The Governor and Cabinet - Florida Department of State

Submittal of the Minutes from the November 16, 2000, November 29, 2000, and December 12, 2000 Cabinet Meetings.

REQUEST:Consideration of a request to convey the Adelaide Sanchez House in St. Johns County to the city of St. Augustine.

STAFF REMARKS: The Division of State Lands has received a request from the Department of State to convey the Adelaide Sanchez House in St. Johns County to the city of St. Augustine (City). The house will be offered for sale, and the proceeds used to establish an annual award/scholarship to be known as the Adelaide Sanchez Award, in accordance with the terms of the will of Adelaide Sanchez.

Upon the death of Adelaide Sanchez in 1994, she willed her place of residence to the Historic St. Augustine Preservation Board (Board) associated with the Department of State. In 1997, the Florida Legislature abolished the five Historic Preservation Boards. On August 8, 1997, an agreement was signed between the Department of State and the City, whereby the City would manage the real properties previously managed by the Board. The City has requested the Sanchez House be conveyed to them to sell in order to use the proceeds for the public purpose that is designated in the Last Will and Testament of Adelaide Sanchez. This property is being conveyed to the City pursuant to section 18-2.018(3)(b)1.c., F.A.C.

REQUEST:Consideration of a request to (1) convey 46.1 acres of Board of Trustees-owned land to the South Florida Water Management District for inclusion in the Everglades Construction Project; and (2) make an affirmative finding, pursuant to section 18-2.018(3)(b)(1)(c), F.A.C., that this conveyance provides a greater benefit to the public than its retention in Board of Trustees’ ownership.

STAFF REMARKS: The Florida Legislature, in the Everglades Forever Act (EFA), declared that it is necessary for the public health and welfare that the Everglades water and water-related resources be conserved and protected. It was recognized at that time that certain public lands may be needed for the treatment and storage of water prior to its release into the Everglades Protection Area. To accomplish this, the South Florida Water Management District (SFWMD) was given the responsibility of implementing the Everglades Construction Project, and of acquiring any lands necessary to meet the goals of the EFA.

SFWMD has requested the 46.1-acre parcel be released from Lease No. 3433 to New Hope Sugar Company, as stated in the provisions of the lease, and deeded to SFWMD in order to accommodate its plans for the construction of a stormwater treatment area for Everglades restoration. New Hope Sugar Company has agreed to release the parcel from its lease. This land could be placed under long-term lease or easement to accomplish the purposes of the Everglades Construction Project; however, staff believes that because of the significant alteration of the land which is to take place, and the potential for future contamination, it would not be in the best interest of the Board of Trustees to continue to hold title. Department of Environmental Protection (DEP) staff has determined that this land can be conveyed to SFWMD if the Board of Trustees makes an affirmative finding, pursuant to section 18-2.018(3)(b)(1)(c), F.A.C., that the conveyance of this land to SFWMD provides a greater benefit to the public than its retention in Board of Trustees’ ownership.

Plans for the Stormwater Treatment Areas (STAs) 3 and 4 project require construction of a supply canal along the northern and eastern boundaries of the Holey land beginning at the Miami Canal and terminating at the northwest corner of STAs 3 and 4. SFWMD has already acquired all other lands necessary for the construction of this canal except for this 46.1-acre parcel owned by the Board of Trustees. This supply canal will divert water from the Miami Canal into STAs 3 and 4 for treatment to meet the requirements of the EFA.

Additional requirements of the EFA mandate certain time deadlines for completion of construction of the STAs. SFWMD is attempting to meet these legislatively-mandated timeframes by expediting the construction bidding process. SFWMD staff is prepared to recommend approval of a construction bid at its January 11, 2001 Governing Board meeting. SFWMD ownership of this presently Board of Trustees-owned parcel is necessary to accomplish these legislative deadlines.

A consideration of the status of the local government comprehensive plan was not made for this item. DEP staff has determined that land conveyances are not subject to the local government planning process. DEP staff has also determined that the Board of Trustees and SFWMD are the only landowners within 500 feet of this parcel of land; therefore, notification of adjacent landowners is unnecessary.

REQUEST:Consideration of an option agreement to acquire 234.20 acres within the Green Swamp CARL project from William M. Ritter and Lovie M. Ritter.

* Portions of the property have been acquired by the seller over the past 46 years.

STAFF REMARKS: The Green Swamp CARL project is ranked number 25 on the CARL Priority Project List approved by the Board of Trustees on February 22, 2000, and is eligible for negotiation under the Division of State Lands’ Land Acquisition Workplan. The project contains 117,780 acres, of which 15,697.40 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement and another agreement in the Green Swamp project being presented on this agenda, 92,693.27 acres or 79 percent of the project will remain to be acquired.

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 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 appropriately. Therefore, DEP staff will review, evaluate and implement the most appropriate resolution for any 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 mosaic of cypress swamps, pine forests, and pastures known as the Green Swamp is a vital part of the water supply of central Florida. It gives rise to four major river systems (the Withlacoochee, Oklawaha, Hillsborough and Peace) and, because it has the highest groundwater elevation in the peninsula, is important for maintaining the flow of water from the Floridan Aquifer. By preserving the mosaic of land use in this region, public acquisition of the Green Swamp CARL project will protect the Floridan Aquifer and several rivers, preserve a large area for wildlife, and provide areas for public recreation in the rapidly growing region between Tampa and Orlando. This particular parcel is extremely valuable as a buffer to the city of Lakeland wellfield. The property is a mosaic, in relatively equal parts, of semi-improved pasture interspersed with wooded wetlands bordered by wet flatwoods. It is in good condition, ecologically, for a parcel surrounded by high-growth areas. The acquisition of this relatively undisturbed and ecologically-sound property will aid in the continued effort to preserve Green Swamp.

The property will be managed by the Fish and Wildlife Conservation Commission as part of a wildlife management area.

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

REQUEST: Consideration of a purchase agreement to acquire 0.14 acre for the benefit of the Florida Board of Regents and Florida State University from George Kurt Artecona.

* For business reasons, the seller acquired the property in 1998 for the assumption of an existing

STAFF REMARKS: This acquisition was negotiated by Florida State University (FSU). Funds for this parcel were appropriated by the 1994-1995 Florida Legislature, and are still available.

Improvements on the property consist of a 5,488-square-foot office building. The building will be used for office space and storage until the property is required for new construction.

All mortgages and liens will be satisfied at the time of closing. The survey and the appraisal indicated that 76.9 square feet of the existing building encroach onto the adjacent tract. The appraiser has noted that the value is based upon the assumption that the encroachment will be corrected. The adjoining property owner has granted a support wall easement to remedy the problem. On June 22, 1999, the Board of Trustees approved a staff recommendation to delegate to DEP the authority to review and evaluate marketability issues as they arise on all chapter 259, F.S., acquisitions and to resolve them appropriately. Therefore, DEP staff will review, evaluate and implement the most appropriate resolution for any title issues that arise prior to closing.

FSU will provide a survey, and an environmental site assessment prior to closing. The title insurance policy will be provided by the seller prior to closing.

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

This acquisition is consistent with section 187.201(01), F.S., the Education section of the State Comprehensive Plan.

Item 6 Hill/Huntington National Bank of Florida/Herb Davis Plumbing, Inc. Option Agreements/Longleaf Pine Ecosystem CARL Project

REQUEST: Consideration of three option agreements to acquire 446.40 acres within the Longleaf Pine Ecosystem CARL project from Thomas W. Hill, Trustee; Huntington National Bank of Florida, Trustee; and Herb Davis Plumbing, Inc., et al.

STAFF REMARKS: The Longleaf Pine Ecosystem CARL project is ranked number 12 on the CARL Priority Project List approved by the Board of Trustees on February 22, 2000, and is eligible for negotiation under the Division of State Lands’ Land Acquisition Workplan. The project contains 13,430 acres, of which 5,511 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves these agreements, 7,472.6 acres or 56 percent of the project will remain to be acquired.

All mortgages and liens will be satisfied at the time of closing. Portions of parcels 1 and 3 may be encumbered with outstanding oil, gas and mineral interests, dating from 1944 through 1948. No determination has been made as to the current record owner of the interests. The appraiser was aware of the outstanding interests, and determined that they had no impact on the value of the properties. 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 appropriately. Therefore, DEP staff will review, evaluate and implement the most appropriate resolution for any title issues that arise prior to closing.

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

Though they once covered much of north and central Florida, old-growth longleaf pine sandhills are now only distant memories, replaced by pine plantations, pastures, and housing developments. Nevertheless, fragments of good sandhills still remain. Public acquisition of the Longleaf Pine Ecosystem CARL project will conserve four of the largest and best of these

fragments, in so doing helping to ensure the survival of several rare animals like the red-cockaded woodpecker as well as some plants, and giving the public an opportunity to see and enjoy the original, and increasingly rare, natural landscape of Florida’s uplands.

