Submittal of the minutes of the September 9, 1998, and September 23, 1998 Cabinet meetings.

REQUEST:  Consideration of an option agreement to acquire 82.04 acres within the Wekiva-Ocala Greenway CARL project from Albin Hagstrom & Son, Inc.

COUNTY:  Lake

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

CONSIDERATION:  $203,000

APPRAISED BY

REVIEW Goodman APPROVED PURCHASE OPTION

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

817004 Hagstrom/12 82.04 $205,100 $205,100 $203,000 04/15/99

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

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 Wekiwa 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.

The property will be managed by the 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 2, Pages 1-20)

COUNTY: Highlands

LOCATION: Sections 18 and 33, Township 36 South, Range 29 East

CONSIDERATION: $145,500

APPRAISED BY

REVIEW Ayo APPROVED PURCHASE OPTION

NO. PARCEL ACRES (04/09/98) VALUE PRICE DATE

817009 Reilly 0.46 $70,000 $70,000 $69,500 180 days

817010 Helminger 0.23 $76,000 $76,000 $76,000 after BOT

0.69 $146,000 $145,500 approval

Improvements on the properties consist of two houses. The house on the Reilly property has 1,475 square-feet of living area and the house on the Helminger property has 1,322 square-feet of living area. The Florida Game and Fresh Water Fish Commission (GFC), the future managing agency, intends to use these two houses for residences for the staff assigned to manage the project.

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 high, sandy, Lake Wales Ridge, stretching south from near Orlando almost to Lake Okeechobee, was originally covered with a mosaic of scrub, flatwoods, wetlands, and lakes. The scrub is unique in the world - it is inhabited by many plants and animals found nowhere else - but it has almost completely been converted to citrus groves and housing developments. The Lake Wales Ridge Ecosystem CARL project is designed to protect the best remaining tracts of this scrub and the ecosystems associated with it, thereby preserving several endangered species

and allowing the public to see examples of the unique original landscape of the ridge.

These properties will be managed by the GFC under a single-use concept as a unit of the Lake Wales Ridge Ecosystem.

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 1-43)

REQUEST:  Consideration of an option agreement to acquire 60 acres within the Save Our Everglades CARL project from Turkey Trot Farms, Inc.

COUNTY:  Collier

LOCATION:  Section 01, Township 50 South, Range 28 East

CONSIDERATION:  $236,000

APPRAISED BY

REVIEW PARCEL/ Bowen APPROVED PURCHASE OPTION

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

817002 10/Turkey Trot Farms 60 $236,000 $236,000 $236,000 180 days

after BOT

approval

This property is being acquired under a $25 million Farm Bill grant from the U.S. Department of Interior. As an acreage tract, this parcel was 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 proceed with the acquisition of this parcel.

Improvements on the property consist of a mobile home, a shed, and fencing. The Department of Agriculture and Consumer Services, Division of Forestry (DOF), the future managing agency, has indicated that the mobile home can possibly be used to house volunteers.

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 title insurance policy, a survey, an environmental site evaluation and, if necessary, an

environmental site assessment will be provided by the purchaser 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 connect and extend existing conservation lands, help to save the last of the Florida panthers and a host of other rare animals and tropical plants, preserve the flow of water to the rich estuaries of the Gulf coast, and allow the public to enjoy this unique landscape for years to come.

This property will be managed by the DOF as a part of the Picayune Strand State Forest.

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

(See Attachment 4, Pages 1-21)

RECOMMEND APPROVAL

REQUEST:  Consideration of an option agreement to acquire 528 acres within the Fakahatchee Strand CARL project from Bearcat Development Corp.

