HomeMy WebLinkAboutItem T09 COUNTY �� tJ`° BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Lincoln,District 2
MONROE Mayor Pro Tem David Rice,District 4
Craig Cates,District 1
James K.Scholl,District 3
The Florida Keys r Holly Merrill Raschein,District 5
Regular Meeting
April 15, 2026
Agenda Item Number: T9
26-0757
BULK ITEM: Yes DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Peter Morris
No.
AGENDA ITEM WORDING: Approval of a Settlement Agreement in F.E.B. Corp. v. Monroe
County et al., DOAH Case No. 25-3915.
ITEM BACKGROUND: The underlying case was initiated by F.E.B. Corp. ("FEB")filing a Petition to
challenge the Florida Department of Environmental Protection's ("FDEP") General Permit No. 44-0137939-
029-EG relating to Monroe County's continuing implementation of a public managed mooring field at Man of
War Harbor. A year and a half or so after FEB submitted its Petition,three other private entities—Parcel L
Island Development Corp. ("Sunset Cottages"), Sunset Key Transportation Corp. ("Sunset Transportation"),
and Sunset Key Restaurant Corp. ("Sunset Restaurant")—filed a motion requesting DOAH to grant them
recognition as `Intervenors'. In response the County and FDEP asserted their motion should be denied.
This proposed Settlement Agreement(attached)generally releases Monroe County and FDEP from any and all
claims, suits, damages, demands, and liabilities arising out of, related to, or in connection with permitting and
installation of a public managed mooring field at Man of War Harbor. Additional key specifics from this
proposed Settlement Agreement are listed below:
W 60 mooring stations referenced in the Settlement Agreement and delineated on the mooring field site plan
(Exhibit A.) are entitled to be permitted and installed("implemented").
17 mooring stations referenced in the Settlement Agreement and delineated on the mooring field site plan
(Exhibit A.) are entitled to be implemented if the Challengers (F.E.B. Corp., Sunset Cottages, Sunset
Transportation, Sunset Restaurant, or their principals, officers, fiduciaries, or authorized agents) do not within
three(3) calendar years of the settlement agreement's effective date obtain fee simple title ownership or a right
to use any portion of Wisteria Island through a fully approved lease, license or management agreement;
however,within that three (3)year period, anchors without down line assemblies (i.e.,not complete mooring
stations)may be implemented at those locations.
(3)23 mooring stations referenced in the Settlement Agreement and delineated on the mooring field site plan
(Exhibit A.) shall not be implemented.
The County's mooring field tenant agreements will provide that no amplified music is allowed from vessels
moored at the mooring field and that all vessels must have mufflers for any generators operating on vessels
moored at the mooring field.
tQ The Challengers may not pursue challenge to implementation of a public managed mooring field at Man of
War Harbor or the Settlement Agreement.
The Settlement Agreement does not waive the Challengers' right to initiate actions and/or file complaints,
or pursue all remedies at law or in equity in a court of competent jurisdiction raising a claim of damage or
injunctive relief to the Challenger's real property or shore-based structures that the Challenger alleges has been
proximately caused by Monroe County and the Man of War Harbor mooring field.
Q The Challengers and any and all affiliates,principals, officers, fiduciaries, agents, and commonly aligned
persons shall not create, form, encourage, contribute, fund, or facilitate third-parties to initiate litigation or
adversarial administrative proceedings against Monroe County or FDEP concerning the implementation of a
public managed mooring field at Man of War Harbor.
The County shall be entitled to install all 100 mooring stations referenced in the Settlement Agreement and
delineated on the mooring field site plan(Exhibit A.)if House Bill 1103/Florida Senate Bill 1682 (Exhibit C.)
do not pass and become law.
FEB shall dismiss with prejudice its operative Petition within three (3) business days of all parties executing
the settlement agreement.
The parties shall each bear their own expenses,fees, and costs.
DOAH has temporarily paused this case in order to allow for consideration of this proposed Settlement
Agreement. If the proposed Settlement Agreement is not approved the case would resume and be resolved
through administrative and appellate litigation, and leave windows for additional litigation to be initiated at
other junctures in State and Federal permitting and approval processes.
