COUNTY: Duval

APPLICANTS: Scot N. Ackerman and Alexandra D. Ackerman

LOCATION: Section 48, Township 02 South, Range 26 East

CONSIDERATION: $2,282.48, as calculated under the provisions of section 18-21.019, F.A.C.

STAFF REMARKS: The applicant is requesting to purchase lands lost as a result of a collapsed bulkhead. The presence of adjacent bulkheads and secondary wave action have resulted in artificial erosion within the area of the collapsed bulkhead.

The Department of Environmental Protection (DEP) has determined that all of the criteria of section 18-21.019, F.A.C., have been met. These include: proof of ownership; documentation supporting the location of the mean high water line prior to and after artificial erosion; documentation demonstrating the adjacent shoreline is bulkheaded or armored; a legal description showing the quantity of land does not exceed one-half acre; the tax assessed value from the county property appraiser’s records; and a copy of the DEP regulatory permit.

The sale is in the public interest since the deed will contain language reserving lateral public access. Also, the presence of the adjacent bulkheads might cause a continued deterioration of the subject parcel and ultimately affect the adjoining lots. The lands are not located in an aquatic preserve.

A consideration of the status of the local government comprehensive plan was not made for this item. The DEP has determined that the proposed action is not subject to the local government planning process.

(See Attachment 1, Pages 1-17)

COUNTY: Clay

Easement No. 30169

APPLICANT: Clay Electric Cooperative, Inc.

LOCATION: Section 24, Township 04 South, Range 23 East; and Section 19, Township 04 South, Range 24 East

CONSIDERATION: N/A

STAFF REMARKS: On February 9, 1999, the Board of Trustees approved a perpetual, non-exclusive easement to Ms. Elizabeth Wade for access to property she owns within the Jennings

State Forest, and a 50-year non-exclusive easement to Clay Electric Cooperative, Inc., for electrical service to the property. Pursuant to section 704.01(2), F.S., an owner of land cannot be denied access to his/her property and may maintain utility service by means of the nearest practical route over the lands that lie between the landlocked parcel and a nearby public or private road. Although there was no judicial determination that Ms. Wade was entitled to a statutory way of necessity, staff reviewed the matter and determined that it appeared that her property met the criteria for a statutory way of necessity.

Ms. Wade’s attorney subsequently notified staff that the state’s easement requirements were not justifiable under the circumstances, and requested modification of the easement. The Board of Trustees approved the modified access easement on February 9, 1999. Clay Electric Cooperative, Inc., is now requesting modification of its utility easement. It believes that many of the provisions in the state’s standard easement are directed at clearing a new right-of-way whereas, in this instance, the easement area has already been cleared for Ms. Wade’s access easement. Staff proposed using the Division of State Lands’ short-form easement that is used for utility easements that service state facilities. Clay Electric Cooperative, Inc., reviewed the short-form easement and found it acceptable. The easement is perpetual unless the easement area ceases to be used by the utility company.

A consideration of the status of the local government comprehensive plan was not made for this item. The Department of Environmental Protection has determined that the proposed request is not subject to the local government planning process.

(See Attachment 2, Pages 1-21)

COUNTY: Miami-Dade

LOCATION: Sections 05 and 08, Township 54 South, Range 39 East

CONSIDERATION: $3,500,000

STAFF REMARKS: The East Everglades CARL project is ranked number 3 on the Mega/Multiparcels CARL List approved by the Board of Trustees on February 9, 1999, and is funded under the Division of State Lands’ Land Acquisition Workplan. The area known as the East Coast Buffer covers 72,230 acres. Of this, 2,588 acres will be protected by mitigation and 29,646 acres are of a lower priority, including land owned by local governments and acres that may not need to be acquired. Of the remaining 39,996 acres proposed for acquisition, 17,236.49 acres have been acquired. After the Board of Trustees approves this acquisition, 22,456.72 acres or 56 percent of the area will remain to be acquired.

The East Coast Buffer consists of approximately 72,230 acres of marshes, reservoirs, and groundwater recharge areas in Palm Beach, Broward and Dade counties. However, the most

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

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

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

On behalf of the District, The Nature Conservancy has acquired an option agreement to purchase the Keznier Corporation parcel at 100 percent of appraised value. Pursuant to the terms of the acquisition agreement, the District shall be reimbursed for all costs associated with acquiring the property, including pre-acquisition and closing related costs. The Board of Trustees’ purchase price will be 100 percent of the contract price negotiated by the District plus 100 percent of the cost incurred in the purchase of the property. Title to the property acquired will vest in the Board of Trustees.

As provided for in the acquisition agreement, the Governing Board of the District adopted Resolution 99-52 requesting the Board of Trustees’ purchase price for the parcel, reimbursement of 100 percent of its pre-acquisition costs and reimbursement of 100 percent of its closing costs. Authority to approve the reimbursement of the remaining parcels in the resolution was delegated to the DEP by the Board of Trustees on June 22, 1999. Pursuant to the acquisition agreement, the pre-acquisition and closing costs will be reimbursed from CARL incidental expense funds. The District’s resolution contains all of the assurances required by the acquisition agreement.

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

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

(See Attachment 3, Pages 1-65)

COUNTY: Martin

LOCATION: Section 24, Township 39 South, Range 41 East

CONSIDERATION: $300,000 (The Board of Trustees’ 50 percent share of the total purchase price of $600,000, to be adjusted upward or downward at the rate of $2,000 per upland acre, in accordance with the final surveyed acreage)

STAFF REMARKS: The Atlantic Ridge Ecosystem CARL project is ranked number 8 on the CARL Bargain/Shared List approved by the Board of Trustees on February 9, 1999, and qualifies for purchase under the Division of State Lands’ Land Acquisition Workplan. The project contains 12,514 acres, of which 3,448.34 acres have been acquired. After the Board of Trustees approves this agreement, 8,765.66 acres or 70 percent of this project will remain to be acquired.

