HomeMy WebLinkAbout04/15/2026 Agreement GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
DATE: April 16, 2026
TO: Peter Morris,
Assistant County Attorney
Abra Campo,
Contract Administrator
FROM: Liz Yongue, Deputy Clerk
SUBJECT: April 15, 2026 BOCC Meeting
The below item has been executed and added to our record:
T9 Settlement Agreement in F.E.B. Corp. v. Monroe County et al., DOAH Case No.
25-3915.
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
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.: 25-3915
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:
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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 oll'owing meanings ascribed to them:
0 Anchor: The central attachment point fixed to the seafloor.
0 Down Line Assembly: The vessel attachment; consists of line, buoys and
hardware designed to securely attach vessel to mooring station,
0 Mooring Station: The entire system comprising the mooring anchor plus the
down line assembly.
3. The following legal terms relevant to this 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.
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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, determine$ 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.
T 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, 171, 18, 19, 29, 30, 31, 42, 43, 53, 63, 71, 72, 73, 79, 80, 81,
85, 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 161h 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 ' L 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.Q.B. Corp., 2025 'UAL 3089337 (1 11,h Cir. Nov. 5, 2025).
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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, 44, 45, 54, 55, 56, 64, 65, 66, 67, 68, 69, 70, 78
12. In reference to the following numbers corresponding 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:
00 5, 20, 32, 33, 44, 45, 514, 55, 56, 614, 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, officers, 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, 614, 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 "A" 60 mooring stations which are not referenced in 'no-build'
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4921-3261-3783,v,1
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, 3,6,
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 affiliates 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 16th Judicial 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 Man of War
Harbor and waive any and all claims, suits, causes of action, damages, demands,
and liabilities against the County and FIDEP arising out of, related to, or in
connection with permitting and installation of a public managed mooring field at
Man of War Harbor.
i
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
4921-3261-3783,v. 1 5 of'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 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.
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, § 327.41 08(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 § 327.410,8(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
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4921-3261.3783,v,1
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 Ibe void or unenforceable.
24. 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. Thais 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 lath 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 Circult in and for Monroe County.
2T 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/ 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
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4921-3261-3783,V.1
portion(s), thereof. All such other provision(s) and terms), 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-pairty 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 N'o. 24-1615, within three
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4921-3261-3783,v.1 1
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:
KA h Rt Witness No. I (Print N,Xme and Address) On Behalf of F,E.B. Corp. and
4
Ve Jr 6q Se I F1 a 3349S Ch e gets ( rin
Witness No. 1 (Signature) On Behalf of F.E.B.—Corp. and
Challengers (Signature)
Kiclxld Cci Jot 1001 wit Aq Ian ice Ave, e W1
WitFis No. 2 Print Nane and Ndress)
witT
STATE OF FLORIDA
COUNTY OFmomeeF2alm geac�i
The foregoing instrument was acknowledged and attested before me by means of
0 physical presence or 0 online notarization, this I " day of 0 CC* , 2026 by
Wl�rKW I,* in his official capacity on behalf of F.E.B. 'CORP., a Florida for-profit
corporation, who is arsons I known to me or produced
as proof of identification and did take an oath.
Of i A. efson
Y po Notary Public (Print Name)
,
0 XPIres
111012028
—4�
Notary Public Seal Karl A Pot Notary Public (Signature)
arson
? M CommiWon Q-S
H 480056
7,�� . ,
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4921-3261-3783,v.1
ON BEHA .,...„,
ROE COUNTY BOARD OF COUNTY COMMISSIONERS:
4 � .
()(1 ' Li) )l' ' . .. ... . .. .. . .
Mayor Michelle Lincoln Date
MONFIOE CO ATTOF1NEY
. . .. . ... . .
PPiReVr - TO FORM
'''1 fOj
,.„,---- ,....."._ .
ililii),.,
t is p PETER ER ORRIS
ASSISTANT COUNTY A1701INEY
11
% -_---A ` ' ;- •l' EVIN MADOK, CLERK
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A' DEPUTY CLERK
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10of10
4921-3261-3783,v.:1
FOR PERMITTING PURPOSES ONLY
"NOT FOR CONSTRUCTION
FNOTES:
1. MOORING FIELD OUTSIDE BOUNDARIES SHALL BE
MARKED IN ACCORDANCE WITH FLORIDA FISH AND
W V
ILDLIFE CONSERVATION COMMISSION
REQUIREMENTS, RING FIELD
P
2� PARCEL BOUNDARIES BASED ON GIS INFORMATION ARIES TO BE
DOWNLOADED FROM MONROE COUNTY
MARKED(SEE NOTE 1)
PROPERTY APPRAISER,
3. COORDINATES REFERENCE STATE PLANE,FL
EAST,NAD83,AND ARE IN FEET.
