Cabinet Affairs

AGENDA

BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND

JANUARY 23, 1996

Item 1 Minutes

Submittal of the minutes of the November 7 and November 29, 1995 Cabinet meeting.

RECOMMEND ACCEPTANCE

Item 2 Orange County Purchase Agreement/Preservation 2000 Rails-to-Trails Program/West
Orange Greenway

REQUEST: Consideration of (1) a purchase agreement to acquire 18.20 acres of abandoned
railroad corridor from Orange County, under the Preservation 2000 Rails-To-Trails program and
(2) release of $418,636.44 from the Preservation 2000 Bond Trust Fund for this acquisition.

COUNTY: Orange

APPLICANT: Office of Greenways and Trails

CONSIDERATION: $418,636.44 ($403,400.00 for the purchase of the property and up to
$15,236.44 for reimbursement of survey costs.)

Parcel Acres Appraised by Approved Purchase Closing
Bullard 11/10/91 Value Price Date
19.24(1) $571,400.00 $563,249.00(2) (3)$403,400.00 03/30/96
106 2.64 $ 63,360.00 $ 52,000.00
109C 2.30 $ 57,500.00 $ 55,000.00
109D 2.61 $ 68,000.00 $ 31,400.00
109K 0.77 $ 48,524.00 $ 15,000.00
109L 1.29 $ 44,430.00 $ 23,000.00
109M 0.91 $ 32,545.00 $ 20,000.00
118 2.01 $ 87,512.00 $ 82,000.00
121 0.55 $ 19,000.00 $ 15,000.00
123 1.94 $ 48,450.00 $ 30,000.00
126 3.18 $ 93,928.00 $ 80,000.00
18.20

(1) Original appraised acreage.

(2) Staff, along with outside legal counsel have determined that there are no title deficiencies
that would require an adjustment to the statutory maximum value.

(3) The size of the actual purchased parcel differs from the size of the parcel originally
appraised. The statutory maximum value was adjusted consistent with the appraised unit value to
reflect the purchased acreage.

STAFF REMARKS: The Rails-To-Trails program was created by a resolution of the Governor
and Cabinet, on March 4, 1986, and enacted into law by the Florida Legislature in 1987. The
purpose of the program is to acquire and develop abandoned railroad right-of-way corridors for
public recreational trail use.

Pursuant to a multi-party acquisition agreement entered into between the Office of Greenways and
Trails and Orange County, Orange County has purchased the parcels identified above for sale to the
State. These parcels will serve as a continuation of the West Orange Greenway.

Board of Trustees
Agenda - January 23, 1996
Page Two

Item 2, cont.

This acquisition is the sixth negotiated acquisition under the Rails-To-Trails program and the fourth
acquired by this agency under the Florida Preservation 2000 program. The acquisition consists of
segments of abandoned rail corridor. This is the second acquisition from Orange County for this
project. The first acquisition consisted of 10 parcels totaling 26.34 acres. Certified surveys and
environmental site assessments have been prepared for each parcel. The purchaser will reimburse
Orange County up to $15,236.44 for approved survey costs.

This acquisition is consistent with Section 260.015, F.S., and the property will be leased to and
managed by Orange County as an extension to the existing West Orange Greenway Trail.

(See Attachment 2, Pages 1-42)

RECOMMEND APPROVAL

Item 3 Chapter 18-14 Section .004, F.A.C Rule Repeal

REQUEST: Consideration of a request to enter into rulemaking to repeal rule section 18-14.004,
F.A.C., which governs the applicability of chapter 18-14.

APPLICANT: Division of Environmental Resource Permitting

LOCATION: Statewide

STAFF REMARKS: By Executive Order 95-74, Governor Chiles directed each state agency to
recommend rules that should be repealed because such rules are obsolete; are unnecessary for
organization or procedure; merely track statutory language; are required by statute even though the
agency does not need the rule to implement the legislative direction; were adopted pursuant to
section 120.535, F.S.; or are unnecessary.

Rule section 18-14.004, F.A.C., states that an activity conducted on state lands that is authorized
and conducted according to a management plan, easement, consent of use, license, or lease
approved by the Board of Trustees or an authorized agent of the Board of Trustees, shall not be
considered in violation of chapter 253, F.S., or chapter 18-14, F.A.C., and that the entity
conducting the authorized activity cannot be fined pursuant to chapter 18-14, F.A.C.

The department has identified rule section 18-14.004, F.A.C., as unnecessary. Subsection
253.04(2), F.S., authorizes, but does not require, the Board of Trustees to impose a fine against a
person or an agent who has been found to have willfully damaged state lands, willfully damaged or
removed products thereof, willfully violated the provisions of chapter 253, F.S., or failed to
comply with an order of the Board of Trustees. Section 18-14.004, F.A.C., merely provides
"comfort language" that is not needed in the day-to-day administration of the rule. Department
staff would not, as a matter of policy, impose an administrative fine against an activity that was
authorized and conducted in accordance with a management plan, easement, consent of use,
license, or lease approved by the Board of Trustees or an authorized agent of the Board of Trustees.
However, this would not preclude the department from pursuing other appropriate enforcement
action if the activity were not in accordance with other authorizations required by the department
(e.g., an environmental resource permit).

Board of Trustees
Agenda - January 23, 1996
Page Three

Item 3, cont.

If the proposed repeal of this rule section is approved by the Board of Trustees, the department will
publish a Notice of Proposed Repeal in the Florida Administrative Weekly.

(See Attachment 3, Page 1)

RECOMMEND APPROVAL

Item 4 Chapter 18-18 Sections .003, .010, .015, .017, F.A.C. Rule Repeals/Chapter 18-18
Section .014, F.A.C. Rule Amendment

REQUEST: Consideration of a request to enter into rulemaking to repeal rule sections 18-18.003,
18-18.010, 18-18.015, and 18-18.017, F.A.C., governing the Biscayne Bay Aquatic Preserve,
which, respectively, govern the scope of this chapter, gifts of lands, public hearings, and the
application form for activities in waters of the state; and to amend rule section 18-18.014, F.A.C.,
governing application procedures.

APPLICANT: Division of Environmental Resource Permitting

LOCATION: Statewide

Rule section 18-18.003, governing the scope of this chapter, is obsolete and unnecessary since the
merger of the former Departments of Environmental Regulation (DER) and Natural Resources
(DNR), as it requires coordination between those former departments. With the linkage of the
proprietary and regulatory processes, which became effective on October 12, 1995 (per section 18-
21.00401, F.A.C.), neither the proprietary authorization nor the regulatory permit can be issued
without the other.

Rule section 18-18.010, governing gifts of lands or interests in lands, is unnecessary because it
repeats section 258.397(3)(e)3, F.S., which grants the Board of Trustees the discretion to accept or
reject a proposed gift of lands.

Rule section 18-18.015, regarding public hearings, is an overly precise and unnecessary procedural
rule. Requirements and procedures for the Board of Trustees to hold public hearings are in section
253.115, F.S., and therefore do not need to be repeated in a rule. In addition, the rule references
section 258.165, F.S., which has been repealed.

Rule section 18-18.017, regarding an application form, is an obsolete rule. The department has
developed and adopted a joint application form which is used for activities that require both a
regulatory permit and a proprietary authorization to use sovereignty, submerged lands. However,
if this section is repealed, the department also would need to amend section 18-18.014, F.A.C.
(which references an application form), by providing a reference to the actual form to be used and
to correct outdated references to the former Department of Environmental Regulation.

Board of Trustees
Agenda - January 23, 1996
Page Four

Item 4, cont.

