Update on KC lawsuit: there is indeed no DERM violation

[Fabrice COLOZZI]

Dear Residents,

This message is to update you about an alleged violation by the Miami-Dade DERM at the King Cole Marina.

About 3 weeks ago, the board wrote to every unit owner:
... a violation by the Miami-Dade County Department of Environmental Resources Management (DERM) was issued to the Association, and it is a fiduciary duty of the BOD to protect the interests of the building and not jeopardize the submerged land lease from the state of Florida ....

After researching and contacting DERM as well as our condo manager, it was confirmed that "there is no current or outstanding violation". (see DERM's email and link to DERM website below)
The board's letter is misleading and a breach of trust.

=> The board is blanty lying to us, there is no DERM violation.

In fact, there is no violation, most likely because DERM uses the State of Florida definitions (as shown in their correspondence from Nov 2018, attached to this message).
The State of Florida defines recreational vessels as those "manufactured and used primarily for noncommercial purposes OR leased, rented, or chartered to a person for his or her noncommercial use." (see link below)

=> The condominium may well lose the appeal before the State of Florida, which will cost us a tremendous amount of money.

It is deeply concerning that our current board of directors is still pursuing this legal action without properly researching and verifying the alleged DERM violation and State definitions.
I strongly urge the board of directors to take responsibility for their actions and to consider resigning from their positions.
It is imperative that we have leaders who are transparent, trustful, responsible, and accountable to the community.

Sincerely,
Fabrice COLOZZI #826

PS: As I am currently unable to post directly to the official email group. I kindly request your assistance in forwarding this message with the rest of the community on: kingco...@gmail.com
Your support in keeping everyone informed would be greatly appreciated.

BOARD's FALSE STATEMENT:

LINK TO THE FLORIDA STATUTES:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0327/Sections/0327.02.html

EMAIL FROM DERM (from January 23, 2023) stating there is no violation:
From: "Cathey, Ken (RER)" <Ken.C...@miamidade.gov>

LINK TO DERM, TO CHECK BY YOURSELF the absence of violation:
https://ecmrer.miamidade.gov/hpi/search/default/proc_document/paramName=allproperties&paramValue=%22king+cole%22&paramType=allproperties/paramName=proc_document&paramValue=proc_document&paramType=type&pageNumber=1&sortAttr=cs_folio&sortOrder=-1