8F1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY PLACEMENT: DEPARTMENTAL PRESET: 1:50 PM TITLE: STATUS UPDATE OF DERELICT VESSEL PROGRAM AGENDA ITEM DATES: MEETING DATE: 2/26/2013 COMPLETED DATE: 2/14/2013 COUNTY ATTORNEY: 2/4/2013 ASSISTANT COUNTY ADMINISTRATOR: 2/11/2013 REQUESTED BY: DEPARTMENT: PREPARED BY: Name: Nicki van Vonno, AICP, Growth Management Director Name: Procedures: None EXECUTIVE SUMMARY: Growth Management Paul Schilling and Phil Owen Senior Planner, and Senior Associate Planner Staff would like to provide an overview of the derelict vessel program. This item will outline the procedures for identifying and ultimately removing derelict vessels from the waterways within unincorporated Martin County. APPROVAL: LEG ACA CA BACKGROUND/RELATED STRATEGIC GOAL: 803e7ac3 PDF Page 1 of 54
Per state statute, a derelict vessel is any vessel left stored or abandoned in a wrecked or junked or substantially dismantled condition in any public waters of the state. Derelict vessels may be one or all of the following: a hazard to public safety, a hazard to the environment or a hazard to navigation. The statewide derelict vessel program is administered by the Florida Fish and Wildlife Conservation Commission (FFWCC). Phil Horning and Lt. Darrin Riley of the FFWCC will provide an overview presentation of the derelict vessel program. The vessel registration fees allocated to Martin County are apportioned as follows: Derelict Vessel 25%; Artificial Reef 25%; and Marine Infrastructure 50%. The Growth Management Department staff coordinates local derelict vessel investigations with the Martin County Sheriff Marine Unit. Deputy Justin Lundstedt of the Marine Unit will be attending the presentation and available for questions. State statute requires a sworn law enforcement officer to be the lead investigator to determine vessel registration and ownership information prior to removal. The Growth Management Department manages the program to include program funding, contractor selection and oversight, site inspections, database maintenance and multi-agency coordination. Staff has coordinated the removal of eighty six (86) derelict vessels from Martin County waterways since fiscal year 2008. The attached documents outline these activities geographically and provide sample derelict vessel cases with removal timeframes and costs. ISSUES: None RECOMMENDED ACTION: RECOMMENDATION The Board receives the update. ALTERNATIVE RECOMMENDATIONS None FISCAL IMPACT: RECOMMENDATION None ALTERNATIVE RECOMMENDATIONS None DOCUMENT(S) REQUIRING ACTION: Budget Transfer / Amendment Chair Letter Contract / Agreement Grant / Application Notice Ordinance Resolution 803e7ac3 PDF Page 2 of 54
Other: ROUTING: _ ADM _ BLD _ CDD _ COM _ ENG _ FRD _ GMD _ GSD _ ITS _ LIB _ MCA _ MPO _ PRD _ USD X CA X ACA X LEG 803e7ac3 PDF Page 3 of 54
Derelict Vessel Sample Cases CASE # LOCATION INITIAL INSPECTION DATE TAGGED REMOVAL DATE COST DV 12-0065098 MANATEE POCKET 12/6/2012 12/6/2012 1/8/2013 $3,000 DV 12-0065099 MANATEE POCKET 12/6/2012 12/6/2012 1/8/2013 $3,500 DV 13-0065880 JENSEN BEACH CAUSEWAY 12/6/2012 1/3/2013 1/17/2013 $5,800 DV 12-0063925 JENSEN BEACH CAUSEWAY 10/24/2012 10/22/2012 12/17/2012 $2,250 DV 12-0063721 STUART CAUSEWAY 10/10/2012 10/10/2012 11/19/2012 $2,250 DV 12-0062106 JENSEN BEACH CAUSEWAY 8/23/2012 8/28/2012 10/24/2012 $2,430 DV 12-0055787 SOUTH FORK, ST LUCIE RIVER 1/19/2012 2/10/2012 10/9/2012 $2,530 DV 12-0055237 PENDARVIS COVE 12/8/2011 12/8/2011 10/5/2012 $3,150 PDF Page 4 of 54
DERELICT VESSEL REMOVAL LIST FOR THE PAST 5 YEARS 1. Fiscal Year 2008 Number of vessels removed: 6 Cost of removal: $31,000.00 Location of removed vessel: Jensen Beach Causeway: 1 Palm City Bridge: 1 Pendarvis Cove: 4 2. Fiscal Year 2009 Number of vessels removed: 27 Cost of removal: $40,178.00 Location of removed vessels: Jensen Beach Causeway: 8 Pendarvis Cove: 11 North Fork of the St Lucie: 2 C-23 Canal: 2 Cross Roads: 1 Entrance to Willoby Creek: 1 Palm City Boat Ramp: 1 South County Line: 1 3. Fiscal Year 2010 Number of vessels removed: 25 Cost of removal: $40,225.00 Location of removed vessels: Jensen Beach Causeway: 16 Pendarvis Cove: 6 Manatee Pocket: 1 Palm City Bridge: 1 South Fork of the St Lucie: 1 PDF Page 5 of 54
