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AGENDA Item 1 Minutes Submittal of Minutes from the November 27, 2001 Cabinet Meeting. (See Attachment 1, Pages 1-23) RECOMMEND APPROVAL **************************** Substitute
Item 2 OGT Public-Private Partnership Reaffirmation/Rapid Pursuits, Inc.
Denial/ Competitive Bid Waiver Modification COUNTIES: Citrus and Levy APPLICANT:
Department of Environmental Protection (DEP) STAFF REMARKS: This item was presented to the Board of Trustees on July 25, 2000 and conceptual approval was granted with the stipulation that "if it appears that this project will not be developed, and a lease will not be executed within a year, staff will return to the Board of Trustees requesting denial of the proposal." Over the past year, DEP has had numerous discussions with Rapid Pursuits, Inc., regarding the development of this project. Due to the complexity and expense involved in developing this whitewater park, Rapid Pursuits has been unable to attain sufficient financing at this time. Therefore, since a lease has not been executed between OGT and Rapid Pursuits within the specified timeframe as stated in the previous agenda item, denial of the Rapid Pursuits' proposal is recommended in accordance with the previous agenda item. Although the DEP is requesting denial of Rapid Pursuits specific proposal, staff requests continuance of the conceptual approval of a public-private partnership to utilize approximately 500 acres on the Marjorie Harris Carr Cross Florida Greenway (CFG) for recreational activities. In addition, it is requested that approval be granted to issue an invitation to negotiate so that other private entities may also submit proposals for this public-private partnership. Rapid Pursuits may also re-submit their proposal through this process. The enabling legislation of the CFG authorizes conservation and preservation activities and a broad array of recreational and "user-oriented activities," such as golf, tennis, baseball, archery, target shooting and playground activities, and "resource-based activities," such as fishing, camping, hunting, boating, bicycling, nature studying, horseback riding and hiking. In 2000,
the DEP was approached by a private interest group, Rapid Pursuits, Inc.,
with a proposal to develop a water park (Park) on the west end of the
CFG east of Inglis Lock. Rapid Pursuits proposed to develop a whitewater
rafting, kayaking and canoeing course on disturbed upland portions of
the former canal lands. Specifically, the upland spoil bank on the north
side of the barge canal would be required. Given Florida's climate, this
facility would be available for year round Olympic and professional training.
Eight to ten national and international competitions could be held at
the site each year. Additionally, rough water rescue training would be
offered to the U.S. Coast Guard, U.S. Military, Red Cross and any other
rescue entity seeking a site for training. Charity events and special
prices for disabled, challenged or **************************** Substitute Item 2, cont. terminally ill individuals would be a priority. This type of public-private venture would generate income for the State, while providing an outstanding recreational facility. Rapid Pursuits estimated that this facility would cost $100,000,000 to construct. The entire venture would be at the expense of a private entity and would cost the taxpayers nothing. Also, based on similar projects, it is estimated that the facility could bring in $400,000,000 annually, above and beyond the user fees, to the local area. Pursuant to section 18-2.018(2)(i), F.A.C., the Board of Trustees shall award authorization for uses of state-owned land on the basis of competitive bidding, rather than negotiation, unless otherwise determined to be in the public interest. In evaluating the public interest, staff believes that the selection of a vendor for this public-private partnership through the invitation to negotiate process will provide the most benefit to the state. With the unique limitations of this site and the desire to maximize the recreational opportunities, the invitation to negotiate process will allow vendors to submit more creative proposals and give staff the flexibility to secure an exceptional design. Staff believes this justifies a modification of the authorized waiver of the competitive bidding requirements previously authorized by the Board of Trustees. Upon approval of this item, staff will begin the process of preparing an invitation to