19-3092 Memorandum of Understanding with Florida FIsh and Wildlife Conservation Commission

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MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into between the City of Casselberry, Florida ("City") and the Florida Fish and Wildlife Conservation Commission ("FWC"). WHEREAS, pursuant to Article IV, Section 9 of the Florida Constitution, FWC manages wild animal life, fresh water aquatic life, and marine life. WHEREAS, the Florida Department of Environmental Protection ("DEP") manages the sovereignty submerged lands of Florida in accordance with Chapter 253, Florida Statutes. WHEREAS, due to City residents' expressed safety concerns and for the protection of wildlife, on February 8, 2018 and September 19, 2018, the City formally requested that FWC establish the City as a bird sanctuary or establish restricted hunting areas within the entire jurisdictional limits of the City, which included several lakes within the City limits ("Sanctuary Request"). WHEREAS, on November 6, 2018, FWC issued its letter stating that the City's request that it establish a restricted hunting area or establish a bird sanctuary throughout the entire City would result in the denial of reasonable and lawful hunting opportunity in undeveloped wetland areas within the City's jurisdictional limits ("Denial Letter"). WHEREAS, on November 27, 2018, the City filed a Petition for Formal Administrative Hearing to challenge FWC's determination. The matter was referred to the State of Florida Division of Administrative Hearings and was assigned Case Number 18-006501. WHEREAS, the City and FWC have engaged in substantive discussions in an effort to clarify and better understand each party's positions and concerns. Based on these discussions, the parties enter into this Memorandum of Understanding to resolve the issues that led to the filing of the Petition for Formal Administrative Hearing. The parties desire to work with each other and accommodate reasonable efforts by the City to accomplish the City's goals in managing hunting throughout the City and, especially, duck hunting on the City's lakes, which lakes are surrounded by residential development. WHEREAS, it is FWC's intent not to oppose the City's ability to manage hunting within the City limits on privately -owned and City -owned lands and waters, without interference by FWC, to the extent provided by law. NOW, THEREFORE, BE IT RESOLVED that FWC and the City hereby agree as follows: A. In accordance with Chapter 68A-19, Florida Administrative Code, the Commission shall establish a restricted hunting area by establishment order that encompasses all uplands (those lands above the mean high water line) within the City's jurisdictional limits. Page 1 of 3