The Governor and Cabinet - Florida Department of State

Cabinet Affairs

AGENDA

BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND

March 12, 1996

Item 1 Quarterly Management Report

Submittal of the Quarterly Management Report for the second quarter, SFY 1995-96.

(See Attachment 1, Pages 1-18)

RECOMMEND ACCEPTANCE

Item 2 Preservation 2000/P.K. Ranch Parcel 1 Purchase Agreement

REQUEST: Consideration of a purchase agreement to acquire 862 acres (P.K. Ranch Parcel 1) by the Department of Agriculture and Consumer Services, Division of Forestry, under the Preservation 2000 Program from Linda Lya Smith and Emmy Lou Meindl, as Co-Successor Trustees, and First Union National Bank of Florida, as Trustee.

COUNTY: Hernando

APPLICANT: Department of Agriculture and Consumer Services, Division of Forestry

LOCATION: Sections 20, 21, 27, and 28, Township 22 South, Range 21 East

CONSIDERATION: $1,831,750

REVIEW NO. 604005

                    APPRAISED BY 
PARCEL                 BROWN     PORTER      APPROVED   PURCHASE         CLOSING
NAME        ACRES    (11/30/92)  (11/13/92)   VALUE      PRICE           DATE
#1          862      $1,940,000  $1,920,000 $1,940,000   $1,831,750      7 months 
P.K. Ranch                                                               after BOT
                                                                         approval

STAFF REMARKS: This acquisition was negotiated by the Department of Agriculture and Consumer Services, Division of Forestry (DOF), under the P2000 Additions and Inholding Program.

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

A survey and environmental site assessment of the property will be provided by the DOF prior to closing.

A cattle dipping vat was originally located on this parcel. A 10-acre parcel with the cattle dipping vat in the middle has been omitted from this acquisition.

Once acquired, this property will be managed by the Department of Agriculture and Consumer Services, Division of Forestry, as part of the Withlacoochee State Forest. This parcel is adjacent to the Withlacoochee State Forest and will consolidate state forest boundaries and improve overall management of the forest. This property will be managed for natural resource conservation and outdoor recreation activities under a multiple use management regime.

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

(See Attachment 2, Pages 1-38)

RECOMMEND APPROVAL

Board of Trustees

Agenda - March 12, 1996

Page Two

Item 3 Preservation 2000/P.K. Ranch Parcel 2 Purchase Agreement

REQUEST: Consideration of a purchase agreement to acquire 760 acres (P.K. Ranch Parcel 2) by the Department of Agriculture and Consumer Services, Division of Forestry, under the Preservation 2000 Program from Linda Lya Smith and Emmy Lou Meindl, as tenants in common.

COUNTY: Hernando

APPLICANT: Department of Agriculture and Consumer Services, Division of Forestry

LOCATION: Sections 27, 28, 33 and 34, Township 22 South, Range 21 East, and

Section 04, Township 23 South, Range 21 East

CONSIDERATION: $1,983,600

REVIEW NO. 604006

                        APPRAISED BY
PARCEL            BROWN    PORTER    APPROVED     PURCHASE   CLOSING
NAME      ACRES (11/30/92)  (11/13/920 VALUE      PRICE      DATE
#2        760   $2,090,000  $1,900,000 $2,090,000 $1,983,600 7 months 
P.K.Ranch                                                    after BOT
                                                             approval

STAFF REMARKS: This acquisition was negotiated by the Department of Agriculture and Consumer Services, Division of Forestry (DOF), under the P2000 Additions and Inholding Program. The State's obligation to close this transaction is contingent upon its closing the P.K. Ranch Parcel 1. The price per acre of Parcel 2 has been appraised slightly higher than Parcel 1 because of the potential for some residential development.

A survey and environmental site assessment of the property will be provided by the DOF prior to closing.

There is a cemetery located on this property which shall be omitted from this acquisition prior to closing. The area to be excluded may not exceed five acres and the purchase price will be adjusted if necessary. Additionally, prior to closing, the Seller will grant reasonable access to the cemetery in the form of a non-exclusive easement for ingress/egress in accordance with Section 704.08, F.S., and the form of such easement must be approved by the Division of State Lands and DOF.

