(See Attachment 1, Pages 1-30)

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

Item 2, cont.

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.

Item 2, cont.

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.

APPLICANT: Richard R. Bassett

Aquatic Preserve: No

Outstanding Florida Waters: No

Manatee Area Idle/Slow Speed/Caution Zone: Yes

CONSIDERATION: $8,885.00, representing the initial lease fee computed at the base rate of $0.1130 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 for the additional area. 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 reconfigure an existing 63-slip marina by (1) removing three docks; (2) relocating and adding pilings; (3) constructing a 760 square-foot dock addition to an existing travel lift (dock number 3); and (4) constructing four finger pier additions measuring 12-feet long by 2.4-feet wide with a terminal platform to total 235.2 square feet (dock number 7). The proposed structures total 995.2 square feet. The proposed activities will decrease the number of slips from 63 to 60. The maximum size and deepest draft of vessels expected to use these docks is 45-feet with a 42-inch draft. The lessee sells boats and operates the marina in conjunction with the lessee’s existing upland boat repair facility. The lessee also rents slips to individuals who are purchasing boats from the facility and to the general public.

The original sovereignty submerged land lease was approved by the Board of Trustees on February 2, 1978, and has since been renewed and modified several times. The most recent modification occurred on November 12, 1997, when the lease was assigned to the current lessee and the lease was expanded from 25,493 square feet to its current size of 39,153 square feet. The expansion was due to several docks at the facility losing their grandfathered status as a result of the current lessee’s purchase of the adjacent upland property. Due to the configuration of the existing structures and limited lease boundaries, non-leased submerged lands between, and in front of, the docks have been historically preempted from public use by previous vessel operations, including temporary mooring of boats awaiting repair at the facility. To avoid potential lease violations by encroaching on sovereignty submerged lands outside the lease boundaries, the current lessee wishes to expand the lease area from 39,153 square feet to 93,070 square feet.

The Department of Environmental Protection issued a Noticed General Permit (NGP) for the project on May 6, 1998, for the pier additions, pilings and dock extension for the regulatory portion of the proposed activity. The NGP 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. NGP’s are not required to be linked with the proprietary authorization, pursuant to section 373.427, F.S.

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 the DCA and the local government, an amendment has been adopted which brought the plan into compliance. The proposed action is consistent with the adopted plan as amended according to a letter received from Robert E. Steiner, Zoning Compliance Supervisor for Martin County.

(See Attachment 3, Pages 1-9)

REQUEST: Consideration of a final settlement in the case of Board of Trustees of

CONSIDERATION: $29,000

STAFF REMARKS: The Board of Trustees filed a lawsuit in 1992 against several defendants to quiet title to sovereignty submerged lands located in Monroe County and within the JHT subdivision that were filled without permits. These lands are also located within the boundaries of the North Key Largo Hammocks CARL project. Defendants other than Inocente Chang’s estate have heretofore settled with the Board of Trustees. This proposed settlement agreement will result in a final settlement of this lawsuit.

Inocente Chang was the record owner of lots 16, 17 and 18 in the JHT subdivision. Mr. Chang constructed a residence on his property that straddles lots 17 and 18. It is the Board of Trustees’ position in the pending litigation that certain portions of the JHT subdivision were illegally filled, including some portion of two of the above lots owned by Chang, and that title to these illegally filled lots is still vested in the Board of Trustees.

Mr. Chang died in 1995. At the time of his death, the proposed settlement agreement as discussed below had already been agreed upon by Mr. Chang and the Department of Environmental Protection. The administrator of the estate agreed to honor the proposed settlement agreement. However, the delay in effectuating the settlement agreement has been the delay in probating the estate.

Recognizing that it is generally not the policy of the Board of Trustees to acquire improved residential properties; and further recognizing that it is not the policy of the Board of Trustees to pursue quiet title actions against improved residential properties, staff has negotiated a settlement with Mr. Chang’s estate. In consideration for settling the lawsuit, Chang’s estate will convey to the Board of Trustees by warranty deed title to lot 16 for $29,000, which is the value determined by an appraisal of the property obtained on September 18, 1992. Lot 16 is an unimproved upland lot that will be an addition to John Pennekamp State Park. This conveyance will eliminate future condemnation costs to the state to acquire that lot. The grantor will furnish title insurance on lot 16 to the Board of Trustees. Mr. Chang’s estate will also convey to the Board of Trustees any interest it has in Tracts A and B of the JHT subdivision and the canal located within the subdivision. In exchange for these conveyances the Board of Trustees will issue a quit claim deed to Chang’s estate for lots 17 and 18, on which the house is located.

