Submittal of the Minutes of the August 24, 1999 Cabinet Meeting.

COUNTY: Duval County

File No. 16-153124-001-EI

Public Easement No. 30334

Easement File No. 160220392

APPLICANT: Jacksonville Port Authority

Aquatic Preserve: No

Outstanding Florida Waters: Yes, Timucuan Ecological and Historic Preserve

CONSIDERATION: No fees are required for public easements at this time. The project qualifies for a waiver of the severance fees pursuant to 18-21.011(3)(c), 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 Denial," which is attached. The attached consolidated notice contains a recommendation for denial of a permit under Part IV of chapter 373, F.S., and a recommendation for denying authorization to use sovereignty 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 denial of the authorization to use sovereignty submerged lands is contained in Section III, "Reasons for Denial."

Approval by the Board of Trustees is requested only for those aspects of the activity which require authorization to use sovereignty submerged lands. If the Board of Trustees approves the request to use sovereignty submerged lands and the activity also qualifies for an environmental resource permit, a 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 lands, whether or not the activity otherwise qualifies for an environmental resource permit, the DEP will issue a "Consolidated Notice of Denial" for both the environmental resource permit and the authorization to use sovereignty submerged lands.

The Board of Trustees has delegated certain review and decision-making authority regarding the use of sovereignty submerged lands to the DEP pursuant to section 18-21.0051, F.A.C. Requests for sovereign submerged lands public easements are delegated to the DEP for approval. However, pursuant to section 18-21.0051(4), F.A.C., the DEP is presenting this item for consideration by the Board of Trustees because of the controversial nature of the project.

The applicant is proposing to dredge a 2,150-foot-long by 30-foot-wide (maximum) portion of St. Johns Creek, a small tidal creek connected to the St. Johns River. All of the dredging will occur within the open waters of the creek and the maximum depth is to be –4 feet mean low water. The applicant has stated that residents along the creek contend and have contended for many years that spoil disposal operations adjacent to the creek have resulted in excessive shoaling and sedimentation within the open water channel of the creek. The Jacksonville Port Authority (JPA) does not contest the contentions of the residents and has agreed to obtain the necessary authorizations and permits to dredge the creek channel.

The spoil disposal operations are associated with the U. S. Army Corps of Engineers and JPA maintenance of the shipping channel for the Jacksonville deepwater port. The spoil disposal operations adjacent to the creek are conducted on a parcel of property known as Bucks Island. The JPA has a lease agreement with the Board of Trustees, Lease No. 3544, over the island for the purposes of disposal of dredged material from the existing shipping channel. According to the JPA, spoil material has been disposed at the island since the 1940’s while in private ownership and the JPA has continued the disposal operations since the island’s purchase by the State of Florida in 1987.

The JPA has applied three times in the past to dredge the creek, all under the same premise that the spoil operations caused shoaling within the open waters of the creek. The first application was submitted in January 1977, the second application in October 1993, and the third in September 1994. The first two applications would have resulted in the elimination of existing salt marsh vegetation along the creek with no mitigation proposed to offset the loss. Both applications were denied for this reason. The September 1994 application was submitted after the creek, located within the Timucuan Ecological and Historic Preserve, was designated an Outstanding Florida Water. In the September 1994 application, the JPA proposed to restrict the dredging to the open waters of the creek with no impacts to the existing salt marsh. However, the JPA did not provide reasonable assurances that the project would be "clearly in the public interest" pursuant to chapter 403.918(2), F.S. [now section 373.414, F.S.] and the application was denied.

The JPA submitted this environmental resource permit application on March 10, 1999, to dredge a 30-foot-wide portion of the open waters of the creek with disposal of the dredged material on Bucks Island. To satisfy the "clearly in the public interest" criteria required in section 373.414, F.S., the JPA has proposed to assist the City of Atlantic Beach in improving an existing culverted road crossing to create a canoe trail around Dutton Island, a recently purchased passive public park. The DEP has determined that this proposal is acceptable to satisfy the "clearly in the public interest" criteria and that the JPA has met the requirements necessary for an environmental resource permit.

