AGENDA

BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND

APRIL 11, 2000

Substitute Page

Item 1 Minutes

Submittal of the Minutes of the February 22, 2000 Cabinet Meeting.

RECOMMEND ACCEPTANCE

Substitute Item 2 Waterside Dock Association, Inc., Lease Modification

REQUEST: Consideration of an application for a modification of a five-year sovereignty submerged lands lease to increase the preempted area from 49,878 square feet to 60,072 square feet, more or less, for a private residential multi-slip docking facility expansion.

COUNTY: Lee

Lease No. 362479599

Application No. 36-0136341-004

APPLICANT: Waterside Dock Association, Inc.

LOCATION: Section 03, Township 47 South, Range 24 East, in Ostego Bay, Class III Outstanding Florida Waters, within the local jurisdiction of the Town of Fort Myers Beach

Aquatic Preserve: Estero Bay, Resource Protection Area 3

Manatee Area idle/slow speed/caution zone: Yes

Outstanding Florida Waters: Yes

CONSIDERATION: $21,151.37 representing: (1) $7,408.01 as the initial lease fee computed at the base rate of $0.1183 per square foot, and including the initial 25 percent surcharge payment for the additional area; (2) $3,617.85 as the one-time premium for the proposed expansion area pursuant to section 18-21.011(1)(c), F.A.C.; and (3) $10,125.51 as the one-time premium for existing Preempted Areas B and C pursuant to section 18-21.011(1)(c), F.A.C. Sales tax will be assessed, pursuant to section 212.031, F.S., if applicable. The lease fee may be adjusted based on six percent of the annual rental value, pursuant to section 18-21.011, F.A.C.

STAFF REMARKS: The lessee is proposing to expand an existing 42-slip, private residential multi-slip docking facility by enlarging the size of 28 boat slips. The docking facility consists of three separate multi-slip docks shown on the project survey as Preempted Areas A, B, and C, which are used in conjunction with an upland condominium. The proposed lease modification will increase the length of the boat slips in Preempted Area B from 38 feet to 55 feet, and in Preempted Area C from 38 feet to 60 feet, to accommodate recreational type vessels. This expansion will increase the preempted area of the existing lease by 10,194 square feet.

The initial sovereignty submerged lands lease request was approved by the Department of Environmental Protection (DEP) on October 2, 1997, pursuant to delegation of authority. The lease authorized the entire docking facility (Preempted Areas A, B, and C). However, because the U.S. Army Corps of Engineers’ (USACOE) permit required that the docking facility be constructed in two phases, to provide for its review of manatee protection programs, the lease issued by DEP limited construction to only Preempted Area A (Phase I) to allow lease fees to coincide with phasing of the facility. The lessee was required to obtain a modified lease to construct Preempted Areas B and C (Phase II), and on October 29, 1999, DEP modified the lease, under delegation of authority, to include construction of the additional docks. Preempted Area A consists of 14 boat slips and preempts 20,681 square feet; Preempted Area B consists of 20 boat slips and preempts 20,458 square feet; and Preempted Area C consists of eight boat slips and preempts 8,739 square feet.

Purchasers of units in the Waterside condominiums have the opportunity to become members of the Waterside Dock Association, Inc., which is a corporation created by the developer of the Waterside condominiums to manage the docking facility. The corporation owns the riparian upland property and the dock structures. It is currently controlled by the developer, and control will be transferred to the condominium unit purchasers after the unit purchasers constitute a majority of the association membership. Unit purchasers desiring to obtain use of a wetslip purchase a 1/42 share (based on the 42 wetslips) in the Waterside Dock Cooperative, Inc. Purchase of a 1/42 share provides the purchaser the exclusive use of a wetslip. The recorded Declaration of Covenants and Restrictions for the cooperative clearly states that the docking facility is located on sovereignty submerged lands, and that the purchaser does not obtain any ownership of or prescriptive easement on sovereignty submerged lands. The purchase agreement for each wetslip also states that use of each slip is subject to renewal of the lease by the Board of Trustees, and if the lease is not renewed, use of the slip terminates. Although membership in the cooperative is open to all purchasers of units within the Bay Beach Development of Regional Impact, the developer markets the wetslips exclusively to purchasers of units in the Waterside condominiums adjacent to the property owned by Waterside Dock Association, Inc. Two condominium buildings have been completed, a third is under construction, and a fourth is contemplated for future construction.

Section 18-21.011(1)(c), F.A.C., requires assessment of a one-time premium payment for ownership-oriented docking facilities with greater than ten wetslips. The rule does not apply to: docking facilities built before the effective date of section 18-21.011(1)(c), F.A.C., in which the developers of the facility no longer have any interest in the facility and where the facility has been assigned to a homeowners association or other association made up exclusively of the residents of the development; or to new lease applicants that are homeowners associations or other associations, made up exclusively of the residents of the development. The lessee paid the one- time premium for Phase I. However, when the lease modification for Phase II was issued by DEP, staff did not assess the one-time premium because of an erroneous understanding that control of the dock association had been transferred from the developer to the unit owners. Staff only recently learned that the dock association is not yet made up exclusively of residents of the upland development. Rather, the developer still controls the dock association, and only about 20 of the 42 shares in the dock cooperative have been sold to unit owners. Therefore, the lessee does not qualify for an exemption from the one-time premium. Staff informed the lessee of this requirement, and the lessee has agreed to pay the one-time premium for the Phase II area and the proposed dock area expansion. This has been addressed as a special approval condition.

