TITLE
RESOLUTION DECLARING THE ACQUISITION OF THAT CERTAIN FUEL FACILITY PROPERTY LOCATED ON FISHER ISLAND AND IDENTIFIED IN THE ATTACHED LEGAL DESCRIPTION AS PARCELS 1 AND 2 FOR THE PUBLIC PURPOSE OF THE CONTINUED AND FUTURE OPERATION OF A FUEL FACILITY FOR PORTMIAMI AND ANCILLARY PORT PURPOSES TO BE A PUBLIC NECESSITY; AUTHORIZING AND DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE AND THE COUNTY ATTORNEY TO TAKE ANY AND ALL APPROPRIATE ACTIONS TO ACCOMPLISH THE ACQUISITION OF THE SUBJECT PROPERTY BY NEGOTIATION OR PURCHASE AT VALUES ESTABLISHED BY APPRAISALS, TOGETHER WITH REASONABLE ATTORNEYS� FEES AND COSTS PURSUANT TO SECTIONS 73.091 AND 73.092, FLORIDA STATUTES, OR BY EMINENT DOMAIN COURT PROCEEDINGS INCLUDING DECLARATIONS OF TAKING, AS NECESSARY; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO MAKE AN ADDITIONAL INCENTIVE OFFER TO PURCHASE THE FUEL FACILITY PROPERTY IN A TOTAL AMOUNT NOT TO EXCEED 15 PERCENT OVER THE APPRAISED VALUE; DIRECTING COMPLIANCE WITH RESOLUTION NO. R-974-09; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR THE DISCHARGE OR WAIVER OF CONDITIONS PRECEDENT TO THE INSTITUTION OF CONDEMNATION PROCEEDINGS

BODY
WWHEREAS, the Dante B. Fascell Port of Miami (the �Port� or �PortMiami�) is among America�s busiest seaports, with recent economic impact studies showing that PortMiami has a positive economic impact of $61,400,000,000.00 on the State of Florida, comprising 3.9 percent of Florida�s gross domestic product; and

WHEREAS, in addition, the activities on PortMiami directly and indirectly provide and support more than 340,000 jobs, facilitating the generation of $2,200,000,000.00 in state and local tax revenues; and

WHEREAS, the continued success of PortMiami depends on its ability to keep pace with the demands of the cruise and cargo shipping industries so that they can operate efficiently; and

WHEREAS, part of the ensured continued success of PortMiami entails maintaining the availability of marine fuel, which is essential to the infrastructure and operation of an effective and efficient maritime transportation facility and the operations of the common carriers that use and conduct business at PortMiami; and

WHEREAS, through Florida Statutes Section 163.3206, the Florida legislature has declared that fuel terminals are a critical component of fuel storage and distribution, that the ability to receive, store, and distribute fuel is essential to the state�s economy and to the health, safety, welfare, and quality of life of residents and visitors, and that it is essential that fuel terminal infrastructure be constructed and maintained in various locations in order to ensure the efficient and reliable transportation and delivery of an adequate quantity of fuel throughout the state; and

WHEREAS, the Fuel Facility Property on Fisher Island legally identified in Exhibit �A� and depicted in Exhibit �B� as attached hereto and incorporated herein, along with the buildings, fixtures and improvements that serve the fuel farm facility (the �Fuel Facility Property�) provides critical support to common carriers and vessel operators transporting individuals and cargo into and out of the United States via PortMiami and is a vital and necessary component of PortMiami�s operations and continued success as set forth in the accompanying memoranda; and

WHEREAS, the County Mayor or County Mayor�s designee has conducted an extensive analysis of the Port�s need for the timely acquisition of the Fuel Facility Property which serves the aforementioned critical public purpose; and

WHEREAS, the County Mayor or County Mayor�s designee specifically caused an investigation of alternative means of securing the long-term availability of marine fuel for PortMiami, and this Board finds that no economically and operationally feasible alternative adequately secures the Port�s fueling needs and critical operational needs with the certainty, continuity, and permanence that fee simple ownership of the Fuel Facility Property provides; and

WHEREAS, as previously disclosed to the Board, that analysis was, in part, memorialized last year in the following documents that this Board herein adopts and incorporates: (1) County Mayor�s memorandum dated September 17, 2025, titled �Update to the Board of County Commissioners in Advance of Tomorrow�s Special Meeting Relating to Fuel for PortMiami� and (2) the County Mayor�s memorandum dated October 7, 2025, titled �Report Following the Special Meeting held on September 18, 2025, Regarding
Matters Related to Fuel for PortMiami and its Users�; and

