Item 1 Minutes

Submittal of the minutes of the February 13, 1996 Cabinet meeting.

RECOMMEND ACCEPTANCE

Item 2 Board of Regents/University of Florida Conveyance

REQUEST: Consideration of a request to convey certain parcels of Board of Trustees' land at the University of Florida to the sororities or fraternities that occupy the premises.

COUNTY: Alachua

APPLICANT: The Board of Regents and the University of Florida

LOCATION: Township 10 South, Ranges 19 and 20 East

STAFF REMARKS: In 1954, the State Board of Education authorized the issuance of revenue certificates in the approximate amount of $1,000,000 in accordance with the terms of a loan agreement between the Board of Control and the United States of America, Housing and Home Finance Agency. The purpose was to obtain financing for the construction of small fraternity and sorority houses on the campus of the University of Florida. The organizations that took advantage of the opportunity entered into leases with options to purchase with the State Board of Education. The option to purchase could have been exercised within one year from the date notice was given by the state that the premises were completed and ready for occupancy. If the options were exercised, title would pass to the organizations upon payoff of the revenue certificates.

Neither the Board of Regents nor the University have been able to produce documents which clearly demonstrate that the options were exercised. However, financial records appear to show that the required payments have been made and that the certificates have been paid.

The fraternities and sororities are now trying to obtain financing for major renovations which requires them to hold title. For this reason, the Board of Regents and the University are requesting that the conveyances be made as if the options had been exercised, as that was the original intent of the parties.

A consideration of the status of any local government comprehensive plans was not made for this item. The department has determined that the transfer of real property is not subject to the local government planning process.

(See Attachment 2, Pages 1-19)

RECOMMEND APPROVAL

Item 3 Repeal Rules 18-21.014, 18-21.015, 18-21.017, and 18-21.018, F.A.C./Amend Rule 18-21.019, F.A.C

REQUEST: Consideration of a request to (1) repeal Rules 18-21.014, 18-21.015, 18-21.017, and 18-21.018, F.A.C.; and (2) amend Rule 18-21.019, F.A.C.

Board of Trustees

Agenda - March 28, 1996

Page Two

Item 3, cont.

APPLICANT: Division of State Lands

LOCATION: Statewide

STAFF REMARKS: By Executive Order 95-74, Governor Chiles directed each state agency to identify rules that should be repealed because such rules are obsolete; are unnecessary for organization or procedure; merely track statutory language; are required by statute even though the agency does not need the rule to implement the legislative direction; were adopted pursuant to section 120.535, F.S.; or are unnecessary.

All rules affected by this action relate to Sovereignty Submerged Lands Management. The rules proposed for repeal are obsolete, because they have been incorporated into the rule proposed for amendment. The proposed amendment to Rule 18-21.019, F.A.C., consolidates and clarifies rules that clear title to filled formerly sovereignty lands and for reclamation of lands lost due to an avulsive event and provides for standardization of related fees.

Notices of Proposed Repeal and Amendment were published on these rules in the Administrative Weekly on December 29, 1995. No requests for public hearing were received.

(See Attachment 3, Pages 1-28)

RECOMMEND APPROVAL

Item 4 Archie Carr Sea Turtle Refuge CARL Project/CWE Liquidating Trust Option Agreement

REQUEST: Consideration of an option agreement to acquire 0.58 acres within the Archie Carr Sea Turtle Refuge CARL project from Clyde E. Williams, Jr., Trustee of the CWE Liquidating Trust.

COUNTY: Brevard

LOCATION: Section 21, Township 28 South, Range 38 East

CONSIDERATION: $ 362, 000

		APPRAISED BY
REVIEW		MILLER	HOUHA	APPROVED	PURCHASE	OPTION
NO.	ACRES	(12/08/94)	(01/11/95)	VALUE	PRICE	DATE
605001	0.58	$405,000	$335,000	$405,000	$362,000	7/31/96

STAFF REMARKS: The Archie Carr Sea Turtle Refuge CARL project is ranked number 3 on the CARL Priority Project List approved by the Board of Trustees on February 14, 1995, and is eligible for negotiation under the Division of State Lands' Land Acquisition Workplan. The Archie Carr Sea Turtle Refuge CARL project was designed principally to protect sea turtle nesting habitat. The proposed acquisition would add to several public ownerships protecting undeveloped Atlantic Coast shoreline. This project contains 948 acres, of which 289.65 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves these agreements, 657.77 acres or 69.39 percent of the project will remain to be acquired.

Board of Trustees

Agenda - March 28, 1996

Page Three

Item 4, cont.

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

A certified survey will be provided by the purchaser and an environmental site assessment will be provided by the seller prior to closing.

