Submittal of the minutes of the April 28, 1998 Cabinet meeting.

REQUEST: Consideration of an option agreement to acquire 342.20 acres within the Belle Meade CARL project from E. Roger Budny and Linda F. Colbert.

COUNTY: Collier

LOCATION: Section 22, Township 51 South, Range 27 East

CONSIDERATION: $750,000

APPRAISED BY

REVIEW Catlett Devos APPROVED PURCHASE OPTION

NO. PARCEL ACRES (03/26/97) (03/25/97) VALUE PRICE DATE

810003 Budny/460 342.20 $855,000 $753,000 $855,000 $750,000 180 days after BOT

approval

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, title insurance policy, environmental site evaluation and, if necessary, an environmental site assessment, will be provided by the purchaser prior to closing.

The cypress swamps and old-growth slash pine flatwoods in the Belle Meade CARL 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, while providing a large area for recreation in a natural environment to residents of and visitors to rapidly urbanizing southwest Florida.

The 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 2, Pages 1-25)

RECOMMEND APPROVAL

COUNTY: Brevard

LOCATION: Sections 22, 23, 25 through 29; and 32 through 35, Township 21 South, Range 34 East

STAFF REMARKS: The Brevard Coastal Scrub Ecosystem CARL project is ranked number 5 on the CARL Bargain/Shared List approved by the Board of Trustees on February 11, 1997, and is funded under the Division of State Lands’ Land Acquisition Workplan. The proposed agreement covers 5,093 acres owned by Wu-Titusville, Inc. and Guilford.

To facilitate the acquisition of this project, the St. Johns River Water Management District (District) has offered to take the lead in the acquisition of this joint project. Department of Environmental (DEP) staff has prepared an agreement that would allow the District to acquire the Brevard Coastal Scrub Ecosystem CARL project in accordance with section 259.041(16), F.S., utilizing the procedures set out in section 373.139, F.S. On September 13, 1994, the Board of Trustees approved the use of the District's procedures to allow the District to acquire lands to be held jointly by the Board of Trustees and the District.

If the Board of Trustees approves this item, the District staff will present the agreement to the Governing Board of the District for execution at its next Governing Board meeting. Upon receipt of the executed agreement from the District, DEP staff will execute the agreement on behalf of the Board of Trustees.

Incorporated into the agreement are a number of assurances that the District is giving the Board of Trustees in return for its consideration of this agreement. The District has agreed to: (1) comply with the procedures set out in section 373.139, F.S.; (2) defend the Board of Trustees against all title and survey disputes or defects and environmental contamination associated with each acquisition negotiated by the District that were either known or should have been known by the District at the time the District acquired the parcel; and (3) reimburse the Board of Trustees 50 percent of any overpayment of the purchase price if an audit or investigation determines that the purchase price paid exceeded the actual appraised value.

Pursuant to the proposed agreement, District staff will obtain and review appraisals, negotiate a purchase contract and secure the approval of its Governing Board. The District will provide DEP’s Division of State Lands with a board resolution requesting reimbursement of the Board of Trustees' share of the purchase price. DEP staff will seek approval for the Board of Trustees' share of the purchase price for each parcel the District contracts to purchase. In addition, the agreement provides for the District to be reimbursed 50 percent of all costs associated with its attempt to acquire lands within the project, including all pre-acquisition and closing related costs, with the pre-acquisition costs and certain closing costs being reimbursed

even if the District is unsuccessful in acquiring any property. The agreement authorizes DEP staff to reimburse these costs from CARL incidental expense funds previously released by the Board of Trustees. If the Board of Trustees approves a specific purchase, the District will proceed to closing with title to be vested jointly, with the District and the Board of Trustees each holding an undivided 50 percent interest.

The Brevard Coastal Scrub Ecosystem CARL project will be managed by the Florida Game and Fresh Water Fish Commission as a wildlife and environmental area with limited public use, including picnicking and environmental education.

