Submittal of the minutes of the July 28, 1998 Cabinet meeting.

REQUEST: Consideration of an application for (1) a five-year sovereignty submerged land lease for an existing commercial gravel off-loading operation containing 61,579 square feet, more or less; (2) placement of six "dolphins" (piling clusters) for barge mooring; and (3) authorization for the severance of 889 cubic yards of sovereign material and 2,145 cubic yards of gravel located on sovereignty submerged lands.

COUNTY: Okaloosa

Application No. 46-0128747-001-DF

Lease No. 462864511

APPLICANT: Coastal Materials, Inc.

Outstanding Florida Water - No

Aquatic Preserve - No

CONSIDERATION: $87,649.60 representing (1) $8,698.04 as the initial lease fee computed at the base rate of $0.1130 per square foot, and including the initial 25 percent surcharge payment; (2) $1,111.25 for the severance of 889 cubic yards of sovereign material computed at the rate of $1.25 per cubic yard pursuant to section 18-21.011(3)(a)3, F.A.C.; and (3) $77,840.31 as lease fees in arrears, with interest, of which the applicant has already paid $24,879.10. Sales tax will be assessed pursuant to section 212.031, F.S., if applicable.

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 sovereignty submerged land 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 sovereignty submerged land is contained in Section III "Background/Basis for Issuance."

Approval by the Board of Trustees is requested only for those aspects of the activity which require authorization to use sovereignty submerged land. If the Board of Trustees approves the request to use sovereignty submerged land and the activity also qualifies for a wetland resource

permit and no challenges are successful, 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 sovereignty submerged land, whether or not the activity qualifies for a wetland resource permit, the DEP will issue a "Consolidated Notice of Denial" for both the wetland resource permit and the authorization to use sovereignty submerged land.

The applicant is requesting a five-year sovereignty submerged land lease for a barge mooring area at an existing commercial rock and gravel off-loading facility. The proposed lease area will contain approximately 61,579 square feet, more or less, and will include the construction of six multi-piling dolphins. The lease area will be used to moor four 35-foot by 195-foot barges, one 40-foot by 95-foot "crane barge" and a 30-foot by 85-foot tug boat. The applicant also proposes to dredge approximately 889 cubic yards of sovereign material and 2,145 cubic yards of gravel from the existing mooring area, and construct a 479-foot sheetpile and concrete upland retaining wall and a perimeter berm on the uplands.

The existing gravel off-loading facility has operated at the site since the 1940’s and currently preempts approximately 60,486 square feet, more or less. The difference in the square footage between the existing and proposed lease areas are the result of different mooring configurations. The gravel is purchased by the applicant from upland sources and transported by several different vendors to the off-loading site by barge. The material is moved from the barges to shore by a barge-mounted crane with a clamshell bucket and distributed to consumers by truck. This off-loading practice results in spillage of material into the bayou, some of which has migrated into adjacent property owners’ boatslips. The applicant is requesting authorization to dredge approximately one-half of the barge mooring area from a depth of -2 feet to a depth of -9.5 feet mean low water. Sediment analysis within the proposed dredge area has revealed that approximately 29 percent (889 cubic yards) of the proposed dredge material is native sand and the remaining 71 percent (2,145 cubic yards) is gravel.

Although the current facility does not have any existing structures, the definition for "revenue generating/income related activity" means an activity on sovereign submerged lands which produces income through rental or any other means or which serves as an accessory facility to other commercial or industrial operations. Staff is of the opinion that the facility meets these criteria; and, therefore needs to be brought under lease. There are approximately 11 similar submerged land leases within the DEP Northwest District which have either no structures or have a bulkhead adjacent to a revenue generating mooring area. Two of those 11 leases were approved by the Board of Trustees, the other nine were approved by DEP via delegation of authority.

The applicant’s off-loading operation has resulted in complaints from local citizens and users of nearby marinas to the Florida Marine Patrol (FMP) and DEP Northwest District office beginning as early as 1993. The complaints included barge mishandling and turbidity resulting from prop dredging. As the applicant has no existing mooring pilings, the barges are pushed against the bank and held by the tugs with their engines running, which prevents the barges and tugs from drifting. The applicant is unable to moor the barges and tugs any other way until the lease is issued and the mooring pilings can be installed. Three special lease conditions have been included at the request of the FMP in order to correct these problems and to ensure safe and nuisance-free operation of the facility.