The existing docking facility is within the Estero Bay aquatic preserve; therefore, the proposed expansion must comply with the criteria of chapter 18-20, F.A.C., which includes the conservation easement requirement, the ten to one (10:1) preempted area to shoreline ratio restriction, and the public interest requirement for aquatic preserves. The proposed boat slip expansion will add 10,194 square feet to the current 49,878-square-foot lease area, for a total lease area of 60,072 square feet. To comply with the rule, 6,007 linear feet of riparian shoreline is required to be placed under conservation easement. However, as part of the previous authorization for the existing lease area (49,878 square feet) the lessee recorded a conservation easement along 6,056 linear feet of shoreline. Therefore, the lessee has already met the 10:1 preempted area to shoreline ratio criteria for the conservation easement for the expansion. The lessee will be required to record a modified conservation easement instrument showing the modified lease area for the expansion. This has been addressed as a special approval condition.

Pursuant to the 10:1 rule criteria, the lessee’s 6,056 linear feet of shoreline would limit the lessee to a maximum of 60,560 square feet of preempted sovereignty submerged lands. The lessee’s existing lease area with the proposed boat slip expansion area would total 60,072 square feet and thus would be within this threshold.

For the public interest requirement, the lessee has agreed to eradicate exotic vegetation with an acceptable herbicide along 3,000 linear feet of spoil berms within the nearby upland Estero Bay State Buffer Preserve managed by DEP. This will entail an initial application of herbicide and a one-time follow-up treatment in 90 days. DEP staff have agreed to conduct subsequent treatment as necessary to avoid future exotic infestation at the site as part of their management activities of the Buffer Preserve. DEP staff is of the opinion that the exotic plant removal on public conservation land would be in the public’s interest since: (1) it eliminates the existing exotic vegetation and seed source for future infestation on public conservation land; and (2) minimizes the need to use state resources (staff time and equipment) to eliminate exotic vegetation from that site. Therefore, DEP staff is of the opinion that this offer by the lessee meets the public interest requirement for the proposed expansion. DEP staff is also of the opinion that the public interest value of the lessee’s offer is sufficient to replace the previous public interest value of the 1,019 linear foot portion of the shoreline conservation easement that is now required by rule for the proposed expansion. Treatment of the exotic vegetation has been addressed as a special approval condition.

After the initial lease request was approved in 1997, but prior to the lessee receiving a fully executed lease, a site inspection revealed that the lessee had constructed the docking facility in Preempted Area A. The lessee paid a $7,875 administrative fine for the violation, pursuant to the administrative fine methodology adopted by the Board of Trustees on August 14, 1990, and modified on June 2, 1992. The lease was then issued by DEP and recorded by the lessee. A September 9, 1999, site inspection revealed that the lessee had constructed the docking facilities in Preempted Areas B and C, again prior to receiving and recording a modified lease. In addition, the lessee had installed tie-up cleats on the outside edge of the northernmost and southernmost finger piers of areas A, B, and C, providing mooring capability for six additional boats outside of the existing and proposed lease boundary. The lessee removed the cleats and was fined $17,500 for these violations. A modified lease was subsequently issued by DEP and recorded by the lessee.

A March 7, 2000, site inspection revealed the following: (1) handrails and "no mooring" signs had not been installed at locations required by a special lease condition; and (2) the sewage pumpout facility required by the regulatory permit allowed for temporary mooring outside of the approved lease area. DEP informed the lessee of these issues, and the lessee contacted the dock contractor to install the handrails and signs, and agreed to ensure that vessels using the sewage pumpout facility would be moored within one or more authorized boat slips. Because of the lessee’s cooperation in immediately addressing these issues, no administrative fines were assessed. Mooring for sewage pumpout will be addressed as a special lease condition. At a meeting with DEP staff on March 28, 2000, the lessee indicated that the posts for the handrails have been installed, but that the rope railings and signs have not. The lessee has committed to DEP that the rope railings and signs will be installed by April 3, 2000. DEP will verify through inspection.

A wetland resource permit (WRP) was issued by the DEP for the docking facility on February 19, 1997. The WRP was issued instead of an environmental resource permit (ERP) because the application was substantially complete prior to October 12, 1995, the effective date of the linkage rule. As such the WRP was issued separately from the authorization to use sovereignty submerged lands. The WRP was modified in September 1999, to be consistent with the proposed additional lease area. The WRP requires sewage pumpout facilities, but prohibits liveaboards and fueling facilities. The recommendations of the Florida Fish and Wildlife Conservation Commission, Bureau of Protected Species Management, have been addressed in the WRP and the existing lease. The proposed lease modification was not required to be noticed, pursuant to section 253.115(5)(i), F.S.

Lee County issued Development Order (no. 94-10-18-DRI-01) for the proposed docking facility and associated upland development on December 5, 1994. Since that approval was granted, Estero Island was incorporated into the Town of Fort Myers Beach (Town). A local government comprehensive plan consistency statement was not obtained from the Town because the Development of Regional Impact (and docking facility) was approved by Lee County prior to the Town’s incorporation.