Although sea turtle nesting occurs from the southern tip of Texas to the southern coast of Virginia, a 20 mile stretch of beach in Brevard and Indian River County, Florida, is one of the most significant nesting areas for Loggerhead Sea Turtles in the world; the most significant nesting area for Green Sea Turtles in the western hemisphere; and an occasional nesting area for the Leatherback Sea Turtle, one of the largest and rarest sea turtles. Stretches of quiet, undisturbed sandy beaches, with little or no artificial light, are essential to the reproductive success and survival of sea turtles. For thousands of years, sea turtles have returned each year to these beaches to lay their eggs and continue the species. The Archie Carr Sea Turtle Refuge project is designed to help protect the habitat and assure the continued survival of these endangered sea turtles.

This property will be managed on an interim basis by the Division of Recreation and Parks with all management activities being directed toward the preservation of the sea turtle nesting beaches.

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

(See Attachment 4, Pages 1-27)

RECOMMEND APPROVAL

Item 5 Archie Carr Sea Turtle Refuge CARL Project/Brevard County Purchase Agreement

REQUEST: Consideration of a purchase agreement to acquire 31.81 acres within the Archie Carr Sea Turtle Refuge CARL project from Brevard County.

COUNTY: Brevard

LOCATION: Section 33, Township 20 South, Range 38 East

CONSIDERATION: $ 3,100,000

		APPRAISED BY
REVIEW		MILLER	ZEGEL	APPROVED	PURCHASE	CLOSING
NO.	ACRES	(01/15/94)	(08/15/93)	VALUE	PRICE	DATE
605002	31.81	$3,100,000	$2,600,000	$3,100,000	$3,100,000	90 days after
BOT approval

STAFF REMARKS: The Archie Carr Sea Turtle Refuge CARL project is ranked number 3 on the CARL Priority Project List approved by the Board of Trustees on February 14, 1995, and is eligible for negotiation under the Division of State Lands' Land Acquisition Workplan. The Archie Carr Sea Turtle Refuge CARL project was designed principally to protect sea turtle nesting habitat. The proposed acquisition would add to several public ownerships protecting undeveloped Atlantic Coast shoreline. This project contains 948 acres, of which 290.23 acres

Board of Trustees

Agenda - March 28, 1996

Page Four

Item 5, cont.

have been acquired or are under agreement to be acquired. After the Board of Trustees approves these agreements, 625.96 acres or 66.03 percent of the project will remain to be acquired.

Pursuant to a multi-party acquisition agreement entered into between the Division of State Lands and Brevard County (County), the County acquired the Jacobson parcel consisting of 31.81 acres on September 7, 1994 for $3,137,000. If this item is approved, the Board of Trustees will reimburse the County for $3,100,000. In no event will the purchase price exceed the approved value of the property.

At the time the County purchased the property, the Division of State Lands had not completed its review of the appraisals. Since the property consists of two parcels separated by a road, the appraisals indicated, on an individual basis, a value of $3,137,000; however, in the final reconciliation, a value of $3,100,000 was determined. Pursuant to the multi-party agreement, the Board of Trustees' purchase price may not exceed the approved value.

On February 20, 1996, the Board of County Commissioners of Brevard County approved the proposed conveyance to the state for $3,100,000, the approved value of the property. Staff recommends the reimbursement of the approved value of $3,100,000.

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

A certified survey, environmental site assessment and title insurance policy will be provided by the seller, prior to closing, with purchaser reimbursing the seller for the actual reasonable costs.

Although sea turtle nesting occurs from the southern tip of Texas to the southern coast of Virginia, a 20 mile stretch of beach in Brevard and Indian River Counties, Florida, is one of the most significant nesting areas for Loggerhead Sea Turtles in the world; the most significant nesting area for Green Sea Turtles in the western hemisphere; and an occasional nesting area for the Leatherback Sea Turtle, one of the largest and rarest sea turtles. Stretches of quiet, undisturbed sandy beaches, with little or no artificial light, are essential to the reproductive success and survival of sea turtles. For thousands of years, sea turtles have returned each year to these beaches to lay their eggs and continue the species. The Archie Carr Sea Turtle Refuge project is designed to help protect the habitat and assure the continued survival of these endangered sea turtles.

Brevard County, with support from other agencies, will manage the site with all management activities being directed toward the preservation of the sea turtle nesting beaches.

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 1-26)

RECOMMEND APPROVAL

Board of Trustees

Agenda - March 28, 1996

Page Five

Item 6 Scrub Jay Refugia CARL Project/Brevard County Purchase Agreements/Management Policy Statement Confirmation

REQUEST:  Consideration of (1) two purchase agreements to acquire 140.80 acres within the Scrub Jay Refugia CARL project from Brevard County; (2) designation of Brevard County, with support from other agencies, as managing agency for Scrub Jay Refugia; and (3) confirmation of the management policy statement for Scrub Jay Refugia.