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 1-10)

COUNTIES: Brevard and Indian River

LOCATION: Section 00, Township 30 South, Range 38 East; Section 00, Township 31 South, Range 37 East; and Sections 06 through 08 and 17 through 20, Township 31 South, Range 38 East

CONSIDERATION: $5,013,805.86 (The Board of Trustees’ 50 percent share of the total purchase price of $10,027,611.72, to be adjusted upward or downward at the rate of $1,800 per acre for parcel 1 and $1,930.22 per acre for parcel 2, in accordance with the final surveyed acreage)

STAFF REMARKS: The Sebastian Creek CARL project is ranked number 7 on the CARL Bargain/Shared Project List approved by the Board of Trustees on February 11, 1997, and qualifies for purchase under the Division of State Lands’ Land Acquisition Workplan. The project contains 22,493 acres, of which 16,625 acres have been acquired. After the Board of Trustees approves this agreement, 507 acres or 2 percent of this project will remain to be acquired.

On October 25, 1994, the Board of Trustees authorized staff to enter into an acquisition agreement with the St. Johns River Water Management District (District) to acquire the Sebastian Creek CARL project in accordance with section 259.041(16), F.S. (1994) utilizing the procedures set out in section 373.139, F.S., with some technical survey modifications that have been incorporated into the agreement. On November 10, 1994, the Governing Board of the District approved and executed the acquisition agreement and it has been executed by the Director of the Division of State Lands on behalf of the Board of Trustees. On July 14, 1995, the Land Acquisition Advisory Council approved the addition of the Carson Platt Estate property to the project boundary.

The terms of the acquisition agreement between the District and the Board of Trustees provided for equal participation in the acquisition and ownership of the subject property; however, Indian River County (County) expressed an interest to the District in participating in funding the acquisition. Staff recommends pursuing this purchase as a combination bargain/shared acquisition. Under the current policy on bargain purchases, the Board of Trustees will partner on half of the transaction with the County, with the County contributing 25 percent of the purchase price but not holding any title interest. The other half of the transaction will have the Board of Trustees partnering with the District under the shared criteria, which will have the District contributing 25 percent of the purchase price and holding a 25 percent title interest. Pursuant to the terms of the acquisition agreement, the District contracted to purchase the property at 82 percent of the approved value. The Board of Trustees' purchase price will be 50 percent of the contract price negotiated by the District plus 50 percent of the costs incurred in the purchase of the property. Title to the property acquired will vest jointly in the Board of Trustees and the District with the Board of Trustees holding a 75 percent interest and the District holding a 25 percent interest. While the County has agreed to participate in this transaction under the current bargain criteria, it has requested and staff intends to ask the Land Acquisition and Management Advisory Council to review the policy of not allowing counties to hold a title interest when participating in joint acquisitions.

As provided for in the acquisition agreement, on March 11, 1998, as amended on May 13, 1998, the Governing Board of the District adopted Resolution No. 98-16, requesting the Board of Trustees’ share of the purchase price for the Carson Platt Estate parcel and reimbursement of 50 percent of its closing costs. Pursuant to the acquisition agreement, the Board of Trustees’ share of the preacquisition and closing costs will be reimbursed from CARL incidental expense funds. The District’s resolution contains all of the assurances required by the acquisition agreement.

The Indian River County Commission adopted Resolution No. 98-52 on April 28, 1998, authorizing the County’s 25 percent participation in the joint acquisition.

The property will be managed jointly by the Division of Marine Resources, as the lead manager, and the District as a part of the St. Sebastian 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 4, Pages 1-29)

COUNTY: Citrus

LOCATION: Sections 04 and 05, Township 17 South, Range 16 East; and Section 12, Township 19 South, Range 16 East

CONSIDERATION: $705,000

APPRAISED BY

REVIEW Schaefer Dohring APPROVED PURCHASE OPTION

NO. PARCEL ACRES (08/28/95) (08/22/95) VALUE PRICE DATE

810004 AHR/69 386.06 $640,000 $660,000 $660,000 $650,000 180 days

after BOT

Goodman approval

(09/09/97)

810005 Moste/16 69.40 $ 55,000 $ 55,000 $ 55,000

455.46 $715,000 $705,000

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, reveal any other encumbrances which may affect the value of the properties or the proposed management of the properties, staff will so advise the Board of Trustees prior to closing.

A title insurance policy for the Moste parcel, certified surveys, environmental site evaluations and, if necessary, environmental site assessments for both parcels will be provided by the purchaser prior to closing. The purchaser will reimburse seller’s title insurance costs for the AHR parcel.

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 CARL 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.

These properties will be managed by Division of Marine Resources as a part of the Crystal River State Buffer Preserve.

