The Governor and Cabinet - Florida Department of State

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AGENDA

BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND

MARCH 13, 2003

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Item 1 Minutes

Submittal of the Minutes from the November 26, 2002 and December 11, 2002 Cabinet Meetings.

(See Attachment 1, Pages 1-41)

RECOMMEND APPROVAL

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Item 2 Rieli Option Agreement/ Florida Keys Ecosystem Florida Forever Project

REQUEST: Consideration of an option agreement to acquire 15.92 acres within the Florida Keys Ecosystem Florida Forever project from Anthony Rieli and Mary Rieli.

COUNTY: Monroe

LOCATION: Sections 20 and 21, Township 66 South, Range 29 East

CONSIDERATION: $207,000

APPRAISED BY SELLER'S TRUSTEES'

Marr APPROVED PURCHASE PURCHASE OPTION

PARCEL ACRES (11/18/02) VALUE PRICE PRICE DATE

Rieli 15.92 $250,000 $250,000* $45,000** $207,000*** 120 days after

(83%) BOT Approval

* On March 12, 1996, the Board of Trustees authorized the Department of Environmental Protection to continue to

purchase land within the several Florida Keys CARL projects utilizing appraisals based on land use regulations in effect

as of January 1, 1996.

** Purchased August 28, 1974

*** $13,003 per acre

STAFF REMARKS: The Florida Keys Ecosystem project is an "A" group project on the Florida Forever Full Fee Project List approved by the Board of Trustees on February 25, 2003. The project contains 8,566 acres, of which 2,709 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 5,841.08 acres or 68 percent of the project will remain to be acquired.

All mortgages and liens will be satisfied at the time of closing. On June 22, 1999, the Board of Trustees approved a staff recommendation to delegate to the Department of Environmental Protection (DEP) the authority to review and evaluate marketability issues as they arise on all chapter 259, F.S., acquisitions and to resolve them appropriately. Therefore, DEP staff will review, evaluate and implement an appropriate resolution for any title issues that arise 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.

The unique pine rocklands and hardwood hammocks of the Florida Keys, forests of West Indian plants that shelter several extremely rare animals, are being lost to the rapid development of the islands. Public acquisition of the Florida Keys Ecosystem project will protect all the significant unprotected hardwood hammocks left in the Keys and many rare plants and animals, including the Lower Keys marsh rabbit and Key deer. It will also help protect the Outstanding Florida Waters of the Keys, the recreational and commercial fisheries, and the reefs around the islands, and also give residents and visitors more areas for enjoying the natural beauty of the Keys.

Board of Trustees

Agenda - March 13, 2003

Page Two

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Item 2, cont.

This property will be managed by the Florida Fish and Wildlife Conservation Commission as an addition to the Florida Keys Wildlife and Environmental Area.

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

(See Attachment 2, Pages 1-15)

RECOMMEND APPROVAL

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Item 3 TNC Charitable Trust Assignment of Option Agreement/Lake Wales Ridge Ecosystem/Mountain Lake Cutoff Florida Forever Project/Acceptance of a Personal Representative's Deed

REQUEST: Consideration of the acceptance of (1) an assignment of an option agreement to acquire 181.13 acres within the Lake Wales Ridge Ecosystem/Mountain Lake Cutoff Florida Forever project from The Nature Conservancy Charitable Trust; and (2) acceptance of a personal representative's deed for the acquisition.

COUNTY: Polk

LOCATION: Sections 34 and 35, Township 29 South, Range 27 East

CONSIDERATION: $2,144,371 ($2,108,288 for the acquisition; $36,083 for the purchase of the option agreement)

APPRAISED BY SELLER'S TRUSTEES'

String Marshall APPROVED PURCHASE PURCHASE OPTION

PARCEL ACRES (01/31/02) (01/31/02) VALUE PRICE PRICE DATE

J K Stuart 181.13 $3,000,000* $2,800,000* $2,700,000** *** $2,144,371**** 60 days after

(79%) BOT approval

* Original appraised values for 185.17 acres

** Adjusted approved value for 181.13 acres

*** Stuart family has owned the parcel for over 29 years.

**** $11,839 per acre

STAFF REMARKS: The Lake Wales Ridge Ecosystem project is an "A" group project on the Florida Forever Project List approved by the Board of Trustees on February 25, 2003. The project contains 45,601 acres, of which 24,021.03 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 21,398.84 acres or 47 percent of the project will remain to be acquired.

Pursuant to a multi-party acquisition agreement entered into with the Department of Environmental Protection's (DEP) Division of State Lands, The Nature Conservancy Charitable Trust (TNC) has acquired an option to purchase this 181.13-acre parcel from the Personal Representative of the Estate of J. K. Stuart. Under the terms of the contract the personal representative will provide a personal representative's deed in lieu of a special warranty deed, which is required under section 259.041(12), F.S. The Board of Trustees is authorized under section 259.041(1), F.S., to waive requirements of section 259.041, F.S., and to request other reasonably prudent procedures. Acceptance of a personal representative's deed for this acquisition is considered reasonably prudent because the public's interest is protected by title insurance insuring the title of the Board of Trustees. After this acquisition is approved, the Board of Trustees will acquire the option from TNC for $36,083, which represents agreed upon compensation to TNC for overhead associated with acquiring the option. The Board of Trustees may then exercise the option and purchase the property. The

Board of Trustees

Agenda - March 13, 2003

Page Three

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Item 3, cont.

assignment of option agreement provides that payment to TNC is contingent upon the Board of Trustees successfully acquiring the property from the owner.

All mortgages and liens will be satisfied at the time of closing. There is a Florida Power transmission line right-of-way across the property. There is an easement in favor of the Florida Department of Transportation for 0.09 acre and two easements in favor of Florida Power for 1.06 acres. The appraisers considered this right-of-way and the three easements in their appraisals. The Florida Fish and Wildlife Conservation Commission (FWCC), the future managing agency, has determined that the property can be managed with the right-of-way and the easements in place. On June 22, 1999, the Board of Trustees approved a staff recommendation to delegate to DEP the authority to review and evaluate marketability issues as they arise on all chapter 259, F.S., acquisitions and to resolve them appropriately. Because these issues were discovered during preliminary due diligence, further research may change the facts and scope of each issue and, therefore, DEP staff will review, evaluate and implement an appropriate resolution for these and any other title issues that arise prior to closing.