4. HYDROGRAPHIC SURVEY COMPLETED BY ATM
DATED AUGUST 18,2023.
5. CONTOURS ARE IN FEET AND REFERENCE M;
LEGEND
40FT VESSEL
5OFT VESSEL
65FT VESSEL
NO MOORINGIANCHORING AREA
WEST MOORING FIELD
SLIP MIX
SIZE(FT) COUNT
40 18
50 52
fr
MOORING
FIELD !
EC7UNDARY
MOORING FIELD WEST LIMITS
POINT
R
E G(FEET)FIN
NORTHING NF
s 38511m 86,4
C%I.6 E6 859
14.9
C 385389.3
86 976.A No 4929
L6
D 385,810.9 87'5
319
09 ,172.6 87,9
STATE OF OU
F 386,688,0 81,28
E 386 11;
G 386,690,4 86,95ry
N
H 385,779.0 85,371
.......................—
PROJECT: Man of War Mooring Field PROPOSED WEST MOORING FIELD
A. WATERBODY: Man of War Harbour
COUNTY: Monroe ATM
Requested by°Monroe Count
(5 9 STATE: Florida y
LATITUDE: 24'34'4.32"N
Project Address:Man of War Harbour
UDE: 81'48'39,24"W - February-February-2121
SHEET5
EXHIBIT A
FOR PERMITTING PURPOSES ONLY
"NOT FOR CONSTRUCTION"
0
9 NOTES:
1„ MOORING FIELD OUTSIDE BOUNDARIES SHALL BE
MARKED IN ACCORDANCE WITH FLORIDA FISH AND
WILDLIFE CONSERVATION COMMISSION! ass
REQUIREMENTS,
2. PARCEL BOUNDARIES BASED ON CIS INFORMATION
DOWNILOADED FROM MONROE COUNTY
PROPERTY APPRAISER.
1 COORDINATES REFERENCE STATE PLANE,FIL
EAST,NAD83,AND ARE IN FEET,
4. HYDRO GRAPHIC SURVEY COMPLETED BY ATM
DATED AUGUST 18,2023.
5, CONTOURS ARE IN FEET AND REFERENCE MLLW,
0
0
LEGEND
40FT VESSEL
55FT VESSEL
FIELD �
65FT VESSEL BIUNDANY
NO MOORINGIANCHORING AREA
W
No 49294
0
Mr
STATE OF' :W-
0 R
G FIELD # 'N 401'�Zlo ..
NA%.Vl
RIES TO BE
(SEE NOTE 1
EAST MOORING FIEI D
SLIP MIX
SIZE(FT) COUNT'
0
40 9
50 6
65 15
MOORING FIELD EAST LIMITS
POINT EAST I N G(FEE T) NORTHING(FEET)
386,696Z R4,961,
1 388,2043 87, 71.
K 388,158.5 88,221.5
L 387,7313 89,005.7
M_ 388,1493 891 .2
N 388L586.6 smmg
-0
-91 0 388,650.0 86,985,2
p .s 85,8 3,5
Q 3875911 85451A
wl PROJECT: Man of War Mooring Field PROPOSED EAST MOORING FIELD A
H
Z WATERBODY: Man of War Harbour
�V ATM
o COUNTY: Monroe
9§0 STATE: Florida Requested by: Monroe County
'k Cellsvillec Cornpa!n
LATITUDE: 24'34*32"N Project Address: Man of War Harbour
MN 81-48'39.24"W -FebrUary-2023
w
LONGITUDE
7�e2 SHEET
UZI
A111BIT A
FOR PERMITTING PURPOSES ONLY
NOT FOR CONSTRUCTION
N�
Y..