This will resolve all issues involving lots 16, 17 and 18 of the JHT subdivision, and will conclude the litigation.

Consideration of the status of the local government comprehensive plan was not made for this item. The Department of Environmental Protection has determined that the proposed action is not subject to the local government planning process.

(See Attachment 5, Pages 1-17).

REQUEST: Consideration of a request to approve an initial 20-year sovereignty submerged land lease for a proposed commercial marina with a boat ramp in conjunction with an upland dry dock boat storage facility and parking lot, containing 27,113 square feet, more or less.

COUNTY: Walton

Lease No. 662670359

APPLICANT: LaGrange Bayou Marina Inc., a Florida corporation

LOCATION: Section 22, Township 01 South, Range 19 West, in LaGrange Bayou, within the local jurisdiction of Walton County. Aquatic Preserve: No

CONSIDERATION: $ 3,339.51 representing (1) $2,910.58 as the initial annual lease fee computed at the base rate of $0.1130 per square foot discounted 30 percent because of the first-come, first-served nature of the facility; and including the initial 25 percent surcharge; and (2) $ 428.93 as the annual extended lease term payment calculated at 20 percent of the lease fee. Sales tax will be assessed pursuant to Section 212.031, F. S., if applicable.

STAFF REMARKS: The applicant is proposing to construct a 24-slip commercial marina with a public boat ramp and fueling facility. Authorization for the construction of the marina was approved by the Northwest District Office through delegation of authority on May 21, 1998. That initial authorization was for a five-year lease. The Northwest District Office is aware of the current proposal and concurs with the request.

The applicant wishes to enter into a 20-year lease because of financial needs and requirements of a loan arrangement with the U. S. Small Business Administration. Pursuant to Section 18-21.008(1)(b)2, F.A.C., leases shall be for a term of up to 25 years, and renewable at the option of the Board of Trustees. Staff has reviewed the request for compliance with the proposed rule amendments concerning extended-term leases and this request is consistent with the proposed rule.

The primary concern previously expressed by the Board of Trustees on this issue has focused on ensuring that the Board of Trustees’ proprietary and fiduciary roles are not limited in any way by long-term commitments. To address this concern, the Board of Trustees approved a special lease condition to be incorporated into extended term leases. As a result, that special lease condition will be incorporated into the proposed lease.

The applicant has provided a 20-year upland lease agreement as evidence of upland ownership. Staff has requested the applicant to provide a copy of a current title insurance policy or an attorney’s title opinion stating that LaGrange Bayou Marina Inc., has a current leasehold interest in the upland property in order to accept the upland lease agreement as satisfactory evidence of upland ownership. This has been addressed as a special approval condition.

The applicant has advised that this facility does not facilitate/provide slips for "Cruises to Nowhere".

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 the request for an extended lease term for this facility is not subject to the local government planning process.

(See Attachment 6, Pages 1-8)

REQUEST:  Consideration of (1) an option agreement to acquire 543.22 acres within the Belle Meade CARL project from James R. and Sallye Jude; and (2) a request for survey waiver for parcel 422A.

COUNTY:  Collier

LOCATION:  Section 35, Township 50 South, Range 27 East; and Section 03, Township 51 South, Range 27 East

CONSIDERATION:  $1,032,200

APPRAISED BY

REVIEW Catlett Dane APPROVED PURCHASE OPTION

NO. PARCEL ACRES (09/05/95) (09/22/95) VALUE PRICE DATE

813007 Jude/419, 543.22 $1,090,000 $977,800 $1,090,000 $1,032,200 180 days

422A & B 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 waiver of the requirement of survey for parcel 422A is being requested pursuant to section 18-1.005, F.A.C., because, in the opinion of the Bureau of Survey and Mapping, parcel 422A meets all of the following conditions:

• the parcel is surrounded by state-owned land or surrounded by land the state intends to acquire;
• the parcel or the parent tract have been surveyed since 1900, and the survey drawings are acceptable for computing acreage;
• the parcel is in its natural unimproved condition; and
• the boundaries of the parcel do not adjoin fences or improvements other than those managed or intended to be managed by the state.

While parcel 422A 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 the 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 Division of State Lands will acquire any special purpose survey work necessary for the effective management of the property.

Certified surveys for parcels 419 and 422B, title insurance policies, environmental site evaluations and, if necessary, environmental site assessments will be provided by the purchaser prior to closing. The seller will reimburse purchaser’s title insurance costs.