A survey will be provided by the purchaser prior to closing. A title insurance policy and an environmental site assessment will be provided by the seller prior to closing.

Mountain Lake Cutoff is a diverse site located just north of the town of Lake Wales on both the east and west sides of U.S. Highway 27. A lake, two depression marshes, and a large disturbed wetland are located on site. An old citrus grove is in the center of the east side. A centrally located oak scrub dominates the portion of Mountain Lake Cutoff on the east side of U.S. Highway 27 with an area of about 80 acres in the center of the site that varies from very open to dense. The east and west side of U.S. Highway 27 has open oak scrub with numerous white sand openings. Listed species observed, three of which are on the federally threatened list, are Florida bonamia, britton's beargrass, scrub bay, hairy jointweed, paper-like nailwort, three variations of scrub oak, and Florida scrub lizard. The west side's britton's beargrass population is robust.

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 Florida Forever project is designed to protect the best remaining tracts of this scrub and the ecosystems associated with it, thereby preserving numerous endangered species and allowing the public to see examples of the unique original landscape of the ridge.

FWCC will manage the property under a single-use concept as a unit of the Lake Wales Ridge Ecosystem.

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

(See Attachment 3, Pages 1-82)

RECOMMEND APPROVAL

Board of Trustees

Agenda - March 13, 2003

Page Four

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Item 4 TNC Charitable Trust Assignment of Option Agreement/St. Joe Timberland Florida Forever Project

REQUEST: Consideration of acceptance of an assignment of option agreement to acquire 18,550.3 acres within the St. Joe Timberland Florida Forever project from The Nature Conservancy Charitable Trust.

COUNTY: Jefferson

LOCATION: Sections 03, 04, 09, 10, 11, 14, 15, 16, 17, 20, 21, 22, 23, 27, 28, 29, 32, 33, 34 and 35, Township 02 South, Range 03 East; Sections 02, 03, 04, 05, 08, 09, 10, 11, 15, 16, 17, 20, 21, 22, 27, 28, 29 and 34, Township 03 South, Range 03 East; Sections 04, 05, 06, 07, 08, 09, 16, 17, 18 and 20, Township 02 South, Range 04 East

CONSIDERATION: $20,700,000 ($20,600,000 for the acquisition; $100,000 for the purchase of the option agreement)

APPRAISED BY SELLER'S TRUSTEES'

Arline Candler APPROVED PURCHASE PURCHASE OPTION

PARCEL ACRES (05/03/02) (05/01/02) VALUE PRICE PRICE DATE

St Joe 13,929.7 $16,230,000 $13,930,000 $16,230,000 * $14,900,000** 03/15/03

Wacissa #1 (92%)

St Joe 4,620.6 $ 6,080,000 $ 5,310,000 $ 6,080,000 * $ 5,700,000*** 05/26/03

Wacissa #2 (94%)

18,550.3 $22,300,000**** $20,600,000

* Seller purchased several decades ago

** $1,070 per acre

*** $1,234 per acre

**** Arline rounds the sum of values for their appraisals

STAFF REMARKS: The St. Joe Timberland project is an "A" group project on the Florida Forever Project List approved by the Board of Trustees on February 25, 2003. The project contains 96,351 acres, of which 42,064.19 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 35,736.51 acres or 37 percent of the St. Joe Timberland Florida Forever project will remain to be acquired. Also after approval of this agreement, 17,181.7 acres or 30 percent of the Wacissa/Aucilla River Sinks Florida Forever project, of which these St. Joe Timberland project acres are a part, will remain to be acquired.

Pursuant to a multi-party acquisition agreement entered into with the Department of Environmental Protection's (DEP) Division of State Lands, The Nature Conservancy Charitable Trust (TNC) has acquired an option to purchase 18,550.3 acres from St. Joe Timberland Company of Delaware, LLC. After this acquisition is approved, the Board of Trustees will acquire the option from TNC for $100,000, which represents agreed upon compensation to TNC for overhead associated with acquiring the option. The assignment of option agreement provides that payment to TNC is contingent upon the Board of Trustees successfully acquiring the property from the owner. The assignment of option agreement further provides that in no event will the purchase price for the option and the purchase price of the property exceed the DSL-approved value of the property.

All mortgages and liens will be satisfied at the time of closing. There are existing easements on parcel one. All of the easements are considered normal ingress/egress easements for use on timber tracts, and are in favor of the Board of Trustees and a few adjacent owners. The easements were considered by the appraisers and due not effect the value of the property. On June 22, 1999, the Board of Trustees approved a staff recommendation to delegate to the DEP the authority to review and evaluate marketability issues as they arise on all chapter 259, F.S., acquisitions and to resolve them appropriately. Therefore, DEP staff will review, evaluate and implement an appropriate resolution for any title issues that arise prior to closing.

Board of Trustees

Agenda - March 13, 2003

Substitute Page Five

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Item 4, cont.

A title insurance policy and an environmental site assessment will be provided by the seller prior to closing. The purchaser will reimburse the seller for cost of these products at closing. The purchaser will provide a survey of the property.

The St. Joe Company is one of the largest landowners in Florida. Public acquisition of the St. Joe Timberlands project will consolidate the St. Joe ownerships already included in other Florida Forever projects, thus helping to preserve large undeveloped tracts of land for native plants and animals and giving the public an opportunity to experience large natural areas throughout north Florida.

Florida Fish and Wildlife Conservation Commission will manage the property as a wildlife management area providing opportunities for canoeing, swimming, fishing, hunting and nature appreciation.

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 1-57)

RECOMMEND APPROVAL

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Item 5 Eminent Domain Authorization/ DOA/Save Our Everglades Florida Forever Project (Phase XIII-C)

DEFERRED FROM THE FEBRUARY 11, 2003 AGENDA

DEFERRED FROM THE JANUARY 28, 2003 AGENDA

REQUEST: Consideration of a request to (1) authorize the Department of Environmental Protection's Director of the Division of State Lands, or her designee, to extend offers and approve the purchase of tax deeds pursuant to section 259.041(13), F.S., for parcels with an assessed value of $25,000 or less; said bid not to exceed $50,000; (2) direct the Department of Environmental Protection to acquire by the exercise of the power of eminent domain pursuant to the provisions of chapters 259, 73 and 74, F.S., fee simple title to all remaining lands within the portion of the Save Our Everglades Florida Forever project (Phase XIII-C) lying south of I-75, including any parcel that has not been settled or sent to eminent domain, even if there is an executed contract that is unable to close; and (3) delegate authority to the Secretary of the Department of Environmental Protection, or his designee, to accomplish the acquisitions as described herein through negotiation or condemnation, including authority to prepare and execute all necessary parcel-specific condemnation resolutions.

