2008.02.26_BSAB_Minutes_Workshop1
• PUBLIC NOTICE
TOWN OF HIGHLAND BEACH
BEACHES & SHORES ADVISORY BOARD
WORKSHOP MEETING MINUTES
Tuesday, February 26. 2008 9:00 a.m.
Ruth Samuels called the workshop meeting to order at 9:00 a.m. In attendance were, Vice Chair
Martha Pando, Betty Jane Hofstadter, Evelyn Weiss, Gary Guertin and Beverly Knight. Chair
Lucy Miller was absent.
OLD BUSIlVESS
The Boazd is inquiring as to if they get paid for attending the meeting workshops. The answer is
yes they do and will be paid accordingly.
Final review of beach ordinance changes -Has any Board ever removed and ordinance?
What is the procedure for litter on the beach, contact police?
Does Highland Beach police enforce state laws or does the State Police enforce state laws?
Is Dale Sugerman -Town Manager available to attend the next Beaches & Shores meeting along
with a police officer to review procedure for trespassing, littering etc?
The Board made some additions to the ordinances and these will be voted on at the next regulaz
meeting March 11, 2008.
The Board asked Martha Pando to contact Dale Sugerman and ask him to attend the Beaches &
Shores meeting and be prepared to answer questions.
NEXT MEETING
Next regular meeting will be held on Tuesday, March 11, 2008 at 9:30 a.m.
ADJOURN
With no further business to come before the Boazd, MOTION to adjourn was made by Gazy
Guertin and seconded by Martha Pando at 10:50 a.m.
APPROVE:
Lucy Miller, Chair Absent
• Martha Pando, V. Ch. t ,,
• Betty Jane Hofstadter
BEACHES & SHORES
MEETING MINUTES
1/7/08
PAGE 2 OF 2
Evelyn Weis
Ruth Samue
Gary Guertin
Beverly Kni
Attest:
•
•
Town of Highland Beach -Beaches and Shores Advisory Board
Recommended Modifications to Beach Cleanup Ordinances
For Review and Qiscussion at Beaches and Shores Board Workshop -February 26,
2008
The following document covers those ordinances being specifically targeted for revision.
It incorporates those changes as discussed during previous meetingsJworkshops and
independently documented by both Ruth Samue{s and Martha Pando.
Key to Documented Modifications:
Ins~t~tions - uildFrlined and in~reen
E j~`~'sE~}t~.. `s;fi~.~i~Ntftt+~i~-kti-~Ck~ /~
.if ~ C I ~ //~ (/ J
Sec. 5-1. Parking of boats,, ~ ~=
No boat or ~~,atercraft sl~iall be parked upon the beach, the dunes~or any land visible from any
public road within the town unless sheltered from view or placed in an enclosed garage,
except for the express purpose of loading and unloading such boat. ti~'atercr`~tts or boats shall
not be ai_ked upon the dunes at an ty ime.
(Code 1972, § 6-1; Ord. No. 688, § 5, 1-2-01)
Cross references: Motor vehicles and traffic, Ch. 16.
• State law references: Municipal regulation of vessels, F.S. §§ 327.22, 327.60.
Secs. 5-2, 5-3. Reserved.
Editor's note: Ord. No. 688, § 6, adopted Jan. 2, 2001, amended the Code by deleting
former §§ 5-2 and 5-3, which prohibited the operation of public bathing beaches and set forth
penalties therefore, and which derived from Code 1972, §§ 6-2 and 6-3.
Sec. 5-4. Rules, regulations for use of beaches.
(a) All persons using the beaches within the town shall comply with and abide by the
following rules and regulations:
(1) No person shall dress or undress on the beach or in ~-ie~~ of the beach except in taking
off or putting on beach cover-t~s !dressing robes and shoes.
(2) No person shall dress or act indecently or be attired in indecent apparel.
(3 } No person shall use loud, boisterous or profane language.
(4} No person shall place or deposit on the beach any loose paper, ci~ai_ette or other trash
or refuse, but shall deposit same in receptacles.
(5) No motor vehicle shall be driven upon the beaches without the previous written
consent of the town commission.
(b) The violation of any of these rules and regulations shall constitute an offense against this
. Code.
(This__C'ode _Sec ~_9 Code 197?, § 6-4}
• State law references: Municipal regulation of the landing of seaplanes, F.S. § 330.36;
exposure of sexual organs, F.S. § 800.03; operation of aircraft in careless or reckless manner,
F.S. § 860.13 .
Sec. 5-S. Removal of sand, earth from beach.
It shall be unlawful for any person to take or remove from the ocean beach within the limits
of the town any sand or earth.
(Code 1972, § 6-5)
State law references: Coastal construction and excavation, F.S. § 161.053.
~-'4 ~_...o ~ i3~Nii~N( tl'e"fzc?'i}~t~i ~~~il~,~_-ffEtk~t'i~. t'ai'
i
,, l~ -~ic~t~ ~'~t-k+i'tFeti'c~}t'r ~t}f-z~ hr,']ti~~i} {c}-~1rF~c)~~~=~ti~ ~i~~ tai ~1C`~~~i'~t~-a i'~,t-~'~ ~~#a{E~~'ai~ }~1~'t-C r~~
~~(~ 1 +:i~a't°. r'+?-tttl~-~lzi~~4sk~-~'(?~,~'~-3tt'.}4',tt}t ~3z1t~E~}t'ft'f~r flf~ ~tHt~~it'i1 t4~1N~~?~'} ~~'tr r:~ct'ittt
~ C.1~ ~a ~a{ l~}it#it} ~~-i1~C`r~~--:4~ ~{ zai~i}~ t~~f_+E~li't~~?t~ ta~~{~lE`~~,-~11C'1~Ff~t}j
~~
~~ ~ 4 ~rdt ~ i'__ ; r~--E•;
,,
^~~ e~c~l~t~~ ~etrt~t~e~.~ i_s`ttt-'ftt~'._i=-{ ~,-ti--~{~_~+-1-~-
1lartha's note: Are ~~e sure se ~~ant to r'emo~~~e Sec. ~-t~'' l specificall~~ corers other shore
areas, l~liis `,lass is dan~,~erous debris.
Sec. 5-7. Living aboard boats.
No person shall live aboard a boat within the corporate limits of the town. This prohibition
• shall apply whether the boat is located in any waterways-~->} ,canals or beaches or upon land
within the corporate limits of the town.
(Code 1972, § 6-7}
Cross references: Parking, storage or use of major recreational equipment, Ch. 30, § 5.12.
Sec. 5-8. Anchoring of watercraft in the navigable waters of the town; registration of
watercraft.
(a) No person may anchor any watercraft in the navigable waters within the corporate limits
of the Town of Highland Beach, with the exception of watercraft fastened to shore based
docks.
(b) Violations of this section shall be subject to enforcement by the code enforcement board
of the town.
(Ord. No. 621, § § 1-3, 2-4-92; Ord. No. 688, § 6, 1-2-01)
Sec. 5-9. Littering.
(a) Definitions. The following words, terms and phrases, when used in this section, shall
have the meanings ascribed to them in this subsection, except where the context clearly
indicates a different meaning:
Beaches means that area abutting the Atlantic Ocean consisting of predominantly sand,
whether below or above the mean high water mark.
(b) Prohibited No person shall leave or deposit any trash, refuse or debris - inc(udine~, but
not Limited to ~~lass, plastic containers balloons, ci~~arettes and other tobacco products =on
any beach. Any such trash, refuse or debris shall be placed, when available, in a et:3~~f;++f~e+
~ ~1r~d ~-~ ~, Ccc.~r a~ ~ ~
litter rec~~tacle clearly marked by the town for such purpose. If there is no receptacle, or if
the receptacle is fiill, all trash or refuse must be removed from the beach.
(c) Private beaches. In regard to that portion of the beach determined to be private property, ~ ,
no person shall place or deposit on any such beach any trash, refuse or debris. Further, the ,
owner of the private property shall not allow trash, refi~se or debris to remain on his property
for a period of time greater than ~~~ ~=r ~ ~=> three 3~ days =~~ttc'+~+~<>}~~ te~+ik ~~~ ~~t ~t~r s= ~~~~. Any
such trash, refuse or debris located upon private beachfront property shall be properly
disposed of in a manner otherwise provided by the codes and regulations of the town.
(d) 1 iolation. Any person or private property owner found to be in violation of this section
shall be subject to the jurisdiction of the town's code enforcement ordinance, and subject to
penalties prescribed by the code enforcement boazd for each day a violation is determined to
exist.
(Ord. No. 693, 8-7-01)
Sec. 5-10. Beach rakers.
All beach rakers are to place identification and phone numbers on their tractors. All beach
rakers are to be registered with the town.
(Ord. No. 708, 7-6-04}
Editor's note: Ord. No. 708, adopted July 6, 2004, enacted provisions designated as § 5-9.
Inasmuch as there already exists such a section said provisions have been redesignated as § 5-
10 to avoid duplication of numbers.
n
U
•
Page i of 4
Kim Gray
• From: Beverly Knight [bevknight@earthlink.net]
Sent: Monday, February 25, 2008 11:35 AM
To: Dale Sugarman
Cc: Carlo AngeGlb; Ruth Samuel; Gary Guertin; Lucy Whalen Miller; martha pando; Evie Weiss; IGm
Gray
Subject: Dumping Litter S Trespassing are in the same Statutes.
Dear Dale, (and Beaches ~ Shores Advisory Board, Chief Agelillo)
Dumping Lister 8 Trespassing are in the same State Statutes, and are misdemeanors of the first degree.
After review of the State Statutes Chapter 810 and Chapter 775, I'm sorry, 1 don't agree with Chief AngeGllo's
conversation with you or his conversation with the State Attorney's office as relayed to you. I don't see a "GREY
AREA" at all. It is as plain as black 8~ white below. Can 1 get the person's name who the Chief spoke to at the
State Attorney's office?
I would like to know why we would not get the support of the State Attorney, to uphold the statutes, for
trespassing as well and littering, which are both misdemeanors of the first degree.
would like to reiterate the specific parts of the state rules for property owners, below. See the relating text in
RED.
Online Sunshine is also a good site for State Statues: http://www.leg.state.fl.us/Statuteslndex.cfm?
App mode=Display Index&Title Request=XLVI#TitIeXLVI
• Please nate•
1. The trespass rules also diredt)r apply to anyone dumping "litter on the~roperty" which caries the exact
same fines and is also "a misdemeanor of the first degree".
2. Comrm-nity associations, homeowners and condo assodattons need to give the police department written
authorization as an agent for the owner to communicate an order to leave the property in the case of a
threat to pubNc safety or welfare.
