Cabinet Affairs

AGENDA

BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND

MARCH 25, 1997

Item 1 McGrath/Bodnar/Beynon Option Agreement/Survey Waiver/Belle Meade CARL Project

REQUEST:  Consideration of (1) an option agreement to acquire 177.60 acres within the Belle Meade CARL project from Margaret P. McGrath, Julius S. Bodnar, Francis G. Bodnar and Mary Pauline Beynon; and (2) a request for survey waiver.

COUNTY:  Collier

LOCATION:  Section 31, Township 50 South, Range 27 East

CONSIDERATION:  $337,000

APPRAISED BY

REVIEW PARCEL (Dane) APPROVED PURCHASE OPTION

NO. NO. OWNER ACRES (11/28/95) VALUE PRICE DATE

705004 396 McGrath, et al 177.60 $355,200 $355,200 $337,000 05/30/97

STAFF REMARKS:  The Belle Meade CARL project is ranked number 3 on the CARL Priority Project List approved by the Board of Trustees on February 13, 1996, and is eligible for purchase under the Division of State Lands' Land Acquisition Workplan.  This project contains 19,227 acres, of which 8,181 acres have been acquired or are under agreement to be acquired.  After the Board of Trustees approves this agreement and other agreements in the Belle Meade project presented today, 10,786 acres or 56 percent of the project will remain to be acquired.

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

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

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

While this parcel is being recommended for a waiver of survey at this time, should the title commitment reveal a substantive surveying or surveying related issue which impacts the parcel, a certified survey will be provided by the purchaser prior to closing. In the event a full survey is waived, a professional land surveyor will inspect the property for any visible evidence of improvements or potential boundary issues. In cooperation with the managing agency, the Division of State Lands will acquire any special purpose survey work necessary for the effective management of the property.

An environmental site assessment will be provided by purchaser prior to closing.

The cypress swamps and old-growth slash pine flatwoods in the Belle Meade project, extending to the fast-developing suburbs of Naples, are still important for such endangered

Board of Trustees

Agenda - March 25, 1997 Page Two

Item 1, cont.

wildlife as Florida panthers, red-cockaded woodpeckers, and Florida black bear. Belle Meade is also the watershed for Rookery Bay. The Belle Meade CARL project will conserve the westernmost large natural area in southwest Florida, protect some of the southernmost populations of several rare animals, and help protect the quality of the subtropical estuary of Rookery Bay by preserving the critical hydrological connection from the flatwoods and swamps to the bay, while providing a large area for recreation in a natural environment to residents of and visitors to rapidly urbanizing southwest Florida.

This property will be managed by the Department of Agriculture and Consumer Services, Division of Forestry as part of the Picayune Strand State Forest.

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

(See Attachment 1, Pages 1-22)

RECOMMEND APPROVAL

Item 2 Elizabeth Anton LaRossa Purchase Agreement/Survey Waiver/Belle Meade CARL Project

REQUEST:  Consideration of (1) a purchase agreement to acquire 82.80 acres within the Belle Meade CARL project from Elizabeth Anton LaRossa, individually and as trustee; and (2) a request for survey waiver.

COUNTY:  Collier

LOCATION:  Section 15, Township 50 South, Range 27 East

CONSIDERATION:  $165,600

APPRAISED BY

REVIEW PARCEL (Dane) APPROVED PURCHASE CLOSING

NO. NO. OWNER ACRES (11/28/95) VALUE PRICE DATE

705005 212 LaRossa 82.80 $165,600 $165,600 $165,600 6 months after BOT

approval

STAFF REMARKS:  The Belle Meade CARL project is ranked number 3 on the CARL Priority Project List approved by the Board of Trustees on February 13, 1996, and is eligible for purchase under the Division of State Lands' Land Acquisition Workplan.  This project contains 19,227 acres, of which 8,181 acres have been acquired or are under agreement to be acquired.  After the Board of Trustees approves this agreement and other agreements in the Belle Meade project presented today, 10,786 acres or 56 percent of the project will remain to be acquired.

