The Governor and Cabinet - Florida Department of State

Cabinet Affairs

	Transcript
	Audio
	Other Dates

AGENDA

BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND

MARCH 28, 2000

Item 1 Minutes

Submittal of the Minutes of the February 7, 2000 Cabinet Meeting.

RECOMMEND ACCEPTANCE

Item 2 Rae Miller McClure v. BOT and DEP Settlement Agreement

REQUEST: Consideration of a proposed settlement agreement in the case of Rae Miller McClure v. Board of Trustees of the Internal Improvement Trust Fund and Department of Environmental Protection, Seventh Judicial Circuit (Putnam County) Court Case No. 97-5188-CA, through the purchase of 805.4 acres of land in Putnam County under the CARL program.

APPLICANTS: Department of Environmental Protection, Division of State Lands and Rae Miller McClure

COUNTY: Putnam

CONSIDERATION: $650,000

APPRAISED BY

REVIEW Benson APPROVED PURCHASE CLOSING

NO. PARCEL ACRES (11/03/99) VALUE PRICE DATE

000510 McClure 805.4¹ $703,000 $703,000 $650,000 06/30/00

¹ 398.7 acres upland/297.7 acres submerged/109.0 acres wetland

STAFF REMARKS: The Etoniah/Cross Florida Greenway CARL project is ranked number 16 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 43,564 acres, of which 9,080 acres have been acquired or are under agreement to be acquired by the Board of Trustees. After the Board of Trustees approves this agreement, and another agreement in the Etoniah/Cross Florida Greenway project presented today, 30,801.3 acres or 71 percent of the project will remain to be acquired.

In 1966, the Canal Authority of the State of Florida acquired the right to flood land in Putnam and Marion counties as part of the Cross-Florida Barge Canal Project. The Canal Authority obtained Judgments of Condemnation, granting the state either fee simple title or perpetual flowage easements to flood private property "in connection with the construction, operation and maintenance of the Cross-Florida Barge Canal Project." In 1968, the Rodman Dam was completed and the land was flooded by the Rodman Reservoir.

In 1990, Congress and the Florida Legislature adopted related legislation to deauthorize the Cross-Florida Barge Canal and to establish the Cross Florida Greenway in its place. The Cross-Florida Barge Canal was officially deauthorized on January 22, 1991, by adoption of a Resolution by the Governor and Cabinet which agreed, on behalf of the State of Florida, to the terms of the federal deauthorization.

On October 6, 1997, Rae Miller McClure filed an inverse condemnation and trespass action against the Department of Environmental Protection (DEP) and the Board of Trustees of the Internal Improvement Trust Fund alleging that the DEP and the Board of Trustees had "taken" her property without just compensation and were continuously trespassing on her property.

In several related cases (Case Nos. 96-5099-CA, 96-5334-CA and 99-5248-CA) the Circuit Court of Putnam County has declared that the state’s flowage easement (which covers the flooded portions of McClure’s property) was extinguished and became null and void upon the deauthorization of the Barge Canal. Ms. McClure alleges that the continued flooding of her property constitutes a "taking," entitling her to just compensation. Ms. McClure also alleges that the Board of Trustees is continuously trespassing on her property, entitling her to damages. McClure may have waited too long to file her "takings" claim, and may be barred by the applicable statute of limitations, depending upon what date the Court finds this "taking" to have occurred. If McClure’s "takings" claim fails, she may still proceed against the Board of Trustees and the DEP under her trespass action, seeking damages, costs and attorney’s fees for the continued flooding of the property. If McClure can reach the merits of her inverse condemnation claim and succeed, the Board of Trustees will be liable for the value of all submerged lands together with whatever wetlands the Court determines to be flooded by the Rodman Reservoir, and McClure will be entitled to recover statutory interest from the date of the "taking," along with any severance damages, and reasonable costs and attorney’s fees. Further, if McClure succeeds in her "takings" claim, the Court would likely instruct the jury to value the land as if it were dry, resulting in a much higher price-per-acre than its appraised value when submerged. In short, the Board of Trustees’ potential liability to McClure’s claims for the flooded portion of the land could exceed the $650,000 purchase price for the entire property.

