AGENDA

BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND

FEBRUARY 22, 2000

Substitute Page

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Item 1 Brevard County Beach Erosion Control Project/Resolution Cancellation

REQUEST: Consideration of the cancellation and vacation of record of the resolution authorizing the beach erosion control project and the survey locating an erosion control line.

COUNTY: Brevard

LOCATION: Sections 12, 13, 14, 23 and 26, Township 24 South, Range 37 East, known as Cape Canaveral

STAFF REMARKS: On July 9, 1973, the Board of County Commissioners of Brevard County requested that the Board of Trustees establish an erosion control line for the purpose of constructing and maintaining a beach erosion control project. Section 161.141, F.S., requires the Board of Trustees to establish, prior to the construction of a beach restoration project, the line of mean high water for the area to be restored. This erosion control line delineates the boundary between sovereignty lands of the state bordering on the Atlantic Ocean, the Gulf of Mexico, or the Straits of Florida and the upland properties adjacent thereto. On January 28, 1974, the Board of Trustees established an erosion control line extending south 2.7 miles from the Port Canaveral south jetty. The original beach restoration project was constructed in 1975, but was never maintained. Consequently, the current mean high water line is located as much as 291 feet landward of the erosion control line. On August 26, 1998, the Department of Environmental Protection (DEP), acting on behalf of the Board of Trustees, sent a letter directing Brevard County to restore the beach erosion control project authorized with the establishment of the erosion control line, pursuant to section 161.211(3), F.S. Section 161.211(3), F.S., states that, "[I]f the beach is not restored as directed or requested by the board of trustees within a period of 1 year from the date of the directive or request, the board of trustees shall forthwith cause to be canceled and vacated of record the resolution authorizing the beach erosion control project and the survey locating the erosion control line, and the erosion control line shall be null and void and of no further force or effect."

A beach restoration project is currently scheduled to be constructed for the subject area beginning in November 2000. After construction, the mean high water line would still be located as much as 190 feet landward of the current erosion control line, thus giving ownership of land which should be sovereignty land to the riparian owners if the erosion control line is not vacated. The DEP is currently working with Brevard County and the U. S. Army Corps of Engineers in developing the beach restoration project, including the establishment of a new, updated erosion control line.

(See Attachment 1, Pages 1-6)

RECOMMEND APPROVAL

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Substitute Item 2 Panama City Port Authority Recommended Consolidated Intent

REQUEST: Consideration of an application for (1) a modification of a 25-year sovereignty submerged lands lease to increase the preempted area from 214,621 square feet to a total of 1,821,364 square feet (41.81 acres), more or less, to incorporate existing berth areas and expand berths within a deepwater port facility; (2) authorization for the severance of 220,200 cubic yards of sovereign material; and (3) authorization for the placement of 832 linear feet of bulkhead and approximately 1,660 cubic yards of backfill on sovereignty submerged lands.

Board of Trustees

Agenda – February 22, 2000 Substitute Page Two

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Substitute Item 2, cont.

CONSIDERATION: The lessee is not required to pay lease fees pursuant to section 253.77(4), F.S., and section 18-21.011(1)(b)7, F.A.C. The lessee is not required to pay severance fees pursuant to section 253.03(10), F.S., and section 18-21.011(3)(c), F.A.C.

STAFF REMARKS: The Board of Trustees authorized a rule amendment on September 14, 1995, to "link" the two processes of regulatory and proprietary reviews and authorizations. The rule became effective October 12, 1995. As a result of this linkage, the recommended Department of Environmental Protection (DEP) regulatory permit decision and the recommendation to the Board of Trustees on the proprietary authorization are contained in one document, the "Consolidated Notice of Intent to Issue," which is attached. The attached consolidated intent contains a recommendation for issuance of a permit under Part IV of chapter 373, F.S., and a recommendation for granting authorization to use sovereignty submerged lands under chapter 253, F.S., for the activity described therein. This recommendation is provided to the Board of Trustees pursuant to section 373.427(2), F.S. A description of the requested activity is provided in Section I, "Description of the Proposed Activity." The specific basis for recommending approval of the authorization to use sovereignty submerged lands is contained in Section III, "Background/Basis for Issuance."

Approval by the Board of Trustees is requested only for those aspects of the activity which require authorization to use sovereignty submerged lands. If the Board of Trustees approves the request to use sovereignty submerged lands and the activity also qualifies for a wetland resource permit, the Consolidated Notice of Intent will be issued and will contain general and specific conditions. In the event the Board of Trustees denies the use of sovereignty submerged lands, whether or not the activity otherwise qualifies for a wetland resource permit, the DEP will issue a "Consolidated Notice of Denial" for both the wetland resource permit and the authorization to use sovereignty submerged lands.

The applicant is proposing to expand existing docking facilities at a deepwater port by installing new bulkhead and dredging 18.8 acres of berthing area to accommodate larger freighters. Berths (mooring and maneuvering areas) along the West Dock will be dredged to a depth of -32 feet NGVD (plus 2 feet allowable overdredging). Depths currently range from approximately -12 feet NGVD in the northern berth to -27 feet NGVD in the southern berths. In addition, 214 linear feet of new bulkhead will be installed along a section of riprapped shoreline between existing bulkheads and 618 linear feet of bulkhead will be installed three feet waterward of the existing bulkhead at the northern end of the West Dock. This will fill in a gap in the West Dock wharf and repair a section of deteriorating bulkhead, providing a straight, continuous bulkhead and improved docking conditions at the facility. Approximately 1,660 cubic yards of backfill will be placed on 3,357 square feet (0.08 acre) of sovereignty submerged lands behind the 832-foot (total) section of new steel sheet pile bulkhead.

The applicant is proposing to dredge approximately 220,200 cubic yards of sovereign material to deepen the West Dock (primarily the northern berth). Sediment will be hydraulically dredged and piped approximately 5,400 feet southwest across St. Andrews Bay to an existing 12-acre upland disposal site on U. S. Navy Coastal Systems Station land. Pursuant to section 253.03(10),

Board of Trustees

Agenda – February 22, 2000 Substitute Page Three

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Substitute Item 2, cont.

F.S., and section 18-21.011(3)(c), F.A.C., severance fees are not charged if the materials are dredged by a deepwater port, placed on public property, and used for public purposes.

The modified lease granted to the port will have a total preempted area of 1,821,364 square feet (41.81 acres), which includes the 18.8-acre dredge and fill area at the West Dock, the 214,621-square foot (4.9-acre) dredge and fill area authorized at the South Dock in the original lease, and the remaining port berths. The original lease, which authorized work at the South Dock and was approved by the Board of Trustees on June 28, 1994, references the need for the applicant to place the remaining areas preempted by the port under lease upon preparation of the appropriate information and documents. The 71,500-square foot existing lease area shown on the survey map was the location designated for preemption by vessels docked at the new South Dock berth. This area is included in the total 1,821,364-square foot area incorporating all port mooring and maneuvering locations. Section 253.77(4), F.S., states that ports listed in section 403.021(9)(b), F.S., shall not be required to pay any fees for activities involving the use of sovereignty lands, including leases, easements, or consents of use, except application fees required by chapters 161, 253, 373, or 403, F.S.