3. Verbal communication to a trespasser "OR" not "AND" the posting of a sign, is all that is needed to let a
person know they are on private properly.
4, if offender does not leave after the "owner of the premises" has asked him to leave, it is a rrrsdemeanar of
the first degree.
5. If offender does not leave after an "authorized person" has asked him to leave, it is a misdemeanor of the
first degree.
6. "A misdemeanor of the first degree" is punishable by a fine of $1000.
7. Offender must also pay court costs, even if he pleads not guilty.
8. Even if offender does not get convicted, I doubt they will trespass or litter again.
9. Signs are helpful (but are not the answer), and are not legally needed for a trespasser to leave, see
810.011 (b) below.
Posting "No Trespassing" signs on a114-comers of one's property would not be reaistic since two of the sgns
would be down by the water's edge (public would throw those into the ocean). And current "No Trespassing" signs
get ripped ou# c~nstantty and are creating more problems than they are worth.
"810.011 Definitions" includes the following information:
. {b) It shat! not be necessary to give notice by posting on any encbsed land or place not exceeding 5 acres in
area on which there is a dwelling house in order to obtain the benefits of ss. 810.09 and 81.0.12 pertaining
2/25/2008
Page 2 of 4
to trespass on enclosed lands.
• (9} "Litter" means any garbage, rubbish, trash, refuse, debris, can, bottle, box, container, paper, tobacco
product, tire, domestic or commeraal appliance, mechanical equipment or part, building or construction material,
tool, machinery, wood, motor vehicle or motor vehicle part, vessel, aircraft, or farm machinery or equipment;
sludge from a waste treatment facility, water supply treatment plant, or air pollution control facility; or substance in
any form resulting from domestic, industrial, commerdal, mining, agricultural, or governmental operations.
(10) "Dump" means to dump, throw, discard, place, deposit, or dispose of any litter.
The 2007 Florida Statutes
Title XLVI Chapter 810 View Entire Chapter
CRIMES BURGLARY AND TRESPASS
810.10 Posted land; removing notices unlawful; penalty.--
(1) It is unlawful for any person to willfully remove, destroy, mutilate, or
commit any act designed to remove, mutilate, or reduce the legibility or
effectiveness of any posted notice placed by the owner, tenant, lessee, or occupant
of legally enclosed or legally posted land pursuant to any law of this state for the
purpose of legally enclosing the same.
(2) Any person violating the provisions of this section commits a misdemeanor
of the first degree, punishable as provided in s. 775._0$2 or s. 775.083._
• The 2007 Florida Statutes
Title XLVI Chapter 810 View Entire Chapter
CRIMES BURGLARY ANQ TRESPASS
810,08 Trespass on property other than structure or conveyance.--
(1)(a) A person who, without being authorized, licensed, or invited, willfully enters
upon or remains in any property other than a structure or conveyance:
1. As to which notice against entering or remaining is given, either by actual
communication to the offender OR by posting, fencing, or cultivation as described
in s. 810.011; or
(2)(a) Except as provided in this subsection, trespass on property other than a structure or
conveyance is a misdemeanor of the first degree, punishable as provided in s. 7.75.082. or
s. 77.083.
(b) If the offender defies an order to leave, personally communicated to the offender by
the owner of the premises or by an authorized person, or if the offender willfully opens
any door, fence, or gate or does any act that exposes animals, crops, or other property to
• waste, destruction, or freedom; unlawfully dumps litter on property; or trespasses on
property other than a structure or conveyance, the offender commits a misdemeanor of the
first degree, punishable as provided in s. 775.082 ar s. 775.083.
2/25/2008
Page 3 of 4
(3) As used in this section, the term "authorized person" or "person authorized"
means any owner, his or her agent, or a community association authorized as an agent
• for the owner, or any law enforcement officer whose department has received written
authorization from the owner, his or her agent, or a community association authorized
as an agent for the owner, to communicate an order to leave the property in the case of
a threat to public safety or welfare.
The 2QO7 Florida Statutes
Title Chapter 775 View Entire
XLVI DEFINITIONS; GENERAL PENALTIES; Chapter
CRIMES REGISTRATION OF CRIMINALS
775.083 Pines.--
(1) A person who has been convicted of an offense other than a capital felony may be
sentenced to pay a fine in addition to any punishment described in s. 775.08. 2; when
specifically authorized by statute, he or she may be sentenced to pay a fine in lieu of
any punishment described in s. 775.082. A person who has been convicted of a
noncriminal violation may be sentenced to pay a fine. Fines for designated crimes
and for noncriminal violations shall not exceed:
(a) $15,000, when the conviction is of a life felony.
• (b) $10,000, when the conviction is of a felony of the first or second degree.
{c) $5,000, when the conviction is of a felony of the third degree.
(d) $1,000, when the conviction is of a misdemeanor of the first degree.
(e) $500, when the conviction is of a misdemeanor of the second degree or a
noncriminal violation.
(f) Any higher amount equal to double the pecuniary gain derived from the offense by
the offender or double the pecuniary loss suffered by the victim.
(g) Any higher amount specifically authorized by statute.
Fines imposed in this subsection shall be deposited by the clerk of the court in the fine
and forfeiture fund established pursuant to s. 142..01. If a defendant is unable to pay a
fine, the court may defer payment of the fine to a date certain.
(2) In addition to the fines set forth in subsection (1}, court costs shall be
assessed and collected "+n each instance a defendant pleads polo contendere to,
or is convicted of, or adjudicated delinquent for, a felony, a misdemeanor, or a
criminal traffic offense under state law, or a violation of any municipal or
county ordinance if the violation constitutes a misdemeanor under state law.
• The court costs imposed by this section shall be $50 for a felony and $20 for any other
offense and shall lie deposited by the clerk of the court into an appropriate county
account for disbursement for the purposes provided in this subsection. A county shall
account for the funds separately from other county funds as crime prevention funds. The
2125f2008
Page 4 of 4
county, in consultation with the sheriff, must expend such funds for crime prevention
programs in the county, including safe neighborhood programs under ss. 163.501-
• 163.523.
(3) The purpose of this section is to provide uniform penalty authorization for
criminal offenses and, to this end, a reference to this section constitutes a general
reference under the doctrine of incorporation by reference.
Thank you,
Bev Knight
Beverly Knight
www.Ocean EstateP roperties.com
561-2&5-0457 Direct
561-504-9226 Cell
561-265-0458 Fax
Ocean Estate Properties LLC
C
•
2/25/2008
Page 1 of 1
Kim Gray
From: Beverly Knight [bevknight@earthlink.net]
Sent: Monday, February 25, 2008 11:34 AM
To: Kim Gray
Subject: Fw: Trespassing Signs 8 Posts Stolen
Kim, forgot to send you a file copy. Bev
-Original Message -
From: Beverly Knight
To: Dale Sugerman ; Chief Angelillo
Cc: Ruth Samuels ;Gary Guertin ; Evie Weiss ;Lucy Whalen Miller ; martha pando
Sent: Monday, February 25, 2008 7:19 AM
Subject: Trespassing Signs & Posts Stolen
Dear Dale ~ Board Members,
Just a note to follow-upon the beach issue...
I purposely stayed oti`ihe "3621"beach this weekend where we have problems.
But, my husband & I took our dogs for a walk, 8 am Sunday morning, from our
"4023" residence up to the "3621" residence {we have two white German Shepherds).
Our "No Trespassing" signs that were re-installed last Sunday (after being ripped out
and thrown into the seagrapes), have been stolen. The 6fioot post & metal sign were
nowhere to be found, on the north end by the Ocean Grande Place access, that we own.
The two small ones were also gone. I now have to re-rorder them from the sign company.
Is there a way to anchore a post so it can't be just ripped out of the sand?
Can I wrap electrified barbed wire around it? {Just kidding.)
Any suggestions?
Thank you.
Bev
Beverly Knight
www.Ocea n EstatePro_pertes.com
56'1 ZS5-0457 Direct
561-504-9226 Cell
561 265-fl458 Fax
Ocean Estate Properties LLC
C
2!25/2{X18
Advisory Legal Opinion - Municipal ordinance, additional requirements imposed
•
Florida Attorney General
Advisory Legal Opinion
Number: AGO 97-76
Date: November 5, 1997
Subject: Municipal ordinance, additional requirements imposed
Mr. Robert B. Battista
Brooksville City Attorney
Post Office Box 997
Brooksville, Florida 34605-0997
Page 1 of 4
RE: MUNICIPALITIES--LITTER--ORDINANCES--local litter ordinance
imposing requirements additional to those imposed by state statute.
s. 403.413, Fla. Stat.
Dear Mr. Battista:
You have asked for my opinion on substantially the following
question:
Is the City of Brooksville authorized to impose sanctions for
subsequent violations of its litter ordinance when section 403.413,
Florida Statutes, does not provide for such sanctions?
In sum:
The City of Brooksville may adopt an ordinance that imposes sanctions
for subsequent violations of its littering ordinance and such an
ordinance would not conflict with section 403.413(6), Florida
Statutes.
Section 2(b), Article VIII, of the Florida Constitution provides, in
part, that:
"Municipalities shall have governmental, corporate and proprietary
powers to enable them to conduct municipal government, perform
municipal functions and render municipal services, and may exercise
any power for municipal purposes except as otherwise provided by
law."
The Florida Supreme Court has stated that this constitutional
provision "expressly grants to every municipality in this state
authority to conduct municipal government, perform municipal
functions, and render municipal services."[1] The Court stated, in
the City of Suarise case, that the only limitation on the power of
http://myfloridalegal.com/ago.nsf/printview/366FFB284F5045B78525654B00515813 2/26/2008
Advisory Legal Opinion -Municipal ordinance, additional requirements imposed Page 2 of 4
municipalities under this constitutional section is that such power
must be exercised for a valid municipal purpose.
As determined b the Court "
y [l]egislative statutes are relevant only
to determine limitations of authority" and municipalities need no
further authorization from the Legislature to conduct municipal
government. [2]
Pursuant to section 166.021(1), Florida Statutes, municipalities are
granted "the governmental, corporate, and proprietary powers to
enable them to conduct municipal government, perform municipal
functions, and render municipal services, and may exercise any power
for municipal purposes, except when expressly prohibited by law."
Section 166.021(3), Florida Statutes, prescribes limitations on the
subjects that municipal legislation may address and provides:
"(3) The Legislature recognizes that pursuant to the grant of power
set forth in s. 2(b), Art. VIII of the State Constitution, the
legislative body of each municipality has the power to enact
legislation concerning any subject matter upon which the state
Legislature may act, except:
(a) The subjects of annexation, merger, and exercise of
extraterritorial power, which require general or special law pursuant
to s. 2(c), Art. VIII of the State Constitution;
(b) Any subject expressly prohibited by the constitution;
(c) Any subject expressly preempted to state or county government by
the constitution or by general law; and
(d) Any subject preempted to a county pursuant to a county charter
adopted under the authority of ss. 1(g), 3, and 6(e), Art. VIII of
the State Constitution."