The proprietary authorizations for the first three applications were never completed since JPA did not receive a regulatory permit. In this application, the JPA is requesting authorization to conduct a one-time dredging event to "restore" the creek. The JPA has requested that the public easement be time-limited such that it expires following completion of the dredging. For this reason the JPA is requesting a waiver of the survey requirement. On May 14, 1991, the

Board of Trustees approved waiving the survey requirements for projects involving leases for certain unregistered grandfather structures and multi-family residential structures, facilities preempting less than 3,000 square feet and for public easements requested by local governments or the Florida Department of Transportation for bridges constructed prior to March 27, 1982. While the JPA’s request for a waiver of the survey requirement does not meet the criteria approved by the Board of Trustees, because of the "one-time" nature of the dredging, the time limited easement and the limited scope of the dredging, granting the survey waiver would reduce the burden on the applicant.

The proposed dredging will be conducted within or directly adjacent to the riparian area of 14 private homeowners and the National Park Service (NPS), managers of the Fort Caroline National Memorial, Timucuan Ecological and Historic Preserve. The DEP required the JPA to obtain the consent from these upland riparian owners to conduct the dredging, pursuant to section 18-21.009(1)(c), F.A.C. The 14 private homeowners consented to the dredging project. However, the NPS has stated and maintains that the creek and marsh are functioning as a normal tidal creek system, and that no evidence has been submitted by the JPA to indicate that the shoaling in the creek is a result of the spoil disposal operations on Bucks Island. The NPS has not supported the dredging of this creek since 1993, and as a riparian owner did not provide the applicant with consent for this project. Section 18-21.009(1)(c), F.A.C., requires that the applicant provide consent of the upland owners for the proposed use. Since the applicant did not obtain the required consent from the NPS, the project does not meet all applicable requirements for a proprietary authorization to use sovereignty submerged lands. By not meeting all applicable rule requirements, staff considers the project to be contrary to the public interest, and therefore, inconsistent with section 18-21.004(1)(a), F.A.C, that states that all activities on sovereignty lands must be "not contrary to the public interest." For these reasons, staff is recommending denial of the proposed public easement. If the NPS amends its position and provides consent, DEP would recommend approval.

The JPA states in an August 25, 1999 letter that their consulting engineers agree with their original position that the material in the creek, St. Johns River and Bucks Island is "all the same material." The letter further states that the "issue of how the sand was deposited in the creek could not be resolved by any technical means that would provide definitive results" and requests that the NPS withdraw its objections.

DEP site inspections and a report in 1978 reached the same conclusion as the NPS. The 1978 DEP report basically states that the site inspections did not indicate any obvious evidence that changes in the creek were a direct result of the spoiling operations on Bucks Island. A subsequent site inspection by DEP in 1993 indicated that the conditions and water depths within the creek system were similar to those found in 1978.

The Florida Fish and Wildlife Conservation Commission, Bureau of Protected Species Management, has recommended that standard manatee construction conditions be included as a specific condition of the environmental resource permit.

Pursuant to section 18-21.009, F.A.C., the JPA is not required to obtain a local consistency determination from the local government for public easements.

COUNTY: Martin County

Lease No. 430076928

Application No. 43-0112228-001

APPLICANT: Robert J. Skidmore, Sr.

d/b/a Northside Marina

CONSIDERATION: $47,422.01, representing the initial lease fee computed at the base rate of $0.1156 per square foot, and including the initial 25 percent surcharge payment for the additional area. Sales tax will be assessed pursuant to 212.031, F.S., if applicable. The lease fee may be adjusted based on six percent of the annual rental value 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 sovereignty 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 sovereignty submerged lands 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 lands. If the Board of Trustees approves the request to use sovereignty submerged lands and the activity also qualifies for an environmental resource permit, 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 lands, whether or not the activity otherwise qualifies for an environmental resource permit, the DEP will issue a "Consolidated Notice of Denial" for both the environmental resource permit and the authorization to use sovereignty submerged lands.

The lessee is proposing to expand an existing 106-slip commercial marina by constructing 56 additional slips and removing six slips, thereby creating a 156-slip facility. The existing sovereignty submerged lands lease preempts 177,555 square feet. This lease was originally approved by the Board of Trustees on May 6, 1980, for 175,397 square feet, and was subsequently expanded under delegation of authority to the current preemption. Within this

leased area is a 10-foot-wide by 666-foot-long access pier with five 8-foot-wide lateral extensions of varying lengths and associated finger piers, for a total of 106 slips.

The lessee is proposing to install an 8-foot-wide by 350-foot-long floating concrete dock with an associated 8-foot-wide by 300-foot-long "T" platform, install an 8-foot-wide by 460-foot-long floating concrete dock for the purpose of docking and wave-breaking, and install 56 mooring pilings. Work at this site will delete six slips from the existing configuration and add 56 slips. This expansion will increase the preempted area of the existing lease from 177,555 square feet to 363,691 square feet, more or less.

