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Item J1
BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 15, 2011 Division: Growth Management Bulk Item: Yes _ No X Department: Marine Resources Office Staff Contact Person/Phone #: Richard Jones/289-2805 AGENDA ITEM WORDING: A Report to the Board regarding expenditure of Boating Improvement Funds (BIF), derelict vessel removal procedures, and channel marker maintenance. ITEM BACKGROUND: During the Growth Management staff report at the April 20, 2011 BOCC meeting the Board made inquiries regarding the expenditure of BIF, derelict vessel removal procedures and removal locations, and channel marker maintenance. The Report addresses the various Board inquiries and provides data regarding the use of BIF for programs under the Marine Resources Office. PREVIOUS RELEVANT BOCC ACTION: August 2009- Resolution No. 242-2009 establishing derelict vessel removal procedures CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: N/A TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes _ No AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management _ DOCUMENTATION: Included X Not Required_ DISPOSITION: Revised 7/09 AGENDA ITEM # MEMORANDUM MONROE COUNTY GROWTH MANAGEMENT DIVISION We strive to be caring, professional and fair To: Board of County Commissioners From: Richard Jones, Marine Resources Senior Administrator Date: May 23, 2011 RE: Uses of Boating Improvement Funds The purpose of this memo is to respond to inquiries by the Board of County Commissioners (BOCC), during the Growth Management Director's Staff Report at the April 20, 2011 BOCC meeting, regarding expenditures from Boating Improvement Funds. The following information describes the Boating Improvement Fund (BIF), the derelict vessel removal program, the channel marking program, and BIF expenditures. Boating Improvement Fund Monroe County receives Boating Improvements Fund (BIF) revenue from a portion of annual state recreational vessel registration fees levied in Monroe County (hereafter referred to as State BIF). The State BIF may be used (as described in 328.72 F.S.) for providing recreational channel marking and other uniform waterway markers, public boat ramps, lifts, and hoists, marine railways, and other public launching facilities, derelict vessel removal, and removal of vessels and floating structures deemed a hazard to public safety and health for failure to comply with 327.53 F.S. The cost center budgeted for State BIF (62520) is the primary cost center utilized for derelict vessel and marine debris removal, channel marker maintenance, and public launching facilities. State BIF is also utilized for reimbursement to the municipalities within Monroe County for expenditures allowed under state BIF. In addition to the state BIF revenue, Monroe County imposes an additional annual registration fee (hereafter referred to as County BIF) which is 50% of the applicable state registration fee (however, the first $1 of every registration imposed under this fee is remitted to the state for the Save the Manatee Trust Fund created within the Florida Fish & Wildlife Conservation Commission). The County BIF may be used (as described in 328.66 F.S.) for the patrol, regulation, and maintenance of the lakes, rivers, and waters and for other boating -related activities of such municipality or County. The cost center budgeted for County BIF (62613) is typically utilized for additional purposes that may not be allowed under State BIF, such as pumpout vessel purchase and operational costs, pumpout vessel personnel salary, haulout of vessel waste, boating and waterway related studies, etc. County BIF is also utilized for reimbursement to the municipalities within Monroe County for expenditures allowed under County BIF. The following table indicates BIF revenue for both State BIF and County BIF for the last three fiscal years. 2008 $228,103 $296,084 2009 $229,062 $421,444 2010 1 $254,638 $394,587 Derelict Vessel Program The Monroe County Marine Resources Office has traditionally been the government entity to remove and dispose of derelict and abandoned vessels in the Keys. The Marine Resources Office coordinates removal and disposal activities with FWC, as well as other local, state and federal enforcement agencies. Derelict and abandoned vessels are tagged by a local enforcement officer/agency, which then attempts to identify and notify the vessel owners. After the required noticing period, the officer/agency then requests the Marine Resources Office to remove and dispose of the vessels. The officer/agency makes every attempt to hold the vessel owners