board of trustees of the internal improvement trust

AGENDA
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
SEPTEMBER 23, 2014
Attachments to the items below can be viewed at the following link:
http://www.dep.state.fl.us/secretary/cab/public_notices.htm
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Item 1
Minutes
Submittal of the Board of Trustees’ Minutes from the August 19, 2014 Cabinet Meeting.
VOTING REQUIREMENT FOR APPROVAL: Two members, one of whom is the Governor,
when four members are voting; or any two members, when three members are voting.
(See Attachment 1 at http://www.dep.state.fl.us/secretary/cab/public_notices.htm)
RECOMMEND APPROVAL
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Item 2
Plum Creek Land Company Option Agreement/Florida’s First Magnitude Springs
Florida Forever Project/Designation
REQUEST: Consideration of (1) an option agreement to acquire 347.6 acres within the Florida’s
First Magnitude Springs Florida Forever project from Plum Creek Land Company; and (2)
designation of the Northwest Florida Water Management District as the managing agency.
VOTING REQUIREMENT FOR APPROVAL: Two members, one of whom is the Governor,
when four members are voting; or any two members, when three members are voting.
COUNTY: Washington
LOCATION: Sections 05 and 06, Township 02 North, Range 15 West
CONSIDERATION: $780,000
PARCEL
ACRES
Plum Creek
347.6
Land Company
APPRAISED BY:
Carlton
Sutte
(03/26/14) (03/26/14)
$782,100
$730,000
APPROVED
VALUE
$782,100
SELLER’S
PURCHASE
PRICE
$2,506,728*
TRUSTEES’
PURCHASE
PRICE
$780,000**
(99.73%)
OPTION
DATE
120 days after
BOT approval
* The tract was purchased on May 23, 2005 as part of a larger tract.
** $2,244 per acre.
STAFF REMARKS: The parcel is located within the Florida’s First Magnitude Springs Florida
Forever project. This project is ranked number 1 in the Florida Forever Partnerships and Regional
Incentives project category, which was approved by the Board of Trustees on June 17, 2014. The
project contains 15,134 acres, of which 9,073 acres have been acquired or are under agreement to
be acquired. If the Board of Trustees approves this agreement, 5,704 acres, or 38 percent of the
project, will remain to be acquired.
Board of Trustees
Agenda - September 23, 2014
Page Two
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Item 2, cont.
Project Description
Large springs of clear, continuously flowing water are among Florida’s most famous and important
natural and recreational resources. The cavernous, water-filled rocks of the Floridan Aquifer
supply the largest springs. By preserving land around springs, this project will aid in the protection
of springs, karst windows, and the Floridan Aquifer from the effects of commercial, residential,
and agricultural runoff; clearcutting and mining; and unsupervised recreation. This project will
ensure that Floridians and visitors from all over the world will be able to enjoy Florida springs for
years to come.
The 347.6-acre parcel (subject parcel) is located approximately two miles west of Vernon and
north of County Road 79. The subject parcel primarily consists of bottomland forest and floodplain
swamp along with dome swamp and upland pine. The subject parcel is located along Holmes
Creek and contains over 2,200 linear feet of creek frontage. The subject parcel is adjacent to the
Choctawhatchee River Water Management Area and the Glover Conservation Easement. If the
subject parcel is acquired, it will connect the two conservation areas.
Holmes Creek, which is primarily a spring fed creek, contains a total of 51 springs of which all
occur within a 25 mile reach of the creek. Additionally, 30 of the 51 springs occur on Northwest
Florida Water Management District (NWFWMD) owned lands. The subject parcel contains a 3rd
magnitude spring, known as Brunson Landing Spring, as well as two small unnamed seeps which
flow into Holmes Creek. The 3rd magnitude spring is a 30-foot-wide, steep-walled, bowl-shaped
area that is approximately 15 feet deep over the vent. Two small runs exit the spring pool and flow
approximately 350 feet to Holmes Creek and average less than 1 foot deep and 3 feet wide.
The 3rd magnitude spring is located approximately 500 feet west of a county-maintained boat ramp
located on the southeast corner of the subject parcel. The two smaller unnamed seeps are located
approximately 1 mile west of the 3rd magnitude spring. From the boat ramp, the 3rd magnitude
spring can be accessed by a footpath through the woods. The boat ramp, on the subject parcel, is
maintained by Washington County through a lease with Plum Creek Land Company.
Mortgages and Liens
All mortgages and liens will be satisfied at the time of closing. On June 22, 1999, the Board of
Trustees approved a staff recommendation to delegate to the Department of Environmental
Protection (DEP) the authority to review and evaluate marketability issues as they arise on all
chapter 259, F.S., acquisitions and to resolve them appropriately. Therefore, DEP will review,
evaluate, and implement an appropriate resolution for any title issues that arise prior to closing.