Linda Lya Smith currently has a permit to cross the Withlacoochee Recreation Trail to reach her home and the property that is adjacent to this parcel. Through this contract, the Board of Trustees have agreed to grant to Linda Lya Smith, at the time of closing, a non-exclusive easement across the Withlacoochee Recreation Trail, at the same location the permit covers.

Board of Trustees

Agenda - March 12, 1996

Page Three

Item 3, cont.

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 1-25)

RECOMMEND APPROVAL

Item 4 Preservation 2000/P.K. Ranch Parcel 3 Purchase Agreement

REQUEST: Consideration of a purchase agreement to acquire 2 acres (P.K. Ranch Parcel 3) by the Department of Agriculture and Consumer Services, Division of Forestry, under the Preservation 2000 Program from Linda Lya Smith.

COUNTY: Hernando

APPLICANT: Department of Agriculture and Consumer Services, Division of Forestry

LOCATION: Section 21, Township 22 South, Range 21 East

CONSIDERATION: $8,215

REVIEW NO. 604007

                 APPRAISED BY
PARCEL             BROWN       APPROVED   PURCHASE     CLOSING
NAME      ACRES   (11/30/92)   VALUE      PRICE        DATE
#3         2       $8,500      $8,500     $8,215       7 months
P.K. Ranch                                             after BOT 
                                                       approval

STAFF REMARKS: This acquisition was negotiated by the Department of Agriculture and Consumer Services, Division of Forestry (DOF), under the P2000 Additions and Inholding Program.

A survey and environmental site assessment of the property will be provided by the DOF prior to closing.

Board of Trustees

Agenda - March 12, 1996

Page Four

Item 4, cont.

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 1-22)

RECOMMEND APPROVAL

Item 5 Florida First Magnitude Springs (Weeki Wachee) CARL Project Option Agreements

REQUEST: Consideration of three option agreements to acquire approximately 2.214 acres within the Florida First Magnitude Springs (Weeki Wachee) CARL Project from three separate owners.

COUNTY: Hernando

LOCATION: Section 35, Township 22 South, Range 17 East

CONSIDERATION: $177,500

                                            APPRAISED BY
REVIEW                            (Dohring)    APPROVED   PURCHASE    OPTION
NO.        SELLER         ACRES   (05/18/95)   VALUE      PRICE       DATE
604002     Clear Vision   0.689    $70,000     $70,000    $50,000     06/30/96
604003     Merglewski     0.836    $73,000     $73,000    $69,500     06/30/96
604004     Shifrin        0.689    $60,000     $60,000    $58,000     06/30/96
                         --------              --------   --------
                          2.214                $203,000   $177,500

STAFF REMARKS: The Florida First Magnitude Springs (Weeki Wachee) CARL Project is ranked number 14 on the CARL Priority Project List approved by the Board of Trustees on February 14, 1995, and is eligible for negotiation under the Division of State Lands' Land Acquisition Workplan. The Weeki Wachee portion of the project contains 1,266.65 acres, of which 583.25 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 681.18 acres or 53.7 percent of this portion of the project will remain to be negotiated.

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

The certified survey and environmental site assessment will be provided by the purchaser.

Board of Trustees

Agenda - March 12, 1996

Page Five

Item 5, cont.

Florida has approximately 30 first magnitude springs which discharge on average at least 100 cubic feet of water per second. Commercial, residential and agricultural run-off, clearcutting, mining, and unsupervised recreation can degrade the water quality of these springs and harm the Florida Aquifer. The First Magnitude Springs Project is aimed at protecting eight of these 30 springs by acquiring land around or near the headwaters.

The Weeki Wachee Springs group forms the headwaters of the Weeki Wachee (or Weekiwachee) River. The area around the Weeki Wachee Spring pool has been extensively developed and is a well known tourist attraction; however, at present the upper river is relatively pristine and includes natural communities such as scrub, xeric hammock, depression marsh, spring-run stream and aquatic caves. In addition to the recreational activities associated with the headspring attraction, hiking, bicycling, fishing, picnicking, canoeing, camping, nature appreciation and natural resource education can be accommodated.