negotiate inviting all interested parties, including Rapid Pursuits, Inc., to submit proposals. (See Attachment 2, Pages 1-7) RECOMMEND (1) REAFFIRMATION OF CONCEPTUAL APPROVAL OF A PUBLIC-PRIVATE PARTNERSHIP TO UTILIZE THE CFG FOR RECREATIONAL ACTIVITIES; (2) DENIAL OF RAPID PURSUITS, INC., PROPOSAL; AND (3) MODIFICATION OF THE WAIVER OF COMPETITIVE BID REQUIREMENTS TO SEEK INVITATIONS TO NEGOTIATE **************************** Substitute Item 3 Rule 18-2, F.A.C., Amendment/DOA to Certify Amended Rule REQUEST: Consideration of a request to (1) approve rulemaking to delete subparagraph 18-2.018(3)(b)7., F.A.C.; and (2) approve a delegation to the Department of Environmental Protection to certify this amended rule to the Department of State. APPLICANT: Department of Environmental Protection (DEP) LOCATION: Statewide STAFF REMARKS: DEP seeks to amend Rule 18-2, F.A.C., by deleting subparagraph 18-2.018(3)(b)7., F.A.C., in its entirety. This subparagraph requires that every exchange of natural resource lands result in the Board of Trustees acquiring a minimum of twice the amount of acreage being conveyed out of state ownership. This provision was added to the rule in 1996 to assure a net positive benefit, especially when adjacent property owners want to "square up" their parcels by exchanging property with the Board of Trustees. This provision has discouraged some landowners from pursuing exchanges which would have been beneficial to the state because they were reluctant to convey twice the acreage they would receive in an exchange. The authority for land exchange is section 253.42, F.S., which gives the Board of Trustees the authority to ". . . fix the terms and conditions of any such exchange, and select and agree upon the lands to be so conveyed by said board; and the lands to be conveyed to said board in exchange therefor . . ." Under this statute the Board of Trustees has broad discretion Board of
Trustees **************************** Substitute Item 3, cont. to set the terms and conditions of all exchanges of state-owned lands. Therefore, the deletion of this rigid two-for-one requirement will give the Board of Trustees greater flexibility regarding exchanges of real property, permit assessment of net positive benefit on a case-by-case basis and likely will result in the successful acquisition of additional inholdings. This would help improve effective management of state-owned lands, since out-parcels create difficult land management issues. Examples of these types of issues involve private landowners requesting easements to their property in locations that are undesirable to land managers, land managers' inability to fence large tracts or having to provide owners with keys to gates, unauthorized trespass, and DEP's Division of State Lands (DSL) having to grant utility easements across state property to benefit privately owned out-parcels. Deleting this provision also allows DSL, in consultation with the managing agency, in the event that a managing agency is under lease on the property, to weigh the importance of acquiring a particular parcel in determining the terms and conditions of an exchange. DEP has determined the preliminary text of the rule amendment. If there are no successful challenges to the proposed language, DEP seeks approval of the delegation of authority to certify this amendment to the Department of State without further consideration by the Board of Trustees. (See Attachment 3, Pages 1-2) RECOMMEND APPROVAL **************************** Item 4 Hamilton Timberlands, LLC Option Agreement/Florida Fish and Wildlife Conservation Commission/Fish and Wildlife Habitat Program REQUEST: Consideration of an option agreement to acquire 1,425.8 acres by the Florida Fish and Wildlife Conservation Commission under the Commission's Fish and Wildlife Habitat Program from Hamilton Timberlands, LLC. COUNTY: Hamilton APPLICANT: Florida Fish and Wildlife Conservation Commission (FWCC) LOCATION: Sections 29 through 32, Township 01 North, Range 13 East; and Section 25, Township 01 North, Range 12 East CONSIDERATION: $1,817,895 (FWCC Land Acquisition Trust Fund)
* $1,275
per acre STAFF REMARKS: Article IV, section 9, of the Florida Constitution establishes the Fish and Wildlife Conservation Commission with the power to exercise the regulatory and executive powers of the state with respect to fish and wildlife. Under this authority, FWCC has promulgated Rule 68A-27 to provide for permits, prohibitions, and the listing of endangered and threatened species.
