HomeMy WebLinkAboutAgenda Packet 02.20.2024MOSQUITO CONTROL DISTRICT
AGENDA
ST. LUCIE COUNTY
Regular Meeting
Tuesday, February 20, 2024
1:00 PM
St. Lucie County Commission Chambers
2300 Virginia Avenue
3rd Floor of Roger Poitras Building
Fort Pierce, FL 34982
BOARD MEMBERS
District No. 2, Chair
LARRY LEET
District No. 3, Vice-Chair
LINDA BARTZ
District No. 1
CHRIS DZADOVSKY
District No. 4
JAMIE FOWLER
District No. 5
CATHY TOWNSEND
Mission Statement
St. Lucie Works to deliver superior service that enhances our quality of life
*Final on 2/13
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Regular Meeting Tuesday, February 20, 2024 1:00 PM
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WELCOME
All meetings are televised.
All meetings provided with wireless internet access for public convenience.
Please turn off all cell phones and pagers prior to entering the commission chambers.
Please mute the volume on all laptops and PDAs while in use in the commission chambers.
GENERAL RULES AND PROCEDURES – Attached is the agenda, which will determine the order of business conducted at today’s Board
meeting.
INVOCATION-PLEDGE – To bring order and decorum to its meeting, the Board begins its meetings with an invocation followed by the
Pledge of Allegiance. Participation is voluntary.
CONSENT AGENDA – These items are considered routine and are enacted by one motion. There will be no separate discussion of
these items unless a Commissioner so requests.
REGULAR AGENDA – Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will
discuss individually, usually in the order listed on the agenda.
PUBLIC HEARINGS – These items are usually heard on the first Tuesdays at 6 p.m. or as soon thereafter as possible. However, if a
public hearing is scheduled for a meeting on the third Tuesday, which begins at 9 a.m., then public hearings will be heard at 9
a.m. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior
to the listed time. The Chair will open each public hearing and asks anyone wishing to speak to come forward, one at a time.
Comments will be limited to five minutes, and must be pertinent to the agenda item being considered by the Board.
As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order
of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the
Chair will ask for public comment, (4) further discussion and action by the Board.
ADDRESSING THE COMMISSION – Please state your name and address, speaking clearly into the microphone. If you have backup
material, please have eight copies ready for distribution.
NON-AGENDA ITEMS – These items are presented by an individual Commissioner or staff as necessary at the conclusion of the
printed agenda.
PUBLIC COMMENT – Time is allotted at the beginning of each meeting for general public comment. Please limit comments to three
minutes. Comments may pertain to any matter related to the Board’s duties as the County’s governing body. Comments in support
or opposition to candidates for public office are not pertinent to the Board’s duties. This includes any speaker identifying himself or
herself as a candidate for public office.
DECORUM – Please be respectful of others’ opinions.
MEETINGS – All Board meetings are open to the public and are held on the first Tuesdays of each month at 6 p.m. and on the third
Tuesdays at 9 a.m., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras
Administration Annex at 2300 Virginia Ave., Fort Pierce, Fla. 34982. The Board schedules additional workshops throughout the year
necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring
accommodation to attend this meeting should contact the St. Lucie County Human Resources Department at 772-462-1456,
HumanResources@stlucieco.org or TDD 772-462-1428 at least 48 hours prior to the meeting.
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Regular Meeting Tuesday, February 20, 2024 1:00 PM
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1.CALL TO ORDER
2.GENERAL PUBLIC COMMENT
3.APPROVAL OF MINUTES
A.Board of County Commissioners minutes for the Mosquito Control District Meeting of January 23,
2024.
4.CONSENT AGENDA
A.WARRANTS
1.Warrant Lists 16 - 19
B.ADMINISTRATION
1.2024 State and Federal Program
Staff recommends the Board accept the 2024 State and Federal Program.
C.MOSQUITO CONTROL
1.Bear Point Mitigation Bank Credit Purchase Agreement - Sandpiper Resort Mangroves
Staff recommends that the Mosquito Control District approve the Bear Point Mitigation Bank
Credit Purchase Agreement to complete the sale of Mitigation Bank credits and process the
payment in the amount of $72,000.00, and authorize the Chair to sign the documents as
prepared and reviewed by the County Attorney.
2.Mapvision Hardware Upgrade - Contract C16-05-262 - Second Amendment
Staff recommends Board approval of Contract C16-05-262 - Second Amendment, for the
MapVsion Hardware upgrade, and the increase to the MapVsion Software License Agreement
#C16-05-262, which includes the Software License Agreement and the MapVision Annual
Service and Support.
5.REGULAR AGENDA
There are no items scheduled.
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Regular Meeting Tuesday, February 20, 2024 1:00 PM
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6.MOTION TO ADJOURN
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BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
Mosquito Control District Meeting
January 23, 2024 Convened: 1:13 PM Adjourned: 1:13 PM
1. CALL TO ORDER
The meeting was called to order at 1:13 PM by Chair Larry Leet, District No. 2.
Present
Commissioner Cathy Townsend District 5, Commissioner Linda Bartz District 3, Commissioner Chris
Dzadovsky District 1, Commissioner Larry Leet District 2, Commissioner Jamie Fowler District 4
Also Present
Dan McIntyre, County Attorney
George Landry, County Administrator
Mayte Santamaria, Deputy County Administrator
Jason Davis, Deputy County Administrator
Jennifer Hill, OMB Director
Barbara Guettler, MSBU Coordinator
Joshua Revord, Port Director
Benjamin Balcer, Planning & Development Services Director
Kori Benton, Planning & Development Services Planning Manager
Katrina Slay, Agenda Coordinator
Vera Smith, Deputy Clerk Recording Secretary
2. GENERAL PUBLIC COMMENT
Chair Leet opened the meeting for public comment at this time. With no one wishing to address the
Board, Chair Leet closed public comment.
3. APPROVAL OF MINUTES
A motion was made to approve all minute sets, and it passed unanimously.
RESULT: APPROVE
MOVER: Commissioner District 4 Jamie Fowler
SECONDER: Commissioner District 3 Linda Bartz
AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler
NAYS: None
EXCUSED: None
A. Board of County Commissioners minutes for the Mosquito Control District Meeting of
Page 5 of 78
Mosquito Control District Meeting Tuesday, January 23, 2024 1:00 PM
2 | Page
December 12, 2023.
4. CONSENT AGENDA
A motion was made to adopt the consent agenda, and it passed unanimously.
RESULT: APPROVE
MOVER: Commissioner District 5 Cathy Townsend
SECONDER: Commissioner District 4 Jamie Fowler
AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler
NAYS: None
EXCUSED: None
A. WARRANTS
1. Warrant Lists 10 - 15
Adopted by Consent Vote
5. REGULAR AGENDA
There were no items scheduled.
6. MOTION TO ADJOURN
With no other information to be brought for consideration before the Board, the meeting was
adjourned at 1:13 PM.
Please note: Final minutes are recorded in the official minute books filed with the Clerk of the
Circuit Court and available for inspection upon request.
Page 6 of 78
01/19/24 ST. LUCIE COUNTY - BOARD PAGE 1
FZABWARR WARRANT LIST #16- 13-JAN-2024 TO 19-JAN-2024
FUND SUMMARY- MOSQUITO
FUND TITLE EXPENSES PAYROLL
145 Mosquito Fund 22,743.96 51,284.86
GRAND TOTAL: 22,743.96 51,284.86
Page 7 of 78
01/26/24 ST. LUCIE COUNTY - BOARD PAGE 1
FZABWARR WARRANT LIST #17- 20-JAN-2024 TO 26-JAN-2024
FUND SUMMARY- MOSQUITO
FUND TITLE EXPENSES PAYROLL
145 Mosquito Fund 17,951.97 0.00
147 Bear Point Mitigation Fund 50.00 0.00
GRAND TOTAL: 18,001.97 0.00
Page 8 of 78
02/02/24 ST. LUCIE COUNTY - BOARD PAGE 1
FZABWARR WARRANT LIST #18- 27-JAN-2024 TO 02-FEB-2024
FUND SUMMARY- MOSQUITO
FUND TITLE EXPENSES PAYROLL
145 Mosquito Fund 6,853.47 52,820.75
147 Bear Point Mitigation Fund 192.00 0.00
GRAND TOTAL: 7,045.47 52,820.75
Page 9 of 78
02/09/24 ST. LUCIE COUNTY - BOARD PAGE 1
FZABWARR WARRANT LIST #19- 03-FEB-2024 TO 09-FEB-2024
FUND SUMMARY- MOSQUITO
FUND TITLE EXPENSES PAYROLL
145 Mosquito Fund 26,236.39 0.00
147 Bear Point Mitigation Fund 4,720.00 0.00
GRAND TOTAL: 30,956.39 0.00
Page 10 of 78
4.B.1.
2024-64378
CONSENT AGENDA -
GOVERNMENT RELATIONS
AGENDA REQUEST DATE: 2/20/2024
*ACTION ITEM - BOARD
ACCEPTANCE
QUASI-JUDICIAL ITEM? No
TO: Board of County Commissioners
PRESENTED BY: Courtney Calderone, Government Relations Division Director
SUBMITTED BY: Government Relations
SUBJECT: 2024 State and Federal Program
BACKGROUND:
Annually, the Board of County Commissioners approves the State and Federal legislative priorities to guide
the County's lobbying efforts at the state and federal level. Staff is seeking acceptance by this District to
further support the County's 2024 Legislative Programs.
PREVIOUS ACTION:
December 5, 2023 - BOCC approval of the 2024 Federal Program.
September 19, 2023 - BOCC approval of the 2024 State Program.
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends the Board accept the 2024 State and Federal Program.
COMMISSION ACTION:
RESULT:
MOVER: None
SECONDER: None
AYES: None
NAYS: None
EXCUSED: None
Coordination/Signatures
Page 11 of 78
Date: February 07, 2024
Courtney Calderone, Government Relations Division Director
Date: February 08, 2024
Daniel McIntyre, County Attorney
Date: February 08, 2024
George Landry, County Administrator
Page 12 of 78
State Legislative Program2024
ST. LUCIE BOARD OF COUNTY COMMISSIONERS
Inmate Medical Cap Local Bill
As a measure to contain the high cost of inmate medical care, this
proposed bill will reduce expenses by setting a reimbursement
amount paid by St. Lucie County to medical providers for health care
services for inmates and arrestees. Compensation is limited to 110% of
the Medicare allowable rate, or 125% of the Medicare allowable rate if
the health care provider reported a negative operating margin for the
previous year. The proposed local bill would place the same limits on
providers of emergency medical transportation services and provide
St. Lucie County with similar protections to those currently in place for
the Florida Department of Corrections (F.S. 945.6041).
Home Rule Authority Over Florida PACE Loan Providers
St. Lucie County proposes an amendment to FS 163.08 to clarify that
“Any local government, including a separate legal entity created
pursuant to s. 163.01(7), must have the written consent of each other
county or municipality within which it intends to operate through
an interlocal agreement before providing and financing qualifying
improvements within that county or municipality.” Since 2010, the
Florida Statutes have allowed for Property Assessed Clean Energy
(PACE) loans in Florida. Specifically, the Florida legislature allows
property owners to voluntarily finance improvements with local
government assistance, and FS 163.08 (2)(a) defines local government
as follows: “Local government” means a county, a municipality, a
dependent special district as defined in s. 189.012, or a separate legal
entity created pursuant to s. 163.01(7).
There are several PACE providers originating PACE loans across
Florida operating as “a separate legal entity created pursuant to FS
163.01(7).” It is St. Lucie County’s position that PACE loan providers
do not have the legal authority to provide loans without an executed
interlocal agreement with the local government in whose jurisdiction
they intend to provide loans, and that State law should be clarified so
that the PACE loan provider needs specific authorization from a local
government to operate within that local government’s jurisdiction.
Ten Mile Creek – Indian River Lagoon South
A critical component of the Comprehensive Everglades Restoration
Program (CERP) is the Indian River Lagoon-South (IRL-S) suite
of projects. This includes the C23/C24 STA and Reservoir system,
located in the western part of St. Lucie County. This new system will
include a northern diversion canal which will provide a resource for
excess stormwater to be discharged when the system calls for it. The
outfall for the excess water is a natural tidally influenced waterway
known as Ten Mile Creek. Ten Mile Creek is one of St. Lucie County’s
main drainage conveyances and runs straight down the middle of
the county, impacting many larger residential communities, and
eventually draining to the St. Lucie River and Estuary.
St. Lucie County supports coordination with the Florida Department of
Environmental Protection, South Florida Water Management District,
US Army Corp of Engineers, the 298s, and the public to address
the critical system impact of Ten Mile Creek and its influence on
drainage and water quality for County residents. The ongoing studies,
assessments, modeling, and data collection efforts are vital to the
outcome of the project. The County acknowledges that funding must
be identified and secured to implement solutions to Ten Milke Creek-
Indian River Lagoon South.
Streamlined Permitting for Railroad Crossings
The County supports increased cooperation between Florida
Department of Transportation (FDOT) and Florida East Coast Railroad
(FEC) and local governments to facilitate streamlined permitting to
ensure secure railway crossings.
STATE LEGISLATIVE PRIORITIES
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St. Lucie County Appropriation Request: Secondary Data Center for
Continuity of Operations and Continuity of Government
Total Project Cost: $10,000,000
Requested Amount: $5,000,000 | County Match: $5,000,000
The St. Lucie County Board of County Commissioners has one Information Technology data center
that supports the County, Constitutionals, and law enforcement. This single point of failure puts these organizations at risk. The proposed secondary data center is designed to support large-
scale applications to ensure the essential functions continue during a critical event or situation.
The proposed data center will have built-in security and scalability features as well as onsite and
internet-based accessibility. Housed in a controlled environment, the secondary data center will
have computing resources including applications servers, file and printer servers, communication servers, application software and operating systems to run them. The project will also include storage
subsystems and the network infrastructure.
