Click here to MyFlorida Home Page  
Clear Dot Image Cabinet Affairs

AGENDA

BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND

NOVEMBER 4, 1997


Item 1 Minutes

Submittal of the minutes of the September 25, 1997 Cabinet meeting.

RECOMMEND ACCEPTANCE


Item 2 Department of Children and Family Services/Olympia Spa and Gulf Resort, Inc., Sublease Agreement

DEFERRED FROM THE OCTOBER 21, 1997 AGENDA

REQUEST: Consideration of a request to approve a sublease agreement between the Department of Children and Family Services and Olympia Spa and Gulf Resort, Inc.

COUNTIES: Gadsden County, Florida, and

Decatur County, Georgia

Lease No. 3381

APPLICANT: Department of Children and Family Services (DCF) and Olympia Spa and Gulf Resort, Inc. (Olympia)

LOCATION: Section 33, Township 04 North, Range 06 West, Gadsden County, Florida, and Lot No. 418 in the 21st. District of Decatur County, Georgia.

CONSIDERATION: A variable percentage of gross monthly revenues to be paid to the Florida State Hospital Welfare Trust Fund.

STAFF REMARKS: DCF currently leases 542 acres in Decatur County, Georgia, and Gadsden County, Florida, for the Florida State Hospital. The lands are part of a larger tract purchased by the Board of Commissioners of State Institutions between 1921 and 1928 that has been used for state hospital purposes, watershed protection, and timbering in connection with an offender rehabilitation program at the Apalachee Correctional Institution. Title vested in the Board of Trustees pursuant to chapters 67-269 and 67-2236, both Acts of 1967, Laws of Florida. At present, 1,562 acres in Georgia and 4,767 acres in Florida, are managed by the Department of Corrections and PRIDE in conjunction with the Apalachee Correctional Institution, while DCF manages 88.95 acres in Georgia and 453.05 acres in Florida for the Florida State Hospital.

DCF is proposing to sublease 103.76 acres to Olympia for the continued operation and maintenance of the Seminole Valley Golf Course. The term of the sublease will be for a period of ten years with two five-year renewal options. Historically, there has been a golf course on the grounds of Florida State Hospital since the late 1940s. The first golf course was built with the assistance of a group of doctors at the hospital and was used by hospital staff and by surrounding communities. In the late 1970s, a legislative mandate resulted in the closing of a forensic facility at South Florida State Hospital in Pembroke Pines. Plans for a new facility in that area met with opposition and DCF's predecessor, Department of Health and Rehabilitative Services, was forced to relocate the facility to Florida State Hospital on the grounds of the original golf course. To compensate for the loss of the course, the Legislature elected to appropriate funds to rebuild the golf course elsewhere on the hospital grounds.

The golf course was re-located to a site which covers 88.95 acres in Decatur County, Georgia, and 14.81 acres in Gadsden County, Florida. Construction began in 1983 and the course

Board of Trustees

Agenda - November 4, 1997 Page Two


Item 2, cont.

opened for play on November 13, 1986. Florida State Hospital operated the course from the time of opening until September 14, 1993, when the course was subleased to The Cowles Company of Albany, Georgia. Mr. Cowles suffered tremendous losses (his home and another golf course in Albany) from flooding that occurred in 1994. He subsequently gave notice of cancellation of the sublease. The sublease was then offered to the Master's Corporation which operated the course until November 1996.

The property has been sitting idle since 1996. DCF submitted a Request for Proposal, RFP No. 98-001, and published notice in the Florida Administrative Weekly. Olympia was selected to manage the course. In consideration for the sublease, Olympia will pay a percentage of its gross monthly revenues to the Florida State Hospital Welfare Trust Fund in accordance with the table depicted on page two of the sublease agreement.

A consideration of the status of the local government comprehensive plan was not made for this item. The request is for continued use of a golf course that has been in existence since 1983.