The applicant was notified on February 10, 1995, that a permit and a submerged land lease would be required. The application was received on March 22, 1996. On May 29, 1997, a temporary use agreement (TUA) was signed and payment of $24,879.10 was made for the 60,486 square feet of historically used, preempted area. The expiration date of the TUA is either June 30, 1997, or the date of execution of the sovereignty submerged land lease, whichever is later. The lease fees in arrears were calculated without interest, but with the 30

percent discount from June 30, 1991, through June 30, 1997, pursuant to section 18-21.011(1)(b)2, F.A.C. It is now recognized that the facility does not qualify for the 30 percent discount because it is not open to the public on a "first-come, first-served" basis.

Warranty deeds provided for the applicant’s five upland parcels, associated with the project site, indicate that the property was purchased between August 30, 1971, and December 27, 1972. As such, the project is considered an unauthorized, unregistered grandfathered facility, pursuant to section 18-21.00405(1) and (3), F.A.C., since the site was not registered under either grandfather registration period. Pursuant to section 18-21.00405(3) and 18-21.011(1)(b)12.b., F.A.C., lease fees in arrears, including interest, shall be assessed from September 30, 1984. Staff recommends that lease fees in arrears, at the base rate, with interest be assessed from September 30, 1984, pursuant to section 18-21.011(1)(b)12.a., F.A.C.

In an effort to reduce the amount of spillage both during the off-loading process and from the piles of upland material sloughing into the water, the applicant has agreed to maintain a one-foot high earthen berm along the waterfront and side property lines. This berm will also contain any stormwater run-off on site, however, no water quality violations directly attributed to this facility have been documented. As such, the facility has been grandfathered under the regulatory rules and no stormwater permits pursuant to rule 62-25, F.A.C., are required. It has also been determined that gravel off-loading facilities do not require an industrial waste water permit pursuant to rule 62-660, F.A.C., since they do not have a point source discharge. However, staff has been on-site during a rain event on July 13, 1998 and witnessed several turbidity plumes which could potentially contribute to water quality problems on Boggy Bayou. Staff also visited the site on August 31, 1998 to verify the construction of a one-foot high earthen berm which will effectively contain stormwater runoff on the upland and prevent the gravel from sloughing off the upland, into the waterbody. A special lease condition has been added, pursuant to sections 18-21.003(23) and 18-21.004(2)(e), F.A.C., which requires the applicant to stabilize and maintain the berm for the term of the lease. The applicant also proposes to construct a 479-foot sheetpile and concrete upland retaining wall which will also help stabilize the shoreline and the earthen berm.

The subject lease is not located within an aquatic preserve. Therefore, to receive approval, the proposal is required only to be "not contrary to the public interest", pursuant to section 18-21.004(1)(a), F.A.C. The applicant has provided reasonable assurances that the water quality, natural resources, recreation and navigation will not be impacted by this project and thus meets all requirements for a proprietary authorization to use sovereignty submerged lands, pursuant to Article X, Section 11 of the Florida Constitution, chapter 253, F.S., associated rule 18-21, F.A.C., and the policies of the Board of Trustees.

The DEP Wetland Resource Permit does not authorize sewage pumpout facilities and prohibits liveaboards and fueling facilities. The project is located in Class III, Shellfish Harvesting Prohibited Waters and as such, no comments were obtained from the Division of Marine Resources. The project was not noticed pursuant to section 253.115(5)(g), F.S., as the project is an unregistered grandfathered facility.

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 is not in compliance. In accordance with the Compliance Agreement between DCA and the local government, an amendment has been adopted which brought the plan into compliance. The proposed action is consistent with the adopted plans amended according to a letter received from the City of Valparaiso dated May 1, 1996.

