FORT PIERCE, Fla. — The Florida Department of Environmental Protection has given Fort Pierce until Sept. 15 to review, approve and submit a proposed consent order resolving nearly $16,000 in state fines tied to docks at Little Jim Bait & Tackle.
Emails obtained by WPTV from FDEP show the state agency extended the city's deadline by 90 days, meaning city commissioners have not yet formally accepted or rejected the state's enforcement terms. City staff have been negotiating with FDEP to reduce or resolve the thousands of dollars in penalties.
The enforcement action follows WPTV's reporting that revealed FDEP alleges the city has been operating docks at Little Jim's on state-owned submerged land without authorization — land the agency says the city never had permission to use.
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City Commissioner Michael Broderick previously acknowledged the allegation.
"My information is that accusation is actually true, that there was an extension of the existing docks," Broderick said July 6.
Broderick said it remains unclear whether the city or the Little Jim's tenant was responsible for extending the docks without the required permits.
"Keep in mind that the city of Fort Pierce owns that real estate, so ultimately, in the day, the city of Fort Pierce is the responsible party," Broderick said.
The FDEP action is one of several legal and regulatory pressures now surrounding the historic waterfront property. In early July, Fort Pierce city commissioners voted unanimously to reject a settlement offer in a separate lawsuit filed by local resident Kevin Keene, who alleged years of waterfront mismanagement tied to Little Jim's.
Under the proposed settlement terms, Keene would have dropped the case if the city halted any new plans for Little Jim until the FDEP permit issues were resolved and allowed a public vote on future waterfront land decisions. The city has filed a motion to dismiss Keene's amended complaint, and Keene said he will continue to pursue litigation.
"My motivation is only to protect the publicly owned waterfront property and to make sure that major decisions are not being made without enough transparency, caution, and public awareness," Keene said. "This was never about money or personal gain for me."
The dispute traces back to WPTV's reporting that the Fort Pierce landmark of nearly 80 years was facing an uncertain future after its lease expired. The city offered the land lease to bidders, drawing an outcry from residents.
"Our biggest fear is we don't want this to change and be a chain restaurant or a big box store," restaurant co-owner Donna Qvarnstrom said. "It's local and the people love local."
After an outpouring of community support, the city kept the restaurant open month to month. Despite five formal proposals submitted to the city — including one from the current operators — the city said none met the criteria and scrapped plans to select a new tenant.
Keene argues the handling of Little Jim's is part of a broader pattern of poor waterfront stewardship, pointing to two other controversial city projects: Fisherman's Wharf, where state records show the city promised land it didn't own, and King's Landing, where a developer claims the city promised buildable property that contained 1,500 tons of old power plant concrete. The Fisherman's Wharf situation led to a current multi-million dollar lawsuit filed by that project's developer and threats of a lawsuit from the King's Landing developer.
Broderick said the city's management of leased properties needs to change.
"In my opinion, the handling of city-owned real estate that we subsequently lease out to tenants is — it's not being managed. I will not rest until I get to the bottom of this issue," Broderick said.
When asked how the city plans to fix the problem, Broderick said a comprehensive review is needed.
"This is going to take a top down, bottom up approach to look at the entirety of the portfolio of the city of Fort Pierce and fix this one asset at a time," Broderick said.
Broderick also said the city is planning to hire a real estate manager to oversee development decisions and prevent future situations.
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