The relationship between local and state legislation was specifically
discussed by the Florida Supreme Court in the Rocio case:
"The principle that a municipal ordinance is inferior to state law
remains undisturbed. Although legislation may be concurrent, enacted
by both state and local governments in areas not preempted by the
state, concurrent legislation enacted by municipalities may not
conflict with state law. If conflict arises, state law prevails. An
ordinance which supplements a statute's restriction of rights may
coexist with that statute, whereas an ordinance which countermands
rights provided by statute must fail."[3]
The City of Brooksville may legislate on any matter upon which the
Legislature may act, so long as its ordinance does not forbid what
the Legislature has expressly licensed or authorized or permit what
the Legislature has expressly forbidden.[4] The Legislature has
adopted a statute regulating litter, and a municipality may also
legislate on this subject in the absence of preemption or conflict.
http://myfloridalegal.comlago.nsf/printview/366FFB284F5045B78525654B00515813 2/26/2008
Advisory Legal Opinion -Municipal ordinance, additional requirements imposed Page 3 of 4
• Section 403.413, Florida Statutes, is the "Florida Litter Law."[5]
This statute authorizes the imposition of civil and criminal
penalties and fines against any person who dumps litter in violation
of its provisions. The amount and severity of the penalty imposed is
proportionate to the amount of litter dumped in violation of the
statute. This includes a civil penalty of $50 against a person who
dumps an amount of litter not exceeding 15 pounds, afirst-degree
misdemeanor charge against a person who dumps an amount of litter
exceeding 15 pounds but not more than 500 pounds, and a third-degree
felony charge against a person who dumps an amount of litter that
exceeds 500 pounds or is hazardous waste.[6] The statute also
authorizes a court to enter an injunction against a violator and to
declare as contraband and subject to forfeiture any motor vehicle,
vessel, aircraft, or other machine used to dump large amounts of
litter. [7]
After establishing a comprehensive scheme for prohibiting and
punishing the dumping of litter, the statute provides that "[t]his
section does not limit the authority of any state or local agency to
enforce other laws, rules, or ordinances relating to litter or solid
waste management."[8] Thus, the Florida Litter Law would not preempt
the adoption or enforcement of local litter ordinances.
• The City of Brooksville has adopted a local litter ordinance that
prohibits the throwing, discarding, placing, or depositing of litter
in public places and waterways within the city's jurisdiction.[9]
Section IV of the ordinance provides penalties for this conduct and,
as with the state statute, the severity of the penalties provided
reflects the quantity of litter discarded. This section also states:
"That subsequent violations of this ordinance are specifically
authorized to be prosecuted under the City's Code Enforcement
Ordinance and all subsequent penalties are authorized to be as
provided for in said section."[10]
The state statute does not contain a parallel provision for
subsequent violations of the litter ordinance.
However, section 403.413, Florida Statutes, does not represent the
exclusive method of regulating litter so that the subject is
preempted to the atate. Rather, the provisions of the ordinance
appear to supplement the statutory scheme to provide a method for
penalizing subsequent violations, and the two may coexist. The
subsequent violations provision of the City of Brooksville's
ordinance does not countermand the directives of the statute.[11]
• Therefore, it is my opinion that the City of Brooksville may adopt an
ordinance that imposes sanctions for subsequent violations of its
http://myfloridalegal.com/ago.nsflprintview/366FFB284F5045B78525654B00515813 2/26/2008
•
•
Advisory Legal Opinion -Municipal ordinance, additional requirements imposed Page 4 of 4
littering ordinance, and such an ordinance would not conflict with
section 403.413(6), Florida Statutes.
Sincerely,
Robert A. Buttervrorth
Attorney General
RAB/tgk
[1] State v. City of Sunx~.se, 354 So. 2d 1206, 1209 (~'la. 1978) .
[2] Supra at 1209. See also, City of Miami Beach v. Forte Towers,
Inc,, 305 So. 2d 764 (Fla. 1974).
[3] City of Miami Beach v. Rocio Corporation, 404 So. 2d 1066, 1070
(Fla. 3d DCA 1981), pet. for ren. den., 408 So. 2d 1092 (Fla. 1981),
[4] See generally, 12 Fla. Jur. 2d Counties and Municipal.
Corporations s. 187.
[5] See, s. 403.413(1), Fla. Stat.
[6] Section 403.413 (6) (a) - (e) , Fla. Stat.
[7] Section 403.413 (6) (d) - (e) , Fla. Stat.
[8] Section 403.413(8), Fla. Stat.
[9] See, City of Brooksville Ordinance No. 527.
[10] City of Brooksville, Ordinance No. 527, Section N(1-B).
[11] Cf., Op. Att'y Gen. Fla. 91-89 (1991), which-concluded that a
charter county could enact a code of ethics for county officers and
employees but that the county ethics code could not conflict with the
provisions of Part III, Gh. 112, Fla. Stat., the "Florida Code of
Ethics for Public Officers and Employees."
http://myfloridalegal.com/ago.nsf/printview/366FFB284F5045B78525654B00515813 2/26/2008
~~a~u~CS ac ~.uns~u.u~ion :view ~uuu~es :-~~uu~+-~t,nu~+u~-~~ecnon ~i~ : nsenate.gov
Select Year: 2007
C J
The- 200 Florida Statutes
Title XXIX
PUBLIC HEALTH
403.413 Florida Litter Law.--
Go
rage i or s
_______
Chapter 403 View Entire Chapter
ENVIRONMENTAL CONTROL
(1) SHORT TITLE.--This section may be cited as the "Florida Litter Law."
(2) DEFINITIONS.--As used in this section:
(a) "Litter" means any garbage; rubbish; trash; refuse; can; bottle; box; container; paper; tobacco
product; tire; appliance; mechanical equipment or part; building or construction material; tool;
machinery; wood; motor vehicle or motor vehicle part; vessel; aircraft; farm machinery or
equipment; sludge from a waste treatment facility, water supply treatment plant, or air pollution
control facility; or substance in any form resulting from domestic, industrial, commercial, mining,
agricultural, or governmental operations.
(b) "Person" means any individual, firm, sole proprietorship, partnership, corporation, or
unincorporated association.
(c) "Law enforcement officer" means any officer of the Florida Highway Patrol, a county sheriff's
department, a municipal law enforcement department, a law enforcement department of any
• other political subdivision, the department, or the Fish and Wildlife Conservation Commission. In
addition, and solely for the purposes of this section, "law enforcement officer" means any
employee of a county or municipal park or recreation department designated by the department
head as a litter enforcement officer.
(d) "Aircraft" means a motor vehicle or other vehicle that is used or designed to fly but does not
include a parachute or any other device used primarily as safety equipment.
(e) "Commercial purpose" means for the purpose of economic gain.
(f) "Commercial vehicle" means a vehicle that is owned or used by a business, corporation,
association, partnership, or sole proprietorship or any other entity conducting business for a
commercial purpose.
(g) "Dump" means to dump, throw, discard, place, deposit, or dispose of.
(h) "Motor vehicle" means an automobile, motorcycle, truck, trailer, semitrailer, truck tractor, or
semitrailer combination or any other vehicle that is powered by a motor.
(i) "Vessel" means a boat, barge, or airboat or any other vehicle used for transportation on water.
(3) RESPONSIBILITY OF LOCAL GOVERNING BODY OF A COUNTY OR MUNICIPALITY.--The local
governing body of a county or a municipality shall determine the training and qualifications of any
employee of the county or municipality or any employee of the county or municipal park or
recreation department designated to enforce the provisions of this section if the designated
• employee is not a regular law enforcement officer.
(4) DUMPING LITTER PROHIBITED.--Unless otherwise authorized by law or permit, it is unlawful for
http://www.flsenate.gov/Statutes/index.cfm?p=2&App_rnode=Display_Statute&Search St... 2/26/2008
ai,a~u~C~ «, ~,uii,~i~uuuii : v icw ~uuu~CS :-~~uv~+-~~..nv~w-~aecnon'F1J : IlsenaLe.gov rage L of s
any person to dump titter in any manner or amount:
• (a) In or on any public highway, road, street, alley, or thoroughfare, including any portion of the
right-of-way thereof, or any other public lands, except in containers or areas lawfully provided
therefor. When any litter is thrown or discarded from a motor vehicle, the operator or owner of
the motor vehicle, or both, shalt be deemed in violation of this section;
(b) In or on any freshwater lake, river, canal, or stream or tidal or coastal water of the state,
including canats. When any litter is thrown or discarded from a boat, the operator or owner of the
boat, or both, shalt be deemed in violation of this section; or
(c) In or on any private property, unless prior consent of the owner has been given and unless the
dumping of such litter by such person will not cause a public nuisance or otherwise be in violation
of any other state or local law, rule, or regulation.
(5) DUMPING RAW HUMAN WASTE PROHIBITED.--Unless otherwise authorized by taw or permit, it is
unlawful for any person to dump raw human waste from any train, aircraft, motor vehicle, or
vessel upon the public or private lands or waters of the state.
(6) PENALTIES; ENFORCEMENT.
(a) Any person who dumps litter in violation of subsection (4) in an amount not exceeding 15
pounds in weight or 27 cubic feet in volume and not for commercial purposes is guilty of a
noncriminal infraction, punishable by a civil penalty of $100, from which $50 shall be deposited
into the Solid Waste Management Trust Fund to be used for the solid waste management grant
program pursuant to s. 403.,7045. In addition, the court may require the violator to pick up titter or
perform other labor commensurate with the offense committed.
• (b) Any person who dumps litter in violation of subsection (4) in an amount exceeding 15 pounds in
weight or 27 cubic feet in volume, but not exceeding 500 pounds in weight or 100 cubic feet in
volume and not for commercial purposes is guilty of a misdemeanor of the first degree, punishable
as provided in s. 775.082 or s. 775.083.. In addition, the court shall require the violator to pick up
litter or perform other community service commensurate with the offense committed. Further, if
the violation involves the use of a motor vehicle, upon a finding of guilt, whether or not
adjudication is withheld or whether imposition of sentence is withheld, deferred, or suspended,
the court shall forward a record of the finding to the Department of Highway Safety and Motor
Vehicles, which shall record a penalty of three points on the violator's driver's license pursuant to
the point system established by s. 322.27.
