS017CAD008274 Thursday 5:22 am 19- Jan -2017 ASSIST COAST GUARD N SECTOR 1, ZONE 1 KEY WEST WISTERIA ISLAND - USCG (305)292 -8727 D.C.'s:25 -1, D, 2 -1, 0 Sector: 1 Zane: 1 Grid: 0100 Shipped: 5:22 am Dispatched: 5:24 am Enroute: 5:24 am OnScene: 5:24 am Closed: 6:38 am Units Responding: SIFA Primary 1127 - VALDES, LAZARO Backup 1201 - LARIZ, DAVID Backup R72 - LA POMPE, SALISHA r, G, ONLY VERBAL WAS REPORTED TD 10 MINS FOR CALL REPORTED TO HAVE BEEN GOING ON FOR A COUPLE HOURS CALL STATUS CHANGED FROM [BLANK) TO DND. ADV USCG THAT WE HAVE NO UNITS ON THE WATER - WE MAY NEED THEIR ASSISTANCE TO GET OUT TO THE ISLAND ALSO INFORMED UNSURE OF RESPONSE TIME DUE TO SHIFT CHANGE WITHIN 30 MINS USCG WILL CHECKTO SEE IF THEY HAVE ANY UNITS THAT CAN RESPOND - WILL CALL BACKAPROXX 5 MINS USCG CALLED BACK COMPLAINT TYPE CHANGED FROM: [DOMESTIC :ALR OCCR'DIDND] TO: [ASSIST COAST GUARDI] CALL STATUS CHANGED FROM DND TO [BLANK]. CALL PRIORITY CHANGED FROM 2 TO 3 CALL STATUS CHANGED FROM [BLANK] TO PHONE CALL. PERSON THE REPORTED INCIDENT TO USCG SAID THEY HEARD GLASS BREAKING USCG IS WILLING TO LAUNCH IF MSCO CAN RESPOND WITH THEM ADVAI WILL GO DIRECT FOR CONFIRMATION PER 1210, AFTER SPEAKING WITH 1112 HE WILLASSIGN 1127 TO HANDLE WHEN HE COMES ON DUTY CODE VERBAL ONLY SWITCHING TO PTL2 SWITCHING BACK TO PTL1 C6 Program/Modified Date: cad24hr Page 14 of 17 3/14/2017 4:23:15PM 3/14/2017 Monroe t i ce - Call H ist For Period Beginning March 17, 2016 and Ending March 1, 2017 1! Number Date R cvd Time Rcvd Nature of the Complaint 11-11 Ok� rs 36) MCS017CAD011846 Thursday 8:49 pm 26-Jan-2017 DISTURB IN SECTOR 1, ZONE 1 KEY WEST WISTERIA ISLAND - ANDZELIC (305)292 -8727 D.C.'s:25 -0, W, 2 -0, 0 Sector: 1 Zone: 1 Grid: 0100 Shipped: 8:49 pm Dispatched: 8:51 pm Enroute: 8:51 pm OnScene: 8:51 pm Closed: 8:59 pm Units Responding: Dispatched Primary 1115 - LOPEZ, ANTHONY Backup 1128 - DAVIS, ALEXANDRA R emarks. GUEST NAME OF VESSEL WHERE DISTURBANCE IS TAKING PLACE COASTGUARDADV'ED ADV 1101 ADAM (216) 970 -2202 HAS NO CHARGE AND IS GOING STRAIGHT TO VOICEMAIL ARRIVAL BY PHONE 3RD CALLER CALLED AND SAID THERE WAS A DISTRRBANCE ON BOAT BY HIM COASTGUARD IS NOT TAKING ACTION AT THIS TIME SPOKE W OFC. ANDZELIC STATED NOT TAKING ANYACTION DUE TO NOT ENOUGH INFO CALL DROPED AND CANNOT GET INTOUCH WITH RP WILLADVISE IF FURTHER INFORMATION IS RECEV. AND IF NEEDS A DEPUTY TO ASSIST PER FWC RADIO THEY HAVE BEEN ADVISED 37) MCS017CAD012104 Friday 12:10 pm 27 -Jan -2017 ADMINISTRATIVE N SECTOR 1, ZONE 1 KEY WEST WISTERIA ISLAND - 1215 D.C.'s: 1 -0, D,2-0, 0 Sector: 1 Zone: 1 Grid: 0100 Shipped: 12:10 pm Dispatched: 12:11 pm Enroute: 12:11 pm OnScene: 12:18 pm Closed: 4:26 pm Units Responding: Primary S1FA 1215 - HAGER, JAMES L AND'VE CALL RESERVE DEP H HAMILTON AND 1 KWPD DIVER 38) MCS01 7CAD01 6612 Monday 12:33 pm 06- Feb -2017 VESSEL STOP SECTOR 1, ZONE 1 KEY WEST WISTERIA ISLAND - D.C.'s:61-3, TT, 2 -1, 0 Sector: 1 Zone: 1 Grid: 0100 Shipped: 12:33 pm Dispatched: 12:33 pm Enroute: 12 :33 pm OnScene: 12:33 pm Closed: 12:46 pm Units Responding: SIFA Primary 1215 - HAGER, JAMES R emarks: a a PrograrWModified Date: oad24tir Page 15 of 17 3/14/2017 4:23:15PM 3/14/2017 County h i trs Office _ IV History For Period Beginning March 17, 2016 and Ending March 1, 2017 CAD Number Date Rcvd Time RcVd Nature of the Complaint Otfanse Numbers 39) MCS017CAD016622 Monday 12:46 pm 06 -Feb -2017 VESSELSTOP SECTOR 1, ZONE 1 KEY WEST WISTERIA ISLAND - D.C.'s:61 -3, TT, 2 -0, 5 Sector: 1 Zone: 1 Grid: 0100 Shipped: 12:46 pm Dispatched: 12:46 pm Enroute: 12:46 pm OnScene: 12:46 pm Closed: 12:59 pm Units Responding: SIFA Primary 1215 - HAGER, JAMES 40) MCS017CAD020197 Tuesday 2:17 am 14- Feb -2017 DOMESTIC -IN PROGRESS N SECTOR 1, ZONE 1 KEY WEST WISTERIA ISLAND - WILKERSON,PAUL (305)942 -1371 D.C.'s:25 -0, W, 2 -1, 0 Sector: 1 Zone: 1 Grid: 0100 Shipped: 2:17 am Dispatched: 2:30 am Enroute: 2:30 am OnScene: 2:30 am Closed: 3 :10 am Units Responding: Dispatched Primary 1211 - DERY, DENISE Backup 1113 - NEGRON, WENDY Backup 1128 - DAVIS, ALEXANDRA MALEAND FEM CALLING USCG MALE IS LANDLINE SAYING A FEM HASA KNIFE ON THE BOAT FEM IS SCREAMING IN THE BACKGROUND "GETAWAY FROM ME" NAME OF THE BOAT IS "THE MAN" MALE RP SAID HE IS TRYING TO GETA NEIGHBOR TO TAKE HER OFF THE BOAT FEM IS BEING BROUGHT TO SCHOONER WHARF BAR IN KEY WEST FEM IS NOW OFF THE BOAT FEM IS DANNY LINK LAST NAME LINK DOB FOSS 42 YOF DISCONNECTED WIUSCG FOR NOW REF NO LONGER LIFE THREATENING RP JUST WANTED HER OFF THE VESSEL CALL STATUS CHANGED FROM [BLANK] TO PHONE CALL. FEM DOESNT LIVE ON THE VESSEL ** *HOLD FOR NEXT AVAILABLE NEG CONTACT WIRP LEFT MESSAGE TO CALL BACK. ATTEMPTED TO CALL BACK SEVERALTIMES WITH NEG CONTACT UNABLE TO LOCATE SAN BARTENDER ADVISED FEMALE WAS NOT DROPPED OFF, NO ONE SEEN IN AREA 41) MC8017CAD022766 Sunday 3:06 pm 19- Feb -2017 VESSEL STOP N SECTOR 1, ZONE 1 KEY WEST WISTERIA ISLAND - D.C.'s:61 -3, TW, 2 -0, 5 Sector: 1 Zone: 1 Grid: 0100 Shipped: 3:06 pm Dispatched: 3:06 pm Enroute: 3:06 pm OnScene: 3:06 pm Closed: 3:14 pm Units Responding: SIFA Primary 1215 - HAGER, JAMES Remarks: Program/Modified Date: cad24hr Page 16 of 17 3/14/2017 4:23:15PM 3/14/2017 Monroe County Sheritf s. Office - Call History For Period Beginning March 17, 2016 and Ending March 1, 2017 CAD Number Date Rcvd Time Revd Nature of the Complaint 91-1 Offense Numbers CODE 5 42) MCS017CAD022770 Sunday 3:14 pm 19-Feb-2017 VESSEL STOP Y D.C. s. 61-3 - F%v, 2-0, 5 Sector: 1 Zone: 1 Grid: 0100 Shipped: 3:14 pm Dispatched: 3:14 pm Enroute: 3:14 pm OnScene: 3:14 pm Closed: 3:38 pm 0 r_ 0 Units Responding: SIFA Primary 1215 - HAGER, JAMES 0 Remarks: U) (v w CODE SWITCHING TO PTL2 43) MCS017CAD023163 Monday 1:20 pm 20-Feb-2017 VESSEL STOP "u) SECTOR 1, ZONE I KEY WEST WISTERIA ISLAND - 0 D.C.'s:61-3, TV, 2-0, 5 Sector: 1 Zone: 1 Grid: 