Broward County Commission Regular Meeting
Director's Name: Joseph Morris
Department: Port Everglades Division: Business Development
Information
Requested Action
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MOTION TO ADOPT Resolution of the Board of County Commissioners of Broward County, Florida, granting renewal of a nonexclusive, unrestricted Port Everglades vessel bunkering services franchise to Kirby Inland Marine, LP, for a new five-year term; providing for franchise terms and conditions.
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Why Action is Necessary
Pursuant to Section 32.22 of the Broward County Administrative Code (“Administrative Code”) and the applicable provisions of Chapter 94-429, Laws of Florida, Broward County (the “County”) must hold a public hearing prior to granting, renewing, placing on probation, suspending, or revoking a franchise.
What Action Accomplishes
Allows for the Broward County Board of County Commissioners’ (“Board”) consideration of the Resolution granting renewal of a nonexclusive, unrestricted Port Everglades vessel bunkering services franchise to Kirby Inland Marine, LP, for a new five-year term.
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Previous Action Taken
Request to Set Public Hearing was approved by the Board on September 16, 2025 (Item No. 20).
Summary Explanation/Background
THE PORT EVERGLADES DEPARTMENT RECOMMENDS APPROVAL.
This action supports the Broward County Board of County Commissioners’ (“Board”) Value of “Building partnerships and working collaboratively with others to meet shared objectives,” and the Goal of “Ensuring economic opportunities and a sustainable economy, with an emphasis on Broward’s lower and middle class.”
Kirby Inland Marine, LP (“Kirby”) has operated in Port Everglades since 2011. On September 22, 2020 (Item No. 33), the Board granted renewal of a nonexclusive franchise to Kirby Inland Marine, LP (“Kirby”) to provide vessel bunkering services at Port Everglades for a five-year term, from October 13, 2020, through October 12, 2025. Kirby has applied for renewal of the franchise.
Staff reviewed the vessel bunkering services franchise renewal application against the enumerated renewal criteria outlined in Chapter 32 of the Administrative Code. Staff's due diligence included, among other things: (a) corresponding with Kirby’s representative to clarify franchise requirements; (b) reviewing Kirby’s corporate status, resumes of executive staff, list of managerial personnel, business history/experience, litigation history, insurance certificate(s), financial documents and creditworthiness, discharge of previous financial obligations to the County, compliance with all franchise terms and conditions and established rules and regulations of the County, required licenses and certificates, company programs and policies, list of equipment to be used at Port Everglades, and statement of activities and actions indicating that Kirby has maintained a favorable service performance record in Port Everglades during the term of its prior franchise agreements; and (c) ensuring that Kirby has promoted and developed growth in the business activities, projects, or facilities of Port Everglades.
Kirby disclosed violations identified during 2022 and 2024 biennial reviews, as summarized in Section Q of the application. These violations pertain to spills of oil, ballast water, and hydrocarbons into the navigable waters of the United States, as well as reporting deficiencies related to fuel barge operations. None of these violations occurred as a result of operations at Port Everglades.
• Violations: 33 in Texas, nine in Louisiana, and one in Florida (total: 43)
• Warnings: nine in Texas, and one in Louisiana (total:10)
• Penalties: Kirby paid $45,050 in fines, and all cases have been closed
According to Kirby, the company operates approximately 1,094 inland tank barges and 281 towing vessels (as of early 2025). Kirby operates the nation’s largest fleet of inland tank barges and towing vessels, underscoring its industry leadership.
By submitting the signed franchise application, Kirby has agreed to comply with all franchise conditions outlined in Section 32.24 of the Administrative Code.
Based on the review of information provided in the franchise renewal application, staff recommends granting the vessel bunkering services franchise. Per Section 32.20 of the Administrative Code, the County may grant vessel bunkering services franchises for up to five years. Consistent with past practice, staff recommends granting the franchise for a new five-year term.
The Resolution to Publish Notice of Public Hearing and the signed franchise application documents were attached to the Request to Set Public Hearing Agenda Item that the Board approved on September 16, 2025 (Item No. 20).
Source of Additional Information
Jorge Hernández, Director, Business Development Division, Port Everglades Department, (954) 468-3501
Maria Mallarino, Franchise & Business Permit Manager, Business Development Division, Port Everglades Department, (954) 468-0185
Fiscal Impact
Fiscal Impact/Cost Summary
Kirby Inland Marine, LP has paid the required annual fee of $2,360 and will pay an additional $9,440 in annual franchise fees over the franchise term, for a total of $11,800.