Submittal of the Minutes of the October 26, 1999 Cabinet Meeting.

COUNTY: Charlotte

Lease No. 080000095

APPLICANT: City of Punta Gorda

LOCATION: Section 06, Township 41 South, Range 23 East, adjacent to the Peace River and immediately upstream of Charlotte Harbor, Class III waters, within the local jurisdiction of the City of Punta Gorda

Aquatic Preserve: No

Manatee Area idle/slow speed/caution zone: Yes

Outstanding Florida Waters: No

CONSIDERATION: $21,467.82 representing (1) $16,448.26 as the initial lease fee for the 120,095-square-foot boat slip area computed at the base rate of $0.1156 per square foot and including the 25 percent surcharge for the additional lease area subject to lease fees; (2) $139.56 as lease fees in arrears, including interest, for the unauthorized use of sovereignty submerged land from May 1, 1995, through September 9, 1997; and (3) $4,880 as administrative fines for the unauthorized use of sovereignty submerged land. The lease fees in arrears and administrative fines have already been collected. The project qualifies for waiver of the severance fee pursuant to section 18-21.011(3)(c), F.A.C. Sales tax will be assessed pursuant to section 212.031, F.S., if applicable. The lease fee may be adjusted based on six percent of the annual rental value pursuant to section 18-21.011, F.A.C.

STAFF REMARKS: The lessee is proposing to expand an existing 20-slip commercial docking facility by constructing 60 additional boat slips, thereby creating an 80-slip facility. The original sovereignty submerged lands lease was approved by the Board of Trustees on September 23, 1986, for 20 boat slips and the preemption of 272,320 square feet. The lease was renewed by the Department of Natural Resources in 1991 and by the Department of Environmental Protection (DEP) in 1996, pursuant to a delegation of authority.

On June 15, 1995, the Board of Trustees granted conceptual approval to add 80 boat slips and increase the preempted area to 274,320 square feet. The lessee was required to return to the Board of Trustees for final approval. The conceptual approval was granted because the application was incomplete, lacking an approved Development of Regional Impact (DRI) and an acceptable survey and legal description. The lessee has since provided a copy of a March 18, 1997 letter from the Department of Community Affairs (DCA) stating it would not appeal the Development Order for the Punta Gorda Harbor Development of Regional Impact (no. 97-013). The lessee has also provided a survey and legal description.

The existing lease preempts 272,320 square feet of sovereignty submerged lands. It includes a 20-slip commercial docking facility preempting 31,331 square feet, a 400-foot-long public fishing pier operated by the lessee at no charge to the public and preempting 4,800 square feet, and a 236,189-square-foot open water area adjacent to the existing docking facility. Pursuant to the 1986 Board of Trustees’ action, lease fees are currently assessed against only 31,331 square feet of the lease area where there are existing boat slips being rented by the lessee. The

remaining 240,989 square feet is not subject to lease fees. This open water area was included in the lease in 1986 to give the lessee authority to prevent a growing and dangerous mid-water mooring problem within the marina basin at that time.

In addition to the existing structures, the modified lease will authorize: two 6-foot-wide by 250-foot-long access walkways extending from the existing T-dock, with a total of thirty 4-foot-wide by 30-foot-long finger piers; an existing unauthorized 12-foot-wide by 121-foot-long extension to the fishing pier, and a proposed 12-foot-wide by 40-foot-long terminal platform with benches, lights and a new fish cleaning station; and a 100-foot-wide by 500-foot-long navigational access channel. The 121-foot-long fishing pier extension was recently constructed by the lessee based on the regulatory authorization granted by the wetland resource permit (no. 082032119) issued by the Department of Environmental Regulation (DER) on January 13, 1993. That permit did not include authorization from the Board of Trustees. Therefore, pursuant to the Board of Trustees’ administrative fine policy of August 14, 1992, an administrative fine in the amount of $3,630 was assessed and collected by DEP.

Between May 1995 and September 1997, the lessee allowed a local river cruise boat operator to moor his commercial vessel adjacent to the existing "T" dock. Mooring of the cruise boat was discontinued in September 1997. The "T" dock is within the area for which lease fees are not assessed. Since mooring of that vessel constituted a revenue generating/income related activity pursuant to section 18-21.003(44), F.A.C., the lessee should have been paying lease fees on that area during that time. Therefore, lease fees in arrears, including interest, in the amount of $139.56 were assessed and collected by DEP. That unauthorized mooring also constituted a violation of the lease. Therefore, an administrative fine in the amount of $1,250 was assessed and collected by DEP.

The applicant is also proposing to dredge 32,000 cubic yards of sovereign material to create a consistent depth of -7 feet NGVD within the marina basin. Pursuant to section 18-21.011(3)(c), F.A.C., a waiver of the dredge fees may be granted if the materials are placed on public property and used for public purposes, or if the dredged material has no economic value. The spoil will be temporarily placed in an upland spoil site and will ultimately be relocated to upland areas of the lessee’s Nature Park or the newly established History Park. Any material not suitable for fill at these sites will be transported to a landfill owned by Charlotte County. Therefore, the applicant qualifies for the waiver of the severance fee.

A portion of the permitted dredge area lies within the nearshore area landward of the proposed docking facility expansion pursuant to the modified DEP wetland resource permit. Section 18-21.004(2)(a), F.A.C., states that sovereignty lands shall be managed primarily for the maintenance of essentially natural conditions. Section 18-21.004(2)(g), F.A.C., states that severance of materials from sovereignty lands shall be approved only if the proposed dredging is the minimum amount necessary to accomplish the stated purpose and is designed to minimize the need for maintenance dredging. Since there will be no navigation in this nearshore area, it does not need to be dredged, and dredging this area would exceed the minimum amount necessary to provide sufficient depths for vessels to be moored at the docking facility. Therefore, staff recommends that approximately 28,474 cubic yards of sovereign material be dredged. A special lease condition has been included to prohibit dredging in the nearshore area.

Lease fees are recommended to be assessed on 120,095 square feet of lease area preempted by the existing and proposed revenue-generating docking facility. Lease fees are not recommended to be assessed for the fishing pier because the pier is open to the public at no charge. Pursuant to Board of Trustees action on August 9, 1988 (Patten), the form of consent for the navigation channel would typically be an easement. However, DEP is of the opinion that because the lessee has determined the project to be a public project, no fee would be assessed for the channel. Therefore, rather than creating a separate easement instrument for which no fee is obtained, DEP recommends that the channel be included in the lease area and that no fee be assessed.

As part of a development agreement between the lessee and the upland developer, 30 of the 60 new boat slips are proposed to be exclusively available to purchasers of non-riparian condominium units. Upon the sale of the last non-riparian condominium unit, any of the 30 boat slips not leased to a unit purchaser may be leased to the general public. Such reserved slips could be considered an ownership-oriented facility pursuant to section 18-21.003(36), F.A.C., and would thus be subject to the standards and criteria for such facilities in section 18-21.004(4)(a), F.A.C. The rule would limit the ownership-oriented portion of the docking facility to 23 wet slips. The lessee has acknowledged this requirement, which has been addressed as a special approval condition and a special lease condition similar to those approved by the Board of Trustees on February 12, 1991, and December 12, 1995 (Island Marina, Inc.) for a similar project. Additionally, section 18-21.004(4)(a), F.A.C., for ownership-oriented facilities, requires the lessee to record a conservation easement for approximately 459 linear feet of shoreline. This has been addressed as a special approval condition. Pursuant to section 18-21.011(1)(c)3.f., F.A.C., the one-time premium payment for ownership-oriented facilities is not assessed for this portion of the docking facility, because at least 50 percent of the slips at the overall marina will be open to the public on a first-come, first-served basis.

The riparian upland property consists of a 38-acre public park (Laishley Park) that is being redeveloped by the lessee into a multiple-use redevelopment project known as Punta Gorda Harbor. Current development plans underway include the construction of 60 residential condominium units, 80,000 square feet of retail space, 70,000 square feet of office space, a 6.5-acre park, a 1.1-acre public parking area, an 1,800-foot-long harbor walk and a 10-acre county Justice Center. Pursuant to a development agreement between the lessee and the developer, the lessee will operate the proposed modified marina. The lessee will retain ownership of the entire shoreline within the Punta Gorda Harbor project.

The DER wetland resource permit (no. 082032119), issued on January 13, 1993, authorizes the proposed fueling and sewage pumpout facilities and prohibits liveaboards. At the lessee’s request, the permit was modified by DEP on January 26, 1998, to: (1) extend the expiration date two years to January 13, 2000; (2) reduce the number of new slips from 80 to 60, and realign the docks; (3) delete a proposed batter board breakwater; and (4) keep and repair an existing public boat ramp currently located within an area formerly deeded (in 1947) by the Board of Trustees to the Department of Transportation as right-of-way for the construction of U.S. 41. On August 26, 1998, the permit was modified to increase the fishing pier’s terminal platform.