0100 Shipped: 1:20 pm Dispatched: 1:20 pm Enroute: 1:20 pm OnScene: 1:20 pm Closed: 1:43 pm Units Responding: SIFA U Primary 1215 - HAGER, JAMES Remarks: CL CODES co CODE CODE TV X 2 0 CL 44) MCS017CAD027190 Wednesday 8:21 am 01-Mar-2017 CRIM MISCHIEF N SECTOR 1, ZONE 1 KEY WEST WISTERIA ISLAND - ROGER,MIKE (478)396-7884 D.C.'s:13-0, V, 2-0, 0 Sector: 1 Zone: 1 Grid: 0100 0 U) Shipped: 8:22 am Dispatched: 8:23 am Enroute: OnScene: Closed: 4:05 pm Units Responding: Dispatched Primary 1127 -VALDES, LAZARO E Remarks: LINE CUT ON SUNDAY AND THEN MONDAY SOMEONE CUT TWO OTHER LINES THEN TIED TO BOAT OFF TO THE ISLAND AND ALSO STOLE THE GENERATOR BOAT IS ON THE ISLAND STILL HE IS STILL ON WATER PrograrrdModified Date: cad24hr Page 17 of 17 3114/2017 4:23:15PM m # Case: 1 S-11771 Date Filed: 03/28/2016 Page: I of 2S [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 15 -11771 D.C. Docket No. 4:12 -cv- 10072 -JEM F.E.B. CORP., a Florida corporation, Plaintiff - Appellant, versus UNITED STATES OF AMERICA, Defendant - Appellee Appeal from the United States District Court for the Southern District of Florida (March 28, 2016) Before WILSON, JULIE CARNES, and EBEL, Circuit Judges. EBEL, Circuit Judge: Honorable David M. Ebel, United States Circuit Judge for the Tenth Circuit, sitting by designation. Case: 1 S-11771 Date Filed: 03/28/2016 Page: 2 of 2S Plaintiff - Appellant F.E.B. Corp. ( "F.E.B. ") brought this action against Defendant - Appellee United States ( "the government ") seeking to quiet title to a spoil island just off Key West, Florida. Because we find that the Quiet Title Act's statute of limitations has run, see 28 U.S.C. § 2409a(g), we AFFIRM the district court's dismissal of the action for lack of subject matter jurisdiction. I. BACKGROUND The island in question, known as Wisteria Island (or "the island "), is situated in the Gulf of Mexico, less than a mile off the coast of Key West, Florida. It is not a natural island, but rather was formed as a result of dredging operations performed under the auspices of the United States Navy ( "Navy ") in nearby Key West Harbor during the first half of the nineteenth century. As Navy contractors deepened the channels in the harbor to improve shipping and aviation access, they deposited the dredged material on a nearby plot of submerged land. The accumulations eventually rose above sea level. A substantial dredging project in 1943 made the thirty- nine -acre (later- named) Wisteria Island what it is today.' In 1951, the state of Florida issued notice of its intention to sell Wisteria Island. The United States objected to the sale of the island on the grounds that the 1 Although the parties dispute whether Wisteria Island first came into existence in the 1920s or 1940s, that dispute is immaterial to the statute of limitations question. 2 Case: 1 S-11771 Date Filed: 03/28/2016 Page: 3 of 2S island belonged to the United States. In a letter to the state, the United States traced its ownership of the island and surrounding area to an 1819 treaty with Spain, as confirmed by subsequent 1845 and 1924 Executive Orders. The United States concluded, "In view of the foregoing [Florida is] informed that the Department of the Navy considers ... the spoil area in question as being the property of the United States. It is, therefore, requested, that no further action be taken ... to dispose of the spoil area in question by sale or otherwise." (Doc. I- -32.) In his own letter to the state, Florida's attorney general acknowledged the United States' claim, but expressed doubt as to its validity, opining: I am unable to state definitively whether or not the Navy's claim is valid. However, I do think that the claim is debatable enough and so shrouded in antiquity that I think the best course would be for [Florida] to complete the sale and explain the Navy's claim to [the buyer] and allow him to accept the ... deed at his own risk.... In this manner we can get the question of title settled one way or other in case the Navy decides to litigate with him. (Doc. 1 -33.) Accordingly, in 1952, Florida sold the island to a private party via a quitclaim deed that contained no warranties of title. One year later, Congress enacted the Submerged Lands Act ( "SLA "), 43 U.S.C. §§ 1301 -1315, which, broadly speaking, granted the states ownership of submerged lands within three miles of their coastlines, subject to certain 3 Case: 1 S-11771 Date Filed: 03/28/2016 Page: 4 of 2S exceptions. In the years that followed, the United States did not reassert its claim to Wisteria Island. Title passed from private owner to private owner until F.E.B acquired the island in 1967. The federal government appeared to acquiesce to F.E.B.'s ownership, and even entered into licensing agreements with F.E.B. to use the island as a Navy training ground from 2004 to 2006. In 2011, however, the United States once again asserted ownership over Wisteria Island. F.E.B. filed this suit under the Quiet Title Act ( "QTA "), 28 U.S.C. § 2409a, to establish ownership of the island. F.E.B. argues that it owns the island pursuant to the SLA and Florida law. The district court, however, did not reach the merits of F.E.B.'s SLA claim in this quiet title action. On cross - motions for summary judgment, the district court found that the QTA's statute of limitations had run, and accordingly dismissed the suit for lack of subject matter jurisdiction. F.E.B. now appeals. II. DISCUSSION "We review a district court's application of a statute of limitations and its grant of summary judgment de novo. McCaleb v. A.O. Smith Corp. 200 F.3d 747, 750 (11th Cir. 2000). "Summary judgment is appropriate when there are no genuine issues of material fact and the movant is entitled to judgment as a matter 2 F.E.B. contends the government's renewed interest in the island was