COUNTY:  Brevard

LOCATION: Section 22, Township 25 South, Range 36 East

CONSIDERATION:  $1,016,500

APPRAISED BY

REVIEW Benson Houha APPROVED PURCHASE CLOSING

NO. PARCEL ACRES (12/17/93) (01/03/94) VALUE PRICE DATE

605003 Tabbacchi 84.23 $1,500,000 $1,348,000 $1,500,000 $ 591,500 90 days

605004 Pearce 56.57 $1,100,000 $ 961,700 $1,100,000 $ 425,000 after BOT

140.80 $2,600,000 $1,016,500 approval

STAFF REMARKS:  The Scrub Jay Refugia CARL project is ranked number 5 on the CARL Bargain/Shared Project List approved by the Board of Trustees on February 14, 1995, and is eligible for negotiation under the Division of State Lands' Land Acquisition Workplan. This project contains 9,679 acres, of which these are the first to be acquired. After the Board of Trustees approves these agreements 9,538.20 acres or 98.55 percent of the project will remain to be acquired.

The Scrub Jay Refugia CARL project is a Bargain/Shared project in which the Board of Trustees' purchase price for the property shall be the lesser of an amount equal to 50 percent of the purchase price of all parcels acquired in the project plus 50 percent of the closing costs incurred in the acquisition of all of the parcels acquired in the project; or 50 percent of the maximum value of all the parcels acquired in the project plus 50 percent of the closing costs incurred in the acquisition of all of the parcels acquired in the project. Pursuant to a multi-party acquisition agreement entered into between the Division of State Lands and Brevard County (County), the County acquired the Tabbacchi parcel consisting of 84.23 acres on January 12, 1995 for $1,183,000 and the Pearce parcel consisting of 56.57 acres on February 9, 1995 for $850,000. If this item is approved, the Board of Trustees will reimburse the County for 50 percent of the purchase price for each property. In no event will the purchase price exceed the approved value of the property.

On February 20, 1996, the Board of County Commissioners of Brevard County approved the proposed purchase agreements for conveyance to the state for $1,016,500, 50 percent of the County's purchase price.

A certified survey, environmental site assessment and title insurance policy will be provided by the seller prior to closing, with the purchaser reimbursing the seller for 50 percent of the actual reasonable costs.

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

The strip of coastal scrub that once paralleled the Indian River in Brevard County is now a set of small fragments surrounded by housing developments. The Scrub Jay Refugia project will

Board of Trustees

Agenda - March 28, 1996

Page Six

Item 6, cont.

preserve a few of the best fragments, thus helping to ensure the survival of the endangered scrub jay and scrub itself in the county, and providing areas where the public can learn about and appreciate this unique landscape.

Pursuant to section 259.032(9)(b)2., F.S., staff recommends that the Board of Trustees designate Brevard County as the managing agency with support from other agencies to manage the project for natural resource conservation, passive recreation and environmental education.

Section 259.032(9)(b)2., F.S., also contemplates that the Board of Trustees, concurrent with its approval of this acquisition agreement, would ". . . evaluate and amend, as appropriate, the management policy statement for the project as provided by s. 259.035, F.S., consistent with the purposes for which the lands are acquired." The management policy statement for this project was approved by the Board of Trustees on February 13, 1996, and staff does not recommend any amendment to the management policy statement at this time.

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

(See Attachment 6, Pages 1-41)

RECOMMEND APPROVAL

Item 7 Tate's Hell Carrabelle Tract CARL Project/The Nature Conservancy/Coastal Timber Resources Option Agreement

REQUEST: Consideration of the acquisition of an option agreement to acquire 17,992 acres within the Tate's Hell Carrabelle Tract CARL project from The Nature Conservancy (TNC).

COUNTY: Franklin

LOCATION: Sections 02-11, 15-22 and 28-30, Township 06 South, Range 04 West

Sections 01-03, 10-15, 22-27, 34 and 35, Township 06 South, Range 05 West

CONSIDERATION: $7,882,000 ($7,800,000 for the acquisition; $82,000 for the purchase of the option agreement)

	APPRAISED BY
REVIEW		King	Rogers	APPROVED	PURCHASE	OPTION
NO .	ACRES	(01/09/96)	(08/23/95)	VALUE	PRICE	DATE
605005	17,992	$10,345,000	$10,345,000	$9,722,600	$ 7,800,000	5/15/96

STAFF REMARKS: The Tate's Hell Carrabelle Tract CARL project is ranked number 9 on the CARL Priority Project List approved by the Board of Trustees on February 14, 1995, and is eligible for negotiation under the Division of State Lands' Land Acquisition Workplan. This project contains 214,520 acres, of which 72,619 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 123,909 acres or 57.76 percent of the project will remain to be negotiated.