(See Attachment 2, Pages 1-26)

COUNTY: Polk

LOCATION: Sections 31 and 32, Township 30 South, Range 29 East; and Sections 05 and 06, Township 31 South, Range 29 East

CONSIDERATION: $668,000 ($650,000 for the acquisition; $18,000 for the purchase of the option agreement)

APPRAISED BY

REVIEW String Dane APPROVED PURCHASE OPTION

NO. PARCEL ACRES (10/02/97) (11/07/97) VALUE PRICE DATE

815006 Newell/13 361.23 $760,000 $722,500 $760,000 $650,000 180 days

after BOT

approval

Pursuant to a multi-party acquisition agreement entered into between the Division of State Lands (DSL) and The Nature Conservancy, Inc. (TNC), TNC has acquired an option to purchase this 361.23-acre parcel from Bruce Newell and Marilyn S. Newell. After this acquisition is approved, the Board of Trustees will acquire the option from TNC for $18,000, which represents agreed upon compensation to TNC for overhead associated with acquiring the option. The Board of Trustees may then exercise the option and purchase the property. The assignment of option agreement provides that payment to TNC is contingent upon the Board of Trustees successfully acquiring the property from the owner. The assignment of option agreement further provides that in no event will the purchase price for the option and the purchase price of the property exceed the DSL approved value of the property.

All mortgages and liens will be satisfied at the time of closing. Preliminary title information has revealed that a 4.6-acre section of this parcel is encumbered by an outstanding phosphate mineral interest, with right of entry, in favor of the United States of America. The Bureau of Geology has determined that there are no economical deposits of phosphate minerals in the

vicinity of the property. The Bureau of Appraisal has determined that the outstanding interest does not affect the market value of the property. The property owner is aware of the outstanding interest and is unwilling to pursue its release. Based on the current conditions, staff recommends acquiring the property subject to this outstanding interest. However, should the outstanding phosphate interest ever become a management concern, staff would pursue the release of this interest from the federal government, utilizing incidental funds set aside for acquisition related expenses. Based on the above information, the Florida Department of Agriculture and Consumer Services, Division of Forestry (DOF), the future managing agency, has determined that the property can be effectively managed subject to the outstanding phosphate mineral interest. 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 a title insurance policy will be provided by the purchaser prior to closing. The seller will provide an environmental site assessment and will reimburse purchaser’s title insurance costs.

The high, sandy, Lake Wales Ridge, stretching south from near Orlando almost to Lake Okeechobee, was originally covered with a mosaic of scrub, flatwoods, wetlands, and lakes. The scrub is unique in the world - it is inhabited by many plants and animals found nowhere else - but it has almost completely been converted to citrus groves and housing developments.

The Lake Wales Ridge Ecosystem CARL project is designed to protect the best remaining tracts of this scrub and the ecosystems associated with it, thereby preserving several endangered species and allowing the public to see examples of the unique original landscape of the ridge.

The property will be managed by the DOF as a unit of the Lake Wales Ridge 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 3, Pages 1-42)

REQUEST:  Consideration of an option agreement to acquire 149 acres within the Wekiva-Ocala Greenway CARL project from Conway D. Kittredge.

COUNTY:  Orange

LOCATION: Section 09, Township 20 South, Range 28 East

CONSIDERATION:  $675,000

APPRAISED BY

REVIEW Goodman Clayton APPROVED PURCHASE OPTION

NO. PARCEL ACRES (10/23/97) (10/23/97) VALUE PRICE DATE

815004 Kittredge 149 600,000 $700,000 $700,000 $675,000 120 days

after BOT

approval

STAFF REMARKS: The Wekiva-Ocala Greenway CARL project is ranked number 8 on the CARL Priority Project List approved by the Board of Trustees on February 10, 1998, and is eligible for negotiation under the Division of State Lands’ Land Acquisition Workplan. The project contains 67,397 acres, of which 32,727.24 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 34,520.76 acres or 51 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, a title insurance policy, an environmental site evaluation and, if necessary, an environmental site assessment will be provided by the purchaser prior to closing.

The springs, rivers, lakes, swamps and uplands stretching north from Orlando to the Ocala National Forest are an important refuge for the Florida black bear, as well as other wildlife such as the bald eagle, swallow-tailed kite, Florida scrub jay and wading birds. The Wekiva-Ocala Greenway CARL project will protect these animals and the Wekiva and the St. Johns river basins by protecting natural corridors connecting Wekiva Springs State Park, Rock Springs Run State Reserve, the Lower Wekiva River State Preserve and Hontoon Island State Park with the Ocala National Forest. It will also provide the people of the booming Orlando area with a large, nearby natural area in which to enjoy camping, fishing, swimming, hiking, canoeing and other recreational pursuits.

This property will be managed by the Division of Recreation and Parks as part of the Rock Springs Run State 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 4, Pages 1-32)

REQUEST: Consideration of a purchase agreement to acquire 0.336 acre within the Coupon Bight/Key Deer CARL project from Jose and Isabel N. Dominguez.