Closing Information
A title insurance policy, a survey, and an environmental site evaluation will be provided by the
purchaser prior to closing.
Board of Trustees
Agenda - September 23, 2014
Page Three
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Item 2, cont.
Management
The subject parcel will be managed by NWFWMD as an addition to the Choctawhatchee River
Water Management Area in cooperation with the Florida Fish and Wildlife Conservation
Commission. The subject parcel will be maintained in its current state, while continuing to allow
public access for fishing, hunting, canoeing, kayaking, boating, and hiking. Washington County
will continue to manage the boat ramp through a sublease from NWFWMD subsequent to closing.
Comprehensive Statement
This acquisition is consistent with section 187.201(9), F.S., the Natural Systems and Recreational
Lands’ section of the State Comprehensive Plan.
(See Attachment 2, Pages 1-35)
RECOMMEND APPROVAL
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Item 3
Florida Keys Land Co., Inc./Darryl E. Coons Option Agreement/Florida Keys
Ecosystem Florida Forever Project/Survey Waiver
REQUEST: Consideration of (1) an option agreement to acquire 928.37 acres within the Florida
Keys Ecosystem Florida Forever project from the Florida Keys Land Co., Inc., and Darryl E.
Coons, as Trustee of the Lloyd K. Johnson Revocable Trust; and (2) the authority to waive the
survey requirement, pursuant to rule 18-1.005, F.A.C.
VOTING REQUIREMENT FOR APPROVAL: Two members, one of whom is the Governor,
when four members are voting; or any two members, when three members are voting.
COUNTY: Monroe
LOCATION: Sections 06 and 07, Township 67 South, Range 28 East; Sections 01, 02, 07, 1115, 17, and 18, Township 67 South, Range 27 East; and Section 35, Township 66 South, Range 27
East
CONSIDERATION: $3,600,000
PARCEL
Johnson
*
ACRES
928.37*
APPRAISED BY
Benson
Gray
(03/07/14) (02/19/14)
$4,100,000 $3,600,000
MAXIMUM
APPROVED
VALUE
$4,100,000
SELLER’S
PURCHASE
PRICE
$**
TRUSTEES’
PURCHASE
PRICE
$3,600,000***
(88%)
OPTION
DATE
120 days after
BOT approval
The deed of conveyance will include property that is below the mean high water line; however, it is not part of the appraised
value or purchase price.
** Property is part of an estate. Deceased assembled property over numerous years prior to 2000.
*** $3,878 per acre.
Board of Trustees
Agenda - September 23, 2014
Page Four
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Item 3, cont.
STAFF REMARKS: The property is located within the Florida Keys Ecosystem Florida Forever
project, ranked number 1 in the Florida Forever Climate Change Lands project category, which
was approved by the Board of Trustees on June 17, 2014. The project contains 13,062 acres, of
which 6,669 acres have been acquired or are under agreement to be acquired. If the Board of
Trustees approves this agreement, 6,393 acres, or 49 percent of the project, will remain to be
acquired.
Project Description
The unique hardwood hammocks of the Florida Keys, forests of West Indian plants that shelter
several extremely rare animals, are being lost to the rapid development of these islands. Public
acquisition of property in the Florida Keys Ecosystem project will protect all the significant
unprotected hardwood hammocks left in the Keys, and many rare plants and animals, including
the Lower Keys marsh rabbit and Key deer. Acquisitions in this project will also help protect the
Outstanding Florida Waters of the Keys, the recreational and commercial fisheries, and the reefs
around the islands, and also give residents and visitors more areas for enjoying the natural beauty
of the Keys.
This property specifically supports multiple bird species such as the Gray Kingbird, Mangrove
Cuckoo, White Crown Pigeon, Bald Eagle, Osprey, and the Antillean Night Hawk. Bird watching
in the Keys, and more particular in this area of the Keys, is becoming known world-wide because
of the large pristine natural areas. This property and surrounding wetland areas also support
habitats for the Eastern Black Indigo Snake, Florida Key Deer, and sustained populations of North
American Crocodile and Marsh Rabbit.
Area of Critical State Concern
The Florida Keys Ecosystem project is located in an area designated as an Area of Critical State
Concern, pursuant to section 380.0552, F.S. This designation requires state and local governments
to focus on the protection of resources and public facilities of major statewide significance. Part
of the Legislative intent for this designation was to ensure that the population of the Florida Keys
be safely evacuated before a hurricane storm event. The acquisition of this property will prevent
future development and help continue efforts to sustain hurricane evacuations to under 24 hours.