St. Lucie County Local Government Funding Request (LGFR): Fort Pierce Shore Protection
Total Project Cost: $3,481,474
Requested Amount: $1,740,737 | County Match: $1,740,737
The Fort Pierce Shore Protection project is a federally authorized project and consists of the
restoration and maintenance of 2.3 miles of Atlantic shoreline in Fort Pierce, St. Lucie County. Initial
restoration of the project area began in 1971 with the construction of a 1.3-mile segment of beach
immediately south of the Fort Pierce Inlet. The present long-term management plan for restoration of the entire 2.3-mile shoreline consists of sand placement in the original northern 1.3-mile segment,
creating a natural feeder beach for the southern portion of the project. The next scheduled
nourishment event is proposed in Spring 2025.
St. Lucie County Local Government Funding Request (LGFR):
Fort Pierce Inlet Sand Trap Phase 1 Excavation
Total Project Cost: $5,410,000
Requested Amount: $2,705,000 | County Match: $2,705,000
The Fort Pierce Shore Protection Project is a federally authorized project and consists of the
restoration and maintenance of 2.3 miles of Atlantic shoreline immediately south of the Fort Pierce
Inlet. A sand trap was constructed and sited just inside the Fort Pierce Inlet, near the north jetty, to
capture sand migration from adjacent beaches. This sand is available for placement onto the down-
drift beach. As of February 2023, the Fort Pierce Sand Trap (Phase I) had surpassed design capacity
and was ready for excavation. The state may cost share at 50% for future maintenance dredging.
St. Lucie County Florida Seaports Priority Project List: Property Acquisition
Requested Amount: $10,000,000
The Port of Fort Pierce has identified property acquisition as its unfunded priority. St. Lucie County is
developing a regional stormwater solution for the undeveloped portions of the port. The preliminary
identified land is located within the Port Planning Area, but the County is not the primary landowner.
Additionally, there are strategic parcels that are adjacent to the port’s terminal that, if acquired, could
assist in the expansion of the current Maintenance, Repair, and Overhaul (MRO) operations. Property
acquisition will be critical in the future development of the Port of Fort Pierce.
APPROPRIATIONS
Page 14 of 78
St. Lucie County supports Home Rule, opposes Unfunded Mandates, and
opposes efforts to reduce local government revenue sources or limit
flexibility in how they are spent.
This guiding principle includes the County’s opposition to legislation that would
create cost shifts from traditionally state responsibilities, circumvent local oversight of development or tax issues, limit local control of critical services,
or impact our ability to provide a responsive and reflective local government
to our constituents. We also support legislation that creates additional
financial flexibility for local budgets, enhances local control of policies and
procedures impacting our residents and allows our County to – with the utmost responsiveness – meet the needs of the community.
St. Lucie County supports efforts and investment in Economic
Development initiatives that both contribute to the further diversification of our state and local economies and supports tourism
and cultural foundations upon which so much of our regional impact
depends on.
This guiding principle includes the County’s support for things such as full
funding for Visit Florida, the Florida Job Growth Grant Fund, and the Department
of State’s Arts and Cultural Grants.
St. Lucie County supports key investments into Environmental
and Natural Resources that protect Florida’s fragile environment,
strengthens our resilience against the impacts of climate change,
addresses the stresses and impacts of continued growth on our
Lagoon, lakes, rivers, streams, beaches, and ocean.
This guiding principle includes water and environmental projects critical to
the county and region, comprehensive Everglades restoration, beach and
inlet management and restoration, hurricane supplemental funding, and investments into the health and sustainability of the Indian River Lagoon.
St. Lucie County supports robust investment in public infrastructure that
supports both planned and potential growth, strengthens transportation
and communication networks, and provides greater mobility and accessibility for our residents.
This guiding principle includes full funding of Florida’s Transportation Five-Year Work Plan through State Transportation Trust Fund including appropriate
funding for road construction, public transit, deep water seaports such as the
Port of Fort Pierce, airports such as the Treasure Coast International Airport, and
the Strategic Intermodal System. It also includes expansion of state-supported
broadband, public access trail networks, funding for septic to sewer conversion and waste to energy projects, and other investments that enhance the quality
of life for all of St. Lucie County’s residents.
2024 Guiding Principles
ST. LUCIE BOARD OF COUNTY COMMISSIONERS
Page 15 of 78
St. Lucie County supports funding equity in critical public
safety investments.
This guiding principle includes appropriate state funding for required
school safety and resource officers, fair cost share of inmate medical
costs and juvenile justice per diem rates, increased investment into the
county Emergency Operations Center, and proper recurring funding of
Mental Health Court.
St. Lucie County supports better partnership and cost share of
critical public health and human services.
This guiding principle includes advocating for a cap on county
Medicaid cost growth, more robust funding for mental health and
substance abuse treatment and opposing efforts to modify or underfund the public health system and the role of county health
departments. It also includes appropriate statewide funding for
homelessness, county-specific appropriations projects, and funding for
Healthy Families and Community Healthcare Clinics.
St. Lucie County supports affordable housing initiatives.
This guiding principle includes full funding of the state’s affordable housing trust fund, addressing the home insurance crisis, expanding
local discretion for the local option property tax exemption, designating
a state entity responsible for enforcing and monitoring certain aspects
of the Live Local Act, providing clear criteria for local governments to
utilize when identifying parcels in compliance with affordable housing per ss. 125.379 and 166.0451 and consider including an enforcement
mechanism, expand infrastructure surtax statute to clearly include
construction costs for affordable housing development, modernize the
Affordable Housing Advisory Committee (AHAC) reporting requirement, and create a grant program to support local land use reform for
affordable housing.
St. Lucie County supports increased funding for public education and wrap around services that promote lifelong learning and personal advancement.
This guiding principle includes not only adequate state funding for K12 and early learning, but higher education investments at Indian River
State College with capital (PECO) and operating dollars that enhance
the quality of education and skill development opportunities available
to our residents. It also includes funding for education wrap around
services such as career and college counseling.
St. Lucie County supports financial investment and public policy
optimization that leads to the continued transformation of Florida’s
critically important agriculture industry and prepares it for a
sustainable future.
This guiding principle includes investments into UF/IFAS St. Lucie
County-based research and development projects, aquaculture
research, and Florida’s 4-H programs including others.
911 Public Safety Telecommunicators.
St. Lucie County supports legislation that would help the recruitment
and retention of 911 Public Safety Telecommunicators.
Page 16 of 78
St. Lucie County opposes unfunded mandates and efforts to reduce local government revenue sources or limit flexibility in how they are spent.
The County opposes legislation that shifts costs from traditionally federal responsibilities, circumvents local oversight, limits local control, or impacts our ability to provide effective local services to our constituents. We also support legislation that creates additional financial flexibility, enhances local control of policies and procedures, and allows our County to – with the utmost responsiveness – meet the needs of the community.
St. Lucie County supports robust investment in public infrastructure that supports both planned and potential growth, strengthens transportation and communication networks, and provides greater mobility and accessibility for our residents.
The County supports maintaining funding from the Bipartisan Infrastructure Law (BIL) and the Inflation Reduction Act (IRA) to enhance investment in our roads, railroad safety, bridges, transit, the Port of Fort Pierce, beaches and coastal amenities, environment, and the Strategic Intermodal System. We also support funding from those and other bills to support the expansion of broadband, increasing broadband affordability, and other investments that enhance the quality of life for St. Lucie County residents.
St. Lucie County supports key federal investments into projects and programs that protect Florida’s environment, strengthens resilience against the impacts of storm and climate change, and addresses the health of our waterways, including but not limited to the Indian River Lagoon, lakes, rivers, streams, beaches, and oceans.
The County supports funding and authorization necessary for St. Lucie County’s two federal Army Corps of Engineers beach nourishment projects: Fort Pierce and St. Lucie County, comprehensive Everglades restoration – including completion of the entire Indian River Lagoon-South project – completion of a Lake Okeechobee System Operating Manual that benefits our local waters, protection of offshore sand sources for the County’s future use, opposition to the expansion of offshore fossil fuel energy development near Florida, and continued investments into the health and sustainability of the Indian River Lagoon.
St. Lucie County supports federal engagement to address the nation’s mental health and opioid crises and invest in services to help with aging services and research.
The County supports expanded treatment options for the mentally ill, the preservation of Medicare and Medicaid, supports funding for programs that address the opioid epidemic, federal funding for Alzheimer’s and dementia research at the National Institute on Aging, and annual funding for Older Americans Act programs that support critical social service programs serving elder persons in St. Lucie County.
St. Lucie County supports ongoing investments in community development and homelessness assistance programs to support our most vulnerable populations as well as efforts to increase access to affordable housing.
The County supports programs such as the HOME Investment Partnerships, Community Development Block Grant, Community Services Block Grant, and the Low-Income Home Energy Assistance Program, among others. This also includes Homeless Assistance Grants, particularly for the Continuum of Care Program from which the County benefits. Further, the County supports adjusting area median income (AMI) calculations developed by the Department of Housing and Urban Development (HUD) to include more location-specific data rather than larger Metropolitan Statistical Areas determined by the Census Bureau. This precise data would allow for more accurate AMI calculations to be used for lower income individuals to whom HUD assistance should be targeted and increase affordable housing access for those most in need.
St. Lucie County supports federal legislation that ensures detained individuals and inmates have adequate medical care and maintain access to federal benefits.
The County supports addressing federal policies that contribute to the national behavioral and mental health crisis and seeks to reduce rates of recidivism in our local jails. The County takes a holistic approach to protect public wellbeing and make our community a healthier and safer place for our residents and visitors.
FederalPROGRAM
Guiding Principles
2024
Page 17 of 78
1. Explore all opportunities during the Fiscal Year 2025 appropriations
process to secure federal funding for key St. Lucie County priorities.
These include:
Necessary funding to initiate the Preconstruction Engineering and
Design phase of the next iteration of the Fort Pierce Beach project via
the Army Corps of Engineers.
Support funding to implement the Army Corps of Engineers
Section 219 environmental infrastructure authorization included in the
Water Resources Development Act of 2022 for St. Lucie, Martin, and
Palm Beach counties.
2. Support St. Lucie County’s efforts to extend the runway at the Treasure
Coast International Airport with appropriate federal agencies now
that the county has secured appropriated funds in the FY23 Federal
Omnibus bill for the project to extend the primary runway at the airport
by 1,008 feet, for a total length of 7,500 feet. This extension will assist
the airport in accommodating commercial aircraft most heavily utilized
by carriers likely to provide service to the Airport.
3. Support the County in its efforts to secure the Part 139 Certification at
the Treasure Coast International Airport. Part 139 will create jobs and
encourage economic development.
4. St. Lucie County supports appropriate federal funding to help respond
to the impacts of hurricanes and other disasters, including from
Hurricanes Ian and Nicole, particularly relating to Army Corps of
Engineers funding to restore the County’s two federal shore protection
projects to their pre-storm conditions.
5. St. Lucie County supports the prudent implementation of the Army
Corps of Engineers’ policy regarding perpetual construction easements.
Reasonable engineering discretion is required to determine how “integral”
specific real estate is to the performance of a federal beach project. The
Corps should allow for Jacksonville District discretion in determining how
unacquired easements impact project performance. The County supports
legislative action that ensures that shore protection projects with minimal
real estate challenges can proceed without delay, as originally authorized
by Congress.
6. St. Lucie County supports the ongoing federal Fort Pierce Beach Section
203/403 Conditional Authorization effort, which includes a new 50-year
beach project life/agreement with the U.S. Army Corps of Engineers
(USACE) and the addition of T-groin structures to better manage regional
sands. St. Lucie County and the Port of Fort Pierce support maritime
requests which will assist in the economic development of the port, most
importantly in policy and funding initiatives.
7. St. Lucie County supports the expansion of an existing Opportunity Zone
to include the Port of Fort Pierce and Harbour Point to enhance economic
development opportunities.
8. Support St. Lucie County applications for competitive federal grant
programs, including but not limited to, opportunities created by the
Bipartisan Infrastructure Law (BIL) and the Inflation Reduction Act (IRA).
9. St. Lucie County supports a statute of limitations be approved regarding
future claw backs of state and local funding from the American Rescue
Plan Act.
www.StLucieCo.gov
FederalPROGRAM
Priorities: Appropriations and Policies
2024
Page 18 of 78
ITEM NO. (ID # 2024-64322)
DATE: 2/20/2024
AGENDA REQUEST
TO: Mosquito Control District
PRESENTED BY: Roger Jacobsen, Mosquito Control Director
SUBMITTED BY: Mosquito Control
SUBJECT: Bear Point Mitigation Bank Credit Purchase Agreement - Sandpiper Resort
Mangroves
BACKGROUND:
The Bear Point Mitigation Bank offers secure and beneficial environmental credits that help to improve the
health of the Indian River Lagoon. It is a 317-acre mangrove saltwater marsh located in St. Lucie County and
has operated successfully along the Lagoon near Fort Pierce since 2003. The bank, permitted by the Florida
Department of Environmental Protection and U.S. Army Corps of Engineers sell Mangrove Forest credits that
are valued in terms of the ecological value of the Mitigation Bank. The funds collected are used to preserve
and maintain wetland habitat as a way of sustaining the ecological and hydrological functions of the Indian
River Lagoon. The primary
service covers the barrier islands and the mainland Indian River waterfront from the Sebastian Inlet on the
north to St. Lucie Inlet on the south. The purchase agreement outlines the sale of Mitigation Bank credits
required by FDEP for the applicant to offset their development's estuarine impact. Please see the included
Bear Point Mitigation Bank Credit Purchase Agreement - Sandpiper Resort Mangroves
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
The developer, Store Capital Acquisitions, LLC, c/o Chad Freed and Altitude Hospitality, LLC, c/o Keith Lee will
pay St. Lucie County Mosquito Control the sum of $72,000.00 for .4 State credits. Upon receipt, this revenue
will be posted into Revenue Account Number 147-0000-369960-000
RECOMMENDATION:
Staff recommends that the Mosquito Control District approve the Bear Point Mitigation Bank Credit Purchase
Agreement to complete the sale of Mitigation Bank credits and process the payment in the amount of
$72,000.00, and authorize the Chair to sign the documents as prepared and reviewed by the County
Attorney.