The properties will be managed by The Department of Agriculture and Consumer Services, Division of Forestry as a part of the Ross Prairie State Forest.

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

Item 7 Knab/Two Lakes Branch Corp./Frey Option Agreements/Wekiva-Ocala Greenway CARL Project

REQUEST: Consideration of three option agreements to acquire 648.35 acres within the Wekiva-Ocala Greenway CARL project from Margaret Bowron Knab, Trustee; Two Lakes Branch Corp.; and Gary W. Frey, et al.

* The property was acquired in 1943 by the seller’s late husband and was transferred into a trust in 1997.

STAFF REMARKS: The Wekiva-Ocala Greenway CARL project is ranked number 6 on the CARL Priority Project List approved by the Board of Trustees on February 22, 2000, and is eligible for negotiation under the Division of State Lands’ Land Acquisition Workplan. The project contains 68,904 acres, of which 37,240.27 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves these agreements, 31,015.38 acres or 45 percent of the project will remain to be acquired.

The contract for the Knab parcel provides for the seller retaining an access easement to a two-acre out parcel. The contract also provides for the seller conveying to the Board of Trustees, at closing, an access easement across the two-acre parcel to other state-owned land. At the time of closing, the seller is required to record notice granting the Board of Trustees the first right of refusal should the seller or his successors elect to sell the two-acre out parcel.

The Frey property is improved with a 288-square-foot hunting/fishing cabin, which was considered by the appraiser to have no measurable value contribution. The Department of Agriculture and Consumer Services, Division of Forestry (DOF), the future managing agency, has indicated that the improvement will have no adverse affect on management.

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 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.

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

The springs, rivers, lakes, swamps and uplands stretching north from Orlando to the Ocala National Forest are an important refuge for the Florida black bear, as well as other wildlife such as the bald eagle, swallow-tailed kite, Florida scrub jay and wading birds. Public acquisition of the Wekiva-Ocala Greenway CARL project will protect these animals and the Wekiva and the St. Johns river basins by protecting natural corridors connecting Wekiwa Springs State Park, Rock Springs Run State Reserve, the Lower Wekiva River State Reserve and Hontoon Island State Park with the Ocala National Forest. It will also provide the people of the booming Orlando area with a large, nearby natural area in which to enjoy camping, fishing, swimming, hiking, canoeing and other recreational pursuits.

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

Item 8 TNC Assignment of Option Agreement (St. Joe)/Torreya State Park Addition

REQUEST: Consideration of the acceptance of an assignment of option agreement to acquire 371.7 acres within the Torreya State Park Addition, Division of Recreation and Parks’ Additions and Inholdings project from The Nature Conservancy, Inc.

CONSIDERATION: $670,856 ($652,800 for the acquisition; $18,056 for the purchase of the option agreement)

* The property has been under its current ownership and/or related corporate ownership for a period in excess of 30 years.

STAFF REMARKS: The Torreya State Park Addition project has been identified on the Division of Recreation and Parks’ Additions and Inholdings List. This agreement was negotiated by The Nature Conservancy, Inc. (TNC) on behalf of the Division of State Lands (DSL) for the Division of Recreation and Parks (DRP), under the State Parks Additions and Inholdings Preservation 2000 program.

Pursuant to a multi-party acquisition agreement entered into between DSL and TNC, TNC has acquired an option to purchase the property from St. Joe Timberland Company of Delaware (St. Joe). After this acquisition is approved, the Board of Trustees will acquire the option for the subject parcel from TNC for $18,056, which represents agreed-upon compensation to TNC for overhead associated with acquiring the option. The assignment of option agreement provides that payment to TNC is contingent upon the Board of Trustees successfully acquiring the property from the owners. The assignment of option agreement further provides that in no event will the purchase price for the option and the purchase price of the property exceed the DSL-approved value of the property.

A survey will be provided by the purchaser and a title insurance policy and environmental site assessment will be provided by the seller prior to closing.

This property will be managed by DRP as a part of Torreya State Park. The St. Joe parcels are a part of a larger project designed to protect significant steephead ravine resources within Torreya State Park and to provide upland circulation around these ravines.

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

Item 9 BOT/Future Farmers of America Land Disposition Determination/Exchange

REQUEST:Consideration of (1) a determination that a 12.43-acre, more or less, parcel of Board of Trustees-owned land no longer needs to be preserved in furtherance of the intent of the Florida Preservation 2000 Act; (2) a determination that the 12.43-acre, more or less, parcel of Board of Trustees-owned land is no longer needed for conservation purposes; and (3) an exchange agreement under which the Board of Trustees would convey the 12.43-acre parcel of Board of Trustees’ land to the Florida Future Farmers of America (FFA) in exchange for a 24.86-acre parcel of land owned by FFA.

CONSIDERATION:Value for value [The Department of Environmental Protection, Division of Recreation and Parks (DRP) will compensate FFA $27,500 for the difference in value.]

* Final surveyed acres. The 0.05-acre decrease did not affect the appraised value of the parcel.

STAFF REMARKS:FFA has requested an exchange of 24.86-acres of FFA-owned land for a 12.43-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 DRP. 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. FFA has conditioned the exchange on it being a value-for-value transaction.

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. 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 presently 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 24.86-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.

DRP has conditioned the exchange on FFA allowing access to the preserve by managers and staff of the preserve across the state-owned land to be exchanged. FFA acknowledges the resource management needs of periodic prescribed burning of the surrounding state properties, and holds the state harmless to any affects due to the smoke caused by this resource management practice. FFA agrees to cooperate with DRP in the establishment of a prescribed burn and fire suppression strategy. FFA agrees to locate any future water treatment system placed on the state-owned land that is being transferred to FFA as far from the preserve as is 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. The appraised value of the FFA parcel is $27,500 more than the value of the state-owned parcel. DRP will pay the 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 FFA. 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 appropriately. 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.

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 DRP as a part of the Allen David Broussard Catfish Creek State Preserve.

DEP has determined that this 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.

Item 10 Orange County Option Agreement/West Orange Trail Phase III Greenways and Trails Project

REQUEST:Consideration of an option agreement to acquire 1.35 acres within the West Orange Trail Phase III project under the Preservation 2000 Greenways and Trails program from Orange County.

APPLICANT:Department of Environmental Protection, Office of Greenways and Trails (OGT)

LOCATION: Section 03, Township 21 South, Range 28 East; and Section 34, Township 20, Range 28 East

STAFF REMARKS: The West Orange Trail Phase III project has been identified on OGT’s approved acquisition list. Pursuant to a multi-party acquisition agreement (MPAA) entered into on February 11, 1998, between the Department of Environmental Protection’s (DEP) Division of State Lands (DSL), OGT and Orange County (County), this acquisition was negotiated by DSL on behalf of OGT under the Preservation 2000 Florida Greenways and Trails program. Phase III contains 6.51 acres, of which these are the first to be acquired. After the Board of Trustees approves this agreement, 5.16 acres or 79 percent of the project will remain to be acquired.

This property is being acquired using federal acquisition procedures, in accordance with the Federal Intermodal Surface Transportation Efficiency Act and the Code of Federal Regulations Title 49. On June 22, 1999, the Board of Trustees approved a recommendation to substitute the land acquisition procedures of the Federal Highway Administration for the State of Florida’s procedures outlined in section 259.041, F.S., for the projects that qualify for federal enhancement funding, as administered by the Florida Department of Transportation.

The West Orange Trail Phase III consists of 26 parcels, 16 of which are included in this acquisition. Pursuant to the terms of the MPAA and due to fragmented ownership of the corridor, the County proceeded to acquire these parcels from the individual owners with the intention of conveying ownership to the Board of Trustees. In an attempt to acquire the property in lieu of condemnation, the County was willing to pay over the appraised value when necessary. Of the remaining ten parcels, the County was able to acquire one through negotiation and the other nine through condemnation. DSL is now in the process of contracting to acquire these remaining ten parcels from the County. This will complete the West Orange Trail Phase III project.

According to the MPAA, if the County elects to purchase a parcel from the owner and then convey the parcel to the Board of Trustees, the Board of Trustees’ purchase price shall be the lesser of the County’s purchase price or the maximum approved value of the parcel, plus the County’s pre-acquisition and closing costs.

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 DEP the authority to review and evaluate marketability issues as they arise on all chapter 259, F.S., acquisitions and to resolve them appropriately. 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.