COUNTY: Monroe

LOCATION: Section 05, Township 66 South, Range 29 East

CONSIDERATION: $60,000

On March 12, 1996, the Board of Trustees exercised its authority under section 259.041(1), F.S., to waive the normal appraisal procedures and to substitute other reasonably prudent procedures. This enabled the Division of State Lands to utilize approved appraised values that were based on land use regulations in effect as of January 1, 1996, in Monroe County and Big Pine Key, Florida.

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 title insurance policy will be provided and an environmental site assessment may be provided by the purchaser prior to closing. A mass environmental site assessment was performed on this project and no contaminants were discovered. Prior to closing, the managing agency will perform site inspections and, as in prior purchases in this project, unless contaminants are found, a site specific environmental site assessment will not be performed.

The subtropical pine forests of rapidly developing Big Pine Key and the islands around it are the home of the endangered Key deer as well as of many Caribbean plants found nowhere else in the country. Rich coral reefs and other hardbottom communities flourish in the shallow water around the islands. The Coupon Bight/Key Deer CARL project will protect the remaining undeveloped land on Big Pine and No Name Keys, without which, the Key deer will not survive; protect the water quality of the Coupon Bight Aquatic Preserve and the other waters surrounding the islands; and provide the public an area to appreciate the unique natural world of this part of Florida.

This property will be managed by the U.S. Fish and Wildlife Service as a part of the Key Deer National Wildlife Refuge.

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 1-5)

RECOMMEND APPROVAL

COUNTY:  St. Lucie

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

CONSIDERATION:  $6,500

APPRAISED BY

REVIEW Gray APPROVED PURCHASE CLOSING

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

815005 Grosfeld/201 1.25 $6,500 $6,500 $6,500 180 Days

after BOT

approval

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 survey of this parcel is being requested pursuant to section 18-1.005, F.A.C., because, in the opinion of the Bureau of Survey and Mapping, the parcel to be acquired meets all of the following conditions:

• the parcel is surrounded by state-owned land or surrounded by land the state intends to acquire;
• the parcel is located within a subdivision or in a section in which the controlling land corners have been recently surveyed by G.C.Y., Inc., and the survey drawing is acceptable for computing acreage;
• the parcel is in its natural unimproved condition;
• although the parcel lines were not surveyed, it appears that the boundary of the parcel does not adjoin fences or improvements other than those managed by the state; and
• the parcel was visually inspected via aerial photography on August 20, 1998; (actual on-site inspection was last conducted in 1996.)

A title insurance policy, an environmental site evaluation and, if necessary, an environmental site assessment will be provided by the purchaser prior to closing.

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. The South Savannas CARL 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.

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

State 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 6, Pages 1-8)

RECOMMEND APPROVAL

REQUEST:  Consideration of (1) three purchase agreements to acquire 11.38 acres within the Cape Romano Barrier Island Acquisition project from Zenaida S. Poovey, Robert C. Gerhard and Walter James Smith, et al; and (2) a request for survey waivers.

COUNTY:  Collier

LOCATION:  Sections 02 and 11, Township 53 South, Range 26 East

CONSIDERATION:  $72,800

APPRAISED BY

REVIEW Miller APPROVED PURCHASE CLOSING

NO. PARCEL ACRES (08/06/97) VALUE PRICE DATE

815007 Poovey/36 8.81 $52,000 $52,000 $52,000 180 days after

(10/05/97) BOT approval

815008 Gerhard/08 1.67 $12,100 $12,100 $12,100

815009 Smith, TR/32 0.90 $ 8,700 $ 8,700 $ 8,700

STAFF REMARKS:  The Cape Romano Barrier Island Acquisition project is funded through the United States Fish and Wildlife Service’s National Wetlands Conservation Grant Program. Use of state-owned lands as match for the project was approved by the Board of Trustees on January 21, 1998. This project contains 992.25 acres, of which 834.57 acres have been acquired or are under agreement to be acquired.  After the Board of Trustees approves these agreements, 146.3 acres or 15 percent of the project will remain to be acquired.