responsible, and to collect restitution through the court system. Any restitution payments made are provided to Monroe County and go back into State BIF. The Marine Resources Office removes derelict vessels as requested by FWC, and in compliance with County Resolution No. 242-2009 (attached) establishing derelict vessel removal procedures. In response to inquiries from the BOCC regarding of the use of public funds to remove derelict vessels from `public property', an April 18, 2011 memorandum from the County Attorneys Office to the County Clerk concluded that "the County may expend boating improvement funds on any vessels tagged by Florida Fish and Wildlife Conservation Commission as a derelict vessel". As backup to that report, the Marine Resource Office provided information indicating that in 2010 and 2011 seventeen vessels were removed from the Wisteria Island `vicinity'; ten of which were located on sovereign submerged lands (totaling $45,547.88) and four of which were located on privately owned submerged lands (totaling $16,340.66). Three of the seventeen vessels were located on the beach (i.e. shoreline) at Wisteria Island (totaling $3,436.11). As a comparison, the following table indicates other shorelines where FWC marked vessels have been removed by the County during the same time period. It should be noted that these shoreline locations are typically in the inter -tidal zone, as illustrated in the below photograph at Wisteria Island provided by FWC. FWC DN Report: FWSB-10-OFF-2593 In response to the inquiry from the BOCC regarding general locations of derelict vessel removals throughout the Keys, the following chart provides a breakout of removal locations by category. These categories reflect land (or submerged land) ownership. CA 1% M Sovereign submerged lands Private submerged lands Federal submerged lands Submerged lands unknown Is Shoreline- public a Shoreline- private Canal- no parcel Derelict Vessel Removal Locations By Category « Canal-, private parcel 2010 - 2011 The following chart illustrates derelict vessel removal locations according to water use (i.e. public or private waters). A spreadsheet is included at the back of this document that provides additional data regarding derelict vessel removal locations from 2010-11. Public waters Private waters Waters- unknown Other (shoreline) Derelict Vessel Removal Locations By Use 2010-2011 The County also provides assistance to property owners who have a vessel on their property they want to dispose of. Owners may take their Florida registered recreational vessels to any of the three County transfer stations and the disposal fee will be waived and paid for from State BIF. Those vessels must meet certain criteria (no engine, no fuel tank or other hazardous materials), and the owner must surrender the vessel title to the Department of Highway Safety and Motor Vehicles and complete a Release for Disposal form with the Marine Resources Office. This assistance is available to all Monroe County citizens. From 2008-2011 the Code Compliance Department issued citations for 95 abandoned vessels on private upland properties; 55 of those were physically removed by the property owner (indicated in the table below). The remaining 40 vessels required repairs and/or registrations and were brought into compliance. None of these vessels were processed by FWC as derelict vessels. Channel Marking Program Monroe County owns and maintains a system of Private Aids to Navigation (PATON) and regulatory markers. The oversight of those markers falls under Marine Resources Office which provides planning, permitting, installation, and maintenance of the markers. The FWC requires that such markers, permitted by FWC, be inspected triennially. The Marine Resources Office typically performs annual inspections of all County ATONS and regulatory markers. Such inspections typically take 2-3 weeks to perform, as markers are distributed from the north end of Key Largo to Boca Grande Key, west of Key West. Marker discrepancies are identified during County inspections, as well as routine USCG or USCG Auxiliary inspections. The USCG notifies PATON owners upon identification of marker discrepancies. In addition, any marker discrepancies can be called in by boaters or other individuals to the USCG or Monroe County. However, boaters and individuals typically will not know who the owner of the discrepant marker is. That determination can be made by the USCG or often by Monroe County, at which point the problem can be forwarded to the marker owner. The Marine Resources Office responds to PATON discrepancy notifications and ensures, in a timely