precipitated by the unsanctioned actions of two low -level employees sympathetic to activists opposing development of the island. Be that as it may, it would be immaterial to the statute of limitations question. M Case: 1 S-11771 Date Filed: 03/28/2016 Page: S of 2S of law." Id. In this case, the parties agree that there are no material factual issues in dispute and, consequently, that the statute of limitations question may be decided as a matter of law. A. The QTA This case is animated by the intersection of two federal statutes: the Quiet Title Act and the Submerged Lands Act. We begin with the QTA. "The QTA ... waives the United States'[] sovereign immunity and `permits plaintiffs to name it as a party defendant in civil actions to adjudicate title disputes involving real property in which the United States claims an interest."' McMaster v. United States 177 F.3d 936, 939 (1 lth Cir. 1999) (quoting Block v. N. Dakota ex rel. Bd. of Univ. & Sch. Lands 461 U.S. 273, 276 (1983) (internal alteration omitted)); see 28 U.S.C. § 2409a(a) ( "The United States may be named as a party defendant in a civil action under this section to adjudicate a disputed title to real property in which the United States claims an interest .... "). As such, it "provide[s] the exclusive means by which adverse claimants [can] challenge the United States' title to real property." Block 461 U.S. at 286. The QTA has a twelve -year statute of limitations, which is triggered when the plaintiffs QTA action first accrues. See 28 U.S.C. § 2409a(g) ( "Any civil action under this section ... shall be barred unless it is commenced within twelve I btf ;f 6. 36 !!!!!EbJ ! e;f14 127!!!!! hf ;f7fp 36! years of the date upon which it accrued. "). A QTA action accrues when "the plaintiff or his predecessor in interest knew or should have known of the claim of the United States" to the real property at issue. Id. The Supreme Court has twice concluded that, because the statute of limitations circumscribes the scope of the QTA's waiver of sovereign immunity, compliance with the limitations period is jurisdictional. See United States v. Mottaz 476 U.S. 834, 841 (1986) ( "When the United States consents to be sued, the terms of its waiver of sovereign immunity define the extent of the court's jurisdiction. "); Block 461 U.S. at 292 ( "If North Dakota's suit is barred by [the QTA statute of limitations], the courts below had no jurisdiction to inquire into the merits. "); see also Bank One Texas v. United States 157 F.3d 397, 403 (5th Cir. 1998). For the same reason, the limitations period "must be strictly observed," and courts "must be careful not to interpret it in a manner that would `extend the 3 Our conclusion is consistent with the Supreme Court's recent holding in United States v. Kwai Fun Wong 135 S. Ct. 1625 (2015). In that case, the Supreme Court established a rebuttable presumption that equitable tolling applies to statutes of limitation for suits against the federal government unless (1) Congress has "clearly stated" that a time limit is jurisdictional or (2) stare decisis requires adherence to the Supreme Court's past determination that a time limit is jurisdictional. See id. at 1630 -32, 1635 -36 (relying on Irwin v. Dep't of Veterans Affairs 498 U.S. 89, 95 -96 (1990) (establishing the presumption) and John R. Sand & Gravel Co. v. United States 552 U.S. 130, 137 -39 (2008) (applying stare decisis to decide whether a time limit was jurisdictional)). Pursuant to Kwai emphasis on stare decisis principles, we adhere to the Supreme Court's previous treatment of the QTA statute of limitations as jurisdictional. See Mottaz 476 U.S. at 841, 843; Block 461 U.S. at 287 -88, 292. D r a? a Case: 1 S-11771 Date Filed: 03/28/2016 Page: 7 of 2S waiver beyond that which Congress intended."' Block 461 U.S. at 287 (quoting United States v. Kubrick 444 U.S. 111, 117 -18 (1979)). Accordingly, courts have consistently held that the QTA's statute of limitations standard "does not require the government to provide explicit notice of its claim" in order for the statute of limitations to begin running. Spirit Lake Tribe v. N. Dakota 262 F.3d 732, 738 (8th Cir. 2001). "The government's claim need not be `clear and unambiguous,"' and "[k]nowledge of the claim's full contours is not required." Id. (quoting first N.D. ex rel. Bd. of Univ. & Sch. Lands v. Block 789 F.2d 1308, 1313 (8th Cir. 1986), then Knapp v. United States 636 F.2d 279, 283 (10th Cir. 1980)). Rather, "[a]ll that is necessary is a reasonable awareness that the Government claims some interest adverse to the plaintiff's." Id. (quoting Knapp 636 F.2d at 283); see also Kingman Reef Atoll Invs., LLC v. United States 541 F.3d 1189, 1198 (9th Cir. 2008) (same); Cheyenne Arapaho Tribes v. United States 558 F.3d 592, 595 (D.C. Cir. 2009) (same). Moreover, the merits of the government's claim are irrelevant: "Even invalid government claims trigger the QTA limitations period." Spirit Lake 262 F.3d at 738; see also Richmond, Fredericksburg & Potomac R.R. Co. v. United States 945 F.2d 765, 769 (4th Cir. 1991) ( "The crucial issue in the statute of limitations inquiry is whether the plaintiff had notice of the federal claim, not whether the claim itself is valid. ") 7 Case: 1 S-11771 Date Filed: 03/28/2016 Page: 8 of 2S In this case, it is undisputed that the state of Florida, F.E.B.'s predecessor in interest, had actual knowledge of the United States' claim to the island in 1951 The United States' 1951 letter objecting to Florida's intention to sell the island plainly set forth the Navy's claim of ownership over the island: The letter traced the United States' ownership of the spoil area to an 1819 treaty with Spain, and informed Florida "that the Department of the Navy considers ... the spoil area in question as being the property of the United