A site inspection on October 8, 1999, confirmed that the project is in compliance with the existing lease conditions. There are no non-water dependent structures on site. The northern end of the proposed West Dock berth expansion project is located within the 25-foot setback area and a waiver has been obtained from the affected adjacent property owner. Since the proposed project is a lease modification, it was not required to be noticed.

The existing lease authorizes port sewage pumpout facilities and fueling facilities, and prohibits liveaboards. Permit/lease conditions regarding protection of manatees and sea turtles were not necessary, as these species do not frequent the project area. The permit addresses the protection of seagrasses located in the dredge pipeline corridor near the upland disposal site. There are no seagrasses or other submerged biological resources in the berth expansion area.

A local government comprehensive plan has been adopted for this area pursuant to section 163.3167, F.S.; however, the Department of Community Affairs (DCA) determined that the plan was not in compliance. In accordance with the Compliance Agreement between DCA and the local government, an amendment has been adopted which brought the plan into compliance. The proposed action is consistent with the adopted plan as amended according to a letter received from the city of Panama City.

(See Attachment 2, Pages 1-28)

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REQUEST: Consideration of an application for (1) a 30-year sovereignty submerged lands public easement for a subaqueous natural gas transmission pipeline; and (2) a waiver of the survey requirement.

COUNTIES: Charlotte, DeSoto, Hardee, Lee, Manatee and Polk

Easement No. 30361

Application No. 29-01547503-001

Board of Trustees

Agenda – February 22, 2000 Substitute Page Four

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Substitute Item 3, cont.

APPLICANT: Florida Gas Transmission Company

CONSIDERATION: No payment at this time. However, upon adoption of any rule establishing fees for public utilities, payment shall be assessed from the effective date of said rule.

STAFF REMARKS: The Board of Trustees authorized a rule amendment on September 14, 1995, to "link" the two processes of regulatory and proprietary reviews and authorizations. The rule became effective October 12, 1995. As a result of this linkage, the recommended Department of Environmental Protection (DEP) regulatory permit decision and the recommendation to the Board of Trustees on the proprietary authorization are contained in one document, the "Consolidated Notice of Intent to Issue," which is attached. The attached consolidated intent contains a recommendation for issuance of a permit under Part IV of chapter 373, F.S., and a recommendation for granting authorization to use sovereignty submerged lands under chapter 253, F.S., for the activity described therein. This recommendation is provided to the Board of Trustees pursuant to section 373.427(2), F.S. A description of the requested activity is provided in Section I, "Description of the Proposed Activity." The specific basis for recommending approval of the authorization to use sovereignty submerged lands is contained in Section III, "Background/Basis for Issuance."

Approval by the Board of Trustees is requested only for those aspects of the activity which require authorization to use sovereignty submerged lands. If the Board of Trustees approves the request to use sovereignty submerged lands, and the activity also qualifies for an environmental resource permit, the Consolidated Notice of Intent will be issued and will contain general and specific conditions. In the event the Board of Trustees denies the use of sovereignty submerged lands, whether or not the activity otherwise qualifies for an environmental resource permit, the DEP will issue a "Consolidated Notice of Denial" for both the environmental resource permit and the authorization to use sovereignty submerged lands.

The applicant is proposing to construct 126 miles of mostly 26- and 30-inch diameter natural gas pipeline as part of the company’s Phase IV expansion of its existing pipeline facilities in Florida. A total of 205 miles of pipeline is proposed statewide in Phase IV to meet increased demand for natural gas largely for electrical power generation. Proposed in this application is the delivery of natural gas to Sarasota and Fort Myers for the first time. The main environmental benefits of the project are cleaner air from burning natural gas instead of oil and the reduction of the risk of spills incurred through the transportation and handling of crude oil.

A public easement was granted to the applicant under delegation of authority in December 1994 for Phase III, which covered 600 miles of pipeline statewide. A public easement for Phase I, including pipeline construction in Walton and Washington counties, was approved by the Board of Trustees in 1977; Phase II did not involve any crossings of sovereignty submerged lands.

The subject application is being presented to the Board of Trustees pursuant to section 18-21.0051(4), F.A.C. (effective October 12, 1995) because the size and nature of the project may elicit heightened public concern.

Board of Trustees

Agenda – February 22, 2000 Substitute Page Five

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Substitute Item 3, cont.

The proposed project is a public purpose corridor easement that includes all sovereign submerged lands lying within a 50-foot-wide legally described corridor that crosses various inland wetlands and waterbodies in Charlotte, DeSoto, Hardee, Lee, Manatee and Polk counties. The proposed corridor extends through a portion of Hillsborough County; however, sovereign submerged lands in Hillsborough County, pursuant to a legislative act, are under the

jurisdiction of the Tampa Port Authority.

Because of the scope of multi-county utility corridor projects and the inherent public purpose of these projects, in lieu of requiring the applicant to perform a survey of the easement areas across multiple sovereign waterbodies that are identified by the DEP, the DEP’s procedures for public purpose corridor easements allow for expediting completion of an application by providing a sketch and a metes and bounds legal description of the entire proposed corridor route county by county. The legal description is prefaced by a blanket statement: "All sovereign submerged lands lying within the following described lands…" Because of the blanket inclusion of all sovereignty submerged lands affected by the project in the legal description, it is not necessary for the DEP to extend the application processing time by identifying each sovereignty submerged lands crossing. Therefore, the DEP recommends approval of the survey waiver.

Collocation with existing corridors was an important criterion in defining the alignment of the pipeline. Approximately 80 percent of the proposed alignment runs adjacent to railroad, highway, and power line corridors.

In order to avoid impacts to sovereignty submerged lands resources, the applicant is proposing to install the pipe totally from the uplands by directionally drilling a hole for the pipe underneath the submerged bottoms of U.S. Army Corps of Engineers (USACOE) designated navigable waterways as follows: (1) Peace River near Arcadia in DeSoto County; (2) Caloosahatchee River near Fort Myers in Lee County; (3) Orange River near Fort Myers in Lee County; and (4) Manatee River near Bradenton in Manatee County. Directional drilling technology will also be used in Prairie Creek in DeSoto County, not designated by the USACOE as navigable.

A total of 203.6 acres in wetlands, mostly intermittent creeks and small tributaries designated Class III waters, will be excavated and backfilled over the pipe, resulting in the permanent conversion of 15.6 acres of forested wetlands to herbaceous/scrub wetlands. Any impacts to sovereignty submerged lands in these waters of the state will be concurrently mitigated for in the environmental resource permit specific conditions.