(See Attachment 2, Pages 1-8)

RECOMMEND APPROVAL SUBJECT TO THE SPECIAL APPROVAL CONDITIONS, SPECIAL LEASE CONDITIONS, AND PAYMENT OF $21,151.37

Item 3 Blanco Purchase Agreement/SFWMD/East Everglades CARL Project

REQUEST: Consideration of authorization to acquire 100 percent interest in 14.31 acres within the East Everglades CARL project from Armando and Miriam Blanco.

COUNTY: Miami-Dade

LOCATION: Section 10, Township 52 South, Range 39 East

CONSIDERATION: $286,000

STAFF REMARKS: The East Everglades CARL project is ranked number 3 on the CARL Mega-Multiparcels Project List approved by the Board of Trustees on February 9, 1999, and is funded under the Division of State Lands’ Land Acquisition Workplan. The area known as the East Coast Buffer covers 59,088 acres. Of this, 2,189 acres will be protected by mitigation and 33,817 acres are of a lower priority, including land owned by local governments and acres that may not need to be acquired. Of the remaining 23,082 acres proposed for acquisition, 17,981.17 acres have been acquired. After the Board of Trustees approves this acquisition, 5,086.52 acres or 22 percent of the area will remain to be acquired.

The East Coast Buffer consists of approximately 59,088 acres of marshes, reservoirs, and groundwater recharge areas in Palm Beach, Broward and Dade counties. However, the most significant aspect of the East Coast Buffer is its role in restoring the Everglades. In 1992, Congress authorized the U.S. Army Corps of Engineers (COE) to conduct a restudy of the Central and Southern Florida Project. The reconnaissance report for this restudy was completed in 1994 and the COE incorporated the East Coast Buffer in its analysis, referring to the area as the "Water Preserve Areas." Further detailed study of this Everglades restoration project component has already been authorized by Congress and a final detailed plan will be prepared by September 2001. The Final Restudy Report and Programmatic Environmental Impact Statement were released on April 7, 1999, for final public review and comment. The report has received a favorable review by the Department of Environmental Protection (DEP) and other agencies and was submitted to Congress on July 1, 1999.

The purpose of the East Coast Buffer/Water Preserve Areas is to: (1) increase storage and hold more water in the system by controlling seepage from the Everglades, thus restoring more natural Everglades hydropatterns; (2) capture and store excess stormwater currently discharged to coastal waters, thus retaining an important water supply source for both urban and natural systems; (3) provide a buffer between the natural and developed areas; (4) preserve and protect wetlands outside the publicly-owned Everglades; and (5) provide important transitional land uses between the natural and developed areas. East Coast Buffer/Water Preserve Areas may also enhance flood control in areas to the east of these lands. The East Coast Buffer lands are under intense development pressure in all counties. Therefore, immediate public acquisition is needed to preserve and enhance wetlands and preserve opportunities for the restoration of the Everglades ecosystem.

To implement this restoration, during the last decade the South Florida Water Management District (District) has acquired over 16,000 acres at a cost of $119,000,000. In anticipation of the Board of Trustees’ participation in this effort, the East Coast Buffer was added to the East Everglades CARL project on March 15, 1996. District funding is now limited but the District offered to take the lead in acquiring the property on behalf of the Board of Trustees. On December 8, 1998, the Board of Trustees authorized staff to enter into an acquisition agreement to acquire various ownerships located in the East Coast Buffer portion of the East Everglades CARL project in accordance with section 259.041(16), F.S., utilizing the procedures set out in section 373.139, F.S. On June 15, 1995, the Board of Trustees approved the use of the District's procedures to allow the District to acquire lands to be held by the Board of Trustees. Since the land being acquired will be part of a federal project, federal acquisition procedures are being used.

The District has acquired an agreement for sale and purchase to purchase the Blanco parcels at 100 percent of appraised value. Pursuant to the terms of the acquisition agreement, the District shall be reimbursed for all costs associated with acquiring the property, including pre-acquisition and closing related costs. The Board of Trustees’ purchase price will be 100 percent of the contract prices negotiated by the District plus 100 percent of the cost incurred in the purchase of the property. While the appraisal indicates that the property was appraised with no access, the District confirmed that the property has legal access. The District also indicated that the appraiser was demonstrating that there is no developed or physical access, but was aware of legal access. The indicated value of the property considers legal access. The property, however, fronts a gated District canal maintenance road that the District will use for physical access. Title to the property acquired will vest in the Board of Trustees.

As provided for in the acquisition agreement, on February 10, 2000, the Governing Board of the District adopted Resolution 2000-07 requesting the Board of Trustees’ purchase price for the parcels, reimbursement of 100 percent of its pre-acquisition costs and reimbursement of 100 percent of its closing costs. Authority to approve the reimbursement of the remaining parcels in the resolution was delegated to the DEP by the Board of Trustees on June 22, 1999. 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 East Coast Buffer portion of the East Everglades CARL project will be managed by the District in conjunction with COE Everglades restoration projects. As local sponsor for the restoration projects, the District is required to hold a title interest sufficient to meet COE certification requirements. While the COE would prefer the sponsor to hold fee title, section 259.101(3)(g), F.S., states that title to lands acquired with P2000 funds under the CARL program must vest in the Board of Trustees. The acquisition agreement includes a provision whereby the Board of Trustees will convey to the District an easement consistent with section 253.034(4), F.S., for any lands acquired under this agreement that are to become part of a COE approved Everglades restoration project. DEP staff is currently working with the COE and the District to develop an easement sufficient for COE certification. The COE will require the easement to include a statement that the land interest will not be impaired during the life of the project and that the COE is granted an irrevocable right to enter the project lands for the purpose of constructing, inspecting, completing, operating, repairing, maintaining, replacing or rehabilitating the projects. In the event that the COE determines that fee title is required to meet certification requirements, statutes would need to be amended to permit entities other than the Board of Trustees to hold title to lands acquired with P2000 funds under the CARL program.