manner, that any potential hazard to navigation is addressed and that necessary repairs or replacements are performed. Boating Improvement Fund Expenditures Expenditures for derelict vessels and marker repairs* are paid entirely out of the BIF budget. Also, some pumpout program costs are paid out of BIF. Initially State BIF had been utilized for various pumpout program costs, however those costs have shifted (since 2009) from State BIF to County BIF, in compliance with recent statutory revisions regarding allowed uses of State BIF. Also, as of FY 2011 pumpout personnel costs are paid out of County BIF. The below graph illustrates the use of both State and County BIF for the three programs. * It should be noted that multiple marker repair jobs are currently underway and are not reflected in the 2011 expenditures. It is anticipated that FY 2011 marker repair expenditures will far exceed FY 2010 expenditures. BIF Expenditures 2?}00f-20\2 Expenditures are from State BIF unless *»x>?2a»»y « Derelict Vessels y Markers # Pumpout &f»r*+w (County t« ROM EE Vessel Description f f - Location Location Category 7Waters28' sunk metal hull boat Buttonwood Sound Soverei n submer ed lands 27' sunk sailboat Buttonwood Sound Soverei n submer ed lands 27' sunk sailboat Summeriand Key canal Canal- no parcel Public waters 35' sunk sailboat Key Largo oceanside Sovereign submerged lands Public waters 40' log tied to dock Summerland oceanside Canal- no parcel Public waters marine debris-buoy/pile Community Harbor Sovereign submerged lands Public waters 16' owerboat in canal Snipe Rd Key Largo Canal- no parcel Public waters 29' Bristol sailboat Little Basin- Islamorada Sovereign submerged lands Public waters 25' homemade power boat Point Mary Shorelinepublic Shoreline 23' sailboat USCG station KW Submerged lands- unknown Waters- unknown 30' catamaran Behind MurrayMarine Stock Is Sovereign submerged lands Public waters 32' houseboat Boca Chica basin Federal submerged lands Public waters Mako Frankfurt Bank Sovereign submerged lands Public waters 30 sailboat 1/2 mi north of Wisteria Sovereign submerged lands Public waters 24' S eed Craft Bogie Channel Sovereign submerged lands Public waters 15' Jon Boat Behind Pancho's in canal Private submerged lands Public waters 30' Sailboat BKH west side of bride Private submerged lands Public waters 29' Chris Craft Oceanside Bow Ch Sovereign submerged lands Public waters 20' Glastron power Boca Chica basin Sovereign submerged lands Public waters 27' Watkins sailboat Boca Chica basin Sovereign submerged lands Public waters 28'Sloop Jewfish Cr Sovereign submerged lands Public waters 38' homemade sailboat S of Niles Ch Bride Sovereign submer ed lands Public waters 52' O en fishing vessel Boca Chica Basin Sovereign submerged lands Public waters 35' Columbia sailboat N of Wisteria Island Sovereign submerged lands Public waters 43' Drifter houseboat Si sbee Basin Federal submerged lands Public waters 42' Gibson houseboat Seawall next to Cow Key Ch Sovereign submerged lands Public waters 25' sailboat Western Sambos eco. Reserve Sovereign submerged lands Public waters 20' sunk white hull Sicisbee Basin Federal submerged lands Public waters small floating dock Buttonwood Condos Sovereign submerged lands Public waters 16' Rene ae power boat S. side of Kemp Ch Bride Sovereign submerged lands Public waters 23' Stamas power boat At Key Haven boat ramp Sovereign submerged lands Public waters 33' Comm fish boat -debris Boca Chica basin Sovereign submerged lands Public waters 30' sunk sailboat Newfound Harbor Sovereign submerged lands Public waters 25' Chris Craft Canal near Lake Surprise Canal- no parcel Public waters 25' sunk sailboat KW mooring field Sovereign submerged lands Public waters 16' open fishing boat SE of Wisteria Island Sovereign submerged lands Public waters 20' Legacy cuddy cabin W of Key Haven boat ramp Private submerged lands Public waters 30'partly submerged sailboat Wisteria Island Private submerged lands Public waters 40' cabin cruiser Wisteria Island Sovereign submerged lands Public waters 37' SeaS rite pontoon boat I Frankfurt Bank Sovereign submerged lands IPublic waters 20' sailboat Florida Keys Towing Submerged lands- unknown Waters- unknown Vessel Description Location Location Category 7uunknown 17' cudd cabin Cityof Marathon Marina Submerged lands- unknown 20'Proline Ci of Marathon Marina Submer ed lands- unknown 25' Clipper Ship City of Marathon Marina Submerged lands- unknown Waters- unknown Islander Yacht City of Marathon Marina Submerged lands- unknown Waters- unknown 19' white fiberglass skiff Buttonwood Sound Submerged