Parcels 8 and 36 are subject to outstanding oil and mineral interests. Over 75 percent of the oil and mineral interests in Parcels 8 and 36 were reserved on February 21, 1956, by Mary E. Sweeting and on May 2, 1969, by William D. Hixon, Trustee, both with right of entry and to run indefinitely. Parcel 32 is subject to 50 percent oil and mineral interest reserved on February 21, 1956, by Mary E. Sweeting, with right of entry and to run indefinitely. Staff recommends acquiring the properties subject to the outstanding interests. The Bureau of Geology determined that the sediment with the greatest potential for development is sand; however, further investigation would be required to determine the commercial value, if any, of the sand. The Bureau of Appraisal has indicated that the outstanding interests do not affect the market value of the properties. Rookery Bay National Estuarine Research Reserve, the future managing agency, has determined that the properties can be effectively managed subject to the outstanding oil, gas and mineral interests.

Parcels 8 and 36 are subject to deed restrictions limiting property use to single-family dwellings with no commercial use allowed. The future managing agency has determined that the property can be effectively managed subject to these restrictions.

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.

A waiver of the requirement for a survey of these parcels is being requested pursuant to section 18-1.005, 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:

• the parcels are surrounded by both state-owned land and by land the state intends to acquire;
• the parcels are located within a section in which the controlling land corners have been recently surveyed by Southern Mapping Technology, Inc. and the survey drawing is acceptable for computing acreage;
• the parcels are in their natural unimproved condition;
• although the parcel lines were not surveyed, it appears that the boundaries of the parcels do not adjoin fences or improvements other than those managed by the state; and
• the parcels were visually inspected in January 1998.

While these parcels are being recommended for a waiver of survey at this time, should the title commitments and field inspections reveal substantive surveying or surveying related issues which impact the parcels, certified surveys will be provided by the purchaser prior to closing. In the event the full survey is waived, a professional land surveyor will inspect the property 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.

The purchaser will absorb all acquisition costs (excluding taxes and contingency fees), which may include title commitments, surveys, environmental site assessments and recording and documentary stamps, by either paying directly or reimbursement.

The Cape Romano complex consists of a series of undeveloped islands which form the southern end of the 37-mile stretch of beaches and barrier islands in Collier County. These beaches serve as critical nesting habitat for the endangered Atlantic loggerhead sea turtle, least tern and black skimmer. Most of the islands are fringed by mangroves and have intertidal seagrass beds, alga beds and oyster reefs. These habitats serve as nursery areas for larval and juvenile finfish and shellfish, many of commercial and recreational importance, and also provide forage for manatees, sea turtles, a variety of shorebirds and larger fish. Public acquisition of the lands will help ensure long-term preservation of pristine coastal resources that can be utilized by listed species, as well as for research and public education.

These properties will be managed by the Division of Marine Resources as part of the Rookery Bay 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.

(See Attachment 7, Pages 1-42)

RECOMMEND APPROVAL

REQUEST: Consideration of a purchase agreement to acquire 1.29 acres by the Florida Department of Transportation, District Four from Edward N. Parker.

COUNTY: Broward

APPLICANT: Department of Transportation

LOCATION: Section 18, Township 49 South, Range 42 East

CONSIDERATION: $350,000

APPRAISED BY

REVIEW Underwood Mikus APPROVED PURCHASE CLOSING

NO. PARCEL ACRES (05/07/98) (04/17/98) VALUE PRICE DATE

815002 Parker 1.29 $450,000 $532,000 $532,000 $350,000 150 days

after BOT

approval

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 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, a title insurance policy and an environmental site assessment will be provided by DOT prior to closing.

This property will be managed by DOT as a parking facility.

This acquisition is consistent with section 187.201(20), F.S., the Transportation section of the State Comprehensive Plan.

(See Attachment 8, Pages 1-25)

REQUEST: Consideration of a purchase agreement to acquire 0.19 acre for the benefit of the Florida Board of Regents and Florida State University from Richard Kelly, C. A. Cooksey and Mabel Cooksey, also known as Idea Partnership.

COUNTY: Leon

APPLICANT: Florida State University

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

CONSIDERATION: $93,500

APPRAISED BY

REVIEW Carlton APPROVED PURCHASE CLOSING

NO. PARCEL ACRES (02/10/97) VALUE PRICE DATE

815003 124 0.19 $94,500 $94,500 $93,500 185 days

after BOT

approval

Improvements on this property consist of a 2,387 square-foot, single story duplex. After closing, the structure will be removed as soon as FSU obtains all of the necessary permits. The short range plan is to use the parcel for parking. The long range plan is to develop the site for fraternity housing.