PREVIOUS RELEVANT BOCC ACTION: N/A
INSURANCE REQUIRED: N/A
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION: N/A
FINANCIAL IMPACT: N/A
Effective Date: N/A
Expiration Date: N/A
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: N/A
Revenue Producing: If yes, amount: N/A
N/A
Grant: N/A
County Matcb: N/A
Insurance Required: No
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
F.E.B. CORP.,
a Florida corporation,
Petitioner,
and
PARCEL L ISLAND DEVELOPMENT CORP. ,
a Florida Profit Corporation, SUNSET KEY
TRANSPORTATION CORPORATION, a
Florida Profit Corporation, and SUNSET
KEY RESTAURANT CORPORATION,a
Florida Profit Corporation
Intervenors,
V. DOAH Case No.: 25-39115
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS and
FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION,
Respondents,
SETTLEMENT AGREEMENT
Petitioner F.E.B. Corp. ("FEB") and PARCEL L ISLAND DEVELOPMENT CORP.
a Florida Profit Corporation, ("Sunset Cottages"), SUNSET KEY TRANSPORTATION
CORPORATION ("Sunset Transportation"'), a Florida Profit Corporation, and SUNSET KEY
RESTAURANT CORPORATION ("Sunset Restaurant'), a Florida Profit Corporation
(collectively "Intervenors", FEB and Intervenors are hereafter collectively referred to as
"Challengers"") and Respondent Monroe County Board of County Commissioners
("BOCC", "Monroe County" "Board", or the "County") and Florida Department of
Environmental Protection ("FDEP" or "DEP"), hereafter collectively referred to as the
"parties", desire to acknowledge, compromise and settle as follows:
I of 10
4921-3261-3783,v.1 1
1. Attached Exhibit "A." is hereby fully incorporated hereto as if fully stated herein,
2. The following technical terms relevant to this Settlement Agreement shall have the
following meanings ascribed to them,:
Anchor- The central attachment point fixed to the seafloor.
• Down Line Assembly: The vessel attachment; consists of line, buoys and
hardware designed to securely attach vessel to mooring station,
Mooring Station: The entire system comprising the mooring anchor plus the
down line assembly.,
1 The following legal terms relevant to thiis Settlement Agreement shall have the
following meanings ascribed to them:
a� Real' property Interest: Fee simple title ownership of real property or a right
to use any portion of Wisteria Island whether through fully approved lease,
license or management agreement.
b. Temporary Period: A period of three (3) calendar years from the complete
execution of this Settlement Agreement.,
4. Attached Exhibit"B." is a visual detail illustrative of a Mooring Station and includes
the foregoing technical terms of art relevant to this Settlement Agreement. Exhibit
"B" is hereby fully incorporated hereto as if fully stated herein,
5. Monroe County's mooring field tenant agreements will provide that no amplified
music is allowed'!from vessels moored at the mooring field and that all vessels must
have mufflers for any generators operating on vessels moored at the mooring field.
2 of 10
4921-3261-3783,v,1
6. Exhibit A. and the corresponding numbers and locations at 'no build' Paragraph 7,
`temporary no-build' Paragraphs 11-13, and 'build' Paragraph 15, determines the
number and location of mooring stations to be installed as depicted in Monroe
County's 100-mooring station permit applications to the Florida Department of
Environmental Protection, the United States Army Corps of Engineers, and the
Florida Keys National Marine Sanctuary.
7. In reference to the following numbers corresponding to proposed mooring stations
depicted on Exhibit "A.", the following 23 mooring stations (i.e., neither an anchor
nor a down line assembly) shall not be built, unless agreed to in writing by
Challengers and Monroe County:
• 1, 2, 3, 4, 16, 17, 18, 19, 29, 30, 31, 42, 43, 53, 63, 71, 72, 73, 79, 80, 81,
$5, 86
8. In the event the County does not comply with the obligation memorialized at
foregoing paragraph 7, Challengers shall be entitled to entry, by the Circuit Court
in and for the 16th Judicial Circuit of Florida, of temporary and permanent
injunctions against the County enjoining those violations.
9. On May 30, 2024, the United States District Court for the Southern District of
Florida held that the United States of America owns Wisteria Island. United States
v. F.E B. Corp., 2024 WL 3635990 (S.D. Fla. May 30, 2024).
10. On November 5, 2025, the United States, Court of Appeals for the Eleventh Circuit
affirmed the decision, of the U.S, District Court for the Southern District of Florida
and!, held that the United States of America owns Wisteria Island. United States v.
F.E.B. Corp., 2625 WL 3089337 (11 th Ciir. Nov. 5, 2025).