The existing upland facility is characterized by an upland boat sales office, marine store and restaurant facility. There is no upland dry storage. The facility is located in the St. Lucie River in an area of good flushing with water depths ranging from -4 feet mean low water to -9 feet mean low water. No submerged aquatic vegetation or other significant resources have been found in the project area.

An inspection of the facility was conducted on March 4, 1999, and the facility was found to be out of compliance with the existing lease. The facility had an unauthorized concrete floating dock outside the existing lease area. The structure was moved to an area where there is an existing lease and the issues were addressed through a short form consent order (DEP Office of General Counsel File No. 99-1182). The DEP imposed penalties in the amounts of $650 for the regulatory and $1,000 for the proprietary violations. At this time, all violations have been corrected and all penalties have been paid.

The proposed project is not located in an aquatic preserve. Staff is of the opinion that the proposed project is not contrary to the public interest.

The DEP environmental resource permit prohibits liveaboards. The existing fueling facilities and sewage pumpout facilities were previously authorized in Department of Environmental Regulation Permit No. 430076928, issued September 19, 1980.

According to the Florida Fish and Wildlife Conservation Commission, Bureau of Protected Species Management, the proposed project will not significantly affect the endangered manatee so long as the applicant: (1) follows the standard manatee construction conditions for all in-water construction; (2) installs and maintains permanent manatee information and/or awareness sign(s) to increase boater awareness of the presence of manatees and the need to minimize the threat of boats to these animals; and (3) installs and maintains a literature display to distribute (at no charge) copies of the "Martin County Manatee Protection Zones" booklets to boaters using the docking facility. These items have been included as specific conditions in the environmental resource permit.

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

(See Attachment 3, Pages 1-29)

COUNTY: Charlotte

Lease No. 080000095

APPLICANT: City of Punta Gorda

Aquatic Preserve: No

Manatee Area idle/slow speed/caution zone: Yes

Outstanding Florida Waters: No

CONSIDERATION: $21,467.82 representing (1) $16,448.26 as the initial lease fee for the 120,095-square-foot boat slip area computed at the base rate of $0.1156 per square foot and including the 25 percent surcharge for the additional lease area subject to lease fees; (2) $139.56 as lease fees in arrears, including interest, for the unauthorized use of sovereignty submerged land from May 1, 1995, through September 9, 1997; and (3) $4,880 as administrative fines for the unauthorized use of sovereignty submerged land. The lease fees in arrears and administrative fines have already been collected. The project qualifies for waiver of the severance fee pursuant to section 18-21.011(3)(c), F.A.C. Sales tax will be assessed pursuant to section 212.031, F.S., if applicable. The lease fee may be adjusted based on six percent of the annual rental value pursuant to section 18-21.011, F.A.C.

STAFF REMARKS: The lessee is proposing to expand an existing 20-slip commercial docking facility by constructing 60 additional boat slips, thereby creating an 80-slip facility. The original sovereignty submerged lands lease was approved by the Board of Trustees on September 23, 1986, for 20 boat slips and the preemption of 272,320 square feet. The lease was renewed by the Department of Natural Resources in 1991 and by the Department of Environmental Protection (DEP) in 1996, pursuant to a delegation of authority.

On June 15, 1995, the Board of Trustees granted conceptual approval to add 80 boat slips and increase the preempted area to 274,320 square feet. The lessee was required to return to the Board of Trustees for final approval. The conceptual approval was granted because the application was incomplete, lacking an approved Development of Regional Impact (DRI) and an acceptable survey and legal description. The lessee has since provided a copy of a March 18, 1997 letter from the Department of Community Affairs (DCA) stating it would not appeal the Development Order for the Punta Gorda Harbor Development of Regional Impact (no. 97-013). The lessee has also provided a survey and legal description.

The existing lease preempts 272,320 square feet of sovereignty submerged lands. It includes a 20-slip commercial docking facility preempting 31,331 square feet, a 400-foot-long public fishing pier operated by the lessee at no charge to the public and preempting 4,800 square feet, and a 236,189-square-foot open water area adjacent to the existing docking facility. Pursuant to the 1986 Board of Trustees’ action, lease fees are currently assessed against only 31,331

square feet of the lease area where there are existing boat slips being rented by the lessee. The

remaining 240,989 square feet is not subject to lease fees. This open water area was included in the lease in 1986 to give the lessee authority to prevent a growing and dangerous mid-water mooring problem within the marina basin at that time.