The lessee is currently not in compliance with the DEP wetland resource permit. The permit violation is because of the lessee’s failure to enter into and record a long term Binding Agreement for some of the special permit conditions. These permit conditions pertain to operation of the overall marina. On August 27, 1999, DEP made the lessee aware of this violation. The lessee is scheduled to execute the Binding Agreement at the October 6, 1999 meeting of the Punta Gorda City Council, with recording to occur shortly thereafter. In light of the lessee’s stated intent to execute and record the Binding Agreement, and because the additional boat slips have not been constructed, permit compliance is being achieved without formal enforcement action. A special approval condition requires the lessee to execute and record the Binding Agreement prior to receipt of a fully executed modified lease.

The DRI application originally included a 245-unit dry storage facility. The lessee has stated to DEP that the dry storage facility is no longer contemplated because of the lessee’s intent to: (1) keep and maintain the existing public boat ramp; and (2) designate 23 slips for use by the condominium unit buyers pursuant to the development agreement between the lessee and the developer. A special lease condition has been included to clarify that construction of a dry storage facility will be considered a modification of the lease, thereby requiring prior Board of Trustees consideration.

Regarding manatee protection, the Florida Fish and Wildlife Conservation Commission, Bureau of Protected Species Management (f/k/a DEP, Division of Marine Resources) recommended on December 12, 1997, that the lessee (a) comply with the standard manatee protection construction conditions for all in-water construction; (b) install manatee caution signs and informational displays; and (c) install and maintain at the boat ramp and near the wet and dry slips a "You Are Here" type of sign, which includes a depiction of the slow speed zone. Items (a) and (c) were included in the DEP wetland resource permit and therefore were not included as a special lease condition. However, item (b) has been included as a special lease condition.

The proposed project was not required to be noticed pursuant to section 253.115(5)(i), F.S., because of exemptions for lease modifications. However, DEP received an objection from an anonymous group calling themselves the Citizens of Punta Gorda that was addressed to the Insurance Commissioner. The concerns raised in the objection received addressed (1) negotiations by the City Redevelopment Authority for the upland development, including impact fee waivers and bonding issues; (2) reserving slips at the marina to condominium unit purchasers and others; and (3) potential irregularities regarding construction of a public fishing pier at nearby Gilchrist Park. Staff is of the opinion that items (1) and (3) are local government issues not within the purview of the Board of Trustees; and item (2) is addressed by Board of Trustees review of the requested lease modification and the recommended special lease conditions.

Pursuant to section 163.3194(3)(b), F.S., a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of the development are compatible with and further the objectives, policies, land uses, and densities or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. The proposed action is consistent with the adopted Comprehensive Plan according to a letter received from the City of Punta Gorda.

COUNTY: Duval

Lease No. 160099922

APPLICANT: Miss Becky Seafood, Inc.

LOCATION: Section 38, Township 01 South, Range 29 East, in the St. Johns River, Class III Waters, within the local jurisdiction of the City of Jacksonville

Aquatic Preserve: No

Outstanding Florida Waters: No

CONSIDERATION: $7,784.01, representing the initial lease fee computed at the base rate of $0.1156 per square foot, 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.

STAFF REMARKS: The applicant is requesting after-the-fact authorization to expand the preempted area of sovereignty submerged lands by 7,979 square feet to accommodate additional mooring space for commercial vessels operating from an upland wholesale seafood facility. The expansion will incorporate sovereignty submerged lands currently used by 30 to 60-foot-long commercial fishing and shrimping vessels that are mooring outside the existing lease area. The additional mooring area consists of a 20-foot wide linear strip running parallel to the waterward edge of the existing lease area.

A sovereignty submerged lands lease was first executed on November 20, 1978, that authorized the preemption of 30,500 square feet of sovereignty submerged lands for the commercial facility. A lease modification approved pursuant to Board of Trustees’ action on September 5, 1985, increased the lease area from 30,500 to 52,035 square feet to include all existing and grandfathered structures into the lease. Several lease modifications and renewals executed after 1985 made additional increases to the lease area. The most recent modification of the existing lease, issued on October 24, 1997, increased the preempted area from 55,637 to 57,362 square feet to reflect changes in an updated survey of the lease area. The currently proposed 7,979-square-foot addition to the lease area will increase the total preempted area to 65,341 square feet.

The upland parcel adjacent to the facility is used as a wholesale seafood processing plant, and is located on the St. Johns River in Mayport. The existing lease contains two "L"-shaped concrete docks, eight concrete finger piers, and two wooden floating "T"-shaped docks. Together, the structures span approximately 400 linear feet of shoreline. The northernmost concrete dock supports a non-water dependent building used for seafood packaging. Because this building was previously grandfathered under rule, the building is considered water dependent and the lease fees were calculated at the base rate pursuant to section 18-21.011(1)(b)6, F.A.C.

A site inspection on April 4, 1998, by Department of Environmental Protection (DEP) staff revealed the mooring of the boats on the waterward face of the docks, outside the lease area. A Temporary Use Agreement (TUA) authorizing the mooring of vessels was executed by DEP staff on May 18, 1998. Lease fees in arrears were collected for the prior use of sovereignty submerged lands in accordance with the terms of the TUA. An administrative fine was not assessed because of the company’s history of compliance and the applicant’s willingness to remedy the violation. During the application process, the TUA expired. A second TUA was executed on June 21, 1999, authorizing the use of the area until April 14, 2000.

The existing lease allows fueling facilities and sewage pumpout facilities and prohibits liveaboards. These conditions will remain under the modified lease. There are no seagrasses at this site. The proposed modification was not required to be noticed pursuant to section 253.115(5)(i), F.S. The project is located within the riparian 25-foot setback area, and waivers have been obtained from the affected property owners.

The existing lease includes a special lease condition for manatee informational displays and manatee awareness signs. The Florida Fish and Wildlife Conservation Commission, Bureau of Protected Species Management (f/k/a DEP, Division of Marine Resources) further recommended the installation and maintenance of a manatee literature display and installation and maintenance of a fender/bumper system for vessels over 100 feet in length docking at the facility. These recommendations have been included as special lease conditions.

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 a Compliance Agreement between the DCA and the local government, an amendment has been adopted which brought the plan into compliance. The proposed activity is consistent with the adopted plan as amended according to a letter received from the City of Jacksonville, Planning and Development Department, dated November 6, 1998.

(See Attachment 3, Pages 1-4)

COUNTY: Duval

File No. 16-153124-001-EI

Public Easement No. 30334

Easement File No. 160220392

APPLICANT: Jacksonville Port Authority

LOCATION: Section 27, Township 01 South, Range 28 East, in St. Johns Creek, Class III Waters, within the local jurisdiction of the City of Jacksonville

Aquatic Preserve: No

Outstanding Florida Waters: Yes, Timucuan Ecological and Historic Preserve

CONSIDERATION: No fees are required for public easements at this time. The project qualifies for a waiver of the severance fees pursuant to 18-21.011(3)(c), F.A.C.

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 Denial," which is attached. The attached consolidated notice contains a recommendation for denial of a permit under Part IV of chapter 373, F.S., and a recommendation for denying authorization to use sovereignty submerged lands under chapter 253, F.S., for the activity described therein. This recommendation is provided to the Board of Trustees pursuant to section 373.427(2), F.S. A description of the requested activity is provided in Section I, "Description of the Proposed Activity." The specific basis for recommending denial of the authorization to use sovereignty submerged lands is contained in Section III, "Reasons for Denial."

Approval by the Board of Trustees is requested only for those aspects of the activity which require authorization to use sovereignty submerged lands. If the Board of Trustees approves the request to use sovereignty submerged lands and the activity also qualifies for an environmental resource permit, a Consolidated Notice of Intent will be issued and will contain general and specific conditions. In the event the Board of Trustees denies the use of sovereignty submerged lands, whether or not the activity otherwise qualifies for an environmental resource permit, the DEP will issue a "Consolidated Notice of Denial" for both the environmental resource permit and the authorization to use sovereignty submerged lands.

The Board of Trustees has delegated certain review and decision-making authority regarding the use of sovereignty submerged lands to the DEP pursuant to section 18-21.0051, F.A.C. Requests for sovereign submerged lands public easements are delegated to the DEP for approval. However, pursuant to section 18-21.0051(4), F.A.C., the DEP is presenting this item for consideration by the Board of Trustees because of the controversial nature of the project.

