Cabinet Affairs

AGENDA BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND JANUARY 28, 1997

Item 2

COUNTY: Nassau

APPLICANT: Cary W. and Patricia D. Milligan

LOCATION: Marlborough Gables Subdivision, City of Callahan, Nassau County, Florida, being in Section 44, Township 22 North, Range 25 East. State Lands Inventory Numbers 45-1480.0 and 45-1490.0, containing 19.28 acres, more or less.

CONSIDERATION: $21,500

STAFF REMARKS: The Marlborough Gables Subdivision was originally platted in 1925. There are no improvements or legal access to the property. The state acquired title to 453 of the subdivision's 510 lots through the Murphy Act (chapter 18296, Laws of Florida, 1937) which provided for forfeiture to the State of Florida of lands on which delinquent taxes were outstanding in the form of unredeemed tax certificates. The lots measure approximately 25 x 100 feet for a total of 19.28 acres, more or less. Title subsequently vested in the Board of Trustees.

The Milligans own and farm the land abutting the subdivision to the north. They believe they have title to land within the subdivision, based upon a 1965 quitclaim deed, and have been farming it as well. Despite the deed, the Milligans contacted the Division of State Lands regarding obtaining title to the lots because the county records identify the state as the record owner of title. Staff negotiated two direct sales involving 117 lots in blocks one through four. Negotiated sales were allowed because the grouping of lots under the respective Murphy Act certificates resulted in two parcels less than five acres in size. Pursuant to section 18-2.020, F.A.C., parcels less than five acres in size and with a market value less than $100,000 do not have to be competitively bid. The lots were sold for the appraised market value of $11,128.

The remaining lots have been marketed together as a parcel that exceeds five acres in size. The property was appraised by William P. Davis, certified general real estate appraiser, on August 29, 1994, as having an appraised fair market value of $20,372.

The following is a tabulation of the bids received and considered by the advertised deadline:

OFFER SUBMITTED BY AMOUNT OF BID Cary W. and Patricia D. Milligan $21,500 Piyush L. Patel and Pragna Patel $30,000 While the bid submitted by the Patels was the highest bid received, it was made sight unseen. Page Two

They subsequently withdrew their bid after learning that there is no access and the property cannot be used for their intended purpose. Since the high bidders have withdrawn their bid prior to acceptance by the Board of Trustees, staff is recommending rejection of all bids and that the property be rebid.

A consideration of the status of the local government comprehensive plan was not made for this item. The Department of Environmental Protection has determined that surplus land sales are not subject to the local government planning process.

(See Attachment 2, Pages 1-13)

RECOMMEND REJECTION OF ALL BIDS

REQUEST: Consideration of a purchase agreement to acquire 515.74 acres within the Crystal River property area of the Florida Springs Coastal Greenway CARL project from Burnup & Sims Enterprises, Inc.

COUNTY: Citrus

LOCATION: Sections 13 and 14, Township 18 South, Range 16 East; and Section 18, Township 18 South, Range 17 East

CONSIDERATION: $3,900,000

				APPRAISED BY  
REVIEW			Schaefer    Dohring	   APPROVED   PURCHASE	CLOSING
  NO.	PARCEL	ACRES	 (12/10/95) (12/12/95)     VALUE      PRICE       DATE  
------  ------  ------   ----------  ----------  ----------  ---------   --------
701001	Burnup	515.74   $4,100,000  $3,640,000  $4,100,000 $3,900,000	02/28/97	

All mortgages and liens will be satisfied at the time of closing. Prior to closing, the seller shall have executed a Consent Order with the Department of Environmental Protection (DEP) in settlement of violations alleged in OGC case #92-0937. In addition, as a condition precedent to closing, payment of penalties and all restoration required pursuant to said Consent Order shall be completed to the DEP's satisfaction. In the event the seller has not fully complied with these provisions within 180 days of purchaser's approval of this agreement, purchaser may terminate this agreement in writing to seller and neither party shall have any further obligations under the contract. 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 and environmental site assessment will be provided by the purchaser prior to closing.