This property will be managed by Florida Game and Fresh Water Fish Commission in conjunction with the Chassahowitzka Wildlife Management Area.

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

(See Attachment 5, Pages 1-41)

RECOMMEND APPROVAL

Item 6 Wekiva-Ocala Greenways CARL Project/Adventist Health System/Sunbelt, Inc., Option Agreement

REQUEST: Consideration of an option agreement to acquire approximately 90.06 acres within the Wekiva-Ocala Greenways CARL Project from Adventist Health System/Sunbelt, Inc.

COUNTY: Lake

LOCATION: Sections 30 and 31, Township 18 South, Range 29 East

CONSIDERATION: $200,000

REVIEW NO. 604001

          APPRAISED BY
              GOODMAN    APPROVED  PURCHASE  OPTION
PARCEL ACRES  (08/22/94) VALUE     PRICE     DATE
83-1   60.01  $148,900  $148,900
83-3   30.05   $58,400   $58,400
       ------            -------
       90.06            $207,300   $200,000  07/31/96

STAFF REMARKS: The Wekiva-Ocala Greenways CARL Project is ranked number 7 on the CARL Priority Project List approved by the Board of Trustees on February 14, 1995, and is eligible for negotiation under the Division of State Lands' Land Acquisition Workplan. The Wekiva-Ocala Greenways Project contains 28,050 acres, of which 10,763.76 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 17,196.18 acres or 61.31 percent of the project remains to be negotiated.

Board of Trustees

Agenda - March 12, 1996

Page Six

Item 6, cont.

A title search of the property revealed outstanding oil, gas and mineral interests held by Consolidated-Tomoka Land Company. The right of entry for 66 acres has been released to the seller. The Bureau of Geology has indicated that the potential for economic oil and gas production in the area is considered slim and the potential for economic mineral development in the area is considered low. The Bureau of Appraisal has indicated that the outstanding interests do not affect the market value of the property. Staff recommends acquiring these properties subject to the outstanding interests.

The certified survey and the environmental site assessment will be provided by the purchaser prior to closing. These properties will be managed by the Division of Forestry.

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

(See Attachment 6, Pages 1-22)

RECOMMEND APPROVAL

Item 7 Palm Beach County Board of County Commissioners/Sovereignty, Submerged Land Lease

WITHDRAWN FROM FEBRUARY 13, 1996 AGENDA

REQUEST: Consideration of an application for a five-year sovereignty, submerged land lease containing 22,508 square feet, more or less, for a proposed public fishing pier.

COUNTY: Palm Beach

Application No. 502637596

APPLICANT: Palm Beach County Board of County Commissioners

(Juno Beach Pier)

LOCATION: Section 21, Township 41 South, Range 43 East, in the Atlantic Ocean, 3.6 miles south of the Jupiter Inlet, Class III waters, near the town of Juno Beach, within the local jurisdiction of Palm Beach County.

Aquatic Preserve: No

Outstanding Florida Waters: No

Board of Trustees

Agenda - March 12, 1996

Page Seven

Item 7, cont.

CONSIDERATION: $2,920.41 as the initial lease fee computed at the base rate of $0.1038 per square foot and including the initial 25 percent surcharge payment. Sales tax will be assessed pursuant to section 212.031, F.S., if applicable. Fees may be revised upon receipt of an acceptable survey.

STAFF REMARKS: The applicant is proposing to construct a public fishing pier in conjunction with the county's Juno Beach Park. The pier will extend into the Atlantic Ocean approximately 895 feet, with a 22-foot wide walkway. In the nearshore area of the pier, the applicant is proposing to construct a 660 square-foot bait shop and vending area. This bait shop is expected to be operated or managed by a concessionaire with vending machines available for the use of the pier patrons and is considered a non-water dependent activity. The applicant has not determined the admission fee to the pier, but anticipates the fee will be minimal. To ensure long-term applicability of the conditions being imposed for the protection of sea turtles and in light of the commercial nature of the bait shop, staff does not recommend a waiver of lease fees.