COUNTY: Collier

STAFF REMARKS: The Save Our Everglades project is an "A" group project on the Florida Forever Small Parcel Project List approved by the Board of Trustees on February 25, 2003. That portion of the project lying south of I-75, commonly referred to as Golden Gate Estates South, contains 55,247.17 acres, of which 51,785 acres have been acquired or are under agreement to be acquired, leaving 3,462 acres, or 6 percent, which are all currently in condemnation litigation. The Golden Gate Estates South portion of this project includes the Southern Golden Gate Estates (SGGE) subdivision and surrounding acreage tracts bordered by I-75 to the north, US-41 to the south and the Fakahatchee Strand and Belle Meade Florida Forever projects to the east and west, respectively.

Board of Trustees

Agenda - March 13, 2003

Page Six

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Item 5, cont.

The Department of Environmental Protection (DEP) is requesting authority from the Board of Trustees to authorize its Director of the Division of State Lands (DSL), or her designee, to extend offers and approve the purchase of tax deeds pursuant to section 259.041(13), F.S., for parcels with an assessed value of $25,000 or less; said bid not to exceed $50,000. This would apply to any properties that have not gone to eminent domain and are offered for sale for tax deed. This request is in response to information obtained by DSL indicating that several private citizens have been seen attending tax deed sales, placing a bid higher than the current DSL authority, obtaining a tax deed from the sale, and subsequently making application to the Collier County Property Appraiser for cut-outs or split-outs of the newly purchased parcel. The previous one parcel identification number has become four new identification numbers. This has complicated the negotiation process, and the attempt to seek additional offers from the State of Florida is preventing a full accounting of the current tax rolls.

Additionally, the new owners are requesting an offer on all four parcels which, if allowed to continue, will prevent a timely conclusion of the project not to mention escalating expense to the project. DEP has reviewed the new appraisal information, calculated the maximum offers on an average parcel within the Southern Golden Gate Estates area, and has concluded if given the authority to bid an amount equal to or less than what the owner would be receiving in the normal offer process, pursuant to the delegated authority granted on July 11, 2000, the new owners would reconsider purchasing tax certificates in order to seek personal profit at the state's expense. This would allow staff the flexibility to bid to a maximum amount of $50,000, at the tax deed sales, and would potentially save the state money where one offer is given verses four offers.

Public acquisition is essential to continue the conservation, preservation and restoration of this endangered portion of the western Everglades ecosystem that is a vital component of the Comprehensive Everglades Restoration Plan (CERP). Conserving this land is critical to the ecosystem in the western Everglades, its wildlife and the water quality throughout the area.

In 1996, the hydrological restoration plan was identified as a "Critical Project" under the Federal Water Resources Development Act making it eligible for federal funds. The project was subsequently added to CERP.

The acquisition will allow the restoration of significant wetlands crucial to the reestablishment of the historic water flow pattern in the western Everglades. Nearly half of this region's water flows into Everglades National Park.

Purchasing this portion of the Save Our Everglades Florida Forever project will also help preserve and restore the fresh water flow necessary for maintaining the rich productivity of Gulf Coast estuaries, such as Rookery Bay and the Ten Thousand Islands. Moreover, the timely implementation of the hydrological restoration plan will restore important habitat for numerous endangered and threatened species, including the Florida panther, one of the world's most endangered mammals.

Public acquisition of this portion of the Save Our Everglades Florida Forever project will preserve a large piece of South Florida's unique ecosystem. Ultimately, this will contribute to the formation of a continuous public conservation corridor extending across South Florida from the Gulf Coast to approximately ten miles from the Atlantic Ocean. It will help protect the western Everglades ecosystem from encroachment of residential, commercial and industrial development.

Board of Trustees

Agenda - March 13, 2003

Page Seven

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Item 5, cont.

History to Date:

On January 23, 2001, the Board of Trustees recognized that (1) property within the Save Our Everglades Florida Forever project lying south of I-75 is of special importance to the state;(2) the acquisition of the land is necessary to protect hydrological connections among Big Cypress National Preserve, Fakahatchee Strand State Preserve, and Everglades National Park, and to protect and restore the Everglades, which is an endangered natural resource of unique value to the state; and (3) the failure to acquire this property will result in irreparable loss to the state and seriously impair the state's ability to manage or protect other state-owned lands. The Board of Trustees also recognized that this land is a necessary component of the Everglades Construction Project. Through a series of actions by the Board of Trustees over the last two years, DEP has been directed by the Board of Trustees to acquire by eminent domain over 1,800 parcels of land.

As part of the Everglades Restoration Project, DEP has committed itself to the acquisition of the Golden Gate Estates South properties by the end of June 2003 to make the land available to the South Florida Water Management District (SFWMD). SFWMD's construction project will restore the land to its natural state in order to restore the hydrologic conditions in the western Everglades. The roads and canals will be removed and water flow will be restored across this area in order to recreate wetlands to benefit the Everglades and restore fresh water flow to protect coastal estuaries.

All property must be titled in the State of Florida before construction within the Golden Gate Estates South area can begin. It is anticipated that Congress will be asked in either the spring or fall of 2003 to approve the construction funding, with construction to begin in early 2004. We have used federal funds in a joint participation agreement to acquire the land. This Federal Grant expires on December 31, 2003. All acquisition needs to be completed by December 31, 2003 in order to assure maximum federal participation in the acquisition process.

Time Challenges in Acquiring Remaining Parcels:

To assure all land is titled in the State of Florida by the end of 2003, all lawsuits for eminent domain must be filed by June 15, 2003. This will provide sufficient time to identify ownership in order to be assured the proper party is named in the lawsuit or all remaining properties within the project boundaries are identified. It must be remembered that roads will need to be abandoned by the county once the state has acquired all abutting property in order to obtain free and clear use of the land for the construction project. This will take some time after title is perfected in order to provide public notices and hearings on the abandonment. Simply obtaining title does not complete the litigation. There is still the trial or mediation process to resolve the compensation issue. If these issues need to be closed out by the end of 2003 in order to obtain maximum federal funding, then the earlier the parcels are put into litigation, the better chance of timely completion.