The project was noticed pursuant to section 253.115, F.S.; no comments or objections were received prior to the end of the 30-day comment period.

A consideration of the status of the local government comprehensive plan was not made for this item. The DEP has accepted the applicant’s claim of preemption by regulation under the Federal Energy Regulatory Commission.

(See Attachment 3, Pages 1-31)

RECOMMEND DEFERRAL

Board of Trustees

Agenda – February 22, 2000 Substitute Page Six

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REQUEST: (1) Affirmation that an existing public boat ramp and park are public purposes compatible with and not in conflict with public road purposes within an existing dedication; (2) approval of a consent of use to modify existing structures within an existing dedication; (3) approval of a modification to an existing dedication to add special conditions; (4) approval of an application for a 97,118-square-foot public easement and a consent of use for a dock extension within the proposed easement; (5) authorization for the severance of 4,850 cubic yards of sovereign material within the dedication and public easement areas; (6) waiver of the severance fee; and (7) waiver of the survey requirement.

CONSIDERATION: No fee is required for the structures/activities within the dedication and the proposed public easement. The project qualifies for a waiver of the severance fee pursuant to section 18-21.011(3)(c)1, F.A.C.

STAFF REMARKS: The Board of Trustees authorized a rule amendment on September 14, 1995, to "link" the two processes of regulatory and proprietary reviews and authorizations. The rule became effective October 12, 1995. As a result of this linkage, the recommended Department of Environmental Protection (DEP) regulatory permit decision and the recommendation to the Board of Trustees on the proprietary authorization are contained in one document, the "Consolidated Notice of Intent to Issue," which is attached. The attached consolidated intent contains a recommendation for issuance of a permit under Part IV of chapter 373, F.S., and a recommendation for granting authorization to use sovereignty submerged lands under chapter 253, F.S., for the activity described therein. This recommendation is provided to the Board of Trustees pursuant to section 373.427(2), F.S. A description of the requested activity is provided in Section I, "Description of the Proposed Activity." The specific basis for recommending approval of the authorization to use sovereignty submerged lands is contained in Sections III and IV, "Background/Basis for Issuance."

Approval by the Board of Trustees is requested only for those aspects of the activity which require authorization to use sovereignty submerged lands. If the Board of Trustees approves the request to use sovereignty submerged lands and the activity also qualifies for an environmental resource permit, the Consolidated Notice of Intent will be issued and will contain general and specific conditions. In the event the Board of Trustees denies the use of sovereignty submerged lands whether or not the activity qualifies for an environmental resource permit, the DEP will issue a "Consolidated Notice of Denial" for both the environmental resource permit and the authorization to use sovereignty submerged lands.

The grantee is proposing to conduct the following activities at an existing public boat ramp facility: (1) repairing the toe of the existing boat ramp within the existing dedication by

Board of Trustees

Agenda – February 22, 2000 Substitute Page Seven

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Substitute Item 4, cont.

placement of filter fabric, stone fill, and cellular concrete mat; (2) widening the existing 65-foot-long by 4-foot-wide accessory dock to eight feet for handicap access within the existing dedication; (3) extending the 65-foot-long accessory dock by adding a 75-foot-long by 6-foot-wide extension to provide six boat slips for temporary mooring within the existing dedication and proposed easement area; (4) extending the existing 103-foot-long by 4-foot-wide west accessory dock by adding a 175-foot-long by 6-foot-wide extension to provide 14 boat slips for temporary mooring within the existing dedication; (5) relocating two navigational markers within the existing dedication and one navigational marker within the proposed public easement; (6) relocating two existing fish cleaning stations to the uplands; (7) maintenance dredging 2,100 cubic yards of sovereign material to -5.6 feet mean low water (MLW) within the boat ramp basin and navigational channel within the existing dedication; and (8) dredging 750 cubic yards of sovereign material for access and use of the boat ramp and accessory dock within the existing dedication and proposed public easement. These activities will be authorized by a consent of use. The grantee also proposes to create a 26,500-square-foot (.61 acre) habitat enhancement area near the boat ramp and adjacent to the existing dedication by hydraulically dredging 2,000 cubic yards of metal-enriched sovereign material and then backfilling the area with 3,450 cubic yards of clean material, stabilizing the area with 459 cubic yards of riprap, and planting the area with native estuarine vegetation. This activity will be authorized by a public easement. Operational controls on use of the boat ramp and courtesy docks will be included as special easement and dedication conditions.

On December 5, 1961, the Board of Trustees approved a sovereignty submerged lands dedication (no. 22949) containing 738.8 acres, more or less, for: (a) public road purposes under supervision and control of the Board of County Commissioners of Lee County, Florida; and (b) for such other public purposes compatible with and not in conflict with said public road purposes, as the Board of Trustees may deem appropriate and formally approve. The purpose of the dedication was to allow construction of the causeway from Punta Rassa to Sanibel Island, which was completed in 1962. The project as constructed included a two-lane vehicular bridge in three sections, two spoil islands created by filling a portion of the sovereignty submerged lands within the dedicated area, and the bridge approaches at Punta Rassa and on Sanibel Island that entailed filling sovereignty submerged lands within the dedicated area. The spoil islands provide public parking for fishing and swimming; these uses appear to be consistent with the roadside picnic areas identified as a possible use in the November 28, 1961 Board of Trustees’ action approving the dedication. The bridges preempt approximately 8.32 acres. The spoil islands preempt approximately 63.77 acres. The bridge approaches preempt approximately 6 acres. Therefore, the total area of sovereignty submerged lands used for the Sanibel Causeway and bridge was approximately 79 acres of the total 738.8-acre dedication.

In 1977, the grantee constructed a park, associated upland facilities and a boat ramp at Punta Rassa. The boat ramp and a portion of the park are within the dedication. The portion of the park outside of the dedication is on uplands owned by the grantee. DEP has been unable to locate any Board of Trustees’ authorization for construction of the boat ramp and park within the dedication. However, DEP is of the opinion that the boat ramp and park are public purposes compatible with the dedication. Therefore, DEP recommends that the Board of Trustees affirm that the boat ramp and park are public purposes compatible with the dedication.

The public boat ramp facility consists of: two 28-foot-wide concrete ramps with two 65-foot-long by 4-foot-wide accessory docks; one 103-foot-long by 4-foot-wide accessory dock and two fish cleaning stations; an asphalt paved parking lot for vehicles and boat trailers; restrooms; a dumpster; a picnic table; an environmental awareness kiosk; and three dry detention stormwater treatment areas. Stormwater collected in two of the three dry detention areas outfalls

Board of Trustees

Agenda – February 22, 2000 Substitute Page Eight

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Substitute Item 4, cont.

into the mangroves along the shoreline of San Carlos Bay via two 18-inch diameter round concrete pipes. One of the pipes appears to be on land owned by the grantee. The other pipe is located primarily within the dedicated area, with the end of the pipe extending into the proposed easement area. This pipe was installed prior to the requirement to obtain an easement from the Board of Trustees. Therefore, only the end of the pipe will be included within the easement for the habitat enhancement area.