Rule section 18-18.014, regarding application procedures, is being amended to reflect the merger of
the former Departments of Environmental Regulation and Natural Resources. References to the
former DER rule, chapter 17, F.A.C., and the former DNR rule, section 18-18.016, F.A.C., are
being deleted. The application forms, the Joint Application for Environmental Resource Permit
(Part IV, Chapter 373, F.S.)/Authorization to use State Owned Submerged Lands/Federal Dredge
and Fill Permit and the Joint Application for Works in the Waters of Florida for grandfathered
activities are cited as the applications to be used. The department developed and adopted a joint
application form which is used for activities that require both a regulatory permit and a proprietary
authorization to use state lands. Furthermore, the concurrent repeal of section 18-18.017,
Application Form, makes it necessary to amend section 18-18.014 to reference the application
forms.

If the proposed repeal and amendment of these rule sections is approved by the Board of Trustees,
the department will publish a Notice of Proposed Repeal in the Florida Administrative Weekly.

(See Attachment 4, Pages 1-8)

RECOMMEND APPROVAL

Item 5 Chapter 18-20 Sections .011, .014, .016, F.A.C. Rule Repeals

REQUEST: Consideration of a request to enter into rulemaking to repeal rule sections 18-20.011,
18-20.014, and 18-20.016, F.A.C., which, respectively, govern gifts of lands or interests in lands
within or contiguous to an aquatic preserve, enforcement of these rules pursuant to section 258.46,
F.S., and coordination with other governmental agencies.

APPLICANT: Division of Environmental Resource Permitting

LOCATION: Statewide

Rule section 18-20.011, F.A.C., governing gifts of lands or interests in lands, is unnecessary
because it repeats section 258.42, F.S., which allows for the sale, lease, or transfer of lands,
provided it is in the public interest.

Rule section 18-20.014, F.A.C., regarding enforcement, is unnecessary because it only references
section 258.46, F.S., the Board of Trustees' authorizing enforcement statute.

Rule section 18-20.016, F.A.C., regarding coordination with other governmental agencies, is
obsolete since the former Departments of Environmental Regulation and Natural Resources are
merged. With the linkage of the proprietary and regulatory processes, which became effective on
October 12, 1995 (per section 18-21.00401, F.A.C.), neither the proprietary authorization nor the
regulatory permit can be issued without the other.

Board of Trustees
Agenda - January 23, 1996
Page Five

Item 5, cont.

If the proposed repeal of these rule sections is approved by the Board of Trustees, the department
will
publish a Notice of Proposed Repeal in the Florida Administrative Weekly.

(See Attachment 5, Page 1)

RECOMMEND APPROVAL

Item 6 Chapter 18-21 Sections .006, .0081, F.A.C. Rule Repeals

REQUEST: Consideration of a request to enter into rulemaking to repeal rule sections 18-21.006
and 18-21.0081, F.A.C., which, respectively, govern coordination of permit applications with the
former Department of Environmental Regulation and applications for the grandfathering of
structures.

APPLICANT: Division of Environmental Resource Permitting

LOCATION: Statewide

Rule section 18-21.006, F.A.C., regarding application information, is obsolete because of the
merger of the former Departments of Environmental Regulation and Natural Resources. It
provides for the exchange of permit application information between those former departments.
With the linkage of the proprietary and regulatory processes, which became effective on October
12, 1995 (per section 18-21.00401, F.A.C.), neither the proprietary authorization nor the
regulatory permit can be issued without the other.

Rule section 18-21.0081, F.A.C., governing applications for the grandfathering of structures, is no
longer necessary because the grandfather registration program has ended.

If the proposed repeal of these rule sections is approved by the Board of Trustees, the department
will publish a Notice of Proposed Repeal in the Florida Administrative Weekly.

(See Attachment 6, Pages 1-2)

RECOMMEND APPROVAL

Item 7 Chapters 18-5, 18-10, and 18-11, F.A.C., Rule Repeals

REQUEST: Authority to repeal Chapter 18-5, F.A.C.; Chapter 18-10, F.A.C.; and
Chapter 18-11, F.A.C.

APPLICANT: Division of State Lands

Board of Trustees
Agenda - January 23, 1996
Page Six

Item 7, cont.

STAFF REMARKS: By Executive Order 95-74, Governor Chiles directed each state agency to
identify rules that should be repealed because such rules are obsolete; are unnecessary for
organization or procedure; merely track statutory language; are required by statute even though the
agency does not need the rule to implement the legislative direction; were adopted pursuant to
section 120.535, F.S.; or are unnecessary.

Each of these rules either tracks statutory language or can be accomplished through the issuance of
internal procedures.

A Notice of Proposed Repeal was published on these rules in the Administrative Weekly on
October 27, 1995. No requests for public hearing were received.

(See Attachment 7, Pages 1-13)

RECOMMEND APPROVAL

Item 8 Board of Trustees of the Internal Improvement Trust Fund v. Sunland Estates, et
al./Inocente Chang's Estate Settlement Agreement

REQUEST: Consideration of a partial settlement in the case of Board of Trustees of the Internal
Improvement Trust Fund v. Sunland Estates, et al.

COUNTY: Monroe

CONSIDERATION: $29,000

STAFF REMARKS: Suit was commenced in 1992 against several defendants to quiet title to
unpermitted filled sovereignty submerged lands within the JHT Subdivision which is located in
Monroe County, and which is also located within the boundaries of the North Key Largo CARL
project. This proposed settlement will result in a partial settlement of that lawsuit.

Inocente Chang was the record owner of lots 16, 17 and 18 in the JHT subdivision. Mr. Chang
had constructed a residence on his property that straddles lots 17 and 18. It is the Board of
Trustees= position in the pending litigation that certain portions of the JHT subdivision were illegally
filled and that title to these illegally filled lands still vests with the Board of Trustees. It is the
staffs= position that some portion of the three lots owned by Chang were illegally filled. Mr. Chang
died in 1995.

Recognizing that it is not the policy of the Board of Turstees to acquire improved residential
properties within the North Key Largo CARL project except under special conditions and further
recognizing that it is not the policy of the Board of Trustees to pursue quiet title actions against
improved residential properties, staff has negotiated a Settlement with Mr. Chang=s estate under
which the State will acquire title to lot 16 and Chang=s estate will obtain clear title to lots 17 and 18.
The State will pay Chang=s estate $29,000 for lot 16 which is the value determined by an appraisal
of the property obtained in September 18, 1992. Lot 16 is unimproved. The Board of Trustees
will issue a quit claim deed to Chang=s estate for lots 17 and 18 on which the house sits.

While this settlement will resolve all issues involving lots 16, 17 and 18, the litigation involving the
other portions of the JHT subdivision that the staff believes were illegally filled will continue.

Board of Trustees
Agenda - January 23, 1996
Page Seven

Item 8, cont.

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

(See Attachment 8, Pages 1-12)

RECOMMEND APPROVAL

Item 9 Dirk Patriarca Trust/Dack Patriarca Trust Quitclaim Deed

REQUEST: Issuance of a quitclaim deed to permit the reclamation of a 0.0313 acre parcel (1,363
square feet) of land lost as a result of artificial erosion and avulsion.

COUNTY: Broward

APPLICANT: Dirk Patriarca Trust/Dack Patriarca Trust

LOCATION: Portions of Government Lots 1 and 5, Section 20, Township 48 South, Range 43
East

CONSIDERATION: $40,890 (Tax assessed value of $30 per square foot times 1,363 square
feet.)

STAFF REMARKS: The applicant is requesting to purchase lands lost as a result of artificial
erosion and avulsion. This lot was once protected by a seawall which has since fallen. The
unprotected shoreline has been eroding because of boat traffic on the Intracoastal Waterway (the
Hillsboro River). The adjacent property owners both have seawalls which are intensifying the
damage to the applicants property. The erosion to the shoreline also threatens State Road A-1-A
right-of-way.