lands- unknown Waters- unknown 22' JR West open fisherman North beach of Wisteria Shoreline- private Shoreline 24' Sailboat SW side of Niles Ch Sovereign submerged lands Public waters burned sunk sailboat BKH across from Dockside Sovereign submerged lands Public waters 23' Crestiiner powerbo2t Ke Haven boat ramp Sovereign submerged lands Public waters 21' sailboat SE side of Wisteria Private, submerged lands Public waters 40' steel sailboat SE side of Wisteria Sovereign submerged lands Public waters 34' Bristol red sailboat W. Washerwoman Shoal Sovereign submerged lands Public waters 35' homemade cabin cruiser Boca Chica basin Sovereign submerged lands Public waters 20'gray ontoon boat S. of Murray Marine peninsula Sovereign submerged lands Public waters small wooden floating shack 1/2 mi east of Key Haven ramp Sovereign submerged lands Public waters —25-28' sunk sailboat sunk in Buttonwood Sd Sovereign submerged lands Public waters 20' Chrysler sailboat Nside of Wisteria Shorelineprivate Shoreline 40' Comm. Fish boat Boca Chica basin Sovereign submerged lands Public waters 30' white sunk sailboat N. of Wisteria Sovereign submerged lands Public waters 22' white sailboat shore of Wisteria Shorelineprivate Shoreline 25'wood-fg sailboat seawall at USCG station Sovereign submerged lands Public waters 27' Watkins sailboat aground in Cow Key Ch Sovereign submerged lands Public waters 40' Dickerson Trawler W of Key Haven boat ramp Sovereign submerged lands Public waters 18' Ba liner white Barcelona boat ramp Sovereign submerged lands Public waters blue hull dinghy City of Marathon Marina Sovereign submerged lands Public waters 33' homemade sailboat Sovereign submerged lands Public waters 1974 SeaRay Sovereign submerged lands Public waters 20' sunk runabout Cow Key Ch Sovereign submerged lands Public waters 21' Clark sailboat Barcelona boat ramp Sovereign submerged lands Public waters 22' Larson cabin crusier Boca Chica basin Soverei n submerged lands Public waters Cuban raft USCG station Marathon Sovereign submerged lands Public waters 30' cabin cruiser West side No Name Key Sovereign submerged lands Public waters 7 vessels tied together Pine Ch Sovereign submerged lands Public waters 28' Chris Craft Blimp Rd boat ramp Sovereign submerged lands Public waters 38' white cabin cruiser N of Christmas Tree Is Sovereign submerged lands Public waters 46' aluminum houseboat Lake Surprise Sovereign submerged lands Public waters 19' Ba liner near Card Sd bride Canal- no parcel Public waters 27' Sea Ray Barcelona boat ramp Sovereign submerged lands Public waters 25' Catalina sailboat ba side of Cow Key Ch bride Sovereign submerged lands Public waters Red -Black 'et boat Cow Key Ch Sovereign submerged lands Public waters 23' aluminum deck boat Cow Key Ch Private submerged lands Public waters 10' white daX sailer Cow K!x Ch Sovereign submerged lands Public waters Vessel Description Location Location Category Waters 21' Ba liner Florida Keys Towing Sovereign submerged lands Public waters engine blocks Pine Ch Sovereign submerged lands Public waters 32 houseboat no engine Kikibobo at Cow Key Ch Sovereign submerged lands Public waters 22' white sailboat Boca Chica basin Sovereign submerged lands Public waters 24' pontoon boat S. Pine Channel Sovereign submerged lands Public waters 13' Guppy yellow sailboat Snipe Keys Sovereign submerged lands Public waters 24' Columbia sailboat S. of Pumpkin Key Sovereign submerged lands Public waters 32' white Carver Cow Key Ch Private submerged lands Public waters 40' cabin cruiser Behind Boot Key Towers Canal- private parcel Private waters 35' sailboat Boot Key Radio Towers Private submerged lands Public waters 18' sunk motorboat Whiskey Cr No.10187 Private submerged lands Public waters 45' wood catamaran Cow Key Ch Sovereign submerged lands I Public waters 16' wood/ lass sailboat Cow Key Ch Private submerged lands Public waters 25' white wood/f lass boat Boot Key n side of radio station Canal- private parcel Private waters 18' o en fisherman sunk Whiskey Cr Private submerged lands Public waters 30' comm fish boat W. of Porpoise Pt. Sovereign submerged lands Public waters 23' white open fishing boat E of Big Pine Sovereign submerged lands Public waters 25' pontoon vessel Striders Cut Sovereign submerged lands Public waters white wood hull cabin cruiser 100 d SE of Wisteria Sovereign submerged lands Public waters submerged fuel tank Boca Chica Beach Sovereign submer ed lands Public waters 10' Boston Whaler West of Porpoise Key Sovereign submerged lands Public waters Two sailboats -floating dock City of Marathon Marina Sovereign submerged lands Public