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 3, Pages 1-51)

RECOMMEND APPROVAL

Item 4 William O. Birchfield Purchase Agreement/SJRWMD/Pumpkin Hill Creek CARL Project

REQUEST: Consideration of authorization to acquire an undivided 75 percent interest with the St. Johns River Water Management District (District) in 86 acres within the Pumpkin Hill Creek CARL project from William O. Birchfield.

COUNTY: Duval

LOCATION: Section 27, Township 01 North, Range 28 East

CONSIDERATION: $220,000 (The Board of Trustees’ 50 percent share of the total purchase price of $440,000, to be adjusted upward or downward at the rate of $5,116.28 per acre in accordance with the final surveyed acreage.)

STAFF REMARKS: The Pumpkin Hill Creek CARL project is ranked number 20 on the CARL Bargain/Shared Project List, as the list appears in the 1999 Second Interim CARL Report, approved by the Board of Trustees on September 28, 1999, and qualifies for purchase under the Division of State Lands’ Land Acquisition Workplan. The project contains 6,927 acres, of which 3,720 have been acquired. After the Board of Trustees approves this agreement, 3,121 acres or 45 percent of this project will remain to be acquired.

On September 13, 1994, the Board of Trustees authorized staff to enter into an acquisition agreement with the District to acquire the Birchfield ownership located within the Pumpkin Hill Creek 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 Birchfield ownership at 93 percent of the approved value. Title to the property acquired will vest jointly, with the Board of Trustees holding an undivided 75 percent fee simple interest and the District holding an undivided 25 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. The City of Jacksonville is contributing 50 percent of the District’s share of the purchase price and the closing costs.

As provided for in the acquisition agreement, on February 9, 2000, the Governing Board of the District adopted Resolution No. 2000-03, requesting the Board of Trustees’ share of the purchase price for the Birchfield parcel, reimbursement of 50 percent of its pre-acquisition costs and reimbursement of 50 percent of its closing costs (recording, title insurance policy and survey 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 growth of the City of Jacksonville and its outlying developed areas has inevitably reduced the natural lands in Duval County to a fraction of their original extent. Public acquisition of the Pumpkin Hill Creek CARL project will protect one of the larger natural uplands left in the county, helping to maintain the water quality of the Nassau and St. Johns Rivers and their fringing marshes – the foundation of an important fishery – protecting wading bird rookeries, and giving the public in this urban area opportunities to fish, hunt, hike and canoe.

This property will be managed as part of the Pumpkin Hill Creek State Buffer Preserve by the Department of Environmental Protection’s Office of Coastal and Aquatic Managed Areas.

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 1-50)

RECOMMEND APPROVAL

Item 5 BOT/BOR/FSU/Diocese of Pensacola/Tallahassee Land Exchange

REQUEST: Consideration of an exchange agreement under which the Board of Trustees would convey a 0.93-acre parcel of Board of Trustees’ land to John H. Ricard, as Bishop of the Diocese of Pensacola/Tallahassee (Church), in exchange for a 0.21-acre parcel of land owned by the Church for the benefit of the Florida Board of Regents and Florida State University.

COUNTY: Leon

APPLICANT: Florida State University

LOCATION: Sections 35 and 36, Township 01 North, Range 01 West

CONSIDERATION: Value-for-value

APPRAISED BY

REVIEW Carlton Wright APPROVED EXCHANGE CLOSING

NO. PARCEL ACRES (03/17/99) (03/08/99) VALUE VALUE DATE

000601 BOT/123 0.93 $498,335* $363,000 $363,000 90 days after Church/103 0.21 $360,000 $363,000 $363,000 $363,000 BOT approval

*This value was based on a parcel size of 1.32-acre. The parcel size was reduced and the value adjusted.

STAFF REMARKS: This exchange was negotiated by Florida State University (FSU).

FSU submitted an application for a land exchange with St. Thomas More Catholic Church. The Board of Trustees’ parcel is located on the north side of Tennessee Street adjacent to property owned by the Church. The Board of Trustees’ parcel is a flat unimproved parcel with grass and a few trees. Because Tennessee Street is the official northern boundary of the campus, FSU is not interested in redeveloping the site. The Church’s parcel is at the corner of Macomb and Call streets. It is improved with a sixteen-unit apartment building. FSU intends to use the building for office and storage space. The parking lot will become available for student and staff parking. Located next to the FSU Fine Arts Complex, this parcel can be incorporated into future expansion needs for the Fine Arts facilities. The Church anticipates requesting further land exchanges for the remnant parcel and other additional property in the area of the parcel it is receiving.