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

(See Attachment 9, Pages 1-12)

RECOMMEND APPROVAL

Item 10 Department of Agriculture and Consumer Services/Division of
Forestry/Southern Timbers Partners I, Ltd. Purchase Agreement

REQUEST: Consideration of a purchase agreement to acquire 1,289 acres by the Department of
Agriculture and Consumer Services, Division of Forestry under the Preservation 2000 program
from Southern Timber Partners I, Ltd.

COUNTY: Santa Rosa

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

Board of Trustees
Agenda - January 23, 1996
Page Eight

Item 10, cont.

LOCATION: Sections 12, 13, and 24, Township 03 North, Range 27 West

CONSIDERATION: $1,212,000

APPRAISED BY
REVIEW PARCEL KETCHAM MARTIN APPROVED PURCHASE
CLOSING
NO. NAME ACRES (09/12/94) (08/25/94) VALUE PRICE DATE 601013
Hutton 1,289 $1,212,100 $1,290,000 $1,290,000 $1,212,000 4 months after 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. Preliminary title information has
indicated outstanding oil, gas and mineral interests encumber the subject property. This mineral
interest is fractionalized and not feasible for the seller to reassemble the outstanding interest. The
Bureau of Geology has been consulted and does not believe the site has valuable non-fuel resources.
In the case of fuel resources, oil wells drilled in the vicinity of this site were capped because they
were dry holes. The closest producing oil well is approximately 12 miles away. The Bureau of
Appraisal has reviewed this information and has determined that there is no affect on the market
value of this property as a result of the outstanding oil, gas and mineral interests. The DOF has
reviewed this situation on this parcel and has determined that the property can be effectively
managed subject to the outstanding mineral interest.

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. DOF shall
reimburse the seller for the cost of the title insurance commitment and policy upon closing.

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

Once acquired, this property will be managed by the Department of Agriculture and Consumer
Services, Division of Forestry as part of the Blackwater River State Forest. This parcel is adjacent
to the Blackwater River 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 10, Pages 1-24)

RECOMMEND APPROVAL

Item 11 Department of Agriculture and Consumer Services/Division of
Forestry/Margaret Knight Purchase Agreement

REQUEST: Consideration of a purchase agreement to acquire 119.3 acres by the Department of
Agriculture and Consumer Services, Division of Forestry under the Preservation 2000 program
from Margaret Knight.

Board of Trustees
Agenda - January 23, 1996
Page Nine

Item 11, cont.

COUNTY: Levy

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

LOCATION: Section 08, Township 16 South, Range 17 East, and
Section 26, Township 15 South, Range 17 East

CONSIDERATION: $94,000

APPRAISED BY
REVIEW PARCEL SCHLEMMER APPROVED PURCHASE CLOSING
NO. NAME ACRES (07/06/95) VALUE PRICE DATE
601014 A 39.3 $99,200 $ 99,200 $68,000 120 days after
B 80.0 $29,847 $ 29,847 $26,000 BOT approval
119.3 $129,047 $94,000

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. Preliminary title information has
indicated an outstanding one-half interest in oil, gas and minerals encumbering a 40 acre portion of
the subject property. This mineral interest is highly fractionalized and not feasible for the Seller to
reassemble the outstanding interest. Since the Goethe State Forest has the same type of outstanding
interests, DOF has determined that the property can be effectively managed subject to the
outstanding mineral interest.

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

Once acquired, this property will be managed by the Department of Agriculture and Consumer
Services, Division of Forestry as part of the Goethe State Forest. These parcels are adjacent to the
Goethe 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 11, Pages 1-24)

RECOMMEND APPROVAL

Item 12 Department of Agriculture and Consumer Services/Division of Forestry/Gerald E.
Friend Purchase Agreement

REQUEST: Consideration of a purchase agreement to acquire 25.08 acres by the Department of
Agriculture and Consumer Services, Division of Forestry under the Preservation 2000

Board of Trustees
Agenda - January 23, 1996
Page Ten

Item 12, cont.

program from Gerald E. Friend, as trustee of the Gerald E. Friend Inter Vivos Trust dated January
19, 1993.

COUNTY: Hernando

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

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

CONSIDERATION: $109,200

APPRAISED BY
REVIEW PARCEL CATLETT APPROVED PURCHASE CLOSING
NO. NAME ACRES (05/10/95) VALUE PRICE DATE
601015 Friend 25.08 $120,000 $120,000 $109,200 120 days 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.

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

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 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 12, Pages 1-27)

RECOMMEND APPROVAL

Item 13 Game and Fresh Water Fish Commission/Stone Container Corporation
Purchase Agreement

REQUEST: Consideration of a purchase agreement to acquire 5,400 acres by the Game and Fresh
Water Fish Commission under the Preservation 2000 program from the Stone Container
Corporation.

COUNTY: Franklin

Board of Trustees
Agenda - January 23, 1996
Page Eleven

Item 13, cont.

APPLICANT: Game and Fresh Water Fish Commission

LOCATION: Sections 12 and 14 Township 08 South, Range 07 West

CONSIDERATION: $5,500,000

APPRAISED BY
REVIEW Miller Rogers APPROVED PURCHASE OPTION
NO. ACRES (04/26/95) (04/26/95) VALUE PRICE DATE
601016 5,400 $6,885,000 $6,737,400 $6,885,000 $5,500,000 120 days after BOT approval or 30 days after receipt of survey, whichever is later

STAFF REMARKS: The Apalachicola Project is ranked number 1 on the current Game and
Fresh Water Fish Commission (GFC) acquisition list and was negotiated by the GFC 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 prior to closing, reveals any other encumbrances which may affect the
value of the property, staff will so advise the Board of Trustees prior to closing.

A survey will be provided by the GFC prior to closing. An environmental site assessment will be
provided by seller with the GFC reimbursing the seller for the actual reasonable cost of the
environmental site assessment.

This property is an irregularly shaped tract of approximately 5,400 acres, situated along the north
shore of East Bay in southwestern Franklin County. A portion of its southern boundary is
contiguous with the Apalachicola River Wildlife and Environmental Area and a portion of its
northern boundary joins the Tate's Hell Wildlife Management Area.

The Stone Container Tract is characterized by expansive flatwoods areas interspersed with swamps,
bayheads, and scattered scrub. Most of the flatwoods and some of the wetland areas have been
placed in pine production. Substantial areas along the bay, bayous, and creeks still exist as
undisturbed natural hammocks, marshes and scrub. Approximately 4.5 miles of meandering
frontage extends along the marshes of East Bay and Whiskey George Creek.

The Stone Container Tract is part of the Apalachicola Wildlife and Environmental Area. Wildlife
resources are those generally representative of the Apalachicola River/Tate's Hell complex.
Migratory birds frequent the wetland areas. Deer, squirrel, turkey and wood duck are among the
game species found on the tract. Portions of the area also constitute a Strategic Habitat
Conservation Area for black bear and swallow-tailed kite. Other rare species recorded in the area
include bald eagle, osprey, yellow-crowned night-heron, lease bittern, and alligator snapping turtle.

This property will be managed by the Game and Fresh Water Fish Commission as an addition to
the Apalachicola Wildlife and Environmental Area.

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

(See Attachment 13, Pages 1-26)

RECOMMEND APPROVAL

Board of Trustees
Agenda - January 23, 1996
Page Twelve

Item 14 Florida Public Utilities Company Option Agreement/Florida First Magnitude
Springs (Blue Springs) CARL Project

REQUEST: Consideration of an option agreement to acquire approximately 231 acres within the
Florida First Magnitude Springs (Blue Springs) CARL Project from Florida Public Utilities
Company.