States." (Doc. 1 -32.) Such an explicit and unambiguous assertion of a property interest more than meets the QTA's accrual requirements. See Knapp 636 F.2d at 283; Spirit Lake 262 F.3d at 738 Beyond that, Florida's actual knowledge of the federal government's claim is evidenced by the Florida attorney general's letter to the state agency attempting to sell the island. The letter acknowledged the Navy's claim, but nonetheless urged the agency to "complete this sale and explain the Navy's claim to [the buyer] and allow him to accept the ... deed at his own risk.... In this manner we can get the question of title settled one way or [the] other in case the Navy decides to litigate with him." (Doc. 1 -33.) The fact that Florida duly issued the original private buyer only a quitclaim deed, with no warranties of title, further establishes Florida's awareness of the federal government's claimed interest. Because F.E.B.'s predecessor in interest had actual knowledge of the United States' claim n . btf ;f 6. 36 !!!!!EbJ ! e;f14 127!!!!! hf ;!: !p d36! to the real property at issue in 1951, F.E.B.'s QTA claim expired in 1963 —well before initiation of this suit. See 28 U.S.C. § 2409a(g). Therefore, the district court was correct to dismiss the case for lack of subject matter jurisdiction. B. The SLA F.E.B. contends that, although the QTA's limitations period may have been triggered in 1951, the period did not expire, because the intervening passage of the SLA countervailed the United States' 1951 assertion of ownership. Congress enacted the Submerged Lands Act, 43 U.S.C. §§ 1301 -1315, in 1953 in reaction to the Supreme Court's ruling in United States v. California (California I) , 332 U.S. 19 (1947), which held that the United States —not the states —had "paramount sovereign rights" to submerged lands seaward of the states' coasts. See United States v. Alaska 521 U.S. 1, 5 -6 (1997). The SLA counteracted that holding, and instead "grant[ed] States submerged lands beneath a 3 -mile belt of the territorial sea." Id. at 35; see 43 U.S.C. § 1311(a), (b)(1) ( "confirm[ing]" and "establish[ing]" states' "title to and ownership of the lands beneath navigable waters within [their] boundaries" and "releas[ing] and 4 That F.E.B.'s cause of action both arose and expired before the QTA was enacted in 1972 is of no legal moment: "The legislative history is clear that Congress intended to foreclose totally any suit on claims that accrued more than twelve years prior to the effective date of the QTA." Block 461 U.S. at 286 n.23; see also Knapp 636 F.2d at 282 (rejecting "the argument that an action under section 2409a cannot accrue before Congress created the right in 1972 to bring such actions "); Grosz v. Andrus 556 F.2d 972, 975 (9th Cir. 1977) (same). 9 bt f ;f 6. 36 !!!!!EbJ ! e;f14 127!!!!! hf ;f 1 fp 36! relinquish[ing] ... all right, title, and interest of the United States ... in and to all said lands "), § 1312 (defining states' boundaries as reaching three miles seaward from their coastlines); § 1301(a)(3) (defining "lands beneath navigable waters" to include "all filled in, made, or reclaimed lands which formerly were lands beneath navigable water") . 5 Not all submerged (or formerly submerged) lands within that boundary, however, fall within the SLA. The SLA contains numerous exceptions, including, for example, lands actually occupied by the United States under claim of right, lands acquired by eminent domain, and, of particular relevance here, " all lands filled in, built up, or otherwise reclaimed by the United States for its own use. 43 U.S.C. § 1313(a) (emphasis added) . 5 Even though Wisteria Island had been built up above sea level by the time the SLA was enacted, the parties agree that, unless an exception applies, the island falls within the SLA's definition of submerged lands. See 43 U.S.C. § 1301(a)(3) (defining submerged lands to include "all filled in, made, or reclaimed lands which formerly were lands beneath navigable waters "). 6 In full, the exceptions include: (a) [A]II tracts or parcels of land together with all accretions thereto, resources therein, or improvements thereon, title to which has been lawfully and expressly acquired by the United States from any State or from any person in whom title had vested under the law of the State or of the United States, and all lands which the United States lawfully holds under the law of the State; all lands expressly retained by or ceded to the United States when the State entered the Union (otherwise than by a general retention or cession of lands underlying the marginal sea); all lands acquired by the United States by eminent domain proceedings, purchase, cession, gift, or otherwise in a proprietary capacity; all lands filled in, built up, or otherwise reclaimed by the United States for its own use and any rights the United States has in lands presently and actually occupied by the United States under claim of right; 10 r a HE 1 F.E.B. argues that the generic language in the SLA abandoned the federal government's previously- expressed claim to the (formerly submerged) Wisteria Island, which in turn effectively reset the QTA's statute of limitations period for that island. A few of our sister circuits, in other contexts not involving the SLA, have accepted the possibility that the government's express abandonment of a claim can prevent a previously- triggered QTA's limitations period from expiring (although no case that has come to our attention has found that abandonment in fact occurred). See Spirit Lake Tribe 262 F.3d at 739; Kingman 541 F.3d at 1199 -1201; Cheyenne Arapaho 558 F.3d at 597; c£ Rio Grande Silvery Minnow (Hybognathus amarus) v. Bureau of Reclam. 