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

COUNTY:  Lake

LOCATION: Sections 13 and 24, Township 18 South, Range 28 East; Sections 18, 29 and 30, Township 18 South, Range 29 East; and Section 36, Township 17 South, Range 28 East

CONSIDERATION:  $1,193,800

APPRAISED BY

REVIEW Goodman APPROVED PURCHASE OPTION

NO. PARCEL ACRES (12/11/97) VALUE PRICE DATE

812001 Boyette/8 172.91 $450,000 $450,000 $420,000 180 days

812002 Gaard/2 46.85 $162,000 $162,000 $152,300 after BOT

812003 Willis/17 5.10 $ 27,000 $ 27,000 $ 26,500 approval

812004 Stone/1 135.69 $425,000 $425,000 $400,000

812005 Stone/3 63.83 $204,300 $204,300 $195,000

424.38 $1,268,300 $1,193,800

A portion of the Boyette property is subject to a 50 percent reservation of oil and mineral interests in favor of J. F. Huff and Annie G. Huff, his wife. The reservation was created in August 1949, to run for a period of ninety-nine years. The outstanding interests affect approximately 142.20 acres. The Bureau of Geology determined that the potential for oil and gas production at this site is considered slight and that the sediments with the greatest potential for commercial development are the sands and perhaps some gravel. The appraisal has indicated that the outstanding interests do not affect the market value of the property. The Department of Agriculture and Consumer Services, Division of Forestry (DOF), the managing agency, has determined that the property can be effectively managed subject to the outstanding oil and mineral interests.

The mobile home and storage shed on the Willis parcel, that were referred to in the appraisal as improvements, have been or will be removed from the property by the seller prior to closing. The appraiser gave no monetary value to any of these improvements.

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.

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

canoeing and other recreational pursuits.

These properties will be managed by the DOF as part of the Seminole 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 2, Pages 1-92)

RECOMMEND APPROVAL

REQUEST: Consideration of authorization to acquire 100 percent interest in 322 acres within the Corkscrew Regional Ecosystem Watershed CARL project from 25 separate owners.

COUNTY: Lee

LOCATION: Sections 25, 28, and 35, Township 47 South, Range 26 East

CONSIDERATION: $440,150

STAFF REMARKS: The Corkscrew Regional Ecosystem Watershed (CREW) CARL project is ranked number 11 on the CARL Bargain\Shared Project List approved by the Board of Trustees on February 10, 1998, and qualifies for purchase under the Division of State Lands’ Land Acquisition Workplan. The project contains 59,008 acres, of which 20,055 have been acquired by the South Florida Water Management District (District) and Lee County, and 432.5 acres are under contract to the Board of Trustees. After the Board of Trustees approves this agreement, 38,198.50 acres or 65 percent of this project will remain to be acquired.

When CREW was added to the CARL list in 1991, a limit was placed on the CARL involvement to encourage local participation in the project. The project was initially planned to be a four party project with equal participation by Lee and Collier Counties, the District and the Board of Trustees. To encourage this participation, the Land Acquisition Advisory Council (LAAC) placed both a geographical and financial restriction on the CARL participation in the project. Based on the fact that the Board of Trustees’ share of the overall purchase was to be 25 percent and the initial project cost estimate was $40 million, a $10 million "cap" was imposed and acquisition efforts were limited to the Camp Keis Strand Corridor.

While both Lee County and the District began acquiring land within the project, participation by the Division of State Lands and Collier County was stalled. In the CARL acquisition area (Camp Keis Strand), the Collier family was the largest owner. They were pursuing an exchange with the federal government and were unwilling to consider a sale to the Board of Trustees while these efforts were underway. Collier County’s bond referendum did not pass and they have been unable to contribute to the project.

On November 20, 1992, the LAAC modified the project design to remove the geographical restriction (Camp Keis Strand) but maintained the $10 million cap. The LAAC also limited the CARL match to acquisitions made by the District after the date of the LAAC meeting. Following this decision, staff began working with the District to identify lands purchased that would qualify for the CARL match. Various options to pursue cooperative purchases were considered. In 1994, the legislature enacted section 259.041, F.S., which provided the authority to adopt District procedures for joint acquisitions.

On June 27, 1995, the Board of Trustees authorized staff to enter into an acquisition agreement with the District to acquire various ownerships located within the CREW CARL project in accordance with section 259.041(16), F.S. utilizing the procedures set out in section 373.139, F.S. At the time the original agreement was entered into, the LAAC-imposed cap on funding was still in effect. Since the estimated cost of the parcels remaining to be acquired in the project exceeded $20 million, a 50/50 match on each succeeding acquisition would exhaust the Board of Trustees’ funding limit of $10 million before the project acquisition was completed; therefore, a 50/50 agreement was recommended and approved.

On October 30, 1995, the LAAC expanded the project boundary, eliminated the $10 million cap and designated the project a shared acquisition with the District. As a shared acquisition, the District and the Board of Trustees are each expected to spend the same amount in acquiring land within the project. Since the District has already made some purchases for which it would be credited, staff agreed that it would be appropriate for the Board of Trustees to match those purchases called for under the acquisition agreement. Therefore, the acquisition agreement was amended to provide that the Board of Trustees purchase $13,360,000 worth of land in the project at its sole cost and expense before the 50/50 shared acquisitions will resume. The District has provided documentation, acceptable to the Division of State Lands, establishing the District’s expenditure in this project. Following the Board of Trustees authorization of these acquisitions, $1,101,815 worth of land will have been purchased by the Board of Trustees towards matching the District’s purchases in this project. The remaining matching balance will be $12,258,185.

The District has acquired twenty-one options to purchase the parcels, at 100 percent of the appraised values, from The Nature Conservancy (TNC), and four agreements for sale and purchase. Pursuant to the terms of the amended acquisition agreement, the District shall be reimbursed for all costs associated with acquiring the twenty-five properties, including pre-acquisition and closing related costs. The Board of Trustees’ purchase price will be 100 percent of the contract price negotiated by the District plus 100 percent of the cost incurred in the purchase of the property. Title to the property acquired will vest in the Board of Trustees.

As provided for in the amended acquisition agreement, the Governing Board of the District adopted multiple resolutions requesting the Board of Trustees’ share of the purchase price for the fourteen parcels, reimbursement of 100 percent of its pre-acquisition and reimbursement of 100 percent of its closing costs. Pursuant to the amended acquisition agreement, the pre-acquisition and closing costs will be reimbursed from CARL incidental expense funds. TNC’s acquisition fee is considered a District staffing cost and is not being recommended for reimbursement. The District’s resolutions contain all of the assurances required by the amended acquisition agreement.

The property will be managed by the District as a conservation and preservation area with passive public use.

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 3, Pages 1-14)

REQUEST: Consideration of (1) an option agreement to acquire 39 acres within the Charlotte Harbor CARL project from Schworm Enterprises; and (2) a request for survey waiver.

COUNTY: Charlotte

LOCATION: Section 12, Township 42 South, Range 20 East

CONSIDERATION: $45,000

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 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 parcel to be acquired meets all of the following conditions:

• the parcel is surrounded by state owned land or surrounded by land that the state intends to acquire, with the exception of the northerly and westerly lines which are adjacent to a canal and private ownership;
• the referenced parcel is located within an area 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 except for the northerly and westerly lines.

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

Charlotte Harbor, one of the largest and most productive estuaries in Florida, supports an important recreational and commercial fishery, but is rapidly being surrounded by cities and residential developments, which could harm this important resource. By conserving mangrove swamps and salt marshes, the Charlotte Harbor CARL project will help preserve the water quality of the estuary, protect habitat for the Florida manatee and other rare wildlife, and provide residents and visitors to the area with opportunities for boating, fishing, and other recreational pursuits.

This property will be managed by the Division of Marine Resources as an addition to the Charlotte Harbor 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)

RECOMMEND APPROVAL

COUNTY:  Bay

LOCATION:  Section 31, Township 04 South, Range 14 West

CONSIDERATION:  $13,000

APPRAISED BY

REVIEW Presley APPROVED PURCHASE OPTION

NO. PARCEL ACRES (05/31/96) VALUE PRICE DATE

812010 Sims (TT) 0.13 $13,000 $13,000 $13,000 180 days

after BOT

approval

acres, of which 2.5 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 9.37 acres or 78 percent of the project will remain to be acquired.

This entire property is subject to outstanding oil, gas and mineral interests in favor of Doris A. Hardin. Ms. Hardin retained the interests, which are for an indefinite period of time, when she sold the property in 1974. Staff recommends acquiring the property subject to the outstanding interests. The Bureau of Geology determined that based on the present knowledge of the geology in the area, the potential for oil and gas development at this site is low. The sediments with the greatest potential for commercial industrial mineral development are the quartz sands. Further testing needs to be completed in order for this to be confirmed. The Bureau of Appraisal has indicated that the outstanding interests do not affect the market value of the property. The DRP, the future managing agency, has determined that the property 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 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 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 is surrounded by state-owned land or surrounded by land the state intends to acquire;
• the referenced parcel is located within a platted subdivision and the plat 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.

While this parcel is being recommended for a waiver of survey at this time, should the title commitment reveal a substantive surveying or surveying related issue which impacts the parcel, a certified survey will be provided by the purchaser prior to closing. In the event a full survey is waived, a professional land surveyor will inspect the property for any visible evidence of improvements or potential boundary issues. In cooperation with the managing agency, the DSL will acquire any special purpose survey work necessary for the effective management of this property.

This property will be managed by the DRP as an addition to the St. Andrews State Recreational Area.

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

COUNTY: Monroe

LOCATION: Section 04, Township 66 South, Range 29 East

CONSIDERATION: $80,000

On March 12, 1996, the Board of Trustees exercised its authority under section 259.041(1), F.S., to waive the normal appraisal procedures and to substitute other reasonably prudent procedures. This enabled the DSL to utilize approved appraised values that were based on land use regulations in effect as of January 1, 1996, in Monroe County and Big Pine Key, Florida.

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 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 parcel to be acquired meets all of the following conditions:

• the parcel is in a subdivision containing lots the state intends to acquire;
• the parcel is located within a subdivision in which the controlling land corners have been recently surveyed by Lombardo and Skipper, Inc., and the survey drawing is acceptable for computing acreage;
• the parcel is in its natural unimproved condition;
• it appears that the boundaries of the parcel do not adjoin fences or improvements other than those managed by the state except for the south line; and
• the parcel was visually inspected on April 16, 1998.

A title insurance policy will be provided and an environmental site assessment may be provided by the purchaser prior to closing. The managing agency will perform site inspections and, as in prior purchases in this project, unless contaminants are found, a site specific environmental site assessment will not be performed.

The subtropical pine forests of rapidly developing Big Pine Key and the islands around it are the home of the endangered Key deer as well as of many Caribbean plants found nowhere else in the country. Rich coral reefs and other hardbottom communities flourish in the shallow water around the islands. The Coupon Bight/Key Deer CARL project will protect the remaining undeveloped land on Big Pine and No Name Keys, without which, the Key deer will not survive; protect the water quality of the Coupon Bight Aquatic Preserve and the other waters surrounding the islands; and provide the public an area to appreciate the unique natural world of this part of Florida.

The property will be managed by the U.S. Fish and Wildlife Service as a part of the National Key Deer Refuge.

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 1-11)

RECOMMEND APPROVAL

COUNTY: Palm Beach

STAFF REMARKS: The Rotenberger/Seminole Indian Lands CARL project is ranked number 7 on the CARL Mega/Multiparcel Project List approved by the Board of Trustees on February 10, 1998, and is eligible for negotiation under the Division of State Lands’ (DSL) Land Acquisition Workplan. This project contains 79,170 acres, of which 76,922 acres have been acquired or are under agreement to be acquired by the Board of Trustees.

On May 28, 1998, the Board of Trustees authorized the Director of the Division of State Lands, Department of Environmental Protection, or his designee, to extend offers and approve any contract for the sale and purchase of land pursuant to section 259.041(1), F.S., at 125 percent of or $500 over the appraised value, whichever is greater, when the purchase price per parcel does not exceed $50,000. Approximately 320 offers have been extended and over 50 contracts for sale and purchase have been executed and are being processed for closing. The remaining owners either rejected the offer to purchase or have not responded.

One of the prerequisites to the Board of Trustees’ voting to direct the Department of Environmental Protection to exercise the power of eminent domain is the requirement that at least two bona fide offers to purchase land through negotiations must have been made and, notwithstanding those offers, an impasse between the state and the landowner was reached. As noted in the May 28, 1998 agenda item, a recent court decision found that offers made "subject to approval" of the Board of Trustees are not considered bona fide offers. While this expanded authority is not expected to significantly increase the number of additional parcels acquired by voluntary means, it will satisfy the bona fide offer requirement and hopefully will reduce the overall cost of acquisition when compared to the potential costs associated with utilizing the Board of Trustees’ power of eminent domain. At this time, staff is seeking authority to make offers at 150 percent of or $1,000 over the DSL approved value, whichever is greater, and to approve any contract within these limits.

(See Attachment 7, Pages 1-5)

REQUEST: Consideration of four purchase agreements to acquire 1.49 acres by the Department of Management Services from Anthony Prado, et al, I. Barry Blaxberg, Trustee, Charles T. Hubbard and the City of Opa Locka.

COUNTY: Dade

APPLICANT: Department of Management Services (DMS)

LOCATION: Section 21, Township 52 South, Range 41 East

CONSIDERATION: $415,300

APPRAISED BY

REVIEW PARCEL#/ Danner APPROVED PURCHASE CLOSING

NO. SELLER ACRES (11/20/96) VALUE PRICE DATE

812006 1/City of Opa Locka 0.79 $ 69,000 $ 69,000 $ 69,000 *

812007 2/Prado 0.06 $ 5,300 $ 5,300 $ 5,300 *

812008 3/Blaxberg 0.25 $190,000 $190,000 $190,000 *

812009 4/Hubbard 0.25 $100,000 $100,000 $ 80,000 *

5/City of Opa Locka 0.14 $ 71,000 $ 71,000 $ 71,000 *

1.49 $435,300 $415,300

* closing shall be within 60 days after DMS’ receipt of the title insurance commitment or the BOT’s approval, whichever

occurs later

The Opa-Locka Regional Service Center (OLRSC) was initiated in 1991. The north half of the project area is owned by the City of Opa-Locka (City) and will be donated to the Board of Trustees for the OLRSC. The south half of the project was in five separate ownerships. Contracts were negotiated with three of the owners and the remaining two ownerships were acquired by the City via eminent domain and are being sold to DMS for the maximum value

allowed under the law.

Improvements consist of a 6,966 square-foot commercial building on the Blaxberg parcel; a 3,834 square-foot commercial building on the Hubbard parcel; and a 1,771 square-foot commercial building on Parcel No. 5/City of Opa-Locka ownership. DMS is aware of the improvements and has indicated they will remove the buildings after closing.

All mortgages and liens on the parcels will be satisfied at the time of the closings. In the event the commitments for title insurance reveal any other encumbrances which may affect the value of the parcels or the proposed management of the parcels, staff will so advise the Board of Trustees prior to the closings.

A certified survey of each parcel will be provided by each seller prior to closing with DMS reimbursing each seller’s survey costs and title insurance costs. DMS will obtain an environmental site assessment of the entire site.

These parcels will be managed by DMS as a Regional Service Center Facility.

These acquisitions are consistent with section 187.201(18), F.S., the Public Facilities section of the State Comprehensive Plan.

(See Attachment 8, Pages 1-71)

REQUEST: Consideration of an application for (1) a five-year sovereignty submerged land lease for an existing commercial gravel off-loading operation containing 61,579 square feet, more or less; (2) placement of six "dolphins" (piling clusters) for barge mooring; and (3) authorization for the severance of 889 cubic yards of sovereign material and 2,145 cubic yards of gravel located on sovereignty submerged lands.

COUNTY: Okaloosa

Application No. 46-0286451-001-DF

APPLICANT Coastal Materials, Inc.

Outstanding Florida Water - No

Aquatic Preserve - No

CONSIDERATION: $104,973.18, representing (1) $8,698.04 as the initial lease fee computed at the base rate of $0.1130 per square foot, and including the initial 25 percent surcharge payment; (2) $1,111.25 for the severance of 889 cubic yards of sovereign material computed at the rate of $1.25 per cubic yard pursuant to section 18-21.011(3)(a)3, F.A.C.; and (3) $95,163.89 as lease fees in arrears, with interest, plus 30 percent discount fee not assessed under the temporary use agreement, of which the applicant has already paid $24,879.10. Sales tax will be assessed pursuant to section 212.031, F.S., if applicable.

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 land under chapter 253, 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 land 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 land. If the Board of Trustees approves the request to use sovereignty submerged land and the activity also qualifies for a wetland 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 land, whether or not the activity qualifies for a wetland resource permit, the DEP will issue a "Consolidated Notice of Denial" for both the wetland resource permit and the authorization to use sovereignty submerged land.

The applicant is requesting a five-year sovereignty submerged land lease for a barge mooring area at an existing commercial rock and gravel off-loading facility. The proposed lease area will contain approximately 61,579 square feet, more or less, and will include the construction of six multi-piling dolphins. The lease area will be used to moor four 35-foot by 195-foot barges, one 40-foot by 95-foot "crane barge" and a 30-foot by 85-foot tug boat. The applicant also proposes to dredge approximately 889 cubic yards of sovereign material and 2,145 cubic yards of gravel from the existing mooring area, and construct a 30-foot concrete retaining wall and a perimeter berm on the uplands.

The existing gravel off-loading facility has operated at the site since the 1940’s and currently preempts approximately 60,486 square feet, more or less. The difference in the square footage between the existing and proposed lease areas are the result of different mooring configurations. The gravel is purchased by the applicant from upland sources and transported by several different vendors to the off-loading site by barge. The material is moved from the barges to shore by a barge-mounted crane with a clamshell bucket and distributed to consumers by truck. This off-loading practice results in spillage of material into the bayou, some of which has migrated into adjacent property owners’ boatslips. The applicant is requesting authorization to dredge approximately one-half of the barge mooring area from a depth of -2 feet to a depth of -9.5 feet mean low water. Sediment analysis within the proposed dredge area has revealed that approximately 29 percent (889 cubic yards) of the proposed dredge material is native sand and the remaining 71 percent (2,145 cubic yards) is gravel.

Although the current facility does not have any existing structures, the definition for "revenue generating/income related activity" means an activity on sovereign submerged lands which produces income through rental or any other means or which serves as an accessory facility to other commercial or industrial operations. Staff is of the opinion that the facility meets these criteria; and, therefore needs to be brought under lease. There are approximately 11 similar submerged land leases within the DEP Northwest District which have either no structures or have a bulkhead adjacent to a revenue generating mooring area. Two of those 11 leases were approved by the Board of Trustees, the other nine were approved by DEP via delegation of authority.

The applicant’s off-loading operation has resulted in complaints from local citizens and users of nearby marinas to the Florida Marine Patrol (FMP) and DEP Northwest District office beginning as early as 1993. The complaints included barge mishandling and turbidity resulting from prop dredging. As the applicant has no existing mooring pilings, the barges are pushed against the bank and held by the tugs with their engines running, which prevents the barges and tugs from drifting. The applicant is unable to moor the barges and tugs any other way until the lease is issued and the mooring pilings can be installed. Three special lease conditions have been included at the request of the FMP in order to correct these problems and to insure safe and nuisance-free operation of the facility.