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 7, Pages 1-28)

RECOMMEND APPROVAL

COUNTY:  Collier

LOCATION:  Sections 19, 20, 28, 29, 30, 32 and 33, Township 50 South, Range 27 East

CONSIDERATION:  $4,435,000

APPRAISED BY

REVIEW Catlett Dane APPROVED PURCHASE OPTION

NO. PARCEL ACRES (11/14/95) (12/28/95) VALUE PRICE DATE

813012 283 A&B 367.80 $ 920,000 $ 920,000 $ 920,000

(08/22/96) (08/22/96)

283 C 1,426.10 $3,565,000 $3,565,300 $3,565,300

1,793.90 $4,485,300 $4,435,000 09/15/98

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, an 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 8, Pages 1-38)

RECOMMEND APPROVAL

COUNTY:  Collier

LOCATION:  Sections 01 and 12, Township 50 South, Range 28 East

CONSIDERATION:  $1,836,250

APPRAISED BY

REVIEW PARCEL/ Bowen APPROVED PURCHASE OPTION

NO. OWNER ACRES (11/14/97) VALUE PRICE__ DATE

813013 2W/Turkey Trot Farms, Inc. 70 $ 225,000 $225,000 $225,000 180 days

813014 2E/Turkey Trot Farms, Inc. 80 $ 180,000 $180,000 $180,000 after BOT

813015 4/Environ. Rest. Nursery, Inc. 80 $ 230,000 $230,000 $230,000 approval

813016 5/Zero-Scape Nursery, Inc. 80 $ 220,000 $220,000 $220,000

813017 6/Clifford and Florence Fort 75 $ 206,250 $206,250 $206,250

813018 7/Theta Properties, Inc. 40 $ 100,000 $100,000 $100,000

813019 8/Theta Properties, Inc. 40 $ 100,000 $100,000 $100,000

813020 9/Comfort Realty Corporation 20 $ 50,000 $ 50,000 $ 50,000

813021 11/White Panther Tropicals, Inc. 67 $ 167,500 $167,500 $167,500

813022 12/Plummer Realty Corp. 50 $ 125,000 $125,000 $125,000

813023 13/Clifford Fort 5 $ 12,500 $ 12,500 $ 12,500

813024 14W/Florida Native Foliage, Inc. 40 $ 120,000 $120,000 $120,000

813025 14E/Florida Native Foliage, Inc. 40 $ 100,000 $100,000 $100,000

687 $1,836,250 $1,836,250 $1,836,250

These properties are being acquired under the $25 million Farm Bill grant for the U. S. Department of Interior. As acreage tracts, these parcels were not included in the recent mass appraisal of subdivided lots performed as part of the settlement of the claim of inverse condemnation by nearly 3,900 lot owners in Southern Golden Gate Estates. While the settlement agreement required that the plaintiffs be given first priority, the plaintiff’s representative has given permission to us to proceed with the acquisition of these parcels.

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.

West of the huge sawgrass marsh of the central Everglades spreads a landscape of cypress swamps, marshes, slash-pine flatwoods, and tropical hammocks, through which water slowly flows to the mangrove swamps of the Ten Thousand Islands. The Save Our Everglades CARL project will conserve three large pieces of this landscape, connecting and extending existing conservation lands, helping to save the last of the Florida panthers and a host of other rare animals and tropical plants, preserving the flow of water to the rich estuaries of the Gulf coast, and allowing the public to enjoy this unique landscape for years to come.

These properties will be managed by the Florida Department of Agriculture and Consumer Services, Division of Forestry as a part of the Picayune Strand 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 9, Pages 1-128)

RECOMMEND APPROVAL

COUNTY:  Lake

LOCATION: Section 19, Township 18 South, Range 29 East

CONSIDERATION:  $455,000

APPRAISED BY

REVIEW Goodman APPROVED PURCHASE OPTION

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

813004 Van Dellen/5 185.51 $482,500 $482,500 $455,000 180 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.

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.

This property will be managed by the Florida Department of Agriculture and Consumer Services, Division of Forestry as part of the Seminole 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 10, Pages 1-32)

RECOMMEND APPROVAL

COUNTY: Wakulla

LOCATION: Section 03, Township 03 South, Range 01 West

STAFF REMARKS: The Wakulla Springs Protection Zone CARL project is ranked number 23 on the CARL Priority 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 10,243 acres, of which these would be the first to be acquired.

The Wakulla Springs Protection Zone project overlies large subterranean conduits thought to have a direct link with the main spring at Edward Ball Wakulla Springs State Park. Based on the pattern of sinkholes and known conduits, this northwest portion of the project was declared essential for acquisition. The Kirton property is a critical connector between the park and the essential lands to the north.