COMMISSION ACTION:
RESULT:
Page 19 of 78
MOVER: None
SECONDER: None
AYES: None
NAYS: None
EXCUSED: None
Coordination/Signatures
Date: January 25, 2024
Roger Jacobsen, Mosquito Control Director
Date: February 01, 2024
Daniel McIntyre, County Attorney
Date: February 02, 2024
Jason Davis, Deputy County Administrator I
Page 20 of 78
1
MITIGATION BANK CREDIT PURCHASE AGREEMENT
THIS AGREEMENT made and entered into this ______ day of _______________, ________, by
and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (“County”), whose
address is 2300 Virginia Avenue, Fort Pierce, Florida, 34982, STORE CAPITAL ACQUISITIUONS, LLC c/o
Chad Freed, 8377 E. Hartford Dr., Ste 100, Scottsdale, AZ 85255 and ALTITUDE HOSPITALITY, LLC c/o
Keith Lee, 4500 SE Pine Valley St., Pt. St. Lucie, FL 34952 (the “Buyer”), for the project known as
Sandpiper Resort Mangroves .
WITNESSETH:
WHEREAS, the County owns and operates the Bear Point Mitigation Bank, (“Bank”); and,
WHEREAS, the Buyer has entered into a Consent Order (OGC File No. 23-1762) with the Florida
Department of Environmental Protection (“Agency”) for certain property lying in the Bank’s Mitigation
Service Area; and,
WHEREAS, the Consent Order requires the Buyer to purchase credits in the Bank; and,
WHEREAS, in accordance with the Consent Order, the Buyer desires to purchase 0.40 State
Credits from the Bank.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree
as follows:
1. The County agrees to sell and the Buyer agrees to purchase 0.40 State Credits in
accordance with the Consent Order. The purchase price for the Credits is Seventy-Two thousand and
00/100 dollars ($72,000.00).
2. The Buyer shall pay the purchase price for the Credits to the County in full within thirty
(30) days of the date of this Agreement. Payment shall be delivered to the St. Lucie County Finance
Director, 2300 Virginia Avenue, Fort Pierce, FL 34982. Upon payment in full of the purchase price, the
County shall issue a written receipt to the Buyer acknowledging such payment. In the event the
purchase price is not paid in full within thirty (30) days of the date of this Agreement, this Agreement
shall be null and void and the County shall make the above-referenced Credits available to other parties.
3. It shall be the responsibility of the Buyer to provide the Agency with a copy of the
receipt or other acceptable proof indicating purchase of the Credits.
4. Any disputes relating to interpretation of the terms of this Agreement or a question of
fact or arising under this Agreement shall be resolved through good faith efforts upon the part of the
Buyer and the County. Any dispute which is not resolved by mutual agreement shall be decided by the
County Administrator who shall reduce the decision to writing. The decision of the County shall be final
and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious,
arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial
Page 21 of 78
2
evidence.
5. Prior to initiating any litigation concerning this Agreement, the parties agree to submit
the disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a
mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County.
The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the
mediation process shall be confidential and the results of the mediation or any testimony or argument
introduced at the mediation shall not be admissible as evidence in any subsequent proceeding
concerning the disputed issue.
6. This Agreement constitutes the entire agreement between the parties with respect to
the subject matter hereof and supersedes all prior verbal or written agreements between the parties
with respect thereto. This Agreement may only be amended by written document, properly authorized,
executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit. All
interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for
either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial
Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for
any claims which are justiciable in federal court.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day first
above written.
WITNESSES: ST. LUCIE COUNTY, FLORIDA
____________________________ BY:______________________________________
COUNTY ADMINISTRATOR
____________________________
APPROVED AS TO FORM AND
CORRECTNESS:
__________________________________________
COUNTY ATTORNEY
ATTEST: STORE CAPITAL ACQUISITIONS, LLC
BY:_____________________________________
PRESIDENT
_____________________________
ALTITUDE HOSPITALITY, LLC
SECRETARY
BY:______________________________________
PRESIDENT
(SEAL)
Page 22 of 78
3
S:\atty\agreemnt\contract\bearpt.Sandpiper Resort Mangrove
Page 23 of 78
www.FloridaDEP.gov
FLORIDA DEPARTMENT OF
Environmental Protection
Southeast District Office
3301 Gun Club Road, MSC 7210-1
West Palm Beach, FL 33406
561-681-6600
Ron DeSantis Governor
Jeanette Nuñez
Lt. Governor
Shawn Hamilton
Secretary
January 23, 2024
Store Capital Acquisitions, LLC
c/o Chad Freed,
8377 E. Hartford Dr., STE 100
Scottsdale, AZ 85255
cfreed@storecapital.com
Altitude Hospitality, LLC
c/o Keith Lee
4500 SE Pine Valley Street,
Port Saint Lucie, FL 34952
klee@feenixpartners.com
SUBJECT: Department of Environmental Protection v. Store Capital Acquisitions, LLC &
Altitude Hospitality LLC
OGC File No.: 23-1762
St. Lucie County
Dear Mr. Freed and Mr. Lee,
Enclosed is the executed Consent Order to resolve the above referenced case. This copy is for your
records. Please be mindful of all required deadlines within the Order to ensure compliance.
Should you have any questions or comments, please contact Patricia Andrade at 561-681-6629 or
via e-mail at Patricia.Andrade@FloridaDEP.gov.
Sincerely,
Sirena Davila
Director, Southeast District
Florida Department of Environmental Protection
Enclosure: Consent Order and Attachments I - V
For
Page 24 of 78
Department of Environmental Protection v. Store Capital Acquisitions, LLC & Altitude Hospitality, LLC
OGC File No.: 23-1762
Site No.: 435405; Project No.: 410938
Page 2 of 2
ec: Sirena Davila, FDEP – SED, Sirena.Davila@FloridaDEP.gov
Luciano Guidoni, FDEP – SED, Luciano.Guidoni@FloridaDEP.gov
Patricia Andrade, FDEP-SED, Patricia.Andrade@FloridaDEP.gov
Jon W. Moore, FDEP-SED, Jon.W.Moore@FloridaDEP.gov
Sara Armour, FDEP, Sara.Armour@FloridaDEP.gov
Jason Andreotta, FDEP, Jason.Andreotta@FloridaDEP.gov
Jessica Kramer, FDEP, Jessica.L.Kramer@FloridaDEP.gov
Irene Arpayoglou, FDEP, Irene.Arpayoglou@dep.state.fl.us
Alex Kuchta, FDEP, Alexandra.Kuchta@FloridaDEP.gov
Jerry Breslin, Schwartz | Breslin PLLC, jb@jsjb.law
Mike Garafolo, Capital Build Group, mike@capitolfl.com
Tim Atkinson, tatkinson@ohfc.com
Maegan Wettlaufer, Cox Pinson Environmental Solutions, maegan@cpenviro.net
David Cox, Cox Pinson Environmental Solutions, david@cpenviro.net
Lyena Hale, Store Capital Acquisitions, lhale@storecapital.com
Page 25 of 78
SLERP/CO 11/2022
BEFORE THE STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
STATE OF FLORIDA DEPARTMENT ) IN THE OFFICE OF THE
OF ENVIRONMENTAL PROTECTION ) SOUTHEAST DISTRICT
)
Complainant, )
) OGC FILE NO. 23-1762
vs. )
)
STORE CAPITAL ACQUISITIONS, LLC )
)
and )
)
ALTITUDE HOSPITALITY, LLC )
)
Respondents. )
)
CONSENT ORDER
This Consent Order is entered into between the State of Florida Department of
Environmental Protection ("Department"), Store Capital Acquisitions, LLC
(“Respondent Store Capital”) and Altitude Hospitality, LLC (“Respondent Altitude
Hospitality”), collectively known as Respondents herein after, to reach settlement of
certain matters at issue between the Department and Respondents.
The Department finds and the Respondents admit the following:
1.The Department is the administrative agency of the State of Florida
having the power and duty to protect Florida's air and water resources and to
administer and enforce Chapter 373, Part IV, and Chapter 403, Florida Statutes (F.S.),
and the rules promulgated and authorized thereunder, Title 62, Florida Administrative
Code (F.A.C.). The Department has jurisdiction over the matters addressed in this
Consent Order.
2.Respondents are each “persons” within the meaning of sections 253.04
and 373.019(15), F.S.
Page 26 of 78
SLERP/CO 11/2022
3.Respondent Store Capital is the owner of property located at 4500 SE Pine
Valley St., Port St Lucie, FL, in St. Lucie County (Parcel No. 4423-210-0001-000-3),
approximately at 27°14'33.3406" x -80°18'35.7815") as depicted in Exhibit A attached
hereto and incorporated herein.
4.Respondent Altitude Hospitality leases the Property and conducted the
activities described in paragraph 5 below.
5.An inspection conducted by Department personnel on May 10 and 17,
2023, revealed that approximately 17,789 sq. ft. of mangroves were altered without a valid
permit from the Department, in violation of section 403.9328, F.S. An inspection
conducted on May 31, 2023, revealed that unauthorized filling of wetlands (mangrove
fringe) and other surface waters had occurred, in violation of section 403.9328, F.S., and
Rules 18-20.004 and 62-330.020, F.A.C., and a surface water quality exceedance was noted
for turbidity, in violation of Rule 62-302.700, F.A.C. The activities were conducted on the
above-described property within the landward and waterward extent of North Fork St.
Lucie Aquatic Preserve and Outstanding Florida Waters, Class III Waters of the State, as
defined by Florida Law.
Having reached a resolution of the matter Respondent and the Department
mutually agree and it is,
ORDERED:
6.Within 30 days of the effective date of this Consent Order, Respondent
Altitude Hospitality shall pay the Department $110,395.00 in settlement of the matters
addressed in this Consent Order. This amount includes $1,000.00 for costs and
expenses incurred by the Department during the investigation of this matter and the
preparation and tracking of this Consent Order. The penalty in this case includes four
violations of $2,000.00 or more.
7.Respondent Altitude Hospitality shall make all payments required by this
Order by cashier's check, money order or online payment. Cashier’s check or money
order shall be made payable to the “Department of Environmental Protection” and shall
include both the OGC number assigned to this Order and the notation “Water Quality
Page 27 of 78
SLERP/CO 11/2022
Assurance Trust Fund.” Online payments by e-check can be made by going to the DEP
Business Portal at http://www.fldepportal.com/go/pay/ It will take a number of
days after this order becomes final, effective and filed with the Clerk of the Department
before ability to make online payment is available.
8. Respondent Store Capital shall allow Respondent Altitude Hospitality
and its representatives access to the Property to see through completion of all corrective
actions required by this Order.
9. Within 90 days of the effective date of this Order, Respondent Altitude
Hospitality shall submit a written estimate of the total cost of the corrective actions
required by this Order to the Department. The written estimate shall identify the
information the Respondent relied upon to provide the estimate.
10. With the exception of the activities described in the Restoration Actions,
effective immediately and henceforth, Respondents shall not conduct any dredging,
filling, or construction activities on or within the landward extent of waters of the state
without first obtaining a valid Department permit or written notification from the
Department that the activities appear to be exempt as proposed from Department
permitting requirements; nor shall Respondents conduct any activities on state owned
lands below the ordinary or mean high water lines without first obtaining a lease,
easement, or other consent of use from the Department.
11. Respondent Altitude Hospitality shall implement the Restoration Actions
attached hereto and incorporated herein as Attachment I in the manner and within the
time frames specified therein.
12. Once the Restoration Actions have been completed, Respondent Altitude
Hospitality shall implement the Maintenance and Monitoring Actions attached hereto
and incorporated herein as Attachment II in the manner and within the time frames
specified therein.
13. Within 60 days of the effective date of this Order, Respondent Altitude
Hospitality shall submit a request to the St. Lucie County Board of County
Commissioners or the County Administrator ("the County") to purchase 0.4 Mangrove
Credits form Bear Point Mitigation Bank to offset the temporal loss of function from
Page 28 of 78
SLERP/CO 11/2022
the impacts to the mangrove fringe which meets the assessment requirements of Rule
62-345, F.A.C.
14. Within 60 days of approval by the County, Respondent Altitude
Hospitality shall complete the purchase of credits and provide the Department with
documentation demonstrating the deduction of credits from the Bear Point's
Mitigation Bank's ledger for this case.
15. Within 180 days of the effective date of this Order, Respondents shall
complete all of the following for the execution of a Declaration and Covenant of
Mangrove Regulation ("Declaration"), which is attached and incorporated hereto as
Attachment III:
a) Submit to the Department a professional surveyor sketch of the
Restoration Area to be subject to the Declaration, and a legal description of the
Property;
b) Retain a title company to perform a title search to be submitted directly to
the Department for review;
c) Submit to the Department subordination agreements for all mortgage and
lien holders; if a mortgage or lienholder declines to enter into a subordination
agreement, Trustees shall complete the following:
(i) submit to the Department documentation evidencing the refusal to
subordinate, and
(ii) provide written notice of executing the Declaration to the lienholder(s)
if requested by the Department;
d) Upon Department approval, sign the approved Declaration and submit to
the Department;
e) Upon approval, the title company will record the Declaration in the
official land records of St. Lucie County and submit a copy of the recorded
Declaration, evidencing the recordation date and book and page number(s) of the
official land records.
16. The purpose of the Declaration is to impose mangrove trimming and
Page 29 of 78
SLERP/CO 11/2022
alteration restrictions for the restoration of the height and configuration of the
mangroves on the Property that existed prior to the April 2023 through May 2023
unauthorized trimming and alteration activities. Upon completion of all success criteria,
Respondent may request of the declaration from the Department, the mangroves within
the Restoration Area shall be allowed to grow to the following minimum heights before
requesting release of the Declaration:
a) Area A as depicted in Exhibit B of this Order shall reach an average
of at least 10 feet as measured from substrate.
b) Area B as depicted in Exhibit B of this Order shall reach an average
of at least 25 feet as measured from substrate.