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

A waiver of the requirement for survey of this parcel is being requested pursuant to section 18-1.005, F.A.C., because, in the opinion of the Bureau of Surveying and Mapping, the

Board of Trustees

Agenda - March 25, 1997 Page Three

Item 2, cont.

parcel to be acquired meets all of the following conditions:

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

While this parcel is being recommended for a waiver of survey at this time, should the title commitment reveal a substantive surveying or surveying related issue which impacts the parcel, a certified survey will be provided by the purchaser prior to closing. In the event a full survey is waived, a professional land surveyor will inspect the property for any visible evidence of improvements or potential boundary issues. In cooperation with the managing agency, the Division of State Lands will acquire any special purpose survey work necessary for the effective management of the property.

An environmental site assessment and title insurance policy will be provided by purchaser prior to closing.

The cypress swamps and old-growth slash pine flatwoods in the Belle Meade project, extending to the fast-developing suburbs of Naples, are still important for such endangered wildlife as Florida panthers, red-cockaded woodpeckers, and Florida black bear. Belle Meade is also the watershed for Rookery Bay. The Belle Meade CARL project will conserve the westernmost large natural area in southwest Florida, protect some of the southernmost populations of several rare animals, and help protect the quality of the subtropical estuary of Rookery Bay by preserving the critical hydrological connection from the flatwoods and swamps to the bay, while providing a large area for recreation in a natural environment to residents of and visitors to rapidly urbanizing southwest Florida.

This property will be managed by the Department of Agriculture and Consumer Services, Division of Forestry as part of the Picayune Strand State Forest.

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

(See Attachment 2, Pages 1-12)

RECOMMEND APPROVAL

Item 3 The Nature Conservancy, Inc. (Negroni) Assignment of Purchase Agreement/Survey Waiver/Lake Wales Ridge Ecosystems CARL Project

REQUEST: Consideration of (1) the acceptance of an assignment of a purchase agreement to acquire approximately 11.5 acres (46 lots) within the Lake Wales Ridge Ecosystems (Holmes Avenue) CARL project from The Nature Conservancy, Inc. (TNC); and (2) a request for survey waiver.

COUNTY: Highlands

Board of Trustees

Agenda - March 25, 1997 Page Four

Item 3, cont.

LOCATION: Section 09, Township 37 South, Range 30 East

CONSIDERATION: $83,100 ($78,500 for the acquisition and $4,600 for the purchase of the purchase agreement)

APPRAISED BY

REVIEW Miller APPROVED PURCHASE CLOSING

NO. PARCEL ACRES (08/31/93) VALUE PRICE DATE

705002 Negroni 11.5 $92,000 $92,000 $78,500 6 months

after BOT

approval

STAFF REMARKS:  The Lake Wales Ridge Ecosystems CARL project is ranked number 1 on the CARL Mega-Multiparcel Project List approved by the Board of Trustees on February 13, 1996, and is eligible for purchase under the Division of State Lands' Land Acquisition Workplan.  This project contains 1,269 acres, of which 630 acres have been acquired or are under agreement to be acquired.  After the Board of Trustees approves this agreement, 628 acres or 49 percent of the project will remain to be acquired.

Pursuant to a multi-party acquisition agreement entered into between the Division of State Lands (DSL) and TNC, TNC has entered into a purchase agreement to acquire this approximately 11.5-acre parcel from Suni G. Cabrera, Ancillary Personal Representative of the Estate of Otilia Lluberas Negroni. After this acquisition is approved, the Board of Trustees will acquire the purchase agreement from TNC for $4,600, which represents TNC's costs associated with acquiring the purchase agreement. The assignment of the purchase agreement provides that payment to TNC is contingent upon the Board of Trustees successfully acquiring the property from the owner. The assignment of the purchase agreement further provides that in no event will the purchase price for the assignment and the purchase price of the property exceed the DSL approved value of the property.