(c) Any person who dumps litter in violation of subsection (4) in an amount exceeding 500 pounds
in weight or 100 cubic feet in volume or in any quantity for commercial purposes, or dumps litter
which is a hazardous waste as defined in s. 403.703, is guilty of a felony of the third degree,
punishable as provided in s. 775.082 or s. 775.083. In addition, the court may order the violator to:
1. Remove or render harmless the titter that he or she dumped in violation of this section;
2. Repair or restore property damaged by, or pay damages for any damage arising out of, his or
her dumping titter in violation of this section; or
3. Perform public service relating to the removal of titter dumped in violation of this section or to
the restoration of an area polluted by litter dumped in violation of this section.
• (d} A court may enjoin a violation of this section.
(e) A motor vehicle, vessel, aircraft, container, crane, winch, or machine used to dump titter that
http:/Iwww.flsenate.gov/Statutes/index.efm?p=2&App_mode=Display_Statute&Search St... 2/26/2008
ou~.~u~c~ «. t,vu~~uuuvu . v icw out~u~cs :-~GVV'+-~l.I1V'tVJ-~aecuUn 41 J : IlSenate.gOV rage 3 OT J
exceeds 500 pounds in weight or 100 cubic feet in volume is declared contraband and is subject to
forfeiture in the same manner as provided in ss. 932.703 and 932.704.
. (f) If a person sustains damages arising out of a violation of this section that is punishable as a
felony, a court, in a civil action for such damages, shalt order the person to pay the injured party
threefold the actual damages or $200, whichever amount is greater. In addition, the court shall
order the person to pay the injured party's court costs and attorney's fees. A final judgment
rendered in a criminal proceeding against a defendant under this section estops the defendant
from asserting any issue in a subsequent civil action under this paragraph which he or she would be
estopped from asserting if such judgment were rendered in the civil action unless the criminal
judgment was based upon a plea of no contest or nolo contendere.
(g) For the purposes of this section, if a person dumps litter or raw human waste from a
commercial vehicle, that person is presumed to have dumped the litter or raw human waste for
commercial purposes.
(hi In the criminal trial of a person charged with violating this section, the state does not have the
burden of proving that the person did not have the right or authority to dump the titter or raw
human waste or that litter or raw human waste dumped on private property causes a public
nuisance. The defendant has the burden of proving that he or she had authority to dump the litter
or raw human waste and that the titter or raw human waste dumped does not cause a public
nuisance.
(i) It shall be the duty of all law enforcement officers to enforce the provisions of this section.
(j) Any person who violates the provisions of subsection (5) is guilty of a misdemeanor of the
second degree, punishable as provided in s. 775.082 or s. 775.083; provided, however, that any
person who dumps more than 500 pounds or more than 100 cubic feet of raw human waste, or who
dumps any quantity of such waste for commercial purposes, is guilty of a felony of the third
degree, punishable as provided in paragraph (c).
(7) ENFORCEMENT 8Y CERTAIN COUNTY OR MUNICIPAL EMPLOYEES.--Employees of counties or
municipalities whose duty it is to ensure code compliance or to enforce codes and ordinances may
be designated by the governing body of the county or the municipality to enforce the provisions of
this section. Designation of such employees shall not provide the employees with the authority to
bear arms or to make arrests.
(8) ENFORCEMENT OF 07HER REGULATIONS.--This section does not limit the authority of any state
or local agency to enforce other laws, rules, or ordinances relating to titter or solid waste
management.
History.--ss. 1, 2, 3, 4, 4A, ch, 71-239; s. 1, ch. 75-Z66; s. 1, ch. 77-82; s. 1, ch. 78-202; s. 7, ch.
80-382; s. 1, ch. 82-63; s. 1, ch. 88-79; s. 56, ch. 88-130; s. 12, ch. 89-175; s. 14, ch. 89-268; s. 1,
ch. 90-76; ss. 16, 17, ch. 91-286; s. 378, ch. 94-356; s. 1, ch. 95-165; s. 11, ch. 97-103; s. 205, ch.
99-245; s. 1, ch. 2005-200; s. 2, ch. 2007-184.
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be
consulted for official purposes. Copyright ®2000-200b State of Florida.
http:/iwww.flsenate.gov/Statuteslindex.cfm?p=2&App_mode=Display_Statute&Search St... 2/26/2008
o~a~u~w cx ~vii~u~u~ivu , v icw .~ui.tu~w . iixtia~c.~,uv
•
~J
3. "Coastal barrier islands" means geological features which are completely surrounded by marine
waters that front upon the open waters of the Atlantic Ocean, the Gulf of Mexico, or the Straits of
Florida and are composed of quartz sands, clays, limestone, oolites, rock, coral, coquina;
sediment, or other material, including spoil disposal, which features lie above the tine of mean
high water. Mainland areas which were separated from the mainland by artificial channelization for
the purpose of assisting marine commerce shall not be considered coastal barrier islands.
(c) Coastal construction control lines shall be set on coastal barrier island ends only in conjunction
with the resetting of the coastal construction control tine throughout the entire county within
which the barrier island end is located, and Shall not be established on reaches of coastal barrier
• island ends where the shore is vegetated with mangroves.
(2)(a) Coastal construction control lines shall be established by the department only after it has
been determined from a comprehensive engineering study and topographic survey that the
http://www.flsenate.gov/statutes/index.cfin?mode=View%20Statutes&SubMenu=1 &App_... 2/26/2008
Committees
Senators
Information Center
- The 200 Florida Statutes
-
Title XI
COUNTY ORGANIZATION AND
INTERGOVERNMENTAL RELATIONS
Statutes & Constitution -
Video Broadcasts
ra~C i ul a
Chapter 161 View Entire
BEACH AND SHORE Chapter
PRESERVATION
161.053 Coastal construction and excavation; regulation on county basis.--
session: zoos (1)(a) The Legislature finds and declares that the beaches in this state and the coastal barrier
dunes adjacent to such beaches, by their nature, are subject to frequent and severe fluctuations
Bill tl: Go and represent one of the most valuable natural resources of Florida and that it is in the public
interest to preserve and protect them from imprudent construction which can jeopardize the
~;~:~1j1~7~
'
' stability of the beach-dune system, accelerate erosion, provide inadequate protection to upland
"
" structures, endanger adjacent properties, or interfere .with public beach access. In furtherance of
~~~~ zoos these findings, it is the intent of the Legislature to provide that the department establish coastal
construction control tines on a county basis along the sand beaches of the state fronting on the
Chamber: Senate Atlantic Ocean, the Gulf of Mexico, or the Straits of Florida. Such lines shall be established so as to
define that portion of the beach-dune system which is subject to severe fluctuations based on a
Beaches Search ~ 100-year storm surge, storm waves, or other predictable weather conditions. However, the
_ department may establish a segment or segments of a coastal construction control line further
~. landward than the impact zone of a 100-year storm surge, provided such segment or segments do
'" not extend beyond. the landward toe of the coastal barrier dune structure that intercepts the 100-
Year: 2007 year storm surge. Such segment or segments shall not be established if adequate dune protection is
provided by astate-approved dune management plan. Special siting and design considerations shall
beach cleaning Search be necessary seaward of established coastal construction control lines to ensure the protection of
' the beach-dune system, proposed or existing structures, and adjacent properties and the
~ ~ ;ice preservation of public beach access.
Enter Your Zip+4 Code: (b) As used in this subsection:
~O ~
1. When establishing coastal construction control lines as provided in this section, the definition of
"sand beach"
h
ll b
d
d
i
l
d
l b
s
a
e expan
e
nc
to
u
e coasta
arrier island ends contiguous to the sand
/~~tsetAcroort~ ~: w
~ beaches of the state fronting on the Atlantic Ocean, the Gulf of Mexico, or the Straits of Florida.
fdedta`Yayaf
,MeAr R@lQBr ~
2. "Coastal barrier island ends" means those areas on the ends of barrier islands fronting the
~= `~ ~ Atlantic Ocean
the Gulf of Mexico
or the St
ait
f Fl
id
hi
h
b
,
,
r
s o
or
a, w
c
are su
ject to severe
,~ _ j fluctuations based on a 100-year storm surge, storm waves, or other predictable weather
conditions.
Home Select Year: 2007
Session - Go
U 40.4u4VJ W VV11Jl14u11V11 Y 1\+W U1Q4u4GJ 11JG110.1~G.~,'VY
ragC t. ~i a
establishment of such control lines is necessary for the protection of upland properties and the
control of beach erosion. No such line shall be set until a public hearing has been held in each
affected county. After the department has given consideration to the results of such public
• hearing, it shall, after considering ground elevations in relation to historical storm and hurricane
tides, predicted maximum wave uprush, beach and offshore ground contours, the vegetation tine,
erosion trends, the dune or bluff tine, if any exist,, and existing upland development, set and
establish a coastal construction control tine and cause such line to be duly filed in the public
records of any county affected and shall furnish the clerk of the circuit court in each county
affected a survey of such line with references made to permanently installed monuments at such
intervals and locations as may be considered necessary. However, no coastal construction control
line shall be set until a public hearing has been held by the department and the affected persons
have an opportunity to appear. The hearing shall constitute a public hearing and shall satisfy all
requirements for a public hearing pursuant to s. 120.54(3). The hearing shall be noticed in the
Florida Administrative Weekly in the same manner as a rule. Any coastal construction control line
adopted pursuant to this section shall not be subject to a s. 130.56(2) rule challenge or a s. 120.54
(3)(c)2. drawout proceeding, but, once adopted, shall be subject to a s. 120.56(3) invalidity
challenge. The rule shall be adopted by the department and shall become effective upon filing with
the Department of State, notwithstanding the provisions of s. 120.54(3)(e)6. Upon such filing with
the Department of State, no person, firm, corporation, or governmental agenty shall construct any
structure whatsoever seaward thereof; make any excavation, remove any beach material, or
otherwise alter existing ground elevations; drive any vehicle on, over, or across any sand dune; or
damage or tause to be damaged such sand dune or the vegetation growing thereon seaward
thereof, except as hereinafter provided. Control lines established under the provisions of this
section shall be subject to review at the discretion of the department after consideration of
hydrographic and topographic data that indicate shoreline changes that render established coastal
construction control lines to be ineffective for the purposes of this act or at the written request of
officials of affected counties or municipalities. Any riparian upland owner who feels that such line
as established is unduly restrictive or prevents a legitimate use of the owners property shalt be
granted a review of the line upon written request. After such review, the department shall decide
if a change in the control line as established is justified and shall so notify the person or persons
making the request. The decision of the department shall be subject to judicial review as provided
in chapter 120.