**************************** The Fish
and Wildlife Habitat program was created to assist FWCC with the implementation
of the regulatory provisions of Rule 68A-27 by providing an alternative
mitigation process for offsetting impacts to listed wildlife. To comply
with these provisions, landowners may obtain a permit for the taking of
species of special concern, such as the gopher tortoise, by either protecting
land on-site within a development, or by making payments to the Land Acquisition
Trust Fund, identified in section 372.074, F.S. Once sufficient funds
are available, FWCC uses the trust fund to purchase and manage habitat
important to the protection of listed wildlife. This program improves
the biological effectiveness of listed species habitat protection by consolidating
habitat protection areas into larger tracts, implementing listed species
habitat management plans, and providing for long-term management by endowing
each park with a dedicated funding source. It also provides developers
with an important option for resolving conflicts between wildlife and
new development.
Board of
Trustees **************************** Item 4, cont. Land purchases through this program will be in compliance with chapter 259, F.S. This acquisition was negotiated by FWCC under the FWCC Habitat program pursuant to section 372.074, F.S., and is being purchased with funds received through that program. The Department of Environmental Protection (DEP) and FWCC have found that mitigation banking as defined in chapter 373, F.S., is not a part of this project. The entire property is encumbered with outstanding oil, gas, and mineral interests. A complete title examination will determine if any of the current owners of those rights have access over the surface. The appraisers considered the outstanding oil, gas, and mineral interests in their appraisals. Title work is now being researched to determine if a two-acre cemetery is part of this acquisition or if it remains in the name of the previous owner. If it is determined that the cemetery is part of this acquisition, any issues regarding the cemetery will be resolved in the closing process. FWCC, the future managing agency, will be able to manage the property with the cemetery and the outstanding interests in place, if necessary. 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 survey and an environmental site assessment will be provided by the seller prior to closing. FWCC will reimburse the seller's cost of the survey and the environmental site assessment at closing. The purchaser will provide the title insurance policy for the property prior to closing and be reimbursed by FWCC at closing. This property adjoins the Holton Creek Conservation Area owned by the Suwannee River Water Management District and managed by the FWCC. Other factors that were important in the selection of this site include: (1) suitable gopher tortoise density; (2) cost; (3) ease of management; (4) contiguity with other public lands; and (5) inclusion on the current FWCC acquisition list. Although the tract has been largely converted to pine plantation, past management of the site has left suitable understory components for high quality gopher tortoise habitat and site restoration. The property provides potentially important habitat for a number of listed species, including gopher tortoise, Sherman's fox squirrel, Florida pine snake, Florida mouse, short-tailed snake, and gopher frog, among others. Acquisition of the site will preserve natural resources, and provide additional habitat for listed and other species that are important to the conservation of fish and wildlife. The property will be managed by FWCC as a Wildlife And Environmental Area primarily to provide optimum habitat for listed wildlife populations and wildlife viewing and educational programs. This acquisition is consistent with section 187.20(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan (See Attachment 4, Pages 1- 36) RECOMMEND APPROVAL Board of
Trustees **************************** Substitute Item 5 TNC Assignment of Purchase Agreement/Lake Wales Ridge Florida Forever Project/Acceptance of Trustee Deed/DOA to Waive Special Warranty Deed REQUEST: Consideration of (1) the acceptance of an assignment of a purchase agreement to acquire 0.5 acre within the Lake Wales Ridge Florida Forever project from The Nature Conservancy; (2) the acceptance of a trustee's deed for the acquisition; and (3) the delegation of authority to the Secretary of the Department of Environmental Protection, or his designee, to waive the requirement contained in section 259.041(12), F.S., that conveyances to the Board of Trustees of fee title shall be made by no less than a special warranty deed for acquisitions that otherwise qualify for Department of Environmental Protection's exercise of delegated authority. COUNTY: Highlands LOCATION: Section 20, Township 36 South, Range 29 East CONSIDERATION: $5,000 ($4,800 for the acquisition and $200 for the purchase of the purchase agreement)
* $10,000
per acre STAFF REMARKS: The Lake Wales Ridge Ecosystem project is an "A" group project on the Florida Forever Full Fee Project List approved by the Board of Trustees on May 15, 2001. The project contains 43,089 acres, of which 23,309.79 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 19,778.71 acres or 46 percent of the project will remain to be acquired. Pursuant to a multi-party acquisition agreement entered into between the Division of State Lands (DSL) and The Nature Conservancy (TNC), TNC has acquired an option to purchase two lots from Gregory K. Crews, Bankruptcy Trustee for Mary Moschouris. Under the terms of the contract the Bankruptcy Trustee will provide a trustee deed in lieu of a special warranty deed, which is required under section 259.041(12), F. S. After this acquisition is approved, the Board of Trustees will acquire the assignment from TNC for $200, which represents an agreed upon compensation to TNC for overhead associated with acquiring the agreement. The assignment agreement provides that payment to TNC is contingent upon the Board of Trustees successfully acquiring the property from the owner. The purchase agreement further provides that in no event will the purchase price for the assignment and the purchase price of the property exceed the DSL approved value of the property. Acceptance of a trustee's deed from a bankruptcy trustee is reasonably prudent in a case where the debtor is not in possession; and the public's interest is reasonably protected by title insurance. Section 259.041(1),
F.S., authorizes the Board of Trustees to waive the requirements of section
259.041, F.S., and to substitute other reasonably prudent procedures.