The Kirton parcel is in imminent danger of development and must be acquired to protect a unique resource, the aquifer feeding Wakulla Springs through a subterranean connection. Development of this parcel could result in irreparable damage to Wakulla Springs water quality. For several years, the owner has aggressively, but unsuccessfully, pursued zoning and comprehensive land use plan changes from agricultural/rural uses to a commercial classification. Recently, the owner has been granted a conditional use permit by Wakulla County that will allow the development of a proposed commercial RV park. This permitted use could presumably trigger rezoning and

further commercial development for the area in the future.

Development of this parcel could contribute to groundwater and surface water pollution. Because the entire area surrounding the state park is karst topography, pollutants such as petrochemicals

and sewage, making their way into these subsurface areas, could result in diminishing water quality in Wakulla Springs. In addition, these pollutants could make their way under State Road 267 into Indian Springs Run that flows into Sally Ward Spring Run and eventually into Wakulla River within the state park.

One of the prerequisites to the Board of Trustees voting to direct the Department of Environmental Protection (DEP) 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. A recent court decision found that offers made "subject to approval" of the Board of Trustees are not considered bona fide offers. In this instance, in order to satisfy the bona fide offer requirement, staff is recommending that the Board of Trustees substitute the alternative procedure of approving the offers prior to their being made and authorizing the Director to extend such offers and approve any contract that should result so long as it does not exceed the indicated amounts. Pursuant to section 259.041(1), F.S., the Board of Trustees may substitute other reasonably prudent procedures provided the public’s interest is reasonably protected. By seeking the Board of Trustees’ approval of these offers prior to their being made, DEP staff believes the public’s interest is being reasonably protected.

DEP staff is seeking authority to offer amounts in excess of the DSL approved value to improve the chances of reaching agreement on a voluntary basis. While this will increase the cost of acquiring this property on a voluntary basis, it 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 up to 115 percent of the DSL approved value, and to approve any contract within this limit.

(See Attachment 11, Page 1)

COUNTY: Brevard

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

CONSIDERATION: $1,763,500 (Board of Trustees’ 50 percent share of the total purchase price of $3,527,000)

STAFF REMARKS: The Brevard Coastal Scrub Ecosystem CARL project is ranked number 6 on the CARL Bargain/Shared List approved by the Board of Trustees on February 10, 1998, and is funded under the Division of State Lands’ Land Acquisition Workplan. The project contains 27,745 acres of which 3,407 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves these agreements, 21,981 acres or 79 percent of the project will remain to be acquired.

On June 9, 1998, the Board of Trustees authorized staff to enter into an acquisition agreement with the St. Johns River Water Management District (District) to acquire the WU-Titusville, Inc. (formerly known as World Union) and Guilford ownerships located in 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.

In addition to the 2,447 acres being considered today, the WU-Titusville, Inc., ownership has an additional 1,335 acres of potentially sovereign land and the Guilford ownership has an additional 1,591 acres of potentially sovereign land. Pursuant to the District’s procedures, these owners are not being compensated for the potentially sovereign land, and any potential title interest the owners may have will be deeded to the Board of Trustees and the District at closing.

Both entire properties are subject to outstanding oil, gas and mineral interests with the right to enter and to use the surface and subsurface for the purpose of exploring for and extracting, storing and transporting said products. On March 16, 1970, Bruce E. Puckett was deeded all of the interests to run indefinitely. The District intends to attempt to extinguish these interests at closing. In the event this does not occur, 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; however, they do not believe that there is significant potential for commercial development of the existing resources. Both appraisers have indicated that the outstanding interests do not affect the market value of the properties. The Florida Game and Fresh Water Fish Commission (G&F), the future managing agency, has determined that the properties can be effectively managed subject to the outstanding oil, gas and mineral interests. Title information, to be obtained prior to closing, will reveal whether or not the surface right of entry has been barred by the Marketable Record Title Act.

Pursuant to the terms of the acquisition agreement, the District contracted to purchase the WU-Titusville, Inc. ownership at 76 percent of the approved value, and the Guilford ownership at 81 percent of approved value. The District will 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. Title to the property acquired will vest jointly in the Board of Trustees and District, with each owning an undivided 50 percent fee simple interest. 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.

As provided for in the acquisition agreement, on March 11, 1998, the Governing Board of the District adopted Resolutions No. 98-24 and No. 98-25 requesting reimbursement of the Board of Trustees’ share of the purchase price for the WU-Titusville, Inc. and Guilford parcels, reimbursement of 50 percent of its preacquisition costs and reimbursement of its closing costs. Pursuant to the acquisition agreement, the preacquisition and closing costs will be reimbursed from CARL incidental expense funds. The District’s resolutions contain all of the assurances required by the acquisition agreement.