The West Orange Trail project consists of five phases; this acquisition is the first part of the third phase. The first two phases have been acquired by the Board of Trustees and developed. Once all phases have been completed, the West Orange Trail will be a 30-mile, multi-purpose recreational greenway containing a 14-foot-wide paved surface to be enjoyed by walkers, joggers, hikers, bikers, skaters, the physically challenged, and horseback riders. The

completed trail will become part of the 200-mile Central Florida Loop. This immense greenway system would stretch from the Ocala National Forest to Wekiva Springs State Park. The Central Florida Loop (and the West Orange Trail) will link communities to natural lands throughout the region.

OGT will be the interim manager of the property with the County as the long-term manager. The property will be managed as a multi-purpose recreational trail as a segment of the West Orange Trail.

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

REQUEST: Consideration of an option agreement to acquire three acres within the Apalachicola Bay CARL project from Marion E. Millender.

STAFF REMARKS: The Apalachicola Bay CARL project was ranked number 15 on the CARL Priority Project List approved by the Board of Trustees on September 12, 1991, and was removed from the 1992 CARL list because the project was 90 percent complete. The project is funded under the Division of State Lands’ Land Acquisition Workplan as a 90 percent complete project, and is eligible for acquisition pursuant to section 259.032(8), F.S. This project contains 41,989 acres, of which 37,824.46 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 4,161.54 acres or 10 percent of the project will remain to be acquired.

All mortgages and liens will be satisfied at the time of closing. The nine mobile homes that were on the property when the appraisal was performed have since been removed. 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 appropriately. 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.

The Apalachicola River and the bays at its mouth are some of the most significant natural areas in the southeast. The exceptionally productive Apalachicola Bay supports one of the largest sport and commercial fisheries in Florida -- producing up to 90 percent of Florida’s oysters -- and it is the economic base of Franklin County. Public acquisition of the Apalachicola Bay CARL project will help protect the water quality and biological resources of this sensitive area by conserving undeveloped bayfront land on St. George Sound. Acquisition of the Millender property, which adjoins state-owned land, will further this effort by preventing development in this sensitive area.

This property will be managed by DEP’s Office of Coastal and Aquatic Managed Areas as a part of the Apalachicola National Estuarine Research Reserve.

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

Item 12 E. R. Jahna Industries, Inc. Option Agreement/Perpetual Conservation Easement/Donation/Green Swamp CARL Project

REQUEST: Consideration of an option agreement to acquire 3,054.90 acres in fee simple, a perpetual conservation easement over 5,849.61 acres and acceptance of a donation of 250.62 acres within the Green Swamp CARL project from E. R. Jahna Industries, Inc.

LOCATION: Sections 11 through 14, 23 and 24, Township 25 South, Range 25 East; and Sections 01 through 11, 14 through 23 and 27 through 30, Township 25 South, Range 26 East

STAFF REMARKS: The Green Swamp CARL project is ranked number 25 on the CARL Priority Project List approved by the Board of Trustees on February 22, 2000, and is eligible for negotiation under the Division of State Lands’ (DSL) Land Acquisition Workplan. The project contains 117,780 acres, of which 15,697.40 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, including the 250.62 donated acres, and the consideration of another agreement in the Green Swamp project being presented on this agenda, 92,693.27 acres or 79 percent of the project will remain to be acquired.

In 1993, as a result of comprehensive planning changes proposed by Polk County and the Florida Department of Community Affairs (DCA), E. R. Jahna Industries, Inc. (JAHNA) initiated what became extremely complicated administrative litigation involving multiple issues and parties in more than 20 separate, but related, actions. In the fall of 1995, JAHNA proposed a settlement that it believed would benefit the citizens of Florida and the JAHNA interests. This proposed settlement involves a conservation and sand mine permitting plan for the 15,110-acre Jahna Ranch, which is located within the Green Swamp Area of Critical State Concern. Following numerous discussions with the various parties to the litigation, a series of three agreements, based upon the proposal, were negotiated in order to settle the wide ranging litigation among the various parties. The parties to the litigation and settlement agreements include DCA, Polk County, 1000 Friends of Florida, the Sierra Club - Polk Group, and Mr. John Ryan, a local environmentalist. The final settlement agreements were executed in November 1998.

In April 1996, representatives of JAHNA and the Florida Department of Environmental Protection (DEP) began preliminary discussions relevant to development of the conceptual conservation and sand mine permitting plan for the Jahna Ranch property. The purpose of these discussions was to investigate the potential cooperation of DEP in assisting in the final construction of the settlement agreements between DCA, the other litigants, and JAHNA. DEP’s role is related to the permitting of sand mining operations and mitigation, as well as this proposed land acquisition.

Additionally, in November 1998, DEP and JAHNA entered into a Life-of-the-Mine Permit, Conveyancing, Donation and Preservation and Enhancement Agreement that became the basis for this option agreement under consideration. The acquisition will include the fee simple purchase by the state of 3,054.90 acres; the purchase of development rights on 5,849.61 acres, of which approximately 262 acres are subject to a more restrictive preservation easement; and the donation of an additional 250.62 acres. The conservation areas, as proposed, would form the core of an ecosystem-based mitigation and habitat system that will enhance and provide assurances of protection of water quality, water quantity, and habitat on the site, while allowing for extraction of specific sand resources on the remainder of the property. JAHNA proposes to obtain Life-of-the-Mine environmental permits for the mining of sand on approximately 3,787 acres of land interspersed within the remaining portion of the Jahna Ranch, which is outside of the proposed conservation areas.

The property under the proposed conservation easement will be restricted in perpetuity by provisions of the easement, which include, but are not limited to, the following:

A survey and title insurance policy will be provided by the purchaser prior to closing. An environmental site assessment and easement documentation report will be provided by the seller prior to closing.

The mosaic of cypress swamps, pine forests, and pastures known as the Green Swamp, exemplified by the Jahna Ranch, is a vital part of the water supply of central Florida. This region gives rise to four major river systems (the Withlacoochee, Oklawaha, Hillsborough and Peace) and, because it has the highest groundwater elevation in the peninsula, is important for maintaining the flow of water from the Floridan Aquifer. Preservation by public acquisition of the Green Swamp CARL project will protect the Floridan Aquifer and the headwaters of several rivers, preserve a large area for wildlife, and provide areas for public recreation in the rapidly growing region between Tampa and Orlando.

The fee simple property, both purchased and donated, will be managed by the Florida Fish and Wildlife Conservation Commission as a Wildlife Management Area. The conservation easement will be managed by JAHNA and monitored by DEP’s Bureau of Mine Reclamation.

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

Item 13 DMS/STO Lease/Com-Net Ericsson Critical Radio Systems, Inc. Sublease/American Tower, L.P. Assignment of Sublease/Delegation of Authority

REQUEST:Consideration of a request for approval of (1) a 50-year lease to the State Technology Office of the Department of Management Services; (2) a 50-year sublease from the State Technology Office of the Department of Management Services to Com-Net Ericsson Critical Radio Systems, Inc., for multiple state-owned sites for communications purposes; (3) a determination that it is in the public interest to waive the competitive bid requirements of section 18-2.018(3), F.A.C.; (4) an assignment of the sublease to American Tower, L.P.; and (5) delegation of authority to the Secretary of the Department of Environmental Protection, or his designee, to approve additional sites involving non-natural resource lands.

APPLICANTS:Department of Management Services’ State Technology Office and Com-Net Ericsson Critical Radio Systems, Inc.

CONSIDERATION:Internal Improvement Trust Fund - $300 per year; State Agency Law Enforcement Radio System Trust Fund - 5 percent of gross revenues generated from third party subscribers of the communications system; and 15 percent of net revenues received from

third party tenants during the first 20 years of the lease agreement, increasing to 50 percent for the remaining 30 years of the lease agreement.

STAFF REMARKS:The State Technology Office (STO) of the Department of Management Services (DMS) has completed a procurement process and entered into a public-private partnership to complete the state’s 800 MHz law enforcement radio system, after funding to complete the system could not be obtained through legislation. STO contracted with Com-Net Ericsson Critical Radio Systems, Inc. (Com-Net), to finish the radio system, saving the state more than $859 million over 20 years. STO was created, pursuant to section 282.102, F.S., in part to coordinate the purchase, lease, and use of all information technology services for state agencies, including communications services provided as part of any total system to be used by the state or any of its agencies. STO is authorized to enter into contracts, with or without competitive bidding or procurement, for the placement of new facilities by any wireless provider of mobile service as defined in Title 47 U.S.C. section 153(n), or section 332(d), and any telecommunications company as defined in section 364.02, F.S., when it is determined to be practical and feasible to make such property or other structures available. STO may, without adopting a rule, charge a just, reasonable, and nondiscriminatory fee for the placement of the facilities, payable annually, based on the fair market value of space used by comparable communications facilities in the state. STO and the wireless provider may negotiate the reduction or elimination of a fee in consideration of services provided to STO by the wireless provider. All such fees are to be deposited directly into the State Agency Law Enforcement Radio System Trust Fund (RSTF) for construction, maintenance and support of the system.