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

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

• the parcel is surrounded by state-owned land or surrounded by land the state intends to acquire;
• the referenced parcel is located within a subdivision or in a section in which the controlling land corners have been recently surveyed by Keith & Schnars, Inc., and the survey drawing is acceptable for computing acreage;
• the parcel is in its natural unimproved condition; and
• the boundary of the parcel does not adjoin fences or improvements other than those managed by the state.

While this parcel is being recommended for a waiver of survey at this time, should the title commitment reveal a substantive surveying or surveying related issue which impacts the parcel, a certified survey will be provided by the purchaser prior to closing. In the event a full

survey is waived, a professional land surveyor will inspect the property for any visible evidence of improvements or potential boundary issues. In cooperation with the managing Board of Trustees

Agenda - March 25, 1997 Page Five

Item 3, cont.

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

An environmental site assessment and a title insurance policy will be provided by the purchaser prior to closing.

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

This property will be managed by the Florida Game and Fresh Water Fish Commission for habitat preservation.

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 1-12)

RECOMMEND APPROVAL

Item 4 The Nature Conservancy, Inc. (Diocese of Venice) Assignment of Option Agreement/Lake Wales Ridge Ecosystems CARL Project

REQUEST: Consideration of the acceptance of an assignment of an option agreement to acquire 40 acres within the Lake Wales Ridge Ecosystems (Henscratch Road/Jack Creek) CARL project from The Nature Conservancy, Inc. (TNC).

COUNTY: Highlands

LOCATION: Section 03, Township 36 South, Range 29 East

CONSIDERATION: $185,400 ($180,000 for the acquisition; $5,400 for the purchase of the option agreement)

APPRAISED BY

REVIEW Rex APPROVED PURCHASE OPTION

NO. PARCEL ACRES (02/06/95) VALUE PRICE DATE

705003 Diocese of 40 $200,000 $200,000 $180,000 120 days after

Venice BOT approval

STAFF REMARKS: The Lake Wales Ridge Ecosystems CARL project is ranked number 1 on the CARL Priority Project List approved by the Board of Trustees on February 13, 1996, and is eligible for negotiation under the Division of State Lands' Land Acquisition Workplan. This project contains 33,031 acres, of which 1,250 acres have been acquired by Southwest Florida Water Management District and 11,990 acres have been acquired or are under agreement to be acquired by the Board of Trustees. If the Board of Trustees approves this agreement, 19,751 acres or 60 percent of the project will remain to be acquired.

Board of Trustees

Agenda - March 25, 1997 Page Six

Item 4, cont.

Pursuant to a multi-party acquisition agreement entered into between the Division of State Lands (DSL) and TNC, TNC has acquired an option to purchase this 40-acre parcel from the Diocese of Venice, a corporation sole. After this acquisition is approved, the Board of Trustees will acquire the option from TNC for $5,400, which represents TNC's costs associated with acquiring the option. The Board of Trustees may then exercise the option and purchase the property. 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 each closing. In the event the commitment for title insurance, to be obtained prior to each closing, reveals any other encumbrances which may affect the value or proposed management of the property, staff will so advise the Board of Trustees.

The survey will be provided by the purchaser. The environmental site assessment will be provided by the seller and the purchaser will reimburse the seller the cost of the assessment, not to exceed $4,000, after closing.

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

This property will be managed by the Florida Game and Fresh Water Fish Commission under a single-use concept as a unit of the Lake Wales Ridge Ecosystems.

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 1-27)

RECOMMEND APPROVAL

Item 5 Dade County Option Agreement/Dade County Archipelago CARL Project

REQUEST: Consideration of an option agreement to acquire approximately 63.79 acres within the Dade County Archipelago CARL project from Dade County (County).

COUNTY: Dade

LOCATION: Section 21, Township 55 South, Range 40 East; Section 10, Township 57 South, Range 38 East; and Section 13, Township 56 South, Range 39 East

Board of Trustees

Agenda - March 25, 1997 Page Seven

Item 5, cont.