The Brevard Coastal Scrub Ecosystem CARL project will be managed by the G&F as a wildlife and environmental area with limited public use, including picnicking and environmental education.

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 12, Pages 1-36)

COUNTY: Charlotte

LOCATION: Section 25, Township 41 South, Range 22 East; and Section 30, Township 41 South, Range 23 East

CONSIDERATION: $79,000

All of the Gasparilla Diversified, Inc. property is subject to a 50 percent reservation of outstanding oil and mineral interests, including the right to explore and prospect for, lease, operate, develop and market said products. The reservation was created on December 23, 1954, by Walter S. Hardin. Staff recommends acquiring the properties subject to the outstanding interests. The Bureau of Geology determined that the sediments with the greatest potential for development are sand and shell resources; however, they do not believe that there is significant potential for commercial development of the existing resources. The Bureau of Appraisal has indicated that the outstanding interests do not affect the market value of the properties. The Division of Marine Resources, the future managing agency, has determined that the properties can be effectively managed subject to the outstanding oil and mineral interests. Title information, to be obtained prior to closing, will reveal whether or not the surface right of entry has been barred by the Marketable Record Title Act.

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 are 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 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 private ownerships consisting of canals and seawalls abutting improved lots;
• the referenced parcels are located within an area acceptable for computing acreage;
• the parcels are in their natural unimproved condition; and
• the boundaries of the parcels do not adjoin fences or improvements other than those managed by the state, except for the northerly and westerly lines.

Title insurance policies, environmental site evaluations and, if necessary, environmental site assessments 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.

These properties will be managed by the Division of Marine Resources as an addition to the Charlotte Harbor 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 13, Pages 1-43)

RECOMMEND APPROVAL

COUNTY:  Citrus

LOCATION:  Section 07, Township 17 South, Range 16 East

CONSIDERATION:  $4,000

APPRAISED BY

REVIEW Schaefer APPROVED PURCHASE OPTION

NO. PARCEL ACRES (05/19/95) VALUE PRICE DATE

813010 Williams/14 10.93 $5,500 $5,500 $4,000 180 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.

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 14, Pages 1-32)

RECOMMEND APPROVAL

COUNTY:  Bay

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

CONSIDERATION:  $26,000

APPRAISED BY

REVIEW Presley APPROVED PURCHASE OPTION

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

813011 Akin (ZZ) 0.27 $26,000 $26,000 $26,000 180 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 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 15, Pages 1-24)

RECOMMEND APPROVAL

COUNTY:  Collier

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

CONSIDERATION:  $26,600

APPRAISED BY

REVIEW Miller APPROVED PURCHASE CLOSING

NO. PARCEL ACRES (10/05/97) VALUE PRICE DATE

813008 Spaide/05 2.05 $13,800 $13,800 $13,800 180 days

813009 Hibbs/31 1.81 $12,800 $12,800 $12,800 after BOT

3.86 $26,600 $26,600 approval

STAFF REMARKS:  The Cape Romano Barrier Island Acquisition project is funded through the United States Fish and Wildlife Service’s National Wetlands Conservation Grant Program. Use of state-owned lands as match for the project was approved by the Board of Trustees on January 21, 1998. This project contains 992.25 acres, of which 823.31 acres have been acquired or are under agreement to be acquired.  After the Board of Trustees approves these agreements, 165.08 acres or 17 percent of the project will remain to be acquired.

Both entire properties are subject to outstanding oil, gas and mineral interests. On February 21, 1956, Mary E. Sweeting reserved 50 percent interest and on May 2, 1969, William D. Hixon, Trustee reserved 50 percent interest, both to run indefinitely. 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; however, further investigation would be required to determine the commercial value, if any, of the 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. Title information, to be obtained prior to closing, will reveal whether or not the surface right of entry has been barred by the Marketable Record Title Act.

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. In the event the 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 Division of State Lands will acquire any special purpose survey work necessary for the effective management of the property.

The purchaser will absorb all acquisition costs (excluding taxes and contingency fees), 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 undeveloped 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 16, Pages 1-39)

RECOMMEND APPROVAL

COUNTY: Hardee

APPLICANT: Department of Agriculture and Consumer Services

LOCATION: Sections 09 and 10, Township 34 South, Range 25 East

CONSIDERATION: $23,000

APPRAISED BY

REVIEW PARCEL Dane APPROVED PURCHASE CLOSING

NO. NAME ACRES (04/16/97) VALUE PRICE DATE

813006 Cobb 0.5448 $23,000 $23,000 $23,000 60 days after

BOT approval

The subject property is a portion of the former CSX Railroad corridor adjacent to the Wauchula Farmers Market. This parcel would provide the farmers market with future road frontage along the proposed relocation of US 17 and clear encroachments.