(b)1. The department shall exempt construction proposed for a location seaward of a coastal
construction control line and landward of existing armoring from certain siting and design criteria
of this chapter, provided the armoring is capable of protecting the proposed construction from the
effects of erosion from a 100-year storm surge. The exemption shalt apply to proposed structures
involving the foundation, siting, and excavation criteria of this section, except such structures shall
be:
a. Sited a sufficient distance landward of the armoring to allow for maintenance of the armoring.
b. Located up to or landward of the established tine of construction.
c. Designed to comply with the windload requirements of this section.
d. Sited and designed to protect marine turtles.
2. The applicant shall provide scientific and engineering evidence that the armoring has been
designed, constructed, and maintained to survive the effects of the design storm and provide
protection to existing and proposed structures from the erosion associated with that event.
Evidence shaft include a report with data and supporting analysis, and shall be certified by a
professional engineer registered in this state, that the armoring was designed and constructed and
is in adequate condition to meet the following criteria:
a. The top must be at or above the stilt water level, including setup, for the design storm plus the
breaking wave calculated at its highest achievable level based on the maximum eroded beach
profile and highest surge level combination, and must be high enough to preclude runup
overtopping.
b. The armoring must be stable under the desigh storm including maximum localized scour, with
adequate penetration and toe protection to avoid settlement, tce failure, or toss of material from
• beneath or behind the armoring.
c. The armoring must have sufficient continuity or return walls to prevent flanking under the
http://www.flsenate.gov/statutes/index.cfin?mode=View°1o20Statutes&SubMenu=1 &App_... 2/26/2008
. ~ta~u~CS ac wnsututiun :view statutes : iisenaie.gov rage s of u
design storm from impacting the proposed construction.
• d. The armoring must withstand the static and hydrodynamic forces of the design storm.
(3) It is the intent of the Legislature that any coastal construction control line that has not been
updated since June 30, 1980, shall be considered a critical priority for reestablishment by the
department. In keeping with this intent, the department shall notify the Legislature if all such lines
cannot be reestablished by December 31, 1997, so that the Legislature may subsequently consider
interim lines of jurisdiction for the remaining counties.
(4) Any coastal county or coastal municipality may establish coastal construction zoning and
building codes in lieu of the provisions of this section, provided such zones and codes are approved
by the department as being adequate to preserve and protect the beaches and coastal barrier
dunes adjacent to such beaches which are under the jurisdiction of the department from
imprudent construction that will jeopardize the stability of the beach-dune system, accelerate
erosion, provide inadequate protection to upland structures, endanger adjacent properties, or
interfere with public beach access. Exceptions to locally established coastal construction zoning
and building codes shall not be granted unless previously approved by the department. It is the
intent of this subsection to provide for local administration of established coastal construction
control lines through approved zoning and building codes where desired by local interests and
where such local interests have, in the judgment of the department, sufficient funds and personnel
to adequately administer the program. Should the department determine at any time that the
program is inadequately administered, the department shall have authority to revoke the authority
granted to the county or municipality.
(5) Except in those areas where total zoning and building codes have been established pursuant to
wbsection (4), a permit to alter, excavate, or construct on property seaward of established coastal
construction control lines may be granted by the department as follows:
(a) The department may authorize an excavation or erection of a structure at any coastal location
as described in subsection (1) upon receipt of an application from a property and/or riparian owner
and upon the consideration of facts and circumstances, including:
• 1. Adequate engineering data concerning shoreline stability and storm tides related to shoreline
topography;
2. Design features of the proposed structures or activities; and
3. Potential impacts of the location of such structures or activities, including potential cumulative
effects of any proposed structures or activities upon such beach-dune system, which, in the
opinion of the department, clearly justify wch a permit.
(b) If in the immediate contiguous or adjacent area a number of existing structures have
established a reasonably continuous and uniform construction tine closer to the line of mean high
water than the foregoing, and if the existing. structures have not been unduly affected by erosion,
a proposed structure may, at the discretion of the department, be permitted along such line on
written authorization from the department if such structure is also approved by the department.
However, the department shall not contravene setback requirements or zoning or building codes
established by a county or municipality which are equal to, or more strict than, those requirements
provided herein. This paragraph does not prohibit the department from requiring structures to
meet design and siting criteria established in paragraph (a) or in subsection (1) or subsection (2).
(c) The department may condition the nature, timing, and sequence of construction of permitted
activities to provide protection to nesting sea turtles and hatchlings and their habitat, pursuant to
s. 370.12, and to native salt-resistant vegetation and endangered plant communities.
(d) The department may require such engineer certifications as necessary to assure the adequacy
of the design and construction of permitted projects.
(e) The department shall limit the construction of structures which interfere with public access
along the beach. However, the department may require, as a condition to granting permits, the
. provision of alternative access when interference with public access along the beach is
unavoidable. The width of such alternate access may not be required to exceed the width of the
access that will be obstructed as a result of the permit being granted.
http://www.flsenate.gov/statutes/index.cfin?mode=View%20Statutes& SubMenu=1 &App_... 2/26/2008
.71.YlLUICJ OG l.UI1,l1lUL1UII : V 1CW JldLULCJ 11,CI1dLC.~UV
Yd,ge ~F UI i'S
(f) The department may, as a condition to the granting of a permit under this section, require
mitigation, financial, or other assurances acceptable to the department as may be necessary to
• assure performance of conditions of a permit or enter into contractual agreements to best assure
compliance with any permit conditions. The department may also require notice of the permit
conditions required and the contractual agreements entered into pursuant to the provisions of this
subsection to be filed in the public records of the county in which the permitted activity is located.
(6)(a) As used in this subsection:
1. "Frontal dune" means the first natural or manmade mound or bluff of sand which is located
landward of the beach and which has sufficient vegetation, height, continuity, and configuration to
offer protective value.
2. "Seasonal high-water line" means the line formed by the intersection of the rising shore and the
elevation of 150 percent of the local mean tidal range above local mean high water.
(b) After October 1, 1985, and notwithstanding any other provision of this part, the department,
or a local government to which the department has delegated permitting authority pursuant to
subsections (4) and (16), shall not issue any permit for any structure, other than a coastal or shore
protection structure, minor structure, or pier, meeting the requirements of this part, or other than
intake and discharge structures for a facility sited pursuant to part II of chapter 403, which is
proposed for a location which, based on the department's projections of erosion in the area, will be
seaward of the seasonal high-water line within 30 years after the date of application for such
permit. The procedures for determining such erosion shall be established by rule. In determining
the area which will be seaward of the seasonal high-water line in 30 years, the department shall
not include any areas landward of a coastal construction control line.
(c) Where the application of paragraph (b) would preclude the construction of a structure, the
department may issue a permit for asingle-family dwelling for the parcel so long as:
1. The parcel for which the single-family dwelling is proposed was platted or subdivided by metes
• and bounds before the effective date of this section;
2. The owner of the parcel for which the single-family dwelling is proposed does not own another
parcel immediately adjacent to and landward of the parcel for which the dwelling is proposed;
3. The proposed single-family dwelling is located landward of the frontal dune structure; and
4. The proposed single-family dwelling will be as far landward on its parcel as is practicable
without being located seaward of or on the frontal dune.
(d) In determining the land areas which will. be below the seasonal high-water line within 30 years
after the permit application date, the department shall consider the impact on the erosion rates of
an existing beach nourishment or restoration project or of a beach nourishment or restoration
project for which alt funding arrangements have been made and all permits have been issued at
the time the application is submitted. The department shall consider each year there is sand
seaward of the erosion control line that no erosion took place that year. However, the seaward
extent of the beach nourishment or restoration project beyond the erosion control line shall not be
considered in determining the applicable erosion rates. Nothing in this subsection shall prohibit the
department from requiring structures to meet criteria established in subsection (1 ), subsection (2),
or subsection (5) or to be further landward than required by this subsection based on the criteria
established in subsection (1 ), subsection (2), or subsection (5).
(e) The department shall annually report to the Legislature the status of this program, including
any changes to the previously adopted procedures for determining erosion projections.
(7) Any coastal stnxture erected, or excavation created, in violation of the provisions of this
section is hereby declared to be a public nuisance; and such structure shall be forthwith removed
or such excavation shall be forthwith refilled after written notice by the department directing such
removal or filling. In the event the structure is not removed or the excavation refilled within a
reasonable time as directed, the department may remove such structure or fill such excavation at
its own expense; and the costs thereof shall become a lien upon the property of the upland owner
upon which wch unauthorized structure or excavation is located.
http://www.flsenate.gov/statutes/index.cfin?mode=View%20Statutes&SubMenu=1 &App_... 2/26/2008
JlQLULGa OG 1,U11Sl1LUl1UI1 : V 1GW ~lld.lLLIGJ : 11JG11QLG.~VV
ra~G ~ ul a
(8) Any person, firm, corporation, or agent thereof who violates this section is guilty of a
misdemeanor of the first degree, punishable as provided in s. 775,082 or s. 775.083; except that a
• person driving any vehicle on, over, or across any sand dune and damaging or causing to be
damaged such sand dune or the vegetation growing thereon in violation of this section is guilty of a
misdemeanor of the second degree, punishable as provided in s. 77.5._082 or s. 775.083. A person,
firm, corporation, or agent thereof shall be deemed guilty of a separate offense for each day
during any portion of which any violation of this section is committed or continued.
(9) The provisions of this section do not apply to structures intended for shore protection purposes
which are regulated by s. 161.041 or to structures existing or under construction prior to the
establishment of the coastal construction control line as provided herein, provided such structures
may not be materially altered except as provided in subsection (5). Except for structures that have
been materially altered, structures determined to be under construction at the time of the
establishment or reestablishment of the coastal construction control line shall be exempt from the
provisions of this section. However, unless such an exemption has been judicially confirmed to
exist prior to April 10, 1992, the exemption shalt last only for a period of 3 years from either the
date of the determination of the exemption or April 10, 1992, whichever occurs later. The
department may extend the exemption period for structures that require longer periods for
completion of their construction, provided that construction during the initial exemption period
has been continuous. For purposes of this subsection, "continuous" means following a reasonable
sequence of construction without significant or unreasonable periods of work stoppage.
(10) The department may by regulation exempt specifically described portions of the coastline
from the provisions of this section when in its judgment such portions of coastline because of their
nature are not subject to erosion of a substantially damaging effect to the public.
(11) Pending the establishment of coastal construction control lines as provided herein, the
provisions of s. 161.052 shall remain in force. However, upon the establishment of coastal
construction control lines, or the establishment of coastal construction zoning and building codes
as provided in subsection (4), the provisions of s. 1.61.052 shall be superseded by the provisions of
this section.