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

Pursuant to the terms of the acquisition agreement, the District contracted to purchase the Galvin, Harriss and Geddes ownership at 100 percent of the approved value. The District shall

be reimbursed 50 percent of all costs associated with its attempt to acquire lands within the project, including all pre-acquisition and closing related costs. Title to the property acquired will vest jointly in the Board of Trustees and District, with each owning an undivided 50 percent fee simple interest. The Board of Trustees' purchase price will be 50 percent of the contract price negotiated by the District plus 50 percent of the costs incurred in the purchase of the property.

As provided for in the acquisition agreement, on June 10, 1999, the Governing Board of the District adopted Resolution No. 99-45, requesting reimbursement of the Board of Trustees’ share of the purchase price for the Galvin, Harriss and Geddes parcel, reimbursement of 50 percent of its pre-acquisition costs and reimbursement of 50 percent of its closing costs (recording, title insurance policy and survey costs). Pursuant to the acquisition agreement, the pre-acquisition and closing costs will be reimbursed from CARL incidental expense funds. The District’s resolution contains all of the assurances required by the acquisition agreement.

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

The parcel will be managed by the Division of Recreation and Parks as a state park with uses such as picnicking, hiking, fishing, and canoeing.

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 1-37)

COUNTY: Leon

APPLICANT: Florida State University

LOCATION: Section 36, Township 01 North, Range 01 West

CONSIDERATION: $53,000

APPRAISED BY

REVIEW Carlton APPROVED PURCHASE CLOSING

NO. PARCEL ACRES (11/11/98) VALUE PRICE DATE

913001 Stevens/143 0.09 $58,000 $58,000 $53,000 150 days after

BOT approval

Improvements on the Stevens property consist of a 1,215 square-foot single-family residence. This building is very old and will be removed after it is acquired. The long-range plan is to develop the site for student housing, but it will be used for parking in the interim.

All mortgages and liens will be satisfied at the time of the 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.

FSU will provide a survey, a title insurance policy and an environmental site assessment prior to closing.

This parcel will be managed by FSU as a part of the existing campus through a lease to the Florida Board of Regents.

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

(See Attachment 5, Pages 1-30)

COUNTY:  Osceola

APPLICANT: Florida Fish and Wildlife Conservation Commission

LOCATION:  Sections 03, 04, 09 and 10, Township 26 South, Range 29 East

CONSIDERATION:  $4,045,00

APPRAISED BY

REVIEW Goodman Sutte APPROVED PURCHASE OPTION

NO. PARCEL ACRES (03/16/99) (03/16/99) VALUE PRICE DATE_____

912007 TPL 131.59 $4,300,000 $3,600,000 $4,300,000 $4,045,000 120 days after

BOT approval

The Trust for Public Land (TPL) currently holds an exclusive option to acquire this parcel. The TPL will either exercise its option prior to closing or at a simultaneous three-party closing with the state.

The property has been improved with a small frame house, several barns and two docks. The FWCC, the future managing agency, plans to evaluate and review the improvements for their potential use and historical value during the development of the management plan for the island.

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.

Staff requests that the Board of Trustees, pursuant to its authority under section 259.041(1), F.S., waive any portions of chapter 259, F.S., and any applicable rule or policy that may require a survey on this property. It is the opinion of the Bureau of Survey and Mapping that available boundary information is sufficient to reasonably protect the public’s interest.

While this property is being recommended for waiver of survey at this time, should the title commitment and field inspection reveal substantive surveying or surveying related issues which impact 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. The acquiring agency will acquire any special purpose survey work necessary for the effective management of the property.

An environmental site assessment will be provided by the seller prior to closing. The FWCC will reimburse the seller’s cost of the environmental site assessment upon review and approval by the state subsequent to closing.

The acquisition of Cypress Island is an important component of the FWCC’s plan for managing Lake Tohopekaliga. The property is interspersed with cleared pastureland, oak hammocks, cypress swamps and freshwater marsh communities providing important wildlife habitat. Acquisition of the island and its related shoreline parcel will allow for continued periodic drawdowns of the lake, provide additional wildlife habitat, increase public access, and enhance the overall management of the Lake Tohopekaliga Fish Management Area.

The property will be managed by the FWCC as an addition to the Lake Tohopekaliga Fish Management Area for natural resource conservation and resource-based public outdoor recreation within 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 16, Pages 1-48, submitted with the August 12, 1999 agenda)

RECOMMEND APPROVAL

Clarification of when the Board of Trustees’ prohibition regarding mooring of gambling cruise ships "cruises to nowhere" will be incorporated into modifications of existing sovereignty submerged lands leases.

LOCATION: Statewide

STAFF REMARKS: On June 22, 1999, the Board of Trustees made a decision to prohibit gambling ship "cruises to nowhere" from mooring on sovereign submerged lands. In accordance with that decision, Department of Environmental Protection staff drafted the following language, which was incorporated in three sovereignty submerged lands leases (Items 18, 19 and 20) which were approved at the August 12, 1999 Cabinet Meeting, and which will be incorporated into all new leases, renewals, extensions, modifications or assignments, as standard lease condition number 29:

The question arose at the August 12, 1999 Cabinet Meeting as to when to incorporate the standard condition into future lease modifications. Staff will incorporate the standard lease condition into all lease modifications, except those modifications involving: