Item N13 I�`�
County of Monroe
�y,4 ' '�, "tr, BOARD OF COUNTY COMMISSIONERS
County �a� Mayor Michelle Coldiron,District 2
�1 `_ll Mayor Pro Tem David Rice,District 4
-re Florida.Keys ��� � � Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
February 17, 2021
Agenda Item Number: N.13
Agenda Item Summary #7394
BULK ITEM: Yes DEPARTMENT: BOCC District 1
TIME APPROXIMATE: STAFF CONTACT: Lisa Tennyson (305)292-4444
n/a
AGENDA ITEM WORDING: Approval of a resolution in support of Senate Bill 1086 and House
Bill 639, FWC boating bill and additional amendment language addressing long-term anchoring, and
in support of additional State FWC staff and resources to ensure adequate enforcement of existing
and new regulations.
ITEM BACKGROUND:
Monroe County experiences significant challenges with regard to derelict vessels. They pose
navigational and environmental hazards, and they are also costly to remove.
As much of the authority for vessel regulation is pre-empted to the State, the County has for several
years advocated for the strengthening of statutory provisions to prevent and reduce the number of
derelict vessels, including addressing the long-term anchoring of vessels that often leads to
degeneration and ultimately to derelict condition.
Consistent with Monroe County needs and priorities, the Florida Fish and Wildlife Conservation
Commission (FWC) has proposed legislation and subsequent amendment language for consideration
in the 2021 session that includes important new provisions addressing derelict vessel prevention,
enforcement, and removal and vessel anchorage time limits.
Monroe County recognizes this proposed legislation as an important continuation of both State and
local efforts to improve vessel safety, reduce vessel dereliction and illegal marine waste discharges,
and protect our citizens and our environment, and wishes to express its support.
Further, the County recognizes that additional FWC resources are warranted to adequately enforce
existing and proposed rules and regulations to mitigate the proliferation of derelict vessels and
supports the appropriation of the necessary additional State resources to FWC.
PREVIOUS RELEVANT BOCC ACTION: Approval of 2021 Monroe County State Legislative
Agenda.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Reso Supporting Boating Bill Final
Resolution supporting SB 1086 HB 639 FWC Boating Bill
Monroe County Anchoring Limitation Area bill language draft 02.03.2021
Vessels One pager Jan 2021 final2
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:
Bob Shillinger Completed 02/16/2021 1:40 PM
Liz Yongue Completed 02/16/2021 1:44 PM
Board of County Commissioners Pending 02/17/2021 9:00 AM
RESOLUTION NO. -2021
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS IN SUPPORT OF SB 1086/HB 639 AND ADDITIONAL
AMENDMENT LANGUAGE ADDRESSING LONG-TERM ANCHORING,
REFLECTING THE CONTINUING EFFORTS OF FLORIDA FISH AND
WILDLIFE CONSERVATION COMMISSION TO IMPROVE BOATER
SAFETY, REDUCE VESSEL DERELICTION, AND IMPROVE MARINE
SANITATION TO PROTECT OUR NATURAL MARINE RESOURCES,
AND IN SUPPORT OF ADDITIONAL FWC STAFF AND FINANCIAL
RESOURCES TO ADEQUATELY IMPLEMENT EXISTING AND NEW
ENFORCMENT MEASURES,AND PROVIDING AN EFFECTIVE DATE.
WHEREAS the State of Florida is the boating capital of the world with the highest number of
registered recreational vessel in the nation; and
WHEREAS, the State of Florida recognizes the challenges associated with attraction of so
many vessels, including the frequency of boating accidents, a high number of derelict vessels, and
concerns related to the illegal waste discharge of vessels into State waters; and
WHEREAS, the Florida Fish and Wildlife Conservation Commission (FWC) has proposed
legislation and subsequent amendment language for consideration in the 2021 session that includes
important new provisions addressing boater safety, vessel anchorage time limits, derelict vessel
prevention, enforcement, and removal, and marine sanitation; and
WHEREAS the pristine waters of the Florida Keys attracts high numbers of boaters from all
over the State and faces the same challenges of vessel safety, dereliction and sanitation; and
WHEREAS FWC has regulatory authority over the waters of the State, including the regulation
of stored, derelict and abandoned vessels, the establishment of permitted moorings and mooring
fields and marine sanitation; and
WHEREAS, consistent with Statewide goals, Monroe County has for many years worked with
FWC to strengthen statutory provisions to prevent and reduce the number of derelict vessels, by
increasing enforcement mechanisms and addressing long-term anchoring of vessels that often
leads to degeneration and ultimately to derelict condition; and
WHEREAS, Monroe County has implemented within the limits of its local government
authority a number of programs and regulations to address vessel safety, derelict vessels and
marine sanitation; and
WHEREAS, Monroe County operates a derelict vessel program that removes approximately
60 vessels annually at an average annual cost of$240,000; and
WHEREAS, Monroe County has established a "proof of pumpout" requirement and vessel
pumpout program to discourage illegal waste discharges in our surrounding State waters, which
have been designated a no-discharge zone; and
Page 1
WHEREAS, Monroe County worked with FWC to amend Florida Statutes to regulate illegal and
unpermitted moorings to address public safety, environmental degradation, and their direct
contribution to the proliferation of abandoned and derelict vessels; and
WHEREAS,Monroe County worked with FWC by participating in an Anchoring and Mooring
Pilot Program, to explore options for regulating the anchoring or mooring of vessels outside the
marked areas of public mooring fields, to encourage the establishment of additional public
mooring fields, to encourage responsible anchoring and to protect the marine environment: and
WHEREAS, Monroe County recognizes this proposed legislation as an important continuation
of both State and local efforts to improve vessel safety,reduce vessel dereliction and illegal marine
waste discharges, and protect our citizens and our environment; and
WHEREAS, Monroe County recognizes that the adequate implementation of current and
proposed new enforcement measures necessitates increased enforcement staff and financial
resources and strongly supports the appropriation of the necessary State resources to FWC; and
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The Monroe Board of County Commissioners expresses its support for SB 1068/HB 639,
the addition of anchorage limits for Monroe County, the necessary agency resources to implement
enforcement provisions.