All mortgages and liens will be satisfied at the time of the 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 a title insurance policy will be provided by FSU. An environmental site assessment will be provided by the seller prior to closing. FSU will reimburse the seller’s environmental site assessment costs.

This parcel will be managed by FSU as a part of the existing 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 9, Pages 1-27)

REQUEST: Consideration of a purchase agreement to acquire 3.22 acres for the benefit of the Florida Board of Regents and Florida State University from Seminole Boosters, Inc.

COUNTY: Leon

APPLICANT: Florida State University

LOCATION: Section 02, Township 01 South, Range 01 West

CONSIDERATION: $600,000

APPRAISED BY

REVIEW Carlton Griffith APPROVED PURCHASE CLOSING

NO. PARCEL ACRES (11/20/97) (11/19/97) VALUE PRICE DATE

815001 138 3.22 $600,000 $600,000 $600,000 $600,000 185 days

after BOT

approval

Improvements on this property consist of a 6,000 square-foot office/warehouse and a 12,000 square-foot warehouse. Site improvements include concrete and asphalt paved parking and a six-foot high chain link fence around the perimeter of the property. FSU is aware of the improvements and will use the buildings as a maintenance facility.

All mortgages and liens will be satisfied at the time of the 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 will be provided by FSU. An environmental site assessment and a title insurance policy will be provided by the seller prior to closing. FSU will reimburse the seller’s title insurance and environmental site assessment costs.

This parcel will be managed by FSU as a part of the existing 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 10, Pages 1-33)

COUNTY:  Walton

LOCATION:  Section 08, Township 03 South, Range 19 West

CONSIDERATION:  $140,000

APPRAISED BY

REVIEW Carroll APPROVED PURCHASE OPTION

NO. PARCEL ACRES (05/14/98) VALUE PRICE DATE

814002 Butler 0.62 $160,000 $160,000 $140,000 180 days

after BOT

approval

the State Parks Additions and Inholdings Preservation 2000 program. The project contains 10.8 acres, of which 10.18 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, this project will be complete.

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 survey of this parcel is being requested pursuant to section 18-1.005, F.A.C., because, in the opinion of the Bureau of Survey and Mapping, the parcel to be acquired meets all of the following conditions:

• the parcel is surrounded by state-owned land or surrounded by land the state intends to acquire;
• the parcel is located within a subdivision in which the controlling land corners have been recently surveyed, and the survey drawing is acceptable for computing acreage;
• the parcel is in its natural unimproved condition; and
• the boundaries of the parcel do not adjoin fences or improvements other than those managed by the state.

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

This property will be managed by the DRP as an addition to the Grayton Beach State Recreational 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 11, Pages 1-22 submitted with the September 9, 1998 Agenda)

REQUEST:  Consideration of annual land management review findings.

COUNTY:  Statewide

Properties to be reviewed were selected from a database of Board of Trustees’ lands based on management agency, plan due-dates, and geographic location. Review team members were selected in accordance with the requirements of the legislation to include representatives of the following: (1) the county or local community in which the parcel is located; (2) the Division of Recreation and Parks; (3) the Department of Agriculture and Consumer Services, Division of Forestry; (4) the Florida Game and Fresh Water Fish Commission; (5) the DEP’s district office; (6) the private sector; (7) the local Soil and Water Conservation District Board of Supervisors; and (8) a conservation organization. To assist the team in conducting its evaluation, a checklist was provided to each team member along with a copy of the current management plan, management policy statement, management prospectus, and related documents when available. In order to improve the review process, the management review team staff, along with advisors and site managers, inspected selected properties prior to the formal review to provide information necessary for meeting required objectives. Participating state agencies, Soil and Water Conservation districts, and conservation groups have had continual input into the development and ongoing evolution of the review process. The DEP staff that coordinate the state’s land management review teams also met with representatives of the Water Management Districts (WMD) to integrate management reviews where WMD lands are adjacent to Board of Trustees’ lands and when the Board of Trustees’ has joint ownership of parcels with a WMD.