The ragged coastline of Citrus County, with its salt marshes, clear spring runs, hammocks and flatwoods, is being affected by the explosive growth of this part of the state. The Florida Springs Coastal Greenway project will conserve the natural landscape of this coast, protecting the water quality of the spring runs and estuaries where endangered manatees congregate, preserving natural lands that link with conservation lands to the south, and providing scenic areas in which the public can enjoy fishing, hiking, or learning about the natural world of this coast.

This property will be managed by the Division of Marine Resources, DEP as an addition to the Crystal River State Buffer Preserve.

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

(See Attachment 3, Pages 1-31)

RECOMMEND APPROVAL

REQUEST:  Consideration of (1) a purchase agreement to acquire 42.60 acres within the Belle Meade CARL project from August Miale, Jr., Trustee; and (2) a request for survey waiver.

COUNTY:  Collier

LOCATION:  Section 19, Township 50 South, Range 27 East

CONSIDERATION:  $73,700

 	                                      APPRAISED BY
                                                (Dane)
    
REVIEW      PARCEL	                             APPROVED   PURCHASE   CLOSING
  NO.         NO.       OWNER     ACRES   (11/28/95)   VALUE      PRICE      DATE       
-------    -------     ------     -----    --------  -------- ----------   -------                          
701002       280	Miale     42.60	  $76,680   $76,680    $73,700	  6 months after BOT
								          approval

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 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 parcel to be acquired meets all of the following conditions:

• the parcel or the parent tract has been surveyed since 1900, and the survey drawing is acceptable for computing acreage;
  
• the parcel is in its natural unimproved condition; and
  
• the boundary of the parcel does not adjoin fences or improvements other than those managed by the state.
  

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

The cypress swamps and old-growth slash pine flatwoods in the Belle Meade project, extending to the fast-developing suburbs of Naples, are still important for such endangered wildlife as Florida panthers, red-cockaded woodpeckers, and Florida black bear. Belle Meade is also the watershed for Rookery Bay. The Belle Meade CARL project will conserve the westernmost large natural area in southwest Florida, protect some of the southernmost populations of several rare animals, and help protect the quality of the subtropical estuary of Rookery Bay by preserving the critical hydrological connection from the flatwoods and swamps to the bay, while providing a large area for recreation in a natural environment to residents of and visitors to rapidly urbanizing southwest Florida.

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

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

(See Attachment 4, Pages 1-12)

RECOMMEND APPROVAL

DEFERRED FROM 12/10/96 BOT AGENDA

REQUEST: (1) Consideration of an application for a consent of use for the severance of 2.3 million cubic yards of sovereign material and waiver of fees for said material; (2) authorization for the temporary use of 34.5 acres of sovereignty, submerged lands as a spoil disposal site; (3) authorization for the eventual conversion of the 34.5 acres to a public, passive recreational park, consisting predominantly of created forested wetlands, stormwater treatment and conveyance systems and vegetated littoral shoreline; and (4) authorization to pursue a fee waiver lease for the purposes of maintaining this park.

COUNTY: Pinellas

LOCATION: Section 36, Township 31 South, Range 16 East, in Lake Maggiore, Class III Outstanding Florida Waters, within the local jurisdiction of the City of St. Petersburg/Pinellas County Aquatic Preserve: Pinellas County, Resource Protection Area 3.

CONSIDERATION: The project qualifies for waiver of the severance fee, pursuant to section 18-21.011(3)(c)1, F.A.C., which states the severed dredge material payment may be waived if the materials are being placed on public property and used for public purposes. In this case dredged materials are unusable as removed and the City will spend considerable dollars consolidating said materials for eventual disposal on public property. The project would also qualify for waiver of lease fees, pursuant to section 18-21.001(1)(b)10, F.A.C., which states "waivers, partial waivers, or exclusions of payment of the lease fees for government ...,educational.... organizations may be granted by the Board in the event that the proposed uses are in the public interest."

STAFF REMARKS: The Board of Trustees authorized a rule amendment on September 14, 1995, to "link" the two processes of regulatory and proprietary reviews and authorizations. The rule became effective October 12, 1995. As a result of this linkage, the recommended Department of Environmental Protection (DEP) regulatory permit decision and the recommendation to the Board of Trustees on the proprietary authorization are contained in one document, the "Consolidated Notice of Intent to Issue", which is attached. The attached consolidated intent contains a recommendation for issuance of a permit under Part IV of chapter 373, F.S., and a recommendation for granting authorization to use sovereignty, submerged lands under chapters 253 and 258, F.S., for the activity described therein. This recommendation is provided to the Board of Trustees pursuant to section 373.427(2), F.S. A description of the requested activity is provided in Section I, "Description of the Proposed Activity." The specific basis for recommending approval of the authorization to use sovereignty, submerged lands is contained in Section III "Background/Basis for Issuance."