The Board of Trustees’ acquisition of fee simple title to the McClure property fulfills the intent of the legislature. In establishing the Cross Florida Greenway, the 1990 Legislature concluded that "public ownership of and access [to the lands within the former Cross-Florida Barge Canal] are necessary and desirable to protect the health, welfare, safety and quality of life of the residents of this state," and encouraged the acquisition of fee simple title to those portions of the Cross Florida Greenway held in less-than-fee title. Accordingly, section 253.781(3), F.S., states that the Board of Trustees "may acquire by purchase, exchange of other state lands, or the exercise of the power of eminent domain the fee title to lands acquired in less-than-fee title . . . using state, local or federal funds dedicated to acquiring lands for conservation and recreation."

Ms. McClure owns 805.4 acres of property in Putnam County, including 406.7 acres subject to the State of Florida’s 1966 flowage easement. The easement area includes 297.7 acres of land submerged by the Rodman Reservoir, another 109 acres of adjacent wetlands which may also be flooded by the presence of the Rodman Reservoir, and about 398.7 acres of adjacent uplands.

The 406.7 acre flowage easement area is part of an 805.4 acre tract of land owned by McClure, all of which is within the Etoniah/Cross Florida Greenway CARL project boundary. This property was identified, mapped, surveyed and appraised for purchase under the CARL program. Acquisition of McClure’s acreage will accomplish the dual objectives of acquiring lands identified for acquisition under the CARL program and settling the ongoing litigation with McClure.

Subject to Board of Trustees’ approval, the parties have agreed to the state’s purchase of 805.4 acres of McClure’s property for the purchase price of $650,000. Some of the more critical terms of the settlement agreement are: (1) purchase of fee simple title to 805.4 acres of land adjacent to the Cross Florida Greenway and the Carravelle Ranch Wildlife Management Area for the amount of $650,000, in furtherance of the legislature’s policy of acquiring fee simple title to all less-than-fee title holdings within the Cross-Florida Greenway; (2) settlement in full of the pending inverse condemnation action arising from the flooding of this property; (3) a release by McClure of the Board of Trustees and the DEP for any present and future trespass claims arising from the flooding of the property or its use as part of the Cross Florida Greenway; and (4) a release by McClure for any and all interest, costs, and attorney’s fees. This recommendation of approval is not to be construed as an admission of liability and is offered only for the purpose of negotiating a settlement of the litigation and potential litigation.

This property will be managed by the Office of Greenways and Trails as a part of the Cross Florida Greenway.

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 2, Pages 1-60)

RECOMMEND APPROVAL OF THE SETTLEMENT AGREEMENT, WHICH PROVIDES FOR THE PURCHASE OF 805.4 ACRES OF LAND

Item 3 Miller, et al. v. BOT and DEP Settlement Agreements

REQUEST: Consideration of three proposed settlement agreements to settle the case of Miller, et al. v. Board of Trustees of the Internal Improvement Trust Fund and Department of Environmental Protection, Seventh Judicial Circuit (Putnam County) Court Case No. 99-5113-CA, through the purchase of 2,877.3 acres of land in Putnam County under the CARL program.

APPLICANTS: Department of Environmental Protection, Division of State Lands, and Earl M. Miller, Jr., Joe C. Miller, II, Judith G. Shine, Douglas M. Miller and Barbara L. Miller

COUNTY: Putnam

CONSIDERATION: $2,493,115

APPRAISED BY

REVIEW Goodman Benson APPROVED PURCHASE

NO. PARCEL ACRES (11/02/99) (07/22/99) VALUE PRICE

000507 Miller (common) 272.0¹ $ 67,000 $ 65,000 $ 67,000 $ 67,000

000508 D. Miller 1245.1² $1,174,000 $1,105,000 $1,174,000 $1,169,000

000509 E. Miller 1360.2³ $1,260,000 $1,225,000 $1,260,000 $1,257,115

2877.3 $2,501,000 $2,493,115

¹ 8.0 acres upland/264.0 acres submerged

² 1175.2 acres upland/69.9 acres wetland

³ 823.1 acres upland/537.1 acres wetland

The Millers are the fee title owners of property that was subject to the state’s flowage easement. On June 28, 1996, the Millers filed an inverse condemnation lawsuit alleging that the Board of Trustees and the Department of Environmental Protection (DEP) had "taken their property without just compensation." The Millers alleged that the state’s flowage easement had terminated with the deauthorization of the Barge Canal, and that the continued flooding of their property constituted a "taking" for which just compensation was owed. On May 5, 1997, the Circuit Court for Putnam County, Florida held that the flowage easement over the Millers’ property had been terminated, extinguished, and was otherwise null and void due to the Canal’s deauthorization. However, the Circuit Court also ruled that the Millers had waited too long to file their "takings" claim, and that the claim was barred by the statute of limitations. In response, the Millers filed a new lawsuit on April 26, 1999, alleging that the flooding of their property constitutes a continuing trespass. The Millers seek unspecified damages.