Pursuant to a multi-party acquisition agreement entered into between the Division of State Lands and TNC, TNC has acquired an option to purchase 17,992 acres within the Tate's Hell Carrabelle Tract CARL project from Coastal Timber Resources, L.L.C., a Louisiana limited liability company, authorized to transact business in the State of Florida as Coastal Timber Board of Trustees

Agenda - March 28, 1996

Page Seven

Item 7, cont.

Resources, L.L.C. After this acquisition is approved, the Board of Trustees will acquire the option from TNC for $82,000 which represents TNC's costs 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 statutory maximum value of the property.

Title information revealed that outstanding mineral interests and a timber-cutting agreement encumber the property. The outstanding mineral interests (which affect only a portion of the property) are derived from a 99-year oil, gas and mineral reservation in favor of J.F. Cochran and F.M. Phillips, commencing on January 1, 1920. Based upon available information, the undivided 1/2 interest reserved by F.M. Phillips now appears to be owned by seven individual owners. The current owner of the undivided 1/2 interest reserved by J.F. Cochran is unknown (no further claims as to this interest appear in the county public records). Based upon available title information, it appears that the surface right of entry is in effect as to the Phillips interest, but barred by the Marketable Record Title Act (chapter 712, F.S.) as to the Cochran interest. A mineral study has been conducted on the property and reviewed by the Bureau of Geology. The only mineral found to have economic importance at the present time is limestone. The potential for mining on this property is possible as a result of there being an active mining operation in close proximity to the site. The Bureau of Appraisal has reviewed the mineral study and the appraisals have incorporated a mineral value as part of the overall value. The Division of Forestry, the managing agency, has determined that the property can be effectively managed without obtaining a release of the outstanding mineral interests or the timber-cutting agreement. In addition, members of the CARL staff have recommended that the state acquire the property with these outstanding interests in place.

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

A certified survey will be provided by the seller prior to closing with the purchaser reimbursing the seller for the actual, reasonable cost of the survey. An environmental site assessment will be provided by the seller prior to closing.

The remote flatwoods and swamps spreading for miles through Franklin County from the Apalachicola to the Ochlockonee rivers, though logged, are critical to the survival in north Florida of black bear and other wildlife that need large unpopulated areas. The Tate's Hell/Carrabelle Tract will conserve most of this land, maintaining a link of undeveloped land

with the Apalachicola National Forest and the Apalachicola National Estuarine Research Reserve, preserving the water quality of creeks that flow into productive Apalachicola Bay, and letting the public hunt, fish, canoe, or simply view the plants and animals in this uniquely large landscape.

The Tate's Hell property will be managed as a state forest by the Division of Forestry under multiple-use concepts.

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 7, Pages 1-34)

RECOMMEND APPROVAL

Board of Trustees

Agenda - March 28, 1996

Page Eight

Item 8 Maritime Hammock Initiative CARL Project/Brevard County Purchase Agreements/Management Policy Statement Confirmation

REQUEST:  Consideration of (1) five purchase agreements to acquire 54.06 acres within the Maritime Hammock Initiative CARL project from Brevard County; (2) designation of Brevard County, with support from other agencies, as managing agency for Maritime Hammock Initiative; and (3) confirmation of the management policy statement for Maritime Hammock Initiative.

COUNTY:  Brevard

LOCATION: Section 33, Township 28 South, Range 38 East

Section 10, Township 38 East, Range 38 East

Section 10, Township 29 South, Range 38 East

Section 14, Township 29 South, Range 38 East

CONSIDERATION:  $1,757,500

APPRAISED BY

REVIEW Miller Zegel APPROVED PURCHASE CLOSING

NO. PARCEL ACRES (01/15/94) (01/13/94) VALUE PRICE DATE

605006 Schmitt 8.26 $702,000 $620,000 $ 702,000 $ 350,000 90 days

605007 Brestin 8.50 $723,000 $640,000 $ 723,000 $ 355,000 after BOT

approval

Sutte Schieber

(09/01/94) (09/01/94)

605008 Vislocky 10.66 $375,000 $400,000 $ 400,000 $ 325,000

Sutte Schieber

(09/01/94) (09/01/94)

605009 Wagner 20.29 $925,000 $850,000 $ 925,000 $ 505,000

Miller Zegel

(08/17/93) (08/06/93)

605010 Coconut Pt 6.35 $445,000 $415,000 $ 445,000 $ 222,500

54.06 $3,195,000 $1,757,500

STAFF REMARKS:  The Maritime Hammock Initiative CARL project is ranked number 13 on the CARL Bargain/Shared Project List approved by the Board of Trustees on February 14, 1995, and is eligible for negotiation under the Division of State Lands' Land Acquisition Workplan. This project contains 616 acres, of which these are the first to be acquired. After the Board of Trustees approves these agreements 561.94 acres or 91.22 percent of the project will remain to be acquired.

