*******************************************************************************

Item 1              Minutes

Submittal of the Minutes from the September 30, 2003 Cabinet Meeting.

(Attachment 1, Pages 1-8)

RECOMMEND    APPROVAL

********************************************************************************

Item 2              Julington Marina Partnership Recommended Consolidated Intent

WITHDRAWN FROM THE FEBRUARY 27, 2001 AGENDA

REQUEST:  Consideration of an application for a modification of a ten-year sovereignty submerged lands lease to increase the preempted area from 45,505 square feet to 129,355 square feet, more or less, for a proposed expansion of a commercial marina.

COUNTY:            Duval

                        Lease No. 160008532

                        Application No. 16-66310-001-EI

APPLICANT:  Julington Marina Partnership

                          (d/b/a Julington Creek Marina)

LOCATION:   Section 47 and 55, Township 04 South, Range 27 East, in Julington Creek, Class III Waters, within the local jurisdiction of the city of Jacksonville

Aquatic Preserve:  No

Outstanding Florida Waters:  No

Designated Manatee County: Yes, with an approved manatee protection plan

Manatee Aggregation Area:  No

Manatee Protection Speed Zone:  Yes, 450-foot slow speed bridge buffer

CONSIDERATION:  $14,251.11, representing $16,531.57 as the initial lease fee computed at the base rate of $0.1278 per square foot, discounted 30 percent because of the first-come, first-served nature of the facility and including the initial 25 percent surcharge payment for the additional area.  Sales tax will be assessed pursuant to section 212.031, F.S., if applicable.  The lease fee may be adjusted based on six percent of the gross rental income pursuant to section 18-21.011(1)(a)1, F.A.C.

STAFF REMARKS:  In accordance with rules adopted pursuant to section 373.427(2) and 253.77(2), F.S., the attached "Recommended Consolidated Notice" contains a recommendation for issuance of both the permit required under part IV of chapter 373, F.S., and the authorization to use sovereignty submerged lands under chapter 253, F.S.  The Board of Trustees is requested to act on those aspects of the activity which require authorization to use sovereignty submerged lands.  If the Board of Trustees approves the request to use sovereignty submerged lands and the activity also qualifies for a permit, the Department of Environmental Protection (DEP) will issue a "Consolidated Notice of Intent to Issue" that will contain general and specific conditions.  If the Board of Trustees denies the use of sovereignty submerged lands, whether or not the activity qualifies for a permit, DEP will issue a "Consolidated Notice of Denial."

The lessee is proposing to expand an existing 51-slip commercial marina by constructing 51 additional slips, thereby creating a 102-slip facility.  This expansion represents the maximum build-out allowable for this facility, including size and dimensions of structure and lease premises.  The existing sovereignty submerged lands lease, approved by the Board of Trustees on

                        Board of Trustees

                        Agenda – November 25, 2003

                        Page Two

******************************************************************************

Item 2, cont.

March 17, 1992, authorizes the preemption of 45,505 square feet of sovereignty submerged lands and allows one liveaboard for security purposes.  The proposed addition is 83,850 square feet, for a new total preempted area of 129,355 square feet.  The existing marina accommodates both wet and dry mooring and storage for recreational powerboats with typical lengths being 25 to 40 feet and drafts of 3 to 5 feet.  The 51 additional slips are expected to provide mooring for similarly sized vessels.  Due to height limitations of the existing State Road 13 Bridge, mooring of sailboats at the facility is typically not feasible.

A minimum of 90 percent of all slips will continue to be maintained on an open to the public, first-come, first-served basis, and this requirement has been included as a special lease condition.

The existing and proposed structures are located within the 25-foot setback area and a waiver has been obtained from the affected adjacent upland property owners, pursuant to section 18-21.004(3)(d), F.A.C.