WHEREAS, PortMiami requires ownership and control of the Fuel Facility Property to ensure the present, future, and long-term viability and stability of the Port�s operations and infrastructure; and

WHEREAS, this Board finds and declares the acquisition of the Fuel Facility Property (specifically, a fee simple interest in Parcel 1 and an easement interest in Parcel 2, as identified and described in Exhibits �A� and �B,� along with the fuel farm facility�s buildings, structures and improvements), for the public purpose of the continued and future operation and control of the Port�s fuel facility on the premises and ancillary port purposes, to be required and necessary for the Port�s operations, infrastructure, and basic functions and to avoid the elimination or interruption of the Fuel Facility Property�s ability to continuously supply ships berthing at PortMiami with fuel; and

WHEREAS, the term �ancillary port purposes,� as used in this resolution and in the operative sections hereof, means and is limited to those purposes authorized and described under Chapter 315, Florida Statutes, including the receipt, storage, distribution, and supply of fuel to vessels using PortMiami; maintenance and improvement of the fuel facility infrastructure; and any other use that is reasonably necessary to the efficient operation of PortMiami as a deepwater seaport and cargo and cruise terminal; and

WHEREAS, Miami-Dade County is authorized under the Constitution and Laws of Florida, including chapters 73, 74, 125, 127, and 315, Florida Statues, and sections 1.01(A) (1), (2) and (21), of the Home Rule Charter of Miami-Dade County, to acquire said property by purchase or eminent domain proceedings; and

WHEREAS, on September 18, 2025, this Board adopted Resolution No. R-897-25, which included various authorizations and directives relating to the Fuel Facility Property and this Board desires for the authority and directives set forth herein to be supplemental to those contained in Resolution No. R-897-25; and

WHEREAS, on October 9, 2025, this Board adopted Resolution No. R-995-25, which included various authorizations and directives relating to the Fuel Facility Property and this Board desires for the authority and directives set forth herein to be supplemental to those contained in Resolution No. R-995-25; and

WHEREAS, upon acquisition of the Fuel Facility Property, Miami-Dade County shall own, operate, and control the fuel facility as a governmental function in furtherance of its authority over PortMiami, and any contract with a private operator for day-to-day management or operational services shall be subject to the County�s direction, oversight, and control and shall not constitute a transfer of the property or its beneficial use to a private entity within the meaning of Article X, Section 6(c) of the Florida Constitution; and

WHEREAS, the easement interest to be acquired in Parcel 2 shall be a permanent, non-exclusive easement for the purpose of access, ingress and egress, utility connections, pipeline operation, and all uses reasonably necessary to the operation of the fuel facility on Parcel 1 and the purposes authorized under Chapter 315, Florida Statutes, the scope and terms of which easement shall be more particularly described in the petition for eminent domain and the Declaration of Taking filed in the circuit court proceedings authorized herein,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:

Section 1. Incorporates the accompanying memorandum and ratifies and adopts the matters set forth in the foregoing recitals.

Section 2. Makes the following legislative findings of necessity: (a) the Fuel Facility Property is the sole existing marine fuel terminal with the physical infrastructure, berthing access, storage capacity, and pipeline connections necessary to supply marine fuel to vessels operating at PortMiami; and (b) no alternative site within a commercially and operationally feasible proximity to PortMiami is available, suitable, or capable of being developed within a timeframe sufficient to prevent significant material disruption to port operations.

Section 3. Finds and declares that the acquisition of the Fuel Facility Property, as legally described in Exhibit �A� and depicted in Exhibit �B� attached hereto and incorporated herein by reference, together with existing buildings, fixtures and improvements necessary for the operation and maintenance of the marine fuel terminal, is needed for the public purpose of the continued and future operation of a fuel facility for PortMiami and any other ancillary port purposes that may be accomplished on the premises.

Section 4. Authorizes and directs the County Mayor or County Mayor�s designee and County Attorney to employ appraisers and expert witnesses, to obtain environmental audits, and to take any and all appropriate actions to acquire the Fuel Facility Property and provide compensation to all interested parties for such acquisition, either by negotiation, or by purchase at value established by appraisals, together with reasonable attorneys� fees, expert fees, and costs pursuant to sections 73.091 and 73.092, Florida Statutes, or eminent domain court proceedings including a declaration of taking as necessary for and on behalf of Miami-Dade County. Subject to the availability of sufficient and legally available funds, in order to potentially reduce project time and to avoid the expense of litigation, the County Mayor or County Mayor�s designee is further authorized to issue an incentive offer to purchase the Fuel Facility Property, in a total amount not to exceed 15 percent over the appraised value of the property.