COUNTY:  Collier

LOCATION:  Section 06, Township 51 South, Range 30 East

CONSIDERATION:  $528,000

APPRAISED BY

REVIEW Marr Wingo APPROVED PURCHASE OPTION

NO. PARCEL ACRES (02/06/98) (03/10/98) VALUE PRICE DATE

817003 Bearcat 528 $530,000 $528,000 $530,000 $528,000 180 days

Development after BOT

Corp. approval

Preliminary title information indicates that the entire parcel is encumbered by outstanding oil, gas and mineral interests with the right of entry. On April 12, 1979, J. Emmett and Ann L. Kelly, Robert K. and Janis H. Hughes, Mildred C. Cox and Janet M. Fisher reserved a 50 percent outstanding oil, gas and mineral interest; and on June 1, 1979, National Oil & Gas, Inc., reserved a 25 percent oil, gas and mineral interest. The Bureau of Geology has determined that, although an oil well that was drilled ten miles from the subject was plugged and abandoned as a dry well, oil and gas development should not be totally discounted because of the proximity of this parcel to the Sunniland Trend. The Bureau of Geology also indicates that the resource with the most potential is limestone. The appraisers were aware of the outstanding interests and took them into consideration when determining the value of the property. The Division of Recreation and Parks (R&P), 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 certified survey, title insurance policy, environmental site evaluation and, if necessary, an environmental site assessment will be provided by the purchaser prior to closing.

Of the subtropical swamps in south Florida, the Fakahatchee Strand is perhaps the most significant - the richest in orchids and other rare tropical plants, the most critical to the survival of the Florida panther, and the most important for the mangrove swamps of the Ten Thousand Islands. The Fakahatchee Strand CARL project, by preserving this ecosystem, will help to save the last of the panthers, protect the Ten Thousand Islands, and give the public an opportunity to learn about this unique part of Florida.

This property will be managed by R&P as a part of the Fakahatchee Strand State Preserve.

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

(See Attachment 5, Pages 1-29)

RECOMMEND APPROVAL

COUNTY:  Citrus

LOCATION:  Section 24, Township 18 South, Range 16 East

CONSIDERATION:  $13,000

APPRAISED BY

Schaefer

REVIEW (11/22/95) APPROVED PURCHASE OPTION

NO. PARCEL ACRES (12/10/95) VALUE PRICE DATE

817011 Browning/52 1.64 $1,000 $1,000 $1,000 180 days

817012 Browning/53 1.55 $1,000 $1,000 $1,000 after BOT

817013 Browning/54 0.85 $1,000 $1,000 $1,000 approval

817014 Browning/62 31.66 $12,000 $12,000 $10,000

35.70 $15,000 $15,000 $13,000

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

A waiver of the requirement for surveys of parcels 52, 53 and 54 are being requested pursuant to section 18-1.005, F.A.C., because, in the opinion of the Bureau of Survey and Mapping, these parcels to be acquired meet all of the following conditions:

• the parcels are in their natural unimproved condition;
• although the parcel lines were not surveyed, it appears that the boundary of these parcels do not adjoin fences or improvements other than those managed by the state; and
• the parcels were visually inspected using aerial photography.

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

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

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

(See Attachment 6, Pages 1-72)

RECOMMEND APPROVAL

COUNTIES:  St. Lucie and Martin

LOCATION:  Section 24, Township 36 South, Range 40 East; Section 32, Township 36 South, Range 41 East; and Sections 05 and 16, Township 37 South, Range 41 East

CONSIDERATION:  $265,000

Gray

(08/24/94)

REVIEW (02/08/95) APPROVED PURCHASE OPTION

NO. PARCEL ACRES (09/19/97) VALUE PRICE DATE

817005 Comm/182 9.80 $200,000 $200,000 $190,000 180 Days

817006 Herzog/104 & 112 4.12 $ 67,000 $ 67,000 $ 60,000 after BOT

817007 Haskell/244 1.25 $ 6,500 $ 6,500 $ 6,500 approval

817008 Oncin/229 1.25 $ 8,500 $ 8,500 $ 8,500

16.42 $282,000 $282,000 $265,000

STAFF REMARKS: The South Savannas CARL project is ranked number 7 on the CARL Substantially Complete Project List approved by the Board of Trustees on February 10, 1998, and is eligible for negotiation under the Division of State Lands’ Land Acquisition Workplan. The project contains 6,046 acres, of which 4,875.30 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves these agreements, 1,154.28 acres or 19 percent of the project will remain to be acquired.

All mortgages and liens will be satisfied at the time of closing.  In the event the 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 surveys of parcels 229 and 244 are being requested pursuant to section 18-1.005, F.A.C., because, in the opinion of the Bureau of Survey and Mapping, these parcels to be acquired meet all of the following conditions:

• the parcels are surrounded by state-owned land or surrounded by land the state intends to acquire;
• the parcels are located within a subdivision or in a section in which the controlling land corners have been recently surveyed by G.C.Y., 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 boundary of these parcels do not adjoin fences or improvements other than those managed by the state; and
• the parcels were visually inspected via aerial photography on September 16, 1998; (actual on-site inspection was last conducted in 1996.)