STO issued a Request for Proposal (RFP) to select a company to construct, maintain and operate the statewide communications system. Responses were received from two companies, Com-Net and Motorola, Inc. STO selected Com-Net, and entered into negotiations to develop a Service and Access Agreement (Agreement) setting forth the responsibilities of both parties in the development of the communications system. Participating in the negotiations were representatives of the Joint Task Force on State Agency Law Enforcement Communications (Task Force), which was created pursuant to section 282.1095, F.S., to advise STO of member-agency needs for the planning, designing, and establishment of the joint communications system to serve law enforcement units of the state agencies. The Task Force consists of representatives from the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation; Division of Florida Highway Patrol of the Department of Highway Safety and Motor Vehicles; Department of Law Enforcement; Fish and Wildlife Conservation Commission; Division of Law Enforcement of the Department of Environmental Protection (DEP); Department of Corrections; Division of State Fire Marshal of the Department of Insurance; and Department of Transportation (DOT). The Agreement was executed September 28, 2000, and became effective October 20, 2000, upon receipt of approval by a legislative panel and a budget amendment.

3. STO will assign to Com-Net its rights and interests in communications sites it holds throughout the state. A number of these sites are owned by the Board of Trustees and leased directly to DMS or subleased to DMS by other state agencies. Where DMS subleases a site, the state agency will release its leasehold interest and the site will be leased directly to Com-Net. Com-Net will grant the user agency a license agreement if the agency has been using any portion of the site for communications purposes. A special condition in the lease agreement also requires that all existing communications equipment remain on the leased premises unless STO and existing user(s) authorize removal.

4. As consideration for the tower sites, Com-Net will provide STO with a purchase credit for goods and services identified in a Long Term Purchase Agreement, in the amount of $300,000 per tower site, conveyed to Com-Net, up to an aggregate amount of $25.5 million. All Task Force member agencies will benefit from these credits, as they are eligible to use these goods and services for 800 MHz equipment, such as radios. Further, all radios currently in use will be replaced with Ericsson equipment at Com-Net’s expense.

5. Com-Net, with STO’s reasonable consent, will market the radio portion of the communications system to eligible third-party subscribers, so long as the use in no way diminishes the state’s use of the system or its right to control Federal Communications Commission (FCC) licenses. Com-Net will supply to STO, on a quarterly basis, a summary of all current third-party subscribers. Com-Net shall receive 95 percent and STO shall receive five percent of all gross revenues generated from third party subscribers.

6. Com-Net will market the communications towers to other tenants. During the first 20 years of the Agreement, STO will receive 15 percent of all net revenues received from third party tenants on the conveyed towers. During the remaining 30 years of the lease term, STO will receive 50 percent of all net revenues. The legislative panel approved the contract, agreeing that these benefits to the state and its Task Force members, together with the $300,000 per tower site subleased to Com-Net, were in the best interest of the state.

7. At the end of the initial 20 years of the Agreement, STO shall have the right to (1) purchase all system equipment for one dollar and extend services to third party subscribers; (2) extend the term of the Agreement for the remaining 30 years; or (3) terminate the Agreement.

Pursuant to section 18-2.018(2)(i), F.A.C., equitable compensation shall be required when the use of uplands will generate income or revenue for a private user, or will limit or preempt use by the general public. The Board of Trustees shall award authorization for such uses on the basis of competitive bidding, rather than negotiation, unless determined by the Board of Trustees to be in the public interest. Although section 282.102, F.S., authorizes STO to enter into contracts or agreements without competitive bidding, it does not prohibit the Board of Trustees from requiring a competitive selection process for sites involving Board of Trustees-owned land. DEP staff recommends that the Board of Trustees determine that it is in the public interest to waive the competitive bidding process, because the RFP used by STO to select Com-Net is more appropriate for the selection of a communications system provider. Under the RFP process, STO was able to elaborate on its scope of work and to obtain more detailed proposals than would otherwise have been received through a bid process.

Revenues generated from the communications sites will be split between STO and Com-Net, and STO’s share will be deposited in the RSTF. Construction of the statewide system began ten years ago, but at this time it covers only portions of south Florida. The Agreement calls for the system to be completed within 36 months at a price that is expected to save the

taxpayers of Florida at least $859 million, based on build-out estimates presented to the state legislature in 1997 by the DMS. Under the Agreement, STO also anticipates transferring tower sites to Com-Net that are not required for the statewide communications system. The state and Task Force member agencies will benefit from Com-Net’s use of these sites by sharing in the revenues and the initial $300,000 per site. DEP staff, however, is in the process of negotiating

with the Dade County School Board (School Board) to locate a communications tower on land jointly owned by the state and the School Board for the purpose of generating revenue for the Internal Improvement Trust Fund (IITF). DSL staff recommends that this site not be included in the Com-Net sublease.

DOT recently negotiated a Lease and Operating Agreement with Lodestar Towers, Inc. (Lodestar), for placement of wireless facilities on DOT-owned rights-of-way. DOT will receive a portion of the revenues received by Lodestar’s leasing of space on towers to wireless communications providers, placing antennae on towers and existing DOT telecommunications facilities, and leasing sites to other wireless communication companies for construction of towers on DOT-owned land. DEP staff is negotiating with DOT to include Board of Trustees-owned lands under lease to DOT in the Lodestar agreement. DEP will receive 50 percent of the gross proceeds received by DOT from Lodestar, which will be deposited in the IITF. DSL staff will continue to negotiate with DOT to include the DOT-leased sites in the Lodestar agreement; however, five DMS towers on DOT sites leased from the Board of Trustees will not be included in the Lodestar agreement, and two non-DMS towers on DOT maintenance yards leased from the Board of Trustees will also not be included in the Lodestar agreement. DSL staff recommends that these sites be included in the sublease to Com-Net.

Approximately 59 state-owned sites have been identified at this time for the 800 MHz system. STO has provided surveys of 20 of the sites. DEP staff is requesting a delegation of authority to approve the remaining sites as they are surveyed, as well as any future sites identified by STO for the 800 MHz system. The delegation of authority does not include sites involving natural resource lands, which will be handled on a case-by-case basis and will be submitted to the Board of Trustees for approval.

Motorola, Inc., has filed suit on several issues associated with the RFP and selection process. Pursuant to section 5.1D. of the Agreement, if a court finds that the Agreement is unauthorized or void, the Agreement shall be deemed terminated without liability to either party.

Com-Net is requesting approval to assign its sublease to American Tower, L.P., which will build the communications towers. Although the authority to approve assignments of upland leases when the conditions remain unchanged has been delegated to DSL, when a request involves an issue of significant public interest it is submitted to the Board of Trustees for approval. In the event American Tower, L.P., elects not to take the assignment, the sublease will be assigned to another similar entity that meets all financial stability criteria established under the RFP.

The proposed action is consistent with sections 187.201(18) and (21), F.S., and a consideration of the status of local government comprehensive plans was not made for this item.

RECOMMEND (1) APPROVAL TO LEASE TO THE STATE TECHNOLOGY OFFICE, DEPARTMENT OF MANAGEMENT SERVICES, 20 SITES NEEDED FOR THE 800 MHZ STATE-WIDE RADIO COMMUNICATIONS SYSTEM; (2) APPROVAL TO SUBLEASE TO COM-NET THE 20 SITES; (3) APPROVAL OF A DETERMINATION THAT IT IS IN THE PUBLIC INTEREST TO WAIVE THE COMPETITIVE BID REQUIREMENTS OF SECTION 18-2.018(3), F.A.C.; (4) APPROVAL OF AN ASSIGNMENT OF THE SUBLEASE TO AMERICAN TOWER, L.P.; AND (5) DELEGATION OF AUTHORITY TO THE SECRETARY OR HIS DESIGNEE TO SUBLEASE ADDITIONAL NON-NATURAL RESOURCE SITES NEEDED FOR THE 800 MHZ SYSTEM

Item 14 Carrabelle Port and Airport Authority Lease Termination/Bevis and Associates, Inc. Sublease Amendment/Lease

REQUEST: Approval of (1) a request to terminate Lease No. 3407-A with the Carrabelle Port and Airport Authority; (2) approval of an amendment to sublease with Bevis and Associates, Inc. for .06 upland acres; and (3) issuance of a five-year sovereignty submerged land lease for 5,030 square feet to Bevis and Associates, Inc. for the construction of a travel-lift facility.