"J
MOORING BUOY
PENDANT FLOAT 24"°DIAMETER MAXIMUM
I!''Ir'I.`.I YLkA F'W W
LANE
DEPTH VARIES
a DOWNLINE UNDERWATER
0a BUOY
ANCHOR LINE
EXISTING GRACE(VARIES) SHOCK ABSORBER)
IUI IUU..� UII. � .gII U..IIIUIIIUI��IIUI_a,V I.�: ��II::
IIU III III
I � .IIII .�o � I I � u
UI ����,�n��U ��IIIIIILY�II UIL:I.
I-
a' 40 50 FT VESSEL TYPICAL MOf�RING'
STATIION DETAIL HELICAL ANCHORING
N'TS
��:I R I .I I" SCREW OR EQUIVALENT
MOORING BUOY
24"'DIAMETER MAXIMUM
PENDANT FLOAT
14"PENDANT
LINE
DEPTH VIES UNDERWATER
r DOWNLINES BUOY
say
EXISTING GRADE(VARIES)
. �►r�� �x �r��,,,�
'\y UU . II ....III IU
CHOKING
No 4929,
=m�. SCREW ORS
EQUIVALENT pU _I I I
STATE of ,»�
� 0 � rt+�.»"�" 55"VESSEL MOORING STATION DETAIL I fR A I �m�e�6
PROJECT: Man of War Mooring Field MOORING FIELD
WATERBODY: Man of War Harbour TYPICAL MOORING STATION DETAILS ATM
-a COUNTY: Monroe
Requested by:Monroe County
TATE�: Florida f3or��, rrto"e,L;M�rxu aswrr
LATITUDE'.: 24'34"4.32"N Project Address:Man of War Harbour
LONGITUDE: 81°48"39.24"W 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 20261682c1
I 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 . 11, F.S. ; authorizing counties and municipalities
51 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
1.1 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
15, not criminal findings; requiring counties and
16 municipalities to comply with specified provisions;
17 authorizing the commission to provide technical
18i assistance and guidance; providing construction;
19 requiring certain designations and actions by code
20 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
261 an effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
Page 1 of 9
CODING: Words �4ea� are deletions; words underlined are addition -
EX111Brr 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.-
3,6 (5) A count I or municipality may elect to administer, in
37 coordination with the commission, this section relatijgto the
38 identification, notice, corrective action, relocation, removal.,
39 a tor,�._ 'ge, destruction, or dis2osal of vessels at risk of be2omL122
40 derelict within its jurisdiction by ado tin an ordinance to
41 that effect.
42 (a) A county or municipalit.
y that adopts an ordinance under
43 this subsection:
44 1 . May s 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 purposes only anj_E2, be. used solel to initiate
49 notice, corrective action, relocation, stora2e, disposal, or
50 cost recover actions 12ursuant to this section and in accordance
51 with rules asio fed b the commission. he code enforcement
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 relatiig to vessel conditions or derelict
55 vessels.
56 2 . Shall comply with all notice, documentation,
57 environmental and resaEdlee inn
58 � regairements established by the commission and this section
Page 2 of 9
CODING: Words are deletions; words underlined are additions.
EXHIBIT C
Florida Senate - 2026 CS for SB 1682
601-02529-26 20261682cl
59 before takii2 corrective action on a vessel. The commission may
60 provide technical assistance and guidance to the county or
61 municipality.
621 (b) This subsection may not be construed to prohibit a
63 county or municipality from coordinating with law enforcement
64 agencies for purposes of criminal investi!2ation or prosecuti-on
65 � relating to violations of this chapter or chapter 823. A code
661 enforcement officer acting pursuant to this subsection may
67 roide documentation, hotog,xaphs, observations, statements,
68 and other non-law enforcement support 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 ro ram
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 program authorized
75 under subsection (7) , a designation of a vessel as at risk of
76 becoming derelict by a county or munici2al 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 re aired by commission
80 rule, as equivalent to such a de,,3i_qn
81 officer.
82 (d) The commission ma adopt rules to implement this
83 subsection, includin ive
84 designations, ensuring statewide consist2iio in the a Iicatlon
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
Page 3 of 9
CODING: Words strieken are deletions; words underlined are additions .
EXHIBIT C
Florida Senate - 2026 CS for SB 1682
601-02529-26 20261682cl
88 requests ts.