Acquisition of fee simple title to the Miller property fulfills the intent of the legislature. In establishing the Cross Florida Greenway, the 1990 Legislature concluded that "public ownership of and access [to the lands within the former Cross-Florida Barge Canal] are necessary and desirable to protect the health, welfare, safety and quality of life of the residents of this state," and encouraged the acquisition of fee simple title to those portions of the Cross Florida Greenway held in less-than-fee title. Accordingly, section 253.781(3), F.S., states that the Board of Trustees "may acquire by purchase, exchange of other state lands, or the exercise of the power of eminent domain the fee title to lands acquired in less-than-fee title . . . using state, local or federal funds dedicated to acquiring lands for conservation and recreation."

The Millers commonly own a 272-acre parcel of land located in Putnam County, including 264.2 acres of land flooded by the Reservoir. Douglas and Barbara Miller own approximately 1,245 acres of land in Putnam County adjacent to the Rodman Reservoir and within the Etoniah/Cross Florida Greenway CARL project boundary. This property consists entirely of uplands and lakefront property. Earl Miller owns approximately 1,360 acres of land in Putnam County adjacent to the Rodman Reservoir and within the CARL boundary. Earl Miller’s property includes 537 acres of jurisdictional wetlands and 823 acres of uplands and lakefront property.

This property was identified, mapped, surveyed and appraised for purchase under the CARL program. Acquisition of the Miller property will accomplish the multiple objectives of acquiring lands identified for acquisition under the CARL program, settling the ongoing litigation with the Millers, and fulfilling the legislature’s directive to acquire fee simple title to less-than-fee holdings within the original Cross-Florida Barge Canal lands.

Subject to Board of Trustees’ approval, the parties have agreed to the state’s purchase of approximately 2,877 acres of the Millers’ property for a total purchase price of $2,493,115. This settlement is encapsulated in three separate agreements for each of the three distinct ownerships being acquired to settle this lawsuit. The common parcel (272 acres) is being purchased for $67,000. Douglas and Barbara Miller and Earl Miller have also agreed to sell their property within the CARL project as part of this settlement. The purchase price of the Douglas and Barbara Miller property (1,245 acres) is $1,169,000. The purchase price of the Earl Miller property (1,360 acres) is $1,257,115.

Some of the more critical terms of these settlement agreements are: (1) purchase of fee simple title to 2,877 acres of land adjacent to and underneath the Rodman Reservoir, the Cross Florida Greenway and the Carravelle Ranch Wildlife Management Area for the total purchase price of $2,493,115, in furtherance of the legislature’s policy of acquiring fee simple title to all less-than-fee title holdings within the Cross-Florida Greenway; (2) settlement in full of the pending trespass action arising from the flooding of this property; (3) a release by the Millers of the Board of Trustees, the DEP and the State of Florida for any present and future claims arising from, or relating to, the flooding of the property or its use as part of the Cross Florida Greenway; and (4) a release by the Millers for any and all interest, costs, and attorneys fees. This recommendation of approval is not to be construed as an admission of liability and is offered only for the purpose of negotiating a settlement of the current and potential litigation. The purchase price also remains subject to adjustment based upon a final acreage calculation and an updated, certified timber cruise of the Earl Miller and Douglas Miller properties.

This property will be managed by the Office of Greenways and Trails as a part of the Cross Florida Greenway.

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 3, Pages 1-84)

RECOMMEND APPROVAL OF THREE SETTLEMENT AGREEMENTS, WHICH PROVIDE FOR THE PURCHASE OF 2,877.3 ACRES OF LAND

Item 4 TNC Assignment of Option Agreement (Fleming)/Perdido Pitcher Plant Prairie CARL Project

REQUEST: Consideration of the acceptance of an assignment of option agreement to acquire 158.7 acres within the Perdido Pitcher Plant Prairie CARL project from The Nature Conservancy, Inc.