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 survey, title insurance policy and environmental site assessment of the property will be provided by the DACS prior to closing.

The parcel will be managed by the DACS as a part of the Wauchula Farmers Market.

This acquisition is consistent with section 187.201(23), F.S., the Agriculture section of the State Comprehensive Plan.

(See Attachment 17, Pages 1-27)

REQUEST: Consideration of an option agreement to acquire 350.71 acres within the Chassahowitzka Wildlife Management Area by the Florida Game and Fresh Water Fish Commission under the Preservation 2000 program from The Trust for Public Land.

COUNTY: Hernando

APPLICANT: Florida Game and Fresh Water Fish Commission

LOCATION: Section 17, Township 22 South, Range 17 East

CONSIDERATION: $185,500

APPRAISED BY

REVIEW Hayes APPROVED PURCHASE OPTION

NO. PARCEL ACRES (09/19/96) VALUE PRICE DATE

813005 TPL/Kickliter 350.71 $210,500 $210,500 $185,500 180 days after

BOT approval

The Trust For Public Land (TPL) currently holds an exclusive option to acquire this parcel. TPL will exercise its option at a simultaneous closing with the state.

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 and an environmental site assessment will be provided by the GFC prior to closing.

The tract is bordered on the north and the east by the Chassahowitzka Wildlife Management Area and lies within the Weekiwachee Riverine System. The parcel is interspersed with hardwood swamps and hammocks along with estuarine marsh communities providing important wildlife habitat. Acquisition of this site will create a more complete pattern of ownership for the wildlife management area, provide additional wildlife habitat, increase public access, and enhance the overall management of the Chassahowitzka Wildlife Management Area.

The property will be managed by the GFC as an addition to the Chassahowitzka Wildlife Management Area for natural resource conservation and resource-based public outdoor recreation within a multiple-use management regime.

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 18, Pages 1-24)

RECOMMEND APPROVAL

COUNTY: Leon

APPLICANT: Florida State University

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

CONSIDERATION: $379,975

APPRAISED BY

REVIEW Carlton APPROVED PURCHASE CLOSING

NO. PARCEL ACRES (06 /09/ 97) VALUE PRICE DATE

813001 136 1.19 $435,000 $435,000 $379,975 11/30/98

Improvements on this property consist of a 9,727 square-foot office/warehouse building, a detached 840 square-foot metal building, and a detached 5,000 square-foot warehouse. FSU will use the buildings as a maintenance facility.

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 19, Pages 1-36)

COUNTY: St. Johns

Dedication No. 30132

APPLICANT: St. Johns County School Board

LOCATION: Lots 39 and 40, Block 51; Lots 39 and 40, Block 52; Lots 31, 33, 35 and 37, Block 54; Lot 25, Block 81; and Lots 33, 35, 37 and 39, Block 82, Hilden Subdivision, as per plat thereof recorded in Plat Book 3, Page 59, records of St. Johns County, Florida; State Owned Lands Inventory Parcel Nos. 55-0400.0, 55-0410.0, 55-0440.0, 55-0750.0, and 55-0860.0

CONSIDERATION: None

STAFF REMARKS: On August 21, 1979, the Board of Trustees approved the dedication of 1,217 Murphy Act lots located in the Hilden Subdivision to the St. Johns County School Board (School Board) for the construction of a junior/senior high school. The lands were conveyed at no cost to the School Board; however, the dedication was conditioned on use of the lots for school purposes only, and in the event the land was used for other than public school purposes, or the grantee failed to commence construction of a junior/senior high school within three years from date of dedication, title to the land would automatically revert to the State of Florida. Allen D. Nease High School has since been built on the site.

Thirteen lots within the subdivision were not included in the original dedication to the School Board because they did not appear on the certified list of open Murphy Act parcels maintained by the Division of State Lands’ Title and Land Records Section. The School Board subsequently requested a title search of the public records of St. Johns County by North Florida Title Company (North Florida). North Florida determined that the lots in Blocks 51, 52, 81, and 82 were assessed to the Board of Trustees by virtue of tax certificates sold to the State of Florida in 1933. The lots in Block 54 were assessed to the Department of Transportation (DOT) for right-of-way; however, the St. Johns County Property Appraiser’s Office provided the School Board with a copy of a 1955 easement, not a deed, granted by the Board of Trustees to DOT for rights-of-way, drainage ditches and/or borrow pits.