(See Attachment 5, Pages 1-51)

RECOMMEND APPROVAL


Item 3 Consolidated-Tomoka Land Co./DOT/SJRWMD/Division of Forestry/ Tomoka Addition to Tiger Bay State Forest Project Purchase

DEFERRED FROM OCTOBER 9, 1997 AGENDA

REQUEST: Consideration of authorization to acquire an undivided 50 percent interest with the St. Johns River Water Management District in 11,349 acres within the Tomoka Addition to Tiger Bay State Forest project by the Board of Trustees for the benefit of the Department of Agriculture and Consumer Services, Division of Forestry, from Consolidated-Tomoka Land Co.

COUNTY: Volusia

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

LOCATION: Sections 28, 29 and 31 through 33, Township 14 South, Range 31 East; Sections 02 through 04, 09 through 11, 13 through 16, 23 through 26 and 36, Township 15 South, Range 31 East; Sections 19 and 30 through 33, Township 15 South, Range 32 East; and Section 05, Township 16 South, Range 32 East.

CONSIDERATION: $4,978,818.20 (Department of Agriculture and Consumer Services, Division of Forestry's 50 percent share of $9,927,886.40 for the purchase, to be adjusted upward or downward at the rate of $701.60 per acre in accordance with the final surveyed acreage, and 50 percent share of $29,750 for the pre-acquisition and closing costs.)

STAFF REMARKS: The Tomoka Addition to Tiger Bay State Forest project is eligible for funding under the Department of Agriculture and Consumer Services, Division of Forestry's (DOF) Preservation 2000 Additions and Inholdings Program.

Board of Trustees

Agenda - November 4, 1997 Page Three


Item 3, cont.

On October 9, 1997, the Board of Trustees authorized staff to enter into an acquisition agreement with the DOF and the St. Johns River Water Management District (District) to acquire the Consolidated-Tomoka Land Co. ownership located within the Tomoka Addition to Tiger Bay State Forest project in accordance with section 259.041(16), F.S. (1994), utilizing the procedures set out in section 373.139, F.S.

Pursuant to the terms of the acquisition agreement and in anticipation of its approval by the Board of Trustees, the District contracted to purchase Consolidated-Tomoka Land Co.'s ownership at 90 percent of the approved value. Title to the property acquired will vest jointly in the Board of Trustees and the District with each owning an undivided 50 percent fee simple interest. The DOF's purchase price will be 50 percent of the contract price negotiated by the District plus 50 percent of the costs incurred in the purchase of the property.

As provided for in the acquisition agreement, on June 11, 1997, the Governing Board of the District adopted Resolution No. 97-24, requesting the DOF's share of the purchase price for the Consolidated-Tomoka Land Co. parcel, reimbursement of 50 percent of its pre-acquisition costs and reimbursement of 50 percent of its closing costs (recording, title insurance policy and survey costs). Pursuant to the acquisition agreement, the pre-acquisition and closing costs will be reimbursed from DOF funds. The District's resolution contains all of the assurances required by the acquisition agreement.

The Tomoka Addition will be managed as part of the Tiger Bay State Forest with the DOF designated as the lead managing agency under a cooperative management regime with the District to achieve mutually beneficial resource management objectives.

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 3, Pages 1-28)

RECOMMEND APPROVAL


Item 4 Clyde E. Bailey/Jacqueline Stamey/Belle Meade CARL Project Option Agreement

REQUEST:  Consideration of an option agreement to acquire 334.6 acres within the Belle Meade CARL project from Clyde E. Bailey and Jacqueline Stamey, Trustees.

COUNTY:  Collier

LOCATION:  Section 33, Township 50 South, Range 27 East

CONSIDERATION:  $602,280

APPRAISED BY

REVIEW Catlett Dane APPROVED PURCHASE OPTION

NO. PARCEL ACRES (03/26/97) (04/15/97) VALUE PRICE DATE

718001 Bailey 334.6 $700,000 $669,200 $700,000 $602,280 180 days

after BOT

approval

Board of Trustees

Agenda - November 4, 1997 Page Four


Item 4, cont.

