STAFF REMARKS: This acquisition was negotiated by Florida State University (FSU). Funds for this acquisition were appropriated by the Florida Legislature and are still available.

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 seller prior to closing with FSU reimbursing the seller for the cost of the survey and environmental site assessment.

This property will be managed by Florida State University as a part of the FSU campus through a lease to the Florida Board of Regents.

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

(See Attachment 2, Pages 1-25)

RECOMMEND APPROVAL


Board of Trustees

Agenda - February 27, 1996

Page Two

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Item 3 Florida State University/King Purchase Agreement

REQUEST: Consideration of a purchase agreement among the Florida Board of Regents, Florida State University and the Board of Trustees to acquire 0.15± acre of land from James Gordon King, Individually, as to an undivided ½ interest, and William Y. King and Agnes M. King, Co-Trustees of The King Family Trust, as to an undivided ½ interest.

COUNTY: Leon

APPLICANT: Florida State University

LOCATION: Section 35, Township 01 North, Range 01 West

CONSIDERATION: $71,000

REVIEW NO. 603002

		APPRAISED BY
		CARLTON 	APPROVED PURCHASE 	CLOSING
ACRES 		(06/28/95)	VALUE    PRICE    	DATE
0.15 ±   	$71,000  	$71,000  $71,000  	200 days after
							BOT approval 

STAFF REMARKS: This acquisition was negotiated by Florida State University (FSU). Funds for this acquisition were appropriated by the Florida Legislature and are still available.

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. FSU will reimburse the seller for the cost of the title insurance commitment and policy. This reimbursement shall not exceed the minimum promulgated rate.

A certified survey and environmental site assessment will be provided by the seller prior to closing with FSU reimbursing the seller for the cost of the survey and environmental site assessment.

This property will be managed by Florida State University as a part of the FSU campus through a lease to the Florida Board of Regents.

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

(See Attachment 3, Pages 1-29)

RECOMMEND APPROVAL

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Item 4 High Tide Enterprises, Inc./Leanora Corporation Option Agreements/ Apalachicola Bay CARL Project

REQUEST: Consideration of two option agreements to acquire 5.16 acres within the Apalachicola Bay CARL Project from High Tide Enterprises, Inc. and Leanora Corporation.

COUNTY: Franklin

LOCATION: Sections 35, Township 9 South, Range 7 West

Board of Trustees

Agenda - February 27, 1996

Page Three

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Item 4, cont.

CONSIDERATION: $_____________

			    APPRAISED BY
		         (Shadden)  (Shadden)  APPROVED  PURCHASE OPTION
REVIEW	SELLER	   ACRES (06/28/95) (00/00/00) VALUE     PRICE    DATE 
603003  High Tide  2.00              $         $         $        03/15/96
603004  Leanora    3.16  $189,000              $189,000  $188,700 03/15/96
                   5.16                        $         $

STAFF REMARKS: The Apalachicola Bay CARL project was ranked number 15 on the Interim CARL Priority List approved by the Board of Trustees on September 12, 1991, and was removed from the 1992 CARL list since the project was 90 percent complete. The project is funded under the Division of State Lands Acquisition Workplan as a 90 percent complete project.

The Apalachicola National Estuarine Research Reserve (ANERR) has a grant extension pending that would fund 75 percent of the purchase price of the property. The grant expired in December, 1995 but an extension application has been filed and the ANERR staff is confident that it will be approved. In the event the grant is not extended, staff recommends the purchase of the property utilizing P2000 funds.

Access to the subject property is across a perpetual private easement and roadway presently known as Leisure Lane. The easement specifically prohibits any party to the easement from taking any action to open Leisure Lane for use by the general public, or otherwise declare it as a public easement or right-of-way. 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.

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

The Apalachicola River and the bays at its mouth are some of the most significant natural areas in the southeast. The exceptionally productive Apalachicola Bay supports one of the largest sport and commercial fisheries in Florida--producing up to 90 percent of Florida's oysters--and it is the economic base of Franklin County. The Apalachicola Bay CARL project will help protect the water quality and biological resources of this sensitive area by conserving undeveloped bay-front land on St. George Island.

The Pelican Point parcel will help protect the third largest drainage into Apalachicola Bay, which feeds Nick's Hole on the north side of St. George Island. Protecting this drainage area will ensure the continued health of the rich oyster bars and seagrass beds of this part of the bay, and will help preserve the health of the bay as a whole.