The existing marina has a fixed dock with finger piers to form the 51 existing wet slips. Thirty-one of the existing slips are covered, the remaining are uncovered.  The lessee is proposing to cover the 20 uncovered existing wet slips and 45 slips of the proposed 51-wet slip expansion.  In addition, the existing marina includes four accessory docks.  The accessory docks provide temporary mooring for the launching and recovery of vessels stored in an existing 190-unit dry storage building located on the lessee’s uplands, and provides launching for boat sale trial runs.  The facility also provides fueling services from two existing fuel pumps located on the terminal end of the eastern-most accessory dock.

The proposed dock expansion will extend the total dock length into the creek a distance of approximately 758 feet.  The overall creek width is approximately 2,300 feet.  The expanded facility will occupy approximately 33 percent of the overall creek width.  Four adjacent marina docks extend into the creek a distance of approximately 600 to 675 feet or 26 to 29 percent of the creek width.  The lessee’s existing and proposed dock extension is located immediately adjacent to the State Road 13 four-lane bridge crossing of the creek.  The center span of the bridge that is marked with navigational lights is located approximately 362 feet waterward of the end of the proposed dock expansion. 

Julington Creek does not have a defined or designated navigation channel other than the navigational lights marking the center span of the bridge and the point of highest clearance. According to the U.S. Coast Guard records, the clearance at the center span of the bridge is 15 feet. The normal ingress/egress for vessels traveling in the creek is through the lighted center span and the two adjacent spans.  Due to the existing bridge’s alternately, offset pile supports and low clearance, navigation outside the center spans requires caution and slow speeds.  Duval County’s manatee protection plan has designated a 450-foot slow speed zone on either side of the bridge out to the center span. The speed zone requires boats to be completely off plane and proceed with minimum wake. 

DEP’s environmental resource permit authorizes sewage pumpout facilities and does not authorize liveaboards.  Fueling facilities already exist at the marina.  There are no seagrasses or resources at the site. The project was not required to be noticed pursuant to section 253.115, F.S.

Duval County has an approved manatee protection plan (MPP). The Florida Fish and Wildlife Conservation Commission (FFWCC) has stated that the project would be consistent with the MPP, provided its recommendations for manatee protection are included in the permit/lease.

                        Board of Trustees

                        Agenda – November 25, 2003

                        Page Three

******************************************************************************

Item 2, cont.

The recommendations of FFWCC regarding protection of manatees have either been addressed in the permit or included as special lease conditions.  The U. S. Fish and Wildlife Service (FWS) issued a biological opinion on September 17, 2003 regarding the potential effects of the project on the manatee.  FWS determined that the project is not likely to jeopardize the continued existence of the manatee and not likely to adversely modify critical habitat.

A local government comprehensive plan has been adopted for this area pursuant to Section 163.3167, F.S.; however, the Department of Community Affairs (DCA) determined that the plan was not in compliance.  In accordance with the Compliance Agreement between DCA and the local government, an amendment has been adopted which brought the plan into compliance.  The proposed action is consistent with the adopted plan, as amended, according to a letter received from the City of Jacksonville on August 22, 2000.  In addition, DCA commented on October 16, 2003 that they have no interest in monitoring the project.

(See Attachment 2, Pages 1-35)

RECOMMEND APPROVAL SUBJECT TO THE SPECIAL LEASE CONDITIONS AND PAYMENT OF $14,251.11

********************************************************************************

Item 3              The Moorings at Carrabelle Marina Recommended Consolidated Intent

REQUEST:  Consideration of an application for the modification of a ten-year sovereignty submerged lands lease to increase the preempted area from 118,058 square feet to 191,317 square feet, more or less, for a commercial marina.