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 5, Pages 1-54)

RECOMMEND APPROVAL

COUNTY: Citrus

LOCATION: Section 13, Township 18 South, Range 16 East

CONSIDERATION: $1,200,000

APPRAISED BY

REVIEW Schaefer Dohring APPROVED PURCHASE OPTION

NO. PARCEL ACRES (12/19/97) (12/19/97) VALUE PRICE DATE

810002 River Marina/60 4.87 $1,120,000 $1,200,000 $1,200,000 $1,200,000 90 days

after BOT

approval

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.

Improvements on the property consist of a single-story, concrete block, 4,718 square-foot restaurant with a 638 square-foot screened-in porch and 29 boat slips. Both appraisers determined the highest and best use of this property to be a high end residential development which would result in the demolition of the restaurant building, therefore, no value was attributed to the building. The Division of Marine Resources intends to utilize this facility as an administration, educational and research facility.

A certified survey, title insurance policy, environmental site evaluation and, if necessary, an 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 CARL 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 Division of Marine Resources as a part of 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 6, Pages 1-35)

RECOMMEND APPROVAL

COUNTY: Collier

LOCATION: Sections 02, 04, 10 and 11, Township 53 South, Range 26 East

CONSIDERATION: $57,600

REVIEW Miller APPROVED PURCHASE CLOSING

NO. PARCEL ACRES (08/06/97) VALUE PRICE DATE

810007 Scott/40 6.20 $ 9,000 $ 9,000 $ 9,000 180 days

810008 Smith/64C 21.26 $30,000 $30,000 $30,000 after BOT

approval

(10/05/97)

810009 Epley/17 0.81 $ 8,300 $ 8,300 $ 8,300

810010 Barone, et al/26A&B 1.26 $10,300 $10,300 $10,300

29.53 $57,600 $57,600

The entire property is subject to outstanding oil, gas and mineral interests in favor of Mary E. Sweeting and William D. Hixon, Trustee. Staff recommends acquiring the properties subject to the outstanding interests. The Bureau of Geology determined that the sediment with the greatest potential for development is sand. The Bureau of Appraisal has indicated that the outstanding interests do not affect the market value of the properties. Rookery Bay National Estuarine Research Reserve, the future managing agency, has determined that the properties can be effectively managed subject to the outstanding oil, gas and mineral interests.

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, reveal any other encumbrances which may affect the value of the properties or the proposed management of the properties, 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 parcels to be acquired meet all of the following conditions:

• the parcels are surrounded by both state-owned land and by land the state intends to acquire;
• the parcels are located within a section in which the controlling land corners have been recently surveyed by Southern Mapping Technology, Inc. and the survey drawing is acceptable for computing acreage;
• the parcels are in their natural unimproved condition;
• although the parcel lines were not surveyed, it appears that the boundaries of the parcels do not adjoin fences or improvements other than those managed by the state; and
• the parcels were visually inspected in January 1998.

While these parcels are being recommended for a waiver of survey at this time, should the title commitments and field inspections reveal substantive surveying or surveying related issues which impact the parcels, certified surveys will be provided by the purchaser prior to closing.

The purchaser will absorb all acquisition costs, which may include title commitments, surveys, environmental site assessments and recording and documentary stamps, by either paying directly or reimbursement.

The Cape Romano complex consists of a series of islands which form the southern end of the 37-mile stretch of beaches and barrier islands in Collier County. These beaches serve as critical nesting habitat for the endangered Atlantic loggerhead sea turtle, least tern and black skimmer. Most of the islands are fringed by mangroves and have intertidal seagrass beds, alga beds and oyster reefs. These habitats serve as nursery areas for larval and juvenile finfish and shellfish, many of commercial and recreational importance, and also provide forage for manatees, sea turtles, a variety of shorebirds and larger fish. Public acquisition of the lands will help ensure long-term preservation of pristine coastal resources that can be utilized by listed species, as well as for research and public education.

These properties will be managed by the Division of Marine Resources as part of the Rookery Bay National Estuarine Research Reserve.

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 7, Pages 1-53)

RECOMMEND APPROVAL

APPLICANT: Office of Greenways and Trails

COUNTY: Citrus

LOCATION: Section 10, Township 20 South, Range 20 East

CONSIDERATION: $121,000

APPRAISED BY

REVIEW Sutte APPROVED PURCHASE OPTION

NO. PARCEL ACRES (01/17/98) VALUE PRICE DATE

810006 Kabrich/2 10.45 $122,500 $122,500 $121,000 180 days

after BOT

approval

2000 Florida Greenways and Trails program. The project contains 12.2 acres. After the Board of Trustees approves this agreement, 1.75 acres or 14 percent of the project will remain to be acquired.

There is an inoperable water well and septic tank located on the property which do not serve any other property but the subject parcel. The Division of Recreation and Parks (R&P), the managing agency, has determined the property can be effectively managed with the water well and septic tank.

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, a title insurance policy and an environmental site assessment will be provided by the purchaser prior to closing.

This acquisition will provide a trailhead for the Withlacoochee State Trail in the Floral City Area. This will act as a valuable connector for Floral City to the numerous recreational opportunities provided by the Withlacoochee State Trail.

This property will be managed by R&P as part of the Withlacoochee State Trail.

This acquisition is consistent with section 260.015, F.S., and section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan.

(See Attachment 8, Pages 1-22)

RECOMMEND APPROVAL

COUNTY: Alachua

LOCATION: Section 24, Township 10 South, Range 20 East

CONSIDERATION: $17,500 ($17,250 for the acquisition; $250 for the purchase of the option agreement)

APPRAISED BY

REVIEW Candler APPROVED PURCHASE OPTION

NO. PARCEL ACRES (06/07/96) VALUE PRICE DATE

810001 Downs/43 6.90 $17,500* $17,500 $17,250 180 days

after BOT

* Value without access factoring in costs to cure. approval

STAFF REMARKS: The Paynes Prairie project has been identified on the Division of Recreation and Parks’ Additions and Inholdings List. This agreement was negotiated by the Division of State Lands on behalf of the Division of Recreation and Parks (R&P) under the State Parks Additions and Inholdings Preservation 2000 program. The project contains 3,495 acres, of which 246.3 acres have been acquired or under agreement to be acquired. After the Board of Trustees approves this agreement, 3,241.8 acres or 93 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 Alachua Conservation Trust, Inc., (ACT), ACT has acquired an option to purchase this 6.90-acre parcel from Eldridge Downes, IV. After this acquisition is approved, the Board of Trustees will acquire the option from ACT for $250, which represents agreed upon compensation to ACT 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 ACT 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.

At the time the option was executed the owner and staff believed that there was legal access from a public road, over a recorded easement, all the way to the subject property. While it is true that access to the property is provided by a recorded easement, it terminates at an abandoned rail corridor that is managed by R&P as part of its trail system. The appraised value of the subject property has been adjusted down to reflect the cost to cure access. Since the property is an addition to the Paynes Prairie State Preserve, the creation of the easement, as a condition of closing with the Board of Trustees, is not necessary. Under the existing option agreement the seller is warranting legal access to the property. Staff recommends the contractual requirement for legal access be waived, and if the Board of Trustees approves this item, the contract will be amended accordingly.

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, a title insurance policy, an environmental site evaluation and, if necessary, an environmental site assessment will be provided by purchaser prior to closing. The seller shall reimburse the purchaser’s title insurance cost.

The property will be managed by R&P as an addition to the Paynes Prairie State 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 9, Pages 1-21)

COUNTY: Hernando

APPLICANT: Department of Agriculture and Consumer Services, Division of Forestry

LOCATION: Sections 01 and 12 through 14, Township 21 South, Range 18 East; and Section 07, Township 21 South, Range 19 East

APPRAISED BY

REVIEW PARCEL Catlett Rogers APPROVED PURCHASE OPTION

NO. NAME ACRES (5/20/97) (5/20/97) VALUE PRICE DATE

810011 World Wood 929.10 $3,880,000 $3,845,000 $3,880,000 $3,400,000 10/14/98

Pursuant to a multi-party agreement entered into between the Division of State Lands (DSL), DOF and TNC, TNC has acquired an option to purchase this 930-acre parcel from World Woods Corporation, a Florida corporation. After this acquisition is approved, the Board of Trustees will acquire the option from TNC for $49,000, which represents agreed upon compensation to TNC for overhead associated with acquiring the option. The assignment of option agreement provides that payment to TNC is contingent upon the Board of Trustees successfully acquiring the property from the 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.