The approval by the Board of Trustees is just the first step in the eminent domain process. Once the approval for the use of eminent domain is obtained, the files are forwarded to the Office of the Attorney General. The Attorney General's Office will conduct title searches. Pleadings must be prepared and hearing times obtained from the court before the lawsuit can be served on the appropriate parties. Since many of the owners are out of state or difficult to locate, notice of the action must also be published in a local newspaper once a week for two consecutive weeks. Copies of the petition are then mailed to the out-of-state defendants. It takes approximately 90 days to assure that proper service and timely notice of the hearing to acquire title is provided. The court will most likely not hear an action that is filed in for three months at the earliest. There are often continuances granted for these hearings, so there is no assurance that all hearings would be held within the 90 days. Title does not pass to the state

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Agenda - March 13, 2003

Page Eight

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Item 5, cont.

until a deposit is made into the court registry, which occurs within 20 days after the court enters its order of taking.

There is also the issue of clearing the property after the state obtains title. Often the court will allow the occupants of the property to stay on after title passes to the state. This issue is especially important in the case of homestead or occupied property in order to allow sufficient time to locate replacement housing.

As long as there are parcels to be acquired, the state does not have full control of the project area in order to protect the land from garbage disposal or environmental degradation. The majority of the property has been acquired, but any tracts in private ownership reduce the ability of the managing agency, the Department of Agriculture and Consumer Services, Division of Forestry (DOF), to control access and use of the area. The longer the process takes, the more likelihood that additional people could move into the project area and attempt to qualify for relocation benefits paid by the state. This relocation process also takes time.

It is in the best interest of the State of Florida to move as quickly as possible to obtain title to all parcels within the Golden Gate Estates South project area for the following reasons:

* To allow appropriate time to obtain Orders of Taking and conduct other eminent domain proceedings required to obtain 100 percent ownership of the project area. As of December 31, 2002, there have been a total of 1842 parcels sent to eminent domain, with eight more parcels from Phase XII-A being prepared for delivery to the Attorney General's Office. 1,508 parcels have been purchased by Order of Taking. The remaining 342 parcels are/will be at different stages of the eminent domain process. At any given time, prior to the entry of the Order of Taking, it is possible for a landowner to convey his/her property to a third person, or in the instance stated above forfeit ownership at a tax deed sale.

* To allow appropriate time to relocate qualified persons. 34 landowners and 6 tenants have been moved and relocated, at a cost of $4,242,530. There are potentially 3 more owners and 1 more tenant that will need to be evaluated for benefits. Any delay in providing eminent domain approval also encourages the remaining potential relocates to procrastinate in finding replacement housing and discourages the owner from completing the necessary negotiations to resolve the issue of relocation benefits.

* To allow appropriate time to abandon public roads, rights-of-way or primitive roads and dirt/farm trails within the project area. The public roads, rights-of-way or primitive roads and dirt/farm trails within the project area cannot be vacated or condemned while there are landowners still in possession of their parcels. The project cannot be certified in BOT ownership until the roads are vacated.

* To obtain full management control over the entire project. There are several management issues to be considered such as (a) the Managing Agency will continue to have difficulty implementing its management plan until all the acreage is in Board of Trustees ownership; (b) Limiting the comings and goings of citizens vandalizing and destroying mobile homes and other structures now owned by the state, but not yet cleared from the properties; and (c) the inability to police the 55,247 acres to limit individuals from coming onto state owned property, living in the torn down structures without limiting access to portions of the project area. As long as there are landowners in eminent domain or in private ownership, access must be maintained.

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Agenda - March 13, 2003

Page Nine

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Item 5, cont.

* To prevent continued garbage dumping and other environmental degradation of the area that is actively occurring in the area. This is an ongoing situation that would be handled appropriately through the implementation of the Managing Agency's management plan, however, the plan cannot be implemented without full ownership of the land.

* To prevent private citizens from moving onto abandoned state-owned parcels with abandoned mobile homes on the state-owned parcels and living on these parcels in an attempt to qualify and collect federal relocation benefits at a continuing financial cost to the acquisition program.

* To prevent landowners from further constructing, renovating or building additional un-permitted structures at an additional land acquisition cost. Or, in the alternative, by the construction of said structures without permits issued from the Building and Code Enforcement office for Collier County, the possibility of additional fines, penalties and other judgments being placed on the remaining properties, at an additional cost and payment by the state as part of the land acquisition program for this project.

* To prevent injury or loss of life to managing agency personnel by the careless acts of others (i.e. private citizens growing marijuana on public land as verified in a recent news report, reports of individuals raising pit pull dogs for fighting purposes, etc.) while managing that portion of the Golden Gate Estates South project area in state ownership, pending acquisition of the remaining acreage.

* To protect the state's vested interest in the acquisition of the lands to date (i.e. as of December 31, 2002, over $92 million state and federal acquisition dollars have been expended). By the time all the expenses of condemnation, acquisition, administrative costs, etc., it is estimated the cost of acquisition will reach upwards of $121 million. Any delays will only increase the cost of the acquisition and the cost of the project will escalate to unreasonable figures. The appraised values of the land also continue to escalate. The 1999 appraised value began between $500 to $800 per acre in the South of the Border area, upward to $3,000 an acre in the Boot and the Hole in the Donut area. The current values are reaching $1,400 for South of the Border area upward to $5,000 an acre in the Boot and the Hole in the Donut area.

* Finally, to comply with the terms and provisions of the federal grant and complete the land acquisition process by December 31, 2003.

Offer Information:

Section 259.041(14), F.S., authorizes the Board of Trustees, by majority vote of all of its members, to direct DEP to exercise its power of eminent domain pursuant to the provisions of chapters 73 and 74, F.S. Eminent domain may be used to acquire any of the property on the Florida Forever "A" group project priority list if (1) the state has made at least two bona fide offers to purchase the land through negotiation and an impasse between the state and the land owner has been reached; and (2) the land is of special importance to the state because (a) it involves an endangered or natural resource and is in imminent danger of being developed; (b) it is of unique value to the state and failure to acquire the property would constitute an irreparable loss to the state; or (c) the failure to acquire the property would seriously impair the state's ability to manage or protect other state-owned lands.