The boat ramp is a popular and heavily used facility, primarily for boats averaging 20 feet in length. It provides boaters direct access to the Gulf of Mexico and to various estuarine waters of Lee County. The boat ramp is also used as a loading area for local sportfishing guides.

Currently, the accessory docks adjacent to the boat ramp provide two boat slips for temporary mooring of boats that are launched and retrieved at the ramp. On busy days (weekends, holidays, and peak season), the accessory docks are inadequate to accommodate boat traffic associated with the ramp. Boat operators must await retrieval in the channel or basin, which causes congestion within the channel and basin. This congestion creates hazards to navigation and boater safety, and causes adverse impacts to benthic resources within the basin from prop scouring. The proposed extensions to the existing accessory docks, the maintenance dredging of the existing basin and channel, the additional 14,710 square feet of dredging, and the relocation of three channel markers will result in the safe use of the facility and minimization of impacts to benthic resources within the boat ramp vicinity. The proposed accessory dock extensions will also provide handicap access where none presently exists.

The existing stormwater treatment system appears to be contributing to the build-up of fine sediments and metal contaminated sediments in the vicinity of the boat ramp facility. To improve water quality and submerged resources/habitat in the vicinity of the boat ramp facility, the grantee proposes to retrofit the existing upland stormwater treatment system to provide enhanced treatment of stormwater run-off prior to its discharge into San Carlos Bay. Additional treatment of stormwater prior to its discharge into San Carlos Bay will be achieved by the enlargement of the dry detention areas, installation of discharge control devices at higher elevations (to increase retention time), and installation of baffles at the stormwater discharge locations to reduce point source discharge volumes.

The grantee proposes to remove 2,000 cubic yards of metal-enriched sovereign material from an estimated 26,500-square-foot area east of the boat ramp in the dead-end basin previously formed from the construction of the causeway at Punta Rassa. This is anticipated to further enhance submerged resources/habitat, improve flushing and water quality in the vicinity of the boat ramp facility. Sediment within the area is composed of silt and silty sand devoid of benthic invertebrates and submerged aquatic vegetation. A salt marsh will be created by backfilling that area with 3,450 cubic yards of clean material to an elevation of -0.5 feet MLW, by placing 459 cubic yards of riprap (to stabilize the fill), and by planting the area with native estuarine vegetation. This 26,500-square-foot area will be located within the 97,118- square-foot (2.23-acre) area to be included in the proposed easement. The dredge material will be placed on grantee-owned property and will be used for future road and parking lot projects. Since the material will be placed on public property and it will be used for a public purpose pursuant to section 18-21.011(3)(c)1, F.A.C., the project qualifies for a waiver of the severance fee.

A portion of the habitat enhancement area will be located within the riparian area of the adjacent property owner, Liberty/Sanibel II Limited Partnership. Section 18-21.004(3)(c), F.A.C., states as follows:

Board of Trustees

Agenda – February 22, 2000 Substitute Page Nine

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Substitute Item 4, cont.

The adjacent property owner has submitted an affidavit granting its consent for the proposed project. The DEP staff is of the opinion that this affidavit constitutes the required consent to the riparian encroachment by the proposed habitat enhancement area, pursuant to section 18-21.009(1)(c), F.A.C.

The existing dedication does not address fueling facilities, sewage pumpout facilities and liveaboards. Since the boat ramp and courtesy docks are within the existing dedication, the DEP recommends that these activities be specifically prohibited in the dedication. Since one of the boat ramp’s courtesy docks will extend into the easement area, the proposed easement will also contain a condition prohibiting these activities. There are no seagrasses within the area to be dredged.

The grantee has requested a waiver of the survey requirement of section 18-21.009(1)(e), F.A.C. On May 14, 1991, the Board of Trustees created a waiver of survey requirements for certain types of submerged lands leases and easements. For easements, the waiver applies:

The grantee does not qualify for the survey waiver because there is no existing easement for the proposed habitat enhancement area, riprap and existing outfall pipe. However, this is a public purpose project, and the applicant has provided a sketch and description that contains a metes and bounds legal description that provides enough information to locate the existing and proposed structures. Therefore, DEP is of the opinion that the survey waiver is appropriate and thus recommends approval of the survey waiver.

Section 253.115, F.S., requires the Board of Trustees to provide notice of an application for the sale, exchange, lease or easement for the use of lands to which the Board of Trustees holds title. The statute does not specifically require noticing for dedications or modifications thereto. Because of the existing dedication, DEP had processed the grantee’s request as a modification to the dedication, and the applicant was not required to notice the application. However, DEP is now recommending a public easement rather than a modification to the dedication as the appropriate form of authorization for activities outside of the existing dedication area because: (1) the Board of Trustees no longer grants dedications as a form of authorization to use sovereignty submerged land; and (2) a portion of the habitat enhancement area is outside of the grantee’s riparian area. Because noticing is required by statute and rule for public easements, DEP recommends that the grantee be required to notice the application prior to receipt of a fully executed public easement instrument. This has been addressed as a special approval condition. Upon completion of noticing, and if no substantive objections are received as a result of noticing, DEP will issue the public easement and modified dedication. If substantive objections that are within the Board of Trustees’ jurisdiction are received, the grantee will be required to address those concerns before receipt of a fully executed public easement and modified dedication. If the concerns are not adequately addressed, the grantee will be required to return to the Board of Trustees for further consideration of the grantee’s request.

Recommendations from the Bureau of Protected Species Management of the Florida Fish and Wildlife Conservation Commission regarding protection of manatees include: (1) compliance with the standard manatee construction conditions; (2) implementation of a manatee educational

Board of Trustees

Agenda – February 22, 2000 Substitute Page Ten

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Substitute Item 4, cont.

program (for the life of the facility) that includes revised permanent manatee informational displays, distribution (at no charge) of "A Boater's Guide to Lee County" information booklets, and a "You Are Here" sign that shows Lee County Manatee Protection Speed Zones (once they are established and posted) or the distribution (at no charge) of speed zone booklets; and (3) modification of the manatee educational program to conform to the adoption or revision of Florida Statutes and rules and to insure compliance with federal Endangered Species Act, 16 USC, s. 1531, et. Seq., and the Florida Endangered and Threatened Species Act of 1977, section 372.072, F.S. Recommendations (1) through (3) are included as specific conditions of the environmental resource permit. Recommendations (2) and (3) are combined and included as a special dedication condition.

A local government comprehensive plan has been adopted for this area pursuant to section 163.3167, F.S.; however, the Department of Community Affairs (DCA) determined that the plan was not in compliance. In accordance with the Compliance Agreement between DCA and the local government, an amendment has been adopted which brought the plan into compliance. The proposed action is consistent with the adopted plan as amended according to a letter received from Lee County.