STAFF REMARKS:  The Belle Meade CARL project is ranked number 3 on the CARL Priority Project List approved by the Board of Trustees on February 11, 1997, and is eligible for purchase under the Division of State Lands' Land Acquisition Workplan.  This project contains 19,227 acres, of which 9,424 acres have been acquired or are under agreement to be acquired.  After the Board of Trustees approves this agreement, 9,468 acres or 49 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, 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, title insurance policy, environmental site evaluation and, if necessary, an environmental site assessment, will be provided by the purchaser prior to closing. The seller will reimburse the purchaser's title insurance costs.

The cypress swamps and old-growth slash pine flatwoods in the Belle Meade project, extending to the fast-developing suburbs of Naples, are still important for such endangered wildlife as Florida panthers, red-cockaded woodpeckers, and Florida black bear. Belle Meade is also the watershed for Rookery Bay. The Belle Meade CARL project will conserve the westernmost large natural area in southwest Florida, protect some of the southernmost populations of several rare animals, and help protect the quality of the subtropical estuary of Rookery Bay, while providing a large area for recreation in a natural environment to residents of and visitors to rapidly urbanizing southwest Florida.

This property will be managed by the Department of Agriculture and Consumer Services, Division of Forestry, as part of the Picayune Strand State Forest.

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 4, Pages 1-25)

RECOMMEND APPROVAL



Item 5 Ruth E. Sigler/Rookery Bay CARL Project Option Agreement

REQUEST:  Consideration of an option agreement to acquire 14.32 acres within the Rookery Bay CARL project from Ruth E. Sigler, as Trustee and individually.

COUNTY:  Collier

LOCATION: Section 15, Township 51 South, Range 26 East

CONSIDERATION:  $57,200

APPRAISED BY

REVIEW Dane APPROVED PURCHASE OPTION

NO. PARCEL ACRES (03/06/97) VALUE PRICE DATE

718002 Sigler 14.32 $57,200 $57,200 $57,200 180 days

after BOT

approval

Board of Trustees

Agenda - November 4, 1997 Page Five


Item 5, cont.

STAFF REMARKS: The Rookery Bay CARL project is ranked number 16 on the CARL Priority Project List approved by the Board of Trustees on February 11, 1997, and is eligible for negotiation under the Division of State Lands' Land Acquisition Workplan. The project contains 13,482 acres, of which 11,171.05 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 2,296.63 acres or 17 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, 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, environmental site evaluation and, if necessary, an environmental site assessment will be provided by the purchaser prior to closing. The purchaser will reimburse the seller's title insurance costs.

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 many aquatic animals. These animals, in turn, are the foundation of commercial and recreational fisheries. 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. As an addition to the Rookery Bay National Estuarine Research Reserve, the project will also further coastal ecosystem research and environmental education.

The property will be managed by the Division of Marine Resources as part of the Rookery Bay National Estuarine Research Reserve.

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 5, Pages 1-37)

RECOMMEND APPROVAL


Item 6 South Savannas CARL Project Purchase Agreements/Survey Waivers

REQUEST:  Consideration of (1) four purchase agreements to acquire five acres within the South Savannas CARL project from four separate owners; and (2) a request for survey waivers.

COUNTY:  St. Lucie

LOCATION:  Section 24, Township 36 South, Range 40 East

CONSIDERATION:  $27,000

Board of Trustees

Agenda - November 4, 1997 Page Six


Item 6, cont.

APPRAISED BY

REVIEW Gray APPROVED PURCHASE CLOSING

NO. PARCEL ACRES (08/24/94) VALUE PRICE DATE

718003 Primm/#216 1.25 $ 6,500 $ 6,500 $ 6,500 180 Days

718004 Scott/#213 1.25 $ 6,500 $ 6,500 $ 6,500 after BOT

718005 Cundy/#209 1.25 $ 6,500 $ 6,500 $ 6,500 approval

718006 Baranowski/#236 1.25 $ 7,500 $ 7,500 $ 7,500

5.00 $27,000 $27,000

STAFF REMARKS: The South Savannas CARL project is ranked number 5 on the CARL Substantially Complete Project List approved by the Board of Trustees on February 11, 1997, and is eligible for negotiation under the Division of State Lands' Land Acquisition Workplan. The project contains 6,046 acres, of which 4,852 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 1,189 acres or 20 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 properties or the proposed management of the properties, staff will so advise the Board of Trustees prior to closing.