Board of Trustees

Agenda - March 13, 2003

Page Ten

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Item 5, cont.

The parcels included in Phase XIII-C of the Save Our Everglades Florida Forever project, and any parcel that has not been settled or sent to eminent domain, even if there is an executed contract that is unable to close, lying south of I-75 meet these criteria.

Portions of this item were originally part of Phase XII and Phase XII-A. Portions of Phase XII-A were approved on January 28, 2003, portions of Phase XII approved on February 11, 2003. The balance of the issues seeking Board of Trustees' approval has been changed from Phase XII to Phase XIII-C. DEP is asking the Board of Trustees consider the issues contained in this Phase XIII-C as all inclusive of Phases VI, Phase XIII-A and XIII-B.

The property will be managed by DOF as an addition to Picayune State Forest. DEP's Division of Recreation and Parks will manage the property in the area east of the Faka Union Canal. SFWMD will coordinate the implementation of the hydrologic restoration project.

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

(See Attachment 5, Pages 1-17)

RECOMMEND APPROVAL

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Item 6 Hardy/Waiver of Eminent Domain Policy/Eminent Domain Authorization/ DOA/Save Our Everglades Florida Forever Project (Phase XIII-A)

DEFERRED FROM THE FEBRUARY 11, 2003 AGENDA

DEFERRED FROM THE JANUARY 28, 2003 AGENDA

REQUEST: Consideration of a request to (1) obtain a waiver of the Board of Trustees' eminent domain policy that eminent domain will not be exercised to acquire a homestead without the written approval of the owner in order to acquire one of two remaining homestead properties within the Hole in the Donut area of the Golden Gate Estates South; (2) direct the Department of Environmental Protection to acquire by the exercise of the power of eminent domain pursuant to the provisions of chapters 259, 73 and 74, F.S., fee simple title to the remaining land within the portion of the Save Our Everglades Florida Forever project (Phase XII, hereinafter identified as Phase XIII-A for agenda clarification purposes) lying south of I-75; including any parcel that has not been settled or sent to eminent domain, even if there is an executed contract that is unable to close. Two bona fide offers have been made on all unacquired properties; and (3) delegate authority to the Secretary of the Department of Environmental Protection, or his designee, to accomplish the acquisitions as described herein through negotiation or condemnation, including authority to prepare and execute all necessary parcel-specific condemnation resolutions.

COUNTY: Collier

Board of Trustees

Agenda - March 13, 2003

Page Eleven

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Item 6, cont.

51,785 acres have been acquired or are under agreement to be acquired, leaving 3,462 acres, or 6 percent, which are all currently in condemnation litigation. The Golden Gate Estates South portion of this project includes the Southern Golden Gate Estates (SGGE) subdivision and surrounding acreage tracts bordered by I-75 to the north, US-41 to the south and the Fakahatchee Strand and Belle Meade Florida Forever projects to the east and west, respectively. This one remaining property tract is also needed for construction of the Everglades Construction Project.

On January 23, 2001, the Board of Trustees recognized that (1) property within the Save Our Everglades Florida Forever project lying south of I-75 is of special importance to the state; (2) the acquisition of the land is necessary to protect hydrological connections among Big Cypress National Preserve, Fakahatchee Strand State Preserve, and Everglades National Park, and to protect and restore the Everglades, which is an endangered natural resource of unique value to the state; and (3) the failure to acquire this property will result in irreparable loss to the state and seriously impair the state's ability to manage or protect other state-owned lands. The Board of Trustees also recognized that this land is a necessary component of the Everglades Construction Project. Through a series of actions by the Board of Trustees over the last two years, DEP has been directed to acquire by eminent domain over 1,800 parcels of land.

Board of Trustees

Agenda - March 13, 2003

Page Twelve

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Item 6, cont.

There is one remaining improved homestead property to be acquired within Phase XIII-A. At least two bona fide offers have been made for this property to the maximum allowed by previous authority of the Board of Trustees. In order to restore the land, SFWMD will have to remove the roads, canals and other improvements. This will include all of the residences, recreational facilities and other structures within this 55,247.17-acre project area, excepting those structures to be used for management purposes. In order to meet the project timetable and avoid costly delays, it is requested that the Board of Trustees authorize DEP to proceed with filing eminent domain actions to acquire the homestead properties within the project area, even without the homeowner's consent to the action. DEP has been unable to obtain the written permission from Mr. Hardy to file the necessary eminent domain actions.

Mr. Hardy will receive relocation and replacement housing benefits under the Federal Uniform Relocation Assistance and Real Property Policies Act of 1970 in addition to full compensation for the property. This will include comparable replacement housing that is decent, safe, and sanitary, functionally equivalent to the displacement dwelling, and adequate in size to accommodate the occupants. The filing of these eminent domain actions will require a waiver of the Board of Trustee's policy that eminent domain will not be exercised to acquire a homestead without the written approval of the owner.

Mr. Hardy, identified as qualifying for homestead status, would fall under the Board of Trustees' homestead eminent domain policy. This is Mr. Hardy's primary residence and he qualifies under the Federal Relocation Program as a displaced homeowner. Any Federal Relocation Housing Payment (RHP) or relocation payment for Mr. Hardy would be in addition to the payment for the property through the land acquisition effort of DEP's Division of State Lands (DSL) staff.

Mr. Hardy acquired his 160-acre parcel in August 1976 for $60,000. The first formal offer by DEP to acquire his property was made on October 30, 2002, for $711,725. The second DEP offer of $909,150 was made on December 3, 2002. The last DEP offer on January 31, 2003, was increased to $1,208,843. DSL has actively pursued negotiations with the legal representatives for Mr. Hardy and have yet to be able to come to an agreement. Negotiations are at an impasse, however, the bona fide offer requirements of section 259.041(14), F.S., have been satisfied.

Since negotiations are at an impasse with Mr. Hardy, it is the opinion of the staff from the Office of Attorney General handling the eminent domain caseload that the value of this homestead parcel would best be determined through the eminent domain process. To allow enough time for a potential jury trial, the authority to acquire this parcel by the exercise of the power of eminent domain pursuant to the provisions of chapters 259, 73 and 74, F.S., must be granted to DSL staff.