Thirty-six reviews were conducted during the 1997-1998 fiscal year, involving more than 400,000 acres of managed lands. Reports of the management review team findings are provided to the managing agency and to the Land Acquisition and Management Advisory Council. All of the properties reviewed were found to be managed for the purpose for which they were acquired; and actual management practices, including public access, were found to be in compliance with the management plans. The teams found that public access was adequate on 92 percent of the areas reviewed. On 43 percent of the sites, managers were doing an exceptional job of restoring disturbed natural communities. On 35 percent of the managed areas, the prescribed burn program was found to be excellent; on 29 percent, however, the burn frequency and/or area receiving prescribed burns was found to be inadequate to preserve, restore, or maintain the natural communities. Non-native invasive plants were a management issue on most of the lands reviewed and control measures were inadequate on 14 percent of the lands. Degradation/alteration of surface or groundwater resources was a concern on 24 percent of the areas. Thirty percent of the lands did not have adequate inventories of listed plants and animals. Law enforcement was inadequate to protect the resources on 22 percent of the lands reviewed. Most management problems may be directly related to a lack of funding: 62 percent of the managed areas were found to have inadequate staff and/or equipment to properly manage the natural resources. Overall, however, the review teams found that the managers of these areas are dedicated professionals who are doing an excellent job with the resources available.

(See Attachment 12, Pages 1-2)

REQUEST: Consideration of a request to convey 0.23 acre of state-owned land to W. A. Hoffman, Jr.

COUNTY: Lee

Deed No. 29988

APPLICANT: W. A. Hoffman, Jr.

LOCATION: Section 23, Township 44 South, Range 26 East

CONSIDERATION: $400, to be deposited in the Internal Improvement Trust Fund.

STAFF REMARKS: William A. Hoffman, a resident of Lee County, died on August 13, 1983. To the best of anyone’s knowledge, Mr. Hoffman had no heirs. His landlord, Robert Martin, subsequently became the personal representative of Mr. Hoffman’s estate. While settling the estate, Mr. Martin received a tax notice for a lot in Lehigh Acres which was addressed to Robert Martin, Personal Representative of the Estate of William A. Hoffman, deceased. The notice concerned back taxes on the lot. Because the tax bill was addressed to Mr. Martin, as personal representative of Mr. Hoffman’s estate, it was assumed that Mr. Hoffman owned the property. Mr. Martin went directly to the tax department and paid the overdue taxes. Disposition of the lot was then considered during the process of settling the estate.

In instances where an individual dies with no known heirs, the decedent’s assets escheat to the State of Florida after all claims against the estate are paid. The state received $4,000 from Mr. Hoffman’s estate. The lot was calculated as having a value of no more than $400 by the county tax assessor. As an alternative to selling the lot and the proceeds escheating to the State of Florida, the lot was deeded to the Board of Trustees as a donation.

In 1989, Walter A. Hoffman (a.k.a. W. A. Hoffman, Jr.) contacted the Lee County Tax Collectors Office regarding his claim to the lot. Mr. Hoffman provided copies of tax invoices dating back to 1980 that reflected the same folio number as the parcel conveyed to the Board of Trustees. Mr. Hoffman also contacted the Division of State Lands and provided a copy of the deed whereby he had acquired the lot from Mr. John P. Berres on October 22, 1979. It is unclear how Mr. William A. Hoffman became listed as the owner of record for Mr. Walter A. Hoffman’s lot; however, the error occurred and the property was deeded to the Board of Trustees.

Since a title policy was obtained at the time of acquisition, staff contacted Lawyers Title Insurance Corporation (LTIC) to determine whether Walter A. Hoffman had a valid claim. LTIC was able to locate two deeds in the chain of title, a deed out of Lehigh Acres Development Corporation into John P. Berres, and a deed out of John P. Berres into a W. A. Hoffman. LTIC believes that Walter A. Hoffman is the W. A. Hoffman referred to in the deed out of John P. Berres. It has had Mr. Hoffman attest to the fact in an affidavit. LTIC has requested that the Board of Trustees convey the property to Walter A. Hoffman. In exchange for execution of the deed into Mr. Hoffman, LTIC will tender the title policy limit of $400.

A consideration of the status of the local government comprehensive plan 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 13, Pages 1-19)

COUNTY: Broward

APPLICANTS: Department of Children and Family Services (DCF) and Atlantic Shores Healthcare, Inc. (Atlantic)

LOCATION: Sections 16 and 21, Township 51 South, Range 41 East

CONSIDERATION: $1,132,882.30 per year, plus utilities, to be paid to DCF.