4. Fiscal Year 2011 Number of vessels removed: 8 Cost of removal: $11,800.00 Location of removal: Jensen Beach Causeway: 2 Cross Roads: 1 Hobe Sound Boat Ramp: 1 ICW South: 1 Lighthouse Point: 1 Manatee Pocket: 1 North River Shores: 1 5. Fiscal Year 2012 Number of vessels removed: 10 Cost of removal: $16,235.00 Location of removed vessels: Jensen Beach Causeway: 4 ICW South County Line: 1 Manatee Pocket: 2 Pecks Lake: 1 Pendarvis Cove: 2 6. Fiscal Year 2013 Number of vessels removed: 6 Cost of removal: $6,910.00 Location of removed vessels: Jensen Beach Causeway: 2 Indiantown: 1 Pendarvis Cove: 1 South of the Palm City Bridge: 1 Stuart Causeway: 1 From Fiscal Year 2008 to present Total # of vessels removed: 83 Total removal cost: $186,348.00 PDF Page 6 of 54
Florida Fish and Wildlife Conservation Commission Derelict Vessels and the Statewide At-Risk & DV Program Martin County Commission DV Overview Presentation Phil Horning Division of Law Enforcement Boating and Waterways Section Waterway Management Unit (850) 617-9540 February 26 th, 2013 Martin County Derelict Vessel Overview Presentation 2/26/2013 PDF Page 7 of 54
Derelict Vessel 823.11 Abandoned and derelict vessels. (1) Derelict vessel means any vessel, as defined in s. 327.02, that is left, stored, or abandoned: (a) In a wrecked, junked, or substantially dismantled condition upon any public waters of this state. Martin County Derelict Vessel Overview Presentation 2/26/2013 PDF Page 8 of 54
MARTIN COUNTY DERELICT VESSEL MAP MARTIN PDF Page 9 of 54
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Where does the funding come from to remove these Derelict Vessels? S 328.72,F.S. Required Registration S 328.66,F.S. Optional Fees PDF Page 11 of 54
328.72,FS What can this money be used for? Such moneys to be returned to the counties are for the sole purposes of providing recreational channel marking and other uniform waterway markers, public boat ramps, lifts, and hoists, marine railways, and other public launching facilities, derelict vessel removal, and removal of vessels and floating structures deemed a hazard to public safety and health. PDF Page 12 of 54
328.66,FS What can this money be used for? All other moneys received from such fee shall be expended for the patrol, regulation, and maintenance of the lakes, rivers, and waters and for other boating-related activities of such municipality or county. A municipality that was imposing a registration fee before April 1, 1984, may continue to levy such fee, notwithstanding the provisions of this section. (2) Any county which imposes an annual registration fee may establish, by interlocal agreement with one or more of the municipalities located in the county, a distribution formula for dividing the proceeds of the fee or for use of the funds for boating-related projects located within the county or the municipality or municipalities, or the county and the municipality or municipalities. PDF Page 13 of 54
Statewide RVRF Worksheet County Dealer Rec Com Total Vsls RVRF OVRF Total Levy 14 3447 281 3742 $19,894.00 $0.00 $19,894.00 Liberty 3 984 15 1002 $3,381.70 $0.00 $3,381.70 Madison 1 1012 4 1017 $4,370.00 $0.00 $4,370.00 Manatee 79 14306 479 14864 $128,837.75 $236,467.11 $365,304.86 Marion 38 15721 170 15929 $86,056.85 $0.00 $86,056.85 Martin 99 13436 489 14024 $150,598.45 $249,251.76 $399,850.21 Miami-Dade 316 53156 1521 54993 $621,702.15 $992,698.80 $1,614,400.95 Monroe 84 19918 2269 22271 $240,628.45 $437,356.75 $677,985.20 Nassau 7 5028 132 5167 $31,622.05 $0.00 $31,622.05 Okaloosa 88 14650 355 15093 $124,249.95 $0.00 $124,249.95 Okeechobee 6 4051 123 4180 $26,383.25 $0.00 $26,383.25 Orange 134 23154 150 23438 $147,413.85 $0.00 $147,413.85 PDF Page 14 of 54