Approval by the Board of Trustees is requested only for 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 an environmental resource permit and no challenges are successful, the Consolidated Notice of Intent will be issued and will contain general and specific conditions. In the event the Board of Trustees denies the use of sovereignty, submerged lands, whether or not the activity otherwise qualifies for an environmental resource permit, the DEP will issue a "Consolidated Notice of Denial" for both the environmental resource permit and the authorization to use sovereignty, submerged lands.

The City of St. Petersburg is proposing a restoration of Lake Maggiore, a 380-acre urban lake that represents a portion of the Pinellas County Aquatic Preserve. The lake is located within a highly developed area of the City of St. Petersburg and is surrounded by the 840-acre Lake Maggiore Regional Park, which includes 500 acres of preservation area on the west side of the lake. Other surrounding upland uses within the 3,332-acre watershed are predominantly single-family residential with sparse institutional and commercial activities. The watershed area was developed in the early part of this century prior to the implementation of stormwater management systems.

The applicant is proposing to hydraulically dredge 2.3 million cubic yards of sovereign material in the form of highly organic, fine grain sediments from the bottom of Lake Maggiore Page Six

for the purpose of improving its water quality. The problem of cleaning up the lake is exacerbated by the lack of suitable uplands on which to deposit the severed material for dewatering and drying. Therefore, the applicant is proposing that during the dredging operation 34.5 acres of lake bottom on the east shore be filled with dredged, cycloned sand/shell material for the creation of temporary upland drying beds extending above the ordinary high water line of the lake. Once the material dries the highly organic sediment component will be trucked to nearby Emerald Lake, an old borrow pit, and to the public landfill located in northern St. Petersburg. Approximately ten percent of the coarsest material (sand and shell) will be used to create the 34.5-acre drying cells which will eventually be converted to a passive park and other shoreline enhancements.

Once the dredging and spoil disposal process has been completed, the applicant is proposing to leave the original 34.5-acre sand/shell foundation for the disposal site in the lake, and build upon it a city-operated passive recreational park. The park would include 15.5 acres of forested wetlands, 0.5 acre of wetland swales, 8.0 acres of littoral zone, stormwater treatment facilities, boardwalks, nature trails, beach and environmental education displays. The applicant maintains that it is necessary for 10.5 acres of the spoil site to remain as high and dry uplands in order to stabilize the existing sediments underneath the spoil material. The applicant contends that budgetary constraints will not permit the removal and disposal of the sand/shell foundation or complete reclamation of the 34.5-acre site. The applicant will fund the construction of the wetlands, littoral zones, pathways, boardwalks, and beach associated with the passive recreational park from the City's Stormwater Utility Fund. The environmental resource permit states that the passive recreational park be completed and available for public access and use no later than December of 2002.

Numerous studies have been conducted in an effort to find solutions to the gradual nutrient enrichment and eutrophication that have occurred over many years in the lake. To date, restoration initiatives have included littoral zone construction along 1,200 linear feet of shoreline, cattail removal and the replacement of the outfall structure that controls lake staging and saltwater outflow (the lake is tidally connected to Tampa Bay via a channelized creek). The applicant, in coordination with the Southwest Florida Water Management District, is proposing to continue the lake restoration with alum treatment of stormwater and baseflow and the herein described sediment removal. The applicant has further demonstrated that dredging the lake will provide a long term improvement and enhancement of water quality by the removal of nutrient enriched sediments; the enhancement/creation of natural habitat; and reduction of total nitrogen loading into Tampa Bay in the amount of four tons per year. Also, the construction of stormwater treatment facilities on the 34.5-acre passive park site is expected to provide treatment for unimproved stormwater outfalls into Lake Maggiore. All of these improvements are expected to improve the trophic state index from a "poor" to a "fair" condition of the Lake.