In addition to the existing structures, the modified lease will authorize: two 6-foot-wide by 250-foot-long access walkways extending from the existing T-dock, with a total of thirty 4-foot-wide by 30-foot-long finger piers; an existing unauthorized 12-foot-wide by 121-foot-long extension to the fishing pier, and a proposed 12-foot-wide by 40-foot-long terminal platform with benches, lights and a new fish cleaning station; and a 100-foot-wide by 500-foot-long navigational access channel. The 121-foot-long fishing pier extension was recently constructed by the lessee based on the regulatory authorization granted by the wetland resource permit (no. 082032119) issued by the Department of Environmental Regulation (DER) on January 13, 1993. That permit did not include authorization from the Board of Trustees. Therefore, pursuant to the Board of Trustees’ administrative fine policy of August 14, 1992, an administrative fine in the amount of $3,630 was assessed and collected by DEP.

Between May 1995 and September 1997, the lessee allowed a local river cruise boat operator to moor his commercial vessel adjacent to the existing "T" dock. Mooring of the cruise boat was discontinued in September 1997. The "T" dock is within the area for which lease fees are not assessed. Since mooring of that vessel constituted a revenue generating/income related activity pursuant to section 18-21.003(44), F.A.C., the lessee should have been paying lease fees on that area during that time. Therefore, lease fees in arrears, including interest, in the amount of $139.56 were assessed and collected by DEP. That unauthorized mooring also constituted a violation of the lease. Therefore, an administrative fine in the amount of $1,250 was assessed and collected by DEP.

The applicant is also proposing to dredge 32,000 cubic yards of sovereign material to create a consistent depth of -7 feet NGVD within the marina basin. Pursuant to section 18-21.011(3)(c), F.A.C., a waiver of the dredge fees may be granted if the materials are placed on public property and used for public purposes, or if the dredged material has no economic value. The spoil will be temporarily placed in an upland spoil site and will ultimately be relocated to upland areas of the lessee’s Nature Park or the newly established History Park. Any material not suitable for fill at these sites will be transported to a landfill owned by Charlotte County. Therefore, the applicant qualifies for the waiver of the severance fee.

A portion of the permitted dredge area lies within the nearshore area landward of the proposed docking facility expansion pursuant to the modified DEP wetland resource permit. Section 18-21.004(2)(a), F.A.C., states that sovereignty lands shall be managed primarily for the maintenance of essentially natural conditions. Section 18-21.004(2)(g), F.A.C., states that severance of materials from sovereignty lands shall be approved only if the proposed dredging is the minimum amount necessary to accomplish the stated purpose and is designed to minimize the need for maintenance dredging. Since there will be no navigation in this nearshore area, it does not need to be dredged, and dredging this area would exceed the minimum amount necessary to provide sufficient depths for vessels to be moored at the docking facility. Therefore, staff recommends that approximately 28,474 cubic yards of sovereign material be dredged. A special lease condition has been included to prohibit dredging in the nearshore area.

Lease fees are recommended to be assessed on 120,095 square feet of lease area preempted by the existing and proposed revenue-generating docking facility. Lease fees are not recommended to be assessed for the fishing pier because the pier is open to the public at no

charge. Pursuant to Board of Trustees action on August 9, 1988 (Patten), the form of consent for the navigation channel would typically be an easement. However, DEP is of the opinion that because the lessee has determined the project to be a public project, no fee would be assessed for the channel. Therefore, rather than creating a separate easement instrument for which no fee is obtained, DEP recommends that the channel be included in the lease area and that no fee be assessed.

As part of a development agreement between the lessee and the upland developer, 30 of the 60 new boat slips are proposed to be exclusively available to purchasers of non-riparian condominium units. Upon the sale of the last non-riparian condominium unit, any of the 30 boat slips not leased to a unit purchaser may be leased to the general public. Such reserved slips could be considered an ownership-oriented facility pursuant to section 18-21.003(36), F.A.C., and would thus be subject to the standards and criteria for such facilities in section 18-21.004(4)(a), F.A.C. The rule would limit the ownership-oriented portion of the docking facility to 23 wet slips. The lessee has acknowledged this requirement, which has been addressed as a special approval condition and a special lease condition similar to those approved by the Board of Trustees on February 12, 1991, and December 12, 1995 (Island Marina, Inc.) for a similar project. Additionally, section 18-21.004(4)(a), F.A.C., for ownership-oriented facilities, requires the lessee to record a conservation easement for approximately 459 linear feet of shoreline. This has been addressed as a special approval condition. Pursuant to section 18-21.011(1)(c)3.f., F.A.C., the one-time premium payment for ownership-oriented facilities is not assessed for this portion of the docking facility, because at least 50 percent of the slips at the overall marina will be open to the public on a first-come, first-served basis.