waters 20' sailboat 'Jenne' north side of Wisteria Is. Private submerged lands Public waters —20-25' sunk wood/glass hull north side of Wisteria Is. Sovereign submerged lands Public waters Cuban chuq west end of Marathon ba side Shorelinepublic Shoreline 62' Comm. Shrimp boat west side of Boot Key Private submerged lands Public waters 16' white 'on boat USCG Station Key West Sovereign submerged lands Public waters 24' Ba liner sailboat Boot Key Harbor west of bride Private submerged lands Public waters 16' sunk white open boat Key Haven canal Canal- no parcel Public waters —20-25' white sailboat sunk East of Wisteria Island Sovereign submer ed lands Public waters 31' North American sailboat N of Cotrell Key -Lakes Passage Sovereign submerged lands Public waters 35' white trap boat sunk West side of Boot Key Bride Sovereign submerged lands Public waters 30' white open boat sunk West side of Boot Key Private submerged lands Public waters 20' Wellcraft BKH n of 15th St Sovereign submerged lands Public waters RESOLUTION NO. 242 -2009 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ADDRESSING PROCEDURAL ISSUES PERTAINING TO THE "CONTRACT FOR REMOVAL, REFLOATING AND/OR DEMOLITION AND DISPOSAL OF DERELICT VESSELS AND MARINE DEBRIS"; PROVIDING CLARIFICATION REGARDING THE INTENT OF THE CONTRACT; PROVIDING CLARIFICATION REGARDING QUOTE SOLICITATION AND JOB AWARD PROCEDURES; AND WAIVING PURCHASING POLICY BY PROVIDING ADDITIONAL PURCHASING LEVELS AND SIGNATURE AUTHORITIES TO EXPEDITE THE DERELICT VESSEL AND MARINE DEBRIS REMOVAL PROCESS. WHEREAS, the County Boating Improvement Fund is the funding source for removal of derelict vessels, with typically $100,000 to $150,000 used each year for such functions; and WHEREAS, in October 2007 the Clerk of the Court recommended to Growth Management staff that contracts be established with multiple contractors in each sub -area of the Florida Keys for derelict vessel and marine debris removal work, which would allow staff to solicit quotes and award individual removal jobs to contractors, thus streamlining the removal process by making it unnecessary to obtain Board approval for individual removal jobs which exceed $25,000 or expenditures to individual contractors which cumulatively exceed $25,000 in a single fiscal year; and WHEREAS, following the recommendation of the Clerk of the Court, the County Attorney's Office in coordination with the Marine Resources Office drafted contracts detailing procedures for staff to solicit quotes and award individual derelict vessel and marine debris removal jobs by Task Order; and WHEREAS, subsequently the Marine Resources Office made a Request for Proposals to marine contractors for the purpose of qualifying vendors and awarding the contracts; and WHEREAS, thirteen (13) proposals were received from vendors both within and outside Monroe County including Coffin Marine Services, Inc., Coral Marine Construction, ASAP Inc., Adventure Environmental, Inc., Bluewater Marine Services, Inc., Lower Keys Marine Towing and Salvage, Inc., Upper Keys Marine Construction, Inc., DRC Emergency Services, LLC, Spirit Marine, Arnold's Auto & Marine Repair, Inc., TSI Disaster Recovery Services, Aqua -Terra, Inc., and Gunderboom, Inc.; and WHEREAS, a selection committee comprised of three staff members of Growth Management reviewed and ranked the proposals, resulting in the selection of five (5) vendors including Coffin Marine Services Inc., Coral Marine Construction, ASAP Inc., Adventure Environmental Inc., and Bluewater Marine Services Inc., which were recommended to the Board for approval of contracts at the March 2008 BOCC meeting; and WHEREAS, at its March 2008 meeting the Board of County Commissioners directed staff to award contracts to all thirteen (13) vendors that provided proposals; and WHEREAS, twelve (12) contracts were subsequently executed, as one of the vendors, TSI Disaster Recovery Services, did not submit a signed contract to staff, and WHEREAS, since the execution of the twelve (12) contracts Marine Resources staff has been diligently processing derelict vessel and marine debris removal jobs in accordance with the guidelines of the contracts approved by the BOCC by soliciting written quotes and awarding individual removal jobs by Task Order authorized by the Marine Resources Senior Administrator, including individual jobs exceeding $25,000 and multiple jobs which cumulatively exceed $25,000 to an individual vendor in a single fiscal year; and WHEREAS, a recent internal audit conducted by the Internal Audit Department of the Clerk of the Court determined that Marine Resources staff is not