LOCATION: Section 19, Township 07 South, Range 04 West, Timber Island, in the

Carrabelle River, Class III Waters, within the local jurisdiction of the city of Carrabelle

CONSIDERATION: $12.00 per month for .06-acre amended area, payable to the Carrabelle Port and Airport Authority, and upon cancellation, payable to the Board of Trustees for the upland lease; $595.05, computed at the base rate of $0.1183 per square foot, for the initial sovereignty submerged land lease fees; and $742.72 in retroactive sovereignty submerged land lease fees from August 1, 1998, the date of construction.

STAFF REMARKS: On May 7, 1985, the Board of Trustees approved an exchange agreement with McKissack Properties, Inc. (McKissack), which conveyed into state ownership approximately 49 acres of property on Timber Island, Carrabelle, Florida. In exchange, McKissack received property located in Dade County valued at approximately $7 million. At the same time, the Board of Trustees approved a lease to the Carrabelle Port and Airport Authority (CPAA) for the property received in the McKissack exchange, less two acres to be used for a Marine Patrol station. CPAA was created by a special act of the Florida Legislature (chapter 86-464, Laws of Florida).

Lease No. 3407, between the Board of Trustees and CPAA, was for a 30-year period with an option to renew for two successive 10-year periods. The purpose of the lease was for CPAA to develop the property into a seafood industrial park. The lease contained a provision that the lease would be subject to cancellation by the Board of Trustees after the initial 5 years, if the proposed seafood industrial park had not been substantially developed and at least 50 percent of the property subleased by that time. The lease provided that CPAA would pay an annual base rent and an additional variable rental to the Board of Trustees on an annual basis for all property subleased. The annual base rent was to have been established by a market value appraisal of the property. The additional variable rental, which was intended as a means of revenue sharing between the CPAA and the Board of Trustees, would be established on a case-by-case basis by CPAA and the Board of Trustees during the joint negotiation of subleases.

On April 21, 1987, the Board of Trustees approved an amendment to Lease No. 3407. The amended lease, No. 3407-A, replaces and supersedes Lease No. 3407. Lease No. 3407-A added 114,127.2 square feet of sovereignty submerged lands to the leased area; required prior written approval by the Board of Trustees for any subleases of uplands or sovereignty submerged lands included in the lease area; provided for activities other than those listed to be permitted on the leased area with the Board of Trustees prior approval sought 60 days before the proposed activity was to commence; provided that the leased premises and any structures and equipment located thereon be maintained in good condition and good state of repair; provided that fee simple title can only be encumbered by a leasehold interest; added appropriate sovereignty submerged land restriction language; added a non-discrimination paragraph; and provided that any sublease would incorporate the lease by reference and attachment.

On October 25, 1988, the Board of Trustees approved an amendment to Lease No. 3407-A which abated the previous requirements for CPAA to pay an annual base rent and additional variable rental, and the requirement for a market value appraisal for the subleased area. Instead, the amendment required CPAA to submit an independent detailed, financial audit covering a five-year period from January 1, 1989, through December 31, 1994, for review by the Board of Trustees. After review and evaluation of the financial report, the Board of Trustees was to determine if CPAA was receiving sufficient revenue to provide an annual payment to the Board of Trustees.

Subsequently, on June 6, 1995, the Board of Trustees approved another amendment to the lease with CPAA requiring annual financial audits beginning with the fiscal year January 1, 1995 through December 31, 1995, with the first audit due on or before March 31, 1996.

On September 4, 1991, CPAA entered into a sublease with Bevis and Associates, Inc. (Bevis) and the Board of Trustees approved the sublease on October 10, 1991. The sublease to Bevis includes approximately 7.5 acres of upland and 1.91 acres of sovereignty submerged lands. Bevis manufactures boats and operates a marina repair and maintenance service on the subleased property. In order to take boats out of the water for repair, Bevis began the construction of a travel-lift facility on sovereignty submerged lands, which were thought to be included in the sublease. Once construction had begun, a survey revealed that the sovereignty submerged lands to be utilized by the travel-lift are state-owned and adjoin, but are not a part of the sovereignty submerged lands leased to CPAA and then subleased to Bevis. Bevis halted construction and began the process to obtain a sovereignty submerged lands lease from the Board of Trustees. Further research revealed that sufficient uplands were not contained in the Bevis sublease to give the riparian interest required for the sovereignty submerged lands lease. Therefore, on November 13, 1998, CPAA entered into an amendment to the Bevis sublease to add .06 acre of uplands, so that Bevis could apply for a sovereignty submerged lands lease to

continue the construction of the travel-lift facility. The completion of the travel-lift will enhance the current marine repair and maintenance portion of Bevis’ business. Bevis currently pays a lease fee of $2,090 per month to CPAA, and an increase in the sublease fee of $12 per month for the additional .06 acre was negotiated by CPAA based on the current per-acre lease fee.

The amendment to the Bevis sublease was subsequently sent to the Department of Environmental Protection (DEP), Division of State Lands (DSL) to be submitted for Board of Trustees approval. DSL delayed submitting the sublease amendment for approval, pending the outcome of a lawsuit filed in March 1999, against CPAA and Bevis by the city of Carrabelle (City). The lawsuit alleged that Bevis violated 12 provisions of the 1991 Sublease Agreement and the Development of Regional Impact Development Order, and the City was requesting the right to cancel the sublease. On June 8, 2000, a Final Judgment on the case was issued, finding that each of the 12 allegations had no merit.

In September 2000, as DEP began the process of scheduling the Bevis amendment to sublease for Board of Trustees approval, the City again filed a lawsuit against CPAA. The City is seeking to appoint four members to CPAA simultaneously, and CPAA maintains the members are to be appointed and serve staggered terms, as outlined in section 86-484(3)(1), Laws of Florida. The Judge in the case has issued a temporary injunction against CPAA, stating that they can conduct no business until further order of the court.

Since the Timber Island property was leased to CPAA in 1985 and a portion subleased to Bevis in 1991, continuous conflict between CPAA, the City and Bevis resulted in several lawsuits. In 1998, the City requested that the Legislature abolish CPAA. Although several other businesses have expressed an interest in subleasing property from CPAA at various times over the years, the Bevis sublease remains the only sublease entered into by CPAA other than a lease of sovereignty submerged lands to Saunders Seafood. All of the income from the Bevis sublease and the Saunders Seafood sublease has been utilized by CPAA to pay its operating expenses and attorneys fees, and the Board of Trustees has not realized any share of the revenue generated. Taking into account the upland acres subleased to Bevis and the four acres utilized by the Marine Patrol (2 acres originally designated and 2 acres recently requested), there remain approximately 37 acres of state-owned uplands that are leased to CPAA, some of which are water front, with revenue generating potential.

In October 1996, an audit was performed by the DEP’s Office of Inspector General. The audit report recommended that DSL inform CPAA that its performance was unsatisfactory, and give them a reasonable time in which to submit a formal development plan complete with an amended Development of Regional Impact (DRI), and engineering and financial feasibility studies, if needed. The report further recommended that once the documents were reviewed, an amendment to the rent payment clause in the lease should be considered that would allow reasonable compensation to the state.

In February 1997, DEP sent a letter giving CPAA 18 months to submit the documents recommended in the above described audit report. To date, none of the documents requested by DEP have been provided by CPAA, and no additional subleases have been initiated.

Based on the history of the Timber Island property, DSL feels it is in the best interest of the Board of Trustees to cancel the lease with CPAA and manage the sublease directly with Bevis. In the past, Bevis has requested that the property it subleases be removed from the CPAA lease and be leased directly from the Board of Trustees, due to the inability of CPAA and the City to come to terms. Bevis has recently once again made the request. In June 1998, CPAA

requested that its lease with the Board of Trustees be terminated; however, it later withdrew the request. Cancellation of the lease with CPAA and direct management by the Board of Trustees of the Bevis and Saunders subleases will benefit the Board of Trustees by: (1) allowing the Board of Trustees to begin receiving revenue from the Timber Island property immediately; (2) removing the contention between the two local entities; and (3) allowing DSL to initiate a marketing plan to attract other businesses to the remaining state-owned land on Timber Island, in order to maximize the return on the Board of Trustees’ investment.

At this time, the Timber Island property is slated for development as a seafood industrial park. However, in recent years, the seafood industry in the Carrabelle area has not been as lucrative as it once was, and makes the Timber Island property more suitable for recreation-based development. Prior to marketing the property, DSL intends to work with the Department of Community Affairs (DCA) and the City to explore options to better utilize the property. DSL proposes to market, lease and manage the Timber Island property in the same manner as other Board of Trustees commercial leases have been handled.

Pursuant to section 18-2.018(1)(a), F.A.C., the decision to authorize the use of state-owned uplands requires a determination that such use is not contrary to the public interest. Staff believes that the proposed activity is not contrary to the public interest because it will enhance the use of the property for the activities contemplated in the Board of Trustees’ approval of the McKissack exchange agreement.