Title insurance policies, environmental site evaluations and, if necessary, environmental site assessments will be provided by the purchaser prior to closing.

A waiver of the requirement for surveys of these parcels is being requested pursuant to section 181.005, F.A.C., because, in the opinion of the Bureau of Survey and Mapping, the parcels to be acquired meet all of the following conditions:

While these parcels are being recommended for a waiver of survey at this time, should the title commitments reveal a substantive surveying or surveying related issue which impacts the parcels, certified surveys will be provided by the purchaser prior to closing. In the event full surveys are waived, a professional land surveyor will inspect the properties for any visible evidence of improvements or potential boundary issues. In cooperation with the managing agency, the Division of State Lands will acquire any special purpose survey work necessary for the effective management of the property.

Around Fort Pierce a chain of marshes and lakes separating inland pine flatwoods from the coastal scrub on the high Atlantic Ridge has survived the rapid development of St. Lucie and Martin counties like a visitor from another time. The South Savannas project will conserve these coastal freshwater marshes and the nearby flatwoods and scrub so that the wildlife and

plants of this area, some extremely rare, will continue to survive and the public can learn about and enjoy this scenic remnant of the original southeast Florida.

Board of Trustees

Agenda - November 4, 1997 Page Seven


Item 6, cont.

The property will be managed by the Division of Recreation and Parks as part of the Savannas State Reserve.

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 6, Pages 1-16)

RECOMMEND APPROVAL



Item 7 Southwest Florida Water Management District/Terra Ceia CARL Project Acquisition Agreement

REQUEST: Authority to enter into an acquisition agreement with Southwest Florida Water Management District for the Terra Ceia CARL project.

COUNTY: Manatee

LOCATION: Sections 12, 13, 22 through 24, 27 and 28, Township 33 South, Range 17 East; Sections 07 and 18, Township 33 South, Range 18 East; and Sections 32 and 33, Township 34 South, Range 17 East

STAFF REMARKS: The Terra Ceia CARL project is ranked number 13 on the CARL Bargain/Shared Project List approved by the Board of Trustees on February 11, 1997, and is funded under the Division of State Lands' Land Acquisition Workplan. The proposed agreement covers 2,612 acres, more or less, of the project owned by multiple owners.

To facilitate the acquisition of this project, the Southwest Florida Water Management District (District) has offered to take the lead in the acquisition of this joint project. Department of Environmental Protection (DEP) staff has prepared an agreement that would allow the District to acquire the Terra Ceia CARL project in accordance with section 259.041(16), F.S., utilizing the procedures set out in section 373.139, F.S. On April 11, 1995, the Board of Trustees approved the use of the District's procedures to allow the District to acquire lands to be held jointly by the Board of Trustees and the District.

If the Board of Trustees approves this item, the District staff will present the agreement to the Governing Board of the District for execution at its next Governing Board meeting. Upon receipt of the executed agreement from the District, DEP staff will execute the agreement on behalf of the Board of Trustees.

Incorporated into the agreement are a number of assurances that the District is giving the Board of Trustees in return for its consideration of this agreement. The District has agreed to: (1) comply with the procedures set out in section 373.139, F.S.; (2) defend the Board of Trustees against all title and survey disputes or defects and environmental contamination associated with each acquisition negotiated by the District that were either known or should have been known by the District at the time the District acquired the parcel; and (3) reimburse the Board of Trustees 50 percent of any overpayment of the purchase price if an audit or investigation determines that the purchase price paid exceeded the actual appraised value.

Board of Trustees

Agenda - November 4, 1997 Page Eight


Item 7, cont.

