SUBJECT:
Title
Request Authorization to Proceed with an Administrative Appeal of the United States Department of Agriculture / United States Forest Service Decision Regarding Marion County's Forest Tower Communications Site Lease
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INITIATOR: |
DEPARTMENT: |
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Matthew G. Minter, County Attorney |
County Attorney |
DESCRIPTION/BACKGROUND:
Marion County holds a long-term communications use lease with the U.S. Department of Agriculture/U.S. Forest Service (USDA/USFS) for the Forest Tower Communications Site in the Ocala National Forest. The current lease extends through December 31, 2049, and incorporates a Communications Site Management Plan identifying the communications site and its existing users.
For years, the County has maintained agreements with governmental and commercial communications users, including the Florida Department of Management Services, Verizon, T-Mobile/Sprint and their predecessors, for use of the County's communications facilities and associated site improvements. USDA/USFS has historically recognized these users in the County's communications-site authorization and has assessed annual rent to the County based, in part, upon the County's tenant/customer uses.
On September 9, 2026, USDA/USFS formally rejected the County's interpretation that its existing authorization permits the County's tenants to occupy the associated ground areas. USDA/USFS instead determined that ground facilities owned by third parties require separate Forest Service authorizations and advised that the State of Florida, T-Mobile and Verizon/Cellco obtain separate communications use leases.
The County disputes this interpretation based upon the language of its existing lease and incorporated Site Management Plan, the parties' historical administration of the communications site, and the County's existing contractual relationships with its communications tenants. The County Attorney recommends filing the appropriate administrative appeal to preserve the County's rights and administrative remedies. The appeal deadline is October 23, 2026. Separately, the County has received an extension through November 27, 2026, to respond to USDA/USFS's proposed replacement lease.
BUDGET/IMPACT:
None
RECOMMENDED ACTION:
Recommended action
Motion to authorize the County Attorney to file an Administrative Appeal of the USDA/USFS decision and to take such additional legal action as may be necessary to protect the County's contractual rights.
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