Statewide RVRF Worksheet County Dealer Rec Com Total Vsls RVRF OVRF Total Suwannee 4 2346 21 2371 $11,580.25 $0.00 $11,580.25 Taylor 10 3271 137 3418 $15,476.05 $0.00 $15,476.05 Union 0 781 4 785 $3,499.65 $0.00 $3,499.65 Volusia 111 22939 551 23601 $148,242.45 $308,445.13 $456,687.58 Wakulla 1 4103 307 4411 $21,904.95 $0.00 $21,904.95 Walton 4 4656 111 4771 $27,485.05 $0.00 $27,485.05 Washington 1 2117 8 2126 $7,123.95 $0.00 $7,123.95 3086 759175 20155 782416 $6,218,172.34 $6,513,106.45 $12,731,278.79 PDF Page 15 of 54
Florida Inland Navigational District 1314 Marcinski Road Jupiter, FL 33477 (561) 627-3386 Ad Valorem tax within county Special State Taxing District PDF Page 16 of 54
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Florida Boating Improvement Program Who may apply for a derelict vessel removal grant? All local governments in Florida are eligible for participation in this program. Florida Statutes require that the transfer of a vessel be made with a title. Failure to do so may cause the previous owner to remain legally responsible for a future derelict vessel. Failure by a vessel owner to notify DHSMV within 30 days of transferring title is a 2nd degree misdemeanor. See 328.64, F.S., for further information. For more information about the Derelict Vessel Removal Grant Program, please contact: Mr. Tim Woody Florida Fish and Wildlife Conservation Commission Division of Law Enforcement, 620 South Meridian Street Tallahassee, FL 32399-1600 Phone: 850-488-5600 Fax: 850-488-9284 $325,000.00 PDF Page 18 of 54
141 Nav Hazard DV s 219 Non Nav Hazard DV s 80 At Risk Vessels Total Estimated Removal Cost 3,415LF X $350.00 P/LF $1,195,250 Martin County Derelict Vessel Overview Presentation 2/26/2013 PDF Page 19 of 54
Prior to 2006 Only FWC was allowed to authorize a Law Enforcement action to remove a vessel from the waters of the state. Martin County Derelict Vessel Overview Presentation 2/26/2013 PDF Page 20 of 54
823.11(3)(a)F.S. The Fish and Wildlife Conservation Commission and its officers and all law enforcement officers as specified in s. 327.70 are authorized and empowered to remove or cause to be removed any abandoned or derelict vessel from public waters in any instance when the same obstructs or threatens to obstruct navigation or in any way constitutes a danger to the environment. Martin County Derelict Vessel Overview Presentation 2/26/2013 PDF Page 21 of 54
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The Statewide At Risk and Derelict Vessel Database What is it? Martin County Derelict Vessel Overview Presentation 2/26/2013 PDF Page 23 of 54
20 Sheriff s Offices 19 Police Departments 13 County Environmental Agencies 2 Circuit Court Prosecutors 1 Federal Agency Martin County Derelict Vessel Overview Presentation 2/26/2013 PDF Page 24 of 54
23 Sheriff s Offices 23 Sheriff s Offices 31 Police Departments 31 Police Departments 16 Other Users Sarasota County Coastal Resources Okaloosa Pasco Hillsborough Brevard Citrus Monroe Flagler Jacksonville St. Johns Martin Collier Putnam Charlotte Escambia Palm Beach Broward Pinellas Nassau Osceola Clay Sarasota City of Miami PD Port St. Lucie PD Panama City PD St. Petersburg PD Gulfport PD Treasure Island PD Key West PD Miami Dade PD Clearwater PD Stuart PD Hollywood PD Palm Beach PD Key Biscayne PD Cape Coral PD Ft. Pierce PD Riveria Beach PD St. Augustine PD Port Canaveral PD Tampa PD Sarasota PD Venice PD Sunny Isles PD Aventura PD Stuart PD Green Cove Springs PD Jupiter PD Boynton Beach PD Delray Beach PD Melbourne PD Bradenton Beach PD Longboat Key PD Lee County DNR Collier Coastal Management USCG Sector Miami Brevard County B&W St Augustine Port Authority Charlotte Parks and DNR Miami DERM City of Miami Public Works Pinellas State Attorneys Office St. Lucie State Attorneys Office Monroe County Marine Projects Escambia Marine Resources Div Okaloosa Public Works Seminole Water Quality Office Manatee Putnam County Parks and Rec Pasco Martin County Derelict Vessel Overview Presentation 2/26/2013 PDF Page 25 of 54