These properties will be managed by the Apalachicola National Estuarine Research Reserve.

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

(Attachments to be submitted at a later date )

RECOMMEND APPROVAL

Board of Trustees

Agenda - February 27, 1996

Page Four

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Item 5 Administration Commission/Key Deer CARL Project

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

COUNTY: Monroe

APPLICANT: Administration Commission

LOCATION: Big Pine Key

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

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

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

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

Board of Trustees

Agenda - February 27, 1996

Page Five

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Item 5, cont.

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

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

RECOMMEND APPROVAL

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Item 6 DOT Deed Modification/Seminole County Conveyance/MOA

REQUEST: Consideration of a request to (1) modify the restrictions and reverter provision contained in Deed No. 19261; (2) convey a parcel of land to Seminole County; and (3) enter into a Memorandum of Agreement providing for long term maintenance of a historic bridge.

COUNTY: Seminole

APPLICANT: Department of Transportation (FDOT) and Seminole County

LOCATION: Section 16, Township 19 South, Range 30 East

STAFF REMARKS: In 1947, the Board of Trustees deeded a parcel of sovereignty submerged land in Seminole County to FDOT for road purposes. FDOT subsequently built a bridge over the St. Johns River on the property. Over the years, the use and function of the bridge deteriorated and it became necessary to replace the old bridge with a new four lane, high rise bridge. As part of the replacement project, the Department of State determined that the old bridge was of historical significance and should be preserved. Plans were made to shift the alignment of the road for the new bridge and to preserve the old bridge. During the course of planning the replacement project, discussions took place with Seminole County about physically relocating the old bridge to an adjacent wayside park that the county currently operates on a portion of the FDOT land. Seminole County indicated a willingness to take over ownership and maintenance of the bridge if the land could be conveyed to the county. The 1947 deed, however, contains a reverter clause restricting use of the property for road purposes and requires the consent of the Board of Trustees prior to conveyance of the property.

FDOT and Seminole County are requesting that the deed restriction be modified to provide for public park or road purposes. The modification will apply only to those lands to be conveyed to the county. The remaining lands in FDOT ownership are being used as right-of-way for the new bridge and will remain restricted to use for road purposes only.

Following modification of the reverter, FDOT, Seminole County and the Division of State Lands, as agent for the Board of Trustees, will enter into a Memorandum of Agreement (MOA) that provides for long-term maintenance of the bridge by Seminole County. The MOA also addresses DOT's responsibility for relocating and refurbishing the bridge; however, in 1995

Board of Trustees

Agenda - February 27, 1996

Page Six

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Item 6, cont.

DOT moved the bridge in anticipation of the conveyance. In the event the Board of Trustees does not approve the conveyance, DOT will continue to maintain the bridge as a part of its right-of-way.

A local government comprehensive plan has been adopted for this area pursuant to section 163.3167, F.S. The Department of Community Affairs has determined that the plan is in compliance. The proposed action is consistent with the adopted plan according to Seminole County.

RECOMMEND APPROVAL

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Item 7 Chapter 18-2, Sections .001-.016 & Chapter 18-4, Sections .001-.010, F.A.C. Rule Repeals/Chapter 18-2, Sections .017-.021, F.A.C. Rule Adoption

REQUEST: Consideration of a request to (1) repeal rule sections 18-2.001 through 18-2.016 and 18-4.001 through 18-4.010, F.A.C., which govern the management of Trustees'-owned uplands and the Land Management Advisory Council; and (2) adopt new rule sections 18-2.017 through 18-2.021, F.A.C.

APPLICANT: Division of State Lands

LOCATION: Statewide

STAFF REMARKS: By Executive Order 95-74, Governor Chiles directed each state agency to recommend rules that could 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.

Prior to Executive Order 95-74, the Division of State Lands had already begun updating chapter 18-2, F.A.C., which was last revised in 1987. The format found in sections 18-2.001 through 18-2.016, F.A.C., was based upon types of authorization (i.e. leases, easements, use agreements, etc.) for use of Trustees land. This resulted in a great deal of rule duplication since the process for obtaining the different types of authorization is very similar. The new format proposed in sections 18-2.017 through 18-2.020, F.A.C., is based upon the process for obtaining the use of Trustees land, from general policy through payment of fees, in a manner which eliminates this duplication.

Chapter 18-4, F.A.C., governing the Land Management Advisory Council (LMAC), is proposed for transfer to chapter 18-2, F.A.C., as section 18-2.021, F.A.C. LMAC acts in an advisory capacity to the Board of Trustees on the management and disposition of Trustees uplands. The transfer is intended to ensure consistency in the administration of these lands.

