FORT PIERCE–The Florida Department of Environmental Protection (FDEP) says unpermitted docks built over nearly 10,000 square feet of state-owned submerged land adjacent to Little Jim Bait and Tackle will cost the City of Fort Pierce $16,000 in state fines.

If the city does not agree to FDEP’s settlement terms, the docks constructed by the current Little Jim operator may have to be removed and the city could be liable for penalties and fines of up to $25,000 a day, in addition to criminal sanctions.

And written communications in January between the city and Little Jim operator Salty3 Baitshack LLC show concerns over site erosion, handicapped parking and restrooms and site drainage threatened the continued use of the North Hutchinson Island waterfront as a bar/restaurant.

“…if public safety issues cannot be remediated in a timely manner, the city must determine whether continued use of the property for its current purpose is appropriate considering the associated safety implications,” Fort Pierce City Manager Richard Chess wrote in a communication to Little Jim manager Donna Qvarnstrom that was obtained by Hometown News as part of a public records request. “Salty3 Baitshack LLC is responsible to contact the appropriate state and county enforcement agencies to address these concerns.”

Meanwhile, a June 17 letter from FDEP, also obtained by Hometown News, gives the city 20 days to agree to the state agency’s consent order and temporary use agreement to address the docks constructed on state-owned submerged property. The next day, City Attorney Sara Hedges responded, telling FDEP 20 days was not enough time for the city to act and requested information on seeking an extension.

Neither the FDEP nor the city has responded to Hometown News’ requests for an update on the status.

The controversy first arose in 2025, when the city issued a Request for Proposals (RFP) for bidders interested in a new, long-term lease to operate the historic waterfront restaurant. Several bidders raised questions then about the site’s zoning, official boundaries, environmental impacts and the location and construction of the adjacent docks that had been added without required permits.

Those bidders were eventually declared “unresponsive,” and evaluators determined a Michigan company’s proposal was rated highest for the new lease.

The city subsequently threw out all the bids, citing unresolved issues, and has continued the lease with the current operator on a month-to-month basis since October, after FDEP identified suspected violations at the site in August.

In its June 17 consent order, Sirena Davila, director of FDEP’s Southeast District, directed the city to:

–Within 30 days, pay the state fines and costs totaling $5,000, plus another $10,989.74 “for the past and current use of the (state) lands without the approval or authorization…” The FDEP assessed that lease cost for 9,649 square feet from August 2021 to August 2026. Additional cost will be computed and billed for time after August 2026.

–Apply for a permit to keep the docks over the state’s land within 60 days and apply for a lease of those lands within 120 days. If the permit is not granted, the docks must be removed within 180 days of the denial.

–Pay a $1,000-a-day penalty for each day the city might fail to comply with any of the terms.

–Have temporary, exclusive use of the structures now existing on the state land for up to one year or until the state grants authorization for the city to use the state land. However, a long-term agreement was not guaranteed and the order could be terminated if the docks “encroach or interfere with riparian rights of the adjacent upland riparian owner…”

–”…not conduct any dredging, filling or construction activities” in the state waters without obtaining a FDEP permission.

–Not assign or transfer any negotiated rights to use the state-owned property “to any other party without prior written consent” of FDEP.

The order leaves the door open for other parties “whose substantial interests are affected” to petition for an administrative hearing on the terms within 21 days.

A Jan. 5 email from Hedges to nine city employees, including City Manager Chess, indicates the city already anticipated the FDEP had found boundary violations and would be “seeking damages and monetary penalties against the city.” Hedges also asked for a review of Salty 3 Baitshack’s existing lease.

“Additionally, I strongly recommend a review of the Lessor’s lease be conducted for their responsibility and how the city would like to move forward with operation of this property given the issues FDEP has raised,” Hedges wrote, the emphasis being hers.

Hedges also asked for the city’s insurance carrier to review any coverage the city might have.

Although these city records did exist as early as Jan. 5, at least two requests by Hometown News to the city for updates on the status of the FDEP inquiry in March and April produced no records.

The city also has thus far failed to answer questions, including whether the city or Salty3 Baitshack will pay the state-ordered fines and lease costs.