The applicant is proposing to dredge a 2,150-foot-long by 30-foot-wide (maximum) portion of St. Johns Creek, a small tidal creek connected to the St. Johns River. All of the dredging will occur within the open waters of the creek and the maximum depth is to be –4 feet mean low water. The creek does not have a defined deep-water channel. Water depths within the creek at low tide vary from 0.5 to 2.0 feet in the upstream area to 0 to 0.5 feet in the downstream area. Due to the shallow water depths, vessel use of the creek is extremely limited. Navigational access to the creek would likely be restricted to periods of mid to high tide. The proposed dredging will create a 30-foot-wide deep-water channel.

The applicant has stated that residents along the creek contend and have contended for many years that spoil disposal operations adjacent to the creek have resulted in excessive shoaling and sedimentation within the open waters of the creek. The Jacksonville Port Authority (JPA) does not contest the contentions of the residents and has agreed to obtain the necessary authorizations and permits to dredge the creek channel. The spoil disposal operations are associated with the U. S. Army Corps of Engineers and JPA maintenance of the shipping channel for the Jacksonville deepwater port. The spoil disposal operations adjacent to the creek are conducted on a parcel of property known as Bucks Island. The JPA has a lease agreement with the Board of Trustees, Lease No. 3544, over the island for the purposes of disposal of dredged material from the existing shipping channel. According to the JPA, spoil material has been disposed at the island since the 1940’s while in private ownership and the JPA has continued the disposal operations since the island’s purchase by the State of Florida in 1987.

The JPA has applied three times in the past to dredge the creek; all under the same premise that the spoil operations caused shoaling within the open waters of the creek. The first application was submitted in January 1977, the second application in October 1993, and the third in September 1994. The first two applications would have resulted in the elimination of existing salt marsh vegetation along the creek with no mitigation proposed to offset the loss. Both applications were denied for this reason. The September 1994 application was submitted after the creek, located within the Timucuan Ecological and Historic Preserve, was designated an Outstanding Florida Water. In the September 1994 application, the JPA proposed to restrict the dredging to the open waters of the creek with no impacts to the existing salt marsh. However, the JPA did not provide reasonable assurances that the project would be "clearly in the public interest" pursuant to chapter 403.918(2), F.S. [now section 373.414, F.S.] and the application was denied.

The JPA submitted this environmental resource permit application on March 10, 1999, to dredge a 30-foot-wide portion of the open waters of the creek with disposal of the dredged material on Bucks Island. To satisfy the "clearly in the public interest" criteria required in section 373.414, F.S., the JPA has proposed to assist the City of Atlantic Beach in improving an existing culverted road crossing to create a canoe trail around Dutton Island, a recently purchased passive public park. The DEP has determined that this proposal is acceptable to satisfy the "clearly in the public interest" criteria required by section 373.414, F.S., and that the JPA has met the requirements necessary for an environmental resource permit.

The proprietary authorizations for the first three applications were never completed since JPA did not receive a regulatory permit. In this application, the JPA is requesting authorization to conduct a one-time dredging event to "restore" the creek. The JPA has requested that the public easement be time-limited such that it expires following completion of the dredging. For this reason the JPA is requesting a waiver of the survey requirement. On May 14, 1991, the Board of Trustees approved waiving the survey requirements for projects involving leases for certain unregistered grandfather structures and multi-family residential structures, facilities preempting less than 3,000 square feet and for public easements requested by local governments or the Florida Department of Transportation for bridges constructed prior to March 27, 1982. While the JPA request for a waiver of the survey requirement does not meet the criteria approved by the Board of Trustees, because of the "one-time" nature of the dredging, the time limited easement and the limited scope of the dredging, granting the survey waiver would reduce the burden on the applicant.

The NPS has not supported the dredging of this creek since 1993, and as a riparian owner did not provide the applicant with consent for this project. Section 18-21.009(1)(c), F.A.C., requires that the applicant provide consent of the upland owners for the proposed use. Since the applicant did not obtain the required consent from the NPS, the project does not meet all applicable requirements for a proprietary authorization to use sovereignty submerged lands. By not meeting all applicable rule requirements, staff considers the project to be contrary to the public interest, and therefore, inconsistent with section 18-21.004(1)(a), F.A.C, that states that all activities on sovereignty lands must be "not contrary to the public interest." For these reasons, staff is recommending denial of the proposed public easement. If the NPS amends its position and provides consent, DEP would recommend approval.

The JPA states in an August 25, 1999 letter that its consulting engineers agree with their original position that the material in the creek, St. Johns River and Bucks Island is "all the same material." The letter further states that the "issue of how the sand was deposited in the creek could not be resolved by any technical means that would provide definitive results" and requests that the NPS withdraw its objections.

DEP site inspections and a report in 1978 reached the same conclusion as the NPS. The 1978 DEP report basically states that the site inspections did not indicate any obvious evidence that changes in the creek were a direct result of the spoiling operations on Bucks Island. A subsequent site inspection by DEP in 1993 indicated that the conditions and water depths within the creek system were similar to those found in 1978.

The Florida Fish and Wildlife Conservation Commission, Bureau of Protected Species Management, has recommended that standard manatee construction conditions be included as a specific condition of the environmental resource permit.

Pursuant to section 18-21.009, F.A.C., the JPA is not required to obtain a local consistency determination from the local government for public easements.

(See Attachment 4, Pages 1-16)

LOCATION: Statewide

APPLICANT: Department of Environmental Protection (DEP)

STAFF REMARKS: On December 8, 1998, the Board of Trustees approved procedures for the recovery of pre-cut sunken timbers from state-owned or sovereignty submerged lands, and directed DEP to report back to the Board of Trustees on all activities approved and undertaken pursuant to the new procedures.

During the period from December 8, 1998 (when the Board of Trustees approved the procedures) to October 27, 1999, there have been 23 Use Agreements and associated regulatory (e.g., dredge and fill) permits issued for the recovery of pre-cut timber; 21 were issued for rivers in North Florida and two for the Withlacoochee River in Central Florida. The first Use Agreement was issued on February 26, 1999, and the most recent on October 27, 1999, resulting in $126,500 in revenues to the Internal Improvement Trust Fund. Attached is a chart that contains information on each Use Agreement issued, the name of the harvester, the associated regulatory permits and waterbodies, along with an estimate of the amount of pre-cut timbers recovered.

Submerged timber can be located in low water periods, but the actual recovery requires sufficient water depths to float the timbers to a recovery site. This year’s abnormally low water levels have limited operations in west Florida to primarily location activities. From February through October 1999, approximately 2,187 logs have been recovered from the Suwannee, Nassau and Ocklawaha Rivers in northeast Florida and 988 from the Apalachicola, Yellow, Blackwater, Choctawhatchee and Shoal Rivers in northwest Florida.

In response to information provided by DEP scientific staff, other state and federal resource management agencies, and other involved parties, DEP periodically updates the list of waterbodies and areas within waterbodies where recovery activities are prohibited completely or seasonally during the year, and each Use Agreement holder is notified. The current list is included in the attached Use Agreement.

The environmental investigations unit from DEP’s Division of Law Enforcement and the enforcement staff from the Fish and Wildlife Conservation Commission have provided outstanding support in the course of monitoring these activities and responding to complaints. Initially, the two most common complaints involved dragging timbers in such a manner that they were scarring the water bottoms, and conflicts with recreational users of public boat landings, where the landings were used to remove pre-cut timbers from the waterbody. Timber dragging has mostly been resolved through personal contact with the harvesters, who have been notified that future violations will result in the revocation of the Use Agreement. Conflicts with user groups at public boat landings have been addressed at the local level.

Concerns still remain over the recovery of pre-cut timber as it relates to fisheries habitat, and possible water quality degradation. Thus far, the DEP has not observed any water quality problems. Attached are several bioassessments the DEP has conducted to address the habitat issue. This information indicates that many Panhandle rivers and streams suffer from low habitat availability, bank instability, and habitat smothering problems, probably as a result of historic timbering and land development practices. Many Panhandle stream segments contain approximately one percent woody debris, compared to 40 percent for other southeastern rivers.

The DEP recommends that mitigation be required in "habitat-starved" streams and rivers by the placement of "fresh" snags where pre-cut timbers are removed. However, neither mitigation, nor a return to a prohibition on pre-cut timber recovery operations, will remedy the habitat availability, bank instability, and habitat smothering problems identified in the DEP’s bioassessment, and more comprehensive restoration programs will be needed. The DEP is currently working with the Department of Agriculture and Consumer Services, Division of Forestry to develop a plan to replace the woody structure in habitat-starved streams to enhance fisheries habitat and provide bank stabilization through changes in the best management practices for upland timber harvests.