Board of Trustees

Agenda - March 13, 2003

Page Thirteen

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Item 6, cont.

is perfected in order to provide public notices and hearings on the abandonment. Simply obtaining title does not complete the litigation. There is still the trial or mediation process to resolve the compensation issue. If these issues need to be closed out by the end of 2003 in order to obtain maximum federal funding, then the earlier the parcels are put into litigation, the better chance of timely completion.

Additionally, any delay in providing eminent domain approval encourages this remaining potential relocatee to procrastinate in finding replacement housing and discourages the owner from completing the necessary negotiations to resolve the issue of relocation benefits.

The parcel included in Phase XIII-A of the Save Our Everglades Florida Forever project lying south of I-75 meets these criteria.

Mr. Hardy received notice of the Cabinet meeting of January 28, 2003 to consider waiver of the homestead exception to eminent domain and his representative appeared. Mr. Hardy's representative requested DSL recommend deferral from the January 28, 2003 agenda to give opportunity for further negotiations. DSL recommended deferral in a good faith effort to continue communications with Mr. Hardy and/or his representative and the Board of Trustees approved deferral to February 11, 2003. The Board of Trustees granted an additional deferral to March 13, 2003 to give an opportunity for DSL staff and Mr. Hardy's representative to continue negotiations. However, even with the continuances, and the commendable efforts by all parties, negotiations are at an impasse.

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 1-14)

RECOMMEND APPROVAL

Board of Trustees

Agenda - March 13, 2003

Page Fourteen

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Item 7 Miller/Waiver of Eminent Domain Policy/Eminent Domain Authorization/ DOA/Save Our Everglades Florida Forever Project (Phase XIII-B)

DEFERRED FROM THE FEBRUARY 11, 2003 AGENDA

DEFERRED FROM THE JANUARY 28, 2003 AGENDA

REQUEST: Consideration of a request to (1) obtain a waiver of the Board of Trustees' eminent domain policy that eminent domain will not be exercised to acquire a homestead without the written approval of the owner in order to acquire one of two remaining homestead properties within South of the Border area of the Golden Gate Estates South; (2) direct the Department of Environmental Protection to acquire by the exercise of the power of eminent domain pursuant to the provisions of chapters 259, 73 and 74, F.S., fee simple title to the remaining land (one parcel) within the portion of the Save Our Everglades Florida Forever project (Phase XII, hereinafter identified as Phase XIII-B for agenda clarification purposes) lying south of I-75; including any parcel that has not been settled or sent to eminent domain, even if there is an executed contract that is unable to close. Two bona fide offers have been made on all unacquired properties; and (3) delegate authority to the Secretary of the Department of Environmental Protection, or his designee, to accomplish the acquisitions as described herein through negotiation or condemnation, including authority to prepare and execute all necessary parcel-specific condemnation resolutions.

COUNTY: Collier

STAFF REMARKS: The Department of Environmental Protection (DEP) is requesting authority from the Board of Trustees to acquire through eminent domain this remaining homestead parcel within the South of the Border area of the Golden Gate Estates South, Save Our Everglades project, owned by George Miller (Phase XIII-B). The Save Our Everglades project is an "A" group project on the Florida Forever Small Parcel Project List approved by the Board of Trustees on February 25, 2003. That portion of the project lying south of I-75, commonly referred to as Golden Gate Estates South, contains 55,247.17 acres, of which 51,785 acres have been acquired or are under agreement to be acquired, leaving 3,462 acres, or 6 percent, which are all currently in condemnation litigation. The Golden Gate Estates South portion of this project includes the Southern Golden Gate Estates (SGGE) subdivision and surrounding acreage tracts bordered by I-75 to the north, US-41 to the south and the Fakahatchee Strand and Belle Meade Florida Forever projects to the east and west, respectively. This tract is also needed for construction of the Everglades Construction Project.

Board of Trustees

Agenda - March 13, 2003

Page Fifteen

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Item 7, cont.

On January 23, 2001, the Board of Trustees recognized that (1) property within the Save Our Everglades Florida Forever project lying south of I-75 is of special importance to the state; (2) the acquisition of the land is necessary to protect hydrological connections among Big Cypress National Preserve, Fakahatchee Strand State Preserve, and Everglades National Park, and to protect and restore the Everglades, which is an endangered natural resource of unique value to the state; and (3) the failure to acquire this property will result in irreparable loss to the state and seriously impair the state's ability to manage or protect other state-owned lands. The Board of Trustees also recognized that this land is a necessary component of the Everglades Construction Project. Through a series of actions by the Board of Trustees over the last two years, DEP has been directed to acquire by eminent domain over 1,800 parcels of land.

As part of the Everglades Restoration Project, DEP has committed itself to the acquisition of the Golden Gate Estates South properties by the end of December to make the land available to the South Florida Water Management District (SFWMD). SFWMD's construction project will restore the land to its natural state in order to restore the hydrologic conditions in the western Everglades. The roads and canals will be removed and water flow will be restored across this area in order to recreate wetlands to benefit the Everglades and restore fresh water flow to protect coastal estuaries.

There is one remaining improved homestead property to be acquired within Phase XIII-B. At least two bona fide offers have been made for this property to the maximum allowed by previous authority of the Board of Trustees. In order to restore the land, SFWMD will have to remove the roads, canals and other improvements. This will include all of the residences, recreational facilities and other structures within this 55,247.17-acre project area, excepting those structures to be used for management purposes. In order to meet the project timetable and avoid costly delays, it is requested that the Board of Trustees authorize DEP to proceed with filing eminent domain actions to acquire the homestead properties within the project area, even without the homeowner's consent to the action. DEP has been unable to obtain the written permission from Mr. Miller to file the necessary eminent domain actions.

Mr. Miller will receive relocation and replacement housing benefits under the Federal Uniform Relocation Assistance and Real Property Policies Act of 1970 in addition to full compensation for the property. This will include comparable replacement housing that is decent, safe, and sanitary, functionally equivalent to the displacement dwelling, and adequate in size to accommodate the occupants. The filing of these eminent domain actions will require a waiver of the Board of Trustee's policy that eminent domain will not be exercised to acquire a homestead without the written approval of the owner.

