Item 1 Minutes
Submittal of the minutes of the May 14, 1996 Cabinet meeting.
Item 2 Florida First Magnitude Springs (Weeki
Wachee) CARL Project/Suntrust Bank, Nature Coast Option Agreements
REQUEST: Consideration of two option agreements to
acquire approximately 43.4 acres within the Florida First Magnitude
Springs (Weeki Wachee) CARL project from Suntrust Bank, Nature
LOCATION: Sections 27 and 34, Township 22 South,
Range 17 East
APPRAISED BY REVIEW Porter Brown APPROVED PURCHASE OPTION NO. PARCEL ACRES (09/10/93) (10/04/93) VALUE PRICE DATE 611001 2A 31.0 $ 33,600 $ 35,000 $ 35,000 $ 35,000 12/31/96 611002 2B 12.4 $231,300 $185,500 $231,300 $190,000 12/31/96 43.4 $266,300 $225,000
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 586.85 acres
have been acquired or are under agreement to be acquired.
After the Board of Trustees approves these agreements, 636.40
acres or 50.24 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 surveys and environmental site assessments will
be provided by the purchaser prior to closing.
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 CARL project is aimed at protecting eight of these thirty
springs by acquiring land around or near the headwaters.
The Weeki Wachee Springs group forms the headwaters of the Weeki
Wachee (or Weekiwachee) River. The area around the Weeki Wachee
Springs 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 attraction, hiking, bicycling, fishing, picnicking,
canoeing, camping, nature appreciation and natural resource education
can be accommodated.
Board of Trustees
Agenda - June 25, 1996
Item 2, cont.
These properties will be managed by the Florida Game and Fresh
Water Fish Commission in conjunction with the Chassahowitzka Wildlife
These acquisitions are consistent with section 187.201(10), F.S.,
the Natural Systems and Recreational Lands section of the State
(See Attachment 2, Pages 1-41)
Item 3 RICO # 150/Offer by George R. Bourque
and Hazel M. Bourque
REQUEST: (1) Consideration of an offer to purchase a parcel
of RICO property in Santa Rosa County; and (2) acceptance of the
highest and best offer of $38,500 from George R. Bourque and Hazel
COUNTY: Santa Rosa
LOCATION: Lot QQ-55, Crescent Shores Subdivision, Navarre,
STAFF REMARKS: Title to this property vested in the Board
of Trustees on November 21, 1995, pursuant to section 895.05,
F.S. The property is zoned R2M Residential and Mobile Homes, and
consists of approximately 2.46 acres of vacant land.
The property was recently advertised for sale in the Fort Walton
Newspaper and the Pensacola News Journal. Detailed
information on the property was mailed to all persons on the RICO
master mailing list. An agent was on site April 26 and 27, 1996,
to show the property, answer questions and provide bid packages.
The property was appraised on December 7, 1995, by RICO Appraiser
William B. Langley, CA-S (AACA) for $42,500, with a "quick
sale" value of $35,000.
Expenses to date total approximately $1,503.64 which include title
search, travel expenses, and advertising. These expenses were
paid out of the Forfeited Property Trust Fund which will be reimbursed
upon closing of the sale. In addition to repayment to the Forfeited
Property Trust Fund for expenses incurred, a seven percent surcharge
of $2,695 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 offers received and considered by the advertised deadline:
|OFFER SUBMITTED BY||GROSS OFFER||NET OFFER|
|George R. Bourque and Hazel M. Bourque||$38,500||$38,500|
|Daniel C. Leaphart||$12,000||$12,000|
Staff recommends that the Board of Trustees accept this offer.
The Board of Trustees reserves the right to reject any and all offers.
Board of Trustees
Agenda - June 25, 1996
Item 3, cont.
A consideration of the status of the local government comprehensive
plans was not made for this item. The Department of Environmental
Protection has determined that land conveyances are not subject
to the local government planning process.
(See Attachment 3, Pages 1-10)
Item 4 City of Key West Recommended Consolidated
REQUEST: Consideration of an application for a modification
of a ten-year sovereignty submerged land lease to contain a total
of 347,983.6 square feet, more or less, for a commercial docking
Lease No. 440027185
Application Nos. 442678425 and 442809145
APPLICANT: City of Key West
(Key West Bight)
LOCATION: Section 31, Township 67 South, Range 25 East, in Key West Bight, Class III
Waters, within the local jurisdiction of the City of Key West.
Outstanding Florida Waters: No
Aquatic Preserve: No
CONSIDERATION: $27,828.55 as the initial lease fee computed
at the base rate of $0.1070 per square foot, discounted 30 percent
because of the first-come, first-serve nature of the facility,
and including the initial 25 percent surcharge payment for the
additional area. A portion of the project (2,950 square feet )
qualifies for a waiver of lease fees pursuant to section 1821.011(1)(b)10,
F.A.C., which states that fees may be waived in whole or in part
for government, research, or non-profit uses if the project is
determined to be in the public interest. 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 Board of Trustees authorized a rule
amendment on September 14, 1995, to "link" the two processes
of regulatory and proprietary reviews and authorizations. The
rule became effective October 12, 1995. As a result of this linkage,
the recommended Department of Environmental Protection (DEP) regulatory
permit decision and the recommendation to the Board of Trustees
on the proprietary authorization are contained in one document,
the "Consolidated Notice of Intent to Issue", which
is attached. The attached consolidated intent contains a recommendation
for issuance of a permit under Part IV of chapter 373, F.S., and
a recommendation for granting authorization to use sovereign submerged
lands under chapter 253, F.S., for the activity described therein.