(See Attachment 5, Pages 1-61)

COUNTY: Escambia

LOCATION: Section 28, Township 02 South, Range 31 West; and Section 10, Township 03 South, Range 31 West

CONSIDERATION: $1,116,708 ($1,090,800 for the acquisition; $25,908 for the purchase of the option agreement)

APPRAISED BY SELLER’S TRUSTEES’

REVIEW Nolan Rogers APPROVED PURCHASE PURCHASE OPTION

NO. PARCEL ACRES (04/12/99) (04/12/99) VALUE PRICE PRICE DATE

920002 Uebelacker 363.6 $1,472,000 $1,505,000 $1,505,000 * $1,090,800 120 days

after BOT

* The property was acquired over 40 years ago. approval

Pursuant to a multi-party acquisition agreement entered into between the Division of State Lands (DSL) and The Nature Conservancy, Inc. (TNC), TNC has acquired an option to purchase this parcel from Marguerite F. Uebelacker. After this acquisition is approved, the Board of Trustees will acquire the option from TNC for $25,908, which represents agreed upon compensation to TNC for overhead associated with acquiring the option. The assignment of option agreement provides that payment to TNC is contingent upon the Board of Trustees successfully acquiring the property from the owner. The assignment of option agreement further provides that in no event will the purchase price for the option and the purchase price of the property exceed the DSL approved value of the property.

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

A survey, an environmental site assessment and a title insurance policy will be provided by the purchaser prior to closing. The seller shall reimburse the purchaser for one-half the cost of the survey.

The pine flatwoods and swamps west of Pensacola are interrupted by wet grassy prairies dotted with carnivorous pitcher plants, some of the last remnants of a landscape unique to the northern Gulf coast. The Perdido Pitcher Plant Prairie CARL project will conserve these prairies and the undeveloped land around them, helping to protect the water quality of Perdido Bay and Big Lagoon, and giving the public a wealth of opportunities to learn about and enjoy this natural land.

The property will be managed by the Division of Recreation and Parks as part of the Tarkiln Bayou 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 6, Pages 1-35)

RECOMMEND APPROVAL

COUNTY:  Osceola

LOCATION:  Section 36, Township 28 South, Range 33 East

CONSIDERATION:  $310,000

APPRAISED BY SELLER’S TRUSTEES’

REVIEW Catlett APPROVED PURCHASE PURCHASE OPTION

NO. PARCEL ACRES (12/22/98) VALUE PRICE PRICE DATE

920001 Campos/ 161 $310,000 $310,000 * $310,000 150 days after

Haviland/2 BOT approval

*The property was purchased over five years ago.

All mortgages and liens will be satisfied at the time of closing.  The property is encumbered with a six-foot-wide utility easement that was considered by the appraiser when the property was valued. 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.

Many kinds of wide-ranging wildlife use the open rangelands - pastures, pine flatwoods, and palmetto prairies - of Osceola County. The Osceola Pine Savannas CARL project will conserve a large part of these lands, maintaining a link of natural lands between the Bull Creek and Three Lakes Wildlife Management Areas, helping to ensure the survival of wildlife like swallow-tailed kites and caracaras, and together with the two wildlife management areas, providing a large area for the public to enjoy hunting, wildlife observation, and other activities.

Pursuant to section 259.032(9)(b)2., F.S., staff recommends that the Board of Trustees designate the Florida Fish and Wildlife Conservation Commission as the managing agency for this site. It will be managed as a wildlife management area.

Section 259.032(9)(b)2., F.S., requires that the Board of Trustees, concurrent with its approval of the initial acquisition agreement within a project, "evaluate and amend, as appropriate, the management policy statement for the project as provided by section 259.035, F.S., consistent with the purposes for which the lands are acquired." The management policy statement for this project was included in the 1999 CARL Annual Report adopted by the Board of Trustees on February 9, 1999. Staff recommends that the Board of Trustees confirm the management policy statement as written:

The primary objective of management of the Osceola Pine Savannas CARL project is to preserve and restore the integrity of the extensive functional ecosystems, ranging from pine flatwoods, dry prairie, and scrub to marshes and cypress swamps, that now extend from the Bull Creek to the Three Lakes Wildlife Management Areas. Achieving this objective will protect habitat for several endangered species of wildlife that need large natural areas to survive, such as Florida grasshopper sparrows, Florida sandhill cranes, Audubon’s crested caracaras, and American swallow-tailed kites. It will also provide to the public over 100,000 acres in which to enjoy natural-resource-based recreation, such as hiking and hunting.

The project should be managed under the multiple-use concept: management activities should be directed first toward preservation of resources and second toward integrating carefully controlled consumptive uses such as hunting and logging.

Managers should control access to the project; limit public motor vehicles to one or a few main roads; thoroughly inventory the resources; restore hydrological disturbances; burn the fire-dependent pine flatwoods in a pattern mimicking natural lighting-season fires, using natural firebreaks or existing roads for control; reforest pine plantations and improved pastures with original species; prohibit timbering in old-growth stands; and monitor management activities to ensure that they are actually preserving resources. Managers should limit the number and size of recreational facilities, ensure that they avoid the most sensitive resources, and site them in already disturbed areas when possible. This project includes most of the undeveloped land between Bull Creek Wildlife Management Area and Three Lakes Wildlife Management Area and consequently has the size and location to meet its primary objective.

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 1-43)

COUNTY: Miami-Dade

LOCATION: Section 11, Township 52 South, Range 39 East

CONSIDERATION: $1,780,000

STAFF REMARKS: The East Everglades CARL project is ranked number 3 on the CARL Mega/Multiparcels Project List approved by the Board of Trustees on February 9, 1999, and is funded under the Division of State Lands’ Land Acquisition Workplan. The area known as the East Coast Buffer covers 72,500 acres. Of this, 2,189 acres will be protected by mitigation and 33,817 acres are of a lower priority, including land owned by local governments and acres that may not need to be acquired. Of the remaining 36,494 acres proposed for acquisition, 17,782.91 acres have been acquired. After the Board of Trustees approves this acquisition, 18,622.04 acres or 51 percent of the area will remain to be acquired.

The East Coast Buffer consists of approximately 72,500 acres of marshes, reservoirs, and groundwater recharge areas in Palm Beach, Broward and Dade counties. However, the most significant aspect of the East Coast Buffer is its role in restoring the Everglades. In 1992, Congress authorized the U.S. Army Corps of Engineers (COE) to conduct a restudy of the Central and Southern Florida Project. The reconnaissance report for this restudy was completed in 1994 and the COE incorporated the East Coast Buffer in its analysis, referring to the area as the "Water Preserve Areas." Further detailed study of this Everglades restoration project component has already been authorized by Congress and a final detailed plan will be prepared by September 2001. The Final Restudy Report and Programmatic Environmental Impact Statement were released on April 7, 1999, for final public review and comment. The report has received a favorable review by the Department of Environmental Protection (DEP) and other agencies and was submitted to Congress on July 1, 1999.

The purpose of the East Coast Buffer/Water Preserve Areas is to: (1) increase storage and hold more water in the system by controlling seepage from the Everglades, thus restoring more natural Everglades hydropatterns; (2) capture and store excess stormwater currently discharged to coastal waters, thus retaining an important water supply source for both urban and natural systems; (3) provide a buffer between the natural and developed areas; (4) preserve and protect wetlands outside the publicly-owned Everglades; and (5) provide important transitional land uses between the natural and developed areas. East Coast Buffer/Water Preserve Areas may also enhance flood control in areas to the east of these lands. The East Coast Buffer lands are under intense development pressure in all counties. Therefore, immediate public acquisition is needed to preserve and enhance wetlands and preserve opportunities for the restoration of the Everglades ecosystem.

To implement this restoration, during the last decade the South Florida Water Management District (District) has acquired over 16,000 acres at a cost of $119,000,000. In anticipation of the Board of Trustees’ participation in this effort, the East Coast Buffer was added to the East Everglades CARL project on March 15, 1996. District funding is now limited but the District offered to take the lead in acquiring the property on behalf of the Board of Trustees. On December 8, 1998, the Board of Trustees authorized staff to enter into an acquisition agreement to acquire various ownerships located in the East Coast Buffer portion of the East Everglades CARL project in accordance with section 259.041(16), F.S., utilizing the procedures set out in section 373.139, F.S. On June 15, 1995, the Board of Trustees approved the use of the District's procedures to allow the District to acquire lands to be held by the Board of Trustees. Since the land being acquired will be part of a federal project, federal acquisition procedures are being used.