The site of the proposed pier is on a Palm Beach County beach that contained a record number of turtle nests during the past nesting season and has historically been the heaviest nesting beach in the state. In 1990, 773 nesting sites were located on the beaches within one-half mile north and south of the proposed pier location. In 1995, there were 1,464 nesting sites within the same area. These nests are primarily used by three species of marine turtles: green, loggerhead, and leatherback turtles.

Since the applicant is proposing to operate the pier at night, the proposal includes lighting the walkway, the area under the main access pier, and around the terminal platform, bait shop, and vending machine areas. This presents staff with substantial concerns because unrestricted lighting and human activity on the beach area has been shown to significantly impact turtle nesting activities and to disorient hatchlings when leaving the nest. This lighting may result in an adverse impact on the hatchlings. To address these concerns, staff requested the Bureau of Protected Species (BPS) of the Division of Marine Resources to review the potential impacts that construction and use of the pier may have on the nesting and hatching activities of sea turtles.

The BPS review states that potential adverse impacts would be lessened with the imposition of special lease conditions. The conditions address the hours of operation of the pier, lighting, location of construction equipment, informational displays regarding hooking or snagging a marine turtle, establishing medical care procedures, removal of discarded fishing gear, annual reports of nesting survey data and other activities, and timing of construction activities. Prior to construction, the applicant must provide a plan describing the handling and salvaging of hook and line captured marine turtles from the pier, a marine turtle nest survey and monitoring plan, and a lighting plan for the pier.

Because of potentially significant adverse impacts to marine turtles, staff recommends approval of the lease only if these conditions are included in the lease. The applicant has agreed to comply with all of these conditions.

This type of project qualifies for processing under the delegations of authority. However, in light of heightened public concern, its potential effect on the environment, and controversial nature, staff is of the opinion that this project should be elevated to review by the Trustees.

Approximately 234 individuals have written in support of the project; and resolutions of support from the City of Palm Beach Gardens, City of Riviera Beach, Northern Palm Beaches Chamber of Commerce, and Jupiter/Tequesta/Juno Beach Chamber of Commerce have been received. Additionally, a petition of 3,000 names was submitted to Palm Beach County in support of the project in 1988. Approximately 836 individuals have written or signed petitions in opposition

Board of Trustees

Agenda - March 12, 1996

Page Eight

Item 7, cont.

to the project; and the Towns of Jupiter (via resolution) and Juno Beach oppose the project. Organizations expressing opposition to the pier include Swimmers and Taxpayers Opposing the Pier (STOP), Reef Environmental Education Foundation, Humane Society of the United States, and Sea Turtle Survival League. These comments in opposition to the project cover a variety of concerns, including the potential for adverse impact to turtles, the turtle nesting area/habitat, the presence of a public fishing pier within a residential area, and inadequate parking. Staff is of the opinion that these concerns have been addressed by the recommended special lease conditions or they represent local land use issues or concerns which are not within the jurisdiction of the department.

It is important to note that this request is being presented as an incomplete application at the applicant's request. The applicant is pursuing the outstanding items needed for completion, except for the lease survey, for which the applicant does not want to expend funds unless the request is approved. Staff has no objections to this request. If the lease is approved, staff will require the applicant to provide the items listed as special approval conditions prior to the issuance of an executed lease and prior to commencement of any construction activities.

The items which presently remain outstanding are: (1) a final determination of who will operate the facility (concessionaire or County staff); (2) the various plans and studies requested by the BPS; (3) acceptance by the applicant of the recommended BPS special conditions; and (4) the required survey and legal description of the proposed lease area. Additionally, the application for a coastal permit to the Bureau of Beaches and Coastal Systems is not complete and will be processed separately from this action.

The Board of Trustees authorized a rule amendment on September 14, 1995, to "link" the two processes of regulatory and proprietary reviews and authorizations. Because this application was received prior to October 12, 1995, the effective date of the linkage rule, the two decisions can be made separately. For background information, the "Intent to Issue" an environmental resource permit is attached.