On October 15, 1998, the Land Acquisition and Management Advisory Council voted to recommend the exchange.

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

A survey, a title insurance policy and an environmental site assessment will be provided by the Church for the Church’s parcel. FSU will reimburse the Church for the cost of the title insurance policy once the parcel has been conveyed to the Board of Trustees. FSU will provide a survey, a title insurance policy and an environmental site assessment for the Board of Trustees’ parcel.

This property will be managed by FSU as a part of the existing campus through a lease to the Florida Board of Regents.

The Department of Environmental Protection has determined that the disposition of land is not subject to the local government planning process. The acquisition of the Church’s parcel is consistent with section 187.201(01), F.S., the Education section of the State Comprehensive Plan.

(See Attachment 5, Pages 1-40)

RECOMMEND APPROVAL

Item 6 BOT/Walton County Land Disposition Determination/Exchange

REQUEST: Consideration of (1) a determination that a 4.9-acre, more or less, parcel of Board of Trustees’ land no longer needs to be preserved in furtherance of the intent of the Florida Preservation 2000 Act; (2) a determination that the 4.9-acre, more or less, parcel of Board of Trustees’ land is no longer needed for conservation purposes; (3) approval of a land exchange under which the Board of Trustees would convey the 4.9-acre parcel of Board of Trustees’ land to Walton County in exchange for a 9.92-acre parcel of land owned by Walton County; and (4) approval to waive the appraisal requirement of section 259.041(7), F.S., for the parcel to be acquired from Walton County.

COUNTY: Walton

APPLICANT: Walton County

LOCATION: Sections 31 and 32, Township 02 South, Range 19 West

CONSIDERATION: Parcel-for-parcel (The Board of Trustees will not compensate Walton County for any difference in value or any revenues derived from the removal of timber from the state-owned land.)

STAFF REMARKS: Walton County (County) submitted a request to exchange 9.92 acres of County-owned land for a 4.9-acre parcel of state-owned land located along the east side of U.S. Highway 331. The state-owned land is currently managed as part of the Point Washington State Forest by the Department of Agriculture and Consumer Services, Division of Forestry (DOF). The DOF agreed to release the property contingent on the absence of opposition from local and state conservation organizations. The Florida Wildlife Federation actively supports the exchange, while the Beach-to-Bay Connection South-Walton Coastal Conservancy has not formally objected. The County plans to build a 9,000 square-foot Emergency Operation Center (EOC) to house its helicopters and emergency vehicles. Although the County recently acquired 114 acres directly across the highway for its South Walton Government Center (formerly New Town Center), the operation of an EOC in the area poses safety concerns.

On September 2, 1999, the Land Acquisition and Management Advisory Council (LAMAC) approved the following recommendations: (1) that the state-owned parcel is no longer needed for conservation purposes pursuant to section 253.034(6), F.S.; (2) that the state-owned parcel no longer needs to be preserved in furtherance of the intent of the Preservation 2000 Act pursuant to section 259.101(6)(b), F.S.; (3) that the state receive property that is valued at least as much as that which it gives to the County; and (4) that the state retain that portion of the property needed for future road widening. The Department of Transportation (DOT) has indicated that it will need a 90-foot-wide strip for future road purposes. While this is DOT’s need, an application for easement will still need to be submitted pursuant to section 18-2, F.A.C. The 90-foot-wide strip, along with an existing right-of-way, reduces the 4.9-acre area initially requested by the County to an area that is too narrow to accommodate the County’s proposed facilities. To compensate for the loss, the exchange lands were shifted to the east by 140 feet, which in turn reduced the state-owned lands to be conveyed by a 140-foot-wide strip. As a result, the 4.9-acre parcel was reduced to 3.83 acres and the 9.92-acre parcel was reduced to 8.86 acres.

Although LAMAC recommended that the Board of Trustees receive property that is valued at least as much as that which it gives to the County, pursuant to section 253.034(6)(g), F.S., lands determined to be surplus pursuant to this subsection shall be sold for fair market value or the price paid by the state or water management district to originally acquire the lands, whichever is greater, except that the price of lands sold as surplus to any unit of government shall not exceed the price paid by the state or a water management district to originally acquire the lands. The Department of Environmental Protection (DEP), Office of General Counsel has determined that this section applies to land exchanges as well, and that lands proposed for exchange with a local government shall be valued at the price paid by the state to acquire the lands. The purchase price for the Point Washington State Forest acquisition was determined to be $249.63 per acre. Using this value, the Board of Trustees’ parcel, although fronting U.S. Highway 331, will be valued at $956, more or less, depending on the final surveyed acreage. The original 9.92-acre County-owned parcel is assessed at $11,846. For this reason, DEP staff recommends that the land exchange be parcel-for-parcel versus value-for-value provided, however, that the Board of Trustees not be required to compensate the County for any difference in value. The County’s representative at the LAMAC meeting agreed to this condition.

Pursuant to section 253.034(6)(g), F.S., a unit of government that acquires title to lands for less than fair market value may not sell or transfer title to all or any portion of the lands to any private owner for a period of ten years. Any unit of government seeking to transfer or sell lands pursuant to this paragraph shall first allow the Board of Trustees to re-acquire such lands for the price at which it sold such lands. The deed to the County will include deed restrictions to this effect.