The Maritime Hammock Initiative CARL project is a Bargain/Shared project in which the Board of Trustees' purchase price for the property shall be the lesser of an amount equal to 50 percent of the purchase price of all parcels acquired in the project plus 50 percent of the closing costs incurred in the acquisition of all of the parcels acquired in the project; or 50 percent of the maximum value of all the parcels acquired in the project plus 50 percent of the closing costs incurred in the acquisition of all of the parcels acquired in the project. Pursuant to a multi-party acquisition agreement entered into between the Division of State Lands (DSL) and Brevard County (County), the County acquired the Schmitt parcel consisting of 8.26 acres on July 20, 1994 for $700,000; the Brestin parcel consisting of 8.50 acres on July 26, 1994 for $710,000; the Vislocky parcel consisting of 10.66 acres on December 15, 1994 for $650,000; the Wagner parcel consisting of 20.29 acres on December 10, 1994 for $1,010,000; and the Coconut Point parcel consisting of 6.35 acres on August 1, 1994 for $445,000. If this item is approved, the Board of Trustees will reimburse the County for 50 percent of its purchase price for each property. In no event will the purchase price exceed the approved value of the property.

Board of Trustees

Agenda - March 28, 1996

Page Nine

Item 8, cont.

The appraisals for these acquisitions were completed and submitted for DSL review. Noting that the appraisals were not divergent and concerned that the properties might not be available for purchase when the appraisal review was complete, the County, acting in good faith, proceeded with negotiations for the purchase of the properties, including the Vislocky and Wagner parcels before the appraisal review was completed. The County was successful in acquiring the Vislocky and Wagner parcels below the initial lower appraisal.

Subsequent to the County's purchase of the Vislocky and Wagner parcels, it was determined that the appraisals for these two parcels did not take into account the Brevard County Comprehensive Plan which decreased the maximum density of four units (Wagner) and six units (Vislocky) per acre to one unit per acre. Staff did not approve these appraisals and had the two parcels reappraised. The revised appraisals established lower values for these two properties. However, due to the County's conservative negotiation strategy, the combined appraised value of all the properties was only 10 percent less than the County's combined purchase price.

Since (1) the County acted in good faith; (2) the proposed reimbursement equals only 55 percent of the approved value; and (3) the Board of Trustees will hold a 100 percent title interest, staff recommends that the County be reimbursed 50 percent of its purchase price and 50 percent of the actual reasonable costs of the survey, environmental site assessment and title insurance policy.

On February 20, 1996, the Board of County Commissioners of Brevard County approved the proposed conveyance of these parcels to the Trustees for $1,757,500.

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

The growth of Brevard County has reduced coastal hardwood hammocks, with their rich mixtures of tropical and temperate plants, to a few isolated remnants. The Maritime Hammock Initiative project will protect several of the best hammocks left, adding to existing conservation areas whenever possible. The project will also protect habitat critical to several rare plants and animals, preserve stepping stones of forest for migrating birds, and allow the public in this urbanizing area to learn about and enjoy these pieces of the original landscape.

Pursuant to section 259.032(9)(b)2., F.S., staff recommends that the Board of Trustees designate Brevard County as the managing agency, with support from other agencies, to manage the project for natural resource conservation, passive recreation and environmental education.

Section 259.032(9)(b)2., F.S., also contemplates that the Board of Trustees, concurrent with its approval of this acquisition agreement, would ". . . evaluate and amend, as appropriate, the management policy statement for the project as provided by s. 259.035, F.S., consistent with the purposes for which the lands are acquired." The management policy statement for this project was approved by the Board of Trustees on February 13, 1996, and staff does not recommend any amendment to the management policy statement at this time.

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

(See Attachment 8, Pages 1-112)

RECOMMEND APPROVAL

Board of Trustees

Agenda - March 28, 1996

Page Ten

Item 9 Save Our Everglades CARL Project/Jim O'Donnell Option Agreement/Survey Waiver

REQUEST:  Consideration of (1) an option agreement to acquire 160 acres within the Save Our Everglades CARL project from Jim O'Donnell; and (2) a request for survey waiver.