The District has acquired two agreements for sale and purchase to purchase the Rose parcels at 100 percent of appraised value. Pursuant to the terms of the acquisition agreement, the District shall be reimbursed for all costs associated with acquiring the property, including pre-acquisition and closing related costs. The Board of Trustees’ purchase price will be 100 percent of the contract prices negotiated by the District plus 100 percent of the cost incurred in the purchase of the property. Title to the property acquired will vest in the Board of Trustees.

As provided for in the acquisition agreement, on August 14, 1999, the Governing Board of the District adopted Resolution 99-106 requesting the Board of Trustees’ purchase price for the parcels, reimbursement of 100 percent of its pre-acquisition costs and reimbursement of 100 percent of its closing costs. Authority to approve the reimbursement of the remaining parcels in the resolution was delegated to the DEP by the Board of Trustees on June 22, 1999. Pursuant to the acquisition agreement, the pre-acquisition and closing costs will be reimbursed from CARL incidental expense funds. The District’s resolution contains all of the assurances required by the acquisition agreement.

The East Coast Buffer portion of the East Everglades CARL project will be managed by the District in conjunction with COE Everglades restoration projects. As local sponsor for the restoration projects, the District is required to hold a title interest sufficient to meet COE certification requirements. While the COE would prefer the sponsor to hold fee title, section 259.101(3)(g), F.S., states that title to lands acquired with P2000 funds under the CARL program must vest in the Board of Trustees. The acquisition agreement includes a provision whereby the Board of Trustees will convey to the District an easement consistent with section 253.034(4), F.S., for any lands acquired under this agreement that are to become part of a COE approved Everglades restoration project. DEP staff is currently working with the COE and the District to develop an easement sufficient for COE certification. The COE will require the easement to include a statement that the land interest will not be impaired during the life of the project and that the COE is granted an irrevocable right to enter the project lands for the purpose of constructing, inspecting, completing, operating, repairing, maintaining, replacing or rehabilitating the projects. In the event that the COE determines that fee title is required to meet certification requirements, statutes would need to be amended to permit entities other than the Board of Trustees to hold title to lands acquired with P2000 funds under the CARL program.

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 1-67)

COUNTY: Lee

LOCATION: Sections 35 and 36, Township 45 South, Range 21 East; and Sections 02 and 03, Township 46 South, Range 21 East

STAFF REMARKS: Buck Key is located within the boundary of the J.N. "Ding" Darling National Wildlife Refuge and the Cayo Costa CARL project, currently ranked number 6 on the CARL Mega/Multiparcels Project List approved by the Board of Trustees on February 9, 1999. The USFWS has previously been identified by the state as the managing agency for state and federal land on Buck Key, which has been a USFWS priority since 1988. A lack of federal acquisition funds and a prior unwilling owner have precluded the possibility of public acquisition until recently. In 1997, the property was acquired by a developer, and the state and the USFWS faced the possibility that one of the most environmentally important barrier islands left in southwest Florida would be lost to development.

In an effort to acquire this important tract the USFWS, with the assistance of The Trust for Public Land (TPL), submitted a request for up to $4 million in Federal Land and Water Conservation Fund monies for the acquisition of Buck Key. While the federal budget is not final, the USFWS is confident that the final appropriation will be for most, if not all, of the $4 million request. However, it is anticipated that even if the full $4 million is appropriated, it will not be enough to acquire the approximately 70-acre parcel.

TPL has been successful in negotiating a short-term option agreement from Mariner Properties, Inc., to forestall development of the island and create an opportunity for public acquisition. The USFWS recently approached the Department of Environmental Protection, Division of State Lands (DSL) and proposed a 50/50 partnership to acquire the Mariner property. In anticipation of approval of the federal appropriation, the USFWS has already initiated the appraisal process under federal guidelines. Once the appraisal is completed and reviewed by the USFWS, they will be required to follow federal guidelines in the negotiations of the purchase from TPL. Since the federal funding is appropriated directly to the USFWS for federal acquisition and is not a grant to the State of Florida, there is no requirement for the state to follow federal guidelines. However, it will be impractical for the USFWS to follow federal acquisition guidelines and DSL to follow its normal procedures when the state is jointly acquiring the Mariner property from TPL. Therefore, staff is requesting authority to substitute federal guidelines to facilitate the purchase of this property.

If the appraisal supports the option price that TPL has on the property, TPL will exercise its option and proceed to close with Mariner Property, Inc., and enter into separate contracts with the USFWS and DSL to sell each entity 50 percent of the property. TPL has assured DSL that if the appraisal of the property exceeds its option price with Mariner Properties, Inc., TPL will only seek its purchase price and waive its right to receive payment of the full appraised value. If, on the other hand, the appraisal is less than TPL’s option price, TPL will attempt to renegotiate its option with Mariner Properties, Inc., down to the appraised value.

Section 259.041, F.S., allows the Board of Trustees to substitute, for its own procedures, other reasonably prudent procedures so long as it believes the public’s interest is being reasonably protected. The substitution of federal guidelines for appraisal and negotiations for the acquisition of Buck Key will expedite the acquisition process by several months and provide a uniform process for negotiations.

The most notable differences in procedures for this transaction are: (1) one appraisal establishes the value and the value is disclosed to the owner prior to contracting; and (2) the purchaser pays the appraised value for the property and all costs incident to the transaction, including documentary stamps.

The USFWS will assume all responsibility for obtaining the appraisal and tendering the initial offer to TPL for the purchase of the property. If the USFWS and the Board of Trustees enter into contracts with TPL to acquire the property, the USFWS and DSL will coordinate the procurement of due diligence products for closing. The survey will be performed in such a way as to produce two separate legal descriptions, each representing 50 percent of the approximately 70-acre parcel based on an allocation of value. Each parcel will be created so it abuts the existing ownership of each party.

The USFWS will manage the entire tract as part of the J.N. "Ding" Darling National Wildlife Refuge. If the Board of Trustees approves this request, DSL staff will work cooperatively with the USFWS and TPL to acquire this extremely important natural and historic resource. DSL staff will return to the Board of Trustees for consideration of any purchase instrument contemplating the purchase of this property.

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

(See Attachment 9, Pages 1-2)

COUNTY: Martin

LOCATION: Section 33, Township 38 South, Range 41 East; Sections 01 through 04 and 08 through 12, Township 39 South, Range 41 East; and a portion of the Gomez Grant

CONSIDERATION: $9,387,249 (The Board of Trustees’ 50 percent share of the total purchase price of $18,774,498, to be adjusted upward or downward at the rate of $13,500 per acre for Primary Tracts X1-100-025, X1-100-026, and X1-100-027, and $4,850 per acre for Secondary Tract X1-100-025, in accordance with the final surveyed acreage. Tract X1-100-028 is being conveyed by the seller at no cost and will provide access to Tract X1-100-025.)

STAFF REMARKS: The Atlantic Ridge Ecosystem CARL project is ranked number 8 on the CARL Bargain/Shared Project List approved by the Board of Trustees on February 9, 1999, and qualifies for purchase under the Division of State Lands’ Land Acquisition Workplan. The project contains 12,514 acres, of which 3,748.34 acres have been acquired. After the Board of Trustees approves this agreement, 6,546.57 acres or 52 percent of this project will remain to be acquired. This 2,219.09-acre tract is the remainder of the Westerra Seawind ownership, of which the Board of Trustees previously acquired a 50 percent undivided interest in 2,577.20 acres. The owners originally would not sell this remainder because they intended to develop it.

On October 21, 1997, the Board of Trustees authorized staff to enter into an acquisition agreement with the South Florida Water Management District (District) to acquire the Atlantic Ridge Ecosystem CARL project in accordance with section 259.041(16), F.S., utilizing the procedures set out in section 373.139, F.S.

Pursuant to the terms of the acquisition agreement, the District contracted to purchase Westerra Seawind’s ownership at 96 percent of the approved value. The property being acquired is subject to a certain October 27, 1998 Hobe St. Lucie Conservancy District Permit (Permit). The Permit establishes the conditions under which water from the lands enters and is routed through the Hobe St. Lucie Conservancy District canal right of way. Prior to closing, the seller was to have addressed and resolved the objections and concerns of the District with respect to the Permit by causing the Permit to be modified in form and substance satisfactory to the District. In the event the Permit was not modified to the District’s satisfaction prior to closing, the District could have terminated the agreement. The lands are also subject to a certain Drainage Easement Agreement that contained an indemnification provision that was unacceptable to the District and the Board of Trustees. The acquisition was conditioned upon the Drainage Easement Agreement being modified by third parties so as to remove the indemnification provision. The third parties would not agree to and execute the modification unless they were granted the right to purchase approximately 317 acres of the Westerra Seawind ownership; therefore, a 317-acre cutout was removed from the tract originally negotiated by the District and the purchase price was adjusted accordingly. The outfall ditch that the aforementioned permit covered was wholly contained within the 317-acre cutout and subsequently no longer required modification as a condition of the purchase agreement. The District shall 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 October 14, 1999, the Governing Board of the District adopted Resolution No. 99-103, requesting reimbursement of the Board of Trustees’ share of the purchase price for the Westerra Seawind parcel, reimbursement of 50 percent of its pre-acquisition costs and reimbursement of 50 percent of its closing costs (recording, title insurance policy and survey costs). Pursuant to the acquisition agreement, the pre-acquisition and closing costs will be reimbursed from CARL incidental expense funds. The District’s resolution contains all of the assurances required by the acquisition agreement.