As proposed, twenty-five rules will be repealed and five rules adopted for a net reduction of eighty percent.

Notices of Proposed Rulemaking were published in the Florida Administrative Weekly (FAW) on January 5, 1996. Two requests for a public hearing were received for the changes to chapter 18-2, F.A.C. A public hearing was held on February 2, 1996. As a result of comments received at the hearing, paragraphs 18-2.018(1)(b) and (c), F.A.C., as identified in the FAW notice, have been deleted, and aquatic preserves have been deleted from the definition of natural

Board of Trustees

Agenda - February 27, 1996

Page Seven

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Item 7, cont.

resource lands. One of the parties who requested the rule hearing also filed a petition to challenge the proposed rule under section 120.54(4), F.S. He has agreed to withdraw the petition upon amendment as discussed at the rule hearing and approval by the Board of Trustees.

(See Attachments 7, Pages 1-62)

RECOMMEND APPROVAL

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Item 8 RICO #49/Offer by Stanley Goldberg

REQUEST: (1) Consideration of an offer to purchase the State's interest in a parcel of RICO property in Orange County; and (2) acceptance of the highest and best offer of $237,000 from Stanley Goldberg.

COUNTY: Orange

RICO #49

LOCATION: Section 17, Township 24 South, Range 27 East, Orlando, Florida

CONSIDERATION: $237,000

STAFF REMARKS: Pursuant to section 895.05, F.S., the State obtained an undivided 30 percent interest in a 350-acre parcel of vacant land in Orange County on October 15, 1986. The remaining 70 percent interest is divided between an individual who owns a 40 percent share and the heirs of another individual who own a 30 percent share. Pursuant to a Stipulation Regarding Sale entered at the time of the original forfeiture, the Division of State Lands was designated as the agent responsible for selling the property, but the owners of the remaining shares were given the right to accept or reject any offer.

The property was first appraised on May 5, 1988, by Robert E. Allen, MAI, for $980,000. Based on Mr. Allen's appraisal, the property was advertised for sale in 1988 with one offer of $230,000 being received. The property was re-advertised in 1989 and the only offer received was for $50,000. A new appraisal of the property was obtained and, when it came in at $157,800, staff ordered a wetlands map prepared for the property. That map showed that only approximately 50 acres of the property are non-jurisdictional and that those areas are scattered throughout the property with access being problematic. A third appraisal was obtained on August 7, 1990, from Mr. Charles W. Rex, III, MAI, who indicated a value of $175,000. The property was re-advertised and a bid of $281,000 was received. This offer was rejected by the other owners. In 1994, William Langley, the department's RICO appraiser, prepared a Letter of Appraisal based on his review of the previous appraisals and concluded a value of $230,000. The property was re-advertised in December 1994 with a high bid of $237,000 being received. Once again, the other owners rejected this bid. The property was most recently re-advertised in the Orlando Sentinel and an agent was on site for two days in mid-September. One bid in the amount of $237,000 was received from Stanley Goldberg. The owner of the 40 percent share has approved the bid as have the heirs who control 12 percent of the 30 percent interest. Owners of the remaining l8 percent interest are in the witness protection program and cannot be located. The court will be petitioned to appoint a personal representative for that 18 percent interest. Therefore, Board of Trustees approval will be contingent upon appointment of the personal representative.

Board of Trustees

Agenda - February 27, 1996

Page Eight

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Item 8, cont.

There is no existing mortgage on the property. Expenses to date total approximately $15,217.81 which include title work, appraisals, advertising, travel, and miscellaneous expenses. These expenses were paid out of the Forfeited Property Trust Fund which will be reimbursed upon closing of the sale with each of the other property owners paying their proportionate share. In addition to repayment to the Forfeited Property Trust Fund for expenses incurred, a seven percent surcharge of $4,977 based on the state's 30 percent ownership will be paid to General Revenue and the remaining proceeds will be distributed as set forth in Chapter 895, F.S.

The following is a tabulation of the offer received and considered by the advertised deadline:

OFFER SUBMITTED BY GROSS OFFER NET OFFER

Stanley Goldberg $237,000 $237,000

Staff recommends that the Board of Trustees accept the Goldberg offer.

The Board of Trustees reserves the right to reject any and all offers.

(See Attachment 8, Pages 1-17)