Section 2. Directs the Clerk of the Board to transmit a certified copy of this resolution to the
Governor,Senate President,House Speaker,Representative Jim Mooney,Senator Ana Marie Rodriguez,
FWC Executive Director Sutton and members of the Florida Fish and Wildlife Conservation
Commission, and the Secretary of the Florida Department of Environmental Protection.
Section 3. Directs the County's State lobbyists to advocate for the legislative action set forth above,
and authorizes and directs the Director of Legislative Affairs to amend the 2021 State Legislative
Package to include this item.
Section 4. This resolution shall become effective upon adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting held on the 17th day of February, 2021.
Mayor Michelle Coldiron
Mayor Pro Tem David Rice
Commissioner Craig Cates
Commissioner Michael Forster
Commissioner Eddie Martinez
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Page 1 2
BY
Mayor Michelle Coldiron
(SEAL)
ATTEST: KEVIN MADOK, CLERK
DEPUTY CLERK
Approved for form and legal sufficiency by:
Robert B. Shillinger, County Attorney
Robert B• Digitally signed B.
Robert , Shillinger
DN:cn=Robert B.Shillinger,o=Monroe
County BOCC,ou=Monroe County
I
Shillinger Da e:2 21.02.16 1n3 8!09 05'00'
Page 3
327.4108 Anchoring of vessels in anchoring limitation areas.
(1) The following densely populated urban areas, which have narrow state waterways,
residential docking facilities, and significant recreational boating traffic, are designated as
anchoring limitation areas, within which a person may not anchor a vessel at any time during the
period between one-half hour after sunset and one-half hour before sunrise, except as provided in
subsections (3) and (4):
(a) The section of Middle River lying between Northeast 21st Court and the Intracoastal
Waterway in Broward County.
(b) Sunset Lake in Miami-Dade County.
(c) The sections of Biscayne Bay in Miami-Dade County lying between:
1. Rivo Alto Island and Di Lido Island.
2. San Marino Island and San Marco Island.
3. San Marco Island and Biscayne Island.
(2) Monroe County.
(a) Monroe County is designated as an anchoring limitation area, within which a vessel maX
only be anchored in the same location for a maximum of 90 days. The commission shall adopt
rules to implement the provisions of this subsection.
(b) The provisions of this subsection shall not apply in an approved and permitted mooring
field.
(3) Notwithstanding subsections (1) and s4seet: ,, (2), a person may anchor a vessel in an
anchoring limitation area during a time that would otherwise be unlawful:
(a) If the vessel suffers a mechanical failure that poses an unreasonable risk of harm to the
vessel or the persons onboard unless the vessel anchors. The vessel may anchor for 3 business
days or until the vessel is repaired, whichever occurs first.
(b) If imminent or existing weather conditions in the vicinity of the vessel pose an
unreasonable risk of harm to the vessel or the persons onboard unless the vessel anchors. The
vessel may anchor until weather conditions no longer pose such risk. During a hurricane or
tropical storm, weather conditions are deemed to no longer pose an unreasonable risk of harm
when the hurricane or tropical storm warning affecting the area has expired.
(c) During events described in s. 327.48 or other special events, including, but not limited to,
public music performances, local government waterfront activities, or fireworks displays. A
vessel may anchor for the lesser of the duration of the special event or 3 days.
(4) This section does not apply to:
(a) Vessels owned or operated by a governmental entity for law enforcement, firefighting,
military, or rescue purposes.
(b) Construction or dredging vessels on an active job site.
(c) Vessels actively engaged in commercial fishing.
(d) Vessels engaged in recreational fishing if the persons onboard are actively tending hook
and line fishing gear or nets.
(5)(a) As used in this subsection, the term "law enforcement officer or agency" means an
officer or agency authorized to enforce this section pursuant to s. 327.70.