599 F.3d 1165, 1186 (10th Cir. 2010) (assuming, " without definitively deciding," that abandonment could reset the limitations period). The bar for showing such abandonment, however, is high. It is well - established that "the federal government cannot abandon property absent an affirmative act authorized by Congress." Int'1 Aircraft Recovery, LLC v. Unidentified, Wrecked & Abandoned Aircraft 218 F.3d 1255, 1258 (11th Cir. (b) such lands beneath navigable waters held, or any interest in which is held by the United States for the benefit of any tribe, band, or group of Indians or for individual Indians; and (c) all structures and improvements constructed by the United States in the exercise of its navigational servitude. 43 U.S.C. § 1313 (emphasis added). 11 HE 1 2000). Moreover, "officers who have no authority at all to dispose of Government property cannot by their conduct cause the Government to lose its valuable rights by their acquiescence, laches, or failure to act." California I , 332 U.S. at 40. Accordingly, our sister circuits have consistently held that, for purposes of the QTA statute of limitations, the United States will be deemed to have abandoned a claim of ownership only if (1) "it clearly and unequivocally abandons its interest," as evidenced by (2) sufficiently formal "documentation from a government official with authority to make such decisions on behalf of the United States." Kingman 541 F.3d at 1201 (internal quotation marks omitted); see also Rio Grande 599 F.3d at 1186 (same); Spirit Lake 262 F.3d at 739 (same); Cheyenne Arapaho 558 F.3d at 597 (same). We have no difficulty concluding that the SLA does not rise to the level of the "clear and unequivocal" abandonment of the government's interest in Wisteria Island necessary to reset the QTA statute of limitations.' The SLA only "release[d] and relinquishe[d]" the United States' interest in submerged lands "except as otherwise reserved [t]herein." 43 U.S.C. § 1311(b). One such reservation excepts from the SLA " all lands filled in, built up, or otherwise reclaimed by the United States for its own use. Id. § 1313(a) (emphasis added). 7 Of course, because the SLA was passed by Congress, the second prong is met. See Alabama v. Texas 347 U.S. 272, 273 (1954) (per curiam) (holding that the SLA was a constitutional exercise of Congress's power to dispose of the United States' property). 12 HE 1 Wisteria Island's origin is undisputed: It was built up by Navy contractors, who used the land for the government's purpose and benefit of storing fill accumulated from nearby dredging operations. 8 Thus, the plain language of the SLA refutes F.E.B.'s argument that the SLA clearly and unequivocally conveyed title in Wisteria Island to the neighboring state of Florida. Consequently, the statute of limitations period to challenge the federal government's ownership of Wisteria Island continued running in the wake of the SLA, and expired long before F.E.B filed this action. C. F.E.B.'s Arguments We find F.E.B.'s multifarious arguments to the contrary unpersuasive. 1. For the United States' "own use" First, F.E.B. argues the exception does not apply because the United States did not build up or fill in the island "for its own use," 43 U.S.C. § 1313(a). Rather, F.E.B. contends, the United States created Wisteria Island incidentally, for the sole purpose of storing the fill that created it, and never used it for anything else. Of course, in ruling on the statute of limitations question, we do not dispositively rule on the merits of F.E.B.'s SLA claim, including as to whether using the island as a place to store fill constitutes "use" under the relevant SLA exception. See Mottaz 8 It is also undisputed that Florida, F.E.B.'s predecessor, had actual knowledge of how the island was created. 13 HE 1 476 U.S. at 851 ( "The limitations provision of the Quiet Title Act reflects a clear congressional judgment that the national public interest requires barring stale challenges to the United States' claim to real property, whatever the merits of those challenges. "). For statute of limitations purposes, the crucial issue is whether the SLA clearly and unequivocally abandoned the United States' interest in the island. It is well - established —and was well - established when the SLA was enacted —that grants of federal property are construed strictly in favor of the United States. See Alaska 521 U.S. at 34 -35; United States v. Union Pac. R.R. Co. 353 U.S. 112, 116 (1957) (applying "the established rule that land grants are construed favorably to the Government, that nothing passes except what is conveyed in clear language, and that if there are doubts they are resolved for the Government, not against it. ") (citing Caldwell v. United States 250 U.S. 14, 20 (1919)). Given that rule of construction, the circumstances of Wisteria Island's creation hew closely enough to the "for its own use" exception to the SLA to preclude a finding that the SLA clearly and unequivocally abandoned the federal government's interest in that island. That conclusion comports with the Supreme Court's only treatment of the exception.' See California ex rel. State Lands Comm'n v. United States 9 In addition, the conclusion is consistent with the SLA's legislative history, which shows that Congress added the exception in response to the Navy's concern that the SLA would strip it of 14 HE 1 (California II) 457 U.S. 273, 287 (1982). In California II , the Supreme Court stated in dicta that the SLA exception for land built up by the United States "for its own use" would apply to coastline that had slowly accreted after the United States constructed jetties nearby, even though the accretion was inadvertent, and the resulting coastline had remained barren and unused for the first eighty years of its existence. Id. at 275 -76, 287. That result, the Supreme Court reasoned, "follow[ed] from the congressional object to assure each sovereign the