Pursuant to the Federal Uniform Relocation Assistance and Real Property Policies Act of 1970, it would appear from Mr. Miller's representations of cancer that he may qualify as a

Board of Trustees

Agenda - March 13, 2003

Page Sixteen

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Item 7, cont.

hardship case. A waiver due to a hardship case may allow DSL to consider a use agreement to allow Mr. Miller to maintain his residence on the property for some period of time. In order to determine if Mr. Miller has a medical condition that may qualify for a waiver, it is necessary to review Mr. Miller's medical records. Following the January 28, 2003 agenda, DSL has repeatedly requested copies of Mr. Miller's medical records, but to date none have been provided.

Mr. Miller, identified as qualifying for homestead status, would fall under the Board of Trustees' homestead eminent domain policy. This is Mr. Miller's primary residence and he qualifies under the Federal Relocation Program as a displaced homeowner. Any Federal Relocation Housing Payment (RHP) or relocation payment for Mr. Miller is in addition to the payment for the property through the land acquisition effort of DEP's Division of State Lands (DSL) staff.

Mr. Miller acquired his 20-acre parcel in November 1988 for $6,000. The first formal DEP offer to acquire his property was made on August 3, 2001, for $193,456. The April 23, 2002, agenda included Mr. Miller's parcel, and in preparation for this item, a second offer was made in the amount of $528,750. This was to be a lump sum payment to include $193,456 for the land and house and $335,294 for relocation benefits and an incentive, with the stipulation that if he did not accept the offer, the negotiations would terminate. The parcel was pulled from the agenda schedule at the agent's request due to Mr. Miller's expressed desire to negotiate further. A third offer of $280,000, for the land and house only, was mailed October 23, 2002, and a fourth increased offer of $287,500 was given on December 3, 2002. When negotiations failed, this parcel was added to an item on the January 28, 2003 Board of Trustees' agenda, requesting authorization to exercise eminent domain proceedings.

Since negotiations are at an impasse with Mr. Miller, it is the opinion of the staff from the Office of Attorney General handling the eminent domain caseload that the value of this homestead parcel would best be determined through the eminent domain process. To allow enough time for a potential jury trial, the authority to acquire this parcel by the exercise of the power of eminent domain pursuant to the provisions of chapters 259, 73 and 74, F.S., must be granted to DSL staff.

Board of Trustees

Agenda - March 13, 2003

Substitute Page Seventeen

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Item 7, cont.

The parcel included in Phase XIII-B of the Save Our Everglades Florida Forever project lying south of I-75 meets these criteria.

Mr. Miller received notice of the Cabinet meeting of January 28, 2003 to consider waiver of the homestead exception to eminent domain and his representative appeared. Additionally, Mr. Miller's representative requested DSL recommend deferral from the January 28, 2003 agenda to give opportunity for further negotiations. DSL recommended deferral in a good faith effort to continue communications with Mr. Miller and/or his representative and the Board of Trustees approved deferral to February 11, 2003. The Board of Trustees granted an additional deferral to March 13, 2003 to give an opportunity for DSL staff and Mr. Miller's representative to continue negotiations. However, even with the continuances, and the commendable efforts by all parties, negotiations are at an impasse.

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 1-14)

RECOMMEND APPROVAL

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Substitute Item 8 Miccosukee Tribe of Florida/Waiver of Eminent Domain Policy/Eminent Domain Authorization/DOA/Save Our Everglades Florida Forever Project (Phase VI)

DEFERRED FROM THE FEBRUARY 11, 2003 AGENDA

DEFERRED FROM THE JANUARY 28, 2003 AGENDA

REQUEST: Consideration of a request to (1) direct the Department of Environmental Protection to acquire by the exercise of the power of eminent domain pursuant to the provisions of chapters 259, 73 and 74, F.S., fee simple title to all remaining land within the portion of the Save Our Everglades Florida Forever project (Phase VI) lying south of I-75 on which two bona fide offers have been made; and (2) delegate authority to the Secretary of the Department of Environmental Protection, or his designee, to accomplish the acquisitions as described herein through negotiation or condemnation, including authority to prepare and execute all necessary parcel-specific condemnation resolutions.

Board of Trustees

Agenda - March 13, 2003

Substitute Page Eighteen

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Substitute Item 8, cont.

COUNTY: Collier

STAFF REMARKS: The Department of Environmental Protection (DEP) is requesting authority from the Board of Trustees to acquire through eminent domain the three remaining parcels within the Golden Gate Estates South area of the Save Our Everglades project, owned by the Miccosukee Tribe of Florida (Phase VI). The Save Our Everglades project is an "A" group project on the Florida Forever Small Parcel Project List approved by the Board of Trustees on February 25, 2003. That portion of the project lying south of I-75, commonly referred to as Golden Gate Estates South, contains 55,247.17 acres, of which 51,785 acres have been acquired or are under agreement to be acquired, leaving 3,462 acres, or 6 percent, which are all currently in condemnation litigation. The Golden Gate Estates South portion of this project includes the Southern Golden Gate Estates (SGGE) subdivision and surrounding acreage tracts bordered by I-75 to the north, US-41 to the south and the Fakahatchee Strand and Belle Meade Florida Forever projects to the east and west, respectively. These three remaining property tracts are also needed for construction of the Everglades Construction Project.

On January 23, 2001, the Board of Trustees recognized that (1) property within the Save Our Everglades Florida Forever project lying south of I-75 is of special importance to the state; (2) the acquisition of the land is necessary to protect hydrological connections among Big Cypress National Preserve, Fakahatchee Strand State Preserve, and Everglades National Park, and to protect and restore the Everglades, which is an endangered natural resource of unique value to the state; and (3) the failure to acquire this property will result in irreparable loss to the state and seriously impair the state's ability to manage or protect other state-owned lands. DEP has since been directed by the Board of Trustees to proceed with acquisition of the parcels in Phase VI.

Board of Trustees

Agenda - March 13, 2003

Substitute Page Nineteen

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Substitute Item 8, cont.

Phase VI consists of three parcels of land totaling 805.2 acres, more or less, owned by the Miccosukee Indian Tribe (Tribe), within the Golden Gate Estates South project area known as South of the Border. At least two bona fide offers have been made for this property to the maximum allowed by previous authority of the Board of Trustees. The staff of the Office of Attorney General has determined these parcels qualify under the eminent domain provisions set forth in chapters 259, 73 and 74, F.S.