CONSIDERATION: $75,513.68 (Board of Trustees' share of County's purchase price $1,698,563.25 less County's share of Board of Trustees previous purchases $1,623,049.57 = $75,513.68)

Appraised By ADJUSTED COUNTY'S TRUSTEES

REVIEW ACRES McKee Whitlock APPROVED PURCHASE SHARE OF OPTION

NO. PARCEL ACQUIRED (12/11/89) (12/29/89) VALUE PRICE * PURCHASE DATE

705001	2	26.07	$2,607,000	$2,411,475	$2,607,000	$3,226,916	$1,303,500
	6ABC	3.25		52,000	52,000	63,353	26,000
	6D	1.00		16,000	16,000	18,008	8,000
	6E	1.25		20,000	20,000	24,228	10,000
	6F-G	2.32		37,120	37,120	46,714	18,560
	6H	1.07		17,120	17,120	21,171	8,560
	6K	3.32		53,120	53,120	59,389	26,560
	6L	3.12		49,920	49,920	58,338	24,960
	6N	1.24		19,840	19,840	21,061	9,920
	6O	1.43		22,880	22,880	23,766	11,440
			Appraised	By
			Cantwell	Gallagher
			(06/01/93)	(03/29/93)
	R3	9.40	$235,000	$244,400	$244,400	$250,334	$122,200
	M1	1.72	43,000	43,860	43,860	42,986	21,493
	M2	1.72	43,000	43,860	43,860	42,986	21,493
	M3	1.72	43,000	43,860	43,860	42,986	21,493
	M4	1.72	43,000	43,860	43,860	42,986	21,493	120 days
	M5-6	3.44	86,000	87,720	87,720	85,788	42,889	after BOT
		63.79			$3,402,560	$4,071,010	$1,698,563	approval

* County's purchase price includes cost of property ($4,001,471) plus its closing costs ($69,539).

Board of Trustees' share of the purchase price equals either 50 percent of the approved value or 50 percent of the County's purchase price, whichever is less.

STAFF REMARKS: The Dade County Archipelago CARL project is ranked number 5 on the CARL Bargain/Shared Project List approved by the Board of Trustees on February 13, 1996, and is eligible for negotiation under the Division of State Lands' Land Acquisition Workplan. This project contains 509 acres, of which 115.17 acres have been acquired. After the Board of Trustees approves this agreement, 330.04 acres or 65 percent of the project will remain to be acquired.

The Dade County Archipelago CARL project was created in 1995 and incorporated two former CARL project areas, previously known as the Tropical Hammocks of the Redlands and the Miami Rockridge Pinelands CARL projects. Between 1990 and 1993, mostly before the County's Environmentally Endangered Lands program funding became available, the Board of Trustees purchased a total of 115.17 acres within the two projects at a total cost of $3,246,099. Consistent with the criteria for the Bargain/Shared Project category, the County was obligated to contribute 50 percent of the purchase price. Since the County had no money at the time, it was agreed that, when its funds became available, it would acquire additional project lands and then the books would be balanced. Between 1993 and 1995, the County contracted with various owners to purchase 77.77 acres for $4,001,471, exclusive of closing costs, with funds from the County's Environmentally Endangered Lands program. Prior to closing, the County obtained surveys that revealed the actual number of acres being acquired was 63.79. The County elected not to adjust the contracted purchase price.

The approved value is based on the adjusted acres acquired by the County. Pursuant to the terms of the multi-party agreement, the Board of Trustees' share is equal to the lesser of 50 percent of the approved value or 50 percent of the purchase price and closing costs paid by the County for each parcel. The $75,513.68 listed as consideration for this item will equalize the purchases made to date by the County and the Board of Trustees. Title to all land acquired

Board of Trustees

Agenda - March 25, 1997 Page Eight

Item 5, cont.

within the project will vest in the Board of Trustees.