continuing benefit of landfill and like work performed by each. " Id. at 287. Wisteria Island surely was both created and used for a more functional purpose than the inadvertent accretions at issue in California II . Although F.E.B.'s predecessors did not have the benefit of California II , as discussed above, even the SLA's plain language put them on notice that the cloud on the island's title remained unresolved. The SLA did not abandon the United States' interest in the island for purposes of the QTA statute of limitations. submerged lands that it had "improved." See Submerged Lands: Hearings on S.J. Res. 13, S. 294, S. 107, S. 107 Amend. Before the S. Comm. on Interior and Insular Affairs 83rd Cong. 544 -556 (1953) (statement of Robert B. Anderson, Secretary of the Navy). The Navy specifically listed "fill" as one of the "improvements" at Key West Naval Station that it sought to shield from the SLA. Id. at 547, 549 -50. 10 Although California II 's discussion of the exception is dicta, "there is dicta ... and then there is Supreme Court dicta." Schwab v. Crosby 451 F.3d 1308, 1325 (11th Cir. 2006). We have consistently recognized that "dicta from the Supreme Court is not something to be lightly cast aside," id. (quotation marks omitted), but rather is of "considerable persuasive value," United States v. City of Hialeah 140 F.3d 968, 974 (11th Cir. 1998). 15 r a? a HE 1 2. Actions by federal employees Second, F.E.B. points to subsequent actions by various federal employees appearing to affirm Florida's ownership of Wisteria Island: For instance, a 1956 internal memo by the Chief of the Bureau of Yards and Docks to the Chief of Naval Operations opined, "[i]t would appear that ... the Navy would have a difficult time in proving that this island was built up for Federal use," and accordingly recommended condemning the island for subsequent federal use (Doc. 67 -1); a 1957 letter by the Navy's District of Public Works Officer requested condemnation appraisals of the island; and 1961 court documents condemning an adjacent island (which may have been created during the same dredging operations that created Wisteria Island) acknowledged that Florida owned and held legal title to the adjacent island prior to the condemnation. It is, however, well - established that internal agency memos or other informal statements by subordinate government employees are not sufficient evidence of abandonment. See Rio Grande 599 F.3d at 1187 ( "[I]ntra- office memoranda, and similar intra - governmental communications do not bind the government, such that they can ... stop the QTA's limitations clock. ") (internal quotation marks omitted); Kingman 541 F.3d at 1200 -01 (agreeing that documents 16 HE 1 evincing only "confusion and mistake on the part of some government employees, as to whether the United States ultimately possessed an ownership interest," did not show abandonment); Spirit Lake 262 F.3d at 740 -42, 44 ( "[T]he QTA limitations period does not stop when government action simply compounds a pre- existing cloud on title. "); Cheyenne Arapaho 558 F.3d at 598. So, too, here: Nothing in the documents F.E.B. identifies amounts to a "clear and unequivocal" abandonment of the United States' claim, and, even if something did, there is no indication that the authors possessed the authority to dispose of government property. See California I , 332 U.S. at 40 ( "[O]fficers who have no authority at all to dispose of Government property cannot by their conduct cause the Government to lose its valuable rights by their acquiescence, laches, or failure to act. "). Not only that, but there is no indication that F.E.B.'s predecessors -in- interest were aware of, let alone relied on, the internal government documents identified by F.E.B. See Rio Grande 599 F.3d at 1184 -85 (disregarding government statements of which the plaintiffs were not aware because "they certainly could not have led [them] to believe that the United States had abandoned its claim "). Finally, the remainder of the government actions on which F.E.B. relies such as the 2004 -2006 licensing agreements to use the island for Navy training exercises —were undertaken long after the statute of limitations had run, and are 17 HE 1 therefore irrelevant. See id. at 1185 (finding actions taken after the limitations period to be irrelevant). For all of those reasons, the actions of subordinate federal employees did not abandon the United States' claim to Wisteria Island. 3. Different government claims Third, F.E.B. contends the statute of limitations has not run because, in opposing F.E.B.'s SLA claim to the island, the United States now asserts a "different claim" to the island than it asserted in 1951. But the interest in real property that the United States asserted in 1951 is the same interest that it asserts in this suit: ownership of Wisteria Island, going back through the entire chain of title to that island. F.E.B.'s predecessors had actual notice of that asserted interest in 1951. It is that interest —not "the subjective intent of the government to enforce [the interest] in the face of changed conditions" —that constitutes the government's "claim" for purposes of the QTA's statute of limitations. Vincent Murphy Chevrolet Co. v. United States 766 F.2d 449, 451 (10th Cir. 1985). Although the SLA created a new legal claim to the island for F.E.B.'s predecessors, it did not abolish their preexisting notice of the United States' asserted interest. See id. at 251 -52 (finding the QTA statute of limitations had run because, although the plaintiffs' cause of action was newly available due to recently changed conditions, the plaintiffs had actual knowledge of the challenged government interest for many years prior). F.E.B.'s predecessors remained on notice notwithstanding the fact that any government opposition to their newly minted SLA claim could implicate defensive legal arguments different from the affirmative claims raised in the government's 1951 letter. See id. at 452 ( "[F]or purposes of determining when `the claim' accrues under § 2409a[(g)], all that is necessary is a reasonable awareness that the government claims some interest adverse to the plaintiffs. ") (internal alteration, quotation marks omitted); Knapp 636 F.2d at 283 ( "Knowledge of the claim's full contours is not required.")