3 of 10
4921-3261-3783,V.1
11. In reference to the following numbers corresponding to proposed mooring stations
depicted on Exhibit "A.", the following mooring stations shall not be implemented if
FEB, any of its affiliates, or any entity controlled by FEB, or any of its principals,
officers, fiduciaries, or authorized agents obtains a Real Property Interest in,
Wisteria Island during the Temporary Period:
0 5, 20, 32, 33, , 45, 54, 55, 56, 64, 65, 66, 67, 68, 69, 70, 78
12. In reference to the following numbers correspondling to proposed mooring stations
depicted on Exhibit "A.", during the Temporary Period anchors without down line
assemblies (i.e., no complete mooring stations) may be implemented:
6 5, 20, 32, 33, 44, 45, 54', 55,, 56, 64, 65, 66, 67, 68, 691, 70, 78
13. In reference to the following numbers corresponding to proposed mooring stations
depicted on Exhibit "A." the following 17 mooring stations are entitled to be
implemented if FEB, or any of its principals, ofl cers, fiduciaries, or authorized
agents do(es) not obtain a Real Property Interest in Wisteria Island during the
Temporary Period:
0 5, 20, 32, 33, 44, 45, 54, 55', 56, 64, 65, 66, 67, 68, 69, 70, 78
14. In the event the, County does not comply with the obligations memorialized at
foregoing paragraphs 11-12, Challengers shall be entitled to entry, by the Circuit
Court in and for the 16th Judicial Circuit, of temporary and permanent injunctions
against the County enjoining those,violations,
15. In reference to the following numbers corresponding to proposed mooring stations
depicted on Exhibit "N' 60 mooring; stations which are, not referenced in 'no-build"
4921-3261-3783,v 1 4 of 10 1WO
paragraph 7 and 'temporary no-build" paragraphs 11-13 are entitled to be
immediately installed:
• 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 21, 22, 23, 24, 25, 26, 27, 28, 34, 35, 36,
37, 38, 39, 40, 41, 46, 47, 48, 49, 50, 51, 52, 57, 58, 59, 60, 61, 62, 74, 75,
76, 77, 82, 83, 84, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100
16. In the event Challengers or any of their affilliates or associated' or commonly
aligned natural or legal persons do not comply with the obligations memorialized
at foregoing paragraphs 12-13 and 15, the County shall be entitled to entry, by the
Circuit Court in and for the 101 Juidicial Circuit, of temporary and permanent
injunctions against Challengers.
17. Challengers and any and all affiliates, associated principals, officers, fiduciaries,
agents, and commonly aligned natural and legal persons hereby discharge and
generally release the County and FIDEP from any and all claims, suits, causes of
action, damages, demands,, and liabilities arising out of, related to,or in connection
with permitting and installation of a public managed mooring field at than of War
Harbor and waive any and all claims, suits, causes of action, damages, demands,
and liabilities against the County and FDEP arising out of, related to, or in
connection with permitting and installation of a public managed mooring field at
Man of War Harbor.
18. Challengers and any and all affiliates, principals, officers, fiduciaries, agents, and
commonly aligned persons shall not, and are bound by a duty of good faith not to,
create, form, encourage, contribute, fund, or facilitate,third-parties to,file or submit
a claim, suit, cause of action, demand, or assertion of liability against the County
of
4921-3261-3783,v. 1 5 10
or FDEP arising out of, related to, or in connection with permitting and installation
of a public managed mooring field at Man of War Harbor, or form, facilitate, or
otherwise support the creation or formation of a third-party to file or submit such, a
claim, suit, cause of action, demand, or assertion of liability,
19. Notwithstanding the foregoing, this Settlement Agreement does not waive the
Challengers' right to initiate actions and/or file complaints, or pursue all remedies
at law or in equity in a court of competent jurisdiction raising a claim: of damage or
injunctive relief to the Chiallenger's real property or shore-based structures that the
Challenger alleges has been proximately caused by Monroe County and the Man
of War Harbor mooring field.
20. Paragraph 19 of this Settlement Agreement does not and shall not be interpreted
as abrogating or derogating any State or Monroe County laws, statutes, rules,
ordinances, or regulations. Paragraph 19 of this Settlement Agreement does, not
and shall not be interpreted as waiving any constitutional, statutory, legal,
equitable, substantive, procedural, or other defenses of any kind on the part of
Monroe County or FDEP.
21. Florida Statutes, § 327.4108(3)(d) requires that Monroe County install at least 100
new moorings for public use within one mile of the Key West Bight City Dock before
the County's anchoring limitation area can be effectively established. A further
condition of the legal effectiveness of this,Settlement Agreement is enactment and
approval of Florida House Bill 1103/Florida Senate Bill' 1682, which modifies the
number of moorings required in Florida Statutes§ 327.41 O8(3)(d)to 60, as written
in attached Exhibit T," Should Florida House Bill 1103/Florida Senate Bill 1682
not pass and become law, then County shall be entitled to install all 100 moor'n
6 of 10
4921-3261-3783,v.1 4N
stations, to which Challengers and their affiliates, principals, officers, fiduciaries,
and agents waive all rights to contest,
22. None of the parties are under coercion or duress nor have any of the parties been
threatened in,any way and this Settlement Agreement has been entered into freely,
knowingly, and voluntarily by the parties.
23. None of the parties knows of any fact or circumstance which would cause this
Settlement Agreement to be void or unenforceable.
