Commissioners authorize 31-day negotiation to acquire Fisher Island fuel facility; eminent domain option reserved

Miami‑Dade County commissioners on Wednesday authorized county officials to negotiate the purchase of the Fisher Island fuel facility and directed the county attorney to prepare eminent‑domain paperwork if negotiations are unsuccessful after a 31‑day period. The motion, amended during the special meeting, passed on a 7‑4 vote.

The action responds to a pending private sale of the 9.6‑acre fuel site that county officials and cruise‑line representatives said could remove bunkering capacity essential to PortMiami operations. Jason Liberty, chief executive officer of Royal Caribbean Group, told the commission the port’s growth depends on local fuel bunkering and urged the county to “safeguard this facility for its critical maritime purpose.”

The vote directs the administration to pursue an acquisition by negotiated purchase within the 31‑day negotiation window. If negotiations fail, the county attorney is to prepare a resolution to initiate eminent‑domain court proceedings. The board’s approved parameters allow negotiated agreements to include: reimbursement of verified development‑related costs to a prospective purchaser; transfer to the county of any technical studies, drawings or plans produced for due diligence; an incentive payment not to exceed 1.5% above appraised value; payment of reasonable attorneys’ fees and closing costs as specified; and other customary conveyance steps.

The motion also authorizes the county to hire environmental and appraisal experts, to record required instruments of conveyance, to use the seaport expedite ordinance for necessary capital work after acquisition, and to negotiate operator contracts for the fuel facility on terms that are revenue‑generating or cost‑neutral to the county. The board required the administration to report back at the board’s next scheduled meeting on Oct. 9 with an update on negotiations and related steps.

Cruise‑industry executives, represented in the meeting by CEOs and association leaders including Adam Cesserano of the Florida Caribbean Cruise Association and Josh Weinstein of Carnival Corporation, argued losing on‑port bunkering would reduce ship deployments and harm hotels, restaurants and other local businesses. Labor leaders also spoke: Joe Capote, representing members of the International Longshoremen’s Association, told commissioners the workforce “need[s] this to remain here” to protect jobs.

Opposition to preserving the tanks in place came from Fisher Island residents. James Ferraro, chairman of the Fisher Island Community Association, said the association and the Fisher Island Club oppose keeping the tanks and that the current owner had told them tanks would be removed after roughly three years. Ferraro said his community supports removal and remediation plans already discussed with the purchaser.

Commissioners who supported the measure urged speed to avoid a sale that could add entitlements or covenants that would increase acquisition costs or make future acquisition more difficult. Commissioners who opposed the motion said they were uncomfortable deciding potential eminent‑domain authority in a special meeting with limited notice and without testimony from the property owner or buyer; several asked for more public notice and fuller recordation of offers and closing timing before taking decisive action.

The county administration told commissioners it has identified funding options that could include port enterprise reserves, bond issuance and potential advances from industry partners, and that no general‑fund taxpayer dollars would be used because PortMiami operates as an enterprise fund.

Votes at a glance: the motion to authorize negotiation under the stated parameters and to direct preparation of eminent‑domain resolutions if negotiations fail passed 7‑4.

The board’s direction sets up two parallel tracks: aggressive, time‑limited negotiations under the purchase parameters the board approved, and preparatory work (appraisals, environmental review and legal filings) needed to initiate eminent domain if negotiations reach an impasse. The county attorney told the board the statute requires an appraisal and a formal offer before filing condemnation proceedings; the board’s action authorizes staff to begin that preparatory work concurrently with negotiations.

What happens next: the administration will conduct appraisals and environmental and title reviews, begin purchase talks under the board’s parameters and report back to the commission at the Oct. 9 meeting with updates on the status of negotiations, any signed offers and recommended next steps. If the county and seller (or a prospective purchaser) cannot reach a negotiated agreement within the 31‑day window, the county attorney will present a resolution to begin eminent‑domain proceedings for the board’s consideration.