COUNTY:                        Franklin

                        Lease No.  190003511

                        Application No. 19-0158711-001-DF

APPLICANT:                        The Moorings at Carrabelle Marina

                        (d/b/a The Moorings)

                                   

LOCATION: Section 19, Township 07 South, Range 04 West, in the Carrabelle River, Class III Waters, Prohibited Shellfish Harvesting Waters, within the local jurisdiction of the city of Carrabelle

                        Aquatic Preserve:  No

                        Outstanding Florida Waters:  No

                        Designated Manatee County:  No

                        Manatee Aggregation Area:  No

                        Manatee Protection Speeding Zone:  No

CONSIDERATION: $19,450.57, representing the initial lease fee computed at the base rate of $0.1278 per square foot, discounted 30 percent because of the first-come, first-served nature of the facility, and including the initial 25 percent surcharge payment on the additional square footage.  Sales tax will be assessed pursuant to section 212.031, F.S., if applicable.  The lease fee may be adjusted based on six percent of the annual rental value pursuant to section 18-21.011, F.A.C.

                        Board of Trustees

                        Agenda – November 25, 2003

                        Page Four

******************************************************************************

Item 3, cont.

STAFF REMARKS: In accordance with rules adopted pursuant to sections 373.427(2) and 253.77(2), F.S., this "Recommended Consolidated Notice" contains a recommendation for issuance of both the permit required under part IV of chapter 373, F.S., and the authorization to use sovereignty submerged lands under chapter 253, F.S.  The Board of Trustees is requested to act on those aspects of the activity, which require authorization to use sovereignty submerged lands.  If the Board of Trustees approves the request to use sovereignty submerged lands, and the activity also qualifies for a permit, the Department of Environmental Protection  (DEP) will issue a "Consolidated Notice of Intent to Issue" that will contain general and specific conditions.  If the Board of Trustees denies the use of sovereignty submerged lands, whether or not the activity qualifies for a permit, DEP will issue a "Consolidated Notice of Denial."

The lessee’s existing lease preempts 118,058-square feet of sovereignty submerged lands and includes 115 wetslips.  The lessee is proposing to increase the lease area by an additional 73,259-square feet, and an additional 34 slips, for a total preempted area of 191,317-square feet and a total of 149 wetslips.  The additional docking facility will consist of a 765-foot-long by 12-foot-wide main access dock with a 214-foot-long by 12-foot-wide “T” dock at the terminus.  The main access dock will also contain fifteen 40-foot-long by 3-foot-wide finger piers, and the “T” dock will contain three 40-foot-long by 3-foot-wide finger piers.  The “T” dock will also contain a 118-foot-long by 40-foot-wide slip that will be located on the eastern end.  The proposed expansion will accommodate private recreational vessels ranging from 40 to 60 feet in length.  Plans also include the construction of a 281-foot-long by 12-foot-wide pedestrian access bridge that will connect the existing and proposed marina facilities. The pedestrian access bridge was originally proposed to connect directly to Davis Island; however, the walkway was modified to the current proposal in response to DEP’s concerns regarding secondary and cumulative impacts associated with possible future development of the island.  The walkway will be located within 6 feet of Davis Island immediately adjacent to the Highway 98 bridge, but from the proposed main access dock, this distance increases to over 100 feet at the eastern extent of Davis Island.      

The expansion area is located across a branch of the river channel from the existing marina.  The lessee’s upland property contains a vehicular parking lot with approximately 50 parking spaces, RV parking, a boat ramp, and a bait and tackle store.  The existing marina also contains fueling, sewage pumpout and liveaboards, so no additional fueling facilities, sewage pumpout or liveaboards are proposed at the additional facility.  Ninety percent of all the slips will continue to be maintained on an open to the public on a first-come, first-serve basis.  This requirement has been included as a special lease condition.

The additional docking structures will extend parallel to the northern shore of Davis Island, a small, privately-owned island located in the middle of the Carrabelle River.   Two 80-foot-long by 4-foot-wide fishing piers will be constructed parallel to the pedestrian access bridge.   One of the fishing piers will extend south from the northern shore of the existing upland marina and the other pier will extend north from the southwest corner of the proposed main access dock. 