Cities spreading north from Miami and Fort Lauderdale have all but eliminated natural areas, such as coastal scrub, near the southeast Florida coast. The Atlantic Ridge Ecosystem CARL project will protect one of the largest patches of natural land left on this coast - conserving an important scrub, pine flatwoods, marshes, and the floodplain of the South Fork of the St. Lucie River, protecting the quality of water in the St. Lucie and Loxahatchee River basins, and allowing the public to enjoy the original landscape of this fast-growing area.

The parcel will be managed by the Division of Recreation and Parks as a unit of the state park system.

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 1-47)

COUNTY: Lee

LOCATION: Sections 24 through 26, 35 and 36, Township 47 South, Range 26 East

STAFF REMARKS: The Corkscrew Regional Ecosystem Watershed (CREW) CARL project is ranked number 10 on the CARL Bargain/Shared Project List approved by the Board of Trustees on February 9, 1999, and qualifies for purchase under the Division of State Lands’ Land Acquisition Workplan. The project contains 59,008 acres, of which 20,055 acres have been acquired by the South Florida Water Management District (District) and Lee County, and 1,374.5 acres have been acquired by or are under contract to the Board of Trustees. Of the remaining 37,578.5 acres, the proposed amendment will cover 2,720 acres in the area known as Southern CREW Critical Restoration Project.

In 1994, the legislature enacted section 259.041, F.S., which provided the authority to adopt District procedures for joint acquisitions. On June 27, 1995, the Board of Trustees authorized staff to enter into an acquisition agreement with the District to acquire various ownerships located within the CREW CARL project in accordance with section 259.041(16), F.S., utilizing the procedures set out in section 373.139, F.S.

On October 30, 1995, the Land Acquisition Advisory Council expanded the project boundary, eliminated the $10 million cap and designated the project a shared acquisition with the District. As a shared acquisition, the District and the Board of Trustees are each expected to spend the same amount in acquiring land within the project. Since the District has already made some purchases for which it would be credited, staff agreed that it would be appropriate for the Board of Trustees to match those purchases called for under the acquisition agreement. Therefore, the acquisition agreement was initially amended to provide that the Board of Trustees purchase $13,360,000 worth of land in the project at its sole cost and expense before the 50/50 shared acquisitions will resume. The District provided documentation, acceptable to the Division of State Lands, establishing the District’s expenditure in this project. The remaining matching balance is now $11,057,734.

This second amendment to the acquisition agreement (1) authorizes the District to use state funds as a state match for federal funds; and (2) specifies that state funds will only be used for those unimproved parcels voluntarily acquired.

Allowing the District to use state funds as a match for federal funds will allow the District to apply for more available federal dollars and ultimately acquire more land in this critical restoration project. The Southern CREW Critical Restoration Project area has a history of flooding that has required evacuation of residents from the area. The project has received federal funds for land acquisition due to its importance to the historical flow of waters in the area. Restoration of the improved parcels to their natural condition and preservation of the unimproved parcels in their existing natural state should restore the historical flow and help prevent future flooding to the surrounding area. While committing state funds as a match for federal funds will be a benefit to the Everglades and the South Florida Ecosystem restoration efforts, the federal government requires that the land purchased, restored or pledged as a match be used only for the purposes specified in the grant agreement. The federal requirements preclude the Board of Trustees from altering the use of those lands or from disposing of or encumbering them without the concurrence of the granting agency.

The Governing Board of the District approved the amendment at its November 10, 1999, meeting. If approved by the Board of Trustees, Department of Environmental Protection staff will execute the amendment on behalf of the Board of Trustees.

(See Attachment 3, Pages 1-14, submitted with the November 23, 1999 agenda)

COUNTY: St. Lucie

LOCATION: Sections 14 and 15, Township 34 South, Range 40 East

CONSIDERATION: $720,000 (The Board of Trustees’ 50 percent share of the total purchase price of $1,440,000)

On April 27, 1999, the Board of Trustees authorized staff to enter into an acquisition agreement with the South Florida Water Management District (District) and St. Lucie County (County) to acquire multiple ownerships located in Queens Island, Phase II of the Indian River Lagoon Blueway CARL project in accordance with section 259.041(16), F.S., utilizing the procedures set out in section 373.139, F.S.

The District contracted to purchase both ownerships at 100 percent of the appraised value. This project’s funding involves a federal grant through the U.S. Fish and Wildlife Service (USFWS). The federal acquisition procedures obligate the District to offer the full appraised value and pay all closing costs. The Board of Trustees will contribute 50 percent, the USFWS will provide 39.9 percent, from the grant, and the County will contribute 10.1 percent of the purchase price for the contract. Pursuant to the terms of the acquisition agreement, the District shall be reimbursed 50 percent by the Board of Trustees, 39.9 percent by the USFWS and 10.1 percent by the County of all costs associated with its attempt to acquire lands within the project, including pre-acquisition and closing related costs. Title to the property will vest 100 percent in the Board of Trustees.

As provided for in the acquisition agreement, on October 14, 1999, the Governing Board of the District adopted Resolution No. 99-102 requesting the Board of Trustees’ share of the purchase price for all parcels, reimbursement of 50 percent of its pre-acquisition costs and reimbursement of 50 percent of its closing costs (recording, title insurance policy and survey costs). Pursuant to the acquisition agreement, the pre-acquisition and closing costs will be reimbursed from CARL incidental expense funds. The District’s resolution contains all of the assurances required by the acquisition agreement.

Public acquisition will help preserve and improve the aquatic natural communities of the Indian River Lagoon, one of the country’s most productive, diverse, and commercially and recreationally important estuaries. A third of the country’s manatee population lives in the Indian River, and the area is important for many migratory birds as well as for oceanic and estuarine fishes. Additionally, public acquisition will provide natural resource-based recreation in a developing area of Florida.

These parcels will be managed by St. Lucie County, through a sublease from the Department of Environmental Protection, Office of Coastal and Aquatic Managed Areas, as a buffer to several area aquatic preserves.

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 1-63)

COUNTY: Osceola

APPLICANT: Florida Fish and Wildlife Conservation Commission

LOCATION: Sections 01 through 12, and 14 through 18, Township 28 South, Range 33 East

CONSIDERATION: $5,684,126

APPRAISED BY SELLER’S TRUSTEES’

REVIEW Holden Lentz APPROVED PURCHASE PURCHASE OPTION

NO. PARCEL ACRES (02/18/99) (02/18/99) VALUE PRICE PRICE DATE

920003 Equitable 3,593.26 $6,030,000 $5,850,000 $6,030,000 $6,272,900 $5,684,126 07/30/00*

*The option expiration date is 30 days after notice of completion of harvest which is estimated to be July 30, 2000.

On August 28, 1997, the Board of Trustees approved an option agreement which included 1,190.8 acres of this parcel as well as an additional 904.72-acre parcel owned by Henry C. Yates. Mr. Yates had an option to buy 1,190.8 acres of the Equitable tract at that time. Mr. Yates’ option to acquire the Equitable parcel expired before boundary issues involving the two parcels could be resolved. Because the two ownerships were appraised as one parcel, the state was not in a position to close on either ownership after his option to acquire the Equitable parcel expired. Subsequently, Equitable decided it would only accept offers on the entire tract and began offering all of the land under their ownership at this location for sale. Since that time, the entire parcel has been appraised independent of the Yates ownership.

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 boundary survey, an environment site assessment, and a title insurance policy will be provided by the FWCC prior to closing.

This acquisition contains 729 acres of citrus groves, which border U.S. 441 on the western boundary of the ranch. While approximately 20 percent of the ranch has been converted to citrus farming, approximately 80 percent or 2,864.26 acres of the property is still intact in native habitat. Improvements on the site include a mobile home owned by the grove manager which will be removed prior to the state taking title, an equipment barn, several open sheds covering irrigation pumps, and numerous wells. The ranch has been primarily used for citrus production and cattle grazing on the native rangeland in recent years. If citrus farming is determined to be compatible with the management plan required for the tract, the citrus groves will be managed for citrus production, via a grove management contract, throughout the life cycle of the citrus trees currently existing on the site. Over time, as the citrus trees reach the end of their productive life cycle, the grove acreage will be phased out and restoration of the grove acreage will begin. The FWCC will ascertain the best use of the improvements as part of the management plan after closing.