COUNTY: Jackson

LOCATION: Section 13, Township 04 North, Range 10 West and
Section 33, Township 05 North, Range 09 West

CONSIDERATION: $970,500

APPRAISED BY
REVIEW PARCEL Ketchem Butler APPROVED PURCHASE OPTION
NO. NO. ACRES (11/03/94) (11/05/94) VALUE PRICE DATE
601007 1 21 $ 88,200 $ 88,200 02/29/96
2 210 $1,100,000 $1,155,000 $1,155,000 ________
231 $1,243,200 $970,500

STAFF REMARKS: The Florida First Magnitude Springs (Blue Springs) CARL project is ranked
number 14 on the Priority CARL 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
Blue Springs portion of the project contains 280 acres, of which this is the first acquisition. After
the Board of Trustees approves this agreement, 49 acres or 18 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.

Florida has approximately thirty 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 thirty
springs by acquiring land around or near the headwaters.

Large springs of clear, continuously flowing water are among Florida=s most famous and important
natural and recreational resources. The cavernous, water-filled rocks of the Floridan Aquifer
supply the largest springs. By preserving land around eight of the largest (first-magnitude) springs,
this project will protect the springs and the Floridan Aquifer from the effects of commercial,
residential, and agricultural runoff: clearcutting and mining, and unsupervised recreation. This
project will ensure that Floridians and visitors from all over the world will be able to enjoy the
springs for years to come.

Blue Spring, at the head of Merritt=s Mill Pond, is actually a group of submerged springs. The
CARL purchase at Blue Springs will allow the public to continue to swim, boat, fish, and enjoy
nature; protect the water quality of the springs and the pond; and preserve unique limestone bluffs,
which are habitat for several kinds of rare plants.

This property will be managed by Jackson County as a recreational facility.

Board of Trustees
Agenda - January 23, 1996
Page Thirteen

Item 14, 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 14, Pages 1-28)

RECOMMEND APPROVAL

Item 15 Annemarie Parker Henley Option Agreement/Florida First Magnitude Springs
(Weeki Wachee) CARL Project

REQUEST: Consideration of an option agreement to acquire approximately 0.344 acres within
the Florida First Magnitude Springs (Weeki Wachee) CARL Project from Annemarie Parker
Henley.

COUNTY: Hernando

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

CONSIDERATION: $22,500

APPRAISED BY
REVIEW Dohring APPROVED PURCHASE OPTION
NO. ACRES (05/18/95) VALUE PRICE DATE
601008 0.344 $30,000 $30,000 $22,500 06/30/96

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 582.91 acres have been acquired or are under agreement to be acquired. After the Board of
Trustees approves this agreement, 683.40 acres or 53.9 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 prior to
closing.

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 Board of Trustees
Agenda - January 23, 1996
Page Fourteen

Item 15, cont.

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 15, Pages 1-17)

RECOMMEND APPROVAL

Item 16 Roberts/Brennan Option Agreement/Crystal River Area of the Florida Springs
Coastal Greenway CARL Project

REQUEST: Consideration of an option agreement to acquire 37.03 acres within the Crystal River
Area of the Florida Springs Coastal Greenway CARL project from Anne C. Roberts, A.H. Roberts
and Carol R. Brennan.

COUNTY: Citrus

LOCATION: Section 13, Township 18 South, Range 16 East

CONSIDERATION: $325,000

APPRAISED BY
REVIEW Schafer Dohring APPROVED PURCHASE OPTION
NO. SELLER ACRES (05/19/95) (05/19/95) VALUE PRICE DATE
601011 Roberts 37.03 $315,000 $340,000 $340,000 $325,000 05/30/96

STAFF REMARKS: The Florida Springs Coastal Greenway CARL project is ranked number 2
on the CARL Substantially Complete 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.
This project contains 40,262 acres, of which 27,647.51 acres have been acquired or are under
agreement to be acquired. After the Board of Trustees approves this agreement, 12,577.46 acres or
31 percent 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, staff will so advise the Board of Trustees prior to closing.

A certified survey and environmental audit will be provided by the purchaser prior to closing.
The purchaser shall reimburse cost of title insurance contingent on sale of the property.

The Crystal River project provides protection of a major winter refuge for the endangered West
Indian manatee and is a prime nesting location for bald eagles and ospreys. Natural communities
within the project area include floodplain marsh, freshwater tidal swamp, tidal marsh and upland
hammock. The project area also includes an impressive array of archaeological remains. On this
specific parcel there are three identified aboriginal mounds. The Crystal River area was a major
trade center for prehistoric people as early as 500 B.C.

Board of Trustees
Agenda - January 23, 1996
Page Fifteen

Item 16, cont.

The primary objective of the Florida Springs Coastal Greenway CARL project is to preserve the
marine ecosystems of Crystal Bay, St. Martins Marsh Aquatic Preserve, and Chassahowitzka Bay
by preserving the natural biological communities of the Citrus and Hernando County coasts.
Achieving this objective will provide a refuge for rare animals, particularly the manatee, protect
several important archaeological sites, extend a corridor of public land north from the
Chassahowitzka National Wildlife Refuge, and give the public a large area for natural-resource-
based recreation.

This property will be managed as an addition to the Crystal River St. Martins Marsh Buffer Aquatic
Preserve by the Division of Marine Resources, Department of Environmental Protection.

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 1-32)

RECOMMEND APPROVAL

Item 17 Koran Purchase Agreement/Crystal River Area of the Florida Springs Coastal
Greenway CARL Project

REQUEST: Consideration of a purchase agreement to acquire 3.19 acres within the Crystal River
Area of the Florida Springs Coastal Greenway CARL project from John J. Koran, Jr. and Mary
Lou Koran.

COUNTY: Citrus

LOCATION: Section 12, Township 17 South, Range 15 East

CONSIDERATION: $58,000

APPRAISED BY
REVIEW Schafer APPROVED PURCHASE PURCHASE
NO. SELLER ACRES (05/19/95) VALUE PRICE DATE
601001 Koran 3.19 $65,000 $65,000 $58,000 80 days after BOT
Approval

STAFF REMARKS: The Florida Springs Coastal Greenway CARL project is ranked number 2
on the CARL Substantially Complete 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.
This project contains 40,262 acres, of which 27,684.54 acres have been acquired or are under
agreement to be acquired. After the Board of Trustees approves this agreement, 12,574.27 acres or
31 percent 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, staff will so advise the Board of Trustees prior to closing.

A certified survey and environmental audit will be provided by the purchaser prior to closing.

The Crystal River project provides protection of a major winter refuge for the endangered West
Indian manatee, and is a prime nesting location for bald eagles and ospreys. Natural

Board of Trustees
Agenda - January 23, 1996
Page Sixteen

Item 17, cont.

communities within the project area include floodplain marsh, freshwater tidal swamp, tidal marsh
and upland hammock. The project area represents a significant part of the headwaters of the
Crystal River. Areas more inland contain some examples of prairie hammock. Upland areas of the
project contain some quality examples of hydric hammock and mixed upland forest. However,
silvicultural management/pine plantations occur on higher elevations of the project, which has
impacted the overall biodiversity of the project. The project is known to harbor at least 1 FNAI-
listed animal species. Crystal River and Bay, which this project would buffer, are also known to be
of particular importance to the federally endangered West Indian Manatee.

This property will be managed as an addition to the Crystal River St. Martins Marsh Buffer Aquatic
Preserve by the Division of Marine Resources, Department of Environmental Protection.

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 17, Pages 1-22)

RECOMMEND APPROVAL

Item 18 Lane Option Agreement/Big Talbot of Recretaion and Parks Additions and
Inholdings Project

REQUEST: Consideration of an option agreement to acquire 3.71-acres within the Big Talbot
Division of Recreation and Parks Additions and Inholdings project from Charles M. Lane and
Helen M. Lane.