COUNTY: Escambia

LOCATION: Section 28, Township 02 South, Range 31 West

CONSIDERATION: $535,946.72 ($520,536 for the acquisition; $15,410.72 for the purchase of the option agreement)

APPRAISED BY SELLER’S TRUSTEES’

REVIEW Nolan Rogers APPROVED PURCHASE PURCHASE OPTION

NO. PARCEL ACRES (4/12/99) (4/12/99) VALUE PRICE PRICE DATE

000503 Fleming 158.7 $548,000 $500,000 $548,000 * $520,536 06/30/00

* The sellers have owned the property for more than five years.

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’ (DSL) Land Acquisition Workplan. This project contains 6,885 acres, of which 2,762.50 acres have been acquired. After the Board of Trustees approves this agreement, 3,963.80 acres or 58 percent of the project will remain to be acquired.

Pursuant to a multi-party acquisition agreement entered into between the DSL and The Nature Conservancy, Inc. (TNC), TNC has acquired an option to purchase this parcel from William T., Phyllis, J.W., and Joseph Z. Fleming. After this acquisition is approved, the Board of Trustees will acquire the option from TNC for $15,410.72, 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 owner. 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 entire property is encumbered by a mineral right and royalty transfer, dated February 5, 1947, to W.D. Davis. 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, DEP staff will review, evaluate and implement the most appropriate resolution for this and any other title issues that arise 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. The seller shall reimburse 50 percent of the cost of the survey, not to exceed $10,000.

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.

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

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 4, Pages 1-32)

RECOMMEND APPROVAL

Item 5 Galin, Inc., Option Agreement/Save Our Everglades (Hole in the Donut) CARL Project

REQUEST: Consideration of an option agreement to acquire 109.6 acres within the Save Our Everglades (Hole In The Donut) CARL project from Galin, Inc.

COUNTY: Collier

LOCATION: Sections 21 and 28, Township 50 South, Range 28 East

CONSIDERATION: $276,192

APPRAISED BY SELLER’S TRUSTEES’

REVIEW PARCEL/ Hettema APPROVED PURCHASE PURCHASE OPTION

NO. OWNER ACRES (01/12/99) VALUE PRICE PRICE DATE

000502 Galin Inc. 109.6* $ 660,000 $276,192** *** $276,192 150 days after

BOT approval

* Originally 261.06 acres were appraised. The seller sold 151.46 acres to other buyers under contracts for deed.

** The approved value was revised on January 5, 2000, due to the decreased acreage.

*** In 1997, the owner sold 100 of the 109.6 acres for $200,000 under contract for deed. In 1998, he regained the property

by foreclosure. The price of the other 9.6 acres is unknown.

STAFF REMARKS: The Save Our Everglades CARL project is ranked number 4 on the CARL Mega-Multiparcels 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 222,691 acres, of which 201,477.65 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 21,103.75 acres or nine percent of the project will remain to be acquired.

This property is being acquired utilizing Federal acquisition procedures as a condition of the award of a $25 million Farm Bill grant from the U.S. Department of Interior to the Department of Environmental Protection (DEP) for the purchase of lands within the Save Our Everglades (Hole In The Donut) CARL project.

All mortgages and liens will be satisfied at the time of closing. On June 22, 1999, the Board of Trustees approved a staff recommendation to delegate to the 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, DEP staff will review, evaluate and implement the most appropriate resolution for any title issues that arise 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.

West of the huge sawgrass marsh of the central Everglades spreads a landscape of cypress swamps, marshes, slash-pine flatwoods, and tropical hammocks, through which water slowly flows to the mangrove swamps of the Ten Thousand Islands. Public acquisition of the Save Our Everglades CARL project will conserve three large pieces of this landscape, connecting and extending existing conservation lands, helping to save the last of the Florida panthers and a host of other rare animals and tropical plants, preserving the flow of water to the rich estuaries of the Gulf coast, and allowing the public to enjoy this unique landscape for years to come.

The property will be managed by the Department of Agriculture and Consumer Services, Division of Forestry as a part of the Picayune Strand State Forest.

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 5, Pages 1-32)

RECOMMEND APPROVAL

Item 6 Shacklette Option Agreement/DOC/Avon Park Correctional Institution

REQUEST: Consideration of an option agreement to acquire 80 acres for the benefit of the Florida Department of Corrections from Francis Lewis Shacklette, Trustee, et al.