COUNTY:  Collier

LOCATION:  Sections 24, Township 50 South, Range 28 East

CONSIDERATION:  $195,000

		APPRAISED BY
REVIEW		(Bowen)	APPROVED	PURCHASE	OPTION
NO.	ACRES	(11/02/93)	VALUE	PRICE	DATE
605011	160	$200,000	$200,000	$195,000	04/30/96

STAFF REMARKS:  The Save Our Everglades CARL project is ranked number 4 on the CARL Mega-Multiparcels Priority List approved by the Board of Trustees on February 14, 1995, and is eligible for purchase under the Division of State Lands' Land Acquisition Workplan.  This project contains 202,347 acres, of which 155,795 acres have been acquired or are under agreement to be acquired.  After the Board of Trustees approves this agreement, 46,392 acres or 22.9 percent of the project will remain to be acquired.

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

A waiver of the requirement for a survey of this parcel is being requested pursuant to section 18-1.005, F.A.C., because, in the opinion of the Bureau of Survey and Mapping, the benefit of a survey of this parcel would be outweighed by the cost and time involved in obtaining the survey.

An environmental site assessment will be provided by the purchaser prior to closing.

The Option Agreement For Sale and Purchase in the backup to this item is somewhat confusing, therefore, an explanation follows. The Seller signed the Agreement first on October 30, 1995, agreeing to a purchase price of $190,000, but removed five acres from the legal description. After further negotiations, the Seller agreed to sell the five acres, but at the higher purchase price of $195,000. To expedite the transaction, the Seller's attorney used a copy of the Agreement previously signed, struck through the changes and had the Seller initial and date the changes.

This property will be managed by the Division of Forestry as part of the Picayune Strand State Forest.

The life of the Everglades system, the largest freshwater marsh and swamp complex in the United States, depends upon shallow sheets of water that flow from the Lake Okeechobee area. The Save Our Everglades project will protect and restore this life-giving flow in three areas in the western part of the system, including the last stronghold of the Florida panther as well as the headwaters of the largest tropical strand swamp in the country, the Fakahatchee Strand. The project will also help to protect the rich mangrove swamps and estuaries of the Ten Thousand Islands downstream.

Board of Trustees

Agenda - March 28, 1996

Page Eleven

Item 9, cont.

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 9, Pages 1-14)

RECOMMEND APPROVAL

Item 10 Cayo Costa Island CARL Project/Logan/Johnson Trust Option Agreement/ Survey Waiver

REQUEST:  Consideration of (1) an option agreement to acquire 21.5 acres (86 lots) within the Cayo Costa Island CARL project from the Logan/Johnson Trust; and (2) a waiver of survey.

COUNTY:  Lee

LOCATION:  Section 12, Township 44 South, Range 20 East

CONSIDERATION:  $300,400

	APPRAISED BY
REVIEW		(Bowen)	APPROVED	PURCHASE	OPTION
NO.	ACRES	(09/29/94)	VALUE	PRICE	DATE
605012	21.5	$375,500	$375,500	$300,400	04/30/96

STAFF REMARKS:  The Cayo Costa Island CARL project is ranked number 5 on the CARL Mega-Multiparcels Priority List approved by the Board of Trustees on February 14, 1995, and is eligible for negotiation under the Division of State Lands' Land Acquisition Workplan.  This project contains 1,932 acres, of which 1,587 acres have been acquired or are under agreement to be acquired.  After the Board of Trustees approves this agreement, 324 acres or 17 percent of the project will remain to be acquired.

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

A waiver of the requirement for a survey of these parcels is being requested pursuant to section 18-1.005, F.A.C., because, in the opinion of the Bureau of Survey and Mapping, the benefit of a survey of these parcels would be outweighed by the cost and time involved in obtaining the surveys.

This property will be managed by the Division of Recreation and Parks as part of Cayo Costa State Park.

Cayo Costa Island is a member of a chain of sandy barrier islands, including North Captiva, which protects the entrance to Charlotte Harbor, one of the largest and most productive estuaries in Florida. The Cayo Costa Island project will protect the beaches, dunes and hammocks of these islands, the largest barrier islands in natural condition in southwest Florida, while giving the residents and tourists a beautiful natural shore to enjoy for years to come.

Board of Trustees

Agenda - March 28, 1996

Page Twelve

Item 10, cont.

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

(See Attachment 10, Pages 1-28)

RECOMMEND APPROVAL

Item 11 Board of Regents/Florida State University/Board of Trustees/William F. Peters Purchase Agreement

REQUEST: Consideration of a purchase agreement among the Florida Board of Regents, Florida State University and the Board of Trustees to acquire 0.17± acre of land from William F. Peters.