Title insurance policies for parcels 104, 112, 244 and 229, surveys for parcels 104, 112 and 182, environmental site evaluations and, if necessary, environmental site assessments for all parcels will be provided by the purchaser prior to closing.

Around Fort Pierce a chain of marshes and lakes separating inland pine flatwoods from the coastal scrub on the high Atlantic Ridge has survived the rapid development of St. Lucie and Martin counties. The South Savannas CARL project will conserve these coastal freshwater marshes and the nearby flatwoods and scrub so that the wildlife and plants of this area, some extremely rare, will continue to survive and the public can learn about and enjoy this scenic remnant of the original southeast Florida.

These properties will be managed by the Division of Recreation and Parks as part of the Savannas State 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 7, Pages 1-40)

RECOMMEND APPROVAL

REQUEST: Consideration of an option agreement to acquire 6,757.6 acres within the Apalachicola River Wildlife and Environmental Area by the Florida Game and Fresh Water Fish Commission under the Preservation 2000 program from New Forestry, LLC.

COUNTY: Franklin

APPLICANT: Florida Game and Fresh Water Fish Commission

LOCATION: Sections 19 through 22, and 27 through 32, Township 07 South, Range 07 West; and Sections 05 and 06, Township 08 South, Range 07 West

CONSIDERATION: $7,000,000

APPRAISED BY

REVIEW Nolan Rogers APPROVED PURCHASE OPTION

NO. PARCEL ACRES (03/06/98) (03/09/98) VALUE PRICE DATE

817001 New Forestry 6,757.6 $7,303,000 $7,134,000 $7,303,000 $7,000,000 120 Days

(Quinn) After BOT

approval

STAFF REMARKS: This acquisition was negotiated by the Florida Game and Fresh Water Fish Commission (GFC) under the P2000 program. This property is within the Apalachicola River Wildlife and Environmental Area and is ranked number 6 on the current GFC Acquisition list.

The entire property may be subject to outstanding leasehold interests for the oil, gas, and minerals in favor of J. R. Sealy. Preliminary title work indicates the lease may have expired. The seller is willing to attempt to acquire the outstanding leasehold interests prior to closing, if necessary. The Bureau of Geology determined that this property does not appear to contain any major economic reserves and that the potential for economic development of the minerals is low. The potential for oil and gas development at this site is considered slight. The appraisers were aware of the outstanding interests and took them into consideration when determining the value of the property. In the event that a determination is made that the lease

has not expired and the seller is unable to acquire the outstanding interests, the GFC recommends acquiring the property subject to the outstanding leasehold interests for the oil, gas, and minerals. 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 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 title insurance policy will be provided by the GFC and a certified survey and environmental site assessment will be provided by the seller prior to closing. At closing, the GFC will reimburse seller’s survey and environmental site assessment costs.

This parcel is virtually surrounded by public lands, including the Tates Hell Wildlife Management Area to the north and east, the Apalachicola River Wildlife and Environmental Area to the west and south, and a portion of the Apalachicola National Estuarine Research Reserve also to the south. The tract is composed of hydrologically altered pine flatwoods, bayheads, swamps, and creek systems, all containing important wildlife habitat. Acquisition of this land will create a more complete pattern of state ownership for the wildlife environmental area, provide additional wildlife habitat, increase public access and enhance the overall management of the Apalachicola River Wildlife and Environmental Area.

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

(See Attachment 8, Pages 1-36)

RECOMMEND APPROVAL

REQUEST: Consideration of a request to approve the management plan for the Wekiva Basin GEOpark.

APPLICANTS: Division of Recreation and Parks and Orange County

LOCATION: Lake, Orange, Seminole, and Volusia counties

STAFF REMARKS: This plan was developed by the Division of Recreation and Parks and describes proposed management activities for the Wekiva Basin GEOpark (Lease Numbers 2386, 2950 and 3571), which consists of 38,697 acres of land owned by the Board of Trustees. A GEOpark (Geographically Efficient Operations) is a series of parks in an area that are operated under one park manager and a common administrative structure. The Wekiva Basin GEOpark consists of Lower Wekiva River State Preserve, Rock Springs Run State Reserve,

and Wekiwa Springs State Park.