This recommendation is provided to the Board of Trustees pursuant
to section 373.427(2), F.S. A description of the requested activity
is provided in Section I, "Description of the Proposed Activity".
The specific basis for recommending approval of the authorization
to use sovereign submerged lands is contained in Section III,
"Background/Basis for Issuance".
Approval of the Board of Trustees is requested only for those aspects of the activity which require authorization to use sovereign submerged lands. If the Board of Trustees approves the request to use sovereign submerged lands and the activity also qualifies for an environmental resource permit and no challenges are received, the "Consolidated Notice of Intent" will be issued and will contain general and specific conditions. In the event the Board of Trustees denies the use of sovereign submerged lands, whether or not the activity otherwise qualifies for an environmental resource permit, DEP will issue a
Board of Trustees
Agenda - June 25, 1996
Item 4, cont.
"Consolidated Notice of Denial" for both the environmental
resource permit and the authorization to use sovereign submerged
The applicant is proposing to expand the preempted area of an
existing 145slip commercial docking facility by: (1) constructing
a Harborwalk with widths up to ten feet; (2) constructing new
docks in new configurations to replace seven docks that have been
or will be removed; and (3) consolidating the area of sovereign
lands currently being preempted by structures and vessel mooring
into the lease. The number of slips will be reduced to 139. The
applicant also proposes to repair 225 linear feet of the concrete
seawall cap at the southeastern portion of the facility, repair
five existing docks and associated pilings, and repair/replace
a non-water dependent building that has collapsed. The existing
sovereign submerged land lease contains 270,808 square feet. The
applicant assumed the lease from the prior lessee on December
The existing marina has a mixture of recreational, commercial
charter, liveaboards, salvage, and commercial fishing vessels.
Upland uses include three restaurants, several dive centers, retail
shops, and the ends of three city streets. There are two existing
fueling facilities within the lease area.
The Harborwalk is proposed to be up to ten feet wide to provide
handicapped access and two-way pedestrian traffic with room for
the public to stop and sightsee. Docking will be allowed along
portions of the Harborwalk where docking currently exists. Docking
along remaining sections of the Harborwalk will be strictly prohibited;
this is addressed as a special lease condition. A standard lease
condition prohibits the Harborwalk from being used for restaurant
seating or selling alcoholic beverages.
The rule restricts activities over sovereign submerged land to
water-dependent activities. However, pursuant to rule 18-21.004(1)(d)1,
F.A.C., a non-water dependent structure may be authorized if it
is a public project primarily intended to provide access to the
waterfront and if located along a seawall or other non-natural
shoreline. The proposed Harborwalk is consistent with this rule.
Section 18-21.011(1)(b)10, F.A.C., states that waivers, partial
waivers, or exclusions from payment of the lease fees for government,
research, educational or charitable organizations may be granted
by the Board of Trustees in the event that the proposed uses are
in the public interest. There are portions of the Harborwalk which
will be for general pedestrian use and where no mooring will be
allowed. Therefore, staff recommends that the Board of Trustees
waive the lease fees for these portions of the Harborwalk (2,950
square feet) as has been done for other public boardwalks.
Also, within the lease area is a non-water dependent cannery building
that was previously part of a grandfathered facility (GSR 0077).
The structure has been deteriorating for several years. When the
City of Key West acquired the building in December 1992, it posted
signs to keep the public out because the structure was unsafe.
In July 1994, the applicant began the process of obtaining authorizations
to renovate the marina and the cannery building. By April 1995,
the flooring of the cannery building had collapsed into the water.
The applicant is requesting that the Board of Trustees allow the
structure to be rebuilt. The structure is listed in the National
Register of Historic Places and the applicant has received a grant
from the Department of State to remove and rebuild the structure
at some point in the future to create an open-to-the-public walkthrough
educational museum to educate the public about the historic green
turtle industry and the maritime industry in general. In light
of these facts and because there would be no resource concerns
in rebuilding the cannery, staff believes that rebuilding the
structure would be in the public interest and recommends that
the Board of Trustees allow the reconstruction pursuant to section
18-21.004(1)(d)1., F.A.C. If the Board of Trustees approves the
reconstruction, a special lease condition will be included to
prohibit future changes in use of the structure unless authorized
by the Board of Trustees.
A May 1, 1996, site inspection states that the configuration of
the leased facility is in compliance.
Board of Trustees
Agenda - June 25, 1996
Item 4, cont.
A portion of the proposed Harborwalk will be located within the
25-foot setback areas and waivers have been obtained from both
affected property owners.
The DEP wetland resource permit (no. 442678425) issued on August
3, 1995, required installation of two sewage pumpout facilities
which were installed in October 1995. The DEP environmental resource
permit (no. 442809145) requires fueling facilities to have automatic
A local government comprehensive plan has been adopted for this
area pursuant to section 163.3167, F.S.; however, the Department
of Community Affairs (DCA) determined that the plan was not in
compliance. In accordance with the compliance agreement between
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 as amended according to a letter
received from the City of Key West.
(See Attachment 4, Pages 1-47)
RECOMMEND APPROVAL SUBJECT TO THE SPECIAL LEASE CONDITIONS
AND PAYMENT OF $27,828.55