(See Attachment 4, Pages 1-36)

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REQUEST: Consideration of (1) a request for approval of a 50-year, non-exclusive, 25-foot-wide, private utility easement to Withlacoochee River Electric Cooperative, Inc., on state-owned land in Hernando County, containing 6.4 acres, more or less; and (2) waiver of compensation to the Board of Trustees.

COUNTY: Hernando

Easement Number 30440

APPLICANT: Withlacoochee River Electric Cooperative, Inc.

LOCATION: A portion of Sections 08, 17 and 20, Township 22 South, Range 21 East

STAFF REMARKS: The Withlacoochee River Electric Cooperative, Inc. (Co-op), was required to shift a 1.95-mile section of its double-phase overhead electric distribution line located along the Croom Road right-of-way in Hernando County to comply with Florida Department of Transportation (DOT) clear-zone requirements. Co-op power line poles located within the western perimeter of the road right-of-way were moved an average of 15 feet

Board of Trustees

Agenda – February 22, 2000 Substitute Page Eleven

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Item 5, cont.

westward, placing them within the eastern margin of the Withlacoochee State Trail. The multi-use recreational trail is parallel to and immediately west of Croom Road in this section of the county. The trail is managed by the Department of Environmental Protection (DEP), Division of Recreation and Parks (DRP), under Board of Trustees’ Lease Number 3876. In 1972, when the power line was constructed within the Croom Road right-of-way, the two-lane rural road was unpaved. Since then, the road was surfaced and the speed limit increased from 35 to 55 miles per hour in response to lobbying by local area residents. The change in the speed limit prompted DOT to change its clear zone parameters for the road, thereby forcing the Co-op to request permission from DEP to relocate its power line poles onto state land. Because of the need to begin construction as soon as possible to comply with DOT safety requirements, the Co-op requested and received temporary authorization from DEP in November 1998 to use state lands until an easement was granted. Authorization was subject to the Co-op obtaining all permits required for the proposed activity. The Co-op’s choice of easement location was based on the fact that the eastern margin of the state trail was more practical, economical and less disruptive to the local environment than the state forest land east of Croom Road, where trimming and cutting of trees would have been required.

Section (E) of the Board of Trustees Linear Facilities Policy of January 23, 1996 (LFP), provides that the Board of Trustees be paid an amount not to exceed the fair market value of the interest acquired in the parcel on which the linear facility will be located. The applicant has requested that compensation required under Section (E) be waived because the easement request was prompted solely by state and local regulatory actions, not Co-op actions. Furthermore, the LFP requires that the managing agency be given an additional amount of money, land or services necessary to offset the actual adverse impacts reasonably to be caused by the linear facility. DRP, as the managing agency, supports the easement application and has requested no compensation.

Because of a delay in submitting a complete application, the easement request was not scheduled for consideration by the Land Acquisition and Management Advisory Council (LAMAC) until December 9, 1999. On that date, LAMAC recommended approval of the easement, including the applicant’s request for waiver of compensation. Staff has determined that the applicant has met the LFP tests of practicality and prudence by relocating the power line within the unforested perimeter of the state trail.

A local government comprehensive plan has been adopted for this area pursuant to section 163.3167, F.S.; however, the Department of Community Affairs (DCA) determined that the plan was not in compliance. A compliance agreement between DCA and the local government has been finalized. The proposed action is consistent with the adopted plan, as amended, according to a letter received from the county.

(See Attachment 5, Pages 1-14)

RECOMMEND APPROVAL

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REQUEST: Consideration of (1) a request by the Florida Board of Regents to sell a 136-acre parcel of state-owned land in Polk County; and (2) acceptance of bid submitted by Ritchie Bros. Properties Inc., in the amount of $4,500,000.

COUNTY: Polk

Deed No. 30465

Board of Trustees

Agenda – February 22, 2000 Substitute Page Twelve

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Substitute Item 6, cont.

LOCATION: Section 07, Township 26 South, Range 27 East

CONSIDERATION: $4,500,000, to be deposited in the Institute of Food and Agricultural Sciences Relocation and Construction Trust Fund

STAFF REMARKS: The 1987 Legislature charged the Florida Board of Regents with analyzing the effectiveness of transmitting the University of Florida, Institute of Food and Agricultural Sciences (IFAS) programs/research to farmers in the state through extension services. The study, which was completed and approved by the Florida Board of Regents in January 1988, recommended the development of comprehensive centers strategically located throughout the state to enhance the delivery of IFAS food, agriculture and natural resource programs. In 1990, the Legislature passed chapter 90-148, Laws of Florida, authorizing the Florida Board of Regents, with the approval of the Board of Trustees, to sell, trade, or exchange state agricultural research and education property, and apply the funds to the relocation and construction of new agricultural research facilities.

The subject property (a.k.a. Davenport property) consists of 136 acres, more or less, with a fire tower, three small buildings, an old residence and an irrigation system related to use of the property as an agricultural experiment station for citrus production. The buildings are substantially deteriorated and were determined by the appraiser to have no value. In December 1989, the mature citrus trees were destroyed by frost and IFAS determined that it was in their best interest to relocate the research grove. On November 1, 1990, the Florida Board of Regents approved the recommendation to sell the subject property.

State agencies and local governments were duly notified of the availability of the property; however, none responded. In September 1999, IFAS advertised the property for sale and one bid was received and considered by the advertised deadline. The offer was submitted by Ritchie Bros. Properties Inc., for the amount of $4,500,000. The market value of the property on February 3, 1999, as appraised by Stanley B. Reed, MAI, State Certified General Appraiser, was $4,070,000. The sale price represents 110.56 percent of the appraised market value.

A consideration of the status of the local government comprehensive plan was not made for this item. The Department of Environmental Protection has determined that surplus land sales are not subject to the local government planning process.

(See Attachment 6, Pages 1-23)

RECOMMEND WITHDRAWAL

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REQUEST: Consideration of two option agreements to acquire 48.5 acres within the Florida Keys Ecosystem CARL project from Maureen Brown and the Griffitts and Kelly Trusts.

COUNTY: Monroe

LOCATION: Sections 23 and 24, Township 62 South, Range 38 East

Board of Trustees

Agenda – February 22, 2000 Page Thirteen

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Item 7, cont.