Pursuant to section 259.041, F.S., the Board of Trustees may waive the requirement for an appraisal of the parcel to be acquired by the Board of Trustees, provided the Board of Trustees’ interest is reasonably protected. Staff recommends a waiver of an appraisal for the County-owned parcel for the following reasons: (1) assessed values are historically lower than appraised values and the assessed value is already much higher than the value placed on the Board of Trustees’ land; therefore, it is reasonable to assume that the appraised value of the County-owned parcel would be even higher; and (2) the Board of Trustees will acquire more than twice the number of acres it will convey to the County.

Pursuant to section 18-2.018(2)(b)6., F.A.C., every exchange of natural resource lands shall result in the Board of Trustees acquiring a minimum of twice the amount of acreage being conveyed out of state ownership. The proposed exchange is consistent with this requirement. Further, pursuant to Article X, Section 18 of the Florida Constitution, the Board of Trustees shall make a determination that the lands are no longer needed for conservation purposes. At its meeting on September 2, 1999, LAMAC approved a recommendation that the state-owned parcel is no longer needed for conservation purposes pursuant to section 253.034 (6)(b) F.S. DEP staff concurs with LAMAC’s recommendation.

All mortgages and liens on the parcel to be received by the Board of Trustees will be satisfied at the time of closing. Since the County will not be reserving oil, gas, phosphate or other mineral interests in the parcel it is to convey, staff recommends that the Board of Trustees, pursuant to section 253.62, F.S., not reserve oil, gas, phosphate or other mineral interests in the parcel it is to convey to the County. 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.

The property received by the Board of Trustees will be managed by the DOF as an addition to the Point Washington State Forest.

The DEP has determined that the disposition of land is not subject to the local government planning process. The acquisition of the County’s parcel is consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan.

(See Attachment 6, Pages 1-13)

RECOMMEND (1) A DETERMINATION THAT A 3.83-ACRE, MORE OR LESS, PARCEL OF BOARD OF TRUSTEES’ LAND NO LONGER NEEDS TO BE PRESERVED IN FURTHERANCE OF THE INTENT OF THE FLORIDA PRESERVATION 2000 ACT; (2) A DETERMINATION THAT THE 3.83-ACRE, MORE OR LESS, PARCEL OF BOARD OF TRUSTEES’ LAND IS NO LONGER NEEDED FOR CONSERVATION PURPOSES; (3) APPROVAL OF A LAND EXCHANGE UNDER WHICH THE BOARD OF TRUSTEES WOULD CONVEY THE 3.83-ACRE PARCEL OF BOARD OF TRUSTEES’ LAND TO WALTON COUNTY IN EXCHANGE FOR A 8.86-ACRE PARCEL OF LAND OWNED BY WALTON COUNTY; AND (4) WAIVER OF THE APPRAISAL REQUIREMENT OF SECTION 259.041(7), F.S., FOR THE PARCEL TO BE ACQUIRED FROM WALTON COUNTY

Item 7 BOT/Future Farmers of America Land Disposition Determination/Exchange

REQUEST: Consideration of (1) a determination that a 12.5-acre, more or less, parcel of Board of Trustees’ land no longer needs to be preserved in furtherance of the intent of the Florida Preservation 2000 Act; (2) a determination that the 12.5-acre, more or less, parcel of Board of Trustees’ land is no longer needed for conservation purposes; and (3) an exchange agreement under which the Board of Trustees would convey the 12.5-acre parcel of Board of Trustees’ land to the Florida Future Farmers of America (FFA) in exchange for a 25-acre parcel of land owned by the FFA.

COUNTY: Polk

LOCATION: Sections 10 and 14, Township 29 South, Range 28 East

CONSIDERATION: Value-for-value [The Department of Environmental Protection, Division of Recreation and Parks (DRP) will compensate the FFA for any difference in value.]

STAFF REMARKS: The FFA has requested an exchange of 25 acres of FFA-owned land for a 12.5-acre parcel of state-owned land located on the periphery of the Catfish Creek CARL project. The state-owned land is currently managed as part of the Allen David Brussard Catfish Creek State Preserve by the DRP. The FFA wants to acquire the state-owned parcel to fulfill a development need at its Florida Leadership Training Center that is adjacent to the preserve. The FFA has conditioned the exchange on it being a value-for-value transaction.

The DRP has reviewed the proposed exchange and feels it would create a net preservation benefit for the preserve. The configuration of the state parcel was designed to minimize the loss of important resources and potential impacts on other resources within the preserve. The state parcel contains predominately high quality scrubby flatwoods and scrub/xeric hammock. The FFA parcel contains a greater diversity of natural communities, which are also in high quality condition and include an important transition zone along Lake Pierce that presently does not exist within the preserve. It also includes over 1,200 feet of shoreline on Lake Pierce which have the potential of providing water related recreational opportunities that are not now offered at the preserve.

On December 9, 1999, the Land Acquisition and Management Advisory Council (LAMAC) approved the following recommendations: (1) that the state-owned parcel is no longer needed for conservation purposes pursuant to section 253.034(6), F.S.; (2) that the state-owned parcel no longer needs to be preserved in furtherance of the intent of the Preservation 2000 Act pursuant to section 259.101(6)(b), F.S.; (3) that the state will receive property that is of greater resource value than that proposed for transfer; and (4) that the 25-acre parcel that the state will receive contains diverse natural communities and would provide a transition zone from xeric uplands to the floodplain along Lake Pierce, as well as 1,200 feet of shoreline.