COUNTY: Highlands

APPLICANT: Florida Department of Corrections

LOCATION: Section 16, Township 33 South, Range 29 East

CONSIDERATION: $160,000

APPRAISED BY SELLER’S TRUSTEES’

REVIEW Dohring-Hicks APPROVED PURCHASE PURCHASE OPTION

NO. PARCEL ACRES (06/21/99) VALUE PRICE PRICE DATE

000501 Shacklette 80 $160,000 $160,000 Inherited $160,000 150 days after

BOT approval

STAFF REMARKS: This acquisition was negotiated by the Florida Department of Corrections (DOC). Funds were appropriated by the 1994-1995 Florida Legislature and are still available.

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 survey and a title insurance policy will be provided by the DOC prior to closing. A Phase I environmental site assessment, provided by the DOC, indicated some dumping of potentially hazardous materials or petroleum products on the property. Therefore, a Phase II assessment was performed on the property. Three pesticides and three heavy metals were noted in the soil and groundwater testing results. However, the results were below the minimum limits established by the Florida Department of Environmental Protection as requiring cleanup.

This property will be managed by the DOC and will be used to construct two seven-acre to nine-acre percolation ponds for the use and benefit of the Avon Park Correctional Institution.

This acquisition is consistent with section 187.201(07), F.S., the Public Safety section of the State Comprehensive Plan.

(See Attachment 6, Pages 1-21)

RECOMMEND APPROVAL

Item 7 BOR/UF-IFAS/Ritchie Bros. Properties, Inc./Bid Acceptance/Land Sale

WITHDRAWN FROM THE FEBRUARY 22, 2000 AGENDA

REQUEST: (1) Consideration of 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 a bid submitted by Ritchie Bros. Properties Inc., in the amount of $4,500,000.

COUNTY: Polk

Deed No. 30456

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 the 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 the University of Florida and the IFAS determined that it was in their best interest to relocate the research center. On November 1, 1990, the Florida Board of Regents approved the recommendation to sell the subject property.

State agencies and the county were duly notified of the availability of the property. The Florida Department of Transportation (DOT) has requested to purchase five acres, more or less, of the property for the purpose of the I-4/US 27 interchange improvements. The DSL staff has notified the IFAS of the request by DOT.

In September 1999, the 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., in 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 7, Pages 1-30)

RECOMMEND APPROVAL TO SELL THE PROPERTY TO RITCHIE BROS. PROPERTIES INC., LESS AND EXCEPT THAT PORTION OF RIGHT-OF-WAY REQUIRED BY THE DOT CONSISTING OF FIVE ACRES, MORE OR LESS, FOR THE PURPOSE OF I-4/US 27 INTERCHANGE IMPROVEMENTS, AND REDUCE THE PURCHASE PRICE BY THE PRORATED AMOUNT

Item 8 Agreement for Establishment of Boundary/Department of Agriculture and Consumer Services, Division of Forestry/Blackwater River State Forest

REQUEST: Consideration of a request for approval of an Agreement for Establishment of Boundary affecting 2.05 acres of state-owned land in Santa Rosa County managed by the Department of Agriculture and Consumer Services, Division of Forestry, as part of the Blackwater River State Forest.

COUNTY: Santa Rosa

Lease Number 3686

APPLICANT: Department of Agriculture and Consumer Services, Division of Forestry

LOCATION: Section 24, Township 04 North, Range 26 West

STAFF REMARKS: The Board of Trustees acquired the Blackwater River State Forest from the federal government in the 1950’s. The deed from the federal government restricts use of the land for public purposes. The Department of Agriculture and Consumer Services, Division of Forestry (Forestry), currently manages the state forest under Board of Trustees’ Lease Number 3686. No survey of the state forest was obtained at the time of acquisition.

The lands acquired from the federal government include the southeast corner of the northwest quarter of Section 24, Township 04 North, Range 26 West, which is completely surrounded by privately-owned land. Forestry has been trying to resolve a boundary dispute with the landowners to the west (Evers) and to the north (Atkins) of these lands since the 1980’s. Since the state forest was not surveyed at the time of acquisition, the Department of Natural Resources, predecessor to the Department of Environmental Protection (DEP), contracted for a survey of the disputed quarter section in 1984. The survey showed that (1) the Evers and Atkins were both farming a portion of the state forest; (2) a portion of slash pine plantation was planted on the Evers’ property; and (3) there are discrepancies with the 1825 plat notes. The landowners also questioned the establishment of the southeast corner.