A local government comprehensive plan has been adopted for this area pursuant to section 163.3167, F.S.; however, DCA determined that the plan was not in compliance. A compliance agreement between DCA and the local government has been finalized. The City's comprehensive plan states that the subject land has an Industrial Land Use designation. The comprehensive plan does not provide a list of uses intended for lands with this designation; however, the City, at its Commission meeting on February 2, 1998, approved the Bevis travel-lift facility.

Item 15 Eminent Domain Authorization/Delegation of Authority/Golden Gate Estates South/Save Our Everglades CARL Project

REQUEST: Consideration of a request to (1) recognize that property within the Save Our Everglades CARL project lying south of I-75 is of special importance to the state, recognize that the acquisition of the land is necessary to protect hydrological connections among Big Cypress National Preserve, Fakahatchee Strand State Preserve, and Everglades National Park, and to protect and restore the Everglades, which is an endangered natural resource of unique value to the state, and recognize the failure to acquire this property will result in irreparable loss to the state and serious impairment of the state’s ability to manage or protect other state-owned lands; (2) direct the Department of Environmental Protection to acquire fee simple title to all remaining land within the portion of the Save Our Everglades CARL project lying south of I-75 on which two bona fide offers have been made by the exercise of the power of eminent domain, pursuant to the provisions of chapters 259, 73 and 74, F.S.; and (3) delegate authority to the Secretary of the Department of Environmental Protection to accomplish the acquisition

as described herein through negotiation or condemnation, including the authority to prepare and execute all necessary parcel-specific condemnation resolutions.

STAFF REMARKS: The Save Our Everglades CARL project is ranked number 3 on the CARL Mega-Multiparcel Project List approved by the Board of Trustees on February 22, 2000, and is eligible for negotiation under the Department of Environmental Protection (DEP), Division of State Lands’ (DSL) Land Acquisition Workplan. That portion of the project lying south of I-75, commonly referred to as Golden Gate Estates South, contains 55,566.2 acres, of which 44,237 acres have been acquired or are under agreement to be acquired, leaving 11,329.2 acres, or 20 percent, remaining to be acquired. The Golden Gate Estates South portion of this project includes the Southern Golden Gate Estates subdivision and surrounding acreage tracts bordered by I-75 to the north, US-41 to the south and the Fakahatchee Strand and Belle Meade CARL projects to the east and west, respectively.

Public acquisition is essential to continue the conservation, preservation and restoration of this endangered portion of the western Everglades ecosystem that is a vital component of the Comprehensive Everglades Restoration Plan (CERP). Conserving this land is critical to the ecosystem in the western Everglades, its wildlife and the water quality throughout the area.

In 1996, the hydrological restoration plan was identified as a "Critical Project" under the Federal Water Resources Development Act, making it eligible for federal funds. The project was subsequently added to CERP.

The acquisition will allow the restoration of significant wetlands crucial to the reestablishment of the historic water flow pattern in the western Everglades. Nearly half of this region's water flows into Everglades National Park.

Purchasing this portion of the Save Our Everglades CARL project will also help preserve and restore the fresh water flow necessary for maintaining the rich productivity of Gulf Coast estuaries, such as Rookery Bay and the Ten Thousand Islands. Moreover, the timely implementation of the hydrological restoration plan will restore important habitat for numerous endangered and threatened species, including the Florida panther, one of the world's most endangered mammals.

Public acquisition of this portion of the Save Our Everglades CARL project will preserve a large piece of South Florida's unique ecosystem. Ultimately, this will contribute to the formation of a continuous public conservation corridor extending across South Florida, from the Gulf Coast, to approximately ten miles from the Atlantic Ocean. It will help protect the western Everglades ecosystem from the encroachment of residential, commercial and industrial development.

In 1999, the Big Cypress Basin Board advised DEP that the hydrologic restoration was scheduled to commence as early as October 2002, and 100 percent public ownership would be required. After multiple rounds of appraisals and offers over the last fifteen years, nearly 4,000 parcels in Southern Golden Gate Estates and the surrounding area still remain to be acquired. Due to the relatively large number of remaining parcels, a plan was developed to increase the percentage of parcels acquired by voluntary means while assuring that all lands are acquired by October 2002. The first step in the plan was to seek authority from the Board of Trustees to offer amounts in excess of the appraised value, in an effort to acquire as much property as possible without having to resort to the use of eminent domain. On July 11, 2000,

the Board of Trustees authorized the Director of DSL, or her designee, to extend bona fide offers and approve any contract for the sale and purchase of land at $5,000 over or up to 125 percent of the appraised value, whichever is greater, when the purchase price per parcel does not exceed $50,000, and at up to 125 percent of the appraised value when the purchase price per parcel exceeds $50,000.

In anticipation that a substantial portion of the remaining parcels will still require the use of eminent domain to assure that all lands are held in public ownership by the time the restoration is to begin, preliminary meetings have been held with the Chief Judge in Collier County. Current projections are that it may take nearly two years to process the parcels that cannot be acquired voluntarily through the court system of Collier County. To assure a constant flow of parcels to the Office of the Attorney General, the plan contemplates the processing of parcels in multiple phases over the next 18 months.

On the advice of the Office of the Attorney General, appraisals were updated to assure that offers would satisfy the bona fide offer requirement, and in early November 2000, second bona fide offers were tendered to the first 394 owners (452 parcels). The initial mailing and follow-up negotiations with the owners within this first phase resulted in the successful negotiation and approval of contracts for 191 of the 452 parcels, or 42 percent of Phase I. Negotiations for the acquisition of the 261 remaining parcels in Phase I have reached an impasse; however, the bona fide offer requirement of section 259.041(14), F.S., has been satisfied. In the event one or more of the parcels placed under contract cannot close for any reason, the authority requested today covers all 452 parcels. Parcels under contract will be held by DSL, and only parcels that have reached impasse or parcels that cannot be closed by voluntary means will be turned over to the Office of the Attorney General.

Section 259.041(14), F.S., authorizes the Board of Trustees, by majority vote of all of its members, to direct DEP to exercise its power of eminent domain, pursuant to the provisions of chapters 73 and 74, F.S. Eminent domain may be used to acquire any of the property on the CARL priority list if (1) the state has made at least two bona fide offers to purchase the land through negotiation and an impasse between the state and the land owner has been reached; and (2) the land is of special importance to the state because (a) it involves an endangered or natural resource and is in imminent danger of being developed; (b) it is of unique value to the state and failure to acquire the property would constitute an irreparable loss to the state; or (c) the failure to acquire the property would seriously impair the state's ability to manage or protect other state-owned lands.

The parcels included in Phase I of the Save Our Everglades project lying south of I-75 meet these criteria: (1) the state has made at least two bona fide offers and has been unable to acquire these parcels through negotiation; and (2) in section 373.4592(1), F.S., the legislature has recognized that the Everglades ecological system is unique in the world, and one of Florida’s great treasures. They also recognize that the CERP is important for restoring the Everglades ecosystem and sustaining the environment, economy, and social well-being of South Florida. The Everglades ecological system is endangered as a result of adverse changes in water quality, and in the quantity, distribution, and timing of flows and, therefore, must be restored and protected. The hydrological restoration of these lands is an essential component of the CERP.

Pursuant to the Board of Trustees’ eminent domain policy, DSL has mailed proper notice to all owners of record in Phase I at least 45 days preceding this Board of Trustees’ meeting. In accordance with the eminent domain policy, the notice advised the owners that homesteaded property was exempt from eminent domain without the owner’s written permission. As of

5:00 p.m., January 8, 2001, only 12 responses to the written notice had been received. While 12 of the owners representing 18 parcels objected to the use of eminent domain, they only represent 2 percent of the remaining ownerships in Phase I. Additionally, none of the respondents claimed the property involved to be their homestead. Based on research of tax records by staff, there does not appear to be any homesteaded property within Phase I. If it is later determined that there is any homesteaded property, and the owner has not given written consent, that parcel will be excluded from the eminent domain process unless the Board of Trustees waives its policy on homesteaded property. If the Board of Trustees approves this item, DSL intends to amend its existing contract with the Office of the Attorney General to handle the condemnation of these parcels. Once second bona fide offers are tendered on additional groups of parcels, staff will return to the Board of Trustees periodically to seek authority to pursue those parcels that have reached impasse, or parcels that cannot be closed by voluntary means. It is anticipated that there may be as many as ten such groups or phases.

These parcels will be managed by the Department of Agriculture and Consumer Services, Division of Forestry as an addition to Picayune State Forest, with the South Florida Water Management District being a cooperator in management activities.