Pursuant to section 258.42(3)(a), F.S., there is a general prohibition on dredging or filling in an aquatic preserve except for seven specific activities, which may be authorized if, in the opinion of the Board of Trustees, it will enhance the quality or utility of the preserve or public health generally. Quality and utility of the preserve, as defined in section 18-20.003(50) and (70), F.A.C., refer to the maintenance of the biological, aesthetic and scientific values of the preserve for present and future enjoyment in an essentially natural condition. The removal of the muck sediments from the lake bottom should help restore the lake to an essentially natural condition and enhance the overall quality and utility of the preserve and the public health generally because of the improvement in water quality that will result. It is also reasonable to argue that removing the muck is necessary for the protection of the health, safety and welfare of the public, pursuant to section 18-20.004(1)(e)10, F.A.C.

The applicant's proposal to use 34.5 acres of sovereign lake bottom for a spoil disposal site would appear to be consistent with rule and statutory guidelines for aquatic preserves. Section 18-20.004(3)(d), F.A.C., states that "spoil disposal within the preserves shall be strongly discouraged and may be approved only where the applicant has demonstrated that there is no other reasonable alternative and that activity may be beneficial to, or at a minimum, not harmful to the quality and utility of the preserve." Staff believes that the applicant has demonstrated through presentation of cost analyses and current land use parameters that there is no other reasonable alternative which would allow the proposed spoiling to be conducted on uplands outside the aquatic preserve. In addition, the proposed spoiling on sovereignty, submerged lands would appear to result in the overall enhancement of the quality and utility of the preserve because of the improvement to water quality of the 345.5 remaining acres of the lake and the applicant's proposal to convert the spoil site to a predominantly wetland passive nature park upon completion of the lake restoration.

The applicant has requested that the 34.5 acres be transferred to City ownership "to allow the City to incorporate proposed uplands and wetlands as part of the City's park land, thereby prohibiting/restricting it from being developed for non-park purposes." Staff feels this transfer and protection of future site use can be accomplished by a long term lease and management plan. Therefore, a special consent condition requires the applicant to apply for a state lands lease and develop a management plan for the passive park development phase prior to completion of the dredging and spoil disposal. The management plan will reflect the breakdown of the proposed passive park activities described herein.

This item is being presented to the Board of Trustees pursuant to section 18-21.0051(4), F.A.C., because the complexities and magnitude of this project could reasonably be expected to heighten public concern.

Section 163.194(3)(b), F.S., in summary, states that a local development approved or undertaken by a local government shall be consistent with the comprehensive plan if it meets all criteria enumerated by the local government. The proposed action is consistent with the adopted plan according to a letter received from the City of St. Petersburg on September 20, 1996.

RECOMMEND DEFERRAL

REQUEST: Consideration of an application for a modification of a five-year sovereignty submerged land lease to contain a total of 67,952.21 square feet, more or less, for an expansion of a public marina docking facility.

COUNTY: Lake

APPLICANT: Oklawaha Basin Recreation and Water Conservation and Control Authority a/k/a Lake County Water Authority

LOCATION: Section 13, Township 20 South, Range 25 East, in Lake Harris, Class III waters, within the local jurisdiction of Lake County.

CONSIDERATION: The project qualifies for a waiver of lease fees pursuant to rule 18-21.011(1)(b)10, F.A.C., which states that fees may be waived in whole or in part for government, research, or non-profit uses if the project is determined to be in the public interest. The applicant is an independent Special Taxing District of Lake County created by the legislature.

STAFF REMARKS: The applicant is proposing to expand an existing 17-slip public marina docking facility by constructing 50 additional slips, thereby creating a 67-slip facility. The existing docking facility provides temporary "day use" mooring for recreational boaters to access the public park. The proposed expansion is necessary to provide additional temporary mooring slips for boats during heavy day use and for special events (e.g.: sailing regattas and fishing tournaments). No fee is to be charged for the temporary mooring of boats at the docking facility; however, a daily "user fee" and/or annual pass will be required to access the public park.