Section 163.3194(3)(b), F.S., in summary, states that a local development approved or undertaken by a local government shall be consistent with the comprehensive plan if it meets all criteria of the plan and all other criteria enumerated by the local government. The proposed action is consistent with the adopted plan according to a letter received from Palm Beach County.

(See Attachment 7, Pages 1-9)

RECOMMEND APPROVAL SUBJECT TO THE SPECIAL APPROVAL CONDITIONS, THE SPECIAL LEASE CONDITIONS, AND PAYMENT OF $2,920.41

Item 8 Florida Mitigation Trust Corporation (Lake Okeechobee Mitigation Bank) Sovereignty, Submerged Lands Use Request

DEFERRED FROM FEBRUARY 13, 1996 AGENDA TO MARCH 12, 1996 AGENDA

DEFERRED FROM JANUARY 23, 1996 AGENDA

REQUEST: Consideration of an application for use of sovereignty submerged lands to establish a mitigation bank. The proposed project involves removal of approximately 1,200 acres of melaleuca.

Board of Trustees

Agenda - March 12, 1996

Page Nine

Item 8, cont.

COUNTY: Glades, Hendry, and Palm Beach

Application No. 47021562W

APPLICANT: Florida Mitigation Trust Corporation (Lake Okeechobee Mitigation Bank)

LOCATION: Sections 01, 02, 12, and 16, Township 42 South, Range 32 East; Sections 16, 17, 18, and 31, Township 42 South, Range 33 East; and Sections 21, 27, 28, and 35, Township 41 South, Range 32 East, in the southwest corner of Lake Okeechobee, near the towns of Lakeport, Moore Haven, and South Moore Haven, within the local jurisdictions of Glades, Hendry, and Palm Beach Counties.

Aquatic Preserve: No

Outstanding Florida Waters: No

CONSIDERATION: N/A

STAFF REMARKS: The applicant is proposing to remove melaleuca from approximately 1,200 acres of Lake Okeechobee in Glades County as Phase I of a mitigation bank. Additional phases would include removal in Hendry and Palm Beach Counties. The melaleuca would be mechanically removed and mulched. Remaining stumps would be treated with herbicides. The applicant has proposed to compensate the Board of Trustees (BOT) for use of state lands through the payment of seven percent of total gross revenues earned through the sale of landscape mulch. The mitigation credits earned would be sold by the applicant to other entities needing mitigation for wetland impacts resulting from dredging and filling activities.

This request to use sovereignty submerged lands was denied by the Division of Environmental Resource Permitting on June 23, 1995, at which time the applicant requested an extension of time to petition this decision. The extension was granted, and on September 14, 1995, the BOT approved rule 18-21.0051, F.A.C., which requires that requests to approve the use of sovereignty submerged lands for mitigation banks be acted upon by the BOT. This rule became effective on October 12, 1995. Because of the new rule, this recommendation is being brought before the BOT for consideration.

The site of the proposed mitigation bank is within an area being aggressively treated to control the exotic plant melaleuca under a cooperative program among the U.S. Army Corps of Engineers, the South Florida Water Management District, and the department. The goal of this treatment effort is the eradication of the melaleuca seed source from Lake Okeechobee. The effort is well under way and ahead of schedule with approximately 20,000 acres already treated. The treatment effort has focused on the outlier trees which are the most expensive to control and the greatest threat to continued seed dispersal. Only 1,200 acres of dense monoculture and less than one-third of the outliers remain to be treated.

During the course of the eradication effort, the agencies have found aerial spraying of dense stands to be an environmentally sound method that is relatively quick and inexpensive. Large stands can be controlled for approximately $300 per acre and involve the use of no more herbicide than is required for stump treatments during harvesting operations. Areas previously sprayed are developing an understory of mostly desirable vegetation on the undisturbed wetland soils.