17. Respondents agree to pay the Department stipulated penalties in the
amount of $1,000.00 per day for each and every day Respondents fail to timely comply
with any of the requirements of this Consent Order applicable to them. A separate
stipulated penalty shall be assessed for each violation of this Order. Within 30 days of
written demand from the Department, Respondent Altitude Hospitality shall make
payment of the appropriate stipulated penalties to the "The Department of
Environmental Protection" by cashier's check or money order and shall include thereon
the OGC number assigned to this Consent Order and the notation "Water Quality
Assurance Trust Fund." The Department may make demands for payment at any time
after violations occur. Nothing in this paragraph shall prevent the Department from
filing suit to specifically enforce any of the terms of this Consent Order. Any penalties
assessed under this paragraph shall be in addition to the settlement sum agreed to in
paragraph 6 of this Consent Order. If the Department is required to file a lawsuit to
recover stipulated penalties under this paragraph, the Department will not be
foreclosed from seeking civil penalties for violations of this Consent Order in an
amount greater than the stipulated penalties due under this paragraph.
18. If any event, including administrative or judicial challenges by third
parties unrelated to the Respondents, occurs which causes delay or the reasonable
likelihood of delay, in complying with the requirements of this Consent Order,
Page 30 of 78
SLERP/CO 11/2022
Respondents shall have the burden of proving the delay was or will be caused by
circumstances beyond the reasonable control of the Respondents and could not have
been or cannot be overcome by Respondents due diligence. Economic circumstances
shall not be considered circumstances beyond the control of Respondents, nor shall the
failure of a contractor, subcontractor, materialman or other agent (collectively referred
to as "contractor") to whom responsibility for performance is delegated to meet
contractually imposed deadlines be a cause beyond the control of Respondents, unless
the cause of the contractor's late performance was also beyond the contractor's control.
Upon occurrence of an event causing delay, or upon becoming aware of a potential for
delay, Respondents shall notify the Department orally within 24 hours or by the next
working day and shall, within seven calendar days of oral notification to the
Department, notify the Department in writing of the anticipated length and cause of the
delay, the measures taken or to be taken to prevent or minimize the delay and the
timetable by which Respondents intend to implement these measures. If the parties can
agree that the delay or anticipated delay has been or will be caused by circumstances
beyond the reasonable control of Respondents, the time for performance hereunder
shall be extended for a period equal to the agreed delay resulting from such
circumstances. Such agreement shall adopt all reasonable measures necessary to avoid
or minimize delay. Failure of Respondents to comply with the notice requirements of
this Paragraph in a timely manner shall constitute a waiver of Respondents’ right to
request an extension of time for compliance with the requirements of this Consent
Order.
19. Respondents shall allow all authorized representatives of the Department
access to the property at reasonable times for the purpose of determining compliance
with the terms of this Consent Order and the rules and statutes of the Department.
20. Entry of this Consent Order does not relieve Respondents of the need to
comply with applicable federal, state or local laws, regulations or ordinances.
21. The terms and conditions set forth in this Consent Order may be enforced
in a court of competent jurisdiction pursuant to Sections 120.69 and 373.129, Florida
Page 31 of 78
SLERP/CO 11/2022
Statutes. Failure to comply with the terms of this Consent Order shall constitute a
violation of Section 373.430, Florida Statutes.
22. Respondents are fully aware that a violation of the terms of this Consent
Order may subject Respondents to judicial imposition of damages, civil penalties of up
to $15,000 per day per violation and administrative fines of up to $10,000 per day per
violation and criminal penalties.
23. Persons who are not parties to this Consent Order but whose substantial
interests are affected by this Consent Order have a right, pursuant to Sections 120.569
and 120.57, Florida Statutes, to petition for an administrative hearing on it. The Petition
must contain the information set forth below and must be filed (received) at the
Department's Office of General Counsel, 3900 Commonwealth Boulevard, MS-35,
Tallahassee, Florida 32399-3000, or received via electronic correspondence at
Agency_Clerk@floridadep.gov, within 21 days of receipt of this notice. A copy of the
Petition must also be mailed at the time of filing to the District Office named above at
the address indicated. Failure to file a petition within the 21 days constitutes a waiver
of any right such person has to an administrative hearing pursuant to Sections 120.569
and 120.57, Florida Statutes.
The petition shall contain the following information:
a) The name and address of each agency affected and each agency’s file or
identification number, if known;
b) The name, address, any e-mail address, any facsimile number, and telephone
number of the petitioner, if the petitioner is not represented by an attorney or
a qualified representative; the name, address, and telephone number of the
petitioner’s representative, if any, which shall be the address for service
purposes during the course of the proceeding; and an explanation of how the
petitioner’s substantial interests will be affected by the agency determination;
c) A statement of when and how the petitioner received notice of the agency
decision;
d) A statement of all disputed issues of material fact. If there are none, the
Page 32 of 78
SLERP/CO 11/2022
petition must so indicate;
e) A concise statement of the ultimate facts alleged, including the specific facts
the petitioner contends warrant reversal or modification of the agency’s
proposed action;
f) A statement of the specific rules or statutes the petitioner contends require
reversal or modification of the agency’s proposed action, including an
explanation of how the alleged facts relate to the specific rules or statutes; and
g) A statement of the relief sought by the petitioner, stating precisely the action
petitioner wishes the agency to take with respect to the agency’s proposed
action.
If a petition is filed, the administrative hearing process is designed to formulate
agency action. Accordingly, the Department's final action may be different from the
position taken by it in this Notice. Persons whose substantial interests will be affected
by any decision of the Department the subject Consent Order have the right to petition
to become a party to the proceeding. The petition must conform to the requirements
specified above and be filed (received) within 21 days of receipt of this notice in the
Office of General Counsel at the above address of the Department. Failure to petition
within the allowed time frame constitutes a waiver of any right such person has to
request a hearing under Sections 120.569 and 120.57, Florida Statutes, and to participate
as a party to this proceeding. Any subsequent intervention will only be at the approval
of the presiding officer upon motion filed pursuant to Rule 28-106.205, Florida
Administrative Code.
A person whose substantial interests are affected by the Consent Order may file a
timely petition for an administrative hearing under Sections 120.569 and 120.57, Florida
Statutes, or may choose to pursue mediation as an alternative remedy under Section
120.573, Florida Statutes, before the deadline for filing a petition. Choosing mediation
will not adversely affect the right to a hearing if mediation does not result in a
settlement. The procedures for pursuing mediation are set forth below.
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SLERP/CO 11/2022
Mediation may only take place if the Department and all the parties to the
proceeding agree that mediation is appropriate. A person may pursue mediation by
reaching a mediation agreement with all parties to the proceeding (which include the
Respondent, the Department, and any person who has filed a timely and sufficient
petition for a hearing) and by showing how the substantial interests of each mediating
party are affected by the Consent Order. The agreement must be filed in (received by)
the Office of General Counsel of the Department at 3900 Commonwealth Boulevard,
Mail Station 35, Tallahassee, Florida 32399-3000, or received via electronic
correspondence at Agency_Clerk@floridadep.gov, within 10 days after the deadline as
set forth above for the filing of a petition.
The agreement to mediate must include the following:
(a) The names, addresses, and telephone numbers of any persons who may
attend the mediation;
(b) The name, address, and telephone number of the mediator selected by the
parties, or a provision for selecting a mediator within a specified time;
(c) The agreed allocation of the costs and fees associated with the mediation;
(d) The agreement of the parties on the confidentiality of discussions and
documents introduced during mediation;
(e) The date, time, and place of the first mediation session, or a deadline for
holding the first session, if no mediator has yet been chosen;
(f) The name of each party’s representative who shall have authority to settle or
recommend settlement; and
(g) Either an explanation of how the substantial interests of each mediating
party will be affected by the action or proposed action addressed in this notice of intent
or a statement clearly identifying the petition for hearing that each party has already
filed and incorporating it by reference.
(h) The signatures of all parties or their authorized representatives.
As provided in Section 120.573, Florida Statutes, the timely agreement of all
parties to mediate will toll the time limitations imposed by Sections 120.569 and 120.57,
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SLERP/CO 11/2022
Florida Statutes, for requesting and holding an administrative hearing. Unless
otherwise agreed by the parties, the mediation must be concluded within sixty days of
the execution of the agreement. If mediation results in settlement of the administrative
dispute, the Department must enter a final order incorporating the agreement of the
parties. Persons whose substantial interests will be affected by such a modified final
decision of the Department have a right to petition for a hearing only in accordance
with the requirements for such petitions set forth above and must therefore file their
petitions within 21 days of receipt of this notice. If mediation terminates without
settlement of the dispute, the Department shall notify all parties in writing that the
administrative hearing processes under Sections 120.569 and 120.57, Florida Statutes,
remain available for disposition of the dispute, and the notice will specify the deadlines
that then will apply for challenging the agency action and electing remedies under
those two statutes.
24.The Department hereby expressly reserves the right to initiate appropriate
legal action to prevent or prohibit any violations of applicable statues, or the rules
promulgated thereunder that are not specifically addressed by the terms of this Consent
Order.
25.The Department, for and in consideration of the complete and timely
performance by Respondents of the obligations agreed to in this Consent Order, hereby
waives its right to seek judicial imposition of damages or civil penalties for alleged
violations addressed in this Consent Order.
26.Respondents acknowledge and waive its right to an administrative hearing
pursuant to Sections 120.569 and 120.57, Florida Statutes, on the terms of this Consent
Order. Respondents acknowledge its right to appeal the terms of this Consent Order
pursuant to Section 120.68, Florida Statutes, and waives that right upon signing this
Consent Order.
27.Electronic signatures or other versions of the parties’ signatures, such as
.pdf or facsimile, shall be valid and have the same force and effect as originals. No
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SLERP/CO 11/2022
modifications of the terms of this Consent Order shall be effective until reduced to
writing and executed by both Respondents and the Department.
28. All submittals and payments required by this Consent Order to be
submitted to the Department shall be sent to the Florida Department of Environmental
Protection, attn. Patricia Andrade, 3301 Gun Club Road MSC 7210-1, West Palm Beach,
FL 33406, or by email at SED_Compliance@FloridaDEP.gov.
29. In the event of a sale or conveyance of the property, if all of the
requirements of this Consent Order have not been fully satisfied, Respondents shall, at
least 30 days prior to the sale or conveyance of the property, (1) notify the Department
of such sale or conveyance and (2) provide a copy of this Consent Order with all
attachments to the new owner. The sale or conveyance of the property shall not relieve
the Respondent of the obligations imposed in this Consent Order.
30. This Consent Order is a settlement of the Department’s civil and
administrative authority arising under Florida law to resolve the matters addressed
herein. This Consent Order is not a settlement of any criminal liabilities which may arise
under Florida law, nor is it a settlement of any violation which may be prosecuted
criminally or civilly under federal law.
31. This Consent Order is a final order of the Department pursuant to Section
120.52(7), Florida Statutes, and it is final and effective on the date filed with the Clerk of
the Department unless a Petition for Administrative Hearing is filed in accordance with
Chapter 120, Florida Statutes. Upon the timely filing of a petition this Consent Order
will not be effective until further order of the Department.
Page 36 of 78
For
01-23-2024
23rd January 24 Palm Beach County
Page 37 of 78
ATTACHMENT I
RESTORATION ACTIONS
OGC FILE NO. 23-1762
DEP VS. STORE CAPITAL ACQUISITIONS, LLC & ALTITUDE HOSPITALITY, LLC
1. Within 120 days of the effective date of this Order, Respondent
Altitude Hospitality shall complete the following Restoration Actions:
a. Fully implement the Mangrove Restoration and Monitoring Plan
attached hereto and incorporated herein as Attachment IV.
b. Notify the Department at least 48 hours prior to the
commencement of work under these Restoration Actions.
c. Prior to planting, restore the restoration area to the grade existing
prior to the dredging or filling addressed in this Order, including
restoring gullies and rills. All fill removed from the restoration area shall
be placed in a self-contained upland location which will not discharge to
waters of the state. During regrading, turbidity and erosion control
measures shall be used to ensure that Florida Administrative Code Rule
62302 is not violated.
d. Stake the boundaries of the Restoration Area depicted in
“Attachment IV” for approval by the Department, prior to undertaking
any restoration work required in these Restoration Actions. This staked
line shall remain in place during all phases of restoration and no wetlands
or waters of the state shall be disturbed or affected by restoration
activities.
e. Turbidity barriers such as staked hay bales, staked silt screen,
floating turbidity curtains shall be installed no more than 5 feet from the
waterward or downstream edge of the restoration area to control turbidity
during all restoration activities. The turbidity barriers shall be maintained
and shall remain in place until the restoration actions are completed and
the turbidity is measured at less than 0 NTUs over background levels.
Page 38 of 78
f. During and after regrading, stabilize all side slopes as soon as
possible to prevent erosion, siltation, or turbid runoff into waters of the
State, but, in any event, no later than 72 hours after attaining final grade.
g. Any regrading or planting of the restoration area shall be
conducted so as not to affect wetland areas outside the restoration area.
h. Prior to planting but after any required regrading, remove all exotic
and nuisance vegetation. Nuisance and exotic vegetation includes all
species of vegetation listed on the Florida Exotic Pest Plant Council’s 2019
List of Invasive Plant Species, attached hereto as “Attachment V”.
i. All exotic vegetation shall be removed from the restoration area
using handheld equipment in a manner that will minimize impacts to the
existing wetland plants and will not cause ruts in the wetland soils which
will impede or divert the flow of surface waters.
j. The stumps of exotic plants previously removed shall be treated
annually or as necessary to prevent regrowth, with an appropriate
systemic herbicide approved by the Department in advance.
k. Prior to planting, debris from earlier trimming and cutting shall be
removed from the restoration area and placed in an upland location.