The initial sovereignty submerged land lease, approved by the Board of Trustees on March 17, 1992, was a fee-waived lease authorizing the preemption of 29,186 square feet of sovereignty, submerged lands for a 20-slip docking facility (17 slips were actually built), two six-lane boat ramps, and three fishing platforms. The lessee subsequently requested a modification to the lease to expand the width of the dock and access pier from six feet to eight feet to comply with the Americans with Disabilities Act of 1990. The modified lease, authorizing the preemption of a total of 36,108.71 square feet, was approved by delegation of authority on February 12, 1993. The proposed modification to add 50 additional boatslips will result in a total preemption of 67,952.21 square feet of sovereignty, submerged lands at the site. All of the proposed slips will be maintained as open to the public on a "first-come, first-served" basis. This has been addressed as a special lease condition.

The uplands adjacent to the public marina docking facility, known as the Hickory Point Recreational Facility, are owned by the Lake County Water Authority and operated as a public park. The existing public marina at the Hickory Point park consists of two six-lane boat ramps, a boardwalk through wetlands, and the 17-slip marina. The proposed expansion to the existing docking facility will consist of a fixed pier extension with a terminal observation/fishing platform; a floating dock with nine finger piers and 18 slips; and a floating dock with 16 finger piers and 32 slips.

The Department of Environmental Protection wetland resource permit does not authorize sewage pumpout facilities, liveaboards, and/or fueling facilities. The project was not required to be noticed, since the project represents a modification of an existing lease.

Section 163.3194(3)(b), F.S., in summary, states that a local development approved or undertaken by a local government shall be consistent with the comprehensive plan if it meets all criteria of the plan and all other criteria enumerated by the local government. The proposed action is consistent with the adopted plan according to a letter received from Lake County Department of Planning and Development.

(See Attachment 6, Pages 1-7)

RECOMMEND APPROVAL SUBJECT TO THE SPECIAL LEASE CONDITIONS

REQUEST: Consideration of an application for (1) a five-year sovereignty submerged land lease containing 73,181 square feet, more or less, for a commercial marina; (2) authorization for the severance of 3,711 cubic yards of sovereign material; (3) construction of a docking facility providing 42 wet slips; and (4) replacement of 247 linear feet of bulkhead for a proposed commercial marina.

COUNTY: Duval

APPLICANT Chris I. Prescott

LOCATION: Sections 28 and 30, Township 01 South, Range 29 East, in the St. Johns River, Class III Waters, within the local jurisdiction of the city of Jacksonville.

CONSIDERATION: $15,788.60, representing (1) $7,438.85 as the initial lease fee computed at the base rate of $0.1070 per square foot, discounted 30 percent because of the first-come, first-served nature of the facility and including the initial 25 percent surcharge payment; and (2) $8,349.75 for the severance of sovereign material computed 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 lease fee may be adjusted based on seven percent of the rental rate pursuant to section 18-21.011, F.A.C.

STAFF REMARKS: The applicant is proposing to expand and renovate an existing dilapidated commercial seafood docking facility by constructing a 42-slip commercial marina. The proposed project consists of removing existing docks and overwater buildings and constructing 42 wet slips. One section of an existing dock is to be rebuilt and incorporated into a new dock.

The existing structures that are located on sovereignty, submerged land include five wooden piers, two fuel dispensers and two wooden buildings on pilings. All existing wooden piers and the two buildings on pilings are to be removed, except for a portion of the northern T-shaped pier which is to be rebuilt and incorporated into a new dock. The new facility will provide 42 wet slips and replacement of a fueling pier. The new piers are to be constructed with concrete pilings and floating concrete docks. The new fueling pier will contain fuel spill containment equipment, two new fueling dispensers and a portable sewage pumpout facility. The new facility will accommodate commercial and recreational boats ranging in size from 20 to 35 feet in length.

The applicant is also proposing to dredge 3,711 cubic yards of sovereign material over 0.92 acre to deepen the marina basin to a depth of -6 feet MLW and replacement of 247 feet of wooden vertical bulkhead with steel bulkhead. The spoil will be disposed of in an off-site upland disposal area. Also proposed is the removal of an existing riprap spit and derelict boat.

Aerial photographs indicate that the existing structures located on sovereignty, submerged land have been at the site since at least 1968. The applicant purchased the property from Mayport Shrimp and Dock Co-op, Inc., on June 10, 1991, with plans for the proposed renovations. The applicant applied for a regulatory permit and proprietary authorization on June 1, 1992. The regulatory permit was issued on January 8, 1996. The applicant entered into a temporary use agreement (TUA) on November 15, 1996, for the unauthorized preemption of 7,305 square feet of sovereign submerged lands for the existing structures and has paid all lease fees in accordance with the temporary use agreement.