• (12)(a) The coastal construction control requirements defined in subsection (1) and the
requirements of the erosion projections pursuant to subsection (6) do not apply to any
modification, maintenance, or repair to any existing structure within the limits of the existing
foundation which does not require, involve, or include any additions to, or repair or modification
of, the existing foundation of that structure. Specifically excluded from this exemption are
seawalls oc other rigid coastal or shore protection structures and any additions or enclosures
added, constructed, or installed below the first dwelling floor or lowest deck of the existing
structure.
(b) Activities seaward of the coastal construction control line which are determined by the
department not to cause a measurable interference with the natural functioning of the coastal
system are exempt from the requirements in subsection (5).
(c) The department may establish exemptions from the requirements of this section for minor
activities determined by the department not to have adverse impacts on the coastal system.
Examples of such activities include, but are not limited to:
1. Boat moorings;
2. Maintenance of existing beach/dune vegetation;
3. The burial of seaweed, dead fish, whales, or other marine animals on the unvegetated beach;
4. The removal of piers or other derelict structures from the unvegetated beach or seaward of
mean high water;
5. Temporary emergency vehicular access, provided any impacted area is immediately restored;
6. The removal of any existing structures or debris from the upland, provided there is no
excavation or disturbance to the existing topography or beach/dune vegetation;
7. Construction of any new roof overhang extending no more than 4 feet beyond the confines of
http:/Jwww.flsenate.govlstatuteslindex.cfin?mode=View%20Statutes&SubMenu=1 &App_... 2/26/2008
statutes ~c ~;onstitution :view statutes : tisenate.gov
Yage6ot~
the existing foundation during modification, renovation, or reconstruction of a habitable structure
within the confines of the existing foundation of that structure which does not include any
• additions to or modification of the existing foundation of that structure;
8. Minor and temporary excavation for the purpose of repairs to existing subgrade residential
service utilities (e.g., water and sewer lines, septic tanks and drainfields, electrical and telephone
cables, and gas lines), provided that there is minimal disturbance and that grade is restored with
fill compatible in both coloration and grain size to the onsite material and any damaged or
destroyed vegetation is restored using similar vegetation; and
9. Any other minor construction with impacts similar to the above activities.
(13)(a) Notwithstanding the coastal construction control requirements defined in subsection (1) or
the erosion projection determined pursuant to wbsection (b), the department may, at its
discretion, issue a permit for the repair or rebuilding within the confines of the original foundation
of a major structure pursuant to the provisions of subsection (5). Alternatively, the department
may also, at its dixretion, iswe a permit for a more landward relocation or rebuilding of a
damaged or existing structure if such relocation or rebuilding would not cause further harm to the
beach-dune system, and if, in the case of rebuilding, such rebuilding complies with the provisions
of subsection (5), and otherwise complies with the provisions of this subsection.
(b) Under no circumstances shall the department permit such repairs or rebuilding that expand the
capacity of the original structure seaward of the 30-year erosion projection established pursuant to
subsection (b).
(c) in reviewing applications for relocation or rebuilding, the department shall specifically
consider changes in shoreline conditions, the availability of other relocation or rebuilding options,
and the design adequacy of the project sought to be rebuilt.
(d) Permits issued under this subsection shall not be considered precedential as to the issuance of
subsequent permits.
• (14) Concurrent with the establishment of a coastal construction control tine and the ongoing
administration of this chapter, the secretary of the department shall make recommendations to
the Board of Trustees of the Internal Improvement Trust Fund concerning the purchase of the fee
or any lesser interest in any lands seaward of the control line pursuant to the states Save Our
Coast, Conservation and Recreation Lands, or Outdoor Recreation Land acquisition programs; and,
with respect to those control tines established purunant to this section prior to June 14, 1978, the
secretary may make such recommendations.
(15) A coastal county or murricipality fronting on the Gulf of Mexico, the Atlantic Ocean, or the
Straits of Florida shall advise the department within 5 days after receipt of any permit application
for construction or other activities proposed to be located seaward of the line established by the
department purwant to the provisions of this section. Within 5 days after receipt of such
application, the county or municipality shall notify the applicant of the requirements for state
permits.
(1b) In keeping with the intent of subsection (4), and at the dixretion of the department,
authority for permitting certain types of activities which have been defined by the department may
be delegated by the department to a coastal county or coastal municipality. Such partial
delegation shall be narrowly construed to those particular activities specifically named in the
delegation and agreed to by the affected county or municipality, and the delegation may be
revoked by the department at any time if it is determined that the delegation is improperly or
inadequately administered.
(17) The department may, at the request of a property owner, contract with wch property owner
for an agreement, or modify an existing contractual agreement regulating development activities
landward of a coastal construction control line, provided that nothing within the contractual
agreement shall be inconsistent with the design and siting provisions of this section. In no case
shalt the contractual agreement bind either party for a period longer than 5 years from its date of
execution. Prior to beginning any construction activity covered by the agreement, the property
owner shall obtain the necessary authorization required by the agreement. The agreement shall
not authorize construction for:
(a) Major habitable structures which would require construction beyond the expiration of the
http:llwww.flsenate.gov/statutes/index.cfm?mode=View%20Statutes&SubMenu=1 &App_... 2/26/2008
~.7~a1.uLC5 QC. 1.u11Sl1LUL1V11 V 1CW JLQ.IUICJ i1JCi1Q.lC.~,UY Yage / OI IS
agreement, unless such construction is above the completed foundation; or
. (b) Nonhabitable major structures or minor structures, unless such construction was authorized at
the same time as the habitable major structure.
(18) The department is authorized to grant areawide permits to local governments, other
governmental agencies, and utility companies for special classes of activities in areas under their
general jurisdiction or responsibility, so long as these activities, due to the type, size, or
temporary nature of the activity, will not cause measurable interference with the natural
functioning of the beach dune system or with marine turtles or their nesting sites. Such activities
shall include, but not be limited to: road repairs, not including new construction; utility repairs
and replacements, or other minor activities necessary to provide utility services; beach cleaning;
and emergency response. The department may adopt rules to establish criteria and guidelines for
use by permit applicants. The department shall require notice provisions appropriate to the type
and nature of the activities for which areawide permits are sought.
(19) The department is authorized to grant general permits for projects, including dune walkovers,
decks, fences, landscaping, sidewalks., driveways, pool resurfacing, minor pool repairs, and other
nonhabitable structures, so long as these projects, due to the type, size, or temporary nature of ',
the project, will not cause a measurable interference with the natural functioning of the beach ~a
dune system or with marine turtles or their nesting sites. in no event shall multifamily habitable
structures qualify for general permits. However, single-family habitable structures which do not
advance the line of existing construction and satisfy all siting and design requirements of this
section may be eligible for a general permit pursuant to this subsection. The department may
adopt rules to establish criteria and guidelines for use by permit applicants.
(a) Persons wishing to use the general permits set forth in this subsection shall, at least 30 days
before beginning any work, notify the department in writing on forms adopted by the department.
The notice shall include a description of the proposed project and supporting documents depicting
the proposed project, its location, and other pertinent information as required by rule, to
demonstrate that the proposed project qualifies for the requested general permit. Persons who
undertake projects without proof of notice to the department, but whose projects would otherwise
• qualify for general permits, shall be considered as being undertaken without a permit and shalt be
subject to enforcement pursuant to s. 161.121.
(b) Persons wishing to use a general permit must provide notice as required by the applicable local
building code where the project will be located. If a building code requires no notice, any person
wishing to use a general permit must, at a minimum, post on the property at least 5 days prior to
the commencement of construction a sign no smaller than 88 square inches, with letters no smaller
than one quarter inch, describing the project.
{20)(a) The department may suspend or revoke the use of a general or areawide permit for good
cause, including: submission of false or inaccurate information in the notification for use of a
general or areawide permit; violation of taw, department orders, or rules relating to permit
conditions; deviation from the specified activity or project indicated or the conditions for
undertaking the activity or project; refusal of lawful inspection; or any other act on the permittee's
part in using the general or areawide permit which results or may result in harm or injury to human
health or welfare, or which causes harm or injury to animal, plant, or aquatic life or to property.
(b) The department shall have access to the permitted activity or project at reasonable times to
inspect and determine compliance with the permit and department rules.
(21) The department is authorized to adopt rules related to the following provisions of this
section: establishment of coastal construction control lines; activities seaward of the coastal
construction control tine; exemptions; property owner agreements; delegation of the program;
permitting programs; and violations and penalties.
(22) In accordance with ss. 553,73 and 553,79, and upon the effective date of the Florida Building
Code, the provisions of this section which pertain to and govern the design, construction, erection,
alteration, modification, repair, and demolition of public and private buildings, structures, and
facilities shall be incorporated into the Florida Building Code. The Florida Building Commission shall
have the authority to adopt rules pursuant to ss. 120.536 and 120..54 in order to implement those
provisions. This subsection does not limit or abrogate the right and authority of the department to
require permits or to adopt and enforce environmental standards, including but not limited to,
standards for ensuring the protection of the beach-dune system, proposed or existing structures,
http:/lwww.flsenate.gov/statutes/index.cfin?mode=View%20Statutes&SubMenu=1 &App_... 2/26/2008
Page i of I
[~~t~ Grapy
Frr~m, eview@webtv.net
cent: Tuesday, February 26, 2008 8:33 AfJi
~~: Kim Gray
~ubjeef: Fes: County Fi~langrove Lease
Attachrraents: Lease Agreement f=inal ~~ersion 6.'l5.(37.doe
Nave a great day!
> Date: Vded, 13 Feb 20{?8 i5:27:Z1 -EISQG
> From: spole@ix.netcom.com
> To: eview@webh`.net
> Subect: County Mangrove Lease
> CC: spoie~ix.netcom.cam
hli Evie,
>
> I thought the meeting went very well. Carman believed the Advisory Board
> asked very pertinent questions regarding the Mangrove restoration which I
> believe he addressed very appropriately. Ne will bring many of the issues to
> the Commissioners attention for their suggestions.
> It is critical that I continue to follow up with the County in order to insure that progress for our area is not put
to side.
> As promised attached is the lease used by the County with another city. The agreements that ERM would
develop with the NOA's would be similar but would require that funding be included for perpetual maintenance.
Another possibility would be that the land could be donated to the County and the County could then? take on the
maintenance.
> Look forward Advisory Boards comments.
z
> Please advise me if there is anything else I can do at this time.
> Take care,
l;en
LEASE AGREEMENT
• BETWEEN
PALM BEACH COUNTY
AND
THE CITY OF LAKE WORTH
THIS LEASE AGREEMENT is made and entered into on this day of
2007, by and between the City of Lake Worth, a Florida municipal
corporation, hereinafter referred to as the "City", and Palm Beach County, Florida, a
political subdivision of the State of Florida, hereinafter referred to as the "County". The
City and the County shall hereinafter be referred to collectively as the "parties".