2. Within 30 days of completion of the above Restoration Actions,
Respondent Altitude Hospitality shall submit the following information to the
Department:
a. Written notification that the Restoration Actions have been
completed.
b. Enough color photographs to show the entire completed
restoration area taken from fixed reference points shown on a plan
view drawing.
c. Nursery receipts for all plants used in the Restoration Actions.
d. Number and spacing of each species planted
Page 39 of 78
ATTACHMENT II
MAINTENANCE AND MONITORING ACTIONS
OGC FILE NO. 23-1762
DEP VS. STORE CAPITAL ACQUISITIONS, LLC & ALTITUDE HOSPITALITY LLC
Within 30 days of the completion of the Restoration Actions outlined in
Attachment I, Respondent Altitude Hospitality shall implement the following
Maintenance and Monitoring Actions:
1. For 5 years following completion of the Restoration Actions, inspect the
restoration area quarterly for the first year and semi-annually thereafter. The purpose of
the monitoring shall be to determine the success of the restoration.
2. "Success of the restoration" means that at the end of the monitoring
schedule the following success criteria are met in each restoration area required in the
Restoration Actions. At each inspection in the Monitoring Schedule, Respondent
Altitude Hospitality shall replace enough dead plants to ensure that at least 80%
percent of the original number of each species planted in the restoration area is alive.
a. At least 80 percent have survived, and the survivors have achieved
at least a 30 percent mean annual growth rate as measured by the
statistically valid methods found in Daubenmire, R. (1968), Oosting
(1956), or Mueller-Dombois and Ellenberg (1974).
b. The total contribution to percent cover by the nuisance and exotic
vegetation listed on the Florida Exotic Pest Plant Council’s (FLEPPC)
2019 List of Invasive Plant Species (Attachment V) is less than 10 percent.
c. The restoration areas have been inspected by the Department and
the Department has informed the Respondent Altitude Hospitality in
writing that all the restoration areas are within the landward extent of
waters of the state as defined in Florida Administrative Code Rule 62-340.
3. During each inspection, remove all nuisance and exotic vegetation listed
in the Florida Exotic Pest Plant Council’s 2019 List of Invasive Plant Species
(Attachment V) without disturbing the other existing vegetation in the restoration area.
Page 40 of 78
4. Within 30 days after the completion of each inspection in the monitoring
schedule, complete a monitoring report and submit it to the Department. The
monitoring reports shall include the following information:
a. Date of the inspection.
b. Color photographs taken from the same locations as the pictures
taken in the Restoration Actions.
c. Either an actual count or a statistically valid estimate* of the
percentage of each species planted in the Restoration Actions that has
survived compared to the total number of plants in the restoration areas.
d. The number of each species replanted to reach the 80 percent
survival rate.
e. Description of any nuisance or exotic species removal.
f. A plan view noting the locations of all replantings.
g. Growth data for a statistically valid subsample* of trees including
height, diameter at breast height, and mean annual growth rate.
* Statistically valid estimating methods include those found in Daubenmire, R.
(1968), Oosting (1956), or Mueller-Dombois and Ellenberg (1974), or other method
approved by the Department. More information on these methods will be provided by
the Department upon request.
5. If after a period of two years of the five-year monitoring period from the
original planting, the Restoration Area is not clearly trending towards meeting the
success criteria, submit an Alternative Restoration Plan to the Department for approval
and implementation, which shall be prepared by a professional qualified in mangrove
restoration.
6. If the restoration area is not deemed successful after the last semi-annual
monitoring event, continue to perform the Maintenance and Monitoring actions until
the Department has informed Respondent Altitude Hospitality that the success criteria
have been met, including the submittal and implementation of alternate planting plans
if deemed necessary.
Page 41 of 78
7. Any mangrove trimming performed during the monitoring period shall
be done in accordance with the 1996 Mangrove Trimming and Preservation Act, be
limited to the established exemption criteria, be performed by a Professional Mangrove
Trimmer as applicable pursuant to the 1996 Mangrove Trimming and Preservation Act,
and not include any area inside of the restoration area or include any of the restoration
plantings.
Page 42 of 78
ATTACHMENT III
DECLARATION AND COVENANT OF MANGROVE REGULATION
OGC FILE NO. 23-1762
DEP VS. STORE CAPITAL ACQUISITIONS, LLC & ALTITUDE HOSPITALITY, LLC
THIS DECLARATION AND COVENANT OF MANGROVE REGULATION is entered
into this day of 2023, by Store Capital Acquisitions, LLC, having an address at 8377
E. Hartford Dr., Ste. 100, Scottsdale, AZ, 85255 ("DECLARANT"), at the request of the
State of Florida Department of Environmental Protection, whose address is Department
of Environmental Protection, 3900 Commonwealth Boulevard, Tallahassee, Florida
32399-3000 ("DEPARTMENT").
The term "DECLARANT" shall include the singular and the plural, and the heirs,
successors and assigns of DECLARANT and all subsequent owners of the Property, and
the provisions of this covenant shall be binding upon and inure to the benefit of the
Department. The term "DEPARTMENT" shall include any successor or assignee of the
DEPARTMENT.
WITNESSETH WHEREAS, the DECLARANT is the sole owner in fee simple of certain
lands situated in St Lucie County, Florida, more specifically described in Exhibit A
attached hereto and incorporated herein ("Property"); and
WHEREAS, the DEPARTMENT finds that on or around April 2023 through May 2023,
DECLARANT’s lessee Altitude Hospitality, or a contractor or agent on behalf of
Altitude Hospitality, conducted activities on the Property, which are subject to the
regulatory authority of the DEPARTMENT under Chapter 403 of the Florida Statutes,
consisting of unauthorized alteration of Rhizophora mangle (red
mangroves) and Avicennia germinans (black mangroves) (collectively referred to as
"mangroves" unless otherwise specified) on the Property within the landward extent of
the North Fork St. Lucie River Aquatic Preserve and within the landward extent of
wetlands; and WHEREAS, prior to the unauthorized mangrove alteration, Areas A and
B as depicted in Exhibit B, attached hereto and incorporated herein, contained
mangroves with an average height of at least 10 feet and 25 feet, respectively, as
measured from substrate; and
WHEREAS, DECLARANT’s lessee Altitude Hospitality, with DECLARANT’s approval,
agrees to plant 2,780 mangroves on the Property as a requirement of the Consent Order,
OGC File No. 23-1762; and
WHEREAS, DECLARANT’s lessee Altitude Hospitality, with DECLARANT’s approval
has agreed to restore the mangroves on the Property back to the historic configuration
that existed prior to the unauthorized mangrove alteration.
Page 43 of 78
SLERP/RAFF/0797.2
Declaration and Covenant of Mangrove Regulation
OGC FILE No. 23-1762
DEP vs. Store Capital Acquisitions, LLC & Altitude Hospitality, LLC
Page 2 of 8
NOW THEREFORE, in consideration of the above and the mutual covenants, terms,
conditions and restrictions contained herein, together with other good and valuable
consideration, the adequacy and receipt of which is hereby acknowledged,
DECLARANT hereby voluntarily grants and conveys to the DEPARTMENT this
Declaration against the Property which shall run with the land and be binding upon the
DECLARANT and shall remain in full force and effect until released pursuant to the
terms herein.
The scope, nature and character of this Declaration shall be as follows:
1. Purpose. The purpose of this Declaration is to impose mangrove trimming and
alteration restrictions for the restoration of the pre-altered configuration of Rhizophora
mangle (red mangroves) and Avicennia germinans (black mangroves) on the Property,
within the landward extent of the North Fork St. Lucie River Aquatic Preserve and
within the landward extent of wetlands, which existed prior to the April 2023 through
May 2023 unauthorized mangrove alteration activities.
The pre-altered configuration consisted of the following: (a) Area A as depicted in
Exhibit B, attached hereto and incorporated herein, contained mangroves with an
average height of at least 10 feet, as measured from substrate, and (b) Area B as
depicted in Exhibit B, attached hereto and incorporated herein, contained mangroves
with an average height of at least 25 feet, as measured from substrate (''Pre-altered
Configuration"). This Pre-altered Configuration of mangroves on the Property shall be
restored on the Property.
2. Mangrove Restoration. The DECLARANT shall authorize their lessee, Altitude
Hospitality, to implement the planting and restoration of mangroves along the
shoreline of the Property, within the landward extent of the North Fork St. Lucie
River Aquatic Preserve and within the landward extent of wetlands, as further
required by the Consent Order and the Mangrove Restoration and Monitoring
Plan, attached hereto and incorporated herein as Attachment IV.
3. Mangrove Alteration or Trimming. There shall be no alteration, removal, or trimming
of mangroves on DECLARANT'S Property, unless mangroves are located outside of the
Restoration Area. All trimming and alteration of mangroves outside of the Restoration
Area shall be done in accordance with Florida Statutes sections 403.9321 - 403.9333
("Mangrove Trimming and Preservation Act").
The following conditions and restrictions to mangrove alteration or trimming shall
apply:
Page 44 of 78
SLERP/RAFF/0797.3
Declaration and Covenant of Mangrove Regulation
OGC FILE No. 23-1762
DEP vs. Store Capital Acquisitions, LLC & Altitude Hospitality, LLC
Page 3 of 8
a. At such time as the mangroves in Area A as depicted in Exhibit B, attached
hereto and incorporated herein, reach an average height of at least 10 feet as
measured from the substrate, trimming may occur in accordance with
Florida Statutes sections 403.9321 - 403.9333 ("Mangrove Trimming and
Preservation Act").
b. At such time as the mangroves in Area B as depicted in Exhibit B, attached
hereto and incorporated herein, reach an average height of at least 25 feet as
measured from the substrate, trimming may occur in accordance with
Florida Statutes sections 403.9321 - 403.9333 ("Mangrove Trimming and
Preservation Act").
c. All mangrove trimming activities shall be conducted in a manner that does not
defoliate, destroy mangroves, or otherwise alter mangroves.
d. The prop roots of any Rhizophora mangle (red mangrove) shall not be
trimmed.
4. Reserved Rights. DECLARANT reserves to itself all rights as owner of the Property,
including the right to engage in uses of the Property that are not prohibited herein,
which are not inconsistent with any DEPARTMENT rule, criteria, permit, and the intent
and purposes of this Declaration.
5. Enforcement Discretion. The DEPARTMENT is given the right to enforce this
Declaration by injunction or proceed at law or in equity to enforce the provisions and
the purpose of this Declaration and covenants set forth herein, to prevent the
occurrence of any of the prohibited activities hereinafter set forth, and the right to
require DECLARANT to restore and mitigate for any unauthorized mangrove
alteration or trimming, subsequent to the date of execution of this Declaration, in
contravention of the covenants established herein. Enforcement of the terms, provisions
and restrictions of this Declaration shall be at the sole discretion of the DEPARTMENT,
and any forbearance on behalf of the DEPARTMENT to exercise its rights hereunder in
the event of any breach by DECLARANT, shall not be deemed or construed to be a
waiver of the DEPARTMENT'S rights. For the purpose of monitoring the covenants and
restrictions contained in this Declaration, the DEPARTMENT is granted the right of
entry upon the Property in a reasonable manner and upon reasonable notice to the
DECLARANT. The DEPARTMENT agrees that notwithstanding any future delegation
to a local government pursuant to Section 403.9324, Florida Statutes, that
DEPARTMENT shall retain exclusive authority to enforce the terms of this Declaration.
6. Enforcement Costs. If the DEPARTMENT prevails in an enforcement action over the
violation of the terms and conditions of this Declaration, it shall be entitled to recover
costs, including expert witness fees, as well as the reasonable cost of restoring the
Page 45 of 78
SLERP/RAFF/0797.4
Declaration and Covenant of Mangrove Regulation
OGC FILE No. 23-1762
DEP vs. Store Capital Acquisitions, LLC & Altitude Hospitality, LLC
Page 4 of 8
mangroves to the Pre-altered Configuration. These remedies are in addition to any
other remedy, fine or penalty which may be applicable under Chapters 373 and 403,
Florida Statutes, or at law or in equity.
7. Recording in Land Records. DECLARANT agrees to record this Declaration and any
amendments hereto in the official land records of St Lucie County, Florida.
DECLARANT shall pay all recording costs and taxes necessary to record this
Declaration in the public records. Upon recordation of this Declaration and any
subsequent amendments, DECLARANT shall submit to the DEPARTMENT a copy of
the recorded instrument evidencing the recordation date and book and page number of
the official land records of St Lucie County, Florida.
8. Successors. The covenants, terms, conditions and restrictions of this Declaration shall
be binding upon, and inure to the benefit of the parties hereto, DECLARANT'S
respective personal representatives, heirs, successors and shall continue as a servitude
running in perpetuity with the Property.
9. Notices. All notices, consents, approvals or other communications hereunder shall be
in writing and shall be deemed properly given if sent by United States certified mail,
return receipt requested, addressed to the appropriate party or successor-in-interest.
10. Subsequent Deeds. In order to ensure the perpetual nature of the covenants and
restrictions contained in this Declaration, in any subsequent deed or other legal
instrument by which DECLARANT divests itself of any interest in the Property,
DECLARANT shall reference this Declaration and any amendments hereto, along with
the book and page numbers of the official land records of St Lucie County, Florida,
where this Declaration and any amendments are recorded, as required by paragraph 7
of this Declaration. DECLARANT further agrees to give written notice to
DEPARTMENT of the transfer of any interest at least thirty 30 days prior to the
date of such transfer. The failure of Grantor to perform any act required by this
paragraph shall not impair the validity of this Declaration or limit its enforceability in
any way.
11. Severability. If any provision of this Declaration or the application thereof to any
person or circumstances is found to be invalid, the remainder of the provisions of this
Declaration shall not be affected thereby, as long as the purpose of the Declaration is
preserved.