STAFF REMARKS: In 1997, the Florida Legislature passed a bill directing DCF to privatize South Florida State Hospital, including the financing, design and construction of a new treatment facility having up to 350 beds. On February 3, 1998, DCF released a request for proposals (RFP). On August 6, 1998, following four months of negotiations, DCF and Atlantic entered into a contract. The nucleus of the contract is a management agreement for immediate services at the hospital. DCF and Atlantic have entered into a formal transition period scheduled to last through October 31, 1998, at which time Atlantic will assume full control of hospital operations.

Supporting the management agreement is a design-build contract for the construction of a new 350-bed facility to be completed by September 1, 2000. Under the proposed short-term (22-month) sublease, Atlantic will occupy selected, existing buildings on the state hospital grounds until the new facility is ready for occupancy. Prior to initiating construction of the new facility, DCF and Atlantic will return to the Board of Trustees for approval of a long-term sublease that will cover the grounds of the new facility.

Pursuant to section 18-2.018, F.A.C., the decision to authorize the use of Trustees-owned uplands requires a determination that such use is not contrary to the public interest. The Florida Legislature, pursuant to its 1997 legislation, has determined that the proposed sublease meets this criterion.

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 state hospital that is already in existence.

(See Attachment 14, Pages 1-25)

REQUEST: Consideration of a request to issue a 50-year, non-exclusive right-of-way easement to N.G. Wade Investment Company, and a 50-year, non-exclusive utility easement to WINCO Utilities, Inc., containing 46 acres, more or less.

COUNTY: Wakulla

Easement Numbers 29752 and 29754

APPLICANTS: N.G. Wade Investment Company and WINCO Utilities, Inc.

LOCATION: Sections 33, 34, 35, and 36, Township 02 South, Range 01 East, and Section 31, Township 02 South, Range 02 East.

CONSIDERATION: Previous donation of a 475-acre prison site and a 46-acre access road.

STAFF REMARKS: In February 1995, N.G. Wade Investment Company (NGW) donated approximately 475 acres to the Board of Trustees for lease to the Department of Corrections for a prison. The applicant also donated a 46-acre strip of land, 80 feet in width and approximately 21,120 feet in length, for an access road and utilities between State Road 363 and the prison. It was proposed that the Department of Corrections (DOC) would build the road and it would be dedicated either to the county or the Department of Transportation (DOT) for a public road right-of-way. Construction of the road has been completed, but its dedication has been delayed. The county does not want responsibility for the road, and DOT does not want responsibility for a secondary road. Negotiations are continuing with the county, but NGW wants to begin developing land it retained title to along the roadway it donated to the state and access and utilities are needed. Unfortunately, in an effort to simplify and expedite the donation process to facilitate construction of the prison, and because NGW expected the road to be dedicated by now, a formal agreement reserving an easement for access and utilities was not reduced to writing. As a result, NGW must now request an easement for access, and WINCO Utilities, Inc., (WINCO) must request an easement for utilities. Although NGW did not reserve an easement in its deed to the Board of Trustees, staff believes the intent was to allow access and utilities along the roadway as a condition of the donation. As further evidence of the parties’ intent, DOC and WINCO entered into an agreement on July 25, 1995, for the construction and maintenance of water and wastewater facilities on privately-owned land located along the access road to service the prison. Water and sewer lines to the prison run along the roadway. DOC supports the granting of both easement requests.

Pursuant to section 18-2.018, F.A.C., the decision to authorize the use of Trustees-owned uplands requires a determination that such use is not contrary to the public interest. Staff believes the proposed easements meet this criterion since the access easement utilizes an existing roadway and the utilities are already in place to service the prison.

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. A compliance agreement between the DCA and the local government has been finalized. The proposed action is consistent with the adopted plan according to a letter received from the Wakulla County Planning Department (WKPD). WKPD has indicated that curb cuts are reviewed at the time a site plan application is submitted for a site specific development. Applications are reviewed and approved on a case-by-case basis and may be approved at the time of application based on the merits of the site plan application. Although paragraph 37 of Easement No. 29752 authorizes the applicant to construct curb cuts no less than every 100 feet, the easement constitutes proprietary authorization only. Paragraph 10 of Easement No. 29752 requires the applicant to obtain all applicable county permits and comply with all applicable county permits, regulations, ordinances, rules, and laws. Inclusion of paragraph 37 in the easement does not negate the need for the applicant to comply with the county’s requirements.

(See Attachment 15, Pages 1-32)