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, a title insurance policy and an environmental site assessment of the property will be provided by the DOF prior to closing.

The parcel will be managed by the DOF as a part of the Withlacoochee State Forest.

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

(See Attachment 10, Pages 1-27)

COUNTY: Leon

APPLICANT: Florida State University

LOCATION: Section 36, Township 01 North, Range 01 West

CONSIDERATION: $85,900

APPRAISED BY

REVIEW CARLTON APPROVED PURCHASE CLOSING

NO. PARCEL ACRES (02/10/97) VALUE PRICE DATE

810012 134 0.11 $94,500 $94,500 $85,900 185 days after

BOT approval

Improvements on this property consist of a 1,660 square-foot, single-story, frame building. FSU is aware of the improvements and will remove the building after closing.

All mortgages and liens will be satisfied at the time of the 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 FSU. An environmental site assessment and a title insurance policy will be provided by the seller prior to closing. FSU will reimburse the seller’s title insurance and environmental site assessment costs.

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

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

(See Attachment 11, Pages 1-21)

COUNTY: Orange

APPLICANT: Orlando-Orange County Expressway Authority

LOCATION: Sections 19 and 20, Township 21 South, Range 28 East, Orange County, Florida

CONSIDERATION: $19,900

STAFF REMARKS: In April of 1998 the Orlando-Orange County Expressway Authority (Authority) filed an amended petition in eminent domain in the Circuit Court of the Ninth Judicial Circuit, Orange County, Florida, in order to obtain property for the Orlando Western Beltway Project. Included in the petition was a 1.968-acre parcel owned by the Board of Trustees. The subject parcel is part of a larger parcel which is under lease to the Florida Board of Regents for the use and benefit of the University of Florida Institute of Food and Agricultural Sciences. The Board of Regents and the University have agreed to release that portion of the property needed for the Beltway.

The parcel was appraised for the Authority by the Appraisal Group of Central Florida and as of August 27, 1997, had a market value of $19,900. As the managing agency agrees to the transfer and the triangular shaped piece of land would serve no other public purpose, staff recommends conveyance to the Authority at the appraised value in settlement of the pending litigation. Upon Board of Trustees approval, the Authority will dismiss the Board of Trustees’ parcel from the petition.

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 conveyances of real property are not subject to the local government planning process.

(See Attachment 12, Pages 1-13)

In support of this request, attached are the following:

Adoption of the proposed rules, as amended herein, is requested. A timely adoption by the Board of Trustees will allow these rules to become effective prior to the Ft. Lauderdale International Boat Show, scheduled for October 1998. The Board of Trustees’ conditional approval of the five year, 30-day special event lease for that event requires the lessee, Yachting Promotions, Inc., to comply with any future rule amendments applicable to special event leases, including all fee schedules.

(See Attachment 13, Pages 1-72 )

REQUEST: Consideration of adoption of proposed rule amendments to chapter 18-21 of the Florida Administrative Code that: specify the standards, criteria, and processing requirements for extended term, sovereignty submerged land leases; add procedures for reviewing and taking action on applications for standard term leases; and amend the methodology for calculating lease fees.

STAFF REMARKS: On March 24, 1998, the Board of Trustees gave approval to DEP to publish a Notice of Proposed Rulemaking on amendments to chapter 18-21 of the Florida Administrative Code that address application requirements and the standards and criteria for extended term leases, revisions to the procedures applicable to standard term leases, and the procedures for calculating lease fees for standard term and extended term leases. In addition, the Board of Trustees directed staff to consider other fee options during the rulemaking process. Notice of Rulemaking on those amendments was published in the Florida Administrative Weekly on April 10, 1998. The notice stated that the rule would be held May 8, 1998, and that the rule would be brought before the Board of Trustees for final adoption on June 9, 1998.

A public hearing to discuss the proposed rule and to receive public comments on the rule was held in West Palm Beach on May 8, 1998. As a result of that hearing, the public identified a

number of issues. Staff has considered the public comments in preparing recommended amendments to the proposed rule noticed in the April 10, 1998, Florida Administrative Weekly.

In support of this request, attached are the following:

Adoption of the proposed rules, as amended herein, is requested.

(See Attachment 14, Pages 1-70)