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

Item 16 Com Tech International Cable Corporation Recommended Consolidated Intent/Fiber Optic Cables

REQUEST: Consideration of an application for (1) a 25-year sovereignty submerged lands private easement containing a combined 563,113 square feet, more or less, for a fiber optic cable system on or under sovereignty submerged lands of the Atlantic Ocean out to the state’s territorial limit; and (2) authorization for the severance of 98 cubic yards of sovereign material.

LOCATION: Section 11, Township 52 South, Range 42 East, in the Atlantic Ocean, Class III Waters, within the local jurisdiction of the city of Sunny Isles

CONSIDERATION: (1) An initial one-time easement fee at a rate of $0.0057 per square foot as determined by a real property appraisal that considered the extent to which the easement is exclusionary, but did not consider the "enhanced value or profit gained by the applicant" pursuant to section 18-21.011(2)(b)2, F.A.C.; (2) an interim "enhanced value or profit gained" fee of $5.00 per linear foot of cable that crosses sovereignty submerged lands of the territorial sea out to the state’s territorial limit; (3) a fee for the severance of sovereign material calculated at a rate of $2.25 per cubic yard pursuant to section 18-21.011(3)(a)2, F.A.C. Sales tax will be assessed pursuant to section 212.031, F.S., if applicable. The initial one-time easement fee and interim "enhanced value" fee shall be determined based upon receipt of an acceptable survey and legal description of the easement area. The easement fee may be revised upward or downward at a later date should the Board of Trustees adopt rules revising the fees for easements, or establish different procedures for determining the "enhanced value or profit gained by the applicant."

STAFF REMARKS:In accordance with rules adopted pursuant to sections 373.427(2) and 253.77(2), F.S., this "Recommended Consolidated Intent" contains a recommendation for issuance of both the permit required under part IV of chapter 373, F.S., and the authorization to use sovereignty submerged lands under chapter 253, F.S. The Board of Trustees is requested to act on those aspects of the activity which require authorization to use sovereignty submerged lands. If the Board of Trustees approves the request to use sovereignty submerged lands and the activity also qualifies for a permit, the Department of Environmental Protection (DEP) will issue a "Consolidated Notice of Intent to Issue" that will contain general and specific conditions. If the Board of Trustees denies the use of sovereignty submerged lands, whether or not the activity qualifies for a permit, DEP will issue a "Consolidated Notice of Denial."

Com Tech, an international consortium, is requesting authorization to use sovereignty submerged lands to install an oceanic fiber optic cable system, ARCOS-1, from the state’s three-mile territorial limit landward to a manhole landing within the parking lot of the Newport Hotel and Resort in Sunny Isles. The Sunny Isles landing of the ARCOS-1 system is comprised of three conduits and two fiber optic cables, with the remaining conduit reserved for future cable repair or replacement. Com Tech is also proposing to dredge 98 cubic yards of sovereign material during drilling and placement of the subaqueous conduits. The spoil will be disposed of on an upland spoil site. The activity includes consideration for a 25-year sovereignty submerged lands private easement containing 563,113 square feet, more or less, for the proposed conduits and offshore fiber optic cables.

On July 11, 2000, the Board of Trustees approved several staff recommendations including a proposal that future fiber optic cables and other telecommunication projects be authorized under a private easement, unless an applicant can demonstrate that all of the services provided over the fiber optic cable or other transmission line are regulated by the Public Service Commission (unless the applicant is a municipality, other government agency or a rural cooperative).

The ARCOS-1 conduit and cable corridor is expected to have some impacts to natural resources within the project area. Each cable will transverse approximately 6,000 linear feet of low, medium, and high relief hardbottom and coral reef communities. Com Tech has made an effort to minimize resource impacts from the proposed project by reducing the number of proposed conduits from six down to three, relocating the cables corridor, and reducing the horizontal directional drill length from 4,000 linear feet to 2,220 linear feet in an effort to avoid exiting the seafloor within a coral reef habitat. The proposed mitigation for the impacts to the coral reefs is the creation of artificial reefs. Artificial reefs are man-made habitats built from various materials including rock, concrete, and prefabricated modules.

The National Oceanic and Atmospheric Administration’s (NOAA), Habitat Equivalency Analysis model (HEA) was employed to estimate the required area for mitigation or compensatory habitat creation associated with natural resource impacts within the cable corridor. Using available data from past fiber optic cable deployments and also using a "worst case" impact scenario, the HEA indicated that approximately one to five modules per cable would compensate for anticipated impacts. In order to offset the impacts to coral reef and hardbottom communities, Com Tech offered a minimum of 30 prefabricated, Dade Environmental Resource Management (DERM)-type, concrete, artificial reef modules, 15 modules per cable, as added public interest. These modules will be placed on the ocean floor within Miami- Dade’s Sunny Isles/Haulover Artificial Reef Site. Each module will provide approximately 54 square feet of mitigation for a total of 1,620 square feet.

On July 11, 2000, the Board of Trustees also approved a staff recommendation that until the feasibility of cable corridors can be fully evaluated, easements may only be authorized where an applicant can clearly demonstrate the need for the project. Need may be demonstrated by a contract for purchase of a cable, a contract for laying the cable, or other appropriate documentation. Com Tech has stated that over 10 percent of the system has been constructed and this segment is a link between Nassau, Bahamas and Sunny Isles, Florida, with the Nassau landing having already occurred. They have also stated that 90 percent of the project’s planning, engineering, and implementation has been completed. In order to meet construction schedules and contractual obligations, Com Tech has stated that it is imperative that the proposed project be allowed to move forward. In order to accommodate Florida’s regulatory process, the cable suppliers have reworked the other segments of the system to push the Florida landing back as far as possible. Com Tech’s supply plan calls for a Florida landing on February 18, 2001. If this landing is pushed back, Com Tech will be facing liquidated damages, in vessel standby costs, of $45,000 per day.

According to the Florida Fish and Wildlife Conservation Commission (FFWCC), Bureau of Protected Species Management, the proposed project will not significantly affect endangered marine turtles so long as the applicant adheres to the following conditions: (1) with the exception of the horizontal drilling phase of the project, no construction, operation, transportation or storage of material/equipment are authorized on the beach during the marine turtle nesting season (March 1 through October 31); and (2) no temporary lighting of the construction area visible from any part of the beach is authorized at any time during marine turtle nesting season. No permanent lighting is authorized. The recommendations of the FFWCC have been addressed in the environmental resource permit.

The project is not located in an aquatic preserve. Staff is of the opinion that with the payment of equitable compensation, environmental resource remediation and mitigation, and submittal of acceptable drawings, the proposed project is in the public interest pursuant to section 18-21.010(1)(e), F.A.C.

The proposed project was noticed pursuant to section 253.115, F.S., in a newspaper of general circulation. No objections were received.

A consideration of the status of the local government comprehensive plan was not made for this item. The city of Sunny Isles has recommended that city permits be issued to Com Tech assuming they comply with the South Florida building codes, and all state, county, and city ordinances and regulations pertaining to the project.

RECOMMEND APPROVAL subject to the special approval CONDITION, special easement conditions, and payment of $220.50 for the severance of sovereign material

3^rd Substitute Item 17 Gulfsteam Natural Gas System, L.L.C. Recommended Consolidated Intent

QUEST: Consideration of an application for (1) a 30-year sovereignty submerged lands public easement for a subaqueous natural gas transmission pipeline; and (2) a consent of use for a temporary access dock to be removed upon completion of construction of the pipeline.

Easement No. 30574

LOCATION:All sovereignty submerged lands lying within a legally described corridor within the local jurisdictions of Hardee, Highlands, Manatee, Martin, Okeechobee, Osceola, Palm Beach, Polk and St. Lucie counties

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

STAFF REMARKS: In accordance with rules adopted pursuant to sections 373.427(2) and 253.77(2), F.S., this “Recommended Consolidated Intent” contains a recommendation for issuance of both the permit required under part IV of chapter 373, F.S., and the authorization to use sovereignty submerged lands under chapter 253, F.S. The Board of Trustees is requested to act on those aspects of the activity which require authorization to use sovereignty submerged lands. If the Board of Trustees approves the request to use sovereignty submerged lands and the activity also qualifies for a permit, the Department of Environmental Protection (DEP) will issue a “Consolidated Notice of Intent to Issue” that will contain general and specific conditions. If the Board of Trustees denies the use of sovereignty submerged lands, whether or not the activity qualifies for a permit, DEP will issue a “Consolidated Notice of Denial.”

The applicant is proposing to construct approximately 753 miles of 16- to 36-inch diameter natural gas pipeline that will originate in Mobile, Alabama, extend across the Gulf of Mexico to Tampa Bay, just south of Egmont Key, then make landfall at Port Manatee in northern Manatee County. From Port Manatee, the pipeline will traverse ten counties across the state, terminating in Palm Beach County. State-owned uplands to be traversed by the pipeline will

be addressed in a future Board of Trustees’ agenda item because of the time necessary to process the easements required for lands recently acquired by the state. Easement surveys and public noticing have been completed for all other state-owned uplands affected by the project.