With respect to the delegation of authority requested above, the waiver
of the statutory requirement will only be considered in those instances
where the title of the Board of Trustees shall be insured by a title insurance
policy without an exception for the validity of the form or intent of
the deed of conveyance, the Department of Environmental Protection's (DEP)
Office of General Counsel has approved the form and content of the commitment
to issue said title insurance policy, and the Secretary of DEP, or his
designee, determines that the acceptance of less than a special warranty
deed is in the best interest of the public. In such instances the public's
interest is reasonably protected by the issuance of a title insurance
policy insuring the title of the Board of Trustees. **************************** Substitute Item 5, cont. 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 prior to closing. 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. The Lake Wales Ridge Ecosystem project is designed to protect the best remaining tracts of this scrub and the ecosystems associated with it, thereby preserving numerous endangered species and allowing the public to see examples of the unique original landscape of the ridge. The Florida Fish and Wildlife Conservation Commission will manage the property under a single-use concept as a unit of the Lake Wales Ridge Ecosystem. This acquisition is consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan. (See Attachment 5, Pages 1-23) RECOMMEND APPROVAL **************************** Substitute Item 6 The Nature Conservancy Charitable Trust Assignment of Option Agreement/Panther Glades Florida Forever Project/Designation of Managing Agencies/Confirmation of Management Policy Statement REQUEST: Consideration of (1) the acceptance of an assignment of an option agreement to acquire 21,673.5 acres, consisting of Parcels A and B, within the Panther Glades Florida Forever project from The Nature Conservancy Charitable Trust; (2) designation of the Florida Fish and Wildlife Conservation Commission as the lead managing agency with the Department of Agriculture and Consumer Services, Division of Forestry as a cooperating agency; and (3) confirmation of the management policy statement. COUNTY: Hendry LOCATION: Sections 01 through 04, 09 through 15, 22 through 27 and 34 through 36, Township 46 South, Range 31 East; and Sections 03 through 10, 15 through 22 and 27 through 34, Township 46 South, Range 32 East CONSIDERATION:
$35,425,000 ($35,325,000 for the acquisition of Parcel A and $100,000
for the purchase of the option agreement) plus 90 percent of the future
DSL approved value of Parcel B
**************************** Substitute Item 6, cont. STAFF REMARKS: The Panther Glades project is an "A" group project on the Florida Forever 2002 Interim Report Full Fee Project List being presented to the Board of Trustees on this agenda. The project contains 49,160 acres, of which these are the first to be acquired. After the Board of Trustees approves this agreement, 29,520.4 acres, or 60 percent of the project, will remain to be acquired. Pursuant to a multi-party acquisition agreement entered into between the Division of State Lands (DSL) and The Nature Conservancy Charitable Trust (TNC), TNC has acquired an option to purchase a total of 21,673.5 acres from Hilliard Brothers of Florida, Ltd., and Joe A. Hilliard and Joe Marlin Hilliard, Trustees. This acquisition was negotiated by DSL and TNC. After this acquisition is approved, the Board of Trustees will acquire the option from TNC for $100,000, which represents the total agreed upon compensation to TNC for overhead associated with acquiring the option. The Board of Trustees may then exercise the option and purchase the property. The assignment of option agreement provides that payment to TNC is contingent upon the Board of Trustees successfully acquiring the property from the owner. The assignment of option agreement further provides that in no event will the purchase price for the option and the purchase price of the property exceed the DSL approved value of the property. The subject property is divided into two parcels. Parcel A contains approximately 19,639.6 acres and Parcel B, included in the option agreement being presented here, contains approximately 2,033.9 acres that are currently under lease to U.S. Sugar Corporation. The closing on Parcel A shall be on or before 150 days after the Board of Trustees approval of this agreement. The lease on Parcel B will be terminated in December of 2003, to accommodate