COUNTY: Duval

LOCATION: Section 42, Township 01 South, Range 29 East

CONSIDERATION: $108,000

APPRAISED BY
REVIEW Rogers APPROVED PURCHASE OPTION
NO. SELLER ACRES (11/09/92) VALUE PRICE DATE
601012 Lane 3.71 $115,000 $115,000 $108,000 04//30/96

STAFF REMARKS: The Big Talbot project is ranked number 3 on the Recreation and Parks
Additions and Inholdings list. This agreement was negotiated by the Division of State Lands on
behalf of the Division of Recreation and Parks under the Additions and Inholdings Preservation
2000 program.

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 certified survey and environmental site assessment will be provided by the purchaser prior to
closing.

This property will be managed as an addition to Big Talbot Island State Park by the Division of
Recreation and Parks.
Board of Trustees
Agenda - January 23, 1996
Page Seventeen

Item 18, 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 18, Pages 1-21)

RECOMMEND APPROVAL

Item 19 Lambutis/Dixon/Langman/Hugus Purchase Agreement / Homosassa
Reserve/Wlaker Property Area of the Florida Springs Coastal Greenway
CARL Project

REQUEST: Consideration of four purchase agreements to acquire 2.82 acres within the
Homosassa Reserve/Walker Property Area of the Florida Springs Coastal Greenway CARL project
from four separate owners.

COUNTY: Citrus

LOCATION: Section 33, Township 19 South, Range 17 East

CONSIDERATION: $19,900

APPRAISED BY
REVIEW Hupp APPROVED PURCHASE CLOSING
NO. SELLER ACRES (07/03/93) VALUE PRICE DATE
601002 Lambutis .96 $11,500 $11,500 $11,500 180 days after approval
601003 Dixon .74 $ 4,400 $ 4,400 $ 4,400 120 days after approval
601004 Langman .95 $ 3,000 $ 3,000 $ 3,000 120 days after
approval
601005 Hugus .17 $ 1,000 $ 1,000 $ 1,000 120 days after approval
2.82 $19,900 $19,900

STAFF REMARKS: The Florida Springs Coastal Greenway CARL project is ranked number 2
on the CARL Substantially Complete 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.
This project contains 40,262 acres, of which 27,687.73 acres have been acquired or are under
agreement to be acquired. After the Board of Trustees approves these agreements, 12,571.45 acres
or 31% percent of the project will remain to be negotiated.

Certified surveys and environmental site assessments will be provided by the purchaser prior to
closing.

One of the most important aspects of the Homosassa Reserve/Walker property is its geographic
position between other protected conservation lands and its consequent value as an ecosystem
corridor. Acquisition of this property will fill a gap between the Chassahowitzka National Wildlife
Refuge, The Chassahowitzka State Wildlife Management Area, the Crystal River State Reserve, the
St. Martins River CARL project, the Homosassa Springs State Wildlife Park, and the St. Martins
Marsh Aquatic Preserve. Waters in the adjacent Chassahowitzka Bay and St. Martins Marsh
Aquatic Preserve are designated Outstanding Florida Waters, and acquisition of this property will
help protect these resources from possible adverse effects of private land uses.

Board of Trustees
Agenda - January 23, 1996
Page Eighteen

Item 19, cont.

This property will be managed as an addition to the state forest and wildlife management area with
the Division of Forestry of the Department of Agriculture and Consumer Services as the lead
management agency and the Florida Game and Fresh Water Fish Commission as a cooperating
manager.

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

(See Attachment 19, Pages 1-20)

RECOMMEND APPROVAL

Item 20 David A. Gallman Trust Purchase Agreement/Rookery Bay CARL Project

REQUEST: Consideration of a purchase agreement to acquire 2.71 acres within the Rookery Bay
CARL project from the David A. Gallman Trust.

COUNTY: Collier

LOCATION: Section 14, Township 51 South, Range 25 East

CONSIDERATION: Up to $42,000

APPRAISED BY
REVIEW (Bowen) APPROVED PURCHASE CLOSING
NO. SELLER ACRES (07/01/92) VALUE PRICE DATE
601006 Gallman 2.71 $40,000 $40,000 $40,000 06/12/96

STAFF REMARKS: The Rookery Bay CARL project is ranked number 8 on the CARL Priority
Project List approved by the Board of Trustees on February 14, 1995 and is eligible for purchase
under the Division of State Lands Land Acquisition Workplan. This project contains 10,853 acres,
of which 4,149.16 acres have been acquired or are under agreement to be acquired. After the
Board of Trustees approves this agreement, 6,701.13 acres or 61.74 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 commitments for
title insurance, to be obtained prior to closing, reveal 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 purchase agreement contains an adjustment clause allowing
adjustment of the final purchase price downward to $38,000 or upward to $42,000 based on the
final survey acreage.

A certified survey and environmental site assessment will be provided by the purchaser prior to
closing.

Rookery Bay is an outstanding subtropical estuary in the fastest growing part of Florida. Its
mangroves shelter important nesting colonies of water birds, and feed and protect aquatic animals.
The Rookery Bay CARL project will protect the bay's water quality and its native plants and
animals and will provide recreational opportunities to the people of Southwest Florida. The project
will also further coastal ecosystem research and environmental education.

This property will be managed as part of the Rookery Bay National Estuarine Research Reserve
Board of Trustees
Agenda - January 23, 1996
Page Nineteen

Item 20, cont.

under the authority of the Division of Marine Resources of the Department of Environmental
Protection.

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 20, Pages 1-22)

RECOMMEND APPROVAL

Item 21 Alice W. Lockmiller Option Agreement/Green Swamp CARL Project

REQUEST: Consideration of (1) an option agreement to acquire 59.40 acres within the Green
Swamp CARL Project from Alice W. Lockmiller; and (2) a request for survey waiver.

COUNTY: Lake

LOCATION: Sections 16, Township 24 South, Range 26 East

CONSIDERATION: $27,000

APPRAISED BY
REVIEW ROPER APPROVED PURCHASE OPTION
NO. ACRES (06/30/94) VALUE PRICE DATE
601009 19.40 $ 9,000 $ 9,000 $ 9,000 04/30/96
40.00 18,000 18,000 18,000
59.40 $27,000 $27,000

STAFF REMARKS: The Green Swamp CARL project is number 18 on the CARL Priority
Projects 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. This project contains
approximately 213,000 acres, of which 5,381.7 acres have been acquired or are under agreement to
be acquired. After the Board of Trustees approves this agreement, approximately 207,558.9 acres
or 97.45 percent 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.

A waiver of the requirement for a survey of this parcel is being requested pursuant to section 18-
1.005, Florida Administrative Code, because, in the opinion of the Bureau of Survey and Mapping,
the benefit of a survey of this parcel would be outweighed by the cost and time involved in
obtaining the survey.

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

The mosaic of cypress swamps, pine forests, and pastures known as the Green Swamp is a vital
part of the water supply of central Florida. It gives rise to four major river systems: the
Withlacoochee, Oklawaha, Hillsborough, and Peace. Because it has the highest groundwater
elevation in the peninsula, is important for maintaining the Floridan Aquifer. By preserving the
mosaic of land use in this region, the Green Swamp CARL project will protect

Board of Trustees
Agenda - January 23, 1996
Page Twenty

Item 21, cont.

the Floridan Aquifer and the several rivers; preserve a large area for wildlife; and provide areas for
public recreation in the rapidly growing region between Tampa and Orlando.

This property will be managed as a wildlife management area by the Game and Fresh Water Fish
Commission.