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
92I 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 lonq-term anchoLi-n��re uirements within
97 , its jurisdiction by ado tin q an ordinance to that effect.
i — P_
98 (a) A county or municipality that ado is an ordinance under
99 this subsection:
1001 1 . May deli hate a code enforcement officer as defined in
101 s. 1.62 .21 to investigate, document, and cite violations of
102 subsection (4) . A citation from a code enforcement officer is a
103 noncriminal infraction 2uiishable as 2rovided in s. 327 .73 and
104 may be issued through local code enforcement procedures or the
105 uniform boating citation system under s . 327 .74, as determined
106 by commission rule or local ordinance. A citation issued
107 pursuant to this sub criminal.
108 findin2 and may be used solely for the imposition of civil
109 , penalties, corrective actions, or cost recovery authorized under
110 : this chal2,ter.
11.1. 2 . Shall
112 documentation, notice, and recordkee in requirements
113 established by the commission before a code enforcement officer 1
114 may issue a citation or take other enforcement action. The
115 commission ma rovide technical assistance, trainin2, and
2uidance to the county or municipality.
Page 4 of 9
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EXHIBIT C I#
Florida Senate - 2026 CS for SB 1682
601-02529-26 20261682cl
117 (b) Administrative enforcement under this subsection does
118 not Preclude E ,clude parallel enforcement by law enforcement officers
119 under s. 327 . 70. This subsection ma mate be construed to
120 prohibit a county or municipality from coordinatin with law
121 enforcement agencies for purposes of criminal investig,anon or
122 prosecution relating to violations of this chapter or chapter
1.23 823. A code enforcement officer acting pursuant, to this
124 subsection ma rcayide documentation, hoto ra hs, observations,
12 statements, and other non-law enforcemejjLsu ort to aJaw
126 enforcement agency, but may not make a criminal determination or
127 take any action reserved for law enforcement officers under this,
128 '2ter.
1291 (c) 'or purposes of any commission-administered_program
130 relating 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 municipal code
133 enforcement officer 2ursuant to this subsection must be treated,
134 if the county or municipality submits all documentation,
135 , 2ho, ographic evidence, location data, permit status
136 verification, and other materials re aired by commission rule,
1.37 as eauivalent to a uniform boating citation issued �a law
_
138 enforcement officer.
139 (d) The commission may adopt rules to im2lement this
140 subsection, includin2 rocedures for local designation of code
1411 enforcement officers, verifyi
142 in enforcement
143� criteria, coordinatin2 with the uniform boating citation system,
144 maintaining records of citations and resolutions, providin2
1.45 technical assistance or training to counties or muiisiEalines,_
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146 and auditing any reimbursement or cost-sharing r2_q!jests .
147 Section 3. Present subsections (6) and (7) of section
1481 823 . 11, Florida Statutes, are redesignated as subsections (7)
149 and (8) , respectively, a new subsection (6) is added to that
150 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
1591 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 . 41.07 (7) . 'The program must be funded
163 from the Marine Resources Conservation Trust Fund or the Florida
1641 Coastal Protection Trust ["und. 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 (l) (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
1871 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 or munici alit ma 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 adopting an
193 ordinance to that effect.
194 (a) A count or municipality that ado is an ordinance under
195 this subsection:
1961: 1 . a desi Hate a code enforcement offic!er 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 ur Dees onl The caode enforcement officer' s
200 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
203 cost-recover v actions 2ur,suant 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, story,92L
206 and environmental compliance reguirements established by the
207 commission and this section before remoyia 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
of criminal investigation or prosecution
2,13 relating to violations of chal2ter 327 or this chapter. A code
214 enforcement officer actin ursuant to this subsection may
215 provide documentation., 2hotographs, observations, statements,
216 and other non-law enforcement su port 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 purLooses of the Derelict Vessel Removal Grant
220 Program administered by the commission, a desi2nation of a
22d vessel as derelict by a county or municipal code enforcement
222 officer under this subsection must be treated, if the county or
223 municipality submits the required documentation, photo2ra)2hic
224 evidence, and verification materials in accordance with
225 commission rules, as equivalent to such a designation bya law
226 enforcement officer.
227 (d) The commission may ado rules to im lement this
228 subsection, includin rocedures for verif and administrative
2291, designations, maintaining records of removals, providing
230i technical assistance to local governments, and auditing
231 reimbursement re Lu(Lsts.
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 .4108 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 4r@4 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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