CONSIDERATION: $735,000

APPRAISED BY SELLER’S TRUSTEES’

REVIEW Marr Padron APPROVED PURCHASE PURCHASE OPTION

NO. PARCEL ACRES (02/07/97) (01/01/96) VALUE PRICE PRICE DATE

000302 Kelly 42.3 $500,000 $400,000 $500,000 * $475,000 120 days

(03/25/99)

000303 Brown 6.2 $275,000 $275,000 ** $260,000 150 days

$775,000 $735,000 after BOT

approval

* Purchased prior to 1971 ** Purchased in 1985

STAFF REMARKS: The Florida Keys Ecosystem CARL project is ranked number 3 on the CARL Priority Project List approved by the Board of Trustees on February 9, 1999, and is eligible for negotiation under the Division of State Lands’ (DSL) Land Acquisition Workplan. The project contains 7,033 acres, of which 2,501.51 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves these agreements, 4,482.99 acres or 64 percent of the project will remain to be acquired.

On March 12, 1996, the Board of Trustees exercised its authority under section 259.041(1), F.S., to waive the normal appraisal procedures and to substitute other reasonably prudent procedures. This enabled the DSL to utilize approved appraised values that were based on land use regulations in effect as of January 1, 1996, in Monroe County.

All mortgages and liens will be satisfied at the time of closing. In the event the commitments for title insurance, to be obtained prior to closing, reveal any encumbrances which may affect the value of the properties or the proposed management of the properties, staff will so advise the Board of Trustees prior to closing.

Title insurance policies, surveys, environmental site evaluations and, if necessary, environmental site assessments will be provided by the purchaser prior to closing.

The unique pine rocklands and hardwood hammocks of the Florida Keys, forests of West Indian plants that shelter several extremely rare animals, are being lost to the rapid development of these islands. Public acquisition of the Florida Keys Ecosystem CARL project will protect all the significant unprotected hardwood hammocks left in the Keys and many rare plants and animals, including the Lower Keys marsh rabbit and the Key deer. It will also help protect the Outstanding Florida Waters of the Keys, the recreational and commercial fisheries, and the reefs around the islands, and will give residents and visitors more areas in which to enjoy the natural beauty of the Keys.

These properties will be managed by the Florida Fish and Wildlife Conservation Commission for the conservation and preservation of the natural resources of the properties.

These acquisitions are consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan.

(See Attachment 7, Pages 1-44)

RECOMMEND APPROVAL

Board of Trustees

Agenda – February 22, 2000 Substitute Page Fourteen

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REQUEST: Consideration of the acceptance of an assignment of option agreement to acquire 238.2 acres within the Perdido Pitcher Plant Prairie CARL project from The Nature Conservancy, Inc.

COUNTY: Escambia

LOCATION: Section 09, Township 03 South, Range 31 West

CONSIDERATION: $490,692 ($476,400 for the acquisition; $14,292 for the purchase of the option agreement)

APPRAISED BY SELLER’S TRUSTEES’

REVIEW Nolan Rogers APPROVED PURCHASE PURCHASE OPTION

NO. PARCELS ACRES (04/12/99) (04/12/99) VALUE PRICE * PRICE DATE

000305 Wright 238.2 $450,000 $500,000 $500,000 unknown $476,400 04/15/00

* Sellers have owned the property since 1968.

STAFF REMARKS: The Perdido Pitcher Plant Prairie CARL project is ranked number 5 on the CARL Priority Project List approved by the Board of Trustees on February 9, 1999, and is eligible for negotiation under the Division of State Lands’ Land Acquisition Workplan. This project contains 6,885 acres, of which 2,427.2 acres have been acquired. After the Board of Trustees approves this agreement, 4,219.6 acres or 61 percent of the project will remain to be acquired.

Pursuant to a multi-party acquisition agreement entered into between the Division of State Lands (DSL) and The Nature Conservancy, Inc. (TNC), TNC has acquired an option to purchase the parcel from Shirley Wright, Theodore S. Wright, Jr., Thea Sue Wright Harkins and Theoley S. Wright Malmer. After the acquisition is approved, the Board of Trustees will acquire the option from TNC for $14,292, which represents agreed upon compensation to TNC for overhead associated with acquiring the option. The assignment of option agreement provides that payment to TNC is contingent upon the Board of Trustees successfully acquiring the property from the owners. The assignment of option agreement further provides that in no event will the purchase price for the option and the purchase price of the property exceed the DSL approved value of the property.

All mortgages and liens will be satisfied at the time of closing. The appraisers valued the property and the sale was negotiated as though there is no legal access. The property can be accessed through adjoining state-owned land. In the event the commitment for title insurance, to be obtained prior to closing, reveals any encumbrances which may affect the value or proposed management of the property, staff will so advise the Board of Trustees prior to closing.

A survey, a title insurance policy, an environmental site evaluation and, if necessary, an environmental site assessment will be provided by the purchaser prior to closing. Seller shall reimburse 50 percent of the survey cost at closing.

The pine flatwoods and swamps west of Pensacola are interrupted by wet grassy prairies dotted with carnivorous pitcher plants, some of the last remnants of a landscape unique to the northern Gulf coast. Public acquisition of the Perdido Pitcher Plant Prairie CARL project will conserve these prairies and the undeveloped land around them, helping to protect the water quality of Perdido Bay and Big Lagoon, and giving the public a wealth of opportunities to learn about and enjoy this natural land.

The property will be managed by the Division of Recreation and Parks as part of the Tarkiln Bayou State Preserve.

Board of Trustees

Agenda – February 22, 2000 Substitute Page Fifteen

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Substitute Item 8, cont.

The acquisition is consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan.

(See Attachment 8, Pages 1-44)

RECOMMEND DEFERRAL

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REQUEST: Consideration of an option agreement to acquire 162.4 acres within the Garcon Ecosystem CARL project from W. Neil Swain, et al.

COUNTY: Santa Rosa

LOCATION: Section 20, Township 01 South, Range 28 West

CONSIDERATION: $430,000

APPRAISED BY SELLER’S TRUSTEES’

REVIEW Fruitticher APPROVED PURCHASE PURCHASE OPTION

NO. PARCEL ACRES (08/26/99) VALUE PRICE PRICE DATE

000304 Swain/14 162.4 $495,000 $495,000 * $430,000 150 days after

BOT approval

*The property was purchased over five years ago.

STAFF REMARKS: The Garcon Ecosystem CARL project is ranked number 11 on the CARL Bargain/Shared Project List approved by the Board of Trustees on February 9, 1999, and is eligible for negotiation under the Division of State Lands’ Land Acquisition Workplan. The project contains 8,446 acres, of which 2,909 acres have been acquired by the Northwest Florida Water Management District and 259.6 acres have been acquired or are under agreement to be acquired by the Board of Trustees. After the Board of Trustees approves this agreement, 5,115 acres or 61 percent of the project will remain to be acquired.

All mortgages and liens will be satisfied at the time of closing. In the event the commitment for title insurance, to be obtained prior to closing, reveals any encumbrances which may affect the value of the property or the proposed management of the property staff will so advise the Board of Trustees prior to closing.

A title insurance policy, a survey, an environmental site evaluation and, if necessary, an environmental site assessment will be provided by the purchaser prior to closing.