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 21, Pages 1-25)

RECOMMEND APPROVAL

Item 22 Michaels Option Agreement/"Save Our Everglades" CARL Project

REQUEST: Consideration of (1) an option agreement to acquire 350.4 acres within the "Save Our
Everglades" CARL project from John and Virginia Michaels; and (2) a request for survey waiver.

COUNTY: Collier

LOCATION: Sections 04 and 09, Township 52 South, Range 28 East

CONSIDERATION: $179,000

APPRAISED BY
REVIEW (Bowen) APPROVED PURCHASE OPTION
NO. ACRES (11/02/93) VALUE PRICE DATE
601010 350.4 $181,000 $181,000 $179,000 04/30/96

STAFF REMARKS: The "Save Our Everglades" CARL project is ranked number 4 on the
CARL Mega-Multiparcels Priority List approved by the Board of Trustees on February 14, 1995,
and is eligible for purchase under the Division of State Lands Land Acquisition Work Plan. This
project contains 202,347 acres, of which 155,629 acres have been acquired or are under agreement
to be acquired. After the Board of Trustees approves this agreement, 46,718 acres or 23.1 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 provided by the purchaser, 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.

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

This property will be managed by the Division of Forestry as part of the Picayune Strand State
Forest.

Board of Trustees
Agenda - January 23, 1996
Page Twenty-One

Item 22, cont.

The life of the Everglades system, the largest freshwater marsh and swamp complex in the United
States, depends upon shallow sheets of water that flow from the Lake Okeechobee area. The "Save
Our Everglades" project will protect and restore this life-giving flow in three areas in the western
part of the system, including the last stronghold of the Florida panther as well as the headwaters of
the largest tropical

strand swamp in the country, the Fakahatchee Strand. The project will also help to protect the rich
mangrove swamps and estuaries of the Ten Thousand Islands downstream.

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 22, Pages 1-14)

RECOMMEND APPROVAL

Item 23 St. Joe Paper Company Purchase Agreement/Topsail Hill Consent Final
Judgement Amendment/Deer Lake Division of Recreations and Parks
Additions and Inholdings Project

REQUEST: Consideration of (1) a request to amend the Topsail Hill Consent Final Judgement to
acquire 172.3 acres in the Deer Lake Division of Recreation and Parks Additions and Inholdings
project from the St. Joe Paper Company.

COUNTY: Walton

APPLICANT: Division of Recreation and Parks

LOCATION: Section 32, Township 02 South, Range 20 West; Section 05, Township 03 South,
Range 20 West; Section 31, Township 02 South, Range 20 West; Section 06, Township 03 South,
Range 20 West; Sections 25 and 36, Township 02 South, Range 20 West; Section 35, Township 02
South, Range 21 West.

CONSIDERATION: $13,705,681

APPRAISED BY
REVIEW Chandler Weigel PURCHASE CLOSING
N0. ACRES ( / / ) ( / / ) PRICE DATE
601017 172.3 $ $ $13,705,681 60 days after
entry of amended
order

STAFF REMARKS: The Deer Lake project is on the Recreation and Parks Additions and
Inholdings list and will be acquired under the Additions and Inholdings Preservation 2000 program.

The Topsail Hill Project has been ranked among the top three projects on the CARL Priority List
for four years. On December 15, 1992 and July 26, 1994, the Board of Trustees authorized the
department to exercise the power of eminent domain to acquire the remaining essential parcels
which it had been unable to acquire through voluntary negotiations. One of the parcels was
subsequently acquired in lieu of condemnation. The largest of the remaining parcels is owned by St.
Joe Paper Company (St. Joe) and contains 599 acres. St. Joe also owns
Board of Trustees
Agenda - January 23, 1996
Page Twenty-Two

Item 23, cont.

substantially more acreage in south Walton County, some of which is included in the Point
Washington CARL Project and some of which is not included on any acquisition list.

During court-ordered mediation for the Topsail Hill condemnation, St. Joe requested that the
eminent domain proceeding be used to conclude all State acquisition of its land holdings in the area.
St. Joe was willing to negotiate a settlement to the eminent domain proceeding involving its
Topsail property, but only on the condition that the State identify and purchase all other St. Joe
property it wanted at the same time.

The ensuing discussion focused on the Deer Lake site. The entire St. Joe ownership at Deer Lake
encompasses 1006.4 acres, formerly a CARL project and presently part of the Point Washington
CARL project. Negotiations resulted in an agreement to include an additional 172.3 acres located
approximately 11 miles east of Topsail that surrounds Deer Lake. The subject parcel extends south
from County Road 30-A to the Gulf of Mexico.

On December 5, 1995, Thomas T. Remington, Circuit Court Judge, signed a Consent Final
Judgment for the St. Joe Paper Company ownership in the Topsail Hill CARL project. Payment
for the Topsail Hill property must be made on or before February 2, 1996. Contained within the
Consent Final Judgement for Topsail Hill is a provision giving the Department of Environmental
Protection, on behalf of the Board of Trustees, the option to acquire 172.3 additional acres of St.
Joe Paper Company property at Deer Lake for $13,705,681. The Department of Environmental
Protection, on behalf of the Board of Trustees has until February 2, 1996, to elect to amend the
court judgement to include the Deer Lake property in the eminent domain acquisition. The
purchase price negotiated during the eminent domain process was based on the preliminary values
reported by the appraisers, prior to actual appraisals being completed. The completed appraisals
revealed that the value of the property was slightly less than anticipated. However, staff still
recommends purchase of the property. If the Board of Trustees approve this item, the due date for
payment for both properties will be extended an additional sixty days. This will result in an
estimated interest savings of $724,932 on the Topsail property.

Since this acquisition is a result of the court ordered mediation, it is not necessary to follow the
voluntary acquisition procedures contained in Section 259.041, F.S. The only variance from these
procedures is in the area of appraisal. The appraisers utilized for the Deer Lake appraisals are on
the Division of State Lands= list of approved appraisers and also performed the appraisals for use in
the eminent domain procedures for Topsail Hill. The appraisers prepared an estimate of just
compensation - a figure that includes compensation for damages to the remainder larger parcel. In
as much as the appraisals were not prepared to the Division of State Lands= standards normally used
for voluntary acquisitions, the review of the appraisals was limited to verification of the accuracy of
numerical calculations. The methodology and techniques used in the appraisals were appropriate
for the appraisal assignment.

The real estate closing will be accomplished through an amendment to the Consent Final Judgment
as opposed to a normal real estate closing. While the title will be acquired through the final
judgment, a review of title and environmental matters has been performed. In addition, while a
field survey with monumentation has not been completed, sufficient survey work has been done to
establish areas for appraisal purposes and to certify the legal description for acquisition purposes.

The Division of Recreation and Parks currently manages 1,748 acres just north of CR 30-A for
which the proposed acquisition would provide a beach component. The proposed acquisition will
also protect a high quality, pristine dune lake system. The Deer Lake parcel, like Topsail Hill,
includes some of the best examples of the natural ecosystems of the panhandle coast. Deer Lake
itself is a high-quality coastal dune lake. It is surrounded by beach dunes, oak and sand-
Board of Trustees
Agenda - January 23, 1996
Page Twenty-Three

Item 23, cont.

pine scrub, pine flatwoods, and wetlands. The parcel gives the extremely rare Choctawhatchee
beach mouse a fourth area of refuge, and also shelters several rare plants such as Godfrey=s golden
aster and large-leaved jointweed.

The property will be managed as a satellite addition to the Grayton Beach State Recreation Area by
the Division of Recreation and Parks.