The project site is located on the Carrabelle River across from Timber Island.  The lessee owns all of Davis Island, which is located in the center of the Carrabelle River.  The island is bisected by a vehicular bridge and contains a 3.88-acre portion on the western side and a 3.41-acre portion on the eastern side.  The western portion of the island is used as a dredge spoil site, while the eastern portion has a small lagoon surrounded by an oyster bar.  The historical channel is located north of the island between the existing and proposed portions of the marina.  This area has depths of -11 to -15 feet mean low water (MLW) east of the bridge and -8 to -11 feet MLW west of the bridge.  The historic channel has sufficient water depths to

                        Board of Trustees

                        Agenda – November 25, 2003

                        Page Five

******************************************************************************

Item 3, cont.

accommodate most of the local recreational fishing and commercial fishing vessels and is used primarily by boats docking at the existing marina. 

The federal navigation channel has been relocated to the eastern and southern side of the island and has water depths of approximately –18 MLW.  The federal channel is the only portion of the river that has sufficient water depths to accommodate commercial and barge traffic.  Due to the location of the island, the lessee is unable to expand the existing marina by adding additional structures to the current dock without blocking access to the northern channel of the river.  The Carrabelle River is 281 feet wide between mean high water lines (MHWL) of the existing and proposed facilities.  Due to resource concerns and water depths adjacent to the island, the proposed main access dock will be located approximately midway between the mainland and the island.  The dock is designed to allow mooring perpendicular to the mean high water line with the eastern end of the proposed slip area located approximately 78 feet west of the federal channel. 

In order to provide access to the expansion area from the mainland, a pedestrian bridge is proposed.  The proposed pedestrian access bridge will run parallel to the existing Florida Department of Transportation (FDOT) vehicular bridge and will be located at the eastern edge of the bridge right-of-way.  The project has been designed so that both the existing FDOT vehicular bridge and the proposed pedestrian bridge have a height of 19 feet above MHWL.  The proposed pedestrian access bridge has been designed so that a 65-foot-wide opening in the bridge is maintained underneath the highest point of the vehicular bridge.  This configuration will allow the navigable portion of the vehicular bridge and the navigable portion of the pedestrian access bridge to correspond, thus allowing vessels to continue to traverse the river.  In order to provide the general public with access to the river, the lessee is proposing to construct two fishing piers.  These two fishing piers will extend approximately 28 percent of the waterbody at the narrowest point of the river, which will leave approximately 141 feet of open water between the two fishing piers for navigation.  The U. S. Army Corps of Engineers (ACOE), the U.S. Coast Guard, and the Florida Fish and Wildlife Conservation Commission (FFWCC) have stated no objection to the project from a navigational standpoint.  The lessee has no objection to the usage of this area by the general public who may wish to fish, swim, navigate, and/or recreate between the existing and proposed portions of the marina or to navigate under the proposed pedestrian access bridge.  A special lease condition has been added requiring the lessee to place signs in several locations stating that the area is available for public usage.

The lessee submitted a request to the Department of Community Affairs (DCA) in 1997 for a Binding Letter of Interpretation for a Development of Regional Impact (DRI).  DCA comments received on July 10, 2000, expressed concerns that the proposed project will (1) impact wetlands, (2) reduce the water quality in St. George Sound and the Carrabelle River, and (3) limit access by the public to the river.  The island is zoned for commercial usage and was originally proposed for development.  In response to these concerns, the lessee has offered the following:  (1) the pedestrian access bridge was modified to stop 6 feet waterward of the northern shore of Davis Island with an 8-foot-high chain link fence to prevent all access to the island; (2) in regards to the water quality impacts, the island is located more than a mile north of St. George Sound, and the existing marina was awarded the Clean Marina designation on August 11, 2003; and the Department of Agriculture and Consumer Services, Shellfish Environmental Assessment Section, stated no objection to the project in a letter dated August 20, 2003; and DEP’s Engineering Evaluation Section indicated on June 21, 2001 that the project would meet the flushing requirements of four days and a reduction to 10 percent of the initial concentration criteria, as a result, the proposed expansion is not expected to significantly impact water quality in St. George Sound or the Carrabelle River; and (3) in order to provide

                        Board of Trustees

                        Agenda – November 25, 2003

                        Page Six

******************************************************************************

Item 3, cont.

for additional public access to the Carrabelle River, the lessee has included the construction of two public fishing piers to the original project request. DCA issued a clearance letter on October 31, 2003 stating that the proposed project is approximately 12 percent of the multi-use threshold for a DRI and therefore is presumed not to be a DRI.