Over the years, corner markers located on the state property were destroyed and subsequently replaced numerous times. Attempts to settle the boundary line matter were unsuccessful. In 1993, Forestry filed suit in Circuit Court to clear title to the property. On November 8, 1993, the Circuit Court rendered a judgement in favor of the state. However, the private landowners appealed the decision in the First District Court of Appeal (DCA). On May 9, 1995, the DCA reversed the lower court decision, finding that the lower court had entered a judgement prematurely because issues of material fact were still in dispute. These issues include a dispute as to the validity of the 1984 survey; whether an agreement between the previous landowner and the adjacent property owners is valid; and whether the state would be held to a boundary established via acquiescence. The parties have now tentatively entered into an agreement that will save the state the time and expense of a protracted lawsuit. The agreement, which is subject to all necessary governmental approvals, is entitled "Agreement for Establishment of Boundary." A 1996 resurvey of the site contracted by the DEP’s Division of State Lands, indicated an area of 38.48 acres of Board of Trustees’ land, with an encroachment by occupation of 3.8 acres. A revised 1999 survey based upon the boundary compromise, indicates an area of 36.43 acres for the Board of Trustees, with the difference of 2.05 acres going to the adjacent landowners. The proposed agreement takes into consideration the possibility of an adverse decision by a Santa Rosa County jury on disputed issues of material fact which may cause the Circuit Court to adjust the state property lines on the northern and western boundaries to coincide with the old fence lines, or absent such a finding, adjust the boundaries using a legal rule of proportionality because of the resurvey discrepancies with the 1825 plat field notes.

The agreement also resolves problems associated with Forestry’s reconstruction during the 1960’s of certain waterways that abutted the state forest property. The reconstruction was done in consultation with the United States Department of Agriculture, Soil Conservation Service, and resolved a water problem that existed over a public road in the area. The waterways move the water along the western boundary of the state land and along and over the adjacent landowners’ property. The landowners have threatened an inverse condemnation action over these waterways. While an inverse condemnation action might be barred by the statute of limitations, such legal action would have attendant costs. Waterways on the western boundary will be established as flowage easements. Resolution of the boundary serves as consideration for the easements and eliminates the possibility of an inverse condemnation suit over the waterways.

The DEP’s Office of General Counsel finds that, assuming all affected adjacent landowners are parties to the agreement, the agreement is legally sufficient. Although Forestry has negotiated the agreement to date, Board of Trustees’ approval is required as it is the fee owner of the state forest. Of the 3.8 acres of disputed land, the Board of Trustees will retain title to 1.75 acres and relinquish title to 2.05 acres. In addition, the Board of Trustees will receive an easement comprising of 4.07 acres to resolve the issue created by construction of waterways on the adjacent private lands in the 1960’s. Following Board of Trustees’ approval, Forestry legal staff will obtain all necessary approvals from the federal government. Upon approval of the agreement by the Circuit Court, the new boundaries and the easement will be established via a court order in lieu of the parties exchanging deeds.

On December 9, 1999, the Land Acquisition and Management Advisory Council recommended approval of the boundary as established by the agreement and the subsequent survey of September 27, 1999, on its consent agenda.

A consideration of the status of the local government comprehensive plan was not made for this item. DEP has determined that the proposed action is not subject to the local government planning process.

(See Attachment 8, Pages 1-25)

RECOMMEND APPROVAL

Item 9 U.S. Southern Command/Miami-Dade Fire Rescue Department/DJJ/DMS/ DOH Leases

REQUEST: Consideration of a request to approve (1) a 50-year lease to the United States Southern Command for 15 acres, more or less, of state-owned land; (2) a 50-year lease to the Miami-Dade Fire Rescue Department for 55 acres, more or less, of state-owned land; (3) a 50-year lease to the Florida Department of Juvenile Justice for 25 acres, more or less, of state-owned land; (4) a 50-year lease to the Department of Management Services for five acres, more or less, of state-owned land; and (5) a 50-year lease to the Florida Department of Health for 15 acres, more or less, of state-owned land.