the seller and U.S. Sugar Corporation, with the closing to take place in March of 2004. Upon termination of the lease in December of 2003, Parcel B will be appraised and acquired at the same percentage of purchase price to appraised value as Parcel A. Prior to closing Parcel B, DSL staff will submit appraisal information to the Board of Trustees along with notification of the impending closing date. The terms of the option agreement provide for the seller to continue grazing cattle on the property under a use agreement for a period of 18 months following the date of closing. At the end of 18 months, all cattle will be removed from the westerly portion, which contains approximately 10,880 acres, and allowed to graze only on the easterly portion for a period of up to 48 months after the date of closing. Public access will be available at closing on the westerly portion of the property and the easterly portion will be open to the public at the end of the term of the use agreement. The property also contains a 558-acre Valencia orange citrus grove. The seller has committed to assist the purchaser in providing a temporary manager for the grove until such time as the Florida Fish and Wildlife Conservation Commission (FWCC) assumes management of this grove. If the Board of Trustees approves this item, DEP staff may return with a proposal to swap the fee title for the grove, while retaining a conservation easement on it, for an easement over the grove to the south. This will provide the desired connection with the remainder of the Panther Glades Florida Forever project. The property is improved with four concrete block homes, one framed house, one mobile home, five cow pens, five barns, pumps and wells. There are also outstanding oil, gas and mineral reservations that the seller will acquire prior to closing. Any tomato production being conducted on the property shall be terminated prior to closing on Parcel A. 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 **************************** Substitute Item 6, cont. 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 proposal consists of a landscape mosaic of forested uplands interspersed among forested wetland communities. The ecosystem encompassed by the proposal is a large landscape and watershed in south-central Hendry County that includes portions of both the Big Cypress and Kissimmee Billy Strand. The Panther Glades proposal is important to many wildlife species, particularly those that require extensive areas of habitat to maintain viable populations. The parcel being considered today, though 80 percent converted to improved pasture with an additional 2,500 acres, more or less, converted to sugarcane and citrus, is currently used by Florida panthers, and once it is restored it will provide habitat needed for the long-term preservation of this federally endangered species. The more intact natural communities lie in the northwestern portion of the property and include cypress stand and dome swamp. The parcel also will help to create a corridor between the Okaloacoochee Slough State Forest and the Big Cypress National Preserve. Pursuant to section 259.032(9)(e), F.S., staff recommends that the Board of Trustees designate FWCC as the lead managing agency for this site with the Department of Agriculture and Consumer Services, Division of Forestry as a cooperating agency. It will be managed as a wildlife management area. Section 259.032(9)(e), F.S., requires that the Board of Trustees, concurrent with its approval of the initial acquisition agreement within a project, "evaluate and amend, as appropriate, the management policy statement for the project as provided by section 259.035, F.S., consistent with the purposes for which the lands are acquired." The management policy statement for this project was included in the 2001 Florida Forever Annual Report adopted by the Board of Trustees on May 15, 2001. Staff recommends that the Board of Trustees confirm the management policy statement as written: The principal
purposes of the project are to protect significant natural habitat important
to the Florida panther and numerous other species of concern, as well
as to restore and preserve the hydrological connection with protected
lands to the south and to the northwest. This part of the state is rapidly
being converted to agricultural and residential/commercial uses. This acquisition is consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan. (See Attachment 6, Pages 1- 104) RECOMMEND APPROVAL |
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