According to FFWCC, Bureau of Protected Species Management, the proposed project will not significantly affect the endangered manatee so long as the lessee follows the standard manatee construction conditions for all in-water construction.  This has been included as a specific condition in the wetland resource permit and was also included as a special lease condition.  DEP’s wetland resource permit prohibits liveaboards, and fueling facilities in the proposed expansion area.  A special lease condition has been included that requires the slip occupants to use the sewage pumpout facilities provided on the uplands at the existing marina facility.

This project was not required to be noticed pursuant to section 253.115,(5)(i), F.S., as it is a lease modification.  The proposed project is located within the 25-foot riparian setback on the western side of the proposed project, and a waiver has been obtained from FDOT.

A local government comprehensive plan has been adopted for this area pursuant to section 163.3167, F.S.; however, the DCA determined that the plan was not in compliance.  In accordance with the compliance agreement between DCA and the local government, an amendment has been adopted which brought the plan into compliance.  The proposed action is consistent with the adopted plan according to a letter received from the city of Carrabelle on July 23, 1999.

(See Attachment 3, Pages 1-29)

RECOMMEND APPROVAL SUBJECT TO THE SPECIAL LEASE CONDITIONS AND PAYMENT OF $19,450.57

********************************************************************************

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

REQUEST:  Consideration of the acceptance of an assignment of an option agreement to acquire the 13,268-acre Crooked River parcel within the St. Joe Timberland Florida Forever project from The Nature Conservancy Charitable Trust.

COUNTY:  Franklin

LOCATION:  Sections 07 through 09, 14 through 23 and 26 through 31, Township 06 South, Range 03 West; Sections 27 and 33 through 36, Township 06 South, Range 04 West; Section 06, Township 07 South, Range 03 West; and Sections 01 through 04 and 08 through 10, Township 07 South, Range 04 West

                        Board of Trustees

                        Agenda – November 25, 2003

                        Page Seven

******************************************************************************

Item 4, cont.

CONSIDERATION:  $14,575,388 ($14,475,388 for the acquisition; and $100,000 for the purchase of the option agreement *)

                                          APPRAISED BY                        SELLER’S                       TRUSTEES’

                          Arline             Candler                     APPROVED       PURCHASE                      PURCHASE                     OPTION

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

St. Joe          13,268             $15,345,000  $14,020,000                         $15,245,000**             ***                                $14,575,388****                        12/10/03

                                                                                         (96%)       

*  The $6,800,000 sales price of the Timber Island parcel will offset the purchase price of the subject property.

**  Approved value has been revised due to a reduction in the acreage.   

***  Property was purchased in numerous transactions.

****  $1,099 per acre.

STAFF REMARKS:  The St. Joe Timberland project is an “A” group project on the Florida Forever Full Fee Project List approved by the Board of Trustees on August 26, 2003.  The project contains 145,871 acres, of which 68,212 acres have been acquired or are under agreement to be acquired.  After the Board of Trustees approves this agreement, 64,391 acres, or 44 percent of the project, will remain to be acquired.

Pursuant to a multi-party acquisition agreement entered into between the Department of Environmental Protections’ (DEP) Division of State Lands (DSL) and The Nature Conservancy (TNC), TNC has acquired an option to purchase this 13,268-acre parcel from St. Joe Timberland Company of Delaware L.L.C. (St. Joe Company).  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 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.  In no event will the Board of Trustees’ purchase price exceed the approved value.