The Title and Lands Record Section has reviewed the new information and now believes title to the thirteen lots is vested in the Board of Trustees. The School Board would like these lots

dedicated to it for public school purposes. The original lots were conveyed at no consideration because of the public school purposes restriction. The School Board is requesting that the additional thirteen lots be dedicated at no consideration since they will also be subject to the public school purposes restriction. Conveyance will be subject to any easements of record.

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 dispositions are not subject to the local government planning process.

(See Attachment 20, Pages 1-23)

COUNTY: Orange

LOCATION: Section 15, Township 23 South, Range 29 East, Orange County, Florida.

CONSIDERATION: $291,500, to be deposited in the Internal Improvement Trust Fund

STAFF REMARKS: The subject surplus property consists of 1.44 acres, more or less, with a two-story masonry building which was originally used as a motel, and several out-buildings. The buildings are substantially deteriorated and were determined by the appraiser to have no value. Historically the property was used by the Department of Health and Rehabilitative Services (now Department of Juvenile Justice) as a half-way house. The Department of Juvenile Justice determined that it had no further use for the property and so notified the Department of Environmental Protection, Division of State Lands (DSL), requesting a release from its lease.

State agencies and local governments were duly notified of the availability of the property; however, none responded. Therefore, on January 23, 1997, the Land Management Advisory Council designated the property as surplus. In June 1998, DSL advertised the property for sale and the following is a tabulation of the bids received and considered by the advertised deadline:

OFFER SUBMITTED BY AMOUNT OF BID

Robert J. Theodore $291,500

Robert A. Faulk $282,050

Azmi Sultan/Javed Arshad $201,577.35

The market value of the property on January 15, 1998, as appraised by Craig H. Clayton, MAI, State Certified General Appraiser, was $215,000. The sale price represents an increase of 36 percent above the appraised market value.

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 21, Pages 1-22)

APPLICANT: City of Key West

LOCATION: Monroe County, Key West, Cow Key Channel/Roosevelt Boulevard

STAFF REMARKS: On April 30, 1997, Circuit Judge Frederick A. DeFuria of the 16th Judicial Circuit issued a Summary Final Judgment in the case of City of Key West and Board of Trustees of the Internal Improvement Trust Fund v. Skifano, et al, (Case No. 94-409-CA-12) granting the Board of Trustees' petition for a Writ of Possession of an area of submerged land in Key West known as Houseboat Row. The Board of Trustees was issued a Writ of Possession which allows for the ejectment of some twenty-six floating structures or houseboats currently occupying Houseboat Row. On January 13, 1998, Key West voters passed a referendum compelling the City of Key West (City) to petition the Board of Trustees to "acquire Houseboat Row," thereby allowing the floating structures to remain on sovereign submerged land under certain conditions. The City's petition in response to the referendum is set forth in its letter of June 9, 1998.

Sometime in the 1950's, houseboats and other structures began to moor along the seawall adjacent to Roosevelt Boulevard at Cow Key Channel in Key West. The area became known locally as Houseboat Row. City efforts in the 1970's and early 1980's to remove the houseboats by local ordinance were unsuccessful, and in 1982 the City petitioned the Board of Trustees to enter into a management agreement with the city for the sole purpose of removing the houseboats and restoring the area. A management agreement was necessary since the City did not own the adjacent upland property, which is part of the right-of-way of State Road A1A and maintained by the Florida Department Of Transportation (DOT). The City's 1982 proposal called for immediate removal of some houseboats while allowing others to remain pending expansion of the City Marina at Garrison Bight, at which time the remaining houseboats would be removed to Garrison Bight Marina.

In exercising its fiduciary Public Trust responsibilities, the Board of Trustees has required for many years that activities on sovereign submerged lands be water dependent. See Rule 18-21.004(1)(d), F.A.C. Stilt houses, boathouses with living quarters, and other similar residential structures are expressly prohibited. See 18-21.004(1)(e), F.A.C. The City's 1982 proposal furthered the Board of Trustees’ goal of removing non-water dependent structures from state-owned sovereign land while providing the houseboat residents with the reasonable alternative of relocating to city-owned Garrison Bight Marina.

The requested management agreement was entered into by the Board of Trustees and the City on June 21, 1983. After the management agreement was executed, the City required all houseboats to enter into temporary lease agreements under which the houseboat owners were required to vacate the premises upon expansion of Garrison Bight Marina. Expansion of Garrison Bight Marina took longer than anticipated. Finally, in early 1993, the City approached the Department of Environmental Protection (DEP) seeking its assistance in removing the houseboats from Houseboat Row. After the City gave the Houseboat Row residents notice that Garrison Bight Marina was ready for occupancy, the residents refused to move. When the residents refused to move, the City and the Board of Trustees (after consultation with the Attorney General required by Delegation ED-10) joined forces and sued the 26 houseboats and residents for ejectment and eviction. Appeals of the Final Summary Judgement have recently been denied by both the Third District Court of Appeal and the Florida Supreme Court.