adhering to Purchasing Policy by 1) not receiving appropriate purchasing approvals, 2) not soliciting quotes in conjunction with the Purchasing Department, and 3) not providing a competitive bid process for jobs over $25,000 or receiving Board approval; and WHEREAS, clarification and further direction is necessary to ensure that the Board of County Commissioners, the County Attorney's Office, Growth Management staff, and the Clerk of the Court understand and are in agreement on the intent of, and the procedures described in, the current contracts for vessel and marine debris removal; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. The intent of the twelve executed `CONTRACT FOR REMOVAL, REFLOATING AND/OR DEMOLITON AND DISPOSAL OF DERELICT VESSELS AND MARINE DEBRIS' (Contracts) is to streamline the process for awarding individual jobs for removal, thereby reducing the time required to remove such vessels and debris which may cause environmental damage, impede navigation, cause property damage, and create life and safety concerns. Section 2. Consistent with the terms described in the existing Contracts, the Monroe County Board of County Commissioners hereby authorizes Marine Resources staff to solicit quotes and award individual jobs as follows: 1) Solicit written quotes from approved contractors in the applicable geographic area with a deadline for response by e-mail. These responses shall not be disclosed to other vendors or the public prior to the end of the deadline to receive written responses. 2) Receive and review quotes, selecting the lowest bidder. 3) Award jobs by Task Order with invoices and Request to Purchase to follow when job is complete. K Section 3. The Monroe County Board of County Commissioners hereby waives existing Purchasing Policy by providing the following purchasing levels and authorizations for work performed under the above referenced Contracts: Dollar Amount $.01-$50,000 $50,000.01 and over Procedure Multiple quotes to be requested by the Marine Resources Office from contracted providers as described in Contracts. Sealed bids to be solicited by the Marine Resources Office from the contracted providers, and to be delivered to and opened by the Purchasing Dept. Purchasing Authority Marine Resources Senior Administrator or Growth Management Director BOCC approval required Section 4. In the event of an emergency of an environmental or life/safety nature the Monroe County Board of County Commissioners hereby authorizes the County Administrator or the Growth Management Division Director to authorize approval of Task Orders over $50,000 and up to $100,000 for work performed under the Contracts. Section 5. The Monroe County Board of County Commissioners establishes the following example of the typical derelict vessel removal procedure: 1- FWC (or other law enforcement agency) provides a "Derelict or Abandoned Vessel Report" and associated vessel documentation to the Marine Resources Office, legally authorizing the removal of the vessel. 2- The Marine Resources Office writes a quote request with timelines for response and job completion and a -mails the quote request, the derelict vessel report and associated vessel documentation to approved contractors in the geographic area of the location of the derelict vessel. 3- Approved contractors respond with quotes by e-mail to the Marine Resources Office. 4- After the quote deadline, the Marine Resources Office reviews the quotes and awards the job by Task Order to the lowest bidder by e-mail. 5- Subsequent to the removal of the derelict vessel the awarded contractor provides an invoice, disposal receipts and photos to the Marine Resources Office by e-mail. 6- The Marine Resources Office submits a Request for Payment along with the invoice and associated documentation to the Purchasing Department for payment. Remainder of Page Intentionally Left Blank PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 19th day of August, 2009. Mayor George Neugent Yes Mayor Pro Tem Sylvia J. Murphy Yes Commissioner Kim Wigington Yes Commissioner Heather Carruthers Yes Commissioner Mario Di Gennaro Yes BOARD OF COUNTY COMMISSIONERS OF MO E CO , Y`)RIDA , /� BY: Mayor George Neugent (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK Deputy Clerk !1 MONROE COIN FTTORM y APP VED A M p o � D 7 rn— cZZ — r= O r f V CD N Z7 = rn =t�r> = c7 0 "1 M ,— M f V 823.11 Abandoned and derelict vessels; removal; penalty.