The peninsula jutting into the north end of Pensacola Bay is covered with wet grassy prairies dotted with carnivorous pitcher plants and other rare plants - some of the best pitcher-plant prairies left in Florida. Public acquisition of the Garcon Ecosystem CARL project will protect these prairies, thereby helping their rare plant and animal inhabitants to survive, maintaining the water quality of Pensacola Bay, and allowing the public to learn about and enjoy this unique natural environment.

The property will be managed by the Department of Environmental Protection’s Office of Coastal and Aquatic Managed Areas as a state buffer preserve.

This acquisition is consistent with section 187.201(10), F.S., the Natural Systems and

Recreational Lands section of the State Comprehensive Plan.

Board of Trustees

Agenda – February 22, 2000 Substitute Page Sixteen

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Item 9, cont.

(See Attachment 9, Pages 1-18)

RECOMMEND APPROVAL

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REQUEST: Consideration of a purchase agreement to acquire 904.72 acres adjoining the Bull Creek Wildlife Management Area by the Florida Fish and Wildlife Conservation Commission under the Preservation 2000 program from Henry C. Yates.

COUNTY: Osceola

APPLICANT: Florida Fish and Wildlife Conservation Commission

LOCATION: Sections 13 through 18, Township 28 South, Range 33 East

CONSIDERATION: $1,265,000

APPRAISED BY SELLER’S TRUSTEES’

REVIEW Holden Lentz APPROVED PURCHASE PURCHASE CLOSING

NO. PARCEL ACRES (02/18/99) (02/18/99) VALUE PRICE PRICE DATE

000301 Yates 904.72 $1,312,000 $1,275,000 $1,312,000 $900,000* $1,265,000 06/30/00

* Purchased in February 1995.

STAFF REMARKS: This acquisition was negotiated by the Florida Fish and Wildlife Conservation Commission (FWCC) under the P2000 program. This property adjoins the Bull Creek Wildlife Management Area and is on the current FWCC acquisition list. Approximately 640 acres of this property are within the Osceola Pine Savannas CARL project.

On August 28, 1997, the Board of Trustees approved an option agreement which included this parcel as well as an additional 1,190.8-acre parcel owned by the Equitable Life Assurance Society of the United States on which Mr. Yates had an option to buy at that time. Mr. Yates’ option to acquire the Equitable parcel expired before boundary issues involving the two parcels could be resolved. Because the two ownerships were appraised as one parcel, the state was not in a position to close on either ownership after his option to acquire the Equitable parcel expired. Since that time, the Yates parcel has been appraised independent of the Equitable ownership. Acquisition of the Equitable ownership was approved by the Board of Trustees on December 14, 1999.

This property is currently subject to outstanding oil, gas and mineral interests in favor of Consolidated Tomoka Land Company. These interests affect the entire tract of property. The seller previously attempted to acquire these outstanding interests without success and is unwilling to attempt to acquire them as part of this transaction. On June 22, 1999, the Board of Trustees approved a staff recommendation to delegate to the Department of Environmental Protection (DEP) the authority to review and evaluate marketability issues as they arise on all chapter 259, F.S., acquisitions and to resolve them as appropriate; therefore, staff would not typically bring title issues such as this to the Board of Trustees' attention. However, after discussions at the February 16, 2000 Cabinet Aides meeting, we have included information on this outstanding interest. DEP staff will review and evaluate this and any other title issues that arise prior to closing and resolve them as appropriate.

Board of Trustees

Agenda – February 22, 2000 Substitute Page Seventeen

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Substitute Item 10, cont.

This acquisition consists of a parcel of land that includes the main ranch and a 30-foot-wide access road which extends from U.S. 441 to the western boundary of the ranch. The property is generally level with slightly lower wetland areas scattered throughout the site. Improvements on the site include a mobile home, three barns, an equipment shed, and cattle pens. The ranch has been primarily used for cattle grazing in recent years. The FWCC has given permission for the seller to remove the mobile home prior to closing and will ascertain the best use of the other improvements as part of the management plan after closing. The appraisals indicate that no contributory value was given to the improvements.

All mortgages and liens will be satisfied at the time of closing. In the event the commitment for title insurance, to be obtained prior to closing, reveals any other encumbrances which may affect the value of the property or the proposed management of the property, staff will so advise the Board of Trustees prior to closing.

A boundary survey, an environment site assessment, and a title insurance policy will be provided by the FWCC prior to closing.

This tract is bordered on the east by the Bull Creek Wildlife Management Area, and contains 321 acres of wetlands and 583 acres of uplands. Most of the upland acreage has been converted to rangeland interspersed with palmetto pine forest, while the wetlands remain relatively intact and are predominantly forested with cypress, gum and maple. Acquisition of this land will create a more complete pattern of ownership for the wildlife management area, provide additional wildlife habitat, increase public access and enhance the overall management of the Bull Creek Wildlife Management Area. The parcel provides habitat for a variety of wildlife, including several listed species such as, bald eagles, sandhill cranes, wood storks, gopher tortoises, Sherman’s fox squirrel, and alligators.

The property will be managed by the FWCC as an addition to the Bull Creek Wildlife Management Area for natural resource conservation and resource-based public outdoor recreation within a multiple-use management regime.

This acquisition is consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan.

(See Attachment 10, Pages 1-47)

RECOMMEND APPROVAL

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DEFERRED FROM THE FEBRUARY 7, 2000 AGENDA

REQUEST: Consideration of (1) the 2000 Conservation and Recreation Lands (CARL) Annual Report of the Land Acquisition and Management Advisory Council (LAMAC); and (2) the 2000 CARL Annual Priority List.

LOCATION: Statewide

APPLICANT: Division of State Lands, on behalf of the LAMAC

STAFF REMARKS: Pursuant to section 259.035(2)(a), F.S., the LAMAC adopted the 2000 CARL Annual Priority List of acquisition projects on December 9, 1999. This will be the

Board of Trustees

Agenda – February 22, 2000 Additional Page Seventeen-A

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Item 11, cont.

final CARL Priority List to be submitted by the LAMAC to the Board of Trustees. On March 1, 2000, the LAMAC will be replaced by the Acquisition and Restoration Advisory Council, which will be required to submit a Florida Forever List to the Board of Trustees by the first meeting of the Board of Trustees in May of each year that Florida Forever bonds are to be issued. The 2000 CARL Annual Priority List consists of 94 projects ranked by the LAMAC in

six groups: 32 Priority projects; 22 Bargain/Shared projects; 8 Substantially Complete projects; 7 Mega-Multiparcel projects; 10 Less-Than-Fee projects; and 15 Negotiation Impasse projects. Projects on the 2000 CARL Annual Priority List comply with the legislative intent of

sections 259.101(4)(f), and 259.032(3), F.S. (1998 Supplement).