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Reduces Redundancy Improves Positional Accuracy Shows Trending Patterns Allows for Interagency Collaboration Martin County Derelict Vessel Overview Presentation 2/26/2013 PDF Page 37 of 54
At Risk Vessel A vessel exhibiting conditions known to precede a derelict vessel condition and that cause an officer to have just concern for its welfare. Martin County Derelict Vessel Overview Presentation 2/26/2013 PDF Page 38 of 54
80 Active Martin County Derelict Vessel Overview Presentation 2/26/2013 PDF Page 39 of 54
Preemptive Derelict Vessel Program At Risk Vessels Statewide Map Martin County Derelict Vessel Overview Presentation 2/26/2013 PDF Page 40 of 54
Officer will hang this notice on the vessel after entering the information into the database. This is notification to the owner and those around the vessel. 5 NOTICE ATTENTION VESSEL OWNER OR CARETAKER This vessel has been identified by a Law Enforcement Officer as being AT RISK of becoming a derelict vessel under Section 823.11 Florida Statute Your Attention To The Following Is Needed Immediately Improper, no, or non-working anchor light/hazard to navigation (Section 327.33 and 327.44 Florida Statutes) Vessel is being neglected, not maintained or is not able to be used for navigation as intended. Vessel does not comply with current registration requirements (Section 328.46 F.S.) Vessel is Barnacle Laden. Vessel Interior is Exposed to the Weather. Vessel is Listing. Vessel is Aground. Vessel is in Danger of Breaking its Mooring. Vessel is Sinking Other If your vessel is not brought into compliance and continues to deteriorate, it may be subject to removal at your expense. Please contact officer listed below when corrections have been made or if you have questions pertaining to this notice Agency s Name: Agency s Phone: Date: Officers Name (Please Print) 7 Martin County Derelict Vessel Overview Presentation 2/26/2013 PDF Page 41 of 54
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Moving Forward Martin County Derelict Vessel Overview Presentation 2/26/2013 PDF Page 44 of 54
Continue Promoting Removal Efforts Martin County Derelict Vessel Overview Presentation 2/26/2013 PDF Page 45 of 54
The Statewide At Risk and Derelict Vessel Database Who Has It? Martin County Derelict Vessel Overview Presentation 2/26/2013 PDF Page 46 of 54
Continue Project Collaboration Martin County Derelict Vessel Overview Presentation 2/26/2013 PDF Page 47 of 54
Increase Public Media Outreach Television PSA s Radio PSA s Press Release Evening News Martin County Derelict Vessel Overview Presentation 2/26/2013 PDF Page 48 of 54
Officer Initiated Community Policing Martin County Derelict Vessel Overview Presentation 2/26/2013 PDF Page 49 of 54
Legislative Modification 823.11, FS 705.103, FS 328.72, FS 376.15, FS Martin County Derelict Vessel Overview Presentation 2/26/2013 PDF Page 50 of 54
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Behavior Modification Through Judicial Precedent Martin County Derelict Vessel Overview Presentation 2/26/2013 PDF Page 52 of 54
Florida s Waterways are worth it! Martin County Derelict Vessel Overview Presentation 2/26/2013 PDF Page 53 of 54
Florida Fish and Wildlife Conservation Commission Derelict Vessels and the Statewide At-Risk & DV Program Martin County Commission DV Overview Presentation Phil Horning Division of Law Enforcement Boating and Waterways Section Waterway Management Unit (850) 617-9540 February 26 th, 2013 Martin County Derelict Vessel Overview Presentation 2/26/2013 PDF Page 54 of 54