The Department of Environmental Protection wetland resource permit requires sewage pumpout facilities and allows fueling facilities. Liveaboards are prohibited. The recommendations of the Division of Marine Resources have been addressed in the permit. The project was noticed as required. There is no submerged aquatic vegetation at the project site.

A local government comprehensive plan has been adopted for this area pursuant to section 163.3167, F.S.; however, the Department of Community Affairs (DCA) determined that the comprehensive plan is not in compliance. In accordance with the Compliance Agreement between DCA and the local government, an amendment has been adopted which brought the comprehensive plan into compliance. The proposed action is consistent with the adopted comprehensive plan as amended according to a letter received from the city of Jacksonville.

(See Attachment 7, Pages 1-10)

RECOMMEND APPROVAL SUBJECT TO THE SPECIAL LEASE CONDITIONS AND PAYMENT OF $15,788.60

REQUEST: Consideration of amendments to rule chapter 18-20, F.A.C., which governs rules of procedure for activities in aquatic preserves.

COUNTY: Statewide

APPLICANT: Department of Environmental Protection (DEP)

STAFF REMARKS: The DEP, as staff to the Board of Trustees, has initiated rulemaking to establish specific criteria for residential docking facilities in urban and freshwater aquatic preserves. This rulemaking is required in accordance with amendments to section 258.42(1)(b), F.S., which passed in the last legislative session (Section 7, HB605, chapter 96-257, Laws of Florida). The law became effective October 1, 1996, and the amendments are required to be adopted prior to March 1, 1997.

The proposed rule changes the designation of Lake Jackson (Leon County) and Lake Weir (Marion County) Aquatic Preserves to "freshwater" aquatic preserves and Pinellas County (all publicly-owned submerged lands within the county) and Boca Ciega Bay (Pinellas County) Aquatic Preserves to "urban" aquatic preserves. The proposed rule also modifies the criteria for constructing private residential single-family and multi-family docks within these aquatic preserves.

The DEP conducted public workshops on November 13, 1996, in Tallahassee; November 14, 1996, in Miami; November 20, 1996, in Ocala; and November 22, 1996, in Clearwater to discuss the proposed amendments and to receive public comments. The amendments were revised to reflect the comments and additional information received. The northern portion of Biscayne Bay Aquatic Preserve was initially considered for designation as an urban aquatic preserve; however, based on comments from the public and local government, it was recommended to continue to apply the existing aquatic preserve criteria and to not revise those criteria as part of this rulemaking effort.

Upon approval by the Board of Trustees, a notice of proposed rulemaking will be published in the Florida Administrative Weekly. This notice will include an opportunity for a public hearing which would be held in March of 1997. Staff anticipates returning to the Board of Trustees for final rule adoption in April of 1997.

(See Attachment 8, Pages 1-26)

RECOMMEND APPROVAL OF AMENDMENTS TO CHAPTER 18-20 FOR THE PURPOSE OF PROCEEDING WITH RULEMAKING TO COMPLY WITH SECTION 258.42(1)(b), F.S.

REQUEST: Approval to (1) use approximately 215 acres of sovereignty, submerged lands for shellfish aquaculture in four designated high-density lease areas in Charlotte and Lee Counties; (2) issue 45 two-acre aquaculture leases to eligible participants in the Lee/Charlotte County Aquaculture Demonstration and Training Project (known as "Project C.L.A.M. - Charlotte/Lee Aquaculture of Mollusks"); (3) issue one two-acre lease for an individual applicant who was not eligible to participate in the training program but is qualified to conduct similar aquacultural activities; and (4) issue remaining aquaculture leases in high-density lease areas to other qualified applicants.

COUNTIES: Lee and Charlotte

APPLICANTS: Forty-six individual applicants.

LOCATION: Lee County: the two Pine Island sites are located approximately 1,000-1,500 feet west of Pine Island, in Pine Island Sound. Charlotte County: one site is located in Gasparilla Sound, east of the Gulf Intracoastal Waterway and Sandfly Key; an alternative site is located in Charlotte Harbor, east of Cape Haze. The proposed high-density lease areas are located in the Pine Island Sound and Charlotte Harbor Aquatic Preserves.