Under the proposed agreement, the District staff will obtain and review appraisals, negotiate a purchase contract and secure the approval of its Governing Board. The District will provide DEP's Division of State Lands with a board resolution requesting reimbursement of the Trustees' share of the purchase price. DEP staff will seek approval for the Board of Trustees' share of the purchase price for each parcel the District contracts to purchase. In addition, the agreement provides for the District to be reimbursed 50 percent of all costs associated with its attempt to acquire lands within the project, including all pre-acquisition and closing related costs, with the pre-acquisition costs and certain closing costs being reimbursed even if the District is unsuccessful in acquiring any property. The agreement authorizes DEP staff to reimburse these costs from CARL incidental expense funds previously released by the Board of Trustees. If the Board of Trustees approves a specific purchase, the District will proceed to closing with title to be vested jointly with the District and the Board of Trustees each holding an undivided 50 percent interest.

The Terra Ceia CARL project will be managed by the DEP's Division of Marine Resources as a preserve.

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 7, Pages 1-10)

RECOMMEND APPROVAL


Item 8 Southwest Florida Water Management District/Green Swamp CARL Project Acquisition Agreement

REQUEST: Authority to enter into an acquisition agreement with Southwest Florida Water Management District for the Green Swamp CARL project.

COUNTY: Polk

LOCATION: Sections 17 through 20 and 30 through 32, Township 25 South, Range 23 East; and Section 06, Township 26 South, Range 23 East

STAFF REMARKS: The Green Swamp CARL project is ranked number 1 on the CARL Less-Than-Fee Project List approved by the Board of Trustees on February 11, 1997, and is funded under the Division of State Lands' Land Acquisition Workplan. The proposed agreement covers 5,383 acres, more or less, of the project owned by Overstreet.

To facilitate the acquisition of this project, the Southwest Florida Water Management District (District) has offered to take the lead in the acquisition of this joint project. Department of Environmental Protection (DEP) staff has prepared an agreement that would allow the District to acquire the Green Swamp CARL project in accordance with section 259.041(16), F.S., utilizing the procedures set out in section 373.139, F.S. On April 11, 1995, the Board of Trustees approved the use of the District's procedures to allow the District to acquire lands to be held jointly by the Board of Trustees and the District.

If the Board of Trustees approves this item, the District staff will present the agreement to the Governing Board of the District for execution at its next Governing Board meeting. Upon

Board of Trustees

Agenda - November 4, 1997 Page Nine


Item 8, cont.

receipt of the executed agreement from the District, DEP staff will execute the agreement on behalf of the Board of Trustees.

Incorporated into the agreement are a number of assurances that the District is giving the Board of Trustees in return for its consideration of this agreement. The District has agreed to: (1) comply with the procedures set out in section 373.139, F.S.; (2) defend the Board of Trustees against all title and survey disputes or defects and environmental contamination associated with each acquisition negotiated by the District that were either known or should have been known by the District at the time the District acquired the parcel; and (3) reimburse the Board of Trustees 50 percent of any overpayment of the purchase price if an audit or investigation determines that the purchase price paid exceeded the actual appraised value.

Pursuant to the proposed agreement, the District staff is to obtain and review appraisals, negotiate a purchase contract and secure the approval of its Governing Board. The District intends to utilize the services of The Nature Conservancy (TNC) for this acquisition. TNC's overhead (not to exceed $45,000) will be considered a closing cost and the agreed upon compensation for overhead associated with the acquisition is contingent upon the Board of Trustees successfully acquiring the property. The District will provide DEP's Division of State Lands with a board resolution requesting reimbursement of the Board of Trustees' share of the purchase price. DEP staff will seek approval for the Board of Trustees' share of the purchase price for each parcel the District contracts to purchase. In addition, the agreement provides for the District to be reimbursed 50 percent of all costs associated with its attempt to acquire lands within the project, including all pre-acquisition and closing related costs, with the pre-acquisition costs and certain closing costs being reimbursed even if the District is unsuccessful in acquiring any property. The agreement authorizes DEP staff to reimburse these costs from CARL incidental expense funds previously released by the Board of Trustees. If the Board of Trustees approves a specific purchase, the District will proceed to closing with title to be vested jointly with the District and the Board of Trustees each holding an undivided 50 percent interest in the less-than-fee acquisition. The amount and nature of less-than-fee title interests being acquired will be fully disclosed when DEP staff submits less-than-fee purchase agreements, for the Board of Trustees' consideration.