The authority to approve management plans has been delegated to the Department of Environmental Protection (DEP); however, when the subject of a delegation involves a controversial matter or an issue of significant public interest, the matter shall be brought before the Board of Trustees for a decision. Public interest in the Wekiva Basin GEOpark management plan centers around a proposed easement to Orange County to establish a section of the West Orange Trail.

Primary resource management activities for the properties include: removal of tram roads; restoration of pasture lands and hydric hammocks; water quality and quantity monitoring for all water bodies; remediation of erosion problems; and fire management of sandhills, flatwoods, and scrub communities. Monitoring and conducting surveys of bald eagles nests, Florida scrub jays, black bears, and aquatic cave fauna and flora are the recommended management activities for designated species located in the GEOpark. Recreational activities offered at the GEOpark include nature study, picnicking, canoeing, bicycling, horseback riding, hiking, camping, fishing, and swimming. Rock Springs Run State Reserve is managed under a multiple-agency management lease, and hunting occurs on the property under a program managed by the Florida Game and Fresh Water Fish Commission (GFC). The following recreational facilities are proposed for the properties:

Wekiwa Springs State Park - campsites, picnic shelters, trailhead facilities, concession building, visitor center expansion, and a greenway connection to the West Orange Trail.

Rock Springs Run State Reserve - an ecology camp, bicycle trails, trailheads, an open-air environmental education center, an interpretive site, and a highway crossing.

Lower Wekiva River State Preserve - primitive camping, canoe trails, trailheads, and a horse camp. In addition, several existing facilities will be repaired and renovated to meet American Disabilities Act (ADA) standards.

The Division of Recreation and Parks recommends that Orange County be granted an easement up to 50 feet wide and approximately 4.5 miles in length for Phase IV of the West Orange Trail. The West Orange Trail is a regional greenway totaling 30 miles in length and is a component of a larger greenway network that links many central Florida communities. The easement would be located along the western boundary of Wekiwa Springs State Park on an existing dirt road that is currently used for security patrols, fence maintenance, and as a fire break for prescribed burning. The easement, which would consist of approximately 27 acres, contains areas of sandhills natural communities that were identified in the Florida Preservation 2000 Remaining Needs and Priorities Addendum Report as inadequately represented on public lands. However, this community type, where it exists within the proposed easement, will be managed to minimize impacts to the greatest extent possible.

A Land Management Review Team, established pursuant to section 259.036, F.S., conducted a review of the Wekiva Basin GEOpark on March 24-25, 1998. One of the team’s conclusions was that locating the West Orange Trail inside the park’s west boundary would be incompatible with resource protection.

The Division of State Lands and the Land Acquisition and Management Advisory Council (LAMAC) completed their reviews of the subject land management plan and found that it fulfilled all requirements of Rule 18-2.021, F.A.C., and sections 253.034 and 259.032, F.S. On May 5, 1998, LAMAC recommended that the management plan be approved with modifications to address the following: (1) archaeological survey; (2) wildlife monitoring activities; (3) optimum carrying capacity for hunters at Rock Springs Run State Reserve; (4) rule citation relating to public use on Rock Springs Run State Reserve; (5) required permits from the U.S.

Fish and Wildlife Service for incidental takes during prescribed burns; and (6) the Wekiva River Basin Interagency Strategic Plan. The Division of Recreation and Parks has modified the plan to incorporate the LAMAC recommended modifications. LAMAC also asked that the design plan for the portion of the West Orange Trail that traverses Wekiwa Springs State Park be submitted to LAMAC for review. The Division of Recreation and Parks and Orange County presented the trail design plan to LAMAC staff on August 13, 1998. LAMAC staff recommended that the design plan be approved with modifications to address the following: (1) remove all invasive oaks less than 50 years in age in sandhills communities; (2) replace each longleaf pine taken with 10 longleaf pines; (3) defer to park biologists for location of replacement trees; (4) replant only native plant species; (5) do not mow native ground cover; (6) minimize construction impact by working with the St. Johns River Water Management District to reduce the width or eliminate the stormwater swale in sandhills communities; (7) locate the equestrian trails as close as possible to paved trail; (8) coordinate with local GFC staff to relocate any species that could be trapped by the proposed fence design; (9) install a fire-tolerant fence; (10) revise the statement of purpose to include the protection of adjacent natural and cultural resources; (11) describe cultural resources; (12) conduct a CARL Phase I archaeological survey before any ground disturbing activities occur; and (13) submit the ISTEA grant to the Division of Historical Resources for review. Orange County has amended the design plan to reflect LAMAC staff’s recommendations. LAMAC approved the amended design plan on October 15, 1998.