COUNTY: Leon

APPLICANT: Florida State University

LOCATION: Section 35, Township 01 North, Range 01 West

CONSIDERATION: $155,900

	APPRAISED BY
REVIEW		CARLTON	APPROVED	PURCHASE	CLOSING
NO.	ACRES	(06/28/95)	VALUE	PRICE	DATE
605013	0.17±	$156,000	$156,000	$155,900	08/05/96

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

The property to be acquired is improved with a two­story brick quadraplex containing a total of 3,132 square feet. The site contains 7,500 square feet. Once the quadraplex is torn down the area will be used for parking. Ultimately, the area is slated for new construction with FSU's future expansion. The improvements will be removed as soon as FSU obtains all of the necessary permits.

All mortgages and liens will be satisfied at the time of closing. In the event the commitment for title insurance, to be obtained prior to closing, reveals any other encumbrances which may affect the value of the property or the proposed management of the property, staff will so advise the Board of Trustees prior to closing. FSU will reimburse the seller for the cost of the title insurance commitment and policy. This reimbursement shall not exceed the minimum promulgated rate.

A certified survey and environmental site assessment will be provided by the seller prior to closing with FSU reimbursing the seller for the cost of the survey and environmental site assessment.

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

Board of Trustees

Agenda - March 28, 1996

Page Thirteen

Item 11, cont.

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

(See Attachment 11, Pages 1-24)

RECOMMEND APPROVAL

Item 12 Belle Meade CARL Project Delegation of Authority/Survey Waiver

REQUEST:  Consideration of a request to (1) delegate authority to the Secretary of the Department of Environmental Protection, or her designee, to approve any agreement to purchase land within the Belle Meade CARL project when the price per parcel does not exceed $50,000; and (2) waive the survey for those parcels which meet certain criteria established by the Bureau of Survey and Mapping.

COUNTY:  Collier

LOCATION:  Belle Meade CARL Project, Collier County, Florida

STAFF REMARKS:  The Belle Meade CARL project is ranked number 4 on the CARL Priority Projects List approved by the Board of Trustees on February 14, 1995, and is eligible for negotiation under the Division of State Lands' Land Acquisition Workplan.  The Belle Meade CARL project was originally ranked as a Mega-Multiparcels project in 1994. However, because of the high estimated cost of acquisition, attributable primarily to the large acreage parcels, it was removed from the Mega-Multiparcels category and placed in the Priority projects category for 1995 and 1996. This project contains 15,767 acres, of which 408 acres or three percent of the total project has been acquired. The Belle Meade project contains approximately 540 separate ownerships ranging in size from two acres to 1,337 acres, with an estimate of 75 percent of the ownerships falling in the $50,000 or less value range.

During the 1994 legislative session, section 259.041, F.S., was established to provide land buying procedures for conservation lands. Under section 259.041(3), F.S., the Board of Trustees were given expanded legislative authority to delegate authority to the Department to approve purchases that do not exceed $1,000,000. Under prior authority granted from the legislature, on September 15, 1992, and again on February 10, 1993, the Board of Trustees approved delegations of authority for the purchase of parcels in the Mega-Multiparcels category with purchase prices that did not exceed $50,000.

In order to expedite the land acquisition process and provide for efficient processing of the lower valued parcels within the Belle Meade CARL project, staff recommends using the Mega-Multiparcels' acquisition guidelines. Mega-Multiparcels' operations are specifically geared to dealing with the challenges of the high volume of smaller ownerships present in this CARL project.

The majority of the Belle Meade purchases will involve a request of a waiver of survey, pursuant to section 18-1.005, F.A.C. The Bureau of Survey and Mapping recommends and requests that the Board of Trustees waive all surveys conditioned on a staff determination that the parcel(s) to be acquired meet(s) the following criteria:

Ø the particular parcel(s) is surrounded by state-owned lands or surrounded by lands the state intends to acquire:

Board of Trustees

Agenda - March 28, 1996

Page Fourteen

Item 12, cont.

Ø the parcel(s) or the parent tract has been surveyed since 1900, and the survey drawing is acceptable for computing acreage.

Ø the parcel(s) is in its natural unimproved condition; and

Ø the boundary of the parcel(s) does not adjoin fences or improvements other than those managed by the state.

Under these conditions, a survey will not be required. Additionally, benefit of a survey of these parcels would be outweighed by the cost and time involved in obtaining the surveys.

(See Attachment 12, Pages 1-3)

RECOMMEND APPROVAL

Item 13 Preservation 2000 Program/Georgia Southern/Florida Railroad Company Purchase Agreement

REQUEST: Consideration of (1) a purchase agreement to acquire 650.70 acres of abandoned railroad right-of-way from Georgia Southern and Florida Railroad Company, under the Preservation 2000 Rails-to-Trails program; and (2) release of $924,000 from the Preservation 2000 Bond Trust Fund for this acquisition.