— (1) "Derelict vessel" means any vessel, as defined in s. 327.02, that is left, stored, or abandoned: (a) In a wrecked, junked, or substantially dismantled condition upon any public waters of this state. (b) At any port in this state without the consent of the agency having jurisdiction thereof. (c) Docked or grounded at or beached upon the property of another without the consent of the owner of the property. (2) It is unlawful for any person, firm, or corporation to store, leave, or abandon any derelict vessel as defined in this section in this state. (3)(a) The Fish and Wildlife Conservation Commission and its officers and all law enforcement officers as specified in s. 327.70 are authorized and empowered to remove or cause to be removed any abandoned or derelict vessel from public waters in any instance when the same obstructs or threatens to obstruct navigation or in any way constitutes a danger to the environment. Removal of vessels pursuant to this section may be funded by grants provided in ss. 206.606 and 376.15. 376.15 Derelict vessels; removal from public waters.— (I believe this refers to the grant money used in the past - it appears to be limited to 'public waters") (1) It is unlawful for any person, firm, or corporation to store, leave, or abandon any derelict vessel as defined in s. &111(1) in this state. (2)(a) The Fish and Wildlife Conservation Commission and its officers and all law enforcement officers as specified in s. 327.70 are authorized and empowered to remove any derelict vessel as defined in s. 823.11(1) from public waters. All costs incurred by the commission or other law enforcement agency in the removal of any abandoned or derelict vessel shall be recoverable against the owner of the vessel. The Department of Legal Affairs shall represent the commission in such actions. (b) The commission may establish a program to provide grants to local governments for the removal of derelict vessels from the public waters of the state The program shall be funded from the Florida Coastal Protection Trust Fund. Notwithstanding the provisions in s. 216.181(11), funds available for grants may only be authorized by appropriations acts of the Legislature. J. (c) The commission shall adopt by rule procedures for submitting a grant application and criteria for allocating available funds. Such criteria shall include, but not be limited to, the following: 1. The number of derelict vessels within the jurisdiction of the applicant. 2. The threat posed by such vessels to public health or safety, the environment, navigation, or the aesthetic condition of the general vicinity. 3. The degree of commitment of the local government to maintain waters free of abandoned and derelict vessels and to seek legal action against those who abandon vessels in the waters of the state. (d) This section shall constitute the authority for such removal but is not intended to be in contravention of any applicable federal act. History.—s. 15, ch. 70-244; s. 1, ch. 70-439; s. 6, ch. 80-382; s. 7, ch. 85-252; s. 64, ch. 95-143; s. 5, ch. 95-150; s. 257, ch. 99-245; s. 23, ch. 2001-56; s. 7, ch. 2006-309. Florida Boater Improvement Funds: (We use these funds now for all derelict vessel removals Guidelines for use of FBIF: FWC WEBSITE: http://www.myfwc.com/media/107380/FBIP Program_Guidelines20lO Draft.pdf �a� "Derelict vessel removal: § Costs for the removal and disposal of derelict vessels as defined in section 823.11, Florida Statutes. A sworn law enforcement officer must determine a vessel meets the definition in statute to be eligible. for removal. § Only vessels that are located on the public waters of the state may be removed with grant funds. " Select Year: ' 2010 f ! (— Go) The 2010 Florida Statutes(includin; Titte XXVIII NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE ial Session A) ! ha er 375 View Entire OUTDOOR RECREATION AND Chap_ter CONSERVATION LANDS 375.251 Limitation on liability of persons making available to public certain areas for recreational purposes without charge. — (1) The purpose of this act is to encourage persons to make available to the public land, water areas and park areas for outdoor recreational purposes by limiting their liability to persons going thereon and to third persons who may be damaged by the acts or omissions of persons going thereon. (2)(a) An owner or lessee who provides the public with a park area or other land for outdoor recreational purposes owes no duty of care to keep that park area or land safe for entry or use by others, or to give warning to persons entering or going on that park area or land of any hazardous conditions, structures, activities thereon. An owner or lessee who provides the public with a park area or other land for outd purposes shalt not by providing that park area or land: oor recreational 1. Be