The riparian upland property consists of a 38-acre public park (Laishley Park) that is being redeveloped by the lessee into a multiple-use redevelopment project known as Punta Gorda Harbor. Current development plans underway include the construction of 60 residential condominium units, 80,000 square feet of retail space, 70,000 square feet of office space, a 6.5-acre park, a 1.1-acre public parking area, an 1,800-foot-long harbor walk and a 10-acre county Justice Center. Pursuant to a development agreement between the lessee and the developer, the lessee will operate the proposed modified marina. The lessee will retain ownership of the entire shoreline within the Punta Gorda Harbor project.

The DER wetland resource permit (no. 082032119), issued on January 13, 1993, authorizes the proposed fueling and sewage pumpout facilities and prohibits liveaboards. At the lessee’s request, the permit was modified by DEP on January 26, 1998, to: (1) extend the expiration date two years to January 13, 2000; (2) reduce the number of new slips from 80 to 60, and realign the docks; (3) delete a proposed batter board breakwater; and (4) keep and repair an existing public boat ramp currently located within an area formerly deeded (in 1947) by the Board of Trustees to the Department of Transportation as right-of-way for the construction of U.S. 41. On August 26, 1998, the permit was modified to increase the fishing pier’s terminal platform.

The lessee is currently not in compliance with the DEP wetland resource permit. The permit violation is because of the lessee’s failure to enter into and record a long term Binding Agreement for some of the special permit conditions. These permit conditions pertain to operation of the overall marina. On August 27, 1999, DEP made the lessee aware of this violation. The lessee is scheduled to execute the Binding Agreement at the October 6, 1999 meeting of the Punta Gorda City Council, with recording to occur shortly thereafter. In light

of the lessee’s stated intent to execute and record the Binding Agreement, and because the additional boat slips have not been constructed, permit compliance is being achieved without formal enforcement action. A special approval condition requires the lessee to execute and record the Binding Agreement prior to receipt of a fully executed modified lease.

The DRI application originally included a 245-unit dry storage facility. The lessee has stated to DEP that the dry storage facility is no longer contemplated because of the lessee’s intent to: (1) keep and maintain the existing public boat ramp; and (2) designate 23 slips for use by the condominium unit buyers pursuant to the development agreement between the lessee and the developer. A special lease condition has been included to clarify that construction of a dry storage facility will be considered a modification of the lease, thereby requiring prior Board of Trustees consideration.

Regarding manatee protection, the Florida Fish and Wildlife Conservation Commission, Bureau of Protected Species Management (f/k/a DEP, Division of Marine Resources) recommended on December 12, 1997, that the lessee (a) comply with the standard manatee protection construction conditions for all in-water construction; (b) install manatee caution signs and informational displays; and (c) install and maintain at the boat ramp and near the wet and dry slips a "You Are Here" type of sign, which includes a depiction of the slow speed zone. Items (a) and (c) were included in the DEP wetland resource permit and therefore were not included as a special lease condition. However, item (b) has been included as a special lease condition.

The proposed project was not required to be noticed pursuant to section 253.115(5)(i), F.S., because of exemptions for lease modifications. However, DEP received an objection from an anonymous group calling themselves the Citizens of Punta Gorda that was addressed to the Insurance Commissioner. The concerns raised in the objection received addressed (1) negotiations by the City Redevelopment Authority for the upland development, including impact fee waivers and bonding issues; (2) reserving slips at the marina to condominium unit purchasers and others; and (3) potential irregularities regarding construction of a public fishing pier at nearby Gilchrist Park. Staff is of the opinion that items (1) and (3) are local government issues not within the purview of the Board of Trustees; and item (2) is addressed by Board of Trustees review of the requested lease modification and the recommended special lease conditions.

Pursuant to section 163.3194(3)(b), F.S., a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of the development are compatible with and further the objectives, policies, land uses, and densities or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. The proposed action is consistent with the adopted Comprehensive Plan according to a letter received from the City of Punta Gorda.