2,4. The parties agree that each shall bear its own attorneys'fees, costs and expenses
arising out of, in connection with, or related to, this litigation, whether such fees,
costs, or expenses have been incurred prior to the execution of this Settlement
Agreement or will be incurred after its execution.,
25. This Settlement Agreement is not subject to arbitration and shall be governed by,
and construed and enforced in accordance with, the laws of the state of Florida,
and venue for all claims, controversies, or disputes relating to this Settlement
Agreement shall remain before the 161h Judicial Circuit in and' for Monroe County,
Florida.
26. Any claim, controversy, or dispute relating to this Settlement Agreement shall be
brought in the Circuit Court of the 16th Judicial Circuit in and for Monroe County.
27, This Settlement Agreement is and shall be binding upon the parties hereto,
including any and all successors in interest.
28. If any provision or term of this Settlement Agreement, or any portion(s) thereof,
is/are in any way invalidated by,court order, such invalidation shall neither limit nor
impair the validity or operation of any other provision or term, or remainin
7 of 10
4921-3261-3783,v.1
portion(s) thereof. All such other provision(s) and term(s), or portion(s) thereof,
shall continue unimpaired in full force and effect,
29. This Settlement Agreement constitutes the entire such Agreement and any
representation or understanding of any kind not specifically and expressly
memorialized herein is not binding on the parties.
30. Challengers represent and affirm that the approval of this Settlement Agreement
has been duly authorized by all necessary corporate and other organizational
action, as required.
31. No natural or legal person(s), are entitled to rely upon, this Settlement Agreement
to enforce any third-party claims or entitlements or benefits from this Settlement
Agreement,
32. This Settlement Agreement may be executed in one or more counterparts, each
counterpart shall be, considered an original portion of this Settlement Agreement,
and all which constitute a single instrument.
33. Monroe County's approval to enter into this Settlement Agreement requires and is
subject to approval by the Monroe County Board of County Commissioners at a
public meeting of the BOCC.
34. The Monroe County Board of County Commissioners authorizes the Monroe
County Attorney and counsel representing the Monroe County Attorney's Office in
this matter to insert all exhibits referenced herein, and to correct any scrivener's
errors within this Settlement Agreement.
35. FEB shall dismiss with prejudice the Amended Petition, for Formal Administrative
Proceeding, DOAH Case No, 25-3915, OGC Case No. 24-1615, within three
d
8 of 10
4921-3261-3783,v.I
business days of all parties executing this Settlement Agreement. The parties
agree that dismissal with prejudice by FEB shall render null and void the pending
motion to intervene submitted by the Intervenors, and opposed by Monroe County
and FDEP, FEB acknowledges and agrees that upon dismissal DOAH no longer
holds jurisdiction over any pending motions to intervene, and Challengers may not
pursue challenge to implementation of a public managed mooring field at Man of
War Harbor or this Settlement Agreement.
WITNESSESS TO ALL,: APPROVED BY:
U h, Yttfs5g" 1601 fAst A4 lAqf 16hvt',5wtCMMM?_� �)ALS d
Witness Pilo, I (Print N,Xme and Address) On Behalf of F.E.B. Corp. and
6
Dt JrOtj 43eaciei I Fl i a 5349S Ch e gars ( rinl; aL
Witness No. 1 (Signature) On Behalf of F.E.B.—Corp. and
Challengers (Signature)
Kiclqd(6(CWC &16( 1001 wit Man t(r-Ave, Cwte W1
Wit No. 2 (Print Narne and A dress)
% Flov'i*010, '3'3q C'�'
Witt
STATE OF FLORIDA
COUNTY OFMQNW)E-J9A1M&CAC�)
The foregoing instrument was acknowledged and attested before me by means of
X physical presence or 0 online notarization, this 1 of "' day of Mar"C� , 2026 by
MCI�Y Woil8h in his official capacity on behalf of F.E.B. CORP., a Florida for-profit
corporation, who is arsons known to me or produced
as proof of identification and did take an oath.
K Af i A- Pe_�ef s o rl
Notary Public (Print Name)
0 1 11012 Exp�re02s,
Notary Public Seal Karl A Pat Notary Public (Signature)
arson',,
IN commission �
H 480056 Z�
0
9 of to
4921-3261-3783,v.1
ON BEHALF OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
Mayor Michelle Lincoln Date
(SEAL)
ATTEST: KEVIN MADOK, CLERIC
AS DEPUTY CLERK
10 of 10
4921-3261-3783,v.1
FOR PERMITTING PURPOSES ONLY
"NOT FOR CONSTRUCTION FREQUIREMENTS,
FIELD OUTSIDE BOUNDARIES SHALL BE
MARKED INACCORDANCE WITH FLORIDA FISH AND
WILDLIFEONSERVATION COMMISSION'
MOORING FIIELD
2. PARCEL BOUNDARIES BASED ON CIS INFORMATION BOUNDARIES TO E
q DOWNLOADED FROM MONROE COUNTY MARKED SEE NOTE 1)
M PROPERTY APPRAISER.