." i The QTA's statute of limitations accrues upon notice of the United States' claim —not upon the creation of an adverse claimant's potential cause of action. The United States was not required to reassert its ownership interest after the SLA was enacted in order for the previously triggered limitations period to continue running. See Richmond 945 F.2d at 770 ( "To hold that the limitations period did not begin to run until conditions had changed and the government reasserted its claim would be in effect to extend the limitations period indefinitely, in contravention of Congress's expressed intent. "). 11 See also Rio Grande 599 F.3d at 1176 ( "[T]he starting of the limitations clock is not dependent on the plaintiff knowing the precise nature of the property interest upon which the United States predicates its claim of title. "); Richmond 945 F.2d at 770 ( "Assuming ... [the plaintiff] did not know the exact nature of the government's claim in 1938, it still could not escape the limitations bar, for all that is necessary for accrual is a reasonable awareness that the Government claims some interest adverse to the plaintiff's. ") (internal quotation marks omitted) 19 r a? a HE 1 4. No adverse government action Fourth, F.E.B. contends the statute of limitations has not run because the government did not take action adverse to F.E.B.'s predecessors' interests either before or after the SLA's 1953 enactment. But the plain language of the QTA is clear: The statute of limitations is triggered as soon as a plaintiff acquires actual or constructive notice of the government's claim. See 28 U.S.C. § 2409a(g) ( "[A QTA] action shall be deemed to have accrued on the date the plaintiff or his predecessor in interest knew or should have known of the claim of the United States. "). Courts have consistently declined to require affirmative adverse government action to initiate the limitations period —let alone to keep an initiated period running. See Wisconsin Valley Imp. Co. v. United States 569 F.3d 331, 335 -36 (7th Cir. 2009) ( "The Company contends that the clock does not start until the United States uses land in a way incompatible with the private claim .... This argument is incompatible with the rule ... that it is the private party's knowledge (actual or constructive), rather than the United States' bulldozers or other physical activity, that causes a claim to accrue. "); Long v. Bureau of Reclam. 236 F.3d 910, 915 (8th Cir. 2001) (holding that a plaintiff's action for an easement accrued in 1949 because, "[w]hile [the plaintiffs] use of [the disputed road] to gain access to 20 HE 1 his property was not actually denied until 1988, the government's right to deny access was reasonably clear to his predecessor -in- interest in 1949 "); Richmond 945 F.2d at 770 (holding that the limitations period started when the plaintiff first learned of the disputed covenant, not when the government later attempted to enforce that covenant for the first time). 12 F.E.B.'s reliance on Werner v. United States to argue otherwise is misplaced. See 9 F.3d 1514 (1 lth Cir. 1993). Werner stands for the common sense proposition that the statute of limitations is not triggered by just any government interest in property, but rather only a claimed interest that is inconsistent with— that is, adverse to the plaintiff's asserted interest. See id. at 1516 -17 (finding the plaintiff's QTA action for an easement across government property accrued not when the plaintiff knew the government owned the property in general, but when the plaintiff realized the government claimed title without an access easement). That proposition is most relevant where a plaintiff asserts a nonpossessory interest, such as an easement; after all, in that context "knowledge of a government claim of 12 See also Rosette Inc. v. United States 141 F.3d 1394, 1398 (10th Cir. 1998) ( "[The plaintiff) knew of the United States' interest in 1978 .... The fact that it decided not to contest that interest until a disagreement arose cannot defeat the workings of the statute of limitations. "); Knapp 636 F.2d at 283 (finding that the plaintiff's action accrued when it was first aware of the cloud on its title, not when the government later acted on its claim by approving a survey of the disputed land for the first time); Calif. ex rel. State Land Comm'n v. Yuba Goldfields, Inc. 752 F.2d 393, 397 (9th Cir. 1985) ( "Neither the language of the statute nor the legislative history of the Act requires a showing of adversity ") (emphasis added). 