On November 12, 2003, the Board of Trustees approved the sale of a 48.93-acre state-owned parcel on Timber Island in Carrabelle, Florida, to St. Joe Company.  The closing on the Timber Island parcel and the closing on the subject property will occur simultaneously, and the $6,800,000 sales price of the Timber Island parcel will offset the purchase price of the subject property. 

All mortgages and liens will be satisfied at the time of closing.  There are two outstanding oil, gas, and mineral reservations.  One is in favor of the United States of America and occupies approximately 40 acres.  The second one is in favor of Laura Marsh Kimball and is only a one half interest of the oil, gas, and mineral royalties within approximately 330 acres.  The appraisers have assumed, due to the age of these reservations, that they have been extinguished and therefore have no affect on value.  There is a 99-year tower, house, and telephone site lease between Gulf Coast Properties, Inc., and the State of Florida for use by the Department of Agriculture and Consumer Services, Division of Forestry (DOF).  There is an easement in favor of the Florida Power Corporation that covers a 20-foot-wide strip of land lying adjacent to County Road 67.  The lease and easement were considered by the appraisers in their final reconciliation of value.  DOF, the future managing agency, has determined that the property can be managed with the outstanding oil, gas and mineral reservations, lease and easements in place.  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.  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.

                        Board of Trustees

                        Agenda – November 25, 2003

                        Page Eight

******************************************************************************

Item 4, cont.

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

St. Joe Company is one of the largest landowners in Florida.  Public acquisition of the St. Joe Timberland project will help to preserve large undeveloped tracts of land for native plants and animals and give the public an opportunity to experience large natural areas throughout north Florida.

This property will be managed by DOF as an addition to Tates Hell State Forest.

This acquisition is consistent with section 187.201(9), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan.

(See Attachment 4, Pages 1-29)

RECOMMEND APPROVAL

********************************************************************************

Item 5                      BOT/Florida Rock Industries, Inc. Exchange/Easement

REQUEST:  Consideration of (1) an exchange agreement under which the Board of Trustees will convey 238.70 acres of state-owned land for 202.50 acres owned by Florida Rock Industries, Inc.; and (2) a 99-year easement to Florida Rock Industries, Inc., for the construction and maintenance of a transportation corridor for rock materials.

COUNTY:  Miami-Dade

APPLICANT:  Florida Rock Industries, Inc. (Florida Rock)

LOCATION:  Sections 09, 15, 20, 22 and 23, Township 53 South, Range 39 East

CONSIDERATION:  (1) Parcel 1 for Parcel 2 and cash payment of $1,101,000; and (2) $12,300 per annum with the easement value adjusted every 10 years by a state certified appraiser.

                          APPRAISED BY

                           Sutte                     Parker                 APPROVED     EXCHANGE         CLOSING

PARCEL                  ACRES                  (10/14/03)           (10/12/03)        VALUE          VALUE                 DATE       

(1) FL Rock                   202.50                  $2,025,000                  $1,145,000                  $2,025,000                   $1,289, 000    90 days after

(2) BOT                  238.70                  $2,390,000                  $2,387,000                  $2,390,000                   $2,390,000                  BOT approval

                                      APPRAISED BY

                           Johnston                     APPROVED ANNUAL

PARCEL                  ACRES                  (06/30/03)                  EASEMENT VALUE

FL Rock                  19.65                  $12,300                  $12,300

Easement

STAFF REMARKS:  The Department of Environmental Protection, Division of State Lands received a request from Florida Rock to exchange 12 parcels totaling 238.70 acres (Parcel 2) owned by the Board of Trustees for 7 parcels totaling 202.50 acres (Parcel 1) owned by Florida Rock.  Also, Florida Rock is requesting a 99-year easement encompassing 19.65 acres to serve as a logistical corridor to transport raw materials to a future processing facility.

All of the parcels involved in the proposed exchange are currently vacant, and are within the boundaries of the Miami-Dade County Lake Belt Area established by section 373.4149, F.S.  In 1992, the Florida Legislature created the Miami-Dade County Lake Belt Implementation Committee (Committee), which was directed by the Legislature to develop a plan for the Lake