3, COORDINATES REFERENCE STATE PLANE,FL.
EAST,NAD83,AND ARE IN(FEET, E
4. HYDROGRAPHIC SURVEY"COMPLETED BY ATPVI
DATED AUGUST 18,2023.
5. CONTOURS ARE IN FEET AND REFERENCE MLLt�W.
z
LEGEND
n
40FT VESSEL
5OFT VESSEL
w
65FT VESSEL
NO MOORINGIANCHORINGRREA 0
It WEST" MOORING FIELD -�
o,
SLIP MIX
I�
16� 4
8 SIZE(FT) COUNT %
w
45 18
i
50 52
c p
i u o RING M R +vJm.a^
I FIELD
BOUNDARY
�u� H
22 '', MOORING FIELD WEST LIMITS
_. PONT E (FEET)
NOR
384,876.6 .....
A 85914.9EET, &
8 385,119.1 86,495.8 I N y
C 385,389.3 86,976.4 ipt N 49294
D 385,810.9 87,560.6
ir
E 386,1716 87,931.9 STATE OF :1gr
F 3 86168&0 87,282.5
' G 386,6911.4 86,951.4 jfi F�!:•�p`�r�
...
R w H 385,779.0 85,,375,4 � l(NIM1
oz
w PROJECT, Man of War Mooring Field
W w PROPOSED WEST MOORING FIELD
8. V'WATERBODY Man of War HarbourATM
a_V
Q
z 8
COUNTY. Monroe Requested �`
Monroe Count
STATE: Florida
Prri ect Add es Ma of VWa�Har """x,uasc:c'aorn�bean
LATITUDE: 24'34'4.32""N ➢ bear
LONGITUDE: 81°48"39.24"'W 1-February-2023
na
SHEET 5
68
FOR PERMITTING PURPOSES ONLY
"NOT FOR CONSTRUCTON„
NOTES:
1, MOORING FIELD OUTSIDE BOUNDARIES SHALL BE
MARKED IN ACCORDANCE WITH FLORIDA FISH AND
WILDLIFE CONSERVATION COMMISSION
REQUIREMENTS,
2, PARCEL BOUNDARIES BASED ON GIS INFORMATION
DOWNLOADED FROM MONROE COUNTY
PROPERTY APPRAISER.
1 COORDINATES REFERENCE STATE PLANE,FIL
EAST,NIAD83,AND ARE IN FEET,
4. HYDROGRAPHIC SURVEY COMPLETED BY ATM
DATED AUGUST 18,2023.
5, CONTOURS ARE IN FEET AND REFERENCE MLLW,
K
0
LEGEND
40FT VESSEL
5OFT VESSEL
MOORING
FIELD
65FT VESSEL
NO MOORING/ANCHORIING AREA
No 4 294
STATE OF
G FIELD
BOUNDARIES TO BE
K'ED(SEE NOTE 1
EAST M�Jf IN FIELD
SLIP MIX
SIZE(FT) COUNT
1-0
Au 40
50 6
zw
65 15
MOORING FIELD EAST UMITS
...............
T EASTING(FEET) N11RTHINGx(FEET)
1 386,696,0 84,961.4
1 388,204.1 87 71,7
ts-
K 388,158.5 88,221.5
L 387,731.3 89,005.7
M 388,1493 891691
ACdJE 1 0.
N 388,586.6 89,010.9
BUFFER
0 388,650.0 86,985.2
p 85,803,5
397,591.1 Q 85A51A
94,664A
MINOR
mw
z
PROJECT: Man of War Mooring Field
PROPOSED EAST MOORING FIELD
WATERBOIDY: Man of War Harbour
ATM
,A COUNTY: Monroe 6 R STATE: FloridaRequested by: Monroe County
A("W ru 5ecCorrmam
LATITUDE: 24'344,32"N
Project Address: Man of War Harbour
LONGITUDE: 81'48'39.24"'W -February-2023
PW� SHEET6
U
EXHIBIT' A
FOR PERMITTING PURPOSES ONLY
NOT FOR CONSTRUCTION"
UCTION"
W.
r7�
MOORING BUOY
PENDANT FLOAT 24"DIAMETER MAXIMUM
12'PEDANT
LINE
DEPTH VARIES
o DOWNLINE UNDERWATER
BUOY
ANCHOR LINIE.
EXISTING GRADE(VARIES) (SHOCK ABSORBER)
_
� Irmm .n� �
�lUl ml_nd � If--
III
40 & 50 ET VESSEL TYPICAL M ORING �`
' TATi�C}N DETAIL � — HELICAL ANCHORING
NTS SCREW OR EQUIVALENT
MOORING BUOY
a 24 DIAMETER MAXIMUM
PENDANT FLOAT
14'PENDANT
LINE
DEPTH VAS UNDERWATER
BUOY
DC7WNLINES
Fs�
EXISTING GRADE(VARIES).
� I _mm4nl
.=ENS
l
No 4929, HELICAL.ANCHORING
p,. SCREW OR EQUIVALENT
. '. p
� *0a?..*0, FPS'VESSEL (MOORING STATION( ICDETAIL ! 14
r✓/11,, AL O,� NT'S
°� /IIfI�Ntt1�1�'�
PROJECT: Man of War Mooring Field MOORING FIELD
WATERBOIDY: Man of War Harbour TYPICAL MOORING STATION(DETAILS AT
COUNTY: Monroe
ggg STATE: Florida Requested by; Monroe County
C�$ Gi�dy t�ltCt,C;caraosRpr&.
£ LATITUDE.: 24°34"4.32"N' Project Address:Man of War Harbour r.
LONGITUDE: 31°48'39,24"aW 1-February-2023
SHEET 7
Florida Senate - 2026 CS for SB 1682
By the Appropriations Committee on Agriculture, Environment, and
General Government; and Senator Trumbull
601-02529-26 20�261682c1
1 A bill to be entitled
2 An act relating to local administration of vessel
3 restrictions; amending ss . 327.4107, 327. 4111, and
4 823 . 3.1, F.S. ; authorizing counties and municipalities
5 , to adopt ordinances to administer, in coordination
6 with the Fish and Wildlife Conservation Commission,
7 certain provisions relating to vessels at risk of
8 becoming derelict,, the enforcement of long-term
9 anchoring permit requirements, and derelict and
10 migrant vessels, respectively; authorizing counties
ill and municipalities to designate code enforcement
12 officers for specified purposes; providing that
13 certain determinations made by the code enforcement
14 officers are for administrative purposes only and are
is not criminal findings; requiring counties and
16 municipalities to comply with specified provisions;
17 authorizing the commission to provide technical
18 assistance and guidance; providing construction;
19 requiring certain designations and actions by code
2 enforcement officers to be treated as equivalent to
21 � specified law enforcement actions under certain
22 circumstances; authorizing the commission to adopt
23 rules; amending s. 327 . 4108, F.S. ; revising the
24 exemption from requirements for vessel relocation for
25 certain vessels under certain circumstances; providing
26 , an effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
Page 1 of 9
CODING: Words are deletions; words underlined are addition -
EXHIBIT C
Florida Senate - 2026 CS for SB 1682
601-02529�-26 20261682cl
30 Section 1. Present subsections (5) and (6) of section
31 327.4107, Florida Statutes, are redesignated as subsections (6)
32 and (7) , respectively, and a new subsection (5) is added to that
33 section, to read:
34 327 . 4107 Vessels at risk of becoming derelict on waters of
35 this state.-
36 (5) A count j or municipality may elect to administer, in
37 coordination with the commission, this section reLatin to the
38 identification, notice, corrective action, relocation, removal.,
39 storage, destruction, or disposal of vessels at risk of be2omjpj
40 derelict within its jurisdiction by adopting an ordinance to
411 that effect.
42 (a) A county or municipality that adopts an ordinance under
43 this subsection-
44 1 . May desi,gnate a code enforcement officer as defined in
45 s . 162 .21 to determine whether a vessel meets one or more of the
46 at-risk conditions listed in subsection (2) . The code
47 enforcement officer' s determination is for administrative
48 abatement uEposes only_and may be used solely to initiate
49 notice, corrective action, relocation, stora2e, disposal, or
50 cost recover actions pursuant to this section and in accordance
51 with rules a orcement
52 officer' s determination is not a criminal findin2 and may not
53 serve as a basis for prosecution under this section or any other
54 criminal violation relating to vessel conditions or derelict
55 vessels.
56 2 . Shall comply with all notice, documentation,
57 environmental
58 requirements established by the commission and this section
Page 2 of 9
CODING. Words are deletions; words underlined are additions.
EXHIBIT C :70
Florida Senate - 2026 CS for SB 1682
601-02529-26 20261682cl
59 before takiiif corrective action on a vessel. The commission ma
60 provide technical assistance and guidance to the county or
61 municipality.
621 (b) This subsection....maynot be construed to 2rohibit a
63 county or municipality from coordinating with law enforcement
64 agencies for purposes of criminal investigation or prosecution
65 relating to violations of this chal2ter or chapter 823. A code
66 enforcement officer acting pursuant to this subsection may
67 rovide documentation, 2hotographs, observations, statements,
68 and other non-law enforcement sypport_ to a law enforcement
69 age cy, but may not make a criminal determination or take any
70 action reserved for law enforcement officers under this chapter.
71 (c) For purposes of any commission-administered 2L2_9ram
72� relatin2 to the prevention, mitigation, removal, relocation,
73 storage, or destruction of vessels at risk of becoming derelict,
74 including the derelict vessel prevention j2rogram authorized
75 under subsection (7) , a designation of a vessel as at risk of
76 becoming derelict by a county or municipal code enforcement
77 officer pursuant to this subsection must be treated, if the
78 county or municipality submits all documentation,_ photographic
79 evidence, and verification materials reguired by commission
80 rule, as equivalent to such a dt-,si�nati_onb�a law enforcement
81 officer.
82 (d) The commission may adopt rules to implement this
83 subsection, includin2 rocedures for verifying administrative
84 designations, ensuring statewide consistent in
85 of at-risk criteria, maintaining records of corrective actions
86 , or removals, 2roviding technical assistance to local
87 governments, and auditing reimbursement or cost-recovery
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88 requests.
89 Section 2 . Present subsections (5) through (9) of section
90 327 .4111, Florida Statutes, are redesignated as subsections (6)
91 through (10) , respectively, and a new subsection (5) is added to
92 that section, to read:
93 327 .4111 Long-term anchoring.-
94 (5) A county or municipality may elect to administer, in
95 coordination with the commission, this section relatin2 to the
96 enforcement of lon2-term anchoEia ermit re uirements W:ithILI
97 , its jurisdiction byado tin an, ordinance to that effect.
98 (a) A county or municipality that ado is an ordinance under
99 this subsection:
100 1 . Mily designate a code enforcement officer as defined in
101 s. 162 .21 to , investigate, document, and cite violations of
102 subsection (4) . A citation from a code enforcement officer is a
103 , noncriminal infraction punishable as provided in s. 327 .73 and
104 may be issued through local code enforcement Procedures or the
105 uniform boatin2 citation system under s . 327 .74, as determined
106 by commission rule or local ordinance. A citation issued
107 pursuant to this subparagraph does not constitute a criminal
108 findin2 and may be used solely for the imposition of civil
109 penalties, corrective actio 3t recovery authorized under
110 this chapter.
ill 2 . Shall
112 documentation, notice, and recordkee in requirements
113 established by the commission before a code enforcement officer
114 may issue a citation or take other enforcement action. The
115 commission ma covide technical assistance, triininj, and
1161 2uidance to the county or municipality.
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117 (b) Administrative enforcement under this subsection does
118 not 2reclude parallel enforcemenL_.b w enforcement officers
119 under s. 327 . 70. This subsection ma not be construed to
120 rohibit a count v or municipality from coordinatin with. law
121 enforcement agencies for urposes of criminal investigation or
122 prosecution relating to violations of this chapter or chapter
123 823. A code enforcement officer actin g pursuant to this
124 subsection ma rovide documentation, hoto ra hs, observations,
125 statements, and other non-law enforcement support to a law
126 enforcement agency, but may not make a criminal determination or
127 take any action reserved for law enforcement officers under this
128 2h,apter.
129 (c) "or..._purposes of any commission-administered pLogram
130 relatinq to anchoring regulation, vessel compliance, or public
131 nuisance abatement, a noncriminal infraction citation for a
132 violation of subsection (4) issued by a county or munici)2al code
133 enforcement officer 2ursuant to this subsection must be treated,
134 if the county or municipality submits all documentation,
135 , 2hotographi ,- evidence, location data, 12ermit status
136 verification, and other materials re aired by commission rule,
137 as equivalent to a uniform boatinq citation issutj_j�y a law
138 enforcement officer.
139 (d) The commission may adopt rules to implement this
1.40 subsection, includin2 rocedures for local designation of code
141 enforcement officers, verifyinl-E= Hance with ermit�
142 re uirements, ensur ina statewide consistency in enforcement
q
143 criteria, coordinatin2 with the uniform boating citation system,
144 maintaining records of citations and resolutions, proviqjna
145 technical assistance or training to counties or municipalities,
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146 and auditing any reimbursement or cost-sharing rf-_qnests .