COUNTY: Highlands

APPLICANT: Florida Fish and Wildlife Conservation Commission

LOCATION: Section 25, Township 39 South, Range 29 East; and Section 30, Township 39 South, Range 30 East

CONSIDERATION: $485,625

APPRAISED BY SELLER’S TRUSTEES’

REVIEW Holden APPROVED PURCHASE PURCHASE OPTION

NO. SELLER ACRES (09/22/98) VALUE PRICE PRICE DATE

916___ Johnson & 262.5 $498,750 $498,750 * $485,625 11/15/99

Waltco

STAFF REMARKS: This acquisition was negotiated by the Florida Fish and Wildlife Conservation Commission (FWCC) under the P2000 program. This property adjoins the Platt Branch Mitigation Park and is on the current FWCC Acquisition list. The parcel will not be used for the issuance or sale of mitigation credits or to offset mitigation requirements.

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.

The seller will provide an environmental site assessment, a boundary survey and a title insurance policy prior to closing. The acquiring agency will reimburse the seller’s cost of these items contingent upon the FWCC and the Department of Environmental Protection, Division of State Lands’ approval of each item, along with their associated costs, and upon conveyance of the property to the state.

This parcel, extending eastward from the Platt Branch Mitigation Park to Detjens Dairy Road (formerly State Road 17), consists of mesic flatwoods, pasture, abandoned palmetto rangeland, scrub, and freshwater marsh. Approximately 60 percent of the tract consists of pasture, abandoned rangeland and scrub, with the remaining 40 percent composed of flatwoods forest and marsh. Bordering the eastern boundary of Platt Branch Mitigation Park, this parcel will provide additional watershed protection for Platt Branch, which is a tributary to Fisheating Creek. The tract supports scrub jays and provides habitat for a good population of gopher tortoises. Currently, access for management and public use of Platt Branch is via a private road maintained by the Placid Farms Homeowners Association. Acquisition of this property will allow staff to locate and construct management facilities and provide public access directly from Detjens Dairy Road, avoiding conflicts with nearby residents, while providing greatly improved access to the mitigation park. It will also create a more complete pattern of ownership for the mitigation park and enhance the overall management.

The property will be managed by the FWCC as an addition to the Platt Branch Mitigation Park for natural resource conservation and resource-based public outdoor recreation within a multiple-use management regime.

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 1-33)

RECOMMEND APPROVAL

LOCATION:  Sections 07 through 09, 16 through 21, and 26 through 35, Township 39 South, Range 31 East; Sections 02 through 36, Township 40 South, Range 31 East; Sections 07, 08, 17 through 19, and 28 through 33, Township 40 South, Range 32 East; Sections 01 through 07, Township 41 South, Range 31 East; Sections 04 through 06, and 09, Township 41 South, Range 32 East; Sections 13, 24, 25, 31 through 33, and 36; Township 40 South, Range 30 East; Sections 01 through 12, Township 41 South, Range 30 East; Sections 04 through 09, 16 through 23, and 25 through 36, Township 40 South, Range 29 East; and, Sections 14, 23 through 26, and 36, Township 40 South, Range 28 East.

CONSIDERATION:  $_________ ($_________ for the acquisition; $_________ for the purchase of the purchase agreement)

APPRAISED BY

REVIEW Ryan Holden APPROVED PURCHASE CLOSING

NO. PARCEL ACRES (06/24/99) (06/24/99) VALUE PRICE DATE

All mortgages and liens will be satisfied on the fee parcel 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.

The project would provide significant protection to natural communities along Fisheating Creek, and thereby assist in maintaining and possibly improving the status of several rare plant and animal communities. Achieving this objective will help to secure the survival of the Florida panther in this state, as well as protect many other rare and endangered animals and a number of migratory bird species.

Section 259.032(9)(b)2., F.S., requires that the Board of Trustees, concurrent with its approval of the initial acquisition agreement within a project, "evaluate and amend, as appropriate, the management policy statement for the project as provided by section 259.035, F.S., consistent with the purposes for which the lands are acquired." The management policy statement for this project was included in the 1999 CARL Interim Report adopted by the Board of Trustees on May 25, 1999. Staff recommends that the Board of Trustees confirm the revised management policy statement as follows:

1. to conserve and protect natural communities along the shores of the Fisheating Creek, and thereby assist in maintaining and possibly improving the status of several rare plant and animal communities. Achieving this objective will help to secure the survival of the Florida panther in this state,

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 1-6)

RECOMMEND APPROVAL