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40 • MEMORANDUM OF AGREEMENT THIS NIEAIORANDUAI OF AGREEMENT (MOA) is entered into this _ day of . 1999, by and between the Florida Department of Environmental Protection ("the Department") and the Board of County Commissioners of Indian River County, Florida, ("the Commission"). WITNESSETH: WHEREAS, the Florida Legislature has provided guidance concerning the matter of emergency coastal protection through Section 161.085(3), Florida Statutes, which statute provides, in part, that local governments "may install or authorize installation of rigid coastal armoring structures for the protection of private structures or public infrastructures, or take other measures ..." under certain circumstances; and WHEREAS, the Florida Legislature has also provided guidance to the Florida Department of Environmental Protection concerning the matter of protection of nesting marine turtles and their habitat through Sections 161.053(5)(c) and 370.12(1), Florida Statutes, which statutes require, in part, that the Department shall condition permits to protect marine turtles and that no harm or injury that could be classified as a "take" be allowed by the Department unless authorized under the Federal Endangered Species Act; and WHEREAS, certain questions have been raised concerning the manner in which Indian River County, through its Board of County Commissioners, has exercised its authority to issue emergency authorizations for emergency coastal protection; and WHEREAS, the Commission has issued permits for the installation of certain temporary emergency structures and those structures, upon review by the Department, were found not to he ill compliance with state statutes and administrative rules; and WHEREAS, litigation is pending concerning the Department's decisions in the matter of these permits for emergency coastal protection within Indian River County, and the possibility of additional litigation has been raised by other parties; and WHEREAS, both the Department and the Commission wish to proceed in a manner which is consistent with the requirements of all applicable Florida Statutes and which affords timely and appropriate remedies to the citizens living along the Atlantic Coastline of Indian River County.