Section 5. Pursuant to Resolution No. R-974-09, the County Mayor or County Mayor�s designee shall record any instruments of conveyance accepted pursuant to the terms of this resolution in the public records of Miami-Dade County and shall provide a recorded copy of each instrument to the Clerk of the Board within 30 days of execution of said instruments. This Board directs the Clerk of the Board to attach and permanently store a recorded copy of each of said instruments together with this resolution.

Section 6. Intends that the provisions and findings set forth in this resolution are severable, and that if any provision, finding, or application thereof is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions, findings, and applications shall continue in full force and effect.

Section 7. Provides that any conditions precedent to the commencement of condemnation proceedings with respect to the Fuel Facility Property, including, without limitation, as set forth in Resolution No. R-995-25, have been discharged or are waived.

HEADER
Date:

To: Honorable Chairman Anthony Rodriguez
and Members, Board of County Commissioners

From: Daniella Levine Cava
Mayor

Subject: Resolution Declaring the Acquisition of the Fuel Facility Property Located on Fisher Island for the Public Purpose of the Continued and Future Operation of a Fuel Facility for PortMiami and Ancillary Port Purposes to be a Public Necessity

STAFF RECOMMENDATION
Executive Summary
The purpose of this item is for the Board of County Commissioners (Board) to amend the description of the property to be condemned pursuant to the authority granted by the Board on October 9, 2025, and to provide additional information to the Board in connection with the exercise of that authority. On October 9, 2025, this Board approved the acquisition of the Fuel Facility Property by negotiations or through eminent domain proceedings. This item is required to accurately identify the parcels that the County now seeks to acquire.

PortMiami�s cruise and cargo line customers supply their vessels through the maritime fuel depot identified by its present owner, HRP Fisher Island, LLC (�HRP�) as the Fisher Island Terminal (the �Fuel Facility Property� or the �Property�). TransMontaigne Terminals, LLC (�TransMontaigne�) currently operates this Fuel Facility Property pursuant to a lease agreement that will provide for the cessation of fuel operations from the Fuel Facility Property by May 2027. HRP intends to repurpose the Property from its historical fuel farm usage to residential housing. Should the Property be redeveloped for any alternate use, PortMiami customers would lose access to their primary fuel supply.

The Port Fuel Facility is essential infrastructure for PortMiami, a major economic engine of Miami-Dade County responsible for over $61 billion in annual economic impact and supporting over 340,000 jobs across South Florida. It is vital to protect and enhance the economic activity generated by PortMiami by securing the Port�s consistent and permanent access to adequate volumes of nearby maritime fuel while limiting the prospect of its dependence on third parties or competitor ports.

At its special meeting held on September 18, 2025, the Board directed the Seaport through Resolution No. R-897-25 to negotiate with the owner of the fuel facility property or potential purchaser to acquire the property for a period of 31 days and provide a status at the October 9 Board meeting. At its October 9, 2025, meeting, the Board directed the Administration and County Attorney�s Office through Resolution No. R-995-25 to take any and all appropriate actions to accomplish the acquisition of the subject property by negotiation or by eminent domain court proceedings. Since then, my Administration has engaged in good faith negotiations through a confidential mediated settlement process with the owner of the fuel facility property, HRP, regarding its acquisition. On Friday, June 5, 2026, I advised this Board that the parties had concluded negotiations, and I was presented with the final terms of the deal. I shared that the terms were unacceptable and that my Administration intended to proceed with an eminent domain suit.

The resolution accompanying this memorandum is necessary to proceed with the eminent domain suit by updating the legal description of the property the County needs to acquire.

