Broward County Commission Regular Meeting
Director's Name: Lamar P. Fisher
Department: County Commission
Information
Requested Action
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MOTION TO DIRECT County Attorney’s Office to draft an Interlocal Agreement (“ILA”) with the City of Fort Lauderdale (“City”) regarding the establishment of an anchoring limitation area in Lake Sylvan (a/k/a Lake Sylvia) and, if the ILA is subsequently approved and executed by both the City and the County, to draft an Ordinance designating said anchoring limitation area; and to authorize the County Administrator or written designee to give required notice to the Florida Fish and Wildlife Conservation Commission (“FWCC”) and apply for relevant permits from the FWCC, subject to the receipt of the City’s full support regarding the permit application. (Commissioner Fisher)
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Why Action is Necessary
Direction by the Board of County Commissioners (“Board”) is required for the County Attorney’s Office to draft an Ordinance amending the Broward County Code of Ordinances.
What Action Accomplishes
Provides the required direction to the County Attorney’s Office and authorizes the County Administrator or written designee to provide required notice to, and apply for relevant permits from, the FWCC.
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Previous Action Taken
Summary Explanation/Background
In 2021 the Florida Legislature passed a bill amending Section 327.4108, Florida Statutes, which allows the County to establish anchoring limitation areas adjacent to urban areas that have residential docking facilities and significant recreational boating traffic. Under Florida law, the aggregate total of anchoring limitation areas in the County may not exceed 10% of the County’s navigable-in-fact waterways.
The City of Fort Lauderdale (“City”) has requested that the County designate an approximately 7.75-acre portion of Lake Sylvan (a/k/a Lake Sylvia) as an anchoring limitation area. Prior to establishing an anchoring limitation area, the County must give notice to the Florida Fish and Wildlife Conservation Commission (“FWCC”) of its intent to consider enacting an ordinance so that the FWCC may give required statutory notice. The Board may thereafter enact an ordinance to designate an area as an anchoring limitation area.
Chapter 21, Article XII, of the Broward County Code of Ordinances (“Code”) incorporates the anchoring limitations and enforcement procedures provided by Florida law and includes the currently designated anchoring limitation areas. Subject to certain limitations and exceptions, all persons are generally prohibited from anchoring a vessel in an anchoring limitation area for more than 45 consecutive days in any six-month period, and a law enforcement officer or agency may remove and impound a vessel that fails to comply with the requirements of the anchoring limitations. The Code, by incorporating Sections 327.4108(6)-(7), Florida Statutes, provides the process for a vessel owner or operator to provide proof that a vessel has not exceeded the anchoring limitations.
County staff has estimated the navigable-in-fact waterways east of fixed bridges to be 3,811 acres, as shown in light blue on Exhibit 1. Based on that estimate, Florida law limits the County to designating a total of 381 acres as anchoring limitation areas. The County has previously designated approximately 162 acres of waterways in the City of Hollywood, leaving approximately 219 acres available for further designation.
If this item is approved, the County Attorney’s Office will draft a proposed Interlocal Agreement with the City regarding the establishment of the anchoring limitation area, with the County being responsible for applying for all necessary permits, signage, and buoys required for the proposed anchoring limitation area, and the City being responsible for all application fees and supporting materials, as well as maintenance, repair, and enforcement obligations associated with the signage, buoys, and anchoring limitation area.
If the Interlocal Agreement is subsequently approved and executed by both the City and the County, the County Attorney’s Office will thereafter draft for the Board’s consideration the applicable ordinance to designate an anchoring limitation area within the area of Lake Sylvia specified in legal descriptions and maps provided by the City and confirmed by County staff. The County Administrator or written designee will provide the required notice to the FWCC and apply for any required permits.
Source of Additional Information
Mabel Hurtado, Commission Assistant, District 4, 954-357-7004
Fiscal Impact
Fiscal Impact/Cost Summary
To be determined by the Office of Management and Budget upon presentation of a draft Ordinance.