On March 6, 1995, the department adopted a policy regarding the use of state-owned lands for mitigation banks. The policy did not specifically contemplate the use of sovereignty submerged lands for mitigation banks and did not address special concerns associated with the use of such lands. Staff recognizes that the BOT have not had the opportunity to consider the implications

Board of Trustees

Agenda - March 12, 1996

Page Ten

Item 8, cont.

of using sovereignty submerged lands for mitigation banks; however, absent such consideration, the policy gives guidance on issues that should be considered when evaluating the propriety of using sovereignty submerged lands for mitigation banking purposes.

Policy statement 4 addresses the circumstances under which mitigation banks should be considered on state-owned lands. The proposed application is not consistent with parts b, c, and e of this statement. An alternative mechanism is already in place to accomplish the proposed exotic removal and is proceeding well ahead of schedule. Funding for the remaining work is well under the statutorily required minimum expenditure level for melaleuca control in the department's Aquatic Plant Management program over the anticipated three to five year remaining life of the eradication effort. Further, the site is not now, nor anticipated to be, under active state management, and no unit management plan has been adopted for the site.

Policy statement 5 addresses the types of mitigation that are and are not considered acceptable on state-owned lands. Acceptable forms of mitigation include those that result in restored and enhanced, self-sustaining native systems. Unacceptable forms of mitigation include those forms that destroy one type of native system to create another and exotic removals that are expected to require intensive long-term management unless resources are available to conduct the work.

The application is inconsistent with policy statement 5 in both regards. Lake Okeechobee is subject to a hydrologic reengineering study by the U.S. Army Corps of Engineers as part of the implementation of the Everglades Restoration Plan. Alteration of the hydrologic regimes of the lake will alter the site's natural community character. Pending the outcome of the NEPA (National Environmental Policy Act) review of water levels, it is impossible to predict future site conditions. While it is safe to predict that the removal of melaleuca is positive under any circumstance, it is impossible to predict the sustainability and management needs of any proposed mitigation project. Further, the Bureau of Aquatic Plant Management has determined that the proposed method of tree removal using heavy equipment is destructive to the substrate and ground cover and will exacerbate long-term exotic plant control efforts under a variety of water level scenarios. The bureau has also expressed concerns over delays that would result from flooding of the site such as has occurred for the past two years.

Policy statements 8 and 9 address fees. Department staff have not negotiated fees with the applicant because of the denial recommendation. The proposal to pay seven percent of gross revenues of the sale of mulch is inconsistent with the policy direction.

Policy statement 10 addresses the need to establish a list of desirable bank sites and to use a Request for Proposals (RFP). Staff are in the process of developing a list of appropriate sites. No RFP has been issued.

Policy statement 11 gives guidance for the evaluation of desirable bank sites. Desirable sites are those with an identified restoration need that is a high agency priority and located in an area of significant development pressure. The proposed site is not a desirable bank site on this basis. While seed source eradication has been identified as a priority, the agencies implementing that project have not termed it restoration given the uncertainty of future water levels. Of special concern is the fact that the freshwater wetlands in and around Lake Okeechobee are not facing significant development pressure. Delays in the timing of the sale of bank credits and any subsequent delays in completing the proposed work impinge severely on the success of the ongoing seed source eradication program. Because melaleuca can reinvade quickly while any seed source remains, it is imperative that work proceed without delay.

Board of Trustees

Agenda - March 12, 1996

Page Eleven

Item 8, cont.

Policy statement 12 addresses additional public policy considerations for the evaluation of potential mitigation banks. While the applicant has expressed a willingness to accept some limitation on the use of bank credits for the destruction of other submerged lands, no detailed discussions have been held by staff. This policy statement also provides that department staff would work in consultation with the regulatory entity processing the permit for the bank (South Florida Water Management District) to address further limitations on the uses of credits and the mitigation service area. No such discussions have been held because of the denial posture in which the application has existed.

The Environmental Protection Agency, the National Marine Fisheries Service, the Florida Game and Fresh Water Fish Commission, and the U.S. Army Corps of Engineers have all expressed serious concerns about the suitability of this site as a potential mitigation bank and/or recommend against its authorization as currently proposed.