147 Section 3. Present subsections (6,) and (7) of section
148 823 . 11, Florida Statutes, are redesignated as subsections (7)
149 and (8) , respectively, a new subsection (6) is added to that
1.50 section, and paragraph (c) of subsection (4) of that section is
151 amended, to read:
152 823.11 Derelict and migrant vessels; relocation or removal.;
153 penalty.-
154 (4)
155 (c) The commission may establish a program to provide
156 grants to local governments for the removal, storage,
157 destruction, and disposal of derelict vessels or migrant vessels
158 from the waters of this state. This grant funding may also be
159 used for the removal, storage, destruction, and disposal of
160 vessels declared a public nuisance pursuant to s . 327 .73 (l) (aa)
161 or the derelict vessel prevention program established pursuant
162 to s. 327 . 4107 (8) s. 327. 4107 (7) . The program must be funded
163 from the Marine Resources Conservation Trust Fund or the Florida
164 Coastal Protection Trust Fund. Notwithstanding s. 216.181 (11) ,
165 funds available for these grants may only be authorized by
166 appropriations acts of the Legislature. In a given fiscal year,
167 if all funds appropriated pursuant to this paragraph are not
168 requested by and granted to local governments for the removal,
169� storage, destruction, and disposal. of derelict vessels, migrant
170 vessels, or vessels declared a public nuisance pursuant to s .
1.71 327 .73 (1) (aa) by the end of the third quarter, the Fish and
172 Wildlife Conservation Commission may use the remainder of the
173 funds to remove, store, destroy, and dispose of, or to pay
174 private contractors to remove, store, destroy, and dispose of,
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175 derelict vessels, migrant vessels, or vessels declared a public
176 nuisance pursuant to s . 327.73 ( 1) (aa) . The commission shall
177' adopt by rule procedures for local governments to submit a grant
178 application and criteria for allocating available funds . Such
179 criteria must include, at a minimum, all of the following:
180 1 . The number of derelict vessels and migrant vessels
181 within the jurisdiction of the applicant.
182 2 . The threat posed by such vessels to public health or
183 safety, the environment, navigation, or the aesthetic condition
184 of the general vicinity.
185 3. The degree of commitment of the local government to
186 maintain waters free of abandoned, derelict, and migrant vessels
187 and to seek legal action against those who abandon vessels in
188 the waters of this state as defined in s. 327.02.
189 (6) A count y or municipality may elect to administer, in
190 coordination with the commission, this section relating to the
191 identification, removal, stora2e, destruction, or disposal of
192 derelict vessels within its jurisdiction by ado tin an
193 ordinance to that effect.
194 (a) A county or municipality that adopts an ordinance under
195 this subsection:
1 . May designate a code enforcement officer as defined in
197 s. 162.21 to determine whether a vessel meets the definition of
198 a derelict vessel as 2rovided in this, section for administrative
199 abatement purposes only. The code enforcement officer' s
2001 determination is not a criminal finding and may not serve as the
201 basis for prosecution under this section. Such determinations
202 may be used s d
2013 cost-recover yactions -pursuant to this section and in accordance
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204 with rules adopted by the, commission.
205 2 . Shall comply with all notice, documentation, stora2e,
206 and environmental compliance reguirements established by the
207 commission and this section before remoyjn or dis osin of a
208 , vessel. The commission,
209 guidance to the county or municipality.
210 (b) This subsection may not be construed to prohibit a
211 count v or municipality from coordinating with law enforcement
212 agencies for_p2lposes of criminal. investigation or prosecution
213 reliting to violations of chal2ter 327 or this cha�er..,. A code
2141 enforcement officer acting 12ursuant to this subsection may
215 provide documentation photographs, observations, statements,
216 and other non-law enforcement support to a law enforcement
217 agency but may not make a criminal determination or take any
218 action reserved for law enforcement officers under this chapter.
219 (c) For purposes of the Derelict Vessel Removal Grant
220 Program administered b the commission, a designation of a
221 ! vessel as derelict bya count y or municipal code enforcement
222 officer under this subsection must be treated, if the county or
223 municipality submits the required documentation, 2hotogral2hic
224 evidence, and verification materials in accordance with
2251 commission rules, as equivalent to such a desig nation _py _a law
226 enforcement officer.
227 (d) The commission may ado rules to im lement this
228 subsection, includin rocedures for veif in administrative
229 designations, maintainin records of removals, provid.ing
230 technical assistance to local governments, and auditing
231 reimbursement re nests.
232 Section. 4 . Paragraph (d) of subsection (3) of section
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233 327 .4108, Florida Statutes, is amended to read:
234 327 . 41018 Anchoring of vessels in anchoring limitation
235 areas.--
236 (3)
237 (d) A vessel. upon the waters of this state and within
238 Monroe County for which the owner or occupant has established
239 the vessel. as a domicile in accordance with s. 222. 17 is exempt
240 from paragraph (a) until at least 60 I-&G new moorings are
241 available for public use within 1 mile of the Key West Bight
242 City Dock. Until such time, the commission shall designate the
243 area within I mile of the Key West Bight City Dock as a priority
244 for the investigation and removal of derelict vessels.
245 Section 5. This act shall take effect July 1, 2026.
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