My Administration advised the Board at the October 9, 2025, meeting of alternate options considered for the conveyance of fuel, rather than through the acquisition of the Fuel Facility Property. These include barging fuel from Port Everglades (�PEV�), berthing a tanker (known as a �mother vessel�) at PortMiami to fuel vessels, building an on- or off-port fuel facility, and utilizing the rail lines to bring fuel trains into PortMiami. The Board directed the Administration to analyze at least three (3) on-port options for a fuel facility, including consideration of economic and operational feasibility, as well as the availability of utilities and site access. The Administration presented its analysis at mediation as directed by Resolution No. R-995-25. Additional analysis of on-port options was conducted by AECOM, and the results of AECOM�s study confirmed that the on-port options were not viable. The results of AECOM�s analysis are outlined in a separate report to be presented to this Board. In light of that, the accompanying resolution finds that the directive in Resolution No. R-995-25 regarding the consideration and presentation of on-port options has been satisfied.

Recommendation
It is recommended that the Board approve the accompanying resolution declaring the acquisition of the Fuel Facility Property (including the buildings, fixtures, and improvements of the fuel farm) located on Fisher Island to be a public necessity for PortMiami�s continued and future operations and viability as a cruise and cargo port. To reduce project time and cost and to avoid the expense of potential litigation, it is recommended that the Administration be granted authorization to include an incentive offer with the initial offer to purchase the fuel farm facility.

Delegated Authority
The resolution delegates authority to the County Mayor or the County Mayor�s designee and the County Attorney to take any and all appropriate actions to acquire the subject fuel farm property and to record the instruments of conveyances accepted herein in the Public Records of Miami-Dade County. The resolution authorizes the County Mayor or the County Mayor�s designee and the County Attorney to employ appraisers and expert witnesses; to obtain environmental audits; and to take any and all appropriate actions to acquire the subject property, either by negotiation, by purchase at values established by appraisals, or by eminent domain court proceedings, including a declaration of taking as necessary for and on behalf of Miami-Dade County. The resolution also authorizes the Administration to make an additional incentive offer for a total amount not to exceed 15 percent over the appraised value, together with reasonable attorney fees and costs, pursuant to Sections 73.091 and 73.092 of the Florida Statutes.

Scope
PortMiami is located within District 5, represented by Commissioner Vicki L. Lopez. The impact of this item is countywide as PortMiami is a regional asset and generates employment and positive economic impact for residents throughout Miami-Dade County.

Fiscal Impact/Funding Source
The County has received appraisals that range from $25 million to $430 million. The range of appraisals is based on differing valuation methodologies and assumptions about the likelihood that the Property would obtain development approvals. Acquisition of the property will be funded by Seaport Revenue Bonds, as programmed within the FY 2025-26 Adopted Budget and Multi-Year Capital Plan. Once the project is acquired, annual operations and maintenance costs will be funded by an Operator for the Facility and the cruise and cargo lines calling at PortMiami.

Track Record/Monitor
The Seaport Department is the entity overseeing this item and the staff member responsible for monitoring the acquisition is Frederick P. Wong, Jr., Interim Port Director.

Background
The Fuel Facility Property has been the principal source of marine fuel for the cruise and cargo lines serving PortMiami since the 1920s, and PortMiami has never owned, leased, or otherwise controlled that facility. Instead, the private sector has supplied and facilitated the provision of marine fuel to PortMiami users. Last year, the property was sold to HRP, a developer that plans to close the fuel farm and build residential development on the property. The closure of the fuel farm poses an existential threat to PortMiami, as cruise and cargo operations may not be able to function without access to a fuel facility near PortMiami. The acquisition of the property is necessary to mitigate the risk of a lapse in fuel availability at PortMiami and to ensure continuous and permanent fuel access for PortMiami and its industry partners.

Last year, the Administration was tasked by the Board to acquire the Fuel Facility either by entering into a purchase and sale contract with HRP or, failing that, through the eminent domain process in state court.

The Port Fuel Facility is essential infrastructure for PortMiami, a major economic engine of Miami-Dade County responsible for over $61 billion in annual economic impact and supporting over 340,000 jobs across South Florida. This acquisition ensures that the County will own this facility in perpetuity to ensure the continued success and growth of our operations at PortMiami. It is also anticipated that the acquisition cost will be lower than the cost of building a new facility partly due to the property�s existing berth and deepwater access, which uniquely suit the fuel facility and the Port�s navigational needs.

The authorization recommended for the Board�s approval will allow the County to acquire a fuel facility to serve the Port in perpetuity using only proprietary funds. Proceeding with the acquisition reduces the threat of disruption to existing cruise and cargo operations at PortMiami that would result from the closure of the existing fuel facility and the construction of a new facility, while also avoiding limitations to the future growth of our cruise and cargo industry.





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Roy Coley
Deputy Mayor