The DRP has conditioned the exchange on the FFA allowing access to the preserve by managers and staff of the preserve across the state-owned land to be exchanged. The FFA acknowledges the resource management needs of periodic prescribed burning the surrounding state properties and holds the state harmless to any affects due to the smoke caused by this resource practice. The FFA agrees to cooperate with the DRP in the establishment of a prescribed burn and fire suppression strategy. The FFA agrees to locate any future water treatment system placed on the state-owned land that is being transferred to the FFA as far from the preserve as feasible in order to best protect the water quality of Catfish Creek and the preserve.

Pursuant to section 18-2.018(3)(b)7., F.A.C., every exchange of natural resource lands shall result in the Board of Trustees acquiring a minimum of twice the amount of acreage being conveyed out of state ownership. The proposed exchange is consistent with this requirement. This exchange and acquisition of the FFA parcel will be in compliance with section 259.041, F.S. If the appraised value of the FFA (25-acre) parcel is more than that of the state-owned (12.5-acre) parcel, the DRP will pay any difference in the appraised value, in accordance with section 253.42, F.S. Further, pursuant to Article X, Section 18 of the Florida Constitution, the Board of Trustees shall make a determination that the property is no longer needed for conservation purposes.

All mortgages and liens on the parcel to be received by the Board of Trustees will be satisfied at the time of closing. The Board of Trustees will reserve the oil, gas and mineral rights on the parcel it is conveying to the FFA. The FFA will not reserve the oil, gas and mineral rights on the parcel it is conveying to the Board of Trustees. 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 any title issues that arise prior to closing.

Each party will bear the costs of the title insurance policies, surveys, appraisals, environmental site evaluations, and if necessary, environmental site assessments for their respective parcels. FFA may terminate the agreement if they object to the cost of the appraisal for their parcel.

The high, sandy Lake Wales Ridge, stretching south from near Orlando almost to Lake Okeechobee, was originally covered with a mosaic of scrub, flatwoods, wetlands, and lakes. The scrub is unique in the world-it is inhabited by many plants and animals found nowhere else-but it has almost completely been converted to citrus groves and housing developments. Public acquisition of the Catfish Creek CARL project, with its scrub ridges overlooking the nearly pristine shore of Lake Pierce, will protect an especially scenic example of Lake Wales Ridge scrub and its associated ecosystems and allow the public to enjoy camping, fishing, and swimming in this unique and beautiful natural area. It will also protect an important archaeological site on Lake Pierce.

The property will be managed by the DRP as a part of the Allen David Broussard Catfish Creek State Preserve.

The DEP has determined that the disposition of land is not subject to the local government planning process. The acquisition of the FFA parcel is consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan.

(See Attachment 7, Pages 1-19)

RECOMMEND APPROVAL

Substitute Item 8 Harold W. Korb Easement/Marion County

REQUEST: Consideration of a request to issue a perpetual, non-exclusive easement, containing 0.36 acre, more or less, to Harold W. Korb for ingress, egress and the installation and maintenance of utilities.

COUNTY: Marion

Easement Number 30574

APPLICANT: Harold W. Korb

LOCATION: Section 36, Township 16 South, Range 18 East

CONSIDERATION: $500, to be deposited in the Internal Improvement Trust Fund

STAFF REMARKS: The Department of Environmental Protection, Office of Greenways and Trails (OGT) currently manages the Cross Florida Greenway under Board of Trustees’ Lease Number 4013. Harold W. Korb owns land abutting the Greenway lands and is landlocked. He is requesting a 20-foot easement to secure access and install utilities to his property. The proposed easement will be located along an existing dirt road. The OGT has reviewed the request and is in favor of granting the easement since it will follow the same route as an easement granted by the Board of Trustees to Bob Rogers in June 1999. Although a portion of the proposed easement parallels a second existing easement located immediately to the west, that easement is not developed and traverses environmentally sensitive lands.

Pursuant to section 704.01(2), F.S., a statutory way of necessity exists when any land is shut off or hemmed in so that no practicable route of ingress or egress is available to the nearest public or private road. The owner may lawfully use and maintain an easement for persons, vehicles, stock, utility service, etc., over, under, through, and upon the lands which provide the nearest practical route between the hemmed-in lands and nearest public or private road. Although there has been no judicial determination that the applicant is entitled to a statutory way of necessity under the provisions of section 704.01(2), F.S., the Department of Environmental Protection’s legal staff has reviewed this matter and it appears that the applicant’s property meets the criteria for a statutory way of necessity.

The value of the easement on January 13, 2000, as appraised by Hugh E. Tolle, MSA, State Certified General Appraiser, was $500.

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 proposed action is consistent with the adopted plan as amended according to the City of Dunnellon.

(See Attachment 8, Pages 1-14)

RECOMMEND APPROVAL

Substitute Item 9 BOR/UF-IFAS/Ritchie Bros. Properties Inc./Bid Acceptance/Land Sale

DEFERRED FROM THE MARCH 28, 2000 AGENDA

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.