The applicant was notified on February 10, 1995, through a Consent Order, that a permit and a submerged land lease would be required. The application was received on March 22, 1996. On May 29, 1997, a temporary use agreement (TUA) was signed and payment of $24,879.10 was made for the 60,846 square feet of historically used, preempted area. The expiration date of the TUA is either June 30, 1997, or the date of execution of the sovereignty submerged land lease. The lease fees in arrears were calculated without interest, but with the 30 percent discount from June 30, 1991 through June 30, 1997, pursuant to section 18-21.011(1)(b)2, F.A.C. It is now recognized that the facility does not qualify for the 30 percent discount because it is not open to the public on a "first-come, first-served" basis. Staff recommends a waiver of the $8,344.33 in interest and $10,662.47 for the 30 percent discount, because the applicant has acted in good faith to bring the facility under lease.

Warranty deeds provided for the applicant’s five upland parcels, associated with the project site, indicate that the property was purchased between August 30, 1971 and December 27, 1972. As such, the project is considered an unauthorized, unregistered grandfathered facility, pursuant to section 18-21.00405(1) and (3), F.A.C., since the site was not registered under either grandfather registration period. Pursuant to section 18-21.00405(3) and 18-21.011(1)(b)12.b., F.A.C., lease fees in arrears, including interest, shall be assessed from September 30, 1984. Staff recommends that lease fees in arrears, without interest, at the base rate, be assessed from September 30, 1984, pursuant to section 18-21.011(1)(b)12.a., F.A.C. Staff also recommends that the $12,321.55 interest on the lease fees in arrears, from September 30, 1984 to June 30, 1991, and the $497.34 in interest on the lease fees in arrears from June 30, 1997 to July 14, 1998, be waived.

In an effort to reduce the amount of spillage both during the off-loading process and from the piles of upland material sloughing into the water, the applicant has agreed to maintain a one-foot high earthen berm along the waterfront and side property lines. This berm will also contain any stormwater run-off on site, however, no water quality violations directly attributed to this facility have been documented. As such, the facility has been grandfathered and no stormwater permits pursuant to rule 62-25, F.A.C., are required. It has also been determined that gravel off-loading facilities do not require an Industrial Waste permit pursuant to rule 62-660, F.A.C., since they do not have a point source discharge. The applicant’s willingness to construct a perimeter berm and a catchment basin are over and above what is required by rule 62-312, F.A.C., and will allow this facility to operate in a more environmentally sound manner. The applicant is a small business with limited financial capabilities. A waiver of the interest for the past operation of the facility will allow the applicant to expend those resources that would otherwise be paid in the form of interest on lease fees in arrears, towards on-site improvements.

The DEP Wetland Resource Permit does not authorize sewage pumpout facilities and prohibits liveaboards and fueling facilities. The project is located in Class III, Shellfish Harvesting Prohibited Waters and as such, no comments were obtained from the Division of Marine Resources. The project was not noticed pursuant to section 253.115(5)(g), F.S., as the project is an unregistered grandfathered facility.

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 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 plan into compliance. The proposed action is consistent with the adopted plans amended according to a letter received from the City of Valparaiso dated May 1, 1996.

(See Attachment 9, Pages 1-23)

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 a public hearing 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. Staff recommended deferral of the adoption hearing to July 14 so that the Extended Term Lease rule could be considered at the same time as the Special Events rule, and to give the marina industry additional time to supply data on gross receipts from the rental of wetslips on submerged lands. This data would be evaluated to determine if a revision to the current lease fee structure would be appropriate. The Board of Trustees approved the deferral and continuance of the adoption hearing to July 14. The Marine Industries Association of Florida (MIA) requested such information from its members and other marinas. However, MIA stated that it received very few responses and, therefore, could not provide the DEP with any valid gross receipts information.

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 changes 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.

REQUEST: Consideration of adoption of proposed rule amendments to chapter 18-21 of the Florida Administrative Code that address the procedures, fees, forms of authorization, and standards applicable to the construction, operation, and removal of special events on sovereignty submerged lands.

to motorboat racing, high speed motorboat contests or high speed displays in waters where manatees are known to frequent. The Board of Trustees approved the deferral and continuance of the adoption hearing to July 14.

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.