12. Release of Declaration. The purpose of the Declaration is to impose mangrove
trimming and alteration restrictions for the restoration of the height and configuration
of the mangroves on the Property that existed prior to the April 2023 through May 2023
Page 46 of 78
SLERP/RAFF/0797.5
Declaration and Covenant of Mangrove Regulation
OGC FILE No. 23-1762
DEP vs. Store Capital Acquisitions, LLC & Altitude Hospitality, LLC
Page 5 of 8
unauthorized trimming and alteration activities. Upon completion of all success criteria
DECLARANT may request the Department release the Declaration, and the Department
shall release the Declaration, when the mangroves within the Restoration Area shall be
allowed to grow to the following minimum heights before requesting release of the
Declaration:
a)Area A as depicted in Exhibit B of this Order shall reach an average of at least
10 feet as measured from substrate.
b)Area B as depicted in Exhibit B of this Order shall reach an average of at least
25 feet as measured from substrate.
13.Alteration or Revocation. This Declaration may be amended or modified only by
written agreement between the parties hereto. Further, this Declaration may be
released, in whole or in part, by the DEPARTMENT at any time and upon prior notice.
Any amendment, modification, release, or termination of the Declaration shall be filed
in the public records of St Lucie County.
14.Controlling Law. The interpretation and performance of this Declaration shall be
governed by the laws of the State of Florida.
TO HAVE AND TO HOLD unto the DEPARTMENT forever. The covenants, terms,
conditions, restrictions and purpose imposed with this Declaration shall be binding
upon DECLARANT and shall continue as a servitude running in perpetuity with the
Property.
DECLARANT hereby covenants and represents with said DEPARTMENT that
DECLARANT is lawfully seized of said Property in fee simple; that the Property is free
and clear of all encumbrances that could impair GRANTOR'S rights to impose the
restrictive covenants imposed in this Declaration, all mortgages have been joined or
subordinated; and that DECLARANT has good right and lawful authority to create,
establish, and impose this Declaration.
IN WITNESS WHEREOF, the DECLARANT has executed this Declaration on the day
and year first above written.
Page 47 of 78
SLERP/RAFF/0797.6
Declaration and Covenant of Mangrove Regulation
OGC FILE No. 23-1762
DEP vs. Store Capital Acquisitions, LLC & Altitude Hospitality, LLC
Page 6 of 8
Signed, sealed and delivered
in our presence as witnesses:
Signature of Witness Chad Freed, Manager,
Executive Vice President
and General Counsel
Printed/Typed Name
Signature of Witness
Printed/Typed Name
STATE OF ARIZONA
COUNTY OF
The foregoing instrument was acknowledged before me this day of ,
20 , by Chad Freed. They are personally known to me or each produced
as identification.
(SEAL)
Notary Public Signature
Printed/Typed Name of Notary
Commission No.
Commission Expires
Store Capital Acquisitions, LLC
a Foreign Limited Liability Co.
Page 48 of 78
11/9/23, 12:12 PM (https://paslc.gov/) Saint Lucie County Property Appraiser
Michelle Franklin CFA
Declaration and Covenant of Mangrove Regulation
OGC FILE No. 23-1762
DEP vs. Store Capital Acquisitions, LLC & Altitude Hospitality, LLC
Page 7 of 8
Click here for Legal Disclaimer
https://www.paslc.gov/map/
EXHIBIT A
Page 49 of 78
EXHIBIT B
Declaration and Covenant of Mangrove Regulation
OGC FILE No. 23-1762
DEP vs. Store Capital Acquisitions, LLC & Altitude Hospitality, LLC
Page 8 of 8
4423-210-0001-000-3
* Not a survey
Cadastral 2020 (Property Appraiser Parcels) - Public
AREA A (10-15 ft. tall)
AREA B (> 25ft. tall)
TOTAL AREA ~ 17, 789 SQ. FT
0 62.5 125 Feet ¯Created by FDEP
11/7/2023
Page 50 of 78
Mangrove Restoration and
Monitoring Plan
Sandpiper Bay Resort
4500 SE Pine Valley Street
Port St. Lucie, FL 34952
Prepared by CoxPinson Environmental, LLC for WL23-0095ERP56SED
October 12, 2023
Page 51 of 78
1
Background
On May 30, 2023, the Florida Department of Environmental Protection (FDEP) sent Warning
Letter Number WL23-0095ERP56SED to Store Capital Acquisitions, LLC notifying them of the results of an inspection conducted by FDEP staff concerning compliance with the State of Florida’s Rules contained in Chapters 403 and 373 Florida Statutes (F.S.) at their property located at 4500 SE Pine Valley Street, Port St. Lucie, Florida (the “Property”). This plan was
prepared by CoxPinson Environmental on behalf of Store Capital Acquisitions (the “Client”) to
complete the follow-up corrective actions as stated in the Warning Letter, ERP Inspection Report dated May 31st 2023, and as discussed with FDEP.
On June 22, 2023, we attended a meeting at the Southeast District FDEP office to discuss the
Warning Letter. At this meeting, FDEP presented an ERP Inspection Report dated May 31st 2023
(the “Follow-up Inspection Report) that includes additional mangrove impacts at the Property by way of filling over remnant mangrove roots and propagules, lack of sedimentation control measures, and resulting fill material discharge into the North Fork St. Lucie River Aquatic Preserve. This Follow-up Inspection Report also includes follow-up corrective actions to be
addressed.
On the property, any mangrove trimming/alteration has long since ceased. The follow-up corrective actions as stated in the Warning Letter are: Enter into a Consent Order with FDEP which will provide timeframes to complete corrective actions, including but not limited to
replanting and monitoring mangroves within the mangrove fringe, purchasing of temporal loss
mitigation and payment of penalties and department costs.
The Follow up Inspection Report requires: Installation and maintenance of erosion and sedimentation control measures to avoid further impacts to wetlands and other surface waters.
Enter a Consent Order with the FDEP which will provide timeframes to complete corrective
actions, including but not limited to: Restoration of impacted areas, Mitigation for temporal loss of function, and Assessment of civil penalties and department costs and expenses.
On the property, all mangrove trimming or alteration has ceased. Sedimentation control measures
to avoid further impacts to wetlands or other surface waters were deployed on August 4th 2023.
In subsequent discussions between FDEP and CoxPinson Environmental (“Consultant”) FDEP asked that a Mangrove Restoration and Mitigation Plan be developed prior to having the Client enter a Consent Order with the State. A mitigation plan including credit purchase information
and a required UMAM or WRAP analysis will follow this restoration plan. The Consultant is
responsible for reserving saltwater credits to purchase from a mitigation bank or provide mitigation through public interest projects.
David Cox, Ph.D., a principal with Cox Pinson Environmental, LLC and a Professional Mangrove
Trimmer (PMT) approved by the State, has investigated the site and developed this Mangrove
Restoration (the “Restoration Plan”) after meeting on site with FDEP Aquatic Preserve staff and MANG, Mangrove Restoration Specialists. This proposed Restoration Plan was developed from this meeting, after having surveyed the site, and consulting with FDEP staff to secure guidance.
Page 52 of 78
2
The goal of the Restoration Plan is to implement a successful restoration project with a focus on replacing the functional values of the Mangrove community.
General Setting
The Property is within the North Fork St. Lucie Aquatic Preserve (North Fork St. Lucie River Aquatic Preserve Management Plan) and Outstanding Florida Waters, Class III Waters of the State (Figure 1). It is a 96.46 acre parcel and includes a resort undergoing significant remodeling since it’s infrastructure is aged. It is located within Township 37S, Range 40E,
Section 23.
The portions of the property which is the subject of this Restoration Plan are located on the southeast portion of the parcel (Figure 2).
Per the Warning Letter, FDEP had "received a complaint via e-mail stating that mangroves were
cut down along the eastern shoreline of the resort.” FDEP staff visited the property to document the mangrove impacts on this same day, May 8th 2023.
Current Condition
The Warning Letter approximated the area of unauthorized mangrove impacts to be 17,789 sq. ft. or 0.40 acres. The unauthorized mangrove impacts of 17,789 sq. ft. is based on an approximation
of the mangrove canopy impacted (Figure 3). FDEP stated during follow-up communications that they used aerial photos and measurements of mangrove stumps to approximate the canopy area. A mangrove fringe had previously been present along the shoreline consisting mostly of intertidal red mangroves (Rhizophora mangle) and few black mangroves (Avincennia germinans).
The Follow up Inspection Report dated May 31st 2023, includes additional mangrove impacts by way of filling over remnant mangrove roots and propagules. The impact area to other surface waters (OSW) is a total of 430 sq. ft. The impact area to mangroves and wetlands is a total of 3,542 sq. ft. (Figure 4). The area of unauthorized impacts stated in this report is ~3,972 sq. ft.
Total area of mangrove impact as stated in both the Warning Letter and Follow up Inspection Report is 21,331 sq. ft. or 0.49 acres. Total area of OSW impact as stated in the Follow up Inspection Report is 430 sq. ft.
Currently, the impacted shoreline shows notable signs of natural mangrove recruitment and regrowth amongst the existing mangrove roots. Throughout the shoreline, the mangroves that were previously growing, occurred in patches with irregular density. Photo 2 shows evidence of areas with low density roots and bare, exposed sand. Photo 3 shows the evidence on site of areas
Page 53 of 78
3
with a high density of existing mangrove roots. The existing mangrove roots that have been impacted will be kept in place.
Recommended Restoration
Mangroves will be replanted with varying sizes of mangrove specimens and unique planting
techniques in two phases. No debris and minimal invasive plants have been found in the proposed Restoration Areas. As noted above, current mangrove roots on site will be kept in place. Elevations within the Restoration Area appear to be conducive to mangrove growth as evidenced by the density of naturally occurring propagules.
Restoration is recommended to consist in three steps:
Step 1 – Plantings
Varying sizes of mangrove specimens and unique planting techniques will be used and occur in
two phases to accommodate the shoreline challenges. A total of 2,780 mangroves will be planted in two phases.
1)Phase 1 areas with exposed sand along the shoreline.
Exposed sandy areas will be replanted in Phase 1. MANG has advised exposed sandy
areas to be the most ideal for restoration and the optimal planting area for long-termsuccess.
•Thirty 7-gallon red mangroves will be planted to recover the lost canopy. These
new canopies will begin at a height of five to seven feet.
•Surrounding the larger 7-gallon mangroves, 250 3-gallon red mangroves with 3-4feet starting height will be planted.
•The total area of exposed sandy area to replant is 2,918.25 sq. ft (Figure 5, 6).
•The final phase of large mangrove planting includes 500 1-gallon mangroves
spanning 2.5-4 feet in height.
•The 1-gallon mangroves will encompass a mix of Red, White, and Black
mangroves, creating natural transition zones and expanding the overall restorable
square footage of the site. This tiered planting approach expedites canopyformation, stabilizing soil and promoting sediment accretion. Spacing for Phase 1will be 2ft on center (Figure 6).
2)Phase 2 areas with existing mangrove roots, riprap and newly planted mangroves along
the shoreline (Figures 7,8,9).Phase 2 focuses on harder to plant areas.
Page 54 of 78
4
•2,000 mature seedling red mangroves will be planted in these areas.
•The total area to be replanted amongst existing mangrove roots and riprap is8,567.10 sq. ft. (Figure 7,8).
•These seedlings will fill in the gaps identified between the existing mangrove
roots, newly planted mangroves and rip rap when applicable. The terminal heightof the seedlings will be 2 feet in height or greater.
•These seedlings have undergone an extended nurturing period to ensure robustterminal growth and enhanced strength. This specialized strategy leveragesexisting roots for structural reinforcement. Spacing for Phase 2 will be 1-1.5 feet
on center.
Precise planting locations may be field adjusted if sub-surface conditions present challenges. To the extent feasible, restoration, planting and monitoring work will be performed during periods of low tide. Plantings of well-rooted, nursery grown stock will be performed by MANG who is
familiar with mangrove planting techniques within the timeframe detailed in the Consent Order. If the restoration area is not deemed successful after the yearly monitoring event specified in the Consent Order, additional supplemental planting plans will be provided.
To further hasten restoration, it is recommended that red mangrove propagules and black and
white mangrove seeds/seedlings that may naturally recruit into the area be allowed to naturally re-populate the area.
Step 2 – Documenting Restoration and Future Mangrove Growth
In order to gauge the degree of success of the mangrove restoration project, it is recommended that baseline conditions be documented immediately following the plantings. The following data will be collected:
•The date of inspection.
•Fixed location camera-stations will be used to provide photo evidence showingconditions. GPS coordinates will be recorded at the location of the field-located fixed
camera-stations, from which photos will be taken during each monitoring session and
included in the Time Zero and each following report.
•The number, height and condition of each of the 27 polygons (Figure 5) of all mangroves
planted in the restoration areas will be recorded. If mangrove plantings are found to not
have survived, this will be noted.
•Estimates will be made of the percent cover of mangroves.
•Description of any exotic non-native species removal.
Records will be kept of fauna observed in and adjacent to the site during the planting and monitoring events.
Page 55 of 78
5
Non-native exotic plants will be removed from the restoration areas
with only hand-held equipment.
A report describing the results of the baseline (i.e., time zero) monitoring and including photos taken from the photo stations and survival rates of the mangrove plantings will be provided.
This approach for documentation of mangrove restoration is based on previous requirements by FDEP’s Southeast District.
Step 3 – Schedule for Maintenance and Monitoring Plan Implementation.
Plantings and the collection of Time Zero (i.e., baseline) field data will be collected per FDEP guidance or within 30 days following execution of a Consent Order. The report detailing the plantings and the results of the collection of baseline data will be provided to FDEP within 14 days after the plantings and collection of the Time Zero field data.
Subsequent monitoring, maintenance and reporting will be conducted as follows:
For five years following completion of the Restoration Actions and the Time Zero report, the Respondents shall inspect the restoration quarterly for the first year and annually for years two
through five.
The purpose of this monitoring is to document the health of each mangrove planted within the
Restoration Area, to document any new mangrove growth (i.e., mangrove saplings, new
mangrove recruits), and determine the success of the restoration.
At each inspection in the Monitoring Schedule, the Respondents shall replace enough dead plants
to ensure that at least 80 percent of the original number of each species planted in the restoration areas is alive.
The project will be deemed successful when the percent survival of planted mangroves is 80%
or higher or the percent cover of mangroves reaches 80% or higher.