This dispute has been heavily litigated since 1992. Prior to filing the ejectment/eviction suits, the Board of Trustees and the City were sued by the Houseboat Row residents in Monroe County Circuit Court under allegations that the Board of Trustees, DEP, and City had failed to perform their respective statutory duties to prevent damage and pollution of state lands and waters. This action was dismissed on April 24, 1998. The Houseboat Row residents also sued the Board of Trustees in United States District Court, claiming the Board of Trustees had no authority over them because the United States had preempted the field of anchoring and mooring under the federal Submerged Lands Act. That action resulted in a final Order of Dismissal in the Board of Trustees' favor on November 8, 1993, holding that the Board of Trustees enjoyed full authority over sovereign submerged lands and the waters above them. That decision was affirmed by the United States Court of Appeal for the Eleventh Circuit. Houseboat Row residents also sued the Board of Trustees, the DEP, the City of Key West, the City Commission, and the individual City Commissioners in Monroe County Circuit Court in 1997, alleging that the Defendants had committed criminal and civil violations of Florida's "Government in the Sunshine" Act by holding secret meetings. That suit remains pending at this time.

There are several reasons why the City’s Petition should be denied. First, the use of sovereign submerged land for permanent residential purposes is contrary to both the letter and intent of the Board of Trustees’ rules. Structures intended primarily for residential use are not water dependent as that term has been defined in the Board of Trustees’ rules. See Rule 18-21.003(56), F.A.C. Furthermore, the Board of Trustees’ rules specifically prohibit residential structures on sovereignty lands. See rule 18-21.004(1)(e), F.A.C. These rule provisions have their genesis in the Public Trust Doctrine which provides that public trust lands (sovereign submerged lands) are to be managed primarily so that the general public can use them for fishing, swimming, boating and other recognized trust purposes. To allow the pre-emption of public trust lands for non-water dependent purposes would be inconsistent with this well-founded policy and would have an adverse precedential effect.

A second reason for denying the City’s petition is that the City, as the applicant, does not own the uplands adjacent to the submerged lands it wishes to lease. Rule 18-21.004(3)(b), F.A.C., requires that applications for activities on sovereign submerged lands can only be made by a person with sufficient title interest in the adjacent upland property for the intended purpose. In this case, the upland property adjacent to Houseboat Row is owned by the state and managed by DOT as part of the A1A right-of-way. In addition, the upland area adjacent to Houseboat Row is not really suitable to support a permanent marina facility at this location as it consists only of a parking lane on the highway and a sidewalk next to the seawall.

The DEP has offered to assist the City in developing workable solutions to the unmanaged mooring problem in and around Key West. The City is both a destination and stopping off point for thousands of boaters, many of whom cannot be accommodated in the existing marinas. The DEP has entered into a management agreement with the City under which a mooring field is being installed to accommodate some of this overflow. The City has indicated a willingness to participate in a working group whose charge will be to identify acceptable and environmentally sound options and the DEP intends to participate in this effort. The DEP does not believe, however, that the creation or perpetuation of permanent residential communities on sovereign submerged land should be part of the long range effort to control mooring in the Keys or elsewhere in Florida. For this reason, DEP cannot support the City’s request to stay enforcement of the Writ of Possession and recommends instead that the Board of Trustees direct DEP to proceed.

(See Attachment 22, Pages 1-56)

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 (FAW) 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, 1998; the item was subsequently deferred to the July 28, 1998 meeting of the Board of Trustees. 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, FAW.

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.

COUNTY: Statewide

APPLICANT: Department of Environmental Protection (DEP)

(Special Event Rule)

Staff recommended deferral of the adoption hearing to July 14, 1998, to develop amendments that would conform the proposed rule with the provisions of HB 4039, which became law on May 29, 1998. HB 4039, codified in section 253.0345, authorizes the Board of Trustees to issue consents of use or leases to riparian landowners and event promoters for the installation of temporary structures to facilitate boat shows and displays, in, or adjacent to, established marinas or government owned uplands. If an upland riparian owner objects to the boat show or display, the Board of Trustees shall balance the interests of the riparian owner and the economic interests of the public and the state as a factor in determining whether a lease or consent of use should be executed. The provisions of the law do not apply 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, 1998; the item was subsequently deferred to the July 28, 1998 meeting of the Board of Trustees.

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 24, Pages 1-85)