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 23, Pages 1-41)

RECOMMEND APPROVAL

Item 24 Sykes View Homeowners Association, and Gene R. Smith vs. Department of
Environmental Protection, f/k/a Department of Natural Resources Final Order

REQUEST: Consideration of a Final Order in Sykes View Homeowners Association, and
Gene R. Smith vs. Department of Environmental Protection, f/k/a Department of Natural
Resources, denying an after-the-fact consent of use for a constructed dock that does not comply
with aquatic preserve rules.

COUNTY: Brevard

APPLICANTS: Gene R. Smith (now the Estate of Gene R. Smith), and Sykes View Homeowners
Association (unincorporated)

LOCATION: A residential dock constructed on sovereign submerged lands extending from Tract
A, Sykes View Estates, into Sykes Creek in the Banana River Aquatic Preserve; extending 220 feet
waterward of the apparent shoreline and 5 feet in width; in Section 24, Township 24 South, Range
36 East, Brevard County, within the local jurisdiction of the City of Merritt Island.

STAFF REMARKS: The proposed Final Order confirms the Findings of Fact made by the
DOAH Hearing Officer, but changes some Conclusions of Law, and rejects the Hearing Officer=s
recommendation that the Trustees waive the requirements of Rule 18-20.004, F.A.C., in order to
grant an after-the-fact consent of use for the non-conforming structure within the Banana River
Aquatic Preserve.

In November, 1989, Petitioners began construction of a private dock over sovereign submerged
land in Sykes Creek, located within the Banana River Aquatic Preserve. The structure was
permitted by the Department of Environmental Regulation, but Petitioners had failed to obtain
consent from the Board of Trustees. Staff of the former Department of Natural Resources met with
Petitioners on December 5, 1989, and the process for obtaining an after-the-fact permit began,
culminating in a notice of denial issued in October, 1990. The denial was based upon the fact that
the dock, as built, substantially exceeds the length and width parameters applicable to docks in
aquatic preserves. A copy of an aerial photograph of the dock, taken from one of the exhibits
introduced at the hearing, is attached as exhibit B to the Final Order.

Following an extended period during which the parties attempted to resolve the matter, an
administrative hearing was held on February 9 and 10, 1995. The Hearing Officer found:

Board of Trustees
Agenda - January 23, 1996
Page Twenty-Four

Item 24, cont.

(1) that the Petitioners were required to obtain an after-the-fact consent or authorization
to occupy and use sovereign submerged lands;
(2) that the Petitioners did not obtain agency consent or authorization to occupy and use
sovereign submerged lands;
(3) that the Petitioners are not entitled to consent or authorization to occupy and use
sovereign submerged lands after-the-fact; but
(4) if by waiver a consent will issue, certain terms and conditions should apply or be
imposed incident to granting after-the-fact authorization to occupy and use sovereign submerged
lands.

The hearing officer concluded that the dock, as built, substantially exceeds the size criteria for
docks in aquatic preserves, and Athe facts and law do not support an argument that the agency is
now estopped from requiring the dock be removed or substantially altered@ (Conclusion of Law
41), but ultimately recommended that the agency waive the rule requirements anyway. The
Department disagrees with the Hearing Officer=s ultimate conclusion to waive the aquatic preserve
rule requirements to allow the dock to be authorized as built, but would agree to authorize a portion
of the structure if it can or will be modified in length and width, and meet other appropriate
conditions under existing aquatic preserve rules, as explained in the attached Final Order. If
Petitioners are unwilling to modify the structure to meet these requirements, the structure should be
removed from the sovereign submerged lands.

Although the Secretary of the department has been delegated the authority to grant consent of use
for certain activities on sovereign submerged land, that delegation is rather narrowly drawn, and the
hearing officer=s recommendation exceeds the size parameters delegated to the Department.
Therefore, the Hearing Officer=s Recommended Order is being submitted for consideration to the
Board of Trustees. Staff recommends that the Hearing Officers= recommendation be rejected.
Should the Board of Trustees elect to waive the provisions of Rule 18-20.004, F.A.C., a revised
Final Order shall be drafted adopting the Hearing Officer=s Recommended Order, and incorporating
any additional findings made, and requirements imposed by the Board of Trustees.

(See Attachment 24, Pages 1-38)

RECOMMEND APPROVAL

Item 25 A Policy on the Use of Natural Resource Lands by Linear Facilities

REQUEST: Consideration of a policy on the use of natural resource lands by linear facilities.

COUNTY: Statewide

APPLICANT: Department of Environmental Protection

STAFF REMARKS: With the establishment of the new Department of Environmental Protection
the serious work of examining previously established policies and practices of the predecessor
agencies began. One of the significant issues which required review was the effects and
implications of crossing state-owned lands for transportation or transmission purposes. The State of
Florida currently has multiple policy positions which impact the use of state-owned land for linear
facility corridors. The current policies include the pipeline and transmission siting act
implementation procedures and the incompatible land use policy adopted by the Board of
Board of Trustees
Agenda - January 23, 1996
Page Twenty-Five

Trustees. A task force of environmental, industry and department representatives was formed in
June of 1994 to examine this complex area and determine if changes were required. The task force
met on twelve occasions and reached concensus.

The attached policy will assist in better protecting the environment and in improving management
practices on state-owned lands related to impacts caused by linear facilities. The policy will also
clarify the position of the Board of Trustees regarding linear facilities in a way that will assist the
proposers of such facilities to avoid the costs associated with the development of proposals which
would ultimately be rejected by the Board of Trustees. Further, by adopting a clear policy the
Board of Trustees will provide an opportunity so that proposers who carefully adhere to the policy
will be able to receive more timely and positive responses for their project proposals.

(See Attachment 25, Pages 1-4)

RECOMMEND APPROVAL

Item 26 Florida Mitigation Trust Corporation (Lake Okeechobee Mitigation
Bank)/Sovereignty, Submerged Lands Use Request

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.

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 Trustees for use of state lands through the donation of 7
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 dredging and
filling activities.

The use of this land for a mitigation bank would not be consistent with the department's policy
regarding the use of state lands for mitigation banking for the following reasons:

(1) The department's adopted policy provides that a mitigation bank should be
considered on state-owned land only if there is no alternative mechanism available,
now or in the foreseeable future, to accomplish the proposed restoration.
Board of Trustees
Agenda - January 23, 1996
Page Twenty-Six

Item 26, cont.

(Policy Number 4.a.) Because the department and the South Florida Water
Management District have an ongoing melaleuca removal project on sovereign lands
in Lake Okeechobee and its rim canal for which funding is available, this site is not
appropriate for the applicant to use to earn mitigation credit.

@ The eradication of melaleuca at this site is well under way. This project
is ahead of schedule, with 20,000 acres of melaleuca already treated.
Only 1,200 acres of dense monoculture and less than one-third of the
outliers remain to be treated.

@ During the course of this project, those implementing the melaleuca
removal have found aerial spraying of dense stands to be an
environmentally sound method that is relatively quick and inexpensive.
Large stands can be aerially sprayed for approximately $300 per acre.

@ Previously infested areas already sprayed with herbicide are developing
an understory of mostly desirable wetland vegetation.

@ Because melaleuca can reinvade quickly while any seed source remains,
it is imperative that this work continue without delay. The applicant's
phased approach for melaleuca removal at the proposed mitigation bank
may result in a slower rate of melaleuca removal than the existing
agency effort.

@ The current level of funding for the project (approximately $500,000
remaining) is sufficient to accomplish aerial spraying of the remaining
melaleuca.

(2) This area is not acceptable for a regionally significant mitigation project or as a
mitigation bank site because the water level of Lake Okeechobee is subject to
hydrologic reengineering by the U.S. Army Corps of Engineers. Implementation of
the Everglades Restoration Plan will occur without regard for any mitigation that
may exist on the lake and may result in the site being deeply flooded. Therefore,
long-term viability of the site as a wetland cannot be ensured. (Policy Number 5.)