COUNTY: Miami-Dade

APPLICANTS: United States Southern Command, Miami-Dade Fire Rescue Department, Florida Department of Juvenile Justice, Florida Department of Management Services, and Florida Department of Health

LOCATION: Section 28, Township 53 South, Range 40 East

STAFF REMARKS: The Department of Environmental Protection (DEP), Division of State Lands (DSL), has received multiple requests from governmental agencies to lease a 70.12-acre parcel of state-owned land in Dade County. The property is located in an unincorporated section of western Miami-Dade County, five miles west of the Miami International Airport, and is commonly referred to as the FAA Tract. The FAA Tract was originally acquired from the federal government by the 1903 Gainesville Patent. In June 1987, the Board of Trustees considered an exchange of the property to acquire lands in Lee County within the Estero Bay Aquatic Preserve Buffer CARL project. The Board of Trustees rejected the exchange and directed that the lands be competitively bid. On December 15, 1987, the Board of Trustees rejected two bids received for the property, as well as requests by the Department of Law Enforcement and Dade County to each lease 10 acres of the parcel. No other proposals for use or sale of the property have been presented to the Board of Trustees since that time. In the late 1980’s and early 1990’s, market research indicated that there had been over-building of speculative office and warehouse space in the area. Therefore, marketing of the state property for sale was not feasible. Since then, the market has greatly improved. The DSL routinely receives calls from private individuals expressing an interest in the property.

On December 8, 1998, the Board of Trustees received a request from the United States Southern Command (Southcom) that it (1) not take any action for a period of one year to lease or sell the FAA Tract until a determination was made by Congress regarding the relocation of Southcom headquarters to another state; and (2) express a willingness to consider Southcom’s proposals for the use of the FAA Tract should Congress decide that Southcom will remain in Miami. Southcom relocated to Miami from the country of Panama in September 1997. The move was required under the 1977 Panama Canal Treaty requiring the removal of U.S. troops from Panama by the end of 1999. In 1995, a site in western Miami-Dade County was chosen from over 126 other locations by the Department of Defense for the headquarters of Southcom. The FAA Tract abuts the western border of these existing headquarters and would support Southcom’s long term goals.

The Board of Trustees approved Southcom’s request. The Department of Defense placed $26.7 million in the President’s fiscal year 1999 budget to purchase Southcom’s existing headquarters. Congress subsequently removed the $26.7 million, and the Secretary of Defense was directed to report by January 15, 1999, on plans for acquisition of the existing headquarters, as well as on the consideration of relocation of the headquarters to an existing military installation. The existing headquarters are currently under lease from private individuals. That report confirmed that purchase of the existing headquarters was a smart business practice and the most effective long-term solution. However, the report also stated that further study of all options necessary to validate its observations would continue through fiscal year 1999 and the Department of Defense would address the land acquisition issue in an upcoming budget year. Although a final decision has not been made regarding the purchase of its existing headquarters, Southcom is prepared to move forward with a request for a long-term lease of the easternmost 15 acres of the FAA Tract.

At the same time the DSL received Southcom’s request, the Miami-Dade Fire Rescue Department (FRD) submitted a request for the remaining 55 acres of the FAA Tract. Pursuant to section 18-2.019(5), F.A.C., before a parcel of land is offered for lease to a local or federal unit of government, it shall first be offered to state agencies. During the course of noticing the state agencies, the Department of Juvenile Justice (DJJ) responded with a request for approximately 25 acres of the land sought by the FRD. The FRD had hoped to locate its warehouse and training facilities on the lands requested by the DJJ for the purpose of separating them from residential areas to the west of the property. The FRD would still like to obtain the entire 55 acres.

The Department of Management Services (DMS) and Department of Health (DOH) also responded to the state agency notice. The DMS has requested an unspecified five-acre parcel for a communications tower and regional control building, and the DOH has requested 15 acres for the purpose of relocating its county health department. The existing DOH facility is aging, provides inadequate space to meet state program needs, is costly to maintain and extremely energy inefficient. If able to relocate its operations to a new centrally located site, the DOH estimates that, at a minimum, $930,248 of its annual costs could be returned to the provision of direct services.

Although the DSL has been delegated the authority to approve leases to governmental entities, requests for long-term use of the FAA Tract are considered controversial because of its history and because of its potential value in any sale or land exchange. The property was appraised at $9,925,000 in 1989. Both Southcom and the FRD are requesting that their leases be for minimum consideration. The DSL has historically granted leases to governmental entities for no consideration because of the public benefit derived from such use. Although the FAA Tract represents one of the state’s most valuable assets, Southcom indicates that its presence in the area has an estimated impact of $106 million on the local economy ($71 million in salaries for 1,270 personnel and $35 million in contracts/expenses). For this reason, the DSL staff is prepared to recommend approval of a 50-year lease to Southcom for no consideration.