CONSIDERATION: $41.16 for each lease. The lease fee for all of the proposed leases represents (1) a base annual rent of $15.58 per acre or fraction thereof; and (2) an annual surcharge, representing $5 per acre or fraction thereof for deposit in the Marine Resource Conservation Trust Fund. Pursuant to section 370.16(4)(b), F. S., each applicant's lease fee shall be adjusted on January 1, 2000 and every five years thereafter, based upon the five-year average change in the Consumer Price Index.

STAFF REMARKS: Because of the constitutional limitations on coastal net-fishing, the Harbor Branch Oceanographic Institution, Inc. (HBOI) is training eligible displaced net fishers to perform shellfish cultivation activities. This program is funded by a contract with the Department of Labor and Employment Security via the Job Training Partnership Act. The contract has provided for revenues to be deposited into the Marine Resource Conservation Trust Fund for payment of the $200 application processing fee and the payment of the first year's lease fees for each program participant. The HBOI is currently conducting program related training activities on a 1.5-acre aquaculture sublease site in Bull Bay, Charlotte County.

Department of Environmental Protection staff took the lead in identifying high density sites that are suitable for commercial shellfish culture activities. Only those sites where no adverse impacts on seagrasses, existing shellfish beds, or other sensitive habitats were selected. Conflicts with other water-related users are anticipated to be minimal. Resource surveys of the high-density lease areas indicate that two sites preempting 80 acres of sovereign lands in Lee County and one site preempting 85 acres in Charlotte County are suitable for the performance of the proposed aquacultural activities. If approved, these high-density lease areas would be subdivided into individual two-acre parcels, that would be leased by the DEP to each participant that graduates from the training program. The two affected local governmental authorities are in full support of the project.

Parcels that remain after all program graduates have been placed would be available to applicants that did not participate in the training program and to participants in future training programs. The DEP seeks authority to issue such leases in high-density lease areas provided that the applications are consistent with chapters 253, F.S., and 18-21, F.A.C., contain approved business development plans, have been advertised, and reviewed without objection by the affected Board of County Commissioners.

Chapter 96-247, Laws of Florida, declares that it shall be the policy of the state to foster aquaculture development when the aquaculture activity is consistent with state resource management goals, environmental protection, proprietary interests, and the state aquaculture plan.

Each participant's record was reviewed to determine violations associated with marine resources and public health. No participants were found to have violations related to handling shellfish products or public health. The records of five program participants contained resource violations. However, the private industry councils decided to allow these individuals to participate in the training programs. The DEP agrees with the recommendations from the private industry councils to issue leases to these program participants, since considerable effort and expense has been put forth in training. Issuing leases to these individuals offers a mechanism to allow affected fishermen to work within the law. However, maintaining the lease will be contingent upon these individuals remaining free of resource violations. The lease instrument will contain specific provisions for automatically terminating the lease in the event that the lessee is adjudicated guilty on a future marine resource or public health violation.

A consideration of the status of any local government comprehensive plans was not made for this item. The DEP has determined that the proposed actions are not subject to the local government planning process.

(See Attachment 9, Pages 1-22)

RECOMMEND APPROVAL TO ISSUE AQUACULTURE LEASES IN HIGH-DENSITY LEASE AREAS TO ELIGIBLE APPLICANTS SUBJECT TO APPLICABLE LAW AND RULE REQUIREMENTS, FINAL ACTION BY THE U. S. ARMY CORPS OF ENGINEERS, AND COMPLIANCE WITH THE SPECIAL LEASE CONDITIONS.

REQUEST: Approval of the Florida Keys National Marine Sanctuary Management Plan in state waters and adoption of a resolution containing the conditions for approval.

COUNTIES: Monroe and Dade

APPLICANTS: U.S. Department of Commerce, National Oceanic and Atmospheric Administration and Florida Department of Environmental Protection.

LOCATION: State waters of the Florida Keys National Marine Sanctuary as described in Public Law 101-605.