Ten projects included on the 1999 Annual and two Interim CARL Priority Lists are not included on the 2000 CARL Annual Priority List. The Everglades Agricultural Restoration Area, Julington/Durbin Creeks, Juno Hills, Mallory Swamp, Okaloacoochee Slough, Rookery Bay, Rotenberger/Seminole Indian Lands, Sebastian Creek, South Savannas, and Tequesta Circle

(Item 11 continues on next page.)

Board of Trustees

Agenda – February 22, 2000 Page Eighteen

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Item 11, cont.

projects are all calculated to be 90 percent complete and have been removed from the list; any remaining parcels in these projects can be acquired pursuant to section 259.032(8), F.S. Two of these projects (Tequesta Circle and Julington/Durbin Creeks) were added to 1999 CARL Interim Priority Lists, but they were completed before development of the 2000 CARL Annual Priority List and, therefore, removed from the Second 1999 CARL Interim Priority List.

Ten projects on the 1999 CARL Priority List were transferred from one group to another. The North Indian River Lagoon project was essentially a component of the Indian River Lagoon Blueway, which has parcels north and south of this tract. It is also on the Bargain/Shared list and, therefore, has been combined with the Indian River Lagoon Blueway project. Three projects (Cape Haze/Charlotte Harbor, Lochloosa Wildlife, and Spruce Creek) were transferred from other groups to the Substantially Complete group because a substantial portion of the acreage has been acquired and the remaining parcels within these projects do not have a substantive annual cost. And, six projects on the 1999 CARL Priority List [Allapattah Flats, Apalachicola River (Atkins tract), Cypress Creek, Hall Ranch, Lake Powell, and Putnam County Sandhills] were transferred from other groups to the Negotiation Impasse group because negotiations on the remaining essential or core parcels have been unsuccessful and have reached an impasse (or the owners are not willing to consider a sale).

Seven new projects were added to the 1999 CARL Annual Priority List or combined with projects already on the list: Alford Arm (Leon County), Big Bend Swamp/Holopaw Ranch (Osceola County), Fisheating Creek (Glades/Highlands counties), Lecanto Sandhills (Citrus County), Ross Prairie Addition (Marion County), St. Joe Timberland (multi-counties), and Three Chimneys (Volusia County). Lecanto Sandhills was combined with the Annutteliga Hammock project in the Priority group and the Ross Prairie Addition was combined with the Longleaf Pine Ecosystem (Ross Prairie site) in the Priority group. Big Bend Swamp/Holopaw Ranch and Fisheating Creek were placed on the Less-Than-Fee list; while Three Chimneys and St. Joe Timberland were placed on the Priority list. The St. Joe Timberland project consists of discrete, individual tracts owned by the St. Joe Company that were extracted from within other CARL projects. The owners of this project plan to propose additions of other lands under their ownership to this project at a later date. The LAMAC also modified the project design boundaries (by adding or deleting acreage) of eighteen CARL projects in 1999: Alderman’s Ford Addition, Apalachicola River (Priority group), Atlantic Ridge Ecosystem, Caloosahatchee Ecoscape, Catfish Creek, Charlotte Harbor Flatwoods, Corkscrew Regional Ecosystem Watershed, Florida Keys Ecosystem (Ramrod Key), Florida’s First Magnitude Springs (Madison Blue Spring), Green Swamp, Ichetucknee Trace, Indian River Lagoon Blueway, Middle Chipola River (Priority group), Pal-Mar, Rotenberger/Seminole Indian Lands, South Walton County Ecosystem, St. Joe Timberland, and Wacissa/Aucilla River Sinks.

The 2000 CARL Annual Report and Priority List are consistent with section 187.201(10), F.S., the Natural Systems and Recreation Lands section of the State Comprehensive Plan.

Pursuant to section 259.04(1)(c), F.S., within 45 days after the LAMAC submits the CARL Priority List to the Board of Trustees, the Board of Trustees shall approve, in whole or in part, the list of acquisition projects in the order of priority in which such projects are presented. If approved, the Division of State Lands, in cooperation with staff of the LAMAC, will develop a workplan to acquire projects in priority order.

(See Attachment 11, Pages 1-2)

Board of Trustees

Agenda – February 22, 2000 Additional Page Nineteen

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REQUEST: Consideration of authorization to acquire an undivided 50 percent interest with the Southwest Florida Water Management District (District) in 39.1 acres within the Terra Ceia CARL project from the Sheldon Fruchtman Trust.

COUNTY: Manatee

LOCATION: Section 24, Township 33 South, Range 17 East

CONSIDERATION: $128,500 (The Board of Trustees’ 50 percent share of the total purchase price of $257,000)

STAFF REMARKS: The Terra Ceia CARL project is ranked number 7 on the CARL Bargain/Shared Project List approved by the Board of Trustees on February 9, 1999, and is eligible for negotiation under the Division of State Lands’ Land Acquisition Workplan. The project contains 4,325 acres, of which 1,410 have been acquired or are under contract to be acquired. After the Board of Trustees approves this agreement, 2,875.9 acres or 66 percent of the project will remain to be acquired.

On November 18, 1997, the Board of Trustees authorized staff to enter into an acquisition agreement with the District to acquire the Fruchtman ownership located within the Terra Ceia CARL project in accordance with section 259.041(16), F.S. (1994), utilizing the procedures set out in section 373.139, F.S.

Pursuant to the terms of the acquisition agreement, the District contracted to purchase the Fruchtman ownership at 98 percent of the approved value. Title to the property acquired will vest jointly in the Board of Trustees and the District, with each owning an undivided 50 percent fee simple interest. The Board of Trustees' purchase price will be 50 percent of the contract price negotiated by the District plus 50 percent of the costs incurred in the purchase of the property.

As provided for in the acquisition agreement, on December 14, 1999, the Governing Board of the District adopted Resolution No. 99-50, requesting the Board of Trustees’ share of the purchase price for the Fruchtman parcel, reimbursement of 50 percent of its pre-acquisition costs and reimbursement of 50 percent of its closing costs. Pursuant to the acquisition agreement, the pre-acquisition and closing costs will be reimbursed from CARL incidental expense funds. The District’s resolution contains all of the assurances required by the acquisition agreement.

The mangrove swamps and flatwoods on the islands and mainland around Terra Ceia Bay are some of the last natural lands left on the southeast shore of Tampa Bay. The Terra Ceia CARL project will protect and restore this natural area, helping to preserve the fishery and manatee feeding grounds in Terra Ceia Aquatic Preserve and giving the public an area in which to fish, boat, and enjoy the original landscape of Tampa Bay.

This parcel will be managed by the Department of Environmental Protection’s Office of Coastal and Aquatic Managed Areas as a state buffer preserve, with uses such as boating and fishing, and, in accessible uplands, activities like picnicking and hiking.

This acquisition is consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan.

(See Additional Attachment 12, Pages 1-34)

RECOMMEND APPROVAL