Plant species designated by the State of Florida as Category I or Category II invasives that may become established within the restoration area will be removed during the initial planting and during each successive monitoring event using the least-impactful technique. The use of
herbicides in the aquatic environment will be prohibited.
Page 56 of 78
6
Summary
Implementation of this Restoration, and Monitoring Plan is expected to restore the area to a
mangrove dominated shoreline, where it will provide the multiple functions of providing intertidal and sub-tidal habitat for aquatic organisms, protecting the shoreline from erosion and filtration of upland runoff.
Total area of mangrove impact as stated in both the Warning Letter and Follow up Inspection
Report add to 21,331 sq. ft. or 0.49 acres. This area was estimated by FDEP based on mangrove canopy lost and used aerial images to finalize the area impacted.
In Figure 6, please see how the areas we are restoring compare to the FDEP determined
mangrove canopy lost. Total restoration area proposed is 11,485.35 sq. ft. which includes both
the bare sand areas and the area amongst existing mangrove roots, riprap, and space between the large 1, 3, and 7-gallon plantings. 2,780 mangroves are proposed to be replanted in this plan.
Page 57 of 78
7
Appendix:
Figure 1: Location Map
Figure 2: Consultant Mapped Mangrove Damage and Potential Restoration Area
Figure 3: Warning Letter Map
Figure 4: May 31st Follow Up Inspection Report Map
Figure 5: Consultant Mapped Replanting Areas with Total Areas Labeled
Figure 6: Phase 1 Replanting Plan Map
Figure 7: Phase 2 Replanting Plan Map
Figure 8: Phase 2 Replanting Plan Map
Figure 9: Phase 2 Replanting Plan Map
Figure 10: Restoration Area and FDEP Mangrove Canopy Area Map
Photo 1: Bare Sand Planting Area
Photo 2: Planting Area with Existing Mangrove Roots
Page 58 of 78
Figure 1: Location Map
Sandpiper Bay Resort
4500 SE Pine Valley Street
Port Saint Lucie, FL 34952
S
U
S
H
W
Y
1
In
t
e
r
s
t
a
t
e
9
5
4500 SE Pine Valley Street
Page 59 of 78
Figure 2: Mangrove
Damage and Potential
Restoration Area Map
Sandpiper Bay Resort
Data Collected: July 7, 2023
These data were collected with ArcGIS Field Maps and a Trimble
Catalyst reciever with sub-meter accuracy.
Page 60 of 78
Service Layer Credits: World Boundaries and
Places: Esri, HERE, Garmin, iPC
4423-210-0001-000-3
Cadastral 2020 (Property Appraiser Parcels) - Public View
CONSERVATION AREA (10-15 ft. tall)
CONSERVATION AREA (> 25ft. tall)
MANGROVE IMPCAT MAP
SANDPIPER / MANGROVES
Site No.: 435405; Project No.:410938
¯0 12562.5 Feet
* Not a survey
Created by FDEP 05/24/2023
TOTAL CONSERVATION AREA ~ 17, 789 SQ. FT
Page 61 of 78
Service Layer Credits: World Boundaries and
Places: Esri, HERE, Garmin, iPC
MANGROVE/WETLAND/OSW IMPACT MAP
Mangrove/Wetland Impacts (~3,542 sq. ft)
OSW Impacts (~430 sq. ft)
SANDPIPER BAY RESORT
Site No.: 435405; Project No.: 410938
¯0 5025 Feet
* Not a survey
Created by FDEP
6/9/2023
Page 62 of 78
Sandpiper Bay Resort
4500 SE Pine Valley Street
Port Saint Lucie, FL 34952
668.88 sq. ft.
490.32 sq. ft.
96.12 sq. ft.
227.25 sq. ft.
84.87 sq. ft.
614.52 sq. ft.
681.84 sq. ft.
54.45 sq. ft.
922.86 sq. ft.
151.02 sq. ft.
307.62 sq. ft.
2,673
.
0
s
q
.
f
t
.
752.85 sq. ft.
13.32 sq. ft.
17.19 sq. ft.
428.31 sq. ft.
52.74 sq. ft.
566.01 sq. ft.
883.62 sq. ft.
213.03 sq. ft.
633.78 sq. ft.
146.07 sq. ft.
350.73 sq. ft.
35.10 sq. ft.
3.96 sq. ft.
272.61 sq. ft.
143.37 sq. ft.
Purple Area contains areas with riprap and dead mangrove roots
Total Area= 8,567.10 sq. ft.
Blue Area contains areas with bare sand
Total Area= 2,918.25 sq. ft.
Figure 5: Consultant
Mapped Replanting Areas
with Total Areas Labeled
Page 63 of 78
Sandpiper Bay Resort
4500 SE Pine Valley Street
Port Saint Lucie, FL 34952
Blue Area contains areas with bare sand
Total Area= 2,918.25 sq. ft.
Zoomed In: Proposed Mangrove Planting Area = 2,918.25 sq. ft.
7 gal 7 gal
7 gal
7 gal
7 gal
3 gal
3 gal
3 gal 3 gal
3 gal
3 gal
3 gal
3 gal
3 gal
3 gal
1
1
1
1
1
1 1
1
1
1
1
1
1
Water
Figure 6: Phase 1
Replanting Plan Map
2’ O.C.
Page 64 of 78
Sandpiper Bay Resort
4500 SE Pine Valley Street
Port Saint Lucie, FL 34952
Figure 7: Phase 2
Replanting Plan Map
Amongst Existing Roots
Replanting with mature, 2 ft. tall, Red mangrove seedlings
amongst existing roots. One to one and a half feet on center.
Page 65 of 78
Sandpiper Bay Resort
4500 SE Pine Valley Street
Port Saint Lucie, FL 34952
Figure 8: Phase 2
Replanting Plan Map
Amongst Riprap
Replanting with mature, 2 ft. tall, Red mangrove seedlings
amongst existing riprap. One to one and a half feet on center.
Page 66 of 78
Sandpiper Bay Resort
4500 SE Pine Valley Street
Port Saint Lucie, FL 34952
7 gal 7 gal
7 gal
7 gal
7 gal
3 gal
3 gal
3 gal 3 gal
3 gal
3 gal
3 gal
3 gal
3 gal
3 gal
1
1
1
1
1
1 1
1
1
1
1
1
1
Water
Figure 9: Phase 2
Replanting Plan Map
Amongst New Plantings
Replanting with mature,
2 ft. tall, Red mangrove
seedlings amongst the
newly planted mangroves
along the shoreline.
One to one and a half feet
on center.
Page 67 of 78
Sandpiper Bay Resort
4500 SE Pine Valley Street
Port Saint Lucie, FL 34952
Purple Area contains areas with riprap and dead mangrove roots
Total Area= 8,567.10 sq. ft.
Figure 10: Restoration
Area & FDEP Mangrove
Canopy Area Map
Page 68 of 78
Page 69 of 78
Page 70 of 78
The 2019 list was prepared by
the FLEPPC Plant List Committee
Tony Pernas, Co-Chair, 2017-2019, National Park Service,
Big Cypress National Preserve, tony_pernas@nps.gov
Dennis Giardina, Co-Chair, 2017-2019, Florida Fish and Wild-
life Conservation Commission, dennis.giardina@myfwc.com
Janice Duquesnel, Florida Park Service, Florida Department
of Environmental Protection, janice.duquesnel@dep.state.fl.us
Alan Franck, Florida International University, Department
of Biological Sciences, afranck@fiu.edu
Roger L. Hammer, Retired Naturalist and Author,
kaskazi44@comcast.net
John Kunzer, Florida Fish and Wildlife Conservation
Commission, john.kunzer@myfwc.com
James Lange, Fairchild Tropical Botanic Garden,
jlange@fairchildgarden.org
Kenneth Langeland, Professor Emeritus, University of
Florida/IFAS, Agronomy Department, gator8@ufl.edu
Deah Lieurance, University of Florida/IFAS, Agronomy
Department, dmlieurance@ufl.edu
Chris Lockhart, Habitats Specialists Inc., chris@lockharts.org
Jean McCollom, Natural Ecosystems, jeanm@naples.net
Gil Nelson, Professor Emeritus, Florida State University/
iDigBio, gilnelson@bio.fsu.edu
Jennifer Possley, Fairchild Topical Botanic Garden,
jpossley@fairchildgarden.org
Jimi L. Sadle, National Park Service, Everglades National Park,
jimi_sadle@nps.gov
Dexter Sowell, Florida State University, FNAI,
dsowell@fnai.fsu.edu
Jessica Spencer, US Army Corps of Engineers,
jessica.e.spencer@usace.army.mil
Arthur Stiles, Florida Park Service,
arthur.stiles@dep.state.fl.us
Richard P. Wunderlin, Professor Emeritus, University of
South Florida, rwunder@usf.edu
FLEPPC List Definitions:
Exotic—a species introduced to Florida, purpose-
fully or accidentally, from a natural range outside
of Florida. Native—a species whose natural range
includes Florida. Naturalized exotic—an exotic
that sustains itself outside cultivation (it is still
exotic; it has not “become” native).
Invasive exotic— an exotic that has not only
naturalized, but is expanding on its own in Florida
native plant communities.
Zone: N = north, C = central, S = south,
Referring to each species’ general distribution in
regions of Florida (not its potential range in the
state). Please refer to the map below.
north
central
south
Citation example:
FLEPPC. 2019 List of Invasive Plant Species.
Florida Exotic Pest Plant Council. Internet: www.fleppc.org
Florida Exotic Pest Plant
Council’s 2019 List of
Invasive Plant Species
The mission of the Florida Exotic Pest Plant Council is to
reduce the impacts of invasive plants in Florida through
the exchange of scientific, educational, and technical
information.
Note: The FLEPPC List of Invasive Plant Species is not a
regulatory list. Only those plants listed as Federal Noxious
Weeds, Florida Noxious Weeds, Florida Prohibited Aquatic
Plants, or in local ordinances are regulated by law.
Purpose of the List
To provide a list of plants determined by the Florida Exotic
Pest Plant Council to be invasive in natural areas of Florida
and routinely update the list based upon information of
newly identified occurrences and changes in distribution
over time. Also, to focus attention on:
•The adverse effects exotic pest plants have on Florida’s
biodiversity and native plant communities,
•The habitat losses in natural areas from exotic pest
plant infestations,
•The impacts on endangered species via habitat loss
and alteration,
•The need for pest plant management,
•The socio-economic impacts of these plants
(e.g., increased wildfires or flooding in certain areas),
•Changes in the severity of different pest plant
infestations over time,
•Providing information to help managers set priorities
for research and control programs.
www.fleppc.org
For more information on
invasive exotic plants
including links to related
web pages, visit:
www.fleppc.org
"Attachment V"
Page 71 of 78
CATEGORY I
Invasive exotics that are altering native plant communities by displacing native species, changing community structures or
ecological functions, or hybridizing with natives. This definition does not rely on the economic severity or geographic range
of the problem, but on the documented ecological damage caused.
Scientific Name
Abrus precatorius
Acacia auriculiformis
Albizia julibrissin
Albizia lebbeck
Ardisia crenata
Ardisia elliptica
Asparagus aethiopicus
Bauhinia variegata
Bischofia javanica
Calophyllum antillanum
Casuarina equisetifolia
Casuarina glauca
Cenchrus purpureus
(Pennisetum purpureum)
Cinnamomum camphora
Colocasia esculenta
Colubrina asiatica
Cupaniopsis anacardioides
Deparia petersenii
Dioscorea alata
Dioscorea bulbifera
Dolichandra unguis-cati
(Macfadyena unguis-cati)
Eichhornia crassipes
Eugenia uniflora
Ficus microcarpa1
Hydrilla verticillata
Hygrophila polysperma
Hymenachne amplexicaulis
Imperata cylindrica
Ipomoea aquatica
Jasminum dichotomum
Jasminum fluminense
Lantana strigocamara2
Ligustrum lucidum
Ligustrum sinense
Lonicera japonica
Ludwigia peruviana
Lumnitzera racemosa
Luziola subintegra
Lygodium japonicum
Lygodium microphyllum
Manilkara zapota
Melaleuca quinquenervia
Common Name
rosary pea
earleaf acacia
mimosa, silk tree
woman's tongue
coral ardisia
shoebutton ardisia
asparagus fern
orchid tree
bishopwood
Santa Maria
Australian-pine
suckering Australian-pine
elephantgrass, Napier grass
camphor-tree
wild taro
latherleaf
carrotwood
Japanese false spleenwort
winged yam
air potato
cat's-claw vine
water-hyacinth
Surinam cherry
laurel fig
hydrilla
green hygro
West Indian marsh grass
cogongrass
water-spinach
Gold Coast jasmine
Brazilian Jasmine
lantana, shrub verbena
glossy privet
Chinese privet
Japanese honeysuckle
Peruvian primrosewillow
black mangrove
Tropical American watergrass
Japanese climbing fern
Old World climbing fern
sapodilla
melaleuca, paper bark
Zone
C, S
C, S
N, C
C, S
N, C, S
C, S
N, C, S
C, S
C, S
S
N, C, S
C, S
N, C, S
N, C, S
N, C, S
S
C, S
N, C
N, C, S
N, C, S
N, C, S
N, C, S
C, S
C, S
N, C, S
N, C, S
N, C, S
N, C, S
C
C, S
C, S
N, C, S
N, C
N, C, S
N, C, S
N, C, S
S
S
N, C, S
N, C, S
S
C, S
Scientific Name
Melinis repens
Microsorum grossum4
Microstegium vimineum
Mimosa pigra
Nandina domestica
Nephrolepis brownii
Nephrolepis cordifolia
Neyraudia reynaudiana
Nymphoides cristata
Paederia cruddasiana
Paederia foetida
Panicum repens
Pistia stratiotes
Psidium cattleianum
Psidium guajava
Pueraria montana var. lobata
Rhodomyrtus tomentosa
Ruellia simplex
Salvinia minima
Scaevola taccada
Schefflera actinophylla
Schinus terebinthifolia
Scleria lacustris
Scleria microcarpa*
Senna pendula var. glabrata
Solanum tampicense
Solanum viarum
Sporobolus jacquemontii
Syngonium podophyllum
Syzygium cumini
Tectaria incisa
Thelypteris opulenta
Thespesia populnea
Tradescantia fluminensis
Tradescantia spathacea
Triadica sebifera
(Sapium sebiferum)
Urena lobata
Urochloa mutica
Vitex rotundifolia
Common Name
Natalgrass
serpent fern, wart fern
Japanese stiltgrass
catclaw mimosa
heavenly bamboo, nandina
Asian sword fern
sword fern
Burma reed
crested floatingheart
sewer vine
skunk vine
torpedograss
water-lettuce
stawberry guava
guava
kudzu
downy rose-myrtle
Mexican petunia
water spangles
beach naupaka, half-flower
schefflera, umbrella tree
Brazilian pepper
Wright's nutrush
tropical nutrush
Christmas senna, climbing cassia
wetland night shade
tropical soda apple
West Indian dropseed
arrowhead vine
Java plum
incised halberd fern
jeweled maidenhair fern
seaside mahoe
small-leaf spiderwort
oyster plant
Chinese tallow-tree
Caesar's weed
paragrass
beach vitex
Zone
C, S
S
N
C, S
N, C
C, S
N, C, S
S
C, S
S
N, C, S
N, C, S
N, C, S
C, S
C, S
N, C, S
C, S
N, C, S
N, C, S
N, C, S
C, S
N, C, S
C, S
C, S
C, S
C, S
N, C, S
C, S
N, C, S
C, S
S
S
C, S
N, C
C, S
N, C, S
N, C, S
N, C, S
N
Scientific Name
Adenanthera pavonina
Agave sisalana
Alstonia macrophylla
Alternanthera philoxeroides
Antigonon leptopus
Ardisia japonica
Aristolochia elegans
(Aristolochia littoralis)
Asystasia gangetica
Begonia cucullata
Broussonetia papyrifera
Bruguiera gymnorrhiza
Callisia fragrans
Casuarina cunninghamiana
Cecropia palmata
Cenchrus polystachios
(Pennisetum polystachios)
Cenchrus setaceus
(Pennisetum setaceum)
Cestrum diurnum
Chamaedorea seifrizii
Clematis terniflora
Cocos nucifera
Crassocephalum crepidioides
Cryptostegia madagascariensis
Cyperus involucratus
Cyperus prolifer
Dactyloctenium aegyptium
Dalbergia sissoo
Dalechampia scandens*
Distimake tuberosus
(Merremia tuberosa)
Dracaena hyacinthoides
(Sansevieria hyacinthoides)
Elaeagnus pungens
Elaeagnus umbellata
Epipremnum pinnatum cv.