(b) A law enforcement officer or agency may remove a vessel from an anchoring limitation
area and impound the vessel for up to 48 hours, or cause such removal and impoundment, if the
vessel operator, after being issued a citation for a violation of this section:
1. Anchors the vessel in violation of this section within 12 hours after being issued the
citation; or
2. Refuses to leave the anchoring limitation area after being directed to do so by a law
enforcement officer or agency.
(c) A law enforcement officer or agency acting under this subsection to remove or impound
a vessel, or to cause such removal or impoundment, shall be held harmless for any damage to the
vessel resulting from such removal or impoundment unless the damage results from gross
negligence or willful misconduct.
(d) A contractor performing removal or impoundment services at the direction of a law
enforcement officer or agency pursuant to this subsection must:
1. Be licensed in accordance with United States Coast Guard regulations, as applicable.
2. Obtain and carry a current policy issued by a licensed insurance carrier in this state to
insure against any accident, loss, injury,property damage, or other casualty caused by or
resulting from the contractor's actions.
3. Be properly equipped to perform such services.
(e) In addition to the civil penalty imposed under s. 327.73(1)(z), the operator of a vessel
that is removed and impounded pursuant to paragraph (b) must pay all removal and storage fees
before the vessel is released. A vessel removed pursuant to paragraph (b) may not be impounded
for longer than 48 hours.
(6) A violation of this section is punishable as provided in s. 327.73(1)(z).
frelds ptir-stiaf4 to s. 327.4 105.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN
6
VESSELS:
VESSEL PUMP OUT PROGRAM TO PROTECT THE MARINE ENVIRONMENT ,
DERELICT VESSEL PREVENTION AND REMOVAL
PUMP OUT PROGRAM
Monroe County implemented a large-scale mobile vessel pump out service in 2013 to discourage illegal sewage discharges
and assist local and transient boaters in complying with the NDZ by providing free weekly pump outs at no charge.
To protect the coral reef, sea grasses, and pristine waters of the Florida Keys from the discharge of both treated and untreated
vessel sewage,the entirety of the Florida Keys National Marine Sanctuary
was designated a No Discharge Zone (NDZ)in 2010. ;am;
In 2017 the State recognized the contribution to water quality of the
FGORIDA
County's pump out program and passed legislation allowing the County '
to require vessels throughout the entirety of Keys waters to show proof of
pump out.
KeY Wet
Program achievements:
O Performed over 16,000 pump outs in 2020 (163,000 since 2013). 0 mm Florida Keys National Marine Sanctuary Boundary
o Serviced over 700 weekly customers in 2020 (with 4,000 boaters registered in the program since 2013).
o Diverted and properly disposed of 220,000 gallons of vessel sewage (over 2AM gallons diverted since 2013).
o Operated the largest program in the State serving over 100 miles of Keys on both the Gulf and Ocean sides.
Local Commitment:Monroe County uses its local Boating Improvement Funds and secures annual Clean Vessel Act funding.
State Assistance: The State of Florida has always demonstrated strong commitment to protecting the quality of Florida Keys'
waters, and for the past 7 years,the Legislature has appropriated funds to support this program.
➢ SUPPORT a legislative appropriation of$500,000 for Monroe County's vessel pump out program for 2021.
VESSEL DERELICTION PREVENTION AND REMOVAL
Monroe County has the highest number of derelict vessels (DV) in the snapshot ofDezelictVessels in Floridaxeys
State.
Derelict vessels pose significant navigational safety and
environmental impacts.
Monroe County removes approximately 60 vessels each year, at an
average annual cost of$240,000.
Derelict Vessel Reduction/Prevention: Monroe County supports
stronger statutory provisions to help reduce and prevent vessel
dereliction including long-term vessel anchorage and pre-dereliction enforcement and incentives.
Derelict Vessel Removal Funding:Prior to 2019,the State assisted with DV removal costs by distributing to each individual
county an annual allotment of State-wide vessel registration. However,in 2019, the Florida Legislature changed the process
for DV funding, by directing 30% of vessel registration fees into a derelict vessel removal trust fund, authorizing FWC to
administer a grant program through which counties must first apply for and obtain approval to remove a DV before receiving
DV removal funding. The new grant program slows down the removal process, and funding is less stable.
➢ SUPPORT FWC proposed legislation that reduces and prevents derelict vessels, establishes a statewide Derelict Vessel
Prevention Program and implements vessel anchoring time limits.
➢ SUPPORT changes to the FWC Derelict Vessel Grant program to expedite funding for the timely removal of unsafe DVs
and to ensure the continued availability of funding.
Contact: Roman Gastesi,County Administrator,305-292-4441,gostesi-romon@monroecounty-fl.gov
Celia Hitchins,Marine Resources Director,305-289-2505,hitchins-celio@monroecounty-fl.gov
Lisa Tennyson,Legislative Affairs Director,305-292-4444,tennyson-liso@monroecounty-fl.gov
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