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