COUNTIES: Union, Bradford, Clay and Putnam

APPLICANT: Office of Greenways and Trails

CONSIDERATION: $924,000 ($924,000 for the purchase of the property.)

Acres: Appraised by Appraised by Approved* Purchase Closing

Rogers 12/12/96 Clayton 11/30/96 value Price Date

650.70 $1,500,000 $1,400,000 $1,464,751 $924,000 10/30/96

* The appraised value was adjusted downward $35,249 based on a review of the title deficiencies and the cost to cure the deficiencies. Staff, along with outside legal counsel, have determined that these title deficiencies will not prevent the corridor from being used for the purpose of the Rails-to-Trails program.

STAFF REMARKS: The Rails-to-Trails program was created by a resolution of the Governor and Cabinet on March 4, 1986, and enacted into law by the Florida Legislature in 1987. The purpose of the program is to acquire and develop abandoned railroad right-of-way corridors for public recreational trail use.

This acquisition is the seventh negotiated acquisition under the Rails-to-Trails program and the fifth acquired by this agency under the Florida Preservation 2000 program. The acquisition consists of 45.7 miles of abandoned railroad right-of-way. The acquisition begins approximately two miles north of the St. Johns River in Palatka and extends northwesterly through Florahome, Keystone Heights and Hampton to State Road 238 in Lake Butler.

The purchase agreement provides for the survey, environmental site assessment and title insurance policy to be provided by the purchaser.

Board of Trustees

Agenda - March 28, 1996

Page Fifteen

Item 13, cont.

This acquisition is consistent with section 260.015, F.S. The property will be managed as a Rails-to-Trails project by the Office of Greenways and Trails as the lead management agency.

(See Attachment 13, Pages 1-14)

RECOMMEND APPROVAL

Item 14 Sarah E. Berger vs. Southern Hy-Power Corporation/BOT/DEP Final Order

REQUEST: Consideration of Proposed Final Order in the matter of Sarah E. Berger, Petitioner vs. Southern Hy-Power Corporation, Board of Trustees of the Internal Improvement Trust Fund and Florida Department of Environmental Protection, Respondents; Withlacoochee Area Residents, Inc., and Bernard Campbell, Intervenors.

APPLICANT: Office of Greenways and Trails and Southern Hy-Power Corporation

LOCATION: Levy County

CONSIDERATION: N/A

STAFF REMARKS: This matter is before the Board of Trustees (BOT) for the entry of a Final Order. Sarah E. Berger filed a Petition for an administrative hearing challenging the April 25, 1995, decision of the BOT approving a request from Southern Hy-Power Corporation to sublease, from the Office of Greenways and Trails, state lands located on the Withlacoochee River for the construction of a hydroelectric power plant. Ms. Berger argued that substantive state and federal permitting laws and rules had not been met; that the public trust doctrine and certain restrictions in deeds involving the subject property precluded the proposed use of the property.

Pursuant to section 120.57, F.S., the matter was referred to the Division of Administrative Hearings. On September 1, 1995, the Withlacoochee Area Residents, Inc., and Bernard Campbell filed a Motion and Petition to Intervene, which was granted on October 12, 1995. Respondent Southern Hy-Power's Motion to Strike and Motion in Limine was granted on October 17, 1995, holding that Hy-Power did not need to offer proof as to its ability to comply with environmental standards and that the public trust doctrine was not applicable in this proceeding. The final hearing was held on November 3, 1995, at Inglis, Florida. The only issue presented was whether any deed restrictions exist which would prevent the Board from authorizing the sublease of this property to Southern Hy-Power Corporation for development of hydroelectric power.

All of the parties timely filed proposed recommended orders. Based upon the testimony presented and exhibits admitted into evidence, the arguments of counsel for the parties and the proposed recommended orders submitted by the parties, the Hearing Officer recommended that a final order be entered by the BOT approving the Department's execution of the proposed sublease from the Office of Greenways and Trails to Southern Hy-Power, and dismissing the petitions of Ms. Berger and the Intervenors.

The proposed Final Order adopts the Recommended Order of the Hearing Officer, dismisses the petitions of Ms. Berger and the Intervenors, and directs the Office of Greenways and Trails to execute the proposed sublease.

Board of Trustees

Agenda - March 28, 1996

Page Sixteen

Item 14, cont.

Notice of this meeting of the Governor and Cabinet sitting as the Board of Trustees of the Internal Improvement Trust Fund has been given to all parties.

(See Attachment 14, Pages 1-6)