If this item is approved and after approval of final trail plans and designs by the Division of Recreation and Parks, survey of the easement by the County, and the County’s receipt of funding for trail construction, the DEP will issue an easement to Orange County to authorize the use of a portion of Wekiwa Springs State Park for development of Phase IV of the West Orange Trail in accordance with the proposed management plan and the site design plan.

REQUEST: Consideration of approval to repeal rules 18-20.004(5)(a)4., 18-20.004(5)(d)7., and 18-20.006, F.A.C.

STAFF REMARKS: Section 120.536 of the Administrative Procedures Act (adopted 1996), requires each state agency to identify all rules and portions of rules adopted before October 1, 1996, that lack sufficient statutory rulemaking authority. As part of this requirement, the DEP identified the following provisions of Chapter 18-20, F.A.C., that lack such statutory authority under chapters 253 and 258 of the Florida Statutes: 18-20.004(5)(a)4., 18-20.004(5)(d)7., and 18-20.006, F.A.C.

Rule 18-20.004(5)(a)4, F.A.C., provides: "When local governments have more stringent standards and criteria for docking facilities, the more stringent standards for the protection and enhancement of the aquatic preserve shall prevail." Rule 18-20.004(5)(d)7, F.A.C., provides: "Marina siting will be coordinated with local governments to ensure consistency with all local plans and ordinances." Rule 18-20.006, F.A.C., provides standards and criteria for evaluating cumulative impacts arising from applications for activities within aquatic preserves.

To correct the lack of statutory authority for these rules, the DEP drafted and provided proposed legislation to the 1998 session of the Florida Legislature. This legislation, in the form of SB 1438, failed to pass. As a result, the Board of Trustees, in accordance with the Administrative Procedures Act, is required to initiate rulemaking to repeal the above rules by January 1, 1999.

On August 21, 1998, the DEP published a Notice of Proposed Rule Development in the Florida Administrative Weekly to repeal the above provisions of chapter 18-20, F.A.C. No requests for a workshop were received. Subsequently, a Notice of Proposed Rulemaking was published in the Florida Administrative Weekly on September 25, 1998. If the Board of Trustees adopts the proposed repeal, the DEP will file a rule certification package with the Department of State. The rule repeals will not become effective until 20 days following the filing of the certification package, which means the repeal could be effective by the end of November 1998.

(See Attachment 10, Pages 1-7)

REQUEST: Consideration of a policy regarding the removal of pre-cut sunken timbers from sovereignty submerged lands by private and commercial interests.

COUNTY: Statewide, primarily north Florida and the Panhandle area

APPLICANT: Department of Environmental Protection (DEP)

STAFF REMARKS: The recovery of pre-cut, sunken timbers located on state-owned or sovereignty submerged lands has been an issue between the state and private and commercial interests desiring to recover these timbers for years. Conflicts have resulted over product ownership, the unauthorized recovery, and DEP’s enforcement of the current Board of Trustees’ policy against the recovery of pre-cut timbers on sovereignty submerged lands. Because of the recent increased interests and activity in the recovery of pre-cut timber and a reconsideration of the habitat value and the environmental impacts of recovery, the DEP is requesting that the Board of Trustees consider revising its policy to allow the recovery of pre-cut timber from sovereignty submerged lands.

The recovery of pre-cut, largely first-growth timber logs from submerged lands is commonly referred to as "deadhead logging." During the 1800s and early 1900s, first-growth timbers were harvested and floated on large rafts downstream to recovery sites along lakes and rivers. During transport, some of the timbers would break loose from the rafts, become waterlogged, and sink to the bottom, where they remain today. Recovery of these timbers today typically involves divers locating the timbers and attaching winch cables to them, in order for the timbers to be hoisted to the surface and floated to a recovery site. This activity is pursued throughout the state, but is primarily concentrated in north Florida where the river systems were the primary source of transport. In the northeast portion of the state, estimates are that approximately 20 percent of the submerged, pre-cut, timber is marketable, while in the panhandle, approximately 80 percent is estimated to be marketable.