Southcom has also requested that any use of the remaining 55 acres consider its security needs. Currently it has a security "buffer" of open space abutting its existing headquarters, surrounded on most sides by land and buildings controlled by federal and municipal entities. It has requested that consideration be given to uses that minimize the volume of unrestricted access for personnel. For this reason, the DSL staff recommends that the Board of Trustees approve the remaining requests in order to maintain the safe buffer of governmental use adjacent to Southcom.

The combined acreage represented by the remaining governmental agency requests exceeds the 55.12 acres available after deducting the 15 acres requested by Southcom. Pursuant to section 18-2.019(5), F.A.C., as state agencies, the DMS, DJJ and DOH would receive priority consideration in the use of the remaining acreage. After deducting the 45 acres requested by these agencies, only 10.12 acres remains for lease to the FRD. If 10 acres is not sufficient to accommodate the FRD’s needs, the land will be evaluated for future governmental needs, as well as commercial lease or disposal. Staff recommends, based on the public benefits to be derived from the governmental leases, that all of the leases be for no consideration.

Although the Board of Trustees’ past actions have focused on maximizing the state’s return on the FAA Tract, either through a sale or exchange of the property, the DEP staff is prepared to recommend leasing the lands to the governmental entities. Land acquisition costs in Dade County have skyrocketed and suitable vacant land for public facilities is scarce. Legislation passed during last year’s session has provided alternative acquisition funds for environmentally sensitive lands. If the Board of Trustees concurs with the DSL staff’s recommendation, the applicants will be required to submit surveys of their respective lease areas.

Landowners within 500 feet of the FAA Tract were notified pursuant to section 253.115, F.S., of the FRD and Southcom requests. State agency leases are exempt from this notice requirement. Two letters were received in response to the notice, the first from a landowner objecting to the Southcom request. The second is from the West Dade Federation of Homeowners Associations (WDFHA) objecting to the DJJ request and requesting a 30-day deferral of the Southcom and the FRD requests. The WDFHA would like more time to evaluate the impacts of these facilities on the community. The homeowners became aware of the DJJ request during a meeting with the FRD representatives to address their concerns. The DSL staff notified the landowner and the WDFHA that the DEP had elected to move forward and present the requests to the Board of Trustees on March 28, 2000, but that the item would include the WDFHA’s deferral request. The Board of Trustees would decide at that time whether to act on or defer the lease requests.

At the same time Southcom submitted its 1998 request, the law firm of Holland and Knight, representing Trammell Crow Company (TCC), expressed an interest in submitting a proposal for a land exchange involving lands in the Everglades Restoration Area or other environmentally sensitive lands. TCC recently purchased land across the street from the FAA Tract and it is still interested in acquiring the land. It would like a 60-day deferral to prepare a more specific proposal.

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 the DCA and the local government has been finalized. The Southcom and FRD leases have been determined to be consistent with the adopted plan, as amended, according to the Miami-Dade Department of Planning and Zoning. Determinations are still pending for the three state lease requests.

(See Attachment 9, Pages 1-28)

RECOMMEND APPROVAL OF (1) A 50-YEAR LEASE TO SOUTHCOM FOR 15 ACRES, MORE OR LESS, OF STATE-OWNED LAND; (2) A 50-YEAR LEASE TO THE FRD FOR 10 ACRES, MORE OR LESS, OF STATE-OWNED LAND, IF STILL DESIRED; (3) A 50-YEAR LEASE TO THE DJJ FOR 25 ACRES, MORE OR LESS, OF STATE-OWNED LAND; (4) A 50-YEAR LEASE TO THE DMS FOR FIVE ACRES, MORE OR LESS, OF STATE-OWNED LAND; AND (5) A 50-YEAR LEASE TO THE DOH FOR 15 ACRES, MORE OR LESS, OF STATE-OWNED LAND. THE THREE STATE AGENCY LEASES ARE SUBJECT TO RECEIPT BY MARCH 21, 2000, OF COMPREHENSIVE PLAN CONSISTENCY LETTERS FROM THE MIAMI-DADE DEPARTMENT OF PLANNING AND ZONING.