(3) Mechanical removal, as proposed for the mitigation bank, is not compatible with the
department's Bureau of Aquatic Plant Management's recommendations for exotic
removal. The methods proposed are considered destructive to the substrate and
ground cover and, therefore, not compatible with land management objectives.
(Policy Number 4.e.)

(4) Neither the department nor any other state agency has designated a site manager to
oversee present or future work, which is a necessary prerequisite for any restoration
or mitigation project conducted on state lands. (Policy Number 4.c.)

(5) The department encourages the establishment of mitigation banks on state lands
within regional watersheds where there is significant development pressure. This is
to ensure that mitigation banks will be established in the areas where mitigation will
be needed. There is no significant development pressure expected within the
proposed mitigation bank's regional watershed or adjacent regional watersheds.
(Policy Number 11.c.)

Board of Trustees
Agenda - January 23, 1996
Page Twenty-Seven

Item 26, cont.

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.

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 Board of
Trustees 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 Board of Trustees. This
rule became effective on October 12, 1995. Because of the new rule, this recommendation is being
brought before the Board of Trustees for consideration.

If, instead of denying the request, the Board of Trustees conceptually approves the site for use as a
mitigation bank, then a Request for Proposals is required to be developed for the site pursuant to
the department's policy (Number 10). The applicant will be eligible to respond to the request. The
chosen candidate would complete an application for use of sovereignty, submerged lands and staff
would return to the Board of Trustees for final consideration. Additionally, consideration by the
affected counties of the compatibility of the request with the respective comprehensive plans would
be required.

(See Attachment 26, Pages 1-6)

RECOMMEND DENIAL

Item 27 Eugene M. Steffan (d/b/a Palm Grove Marina), Lease Modification

12/12/95 RECONSIDERED ITEM AND DEFERRED TO THE 1/23/96 CABINET
MEETING.

11/29/95 APPROVED ADMINISTRATIVE FINE OF $17,500 AND DEFERRED LEASE
MODIFICATION TO THE 1/23/96 CABINET MEETING.

10/24/95 DEFERRED TO THE 11/29/95 CABINET MEETING.

REQUEST: (1) Consideration of an application for a modification of a five-year sovereignty,
submerged land lease to contain 85,682 square feet, more or less, for an expansion of a commercial
marina; and (2) reconsideration of an administrative fine.

COUNTY: Lee
Lease No. 360706835
Application No. 360019035

APPLICANT: Eugene M. Steffan
(d/b/a Palm Grove Marina, Inc.)

LOCATION: Section 19, Township 46 South, Range 24 East, in Matanzas Pass, Class II Waters,
within the local jurisdiction of Lee County.
Aquatic Preserve: No
Outstanding Florida Waters: No

Board of Trustees
Agenda - January 23, 1996
Page Twenty-Eight

Item 27, cont.

CONSIDERATION: $19,216.78 representing (1) $6,716.78 as the initial lease fee computed at
the base rate of $0.1038 per square foot, discounted 30 percent because of the first-come, first-
served nature of the facility, and including the initial 25 percent surcharge for the additional area;
and (2) $12,500 as an administrative fine. Sales tax will be assessed pursuant to section 212.031,
F.S., if applicable. The lease fee may be adjusted based on seven percent of the rental rate
pursuant to section 18-21.011, F.A.C.

STAFF REMARKS: The applicant is requesting after-the-fact authorization for a one-slip
expansion of an existing 78-slip commercial marina, presently used in conjunction with the upland
commercial marina facility, thereby creating a 79-slip facility. The marina, until recently, provided
mooring area outside the authorized lease area for a cruise ship. The 165-foot long, 350-passenger,
SeaKruz vessel is operated by Europa Cruises Corporation and transports passengers to beyond the
state's territorial limits for gambling excursions. While this vessel no longer moors at this marina,
the applicant wishes to lease the mooring area for future use.

The existing sovereignty, submerged land lease, approved by the Board of Trustees on March 6,
1984, and modified in 1989, authorizes the preemption of 66,756 square feet of sovereignty lands.
The proposed expansion area contains 18,926 square feet of sovereignty lands.

In November 1991, staff became aware of the lessee's intent to moor a cruise ship at the marina via
a local newspaper article and staff subsequently formally notified the lessee by letter dated
November 12, 1991, that authorization from the Board of Trustees would be required to moor the
cruise ship outside of the current authorized lease area. A December 5, 1991, site inspection
confirmed that the cruise ship was mooring at the marina outside of the approved lease area. On
December 11, 1992, staff issued a Temporary Use Agreement (TUA) for one year for the
temporary use of 11,460 square feet for mooring of the cruise ship. The TUA did not include
assessment of an administrative fine for the violation of illegal docking because the lessee had been
paying lease fees based on seven percent of the rental rate.

The administrative fine was recommended to the Board in November 1995 because the act of
mooring the cruise ship was a direct violation of the lease and it occurred after the November 12,
1991, letter was sent. As previously stated, staff had not initially assessed an administrative fine
because the applicant was paying for use of the area and it was thought that the processing would be
completed within the year allowed under the TUA. The requirements to obtain a modified lease
were listed in the November 1991 letter, but were not completed until April 1995. Therefore, staff
proposed an administrative fine in November 1995 based on the length of time taken to complete
the lease modification application. However, since staff and the applicant had continued to work
toward completion of the application, even after the TUA had expired, the multiplier for
aggravating or mitigating factors is not included.

On November 29, 1995, the Board of Trustees approved staff's recommendation to assess an
administrative fine in the amount of $17,500. Subsequent to that approval, the applicant provided
information that resulted in the department determining that the project is not located within the
boundary of the Estero Bay Aquatic Preserve as previously stated. The administrative fine was
based on three factors, one of which no longer applies. The multiplier of two, for being within an
aquatic preserve, should no longer be applied; therefore, the fine should be reduced by $5,000, for
a total administrative fine of $12,500.

The applicant stated that the cruise ship has a draft of 6.5 feet, that mean low water depths in the
proposed expanded lease area range from -6.3 feet to -16.4 feet, and that mean low water depths in
the nearby federal navigation channel range from -10 to -14 feet. Although there are no seagrasses
in the area, the following operational procedures negotiated between staff and the

Board of Trustees
Agenda - January 23, 1996
Page Twenty-Nine

Item 27, cont.

applicant to reduce turbidity and prop wash are being implemented: (1) small tug boats are used to
guide the vessel during approaches and departures; (2) the vessel is moored so that the propellers
are located over deep water in the channel; (3) the vessel approaches and departs parallel to the
dock; and (4) departures entail backing into the federal turning basin with depths of -14 feet.
Limitations on the maximum depths of vessels allowed to moor in this area are included as special
lease conditions pursuant to section 18-20.004(5)(a)3, F.A.C.

All of the slips will continue to be maintained on an open to the public, first-come, first-served
basis; this has been addressed as a special lease condition.

The applicant was not required to obtain a DEP wetland resource permit because the additional area
was for mooring only; no dredging or filling was to occur. There are no submerged resources or
seagrasses in the expansion area. The recommendations of the Division of Marine Resources are
included as special lease conditions. The expanded lease area is located within the western 25-foot
setback area and a waiver has been obtained from the affected property owner. The lease
modification was not required to be noticed.

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) has determined that the
plan is not in compliance. In accordance with the compliance agreement between the 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 Lee County.

(See Attachment 27, Pages 1-8)

RECOMMEND APPROVAL SUBJECT TO THE SPECIAL LEASE CONDITIONS
AND PAYMENT OF $6,716.78 PLUS AN ADMINISTRATIVE
FINE OF $12,500