WITNESSETH:
WHEREAS, the City owns an approximate 100 acre tract of real property that is
located within the boundaries of the Snook Islands Natural Area (the "City tract"); and
WHEREAS, this area was dredged in the early 1920's to provide fill for the
City's municipal golf course situated along the western shore of Lake Worth Lagoon
resulting in the creation of a large deep hole contributing to poor water quality and
providing minimal habitat value; and
• WHEREAS, the western shore along the golf course has suffered ongoing
erosion due to the creation of this hole; and
WHEREAS, the City has been an ongoing supporter of a project that would
improve the water quality of the Lagoon as well as stabilize this area of shoreline; and
WHEREAS, an environmental restoration project along that reach of shoreline
was a priority project identified in the Lake Worth Lagoon Management Plan endorsed
and approved by the County and municipalities that border the Lake Worth Lagoon,
including the City of Lake Worth; and
WHEREAS, the County, City, Florida Inland Navigation District ("FIND"),
United States Army Corps of Engineers, and Florida Department of Environmental
Protection partnered to fund, design, and build the Snook Islands Natural Area
environmental restoration project at a cost of approximately $17.5 million dollars; and
WHEREAS, both the County and the City deem that it is in the best interest of
the residents and citizens of Palm Beach County and the City of Lake Worth to maintain
and manage the City tract as a natural area, and to preserve the City tract and its
associated biological communities in their natural state for future generations as
examples of intact native Florida ecosystems; and
WHEREAS, restored and improved features of the Snook Islands Natural Area
. include: (1) 40 acres of created shallow sub-tidal habitat conducive to seagrass
colonization; (2) 1.7 acres of restored mangrove fringe; (3) 10 acres of new mangrove
wetlands, including 2.8 acres of Spartina habitat; (4) 2.3 acres of new oyster reef habitat;
and (5) 43.9 acres of deep water and flushing habitat; and
WHEREAS, it is evident that the Snook Islands Natural Area environmental
restoration project is already making a positive impact on the area as sea grasses are
recruiting in the shallow water habitat, birds are utilizing the open areas of shoreline and
mud flats, and fishermen are catching snook and other desirable fish species; and
WHEREAS, in addition to the site management, the City and County wish to
construct several public access features within and adjacent to the City tract, including
• kiosk(s), a boardwalk, a fishing pier, and floating docks; and
WHEREAS, the City wishes to lease the City tract to the County and the County
• wishes to lease the City tract from the City to assist in the construction of the public use
features and to manage the site as part of the Snook Islands Natural Area; and
WHEREAS, the execution of this Lease Agreement is in the best interest of the
County, the City and the residents and citizens of the same; and
WHEREAS, the Florida Interlocal Cooperation Act of 1969 (Section 163.01,
Florida Statutes) allows governmental units to enter into intergovernmental agreements to
make the most efficient use of their powers by enabling them to cooperate with each
other on a basis of mutual advantage.
NOW, THEREFORE, in consideration of the mutual covenants, agreements and
restrictions set forth herein, the parties agree as follows:
ARTICLE I -GENERAL
1. The foregoing recitals are true and correct and are incorporated herein as if
fully set forth herein.
2. The purpose of this Lease Agreement is to provide a mechanism for the
County and the City to cooperate in the management of the City tract and the construction
of public use facilities within and adjacent to the City tract that will promote the
• environmental restoration of the area and will enhance recreational opportunities for use
by the public.
3. The City tract that the County intends to manage and improve consists of
approximately 100 acres of land located within the boundaries of the Snook Islands
Natural Area. Such property, which is located on the east side of the Lake Worth
Municipal Golf Course in the waters of the Intracoastal waterway, is described in Exhibit
AA@ and is referred to herein as the ACity tract@. During the life of this Lease
Agreement, the County will also maintain the floating docks to be constructed as provided
herein, which will extend to a point approximately 500 feet south of the City tract. Such
floating docks are also depicted in Exhibit "A".
4. The County and City hereby agree to cooperate in the construction of public
access features including kiosk(s), a boardwalk, a fishing pier, and floating docks and in
the demolition of the western portion of the existing Lake Worth bridge. Upon
agreement of the parties, the City agrees to demolish the western portion of the existing
Lake Worth bridge at its own expense. At the City's request, the County agrees to assist
the City in applying for available grants to fund the removal of the western portion of the
existing Lake Worth bridge. Once the City provides the necessary funding to complete
the demolition of the bridge, the County agrees to construct the agreed to public access
features at its own expense, subject to the availability of funds. In the event that the City
is unable to provide the funds necessary to demolish the western portion of the existing
• Lake Worth bridge, the County will not be obligated to construct any public access
features pursuant to this Lease Agreement; however, the County will continue to manage
the City tract as a natural area pursuant to this Lease Agreement. In the alternative, in the
event that the City is unable to provide the funds necessary to demolish said bridge, the
County may fund the demolition of said bridge, and this Lease Agreement will remain in
affect in all other respects.
5. The City hereby leases and the County hereby accepts the lease from the City
of the City tract depicted in Exhibit "A". The City tract shall consist of the real property
depicted in Exhibit "A" together with any current or future improvements thereon. The
County shall pay the City rent at the rate of $1.00 per year. All rent due hereunder shall
be payable in advance on or before the Effective Date and on each anniversary thereafter
during the term of this Lease. The County is atax-exempt entity as is evidenced by tax
• exemption #60-2211419753 C. No sales or use tax shall be included or charged with the
annual rent. Payment of rent will be made upon the receipt of an invoice from the City
mailed to the Palm Beach County Finance Department at P.O. Box 4036, West Palm
Beach, Florida 33402. Each invoice must be received at least fifteen (15) days but not
2
more than thirty (30) days in advance of the date payment is due. Payment will be mailed
• to the City at 7 North Dixie Highway, Lake Worth, FL 33460
6. The term of this Lease Agreement shall commence upon signature by both
parties ("the Effective Date") and shall be for a period of nineteen years and eleven
months. In accordance with the City's Charter, the City shall place a referendum before
registered voters within three years of execution of the Lease Agreement to provide for a
full 99-year lease term. The parties understand that the County wishes to manage the
City tract according to the terms of this Lease Agreement for a period of 99 years, and the
City, therefore, agrees to use its best efforts to call for a referendum that will extend the
term of the Lease for a fu1199-year lease term.
7. The County hereby agrees to manage the City tract as a natural area and to
design and construct public use features within and adjacent to the City tract in
accordance with this Lease Agreement and in accordance with all applicable federal, state
and local laws, rules and regulations.
8. The County shall use its best efforts to maintain existing biological
communities on the City tract in their natural state as examples of high quality spartina,
oyster, and mangrove ecosystems. It is the intent of the parties that the City tract shall be
managed solely as a nature preserve, to provide scientific and educational benefits, and to
provide recreational opportunities for residents and citizens of the City and the County.
The City tract shall be kept in its natural state such that present and future generations
• will be able to experience the natural values currently exhibited thereon, acts of God or
other events beyond the control of the County or the City notwithstanding.
9. The City shall use its best efforts, through its agents and employees, to prevent
the unauthorized use of the City tract or any use not compatible with the management of
the site as an outdoor recreational area and nature preserve.
10. The City tract shall be open to the public. Any permanent or temporary
restrictions on access will be agreed to jointly by the County and the City prior to the
completion of the recreational and/or environmental restoration project.
11. The parties hereto agree to review their respective zoning ordinances and
comprehensive plans and to take steps to designate the City tract appropriately in the
future, given its intended use as a nature preserve and nature-based outdoor recreation
site. The future land use designation assigned to the City tract shall be conservation. As
soon as possible, the City shall place a conservation easement in favor of the County on
the property and shall record the conservation easement in the public records of Palm
Beach County. If an amendment to the City's or County's comprehensive land use plan
or zoning ordinance is required, the amendment shall be proposed at the next available
comprehensive plan or zoning amendment cycle. In the event that a comprehensive land
use plan or zoning ordinance amendment is required of one party, a copy of the approved
amendment shall be submitted to the other party within thirty (30) days of the approval of
• the amendment by the appropriate governing entity.
12. The City hereby represents and warrants that it is seized of the City tract in fee
simple, that it has good title thereto, that it has full right to grant this Lease Agreement of
the City tract to the County, and that it is not aware of any hazardous condition on the
City tract that might affect any lawful use of the Property. The City also represents and
warrants to the County that there is not located in, on, upon, over, or under the City tract
any chemical, material, or substance that is prohibited, limited, or regulated by federal,
state, county, regional, or local authority. The City shall not be required under the terms
of this Lease to remove any chemical material or substance that is prohibited, limited, or
regulated by federal, state, regional, or local requirements. Notwithstanding, if during the
term of this Lease Agreement a hazardous condition or any prohibited, limited, or
regulated chemical, material, or substance is discovered on the City tract, the City hereby
• forever releases the County from any and all liability and responsibility for the same
13. The parties shall prepare, separately or jointly, brochures and other
educational material describing the natural resources, uses, and management of the City
3
tract. Any such materials prepared by one party shall be submitted to the other party for
• its prior review and approval. Approval shall not be unreasonably withheld. The cost of
any jointly-prepared materials shall be shared equally by the parties. The costs of any
material prepared individually shall be solely that party's responsibility.
ARTICLE II -RESPONSIBILITIES OF THE COUNTY
14. The County agrees to identify a County employee as a contact person to
interact with the City in planning for and constructing the public use features and the
restoration project on the City tract and adjacent to the City tract and in managing the
City tract as a natural area.
15. The County shall be responsible for the maintenance of the fishing pier,
boardwalk, educational kiosk(s), floating docks and signage and shall manage the City
tract for habitat preservation and passive recreation, keeping the property in its natural
state except for the maintenance of public access and public use features such as a fishing
pier, boardwalk, educational kiosk(s), floating docks and other facilities as agreed upon
by both parties as appropriate for a nature preserve. Management shall include, but shall
not be limited to, removal of exotic non-native invasive vegetation, planting of native
vegetation, preservation of wetland areas, periodic removal of trash and debris during
coastal cleanup events, and other maintenance and preservation activities deemed
necessary by the County. The County will provide all necessary personnel, professional
services, equipment, materials and supplies for ongoing, site-specific management of the
• City tract.
16. The County will manage the City tract on a countywide basis to protect
ecosystems and populations of listed species throughout the County's natural areas.