The Green Swamp CARL project will be monitored by the Florida Game and Fresh Water Fish Commission. While the parcels in this project qualify as a wildlife management area, the extent and type of public use will be negotiated with the landowner.

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 8, Pages 1-9)

RECOMMEND APPROVAL


Item 9 Florida Mitigation Trust Corporation/Lake Okeechobee Mitigation Bank

REQUEST: Consideration of an application for the use of sovereign submerged lands for the proposed Lake Okeechobee Mitigation Bank.

COUNTIES: Glades, Hendry and Palm Beach Counties, Application No. 47021562W

Board of Trustees

Agenda - November 4, 1997 Page Ten


Item 9, cont.

APPLICANT: Florida Mitigation Trust Corporation (Lake Okeechobee Mitigation Bank)

LOCATIONS: 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, Henry, and Palm Beach counties. Aquatic Preserve: No Outstanding Florida Waters: No

STAFF REMARKS: On March l2, l996, the Board of Trustees conceptually approved the use of l,200 acres of land as a potential mitigation bank, pending receipt of the regulatory permits from the U. S. Army Corps of Engineers (USACE) and the South Florida Water Management District (SFWMD) and subject to negotiations regarding payment for the use of those lands. The state's eradication efforts on this site were postponed pending action on this proposal. On January l6, l997, the SFWMD issued its permit. On March 11, 1997, as part of a status report regarding this item and the Overstreet application, the Board of Trustees excluded this site from the moratorium, directed staff to assist the applicant in the search for an acceptable alternative site; and, because of the sensitive nature of the Lake Okeechobee project, also directed staff to bring the item back to the Board of Trustees' May 13, 1997 meeting for final action. Staff suggested numerous possible sites and worked closely with the applicant to find alternate sites; however, this search proved fruitless. Written and verbal discussions involving the applicant, Department of Environmental Protection (DEP) and cabinet staff resulted in agreement to further defer action on this item.

On August 29, 1997, the applicant met with the DEP and verbally offered to make the DEP the co-permittee on the mitigation bank, i.e., for the DEP to become the mitigation banker. The DEP evaluated this verbal request and, by letter dated October 6, 1997, declined this offer.

On September 25, 1997, the USACE sent a letter to the applicant denying its request for mitigation credit at this site because of concerns relative to compatibility with the lake regulation schedule and the ecological stability of the mitigation bank. The USACE wrote a second letter, dated October 6, 1997, informing the applicant that, should the DEP become the mitigation banker, this would not alter its denial of the mitigation credits for this project. The SFWMD also indicated that mitigation bank credits would not be available for removal of dead melaleuca trees from the site.

The state's melaleuca control program has already treated nearly 30,000 acres of trees in Lake Okeechobee. The two areas that remain to be controlled on Lake Okeechobee are the 1,200 acres of dense forest at the mitigation bank site and the trees along the navigation canal. Pending review of this proposal, funds which were available last fiscal year to conduct treatment of this site were allocated to other projects; additional dollars are now available for the state to treat this site. Approximately $500,000 from both the DEP's Bureau of Aquatic Plant Management and the SFWMD is now available and allocated for treatment of this site in February and March of 1998. Although the applicant has agreed that the state need not delay its own eradication efforts should funding become available (see May 6, 1997 letter), staff is returning to the Board of Trustees for final disposition of this request prior to initiation of eradication efforts.

Because of the denial of this project by the USACE, the environmental risks associated with further delays, and the need to complete the control of this exotic in the lake, staff recommends denial of this application. If the Board of Trustees concurs with this recommendation, staff will initiate efforts for the state and water management district to treat the site.

(See Attachment 9, Pages 1-17)

RECOMMEND DENIAL