A brief historical perspective of the state’s position on deadhead logging was prepared in 1995 by

the DEP’s Office of General Counsel at the request of enforcement staff. Records reflect that the Florida Legislature and the Board of Trustees have historically viewed sunken logs as being the property of the state if located on sovereignty submerged lands and that the unauthorized removal of such logs constitutes trespass on state lands and theft of the products thereof.

Prior to 1974, the Board of Trustees actively leased and sold timber rights to individuals to recover sunken logs and other timbers from sovereignty submerged lands. However, the Board of Trustees discontinued this practice in 1974 because of an objection by the Florida Game and Fresh Water Fish Commission, whose major concern was the removal of aquatic habitat. Additionally, since 1974, deadhead logging has been considered contrary to the public interest because it appeared in conflict with section 253.034(2)(b), F.S., that states, in part:

The timbers to be recovered are not those on submerged lands through natural causes or events; rather, they are there as a result of past commercial timber activities. These timbers are of minimal habitat value since they have no crowns or root systems and have minimal, if any, bark.

At the request of the DEP, the Florida Game and Fresh Water Fish Commission (Commission) reviewed its position on deadhead logging. The Commission provided its findings in a February 27, 1998, communication which states, in part:

The Commission has also volunteered to assist the DEP in environmental assessments that may be required for the approval of deadhead recovery applications.

Since the practice of allowing deadhead logging was discontinued by the Board of Trustees, the DEP has, through the Florida Marine Patrol, made several arrests for the unauthorized recovery of logs from sovereignty submerged lands. Because of the net ban, the general economic conditions in north Florida, and the increased commercial demand for deadhead logs, there has been an increase in the interest and activity of deadhead logging as both a primary and supplemental source of revenue.

In addition to the increase in deadhead logging, the DEP is also confronted with the issue of the recovery of branded timber (s. 536.14, F.S.). Individuals who claim to have title to various brands that were recorded in the "marking" books in local courthouses have approached the DEP regarding the recovery of their property that is located on sovereignty submerged lands. The Attorney General reviewed the issue and opined that, with proper authorization, branded timbers can be recovered (AGO 96-64, 9/5/96). The DEP has no estimate of the number or percentage of branded timber on sovereignty submerged lands, except for estimates provided by prospective harvesters, who claim that nearly all the timber in the Panhandle was branded upon the original harvest and prior to being floated to a recovery site.

This claim is not unreasonable since, at the time the largest tracts were being timbered, the central Panhandle belonged primarily to six major owners. They owned over 200 recorded brands along the Choctawhatchee, Shoal, Yellow, Apalachicola, and Escambia Rivers. There were other smaller operations that may or may not have recorded brands and who harvested their upland timber using the same river system for transport, independent of the large land owners. As a result of multiple timber operations, both branded and unbranded pre-cut timbers exist on sovereignty submerged lands. The Attorney General, in AGO 96-64, recognized that the unbranded timbers are the property of the state, while branded timber is the property of those who have sufficient title interest.

The removal of deadheads may serve as an additional revenue source for the Internal Improvement Trust Fund. The removal of deadhead logs may also open certain waterbodies for improved vessel navigation, allow for high water flushing action, and improve the fisheries and recreational use of previously inaccessible waterbodies. Additionally, the recovery of pre-cut timber may reduce a portion of the harvest of now mature upland forests.

It should be noted that the recovery of deadhead timber is a fairly short term nonrecurring event that will quickly deplete the resource if the Board of Trustees adopts a policy to allow such recovery from sovereignty submerged lands. Ultimately, it is expected that the illegal recovery of this pre-cut timber will continue to deplete the resource even if authorized recovery is not allowed.

Based on these considerations, the DEP recommends that the Board of Trustees adopt the following policy on the recovery of pre-cut timber from sovereignty submerged lands:

The recovery of both branded and unbranded pre-cut timber, excluding dead falls, storm falls, or any other naturally occurring timber on sovereignty submerged lands, shall be allowed in waterbodies where the potential for negative environmental and recreational impacts would be minimal. The following forms of authorization and fees are recommended:

The DEP believes the proposed fees are equitable to the harvesters, provide sufficient revenues to the state to monitor the recovery operations, and provide the state a fair return for the products removed from sovereignty submerged lands. By limiting the use agreements to two persons, both the small and large operations are addressed equally, as a two-person team can only recover so many logs in a set period of time during the limited seasons that allow recovery.

(See Attachment 11, Pages 1-20)