‘Aureum’
Eulophia graminea
Ficus altissima
Flacourtia indica
Hemarthria altissima
Heteropterys brachtiata
Hyparrhenia rufa
Ipomoea carnea subsp fistulosa
Kalanchoe x houghtonii
Kalanchoe pinnata
Common Name
red sandalwood
sisal hemp
devil tree
alligatorweed
coral vine
Japanese ardisia
calico flower
Ganges primrose
wax begonia
paper mulberry
large-leafed mangrove
Inch plant
river sheoak
trumpet tree
mission grass
fountain grass
day jessamine
bamboo palm
Japanese clematis
coconut palm
redflower ragleaf
Madagascar rubbervine
umbrella plant
dwarf papyrus
Durban crow's-foot grass
Indian rosewood, sissoo
spurge-creeper
Spanish arbor vine, wood-rose
bowstring hemp
silverthorn, thorny olive
autumn olive, silverberry
pothos
Chinese crown orchid
council tree, false banyan
governor's plum
limpograss
redwing
jaragua
shrub morning-glory
mother of millions
life plant
Zone
S
C, S
S
N, C, S
N, C, S
N
N, C, S
C, S
N, C, S
N, C, S
S
C, S
C, S
S
S
S
C, S
S
N, C
S
C, S
C, S
C, S
C, S
C, S
C, S
S
C, S
C, S
N, C
N
C, S
C, S
S
S
C, S
S
N, C, S
C, S
N, C, S
C, S
Scientific Name
Koelreuteria elegans subsp.
formosana
Landoltia punctata
Leucaena leucocephala
Limnophila sessiliflora
Livistona chinensis
Macroptilium lathyroides
Melaleuca viminalis
(Callistemon viminalis)
Melia azedarach
Melinis minutiflora
Mikania micrantha
Momordica charantia
Murraya paniculata
Myriophyllum spicatum
Passiflora biflora
Phoenix reclinata
Phyllostachys aurea
Pittosporum pentandrum
Platycerium bifurcatum
Praxelis clematidea
Pteris vittata
Ptychosperma elegans
Richardia grandiflora
Ricinus communis
Rotala rotundifolia
Ruellia blechum
Sesbania punicea
Sida planicaulis
Solanum diphyllum
Solanum torvum
Spermacoce verticillata3
Sphagneticola trilobata
Stachytarpheta cayennensis
Syagrus romanzoffiana
Syzygium jambos
Talipariti tiliaceum
Terminalia catappa
Terminalia muelleri
Tribulus cistoides
Urochloa maxima
(Panicum maximum)
Vernicia fordii
Vitex trifolia
Washingtonia robusta
Wisteria sinensis
Xanthosoma sagittifolium
Common Name
flamegold tree
spotted duckweed
leadtree
Asian marshweed
Chinese fan palm
wild bushbean
bottlebrush
Chinaberry
molasses grass
mile-a-minute vine
balsam-apple
orange-jessamine
Eurasian water-milfoil
twin-flowered passion vine
Senegal date palm
golden bamboo
Taiwanese cheesewood
staghorn fern
praxelis
Chinese brake, ladder brake
solitary palm
largeflower Mexican clover
castorbean
dwarf rotala, roundleaf toothcup
green shrimp plant
rattlebox
mata-pasto
twinleaf nightshade
turkey berry
shrubby false buttonweed
wedelia
nettle-leaf porterweed
queen palm
Malabar plum, rose-apple
mahoe, sea hibiscus
tropical-almond
Australian–almond
puncture vine, burr-nut
Guineagrass
tung-oil tree
simple-leaf chastetree
Washington fan palm
Chinese wisteria
malanga, elephant ear
Zone
C, S
N, C, S
N, C, S
N,C, S
C, S
N, C, S
C, S
N, C, S
C S
S
N, C, S
S
N, C, S
S
C, S
N, C
S
S
C
N, C, S
S
N, C, S
N, C, S
S
N, C, S
N, C, S
C, S
N, C, S
N, C, S
C, S
N, C, S
S
C, S
N, C, S
C, S
C, S
C, S
N, C, S
N, C, S
N, C, S
C, S
C, S
N, C
N, C, S
1 Does not include Ficus microcarpa var. fuyuensis, which is sold as “green island ficus”.
2 Historically this non-native has been referred to as Lantana camara, a species not known to occur in Florida.
3 Does not include the native endemic Spermacoce neoterminalis.
4 Microsorum grossum has been previously misidentified as Microsorum scolopendria.
* Added to the FLEPPC List of Invasive Species in 2019.
Plant names are those published in the Atlas of Florida Plants (http://www.florida.plantatlas.usf.edu). For historical species nomenclature see “Guide to Vascular
Plants of Florida Third Edition.” Wunderlin and Hansen, University of Florida Press. 2011.
CATEGORY II
Invasive exotics that have increased in abundance or frequency but have not yet altered Florida plant communities to the
extent shown by Category 1 species. These species may become Category 1 if ecological damage is demonstrated.
Page 72 of 78
ITEM NO. (ID # 2024-64383)
DATE: 2/20/2024
AGENDA REQUEST
TO: Mosquito Control District
PRESENTED BY: Roger Jacobsen, Mosquito Control Director
SUBMITTED BY: Mosquito Control
SUBJECT: Mapvision Hardware Upgrade - Contract C16-05-262 - Second Amendment
BACKGROUND:
In 2016, St. Lucie County Mosquito Control District (SLCMD) began using Leading Edge's software known as
MapVision, to monitor the departments' inventory, mosquito populations, impoundment data, workflow data
and much more. On 12/5/2023, the Mosquito Control District Board approved the upgrade of the software,
to the Gen 3 version, which will increase processing speed, improve ULV fog truck operations, provide more
up-to-date satellite and map views, and will improvise overall report capabilities (Contract #C16-05-262 - First
Amendment). Due to the software upgrade, the current hardware will also need to be upgraded. The total
cost to upgrade the hardware is $59,926.50. In addition, St. Lucie County Mosquito Control District has a
Software License Agreement in place with Leading Edge. The St. Lucie County Mosquito Control District has
been paying for the Mapvision Software License Agreement and the Mapvision Annual Service and Support
since the inception of the Software License Agreement #C16-05-262, dated 5/17/16. Due to the software
upgrade, the Software License Agreement and the MapVision Annual Service and Support will increase from
$10,520.00 to $16,000.00.
PREVIOUS ACTION:
On 12/5/2023, the Mosquito Control District Board approved the upgrade of the software to the Gen 3
version, which will increase processing speed, improve ULV fog truck operations, provide more up-to-date
satellite and map views, and will improvise overall report capabilities (Contract #C16-05-262-First
Amendment.
FINANCIAL IMPACT:
There are sufficient funds available in St. Lucie County Mosquito Control Reserves, Account #145-9910-
599300-910000 for the Hardware Upgrade and the increase to the Software License Agreement and the
MapVision Annual Service and Support.
RECOMMENDATION:
Staff recommends Board approval of Contract C16-05-262 - Second Amendment, for the MapVsion Hardware
upgrade, and the increase to the MapVsion Software License Agreement #C16-05-262, which includes the
Software License Agreement and the MapVision Annual Service and Support.
COMMISSION ACTION:
Page 73 of 78
RESULT:
MOVER: None
SECONDER: None
AYES: None
NAYS: None
EXCUSED: None
Coordination/Signatures
Date: February 06, 2024
Roger Jacobsen, Mosquito Control Director
Date: February 09, 2024
Daniel McIntyre, County Attorney
Date: February 13, 2024
Jason Davis, Deputy County Administrator I
Page 74 of 78
St Lucie County -MapVision Gen 3 Pricing -Addendum #1
January 30,2024
The following table details the pricing for the ULV FC equipment and travel/installation.This pricing is
valid through March 31,2024.
1/9/2024 Units Unit Retail Extended
Retail
12 Vehicle Upgrades to MV G3 ULV FC
LEA Flow Control MVE Module Complete 12 $3,778.11 $45,337.32
Stellar External Power Harness 12 $57.78 $693.36
LEA FC Serial USB Cable 1 $117.11 $117.11
USB to microSD adapter 1 $33.43 $33.43
16GB SD Card 1 $27.00 $27.00
Optional -ULV Switch Assembly 12 $182.25 $2,187.00
13th -1 ULV Vehicle New MV G3 Installation
LEA FC GPS System Complete less pump controller 1 $4,512.78 $4,512.78
Orion Pump Control Box Complete -KIT 1 $1,414.14 $1,414.14
Orion Pump Box Complete 1 $739.80 $739.80
Orion Pump Control CAN Cable 1 $212.46 $212.46
Optional -ULV Switch Assembly 1 $182.25 $182.25
ULV FC App Training and Installation $4,469.85
Total ULV FC -All 13 Vehicles $59,926.50
January 2024
SLCMC -MapVision Gen3 &ULV FC Proposal Adendum #1 Page #1
Page 75 of 78
*ULV FC Equipment pricing is good through March 31,2024,and is subject to change if project
specifications or costs for outsourced equipment and/or services change.
Signatures
I,______________________________________________________,agree to the above amendment
and pricing as quoted in this document.
Signed this ____day of ____________,2024
___________________________________________
Authorized Representative/SLMCS
Leading Edge Associates,Inc.agrees to the proposal and pricing amounts as quoted in this document.
Signed this 30th day of January 2024
Authorized Representative of Leading Edge Associates,Inc.
January 2024
SLCMC -MapVision Gen3 &ULV FC Proposal Adendum #1 Page #2
Page 76 of 78
St Lucie Co MCD - MapVision G3 Migration
License & Support Amended Quotes 1/30/24
St Lucie County Mosquito Control
Lauri Heistermann
heistermannl@stlucieco.org
772-462-1698
Roger Jacobsen
jacobsenr@stlucieco.org
Terril Mincey
minceyt@stlucieco.org
407-288-7618
Reference: 20231009-091158126
Quote created: October 9, 2023
Quote expires: March 31, 2024
Quote created by: Michael Reynolds
VP & COO
mreynolds@leateam.com
+18282462111
Comments from Michael Reynolds
Per request, we have separated the annual license and support from the MapVision Gen3
Migration proposal as SLMCD will remit from different accounts.
Two (2) hours each month of programming modifications are included in the training, support,
and maintenance agreement. Any monthly modifications exceeding the two-hour timeframe,
including online and telephone support will be billed at $195.00 per hour. Maintenance
programming hour time allocations expire monthly and are not rolled over or accrued to future
months. The training, support, and maintenance agreement also includes all costs associated
with website hosting for Internet and Intranet sites. Upon termination, LEA will no longer
provide server access or hosting services, unless the Licensee enters into a separate hosting
agreement.
Products & Services
Page 77 of 78
Item & Description SKU Quantity Unit Price Total
MapVision Annual License and Technical Support 1 $16,000.00 $16,000.00
One-time subtotal $16,000.00
Total $16,000.00
Purchase terms
MapVision Annual Service, Support, and Software license fee (payable after the Go Live date)
Invoices due upon receipt
Due annually
Signature
Signature Date
Printed name
Questions? Contact me
Michael Reynolds
VP & COO
mreynolds@leateam.com
+18282462111
Leading Edge
506 Fentress Blvd, Ste B
Daytona Beach, FL 32114
US
Page 78 of 78