17. The County will erect signs identifying the Snook Islands Natural Area as
owned by the City and open to the public as a nature preserve and outdoor recreation site,
as having facilities constructed with funding sources that could include the Palm Beach
County's Natural Areas Stewardship Fund and the Florida Inland Navigation District, and
as managed by the County.
ARTICLE III -RESPONSIBILITIES OF THE CITY
18. The City shall identify a City employee as the contact person to interact with
the County in planning for and constructing the public use features and the restoration
project on the City tract and to assist in managing the City tract as a natural area.
19. The City shall assume sole responsibility for public safety and law
enforcement within and outside the City tract. The City shall perform routine patrols of
the City tract boundaries and use its best efforts to prevent vandalism, vehicular trespass,
dumping, and damage to property and natural resources.
20. T'he City shall provide regular trash and litter pickup and minor maintenance
along the City tract shoreline above the mean high water line, including but not limited
to, tree and vegetation trimming, mowing and edging. The City's minor maintenance
responsibilities are limited to removal of exotic vegetation along the western boundary of
the City tract above the high water line and periodic herbicide treatment and mowing of
that area.
21. The City shall assume sole responsibility for the daily opening and closing of
any gate providing public access to the City tract and the public use features. This
responsibility may be delegated to a local resident or stewardship group.
22. The City shall, in reviewing any proposed changes to, uses of, or activities on,
real property immediately adjacent to the City tract, consider the protection of the
biological communities on the City tract natural area and the potential for adverse
impacts to the species present.
4
23. The City will promptly consult with the County to determine the future of the
• City tract should any unforeseen events or activities, either natural or human-made,
severely limit or eliminate the natural resources and the public use facilities presently on
the site.
24. The City shall, at its sole expense, demolish the western portion of the
existing Lake Worth bridge, from its easternmost edge to the point where it meets land on
the City tract shoreline, so that the County may construct the agreed to public access
feature(s) at that location. In the event that the City is unable to provide the funds
necessary to demolish the western portion of the existing Lake Worth bridge, the County
will not be obligated to construct any public access features pursuant to this Lease
Agreement; however, the County will continue to manage the City tract as a natural area
pursuant to this Lease Agreement. In the alternative, in the event that the City is unable
to provide the funds necessary to demolish said bridge, the County may fund the
demolition of said bridge, and this Lease Agreement will remain in affect in all other
respects.
25. The City shall designate at
Golfview Road to accommodate public use
public use features to be constructed.
least five (5) parking spaces along North
of the Snook Islands Natural Area and the
26. The City shall for the life of this Lease Agreement provide the County
access to the City owned property upon which the floating docks are to be constructed.
• Such access is to be used by the County to construct and maintain the floating docks
constructed pursuant to this Agreement.
ARTICLE IV - DESIGN AND CONSTRUCTION OF PUBLIC USE FEATURES
27. A conceptual plan for the public use features to be constructed or provided on
and adjacent to the City tract is depicted on Exhibit "A" attached hereto. The County
shall design and construct the public use features including one or more informational
kiosks, a boardwalk, a fishing pier, and floating docks at its sole cost and expense in
accordance with the requirements of this Lease Agreement. Notwithstanding, the
County's obligation to construct and design such public use features is dependent on the
City's. demolition of the western portion of the existing Lake Worth bridge.
28. After approval of the public use features by the County, the County shall
provide a copy of the final design development plans to the City's contact person for
review and written approval. The City's contact person shall review such plans to ensure
consistency with the intent of this Lease Agreement. The City shall expeditiously review
and approve any site plan and associated engineering design plans for the proposed
project that require approval by the City.
29. The following minimum improvements as depicted on Exhibit "A" shall be
• provided by the County:
1. One or more Information Kiosks;
2. One 600 foot long by 6 foot wide Boardwalk with a 25' by 50'
Observation Platform;
3. One 450 foot long by 6 foot wide Fishing Pier with a 25' by 50'
"T-end";
4. One 360 foot long by 6 foot wide walkway connecting a Floating
Dock that is 60' to 120' with four to eight boat slips and a water
taxi pickup point at the terminus of the walkway.
• 30. The County shall not commence construction of any improvement(s) until the
City has approved the final design development plans for such improvement(s) in
writing.
• 31. The County shall prepare and submit an Environmental Resource Protection
("ERP") Application to the SFWMD and the U.S. Army Corps of Engineers for the
proposed public use access features depicted in Exhibit "A" and shall construct such
facilities in a timely manner, if the necessary permits are obtained. The parties
understand and agree that construction of the floating docks referenced herein is
dependent upon any necessary authorizations and approvals from the Florida Department
of Transportation for that portion of property owned by the State of Florida.
32. To the extent permitted by law, the City shall waive any municipal fees,
assessments, or permit fees applicable to the City tract due to the construction, use and
maintenance of the public use facilities.
ARTICLE IV -MISCELLANEOUS
33. Captions. The Captions and section designations herein set forth are for
convenience only and shall have no substantive meaning.
34. Effective Date of Agreement. This Lease Agreement is expressly contingent
upon the approval of the Palm Beach County Board of County Commissioners, and shall
become effective only when signed by both parties and approved by the Palm Beach
County Board of County Commissioners.
• 35. Indemnification. Each party shall be liable for its own actions and negligence
and, to the extent permitted under Florida law, the County shall indemnify, defend and
hold harmless the City against any actions, claims or damages arising out of the County's
negligence, and the City shall indemnify, defend and hold harmless the County against
any actions, claims or damages arising out of the City's negligence. However, nothing in
this paragraph shall be interpreted as a waiver of the City's or the County's sovereign
immunity as provided in Section 768.28, Florida Statutes, as amended from time to time.
36. Insurance. Without waiving the right to sovereign immunity as provided by
Chapter 768.28, Florida Statutes, the parties acknowledge to be insured or self-insured for
General Liability and Automobile Liability under Florida's sovereign immunity statute
with monetary waiver limits of $100,000 Per Person and $200,000 Per Occurrence, or
such limits that may change and be set forth by the legislature. 'The parties acknowledge
to be insured or self-insured for Worker's Compensation & Employer's Liability
insurance in accordance with Chapter 440, Florida Statutes. When requested, the parties
agree to provide a Certificate of Insurance evidencing insurance or self-insurance and/or
sovereign immunity status, which the parties agree to recognize as acceptable for the
above mentioned coverages.
37. Severability. In the event that any section, paragraph, sentence, clause, or
provision hereof shall be held by a court of competent jurisdiction to be invalid, such
shall not affect the remaining portions of this Lease Agreement and the same shall remain
. in full force and effect.
38. Governing Law. This Lease Agreement shall be governed by the laws of the
State of Florida. Venue shall be in Palm Beach County, Florida.
39. Notice. For the purposes of this Lease Agreement, notices to the other parry
shall be deemed sufficient when addressed to the following persons and addresses and
deposited in the United States Mail:
a. City of Lake Worth
Office of the City Manager
7 North Dixie Highway
Lake Worth, Florida 33460
• With copy to:
City Attorney
6
• b. Palm Beach County
Richard Walesky, Department Director
Department of Environmental Resources Management
2300 N. Jog Road
West Palm Beach, Florida 33411-2743
With copy to:
County Attorney's Office
Palm Beach County, 6~` Floor
301 N. Olive Avenue
West Palm Beach, FL 33401
Should either party change its address, written notice of such new address shall promptly be
sent to the other party.
40. Budgetary Ap royal. This Lease Agreement and all obligations of County
hereunder are subject to and contingent upon annual budgetary funding by the Board of
County Commissioners of Palm Beach County.
41. Termination. If the City fails to fulfill its obligations under this Lease
Agreement in a timely and proper manner, the County shall have the right to terminate
this Agreement by giving written notice of any deficiency and its intent to terminate. The
• City shall then have ninety (90) days from receipt of notice to correct the stated
deficiency. If the City fails to correct the deficiency within this time, unless otherwise
agreed by the parties, this Lease Agreement shall terminate at the expiration of the ninety
(90) day time period.
If the County fails to construct the public use facilities described in Exhibit "A" within
five (5) years of the Effective Date of this Lease Agreement, provided that the City
fulfills its obligation to demolish the western portion of the existing Lake Worth bridge,
the City may elect to terminate this Lease Agreement upon sixty (60) days prior written
notice to the County.
42. Non-exclusivity of Remedies. No remedy herein conferred upon any party is
intended to be exclusive of any other remedy, and each and every such remedy shall be
cumulative and shall be in addition to every other remedy given hereunder or now or
hereafter existing at law or in equity or by statute or otherwise. No single or partial
exercise by any party of any right, power, or remedy hereunder shall preclude any other
or further exercise thereof.
43. Non-Discrimination. The parties agree that no person shall, on the grounds of
race, color, sex, national origin, disability, religion, ancestry, marital status, age, or sexual
orientation be excluded from the benefits of, or be subjected to any form of
discrimination under any activity carried out by the performance of this Lease
• Agreement.
44. Construction. No party shall be considered the author of this Lease Agreement
since the parties hereto have participated in drafting this document to arrive at a final
Lease Agreement. Thus, the terms of this Agreement shall not be strictly construed
against one party as opposed to the other party based upon who drafted it.
45. Recording. The City shall record this Lease Agreement in the public records
of Palm Beach County, Florida.
46. Incorporation by Reference. Exhibits attached hereto and referenced herein
shall be deemed to be incorporated in this Lease Agreement by reference.
• 47. Hazardous Substances. The County shall comply with all applicable Federal,
State and local laws, regulations and ordinances protecting the environment and natural
resources and regulating hazardous substances.
7
•
. ,
48. Entirety of Agreement. This Lease Agreement shall be deemed to be the sole
agreement between the parties, and no prior agreements or other prior writings shall
supersede that which is contained in this Lease Agreement. The Lease Agreement may
be amended only by written document executed by both parties.
WHEREFORE, the parties hereto have set their hands and seals on the day set
forth next to their signatures.
ATTEST: PALM BEACH COUNTY, FLORIDA,
BY ITS BOARD OF COUNTY
COMMISSIONERS
Clerk
BY: BY:
Deputy Clerk ADDIE L. GREENE, Chairperson
DATE: DATE:
(SEAL)
APPROVED AS TO FORM AND
• LEGAL SUFFICIENCY:
BY:
Assistant County Attorney
DATE:
APPROVED AS TO TERMS AND
CONDITIONS:
BY:
Richard E. Walesky, Director
Dept. of Environmental Resources Management
DATE:
ATTEST:
BY:
Clerk
DATE:
(SEAL)
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY:
City Attorney
DATE:
CITY OF LAKE WORTH, FLORIDA,
BY ITS COMMISSION
BY:
Mayor
DATE:
8