While only one appraisal is required, in early 1999, Division of State Lands (DSL) staff in error requested that IFAS obtain two appraisals on the property. IFAS submitted both appraisals to the DSL for review. One appraisal conducted by Stanley B. Reed, MAI, State Certified General Appraiser, indicated an appraised value of $4,070,000. The second appraisal with a value of $5,400,000, was conducted by William R. Brakora, MAI, State Certified General Appraiser. Both appraisals have been reviewed by the Bureau of Appraisal and conform to the Uniform Standards of Professional Appraisal Practice and have been determined to be acceptable. Because of the divergence in value between the appraisal report, the DSL staff requested that each appraiser review the other's data to determine if there were any discrepancies in either report. Both appraisers agreed that each value is accurate and the two appraisals effectively create a value range, although different comparable sales were used. The lower value is based on the appraiser's opinion of the stagnant market conditions at the immediate interchange area and the configuration of the property relative to the interchange. The higher value is based on the appraiser's opinion that the site has a greater potential because of its location at a major interchange. Both values indicated by the appraisers reflect a twelve-month marketing period.

Upon receipt of the two appraisals, DSL staff further advised IFAS that only one appraisal would be required in the disposition of property pursuant to section 18-2, F.A.C. Due to unsuccessful past efforts to sell the property, staff elected to use the $4,070,000 appraisal (Reed appraisal) to market the property. IFAS first advertised the property for sale in 1992 and no bids were received. The advertisements were published four times during July in the Orlando Sentinel and Lakeland Ledger. In 1999, based on the Reed appraisal, IFAS again advertised the property for sale. To generate interest in the property, advertisements were published every day for one week during August 18, 1999, through September 1, 1999. It was also published in the Wallstreet Journal once. Bid advertisements were published once a week for two weeks during September 29, 1999, through October 10, 1999, and published once in the Wallstreet Journal. The bid opening occurred on December 7, 1999, with only one bid received from Ritchie Bros. in the amount of $4,500,000. This bid is within the range of appraised values from $4,070,000 to $5,400,000.

The DSL staff presents the following options for consideration by the Board of Trustees:

1. Accept the current bid of $4,500,000.

Pros: (a) There is a willing buyer; (b) the money received from the sale will enable the University of Florida to proceed in their efforts to relocate and construct a new agricultural research facility; (c) past efforts have produced little interest, and only one bid on the property; and (d) no additional cost to the state or delays would be incurred in trying to market and sell the property.

Cons: The question will remain unanswered as to whether an offer at the higher appraised amount would have been received if the sale had been based on the higher appraised value.

2. Rebid the property based on the higher appraised value.

Pros: Aggressive marketing of the property to include the international market may bring in a higher offer.

Cons: (a) Higher costs to market the property; (b) the timeline to effectively market the property, receive the bids, and prepare the contract could be as long as twelve months or more; (c) there is the possibility that no bids will be received; and (d) the current buyer would be lost.

State agencies and the county were duly notified of the availability of the property. The Florida Department of Transportation (DOT) has requested to purchase approximately 4.8 acres 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. The IFAS and Ritchie Bros. Properties Inc., have agreed to less out approximately 4.8 acres from the original contract for sale and purchase in order for IFAS to sell approximately 4.8 acres to DOT. The DOT has been notified of the above agreement and has agreed to pay IFAS full compensation as established by market value for approximately 4.8 acres.

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.

DSL staff maintains both options comply with all rules and statutes governing disposition of state-owned lands; however, although an element of risk will be involved, it is appropriate to rebid the property based on the higher appraised value.

(See Attachment 9, Pages 1-55)

RECOMMEND REBID THE PROPERTY AT THE HIGHER APPRAISED VALUE IN ORDER TO OBTAIN THE HIGHEST VALUE FOR THE BOARD OF TRUSTEES LESS THAT PORTION OF THE PROPERTY REQUIRED BY DOT.

Substitute Item 10 U.S. Southern Command/Miami-Dade Fire Rescue Department/ DJJ/DMS Leases

DEFERRED FROM THE MARCH 28, 2000 AGENDA

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; and (4) a 50-year lease to the Department of Management Services for five 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, and Florida Department of Management Services

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 Miami-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 Miami-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) also responded to the state agency notice. The DMS has requested an unspecified five-acre parcel for a communications tower and regional control building.

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 and DJJ would receive priority consideration in the use of the remaining acreage. After deducting the 30 acres requested by these agencies, only 25.12 acres remains for lease to the FRD. If 25.12 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, DEP staff is prepared to recommend leasing the lands to the governmental entities. Land acquisition costs in Miami-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. A number of letters and petitions have been received objecting to the DJJ request. Copies have been forwarded to the Attorney General’s Office for review. Area residents and business owners became aware of the DJJ request during a meeting with the FRD representatives to address their concerns.

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, FRD and DJJ leases have been determined to be consistent with the adopted plan, as amended, according to the Miami-Dade Department of Planning and Zoning. A determination is still pending for the DMS lease request.

(See Attachment 10, Pages 1-26)

RECOMMEND (1) APPROVAL OF A 50-YEAR LEASE TO SOUTHCOM FOR 15 ACRES, MORE OR LESS, OF STATE-OWNED LAND; AND (2) DEFFERAL OF THE REMAINING REQUESTS UNTIL JUNE 13, 2000.