STAFF REMARKS: The 2800 square nautical mile Florida Keys National Marine Sanctuary was designated by Act of Congress in November 1990. The Act provided that the designation would not take effect in the 65 percent of the sanctuary located in Florida waters if, within 45 days, the Governor objected. In December 1990, a resolution (attached) was passed by the Governor and Cabinet sitting as the Board of Trustees of the Internal Improvement Trust Fund which agreed to the inclusion of state lands and resources within the boundary under certain conditions.

The Board of Trustees' resolution provided a mechanism for interim management (see attached Interim Memorandum of Agreement) pending the implementation of a comprehensive plan as required by the Act, stipulated that, pending implementation of the plan, no state regulatory authority would be limited, no state-owned lands would be conveyed nor management authority transferred. The resolution also stated that the state "may certify that any of the terms of the comprehensive management plan is unacceptable, in which case the designation or the unacceptable term shall not take effect in the area of the sanctuary lying within" state waters.

The attached resolution sets out the terms under which the Board of Trustees accepts the comprehensive management plan.

The final management plan for the Florida Keys National Marine Sanctuary (FKNMS) is the culmination of six years of effort. Thousands of people, from the public and private sector, in numerous meetings and hearings and through verbal and written input have had a role in shaping the plan.

The final plan contains ten action plans: Channel/Reef Marking, Education/Outreach, Enforcement, Mooring Buoys, Regulatory, Research and Monitoring, Submerged Cultural Resources, Water Quality, Volunteer and Zoning. Each plan contains strategies or solutions to address the various problems identified as affecting the marine environment of the Keys. The Regulatory Action Plan, which contains the rules that will become part of the Code of Federal Regulations and includes identification of prohibited activities, the Zoning Plan which contains the description of areas closed to certain activities, including fishing, and the Submerged Cultural Resources Plan, which contains provisions under which treasure salvage may be conducted have proven to be the most controversial. The Water Quality Action Plan, which contains the provisions of the Water Quality Protection Program mandated by the Act and developed by the Water Quality Steering Committee co-chaired by the U.S. Environmental Protection Agency and the Florida Department of Environmental Protection (FDEP) is perhaps the most universally accepted plan.

The most recent opportunity for public participation has been through the review of the draft FKNMS plan released in April of 1995. Following the release six Info-Expos were held in the Keys as well as numerous public meetings and workshops chaired by various members of the

Sanctuary Advisory Council established by the Act. In addition, six formal public hearings were held. Sixty-five hundred public comments were received, reviewed and addressed in the final plan. The document "Strategy for Stewardship" summarizes concerns raised and revisions made. A full account of the comments appears in volume three of the three volume final plan.

Despite the significant public input and review, concerns regarding provisions of the plan still exist. On November 5, 1996, following the late September release of the final plan, a non-binding referendum asking "Do you believe there should be a Florida Keys National Marine Sanctuary?" was put before the voters of Monroe County. Fifty-five percent of those voting answered "No."

The FDEP through its Divisions of Marine Resources and Law Enforcement, and the National Oceanic and Atmospheric Administration have cooperatively managed the FKNMS since its creation. This arrangement continues the historic partnership used to manage Key Largo National Marine Sanctuary and Looe Key National Marine Sanctuary since 1975 and 1981 respectively. In addition, the FDEP, Office of the Governor, Department of State, Department of Community Affairs, and Monroe County as well as other state and local agencies have participated in the development of the FKNMS management plan and the development and implementation of the Water Quality Protection Program.

The FDEP is very supportive of the sanctuary designation and the proposed management activities. It is the FDEP's belief that implementation of the plan advances state and federal commitments to ecosystem management using common sense management of a fragile, unique and endangered ecosystem through a balance of positive socio-economic and environmental resource impacts.

Many public officials and agencies have noted the opposition voiced in the referendum vote and have made efforts to pinpoint concerns and determine if they can be addressed. The attached resolution identifies the concerns that have been most clearly articulated and offers conditions to address them. In addition, eight agreements (attached) written cooperatively by state and federal officials and requiring the signatures of principal parties further clarify the roles of each in future management efforts. A summary of each of the agreements is also attached. In addition to the resolution setting out the conditions under which the state accepts the plan, the Board of Trustees is signatory to the Co-Trustees Agreement for Cooperative Management and the Agreement for the Coordination of Civil Claims.

(See Attachment 10, Pages 1-68)

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