Of the total 753 miles of pipeline, 325 miles will extend from the beginning of state territorial waters to the point of termination. The proposed corridor extends through a portion of Hillsborough County; however, sovereignty submerged lands in Hillsborough County are under the jurisdiction of the Tampa Port Authority. A 2.3-mile section of the pipeline will extend across sovereignty submerged lands, in the lower Tampa Bay area of Manatee County, designated by the Florida Legislature as the Terra Ceia Aquatic Preserve. In addition, the applicant is requesting a consent of use for the construction of a temporary access dock adjacent to a spoil island near Port Manatee for the purpose of facilitating pipeline construction.

The proprietary authorization recommended for this project is through a public purpose corridor easement that would cover all sovereignty submerged lands lying within a 325-mile-long by 270- to 300-foot-wide corridor. For the nearshore portion of the project, Gulfstream proposes a 300-foot-wide corridor easement consisting of a 200-foot-wide permanent easement running along the centerline, and a 100-foot-wide temporary construction easement consisting of 50 feet lying on each side of the permanent easement. The 200-foot-wide permanent easement is the size area needed to accommodate large construction vessels and anchoring systems when working in offshore conditions during future repair and maintenance operations. The onshore portion of the project consists of a 30- to 50-foot- wide permanent easement along the centerline, and a 240- to 250-foot-wide temporary construction easement with 120 to 125 feet lying on each side of the permanent easement. The varying widths of the permanent and temporary construction easement areas correspond to the varying diameters of the pipe along the proposed route.

Collocation of the pipeline within existing corridors was an important criterion in defining the alignment of the pipeline. Approximately 67 percent of the proposed alignment runs adjacent to railroad, highway, and power line corridors.The nearshore portion of the project would extend from the state’s three-league territorial limit to the mainland at Port Manatee, a total distance of 24.4 miles. The applicant studied several different alignments for the pipeline in order to determine which alignment would cause the least impacts to the marine environment. Also taken into account in choosing the alignment were engineering parameters associated with the feasibility of pipeline installation, safety, and collocation with previously disturbed areas, such as shipping channels. Of the 24.4 miles of pipeline to be constructed from the state’s territorial three-league line to the mainland at Port Manatee, 1.5 miles, nearest to the mainland, will be directionally bored underneath the bay bottom from the uplands of a spoil island near Port Manatee, allowing installation of the pipe without disturbance to submerged resources. The remaining nearshore route is located either too far from the mainland or in water depths too great for directional boring to be feasible. The method of construction for the remaining 22.9 miles includes jetting the pipe into the soft bottom and laying the pipeline along the first 10.5 miles from the state’s territorial three-mile line just west of Egmont Key. The next 12 miles would be trenched to the drilling exit of the directional bore. All excavated material will be backfilled over the pipe.

The remaining 0.4 mile involves the construction of a trench across a spoil island which is filled, sovereignty submerged lands. The trench would extend between two staging areas to be used for the directional bores. One staging area will allow the extension of the pipe from the east side of the island 0.7 mile to Port Manatee and the other from the north side of the island about 0.8 mile northwesterly to the drilling exit in Tampa Bay. The applicant is also proposing the construction of a 75-foot-long by 60-foot-wide temporary access dock for unloading the directional drilling equipment on the spoil island. Upon completion of all construction on the island, the dock would be removed.

Approximately, 2.3 miles of pipeline will be constructed in an area of lower Tampa Bay designated as the Terra Ceia Aquatic Preserve. The applicant states in the application that benthic surveys conducted by video mapping and side scan sonar surveys characterize the area within the aquatic preserve as containing no live bottom or other sensitive resources. Previous studies of Tampa Bay in this area appear to support the applicant’s assessment of the submerged bottom. In order to provide DEP with additional assurance that sensitive resources are being protected in the aquatic preserve, a specific condition in the environmental resource permit requires the applicant to conduct more comprehensive pre-construction benthic surveys within the easement area. Should resources be found in the corridor path, the applicant will attempt to relocate the pipeline within the easement area to avoid those resources. If the resources cannot be avoided, the permit conditions require the applicant to perform mitigation according to prescribed ratios and methodologies. During construction of the pipeline, the applicant is also required in another specific condition of the environmental resource permit to implement special anchoring methods using spuds to limit impacts to resources in the aquatic preserve caused by turbidity and sedimentation.

The applicant states that moving the pipeline to the north to totally avoid the aquatic preserve would place the pipeline too close to the cable stay spans of the Sunshine Skyway Bridge according to the Florida Department of Transportation, the Skyway Fishing Pier, shipping channels, associated spoil areas, and boat traffic, as well as resources such as seagrass beds and live bottom.

Of the area to be trenched outside the aquatic preserve, 5.1 acres of permanent impacts to live bottom, including the area of temporary spoil deposition and associated sedimentation on each side of the trench, will occur. An additional 68.3 acres of live bottom will be temporarily impacted due to the cable sweeps when the construction vessel is anchored. The applicant proposes to mitigate for these impacts by the creation of 19.74 acres of live bottom habitat equivalent in density and species composition as the existing pre-construction benthic conditions.

The DEP Office of Intergovernmental Programs very recently identified approximately 50 acres of live bottom on the intercontinental shelf beyond the State Territorial Limit in the federal waters of the Gulf of Mexico that could be avoided by re-routing the pipeline. The re-route would also result in a slight relocation inside the State Territorial Limit, resulting in net increases of approximately 0.7 acre of direct impacts and approximately 4.3 acres of secondary impacts for construction activities to live bottom on sovereignty submerged lands. These

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impacts are outside the aquatic preserve. The applicant has agreed to re-route the pipeline in order to avoid the greater impacts to resources in federal waters; however, the re-route is subject to approval by the Federal Energy Regulatory Commission and the Mineral Management Service. In order to accomplish this, staff recommends that in the nearshore area, a 300-foot-wide temporary construction easement be authorized based upon the final construction drawings to be submitted by the applicant. The final easement will be based upon as-built surveys provided post-completion. This will allow for field engineering of the least impactive location for the pipeline placement within the identified easement area as required by the environmental resource permit. Pursuant to the permit, the applicant will be required to mitigate for these additional impacts.

The recommendations of the Florida Fish and Wildlife Conservation Commission, Bureau of Protected Species Management, have been addressed in the specific conditions of the environmental resource permit. The project was noticed as pursuant to section 253.115, F.S.; one objection was received prior to the end of the 30-day comment period.

Environmental permitting for the Gulfstream Pipeline Project was coordinated by DEP through the Ecosystem Management Team (EMT) permitting process pursuant to the authority provided by sections 403.075 and 403.0752, F.S. The primary focus of the EMT for the Gulfstream Project was the review of wetland permit applications required for the pipeline project, including an environmental resource permit from DEP.

The EMT consisted of a team of agency representatives that was assembled to review all of the required authorizations necessary for construction of a natural gas pipeline. Those making up the EMT were representatives from DEP, the Florida Fish and Wildlife Conservation Commission (FFWCC), the Southwest Florida Water Management District, the South Florida Water Management District, the St. Johns River Water Management District, Hillsborough County Environmental Protection Commission, Tampa Port Authority, the U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Service, the U.S. Environmental Protection Agency, the National Marine Fisheries Commission, and representatives from each of the counties through which the proposed pipeline crosses. The EMT met each month with the applicant for the past 18 month. Topics considered include: corridor alignment, minimization of impacts to critical wetland and upland habitats, construction methodology, threatened and endangered species that might be affected along the corridor (including means of avoiding, minimizing and/or mitigating for those impacts), and best management practices that would need to be incorporated into the construction procedures. Input was received from all of the affected counties, environmental groups such as the Audubon Society, the Sierra Club, The Nature Conservancy, and ManaSota 88, and from the scientific community, including the Florida Marine Research Institute, the Tampa Bay Estuary Program, and the Agency on Bay

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Management. The purpose of seeking this information was to allow the regulatory team to make an informed decision with as much information as possible.

One of the goals of the EMT permitting process was for the team to negotiate measures that the applicant could take that would lead to a net environmental benefit that would be greater than that normally provided by traditional permitting procedures. For this project, the applicant agreed to undertake a total of 451 additional acres of wetland and upland restoration measures beyond the mitigation required under the environmental resource permitting process. The EMT has determined that the additional restoration measures proposed by the applicant constitute a net environmental benefit pursuant to chapter 403, F.S.

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

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

RECOMMEND APPROVAL OF (1) THE 30-YEAR PUBLIC EASEMENT SUBJECT TO THE SPECIAL EASEMENT CONDITIONS; AND (2) THE CONSENT OF USE