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JUNE 25, 1996


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 Coast, Trustee.

COUNTY:  Hernando

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

Page Two


Item 2, cont.

These properties will be managed by the Florida Game and Fresh Water Fish Commission in conjunction with the Chassahowitzka Wildlife Management Area.

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 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 M. Bourque.

COUNTY: Santa Rosa

Rico #150

LOCATION: Lot QQ-55, Crescent Shores Subdivision, Navarre, Florida


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:

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

Page Three


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 Intent/Lease Modification

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 facility.

COUNTY: Monroe

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

Page Four


Item 4, cont.

"Consolidated Notice of Denial" for both the environmental resource permit and the authorization to use sovereign submerged lands.

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 30, 1992.

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

Page Five


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 shutoff valves.

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)