presumed to extend any assurance that such park area or land is safe for any purpose, 2. Incur any duty of care toward a person who goes on that park area or land, or 3. Become liable or responsible for any injury to persons or property caused by the act or omission of a person who goes on that park area or land. (b) This section shalt not apply if there is any charge made or usually made for entering or using such park area or land, or any part thereof, or if any commercial or other activit y, whereby profit is derived from the patronage of the general public, is conducted on such park area or land, or any part thereof. (3)(a) An owner of land or water area leased to the state for outdoor recreational purposes owes no duty of care to keep that land or water area safe for entry or use by others, or to give warning to persons entering or going on that land or water of any hazardous conditions, structures, or activities thereon. An owner who leases land or water area to the state for outdoor recreational purposes shalt not by giving such lease: 1. Be presumed to extend any assurance that such land or water area is safe for any purpose, 2. Incur any duty of care toward a person who goes on the leased land or water area, or 3. Become liable or responsible for any injury to persons or property caused by the act or omission of a person who goes on the leased land or water area. (b) The foregoing applies whether the person going on the leased land or water area is an invitee, licensee, trespasser, or otherwise. (4) This act does not relieve any person of liability which would otherwise exist for deliberate, willful or malicious injury to persons or property. The provisions hereof shall not be deemed to create or increase the liability of any person. (5) The term "outdoor recreational purposes" as used in this act shalt include, but not necessarily be limited to, hunting, fishing, swimming, boating, camping, picnicking,hikin g, pleasure motorcycling, and visiting historical, archaeological, scenic, or scientific sites.driving, nature study, water skiing, History.—ss. 1, 2, 3, 4, 5, ch. 63-313; s. 1, ch. 75.17; s. 7, ch. 87-328. Copyright © 1995-2011 The Florida Legislature • Privacy Statement . Cont— a— ct Us GOAL 213 Monroe County shall ensure adequate public access to the beach or shoreline. [9J-5.012(3xa); 9J- 5.013(2)(a)] Objective 213.1 Monroe County shall maintain and increase the amount of public access to the beach or shoreline consistent with the estimated public geed and environmental constraints. [9J-5.012(3xb)9] Policy 213.1.1 By December 31, 2006, Monroe County shall complete a Public Access Plan for unincorporated Monroe County. The Public Access Plan shall estimate the e)asting capacity of and need for the following types of public access facilities: 1. public access points to the beach or shoreline through public lands; 2, public access points to the beach or shoreline through private lands; 3. parting facilities for beach or shoreline access; 4. coastal roads and facilities providing scenic overlooks; 5. marinas; 6. boat ramps; 7. public docks; 8. fishing piers; and 9. traditional shoreline fishing areas. [9J-5.012(3xc)9] Policy 213.1.2 By December 31, 2006, Monroe County shall adopt Land Development Regulations Mich: 1. implement recommendations of the Public Access Plan; 2. provide for the enforcement of public access to beaches renourished at public e)(Pense by prescription, prescrjptive easement, or any other legal means; 3. provide for the enforcement of public access requirements of the Coastal Zone Protection Act of 1985; 4. specify standards for transportation and parking facilities for beach and shoreline access. 5. include environmental design criteria which reflect environmental constraints. [9J- 5.012(3)(c)9] Policy 213.1.3 Beginning in 1998, Monroe County shall maintain or replace physical public access to beaches and shorelines in accordance with provisions of the appropriate park master plans and current management plans for County -owned beaches. (See Recreation and Open Space objectives 1201.3.7 and 1201.11 and related policies.) [9J-5.012(3)(c)9] Goals, Objectives and Policies — Conservation and Coastal Management 3.2-94 Year 2008 Abandoned Vessel Removals By Owner from Private Property By Location Upper Keys Middle Keys Lower Keys Year 2009 Abandoned Vessel Removals By Owner From Private Property By Location Mill Year 2010 Abandoned Vessel Removals By Owner From Private Property Upper Keys Middle Keys 2 9 Year 2011 Abandoned Vessel Removals By Owner From Private Property Upper Keys �'I011FOC C 0unt��lana��cnI Cni I)i� i>i��n � f'awc 10