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

The County will provide surveys, environmental site assessments and title insurance policies certified to the Board of Trustees prior to closing. The Board of Trustees shall reimburse the County 50 percent of the cost associated with updating each item to bring it into compliance with Division of State Lands' standards. This reimbursement is contingent on the closing of this transaction.

On a limestone ridge east of the Everglades, where Miami and Homestead and surrounding farms now stand, were subtropical pinelands and hardwood hammocks unique in the United States. Now only tiny pieces of these forests remain, the best of which the Dade County Archipelago project will protect. In so doing, the project will conserve habitat for rare animals and dozens of rare plants, many found nowhere else in the world, and will provide areas where residents and visitors can learn about and appreciate what was here before the cities.

This property will be managed by the County as botanical sites with passive recreational usage.

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 1-39)

RECOMMEND APPROVAL

Item 6 Rule Section 18-20.018, F.A.C. Adoption

REQUEST: Consideration of adoption of section 18-20.018, F.A.C., with amendments, which governs standards and criteria for docking facilities in the Lake Weir Aquatic Preserve.

COUNTY: Marion

APPLICANT: Department of Environmental Protection (DEP)

STAFF REMARKS: The DEP, as staff to the Board of Trustees, has initiated rulemaking to establish specific criteria for residential docking facilities in urban and freshwater aquatic preserves. This rulemaking is required in accordance with amendments to section 258.42(1)(b), F.S., which passed in the last legislative session (Section 7, HB 605, Chapter 96-247, Laws of Florida). The law became effective October 1, 1996.

The proposed rule adds a new section 18-20.018, F.A.C., which establishes standards and criteria for docking facilities in the Lake Weir Aquatic Preserve. These standards and criteria were developed in recognition of the freshwater nature, water level, aquatic vegetation characteristics, and historic dock building practices that are unique to Lake Weir. Of significant note, the proposed rule defines the size of terminal structures that may be constructed as part of private, residential single-family docking facilities. The current rule limits terminal platforms to 160 square feet, and does not place a size limitation on covered

Board of Trustees

Agenda - March 25, 1997 Page Nine

Item 6, cont.

boat shelters. The current rule also does not provide a specified limit on the size of lower level platforms to facilitate access to boats or waters. The proposed rule provides that terminal structures may cover up to 500 square feet. The terminal structure may include a 160 square-foot terminal platform, a lower level platform of not more than 40 square feet, and a covered slip equipped with a boat lift. Language also has been added regarding the continued use, maintenance, and restoration of docking facilities that fall into a state of disrepair or are otherwise destroyed. Related rulemaking to address the other freshwater and urban aquatic preserves, as required by the above law, has been noticed and will be adopted separately from the subject rule.

The DEP conducted two public workshops on this rule on November 20, 1996, in Ocala. A Notice of Proposed Rulemaking was published in the Florida Administrative Weekly (F.A.W.) on February 7, 1997. A hearing was held on March 3, 1997, in Ocala to accept final public input on the rule prior to adoption by the Board of Trustees. A report of that hearing is in the backup. The only point of disagreement raised during the hearing was the dock width for private residential single-family docks. The Save Lake Weir Association requested that the dock width be amended to a maximum of five feet from the current and proposed four-foot width. Written comments explaining this request are attached to the hearing report.

On March 4, 1997, the Joint Administrative Procedures Committee (JAPC) provided the DEP with a list of 13 questions and comments regarding the rule notice published on February 7, 1997. Following a meeting with the staff attorney for the JAPC on March 6, 1997, the DEP has proposed the attached recommended staff amendments to proposed rule section 18-20.018, F.A.C. It is staff's understanding that these amendments will resolve JAPC's initial concerns with the rule.

(See Attachment 6, Pages 1-15)

RECOMMEND APPROVAL OF THE ADOPTION OF SECTION 18-20.018, F.A.C., WITH AMENDMENTS.