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19-3092 Memorandum of Understanding with Florida FIsh and Wildlife Conservation Commission
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19-3092 Memorandum of Understanding with Florida FIsh and Wildlife Conservation Commission
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4/23/2019 1:31:47 PM
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4/23/2019 1:31:43 PM
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City Clerk
City Clerk - Doc Type
Resolutions
City Clerk - Date
4/22/2019
Doc Number
19-3092
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1. The City shall erect required signage and shall assume responsibility of <br />enforcement of the regulations of the Commission that apply to this restricted <br />hunting area as provided in Rule 68A-19.002(1). This requirement shall in no <br />way preclude Commission law enforcement from also enforcing the <br />regulations of the Commission within the designated restricted hunting area. <br />2. The City shall have the right to repeal and replace its existing ordinances <br />consistent with the provisions of this agreement. <br />B. The City of Casselberry may manage hunting on any and all City -owned lands <br />and waters and on privately -owned lands and waters within its jurisdiction by <br />lawful local ordinance or other local action or enforcement of state law. <br />C. FWC defers to FDEP to determine whether submerged lands within the City of <br />Casselberry are state-owned by the Board of Trustees of the Internal <br />Improvement Trust Fund of the State of Florida and are deemed state-owned <br />water bodies for the purposes of Fla. Stat. 379.105. FWC recognizes FDEP's <br />letter to the City of Casselberry dated Feb 22, 2018, establishing that the lakes in <br />Casselberry are not "state-owned water bodies", except for Lake Howell. These <br />water bodies include: Lake Kathryn; Lake Concord; Lake Ellen; Lake Griffin; <br />Lake Lotus; Quail Pond; Trout Lake; Dewdrop Pool; Queens Mirror; Grassy <br />Lake; Lake Ann; Lake Emily; Lake Hodge; Lake Tony; Lake Annette; Lake <br />Cecile; Crystal Bowl; Lost Lake; Secret Lake; Lake Triplet (North, Middle and <br />South); and Lake Yvonne. <br />D. Without regard to Lake Howell, there is no "publicly or privately -owned wildlife <br />management or fish management area or state-owned water body" in the City of <br />Casselberry, as that clause is used in Fla. Stat. 379.105. <br />E. There are no lakes in Casselberry which are "expressly approved for <br />hunting" by either FWC or the Florida Forest Service, as that term is used <br />in Fla. Stat. 790.15(1). <br />F. Waterbodies that are not "state owned" are either private property or owned by <br />some other public entity. <br />G. FWC acknowledges that hunting is not allowed on private property or privately - <br />owned lake bottoms without the permission of the owner. Hunters must have the <br />permission of the owners of private lakes, such as the Casselberry lakes. Hunting <br />on private or public property without permission may be found to be a trespass, a <br />violation of local ordinance, and a violation of state law. <br />H. FWC will not interfere with the City's ability to manage access to lakes within <br />the City's jurisdiction. Moreover, FWC does not view the City's decision to <br />manage access to public lands and waters within its jurisdiction as a violation <br />of any State law. <br />Page 2 of 3 <br />
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