This tract is bordered on the north by the Triple N Ranch Wildlife Management Area and on the east by the Bull Creek Wildlife Management Area. It contains 1,762.26 acres of native uplands and 1,102 acres of wetlands, along with the grove acreage noted above. Most of the native upland acreage consists of longleaf pine flatwoods with wiregrass still present in the understory. The wetlands are primarily composed of cypress sloughs interspersed throughout the tract. Several rare and listed species occur on the site, including the wood stork, red-cockaded woodpecker, swallow-tailed kite, crested caracara, sandhill crane, limpkin, burrowing owl, and indigo snake.

Acquisition of this land will create a more complete pattern of ownership for two wildlife management areas, provide additional wildlife habitat, increase public access and enhance the overall management of the Triple N Ranch and the Bull Creek Wildlife Management Areas. The property will be managed by the FWCC for natural resource conservation and resource-based public outdoor recreation within a multiple-use management regime and citrus operations as described above, if such operations are deemed compatible with the management plan to be completed for the tract.

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 13, Pages 1-50)

RECOMMEND APPROVAL

COUNTY: Escambia

APPLICANT: University of West Florida

LOCATION: Sections 23 through 25, Township 01 North, Range 30 West

CONSIDERATION: $4,975,000

APPRAISED BY SELLER’S TRUSTEES’

REVIEW Chandler Rogers APPROVED PURCHASE PURCHASE CLOSING

NO. PARCEL ACRES (08/04/99) (08/04/99) VALUE PRICE PRICE DATE

920008 Baroco 379.45 $3,500,000 $3,700,000 $3,700,000 Unknown* $3,700,000 150 days

920009 AVT 117.57 $1,275,000 $1,275,000 $1,275,000 $490,800 $1,275,000 after BOT

497.02 $4,975,000 $4,975,000 approval

* The property was acquired in various transactions and has been in the Baroco family for over ten years.

This property was acquired in 1996 from an estate in a distressed sale.

The acquisition of these properties will ensure future growth and the ability for planning and enhancement of the University of West Florida’s (UWF) research and service missions.

All mortgages and liens will be satisfied at the time of the closing. In the event the commitments for title insurance, to be obtained prior to closing, reveal any 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.

UWF will provide surveys, title insurance policies and environmental site assessments prior to closing.

The parcels will be managed by UWF as a part of the existing campus through a lease to the Florida Board of Regents.

These acquisitions are consistent with section 187.201(01), F.S., the Education section of the State Comprehensive Plan.

(See Attachment 14, Pages 1-73)

COUNTY: Jackson

APPLICANT: University of Florida

LOCATION: Section 01, Township 05 North, Range 10 West

CONSIDERATION: $31,500

APPRAISED BY SELLER’S TRUSTEES’

REVIEW Rogers APPROVED PURCHASE PURCHASE OPTION

NO. PARCEL ACRES (09/03/97) VALUE PRICE PRICE DATE

920005 Jensen 30.26 $31,500 $31,500 * $31,500 120 days after

BOT approval

* The property was acquired over 30 years ago.

The parcel is located adjacent to the existing 900-acre UF/IFAS North Florida Research and Education Center property. The Jensen parcel was not available at the time of the previous purchase. The Board of Regents and the Legislature in 1986 and 1988 mandated the development of comprehensive centers strategically located throughout the state. These centers would provide critical mass of faculty, facilities and services to increase information and technology transfer capability to clientele and reduce response time for dealing with state and agriculture industry problems. This parcel will become part of the beef cattle research and extension center, which has been developed in the North Florida Panhandle region to support research vital to the beef cattle industry of Florida.

All mortgages and liens will be satisfied at the time of closing. The appraiser took the lack of legal access into account when determining the value of the property. The property can be accessed by adjoining state-owned land. In the event the commitment for title insurance, to be obtained prior to closing reveals any 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, an environmental site assessment and a title insurance policy will be provided by UF prior to closing.

This property will be managed by UF/IFAS as part of the North Florida Research and Education Center Beef Cattle Unit 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 15, Pages 1-22)

COUNTIES: Alachua and Marion

APPLICANT: University of Florida

LOCATION: Sections 26 and 27, Township 09 South, Range 18 East; Sections 30 and 31, Township 12 South, Range 22 East; and Sections 25, 35 and 36, Township 12 South, Range 21 East

CONSIDERATION: Parcel-for-parcel provided, however, the Board of Trustees will not compensate The University of Florida Foundation, Inc. for any difference in value.

APPRAISED BY

REVIEW Santangini Emerson APPROVED EXCHANGE CLOSING

NO. PARCEL ACRES (06/19/96) (10/04/96) VALUE VALUE DATE

920004 BOT 258 $1,290,000 $ 903,000 NA* $1,290,000 150 days after

UF Foundation 1,033 $1,400,000 $1,550,000 $1,550,000 $1,550,000 BOT approval

*This parcel is considered a disposition and rules for acquisition such as maximum value and divergence do not apply.

The UF/IFAS is currently using approximately 258 acres of state-owned property at the Green Acres Research Unit for interdisciplinary plant science field research programs. This site is experiencing urban encroachment, lack of diverse soil types, and atypical temperatures which will inhibit continued research. The University of Florida Foundation, Incorporated (UFF) has available approximately 1,033 acres in a more remote location. The UFF acreage would offer the opportunity to UF/IFAS to be relieved of the above constraints and would provide the following additional advantages: (1) allow the consolidation of five IFAS programs; (2) permit well-planned, long-term crop rotation and natural buffers to maintain adequate security between plot research projects; and (3) allow increased opportunity to integrate interdisciplinary field research. Although the value of the parcel to be acquired by the Board of Trustees exceeds the value of the parcel to be deeded to the UFF, the Board of Trustees will not be required to compensate UFF for the difference in value.

The UFF site improvements include several wells, a 6,250 square-foot metal maintenance building, and two mobile home sites. The Board of Trustees’ parcel contains minimal agricultural improvements that do not contribute to the value of the property.

On May 23, 1996, the Land Acquisition and Management Advisory Council voted to recommend the exchange.

All mortgages and liens on the parcel to be received by the Board of Trustees will be satisfied at the time of closing. In the event the commitment for title insurance reveals any other encumbrances which may affect the value or the proposed management of the parcel to be received by the Board of Trustees, staff will so advise the Board of Trustees prior to closing.

A survey will be provided by UFF and a title insurance policy and an environmental site assessment will be provided by UF/IFAS for the parcel to be conveyed to the Board of Trustees.

The 1,033-acre parcel will be managed by UF/IFAS for interdisciplinary plant science field research programs.

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

(See Attachment 16, Pages 1-19)

LOCATION: Statewide

STAFF REMARKS: This report consists of a white paper and a summary of workshops examining the issue of the Board of Trustees "sharing" title with a county that is a financial

contributor to an acquisition of land under the CARL program or its successor. The report was prepared at the direction of the Land Acquisition and Management Advisory Council (LAMAC) and approved for submission to the Board of Trustees on September 2, 1999.

Nearly a third of Florida’s counties have a local conservation land acquisition program. Most of these counties have participated with the state, as well as water management districts, in acquiring environmentally sensitive land. Under the CARL program, these acquisitions are typically listed in the "Bargain/Shared" category of CARL projects. The definition for "Bargain" projects was that the state would spend no more than 50 percent of the cost of acquisition, while receiving 100 percent of title to the land. "Shared" projects were those for which the cost and the title (or the ownerships) were split 50-50; these being projects "shared" between the state and the federal government or a water management district.

The Florida Association of Counties has requested that the Board of Trustees reconsider the policy of "Bargain" projects as applied to local government acquisition partners. The request was presented to LAMAC for its review and comment. LAMAC directed staff to prepare the white paper and to hold hearings on this issue. The report submitted under this item is the result of that process.

This issue was initially presented to LAMAC staff on July 2, 1998, and then to the Council on July 23, 1998. Drafts of the white paper were discussed by LAMAC staff on November 12, 1998, and March 3, 1999, and by the Council on December 3, 1998. Public workshops were held on March 26, 1999, in Tallahassee and on July 14, 1999, in Orlando. The final report was presented to LAMAC staff on August 19, 1999, and to the Council on September 2, 1999.

By the time of the second public workshop, a general consensus had been reached that the ownership question was less of an issue than the management question. The general agreement is that the two or more parties participating in a joint acquisition would receive an undivided interest commensurate with their financial commitment. Covenants and restrictions recorded in the deed would ensure the protection of the property, and the parties, for the future. On the other hand, the management question is not so easily resolved with legal terms and instruments. State, district, and county programs are publicly funded for the ultimate benefit of the public; however, each agency is likely to have a different definition of what constitutes the best benefit to the public for each acquisition project. A clear note of agreement among workshop and meeting participants was that if the parties could not agree to the future use of the land, it was fairly pointless to discuss the joint acquisition of said property. However, if the Board of Trustees and the local government agree to the long-term uses and goals of management, then joint ownership should be acceptable for obtaining the local funds and support.

(See Attachment 17, Pages 1-7)

COUNTY: Glades

APPLICANTS: Ernest W. Hilliard and Patricia L. Hilliard

LOCATION: Section 12, Township 42 South, Range 32 East, Lake Okeechobee, Class I waters

CONSIDERATION: (1) $19,700 to be deposited in the School Fund of the State of Florida, pursuant to Chapter 7861, Laws of Florida, Acts of 1919; (2) $3,600 as a settlement for the use of state-owned lands, to be deposited in the Internal Improvement Trust Fund; and (3) $4,320 as reimbursement for the state’s cost to obtain an appraisal to process the applicants' surplus lands request.

STAFF REMARKS: The subject property is reclaimed lake bottom land that has been planted with Ambersweet orange trees. The property is located landward of the Hoover Dyke, which was constructed in the early 1930’s as part of a federal government-funded flood control and improvement project along the shore of Lake Okeechobee. The parcel is also located landward of the lake perimeter and is zoned for agricultural purposes.

During staff’s review of the application, it was discovered that the applicant planted an orange grove on Parcel A and has been utilizing the subject property without authorization from the Board of Trustees for the past nine years. The planting of the Ambersweet orange trees has caused the infestation of Diaprepes which is a root weevil that destroys the tree roots and eventually kills the trees. The pest can be difficult and expensive to control. According to the Agricultural Research Station in Immokalee, to control the pest, the trees would need to be removed, the land treated with Methyl Bromide and a cover placed over the entire parcel to allow the Methyl Bromide to kill the existing infestation. After treatment, it is recommended that the parcel remain fallow for several years before replanting. Since the applicant is responsible for the planting of the trees, resulting in damage to the property, staff recommends the assessment of a settlement in the amount of $3,600 in lieu of filing suit for trespass and damage recovery as authorized by section 253.04, F.S. The $3,600 represents the appraised market rental value of $385 per year for an agricultural lease, multiplied by nine years of use by the applicant, rounded to $3,600.

The proposed sale has been noticed to state agencies, the county and property owners within 500 feet of the subject property pursuant to sections 253.111, and 253.115, F.S. No objections were received and the county did not respond with a request to purchase the property.

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 18, Pages 1-30)

LOCATION:  Sections 16, 20 and 21, Township 05 South, Range 16 East

CONSIDERATION:  Seventy to one hundred percent of the Division of State Lands Approved Value ($23,000,000 floor and $27,000,000 ceiling)

The Agreement was negotiated as part of a settlement of permit litigation between the Department of Environmental Protection (DEP) and Suwannee American Cement Company, Inc., an affiliate of Anderson Columbia Co., Inc. The Agreement provides for an appraisal selection process similar to the process used in settling the Golden Gate Estates homeowners’ inverse condemnation claims. Under the revised selection procedures the Seller will be allowed to participate in the appraiser selection process. To assure that neither party will unduly influence the appraisers there will be no ex parte communication with the appraisers. Staff believes that this alternate procedure is reasonable under the circumstances and protects the public’s interest.

Based on a business valuation analysis obtained by Anderson Columbia Co., Inc., the Seller believes that a market value appraisal of the property could approach $40 million. The Agreement provides that the purchase price will be established by multiplying the appraised value by seventy percent. The Agreement further provides for adjustments to the established price to a maximum and minimum purchase price. If seventy percent of the final appraised value exceeds $27,000,000, the purchase price will be capped at $27,000,000.

The Agreement also includes a provision for a minimum purchase price. The application of this adjustment is slightly different than the maximum purchase price adjustment. Under the minimum purchase price provision, if the appraised value is between $23,000,000 and $32,857,143, the purchase price would remain at $23,000,000. Therefore, if the final appraised value is at least $23,000,000 but less than $32,857,143, the Board of Trustees’ purchase price would be $23,000,000 and would be greater than seventy percent of the appraised value.

If the final appraised value is less than $23,000,000, the Agreement provides that the DEP will seek approval from the Board of Trustees to make another bona fide offer to the Seller. If the Board of Trustees approves a second bona fide offer and the Seller rejects that offer, under the terms of the Agreement DEP will seek approval from the Board of Trustees to condemn the property. The Seller agrees not to contest the good faith estimate of value or the public purpose and necessity of such condemnation. Furthermore, the Seller has agreed that the final condemnation award shall not exceed $23,000,000 and that the second bona fide offer shall be considered the first written offer for the purpose of determining attorney’s fees pursuant to section 73.092(1), F.S. While the Agreement provides for the making of a second bona fide offer and the ability to exercise the power of eminent domain, the Board of Trustees is under no obligation to do so.

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 encumbrances that 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 OES, in cooperation with LAMAC staff, the land manager, and the Florida Natural Areas Inventory, will re-evaluate the property if purchased. OES will prepare an agenda item for LAMAC review and, in cooperation with LAMAC staff, will develop a recommendation for LAMAC and, ultimately, the Board of Trustees, to consider if the lands outside of the boundary should be retained in state ownership or be designated surplus. If the lands outside of the boundary are to be retained, then the CARL project boundary will be amended to include those lands. DSL will initiate the disposal process, pursuant to existing rules and statutes, to surplus portions of the acquisition deemed unnecessary by the Board of Trustees.

In addition to the sale of the mine property, the Seller has agreed to donate an additional twenty-one acres of property on the Blackwater River in Santa Rosa County. The property, referred to as the Bagdad property, is thought to be the oldest industrial site in Florida and may have national historic significance. The Seller, at its sole cost and expense, will provide a survey, title insurance, and environmental site assessment for the donated parcel.

North and east of Ichetucknee Springs, a dry valley – the Ichetucknee Trace – marks the possible route of the underground conduit supplying the springs’ clear water. Though a state park protects the springs and much of the Ichetucknee River that flows from them, active limerock mines in the Trace threaten to disturb the conduit. The Ichetucknee Trace Limerock Mines CARL project will protect the water quality of the springs by removing the threat of further mining and will provide the public with a fishing area.

Pursuant to section 259.032(9)(b)2., F.S., staff recommends that the Board of Trustees designate Columbia County as the managing agency for this site. It will be managed as a multi-use park with the assistance of the Fish and Wildlife Conservation Commission, who will be responsible for fishing management. The county will provide the public with opportunities for hiking, off-road bicycle trails, picnicking and possible horseback riding.

Section 259.032(9)(b)2., F.S., requires that the Board of Trustees, concurrent with its approval of the initial acquisition agreement within a project, "evaluate and amend, as appropriate, the management policy statement for the project as provided by section 259.035, F.S., consistent with the purposes for which the lands are acquired." The management policy statement for this project was included in the 1999 CARL Annual Report adopted by the Board of Trustees on February 9, 1999. Staff recommends that the Board of Trustees confirm the management policy statement as written.

The primary objective of management of the Ichetucknee Trace Limerock Mines CARL project is to preserve the quality and quantity of water flowing into the first-magnitude Ichetucknee Springs by preventing mines from disturbing a major conduit to the springs. Achieving this objective will help to ensure that the public can continue to enjoy recreation in the scenic springs and spring run.

The project should be managed under the multiple-use concept: management activities should be directed first toward conservation and restoration of resources and second toward integrating carefully controlled consumptive uses such as fishing. Managers should control access to the project; limit public motor vehicles to one or a few main roads; thoroughly inventory the resources; contour the mine pits to provide shallow littoral zones for colonization by aquatic plants and animals, and re-contour spoil piles so they can be revegetated with native trees, shrubs, and grasses; reforest cleared, but unmined, areas with original species; control exotic pest plants that may invade the disturbed parts of the site; and monitor management activities to ensure that they are actually preserving resources. Managers should limit the number and size of recreational facilities, ensure that they avoid the most sensitive resources, and site them in already disturbed areas when possible.

The project includes the two active mines in the Ichetucknee Trace, a dry valley that may indicate the course of the underground conduit to Ichetucknee Springs, and therefore probably has the size and location to achieve its primary objective.

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 19, Pages 1-29)

RECOMMEND APPROVAL