21 r a? a HE 1 ownership may be entirely consistent with a plaintiff's claim." Michel v. United States 65 F.3d 130, 131 -32 (9th Cir. 1995) (holding that the plaintiffs' "claim of access to roads and trails across the refuge did not accrue until [they] knew or should have known the government claimed the exclusive right to deny their historic access to the trails and roads across the refuge ") (citing Werner 69 F.3d at 1516). A contrary rule "would lead to premature, and often unnecessary, suits," as citizens currently enjoying access to government land "would be compelled to sue to protect against the possibility, however remote, that the government might someday restrict [their] access." Id. at 132. Accordingly, courts have widely embraced the proposition that the United States must claim "some interest adverse to the plaintiff's" before a QTA claim accrues for purposes of the statute of limitations. See Rio Grande 599 F.3d at 1176; Cheyenne Arapaho 558 F.3d at 595; Wisconsin Valley 569 F.3d at 334 -35; Kingman 541 F.3d at 1198; Spirit Lake 262 F.3d at 738; Bank One Texas 157 F.3d at 402 n.l l; Richmond 945 F.2d at 770. F.E.B. conflates the requirement for an adverse government interest with a requirement for adverse government action But the two are distinct: Although adverse government action is sufficient to put a plaintiff on notice of a government's claim, it is not necessary. See Wisconsin Valley 569 F.3d at 335- 22 BE 1 36; Long 236 F.3d at 915; Rosette 141 F.3d at 1398; Richmond 945 F.2d at 770; Yuba Goldfields 752 F.2d at 397; Knapp 636 F.2d at 283. Therefore, given that F.E.B.'s predecessor had actual knowledge of the government's claim to ownership of the island, the fact that the government did not affirmatively obstruct its or its successors' use of the island before or after the SLA's enactment does not forestall application of the statute of limitations. 5. Hypothetical consequences Finally, at oral argument, F.E.B. asserted for the first time that a finding of no abandonment by the United States in this case would effectively foreclose the availability of QTA claims for all submerged lands nationwide. F.E.B. arrives at that sweeping conclusion by fashioning a new argument for the government (an argument not asserted by the government itself)— namely, that the Supreme Court's 1947 decision granting the United States "paramount" rights in submerged coastal lands, see California I , 332 U.S. at 38 -39, constituted a "claim" by the United States to all such lands for purposes of the QTA statute of limitations. Starting from that hypothetical premise, F.E.B. contends that, unless the court finds the SLA abandoned all California I "claims," the QTA limitations period on all submerged coastal lands expired long ago. 23 btf ;f 6. 36 !!!!!EbJ ! e;f14 127!!!!! hf ;!3 fp 36! The problem with F.E.B.'s argument is that it is counterfactual. The government does not argue that California I triggered the QTA limitations period for Wisteria Island. Rather, the government asserts that its 1951 letter triggered the limitations period. In that letter, the United States relied not on California I , but instead on its 1819 treaty with Spain, and 1845 and 1924 Executive Orders, to assert ownership over the island. As discussed in Section ILA supra that letter's explicit and unambiguous assertion of a property interest in the island more than meets the QTA's accrual requirements. We therefore have no reason to consider whether California I constituted a "claim" by the United States to Wisteria Islandor submerged lands in general—in order to decide this case. Accordingly, we express no opinion on that issue. Similarly, our holding regarding the SLA's effect on the QTA statute of limitations is narrowly drawn to the facts of this case. Contrary to F.E.B.'s contention, we need not decide whether the SLA in general abandoned preexisting government claims to submerged lands. Rather, we hold only that, given the undisputed and well -known facts of Wisteria Island's creation, the plain language of the SLA exception for lands "built up by the United States for its own use," 43 U.S.C. § 1313(a), gave rise to an open and obvious question as to whether the SLA applied in this case. See supra § ILB. We leave further explication of these issues to future cases. 24 btf ;f 6. 66 !!!!!EbJ ! e;f14 127!!!!! hf ;!36fp 36! III. CONCLUSION For the foregoing reasons, we AFFIRM the district court's dismissal of the case for lack of subject matter jurisdiction. In doing so, we note that the dismissal "does not quiet title to the property in the United States. The title dispute remains unresolved." Block 461 U.S. at 291. 25 6364.1 Closers and restriction orders., 43 C.F.R. § 6364.1 Department Code of Federal Regulations Title 43. Public Lands: Interil Subtitle B. Regulations Relating to Public Lands Chapter 11. Bureau of Land Management, Subchapter H. Recreation Programs Group oo ; . Part 836o. Visitor Services (Refs & Annos) 43 C.F.R. § 8364.1 § 8364.1 Closure and restriction orders. Chi (a) To protect persons, property, and public lands and resources, the authorized officer may issue an order to close or restrict use of designated public lands. (b) Each order shall: (1) Identify the public lands, roads, trails or waterways that are closed to entry or restricted as to use; (2) Specify the uses that are restricted; (3) Specify the period of time during which the closure or restriction shall apply; (4) Identify those persons who are exempt from the closure or restrictions; (5) Be posted in the local Bureau of Land Management Office having jurisdiction over the lands to which the order applies; (6) Be posted at places near and /or within the area to which the closure or restriction applies, in such manner and location as is reasonable to bring prohibitions to the attention of users; (7) Include a statement on the reasons for the closure; and (c) In issuing orders pursuant to this section, the authorized officer shall publish them in the FEDERAL REGISTER. (d) Any person who fails to comply with a closure or restriction order issued under this subpart may be subject to the penalties provided in § 8360.0 -7 of this title. 6364.1 Closers and restriction orders., 43 C.F.R. § 6364.1 SOURCE: 43 FR 40737, Sept. 12, 1978, as amended at 48 FR 36384, Aug. 10, 1983; 54 FR 51031, Dec. 12,1989; 67 FR 68778, Nov. 13, 2002; 75 FR 27454, May 17, 2010, unless otherwise noted. AUTHORITY: 43 U.S.C. 1701 et seq., 43 U.S.C. 315a, 16 U.S.C. 1281c, 16 U.S.C. 670 et seq., and 16 U.S.C. 1241 et seq. Notes of Decisions (25) Current through March 16, 2017; 82 FR 13970.