Staff recognizes that the BOT have not previously considered and is not bound by the above mentioned policy. Should the BOT decide to approve a bank at this site, staff recommends the issuance of an RFP.

(See Attachment 8, Pages 1-6)

RECOMMEND DENIAL

Item 9 Administration Commission/Key Deer CARL Project

DEFERRED FROM THE FEBRUARY 27, 1996 AGENDA

REQUEST: Consideration of a request by the Administration Commission to authorize the department to continue to purchase land within the Key Deer CARL Project utilizing appraisals based on land use regulations in effect as of January 1, 1996.

COUNTY: Monroe

APPLICANT: Administration Commission

LOCATION: Big Pine Key

STAFF REMARKS: During recent negotiations concerning adoption and implementation of changes to the Monroe County Comprehensive Plan, department staff met with staff from the Department of Community Affairs, Monroe County and the Intervenors to discuss issues associated with land acquisition. Of major concern was the anticipated impact adoption of the proposed amendments to the comprehensive plan would have on efforts to acquire land within the Key Deer CARL Project. Under the proposed amendments, no development permits could be issued within Key Deer CARL Project boundary until a habitat conservation plan is completed. This prohibition would apply to virtually all platted subdivisions within the boundaries of the CARL project and, in staff's opinion, would bring land acquisition to a stand still. Recognizing that the purpose of the land acquisition and the development restrictions is identical (i.e., protection of key deer habitat), staff discussed various ways that acquisition might continue. Ultimately, it was felt that making offers to purchase lots on Big Pine Key based on the values in existence prior to recent changes in the comprehensive plan was the most reasonable way to proceed. Under this approach, lots within the CARL project would be appraised based on the now-existing land use regulations. Subsequent changes to the comprehensive plan or underlying land use regulations would not be taken into account.

Board of Trustees

Agenda - March 12, 1996

Page Twelve

Item 9, cont.

If approved by the Board of Trustees, this would represent a departure from normal appraisal practices which seek to determine the fair market value of property based upon land use regulations in effect at the time of acquisition. In this case, however, it is feared that the proposed comprehensive plan amendments will so substantially diminish the property values that no willing sellers will be found. In view of the fact that the proposed comprehensive plan amendments are being considered solely for the purpose of ensuring the continued viability of the remaining population of Key Deer and that this is also the purpose of purchasing the land

under the CARL program, staff felt comfortable in recommending that the Board of Trustees exercise its discretion to purchase land within the project boundaries based upon the values in effect prior to any changes in the comprehensive plan.

In order to do this, the Board of Trustees must exercise its authority under section 259.041(1), F.S., to waive the normal appraisal procedures established by rule pursuant to section 259.041(7), F.S., and to substitute other reasonably prudent procedures, provided the public's interest is reasonably protected. Staff would utilize existing appraisals that do not consider the potential effect of the proposed comprehensive plan amendments and would, if necessary, secure appraisals of additional properties within the Key Deer CARL Project with instructions to the appraiser to disregard the effect of the proposed comprehensive plan amendments, if enacted. Thus, lots on Big Pine Key will continue to be purchased at values in effect prior to any changes in the comprehensive plan.

By waiving the normal appraisal procedures established pursuant to section 259.041(7), F.S., and substituting other reasonably prudent procedures, staff could continue to acquire lots within the Key Deer CARL Project utilizing existing delegations of authority. It is estimated that there remain approximately 3,500 parcels to be acquired in the Key Deer CARL Project.

By adopting this recommendation, the Board of Trustees specifically finds that the substitute procedures discussed herein will reasonably protect the public's interest.

This recommendation is included within a larger series of recommendations being submitted to the Administration Commission today, all dealing with the Monroe County Comprehensive Plan. Assuming the Administration Commission votes to approve this portion of those recommendations, it would be appropriate for the Board of Trustees to indicate its concurrence by approving this item. If approved, staff will present several contracts for the Board of Trustees' consideration that were previously negotiated utilizing older appraisals, will proceed to approve other contracts under the delegations given to the department, and will continue to make offers based upon those appraisals.

RECOMMEND APPROVAL