The Tribe acquired two of the tracts containing approximately 800 acres in December 1997 for $437,500. Negotiations concerning acquisition for these properties began in April 2001. The Tribe then acquired a 5.2-acre tract in May of 2001 for $15,000. The first formal offer to acquire these three properties was made on October 23, 2002 for the total sum of $639,680. A second increased offer for $803,560 was made on December 3, 2002. The last offer was increased to $1,253.560 on January 31, 2003. DSL staff has actively pursued negotiations with the Tribe's representatives, but has not been able to come to agreement and negotiations are at an impasse, however, the bona fide offer requirements of section 259.041(14), F.S., have been satisfied.

The third parcel of land owned by the Tribe is 5.2 acres located along Miller Boulevard Extension; a primitive road/dirt farm trail located in the southwestern most boundary of the project. At this time, negotiations for a settlement agreement between the Collier County Commissioners and the owners along the extension, to include the Board of Trustees, have essentially stopped. Thus any claimed prescriptive easement rights by Collier County are scheduled to be determined in the local court system. All parcels along the Miller Boulevard Extension have been purchased at an Order of Taking hearing, or have been purchased by the Board of Trustees, excluding the parcel owned by the Miccosukee Indian Tribe.

The authority requested for eminent domain covers all parcels contained herein.

Board of Trustees

Agenda - March 13, 2003

Substitute Page Twenty

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Substitute Item 8, cont.

Florida Forever "A" group project priority list if (1) the state has made at least two bona fide offers to purchase the land through negotiation and an impasse between the state and the land owner has been reached; and (2) the land is of special importance to the state because (a) it involves an endangered or natural resource and is in imminent danger of being developed; (b) it is of unique value to the state and failure to acquire the property would constitute an irreparable loss to the state; or (c) the failure to acquire the property would seriously impair the state's ability to manage or protect other state-owned lands.

The parcels included in Phase VI of the Save Our Everglades Florida Forever project lying south of I-75 meet these criteria.

Pursuant to the Board of Trustees' eminent domain policy, the landowner in Phase VI received notice of the Cabinet meeting of January 28, 2003. The request to seek authority for the use of eminent domain was deferred from the January 28, 2003 to February 11, 2003. In an effort to continue negotiation and keep the lines of communication open between DSL and the landowner's representative, the Board of Trustees deferred the request to March 13, 2003. The Miccosukee Tribe of Florida had representation at the initial Board of Trustees' meeting and subsequent deferral dates.

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 8, Pages 1-14)

RECOMMEND DEFERRAL

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Substitute Item 9 Babcock Florida Company of Pittsburgh, PA Pre-Suit Negotiations/ DOA

REQUEST: Authorization to (1) initiate pre-suit negotiations pursuant to chapter 73.015(3) F.S., using non-binding mediation with the Babcock Florida Company of Pittsburgh, PA (Babcock), prior to requesting authority to exercise the power of eminent domain; and (2) delegate authority to the Secretary of the Department of Environmental Protection in such non-binding mediation to extend bona fide offers and/or otherwise comply with section 259.041, F.S., effective at the conclusion of mediation.

COUNTIES: Charlotte and Lee

LOCATION: Sections 01 through 36, Township 41 South, Range 30 East; Sections 01 through 36, Township 42 South, Range 30 East; Sections 01 through 07, 09 and 12, Township 43 South, Range 30 East; Sections 19 through 36, Township 41 South, Range 29 East; Sections 01 through 36, Township 42 South, Range 29 East; and Sections 04 through 09, 17 and 18, Township 43 South, Range 29 East

STAFF REMARKS: The Babcock Ranch project is an "A" group project on the Florida Forever Less Than Fee Project List approved by the Board of Trustees on February 25, 2003. The project contains 91,361 acres in a single ownership known as the Circle "B" Ranch (Ranch), which is owned by Babcock.

Board of Trustees

Agenda - March 13, 2003

Substitute Page Twenty-one

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Substitute Item 9, cont.

The Ranch contains a mixture of old-growth forests and meisic (wet) flatwoods that not only provides habitat for endangered species, but also provides a vitally needed water-recharge area for the Southwest Florida area. As demand for water increases across the state, protection and management of ground water recharge areas will have to increase so that both natural systems and the citizens of the state have sufficient quantities of water. This project also provides significant natural habitat for the Florida panther, the black bear, the red-cockaded woodpecker, and for many other species of concern. Protecting the Ranch's uplands and wetlands would also contribute to a large landscape-sized protection area of more than 400,000 acres, strategically closing the gap between conservation land projects that now extend from Charlotte Harbor east to Lake Okeechobee. Acquisition of the Ranch would meet Florida Forever goals of ensuring sufficient quantities of water for Southwest Florida, and increasing protection of Florida's biodiversity of species.

The original project approval provided that a portion of the Ranch would be acquired as a full fee ownership and a portion would be acquired as a less-than-fee ownership. It has since been determined that full fee state ownership of this asset would be in the best interest of the public because it would allow public access for varied recreational uses including hunting, camping, picnicking, nature appreciation, hiking and horseback riding that would not be possible with a less-than-fee ownership.

The Babcock Ranch Florida Forever Project meets the following criteria for condemnation; 2(a) the lands of the Ranch support numerous listed and endangered species and, as evidenced by recent applications to Lee and Charlotte Counties for Comprehensive Land Use Plan Amendments to accommodate development, is in imminent danger of development; (b) it is of unique value to the state because of its geographic location between two large management areas, which if connected will establish a core conservation area greater than 400,000 acres and a major landscape linkage for Southwest Florida, and failure to acquire the property would constitute an irreparable loss to the state; and (c) the Ranch encompasses nearly all of Telegraph Swamp, a tributary of the Caloosahatchee River that is important to water management, and the geographic location of the property also constitutes a potential break in management continuity and habitat support between Fisheating Creek and the Fred C. Babcock-Cecil M. Webb Wildlife Management Area, which could jeopardize the viability of large-ranging wildlife if the Ranch is not acquired for conservation purposes.

This property will be managed as a wildlife management area by the Florida Fish and Wildlife Conservation Commission as the lead manager and the Department of Agriculture and Consumer Services' Division of Forestry as the cooperating land management agency.

Babcock has agreed to waive the provisions of section 73.015, F.S., awarding costs and attorneys' fees for pre-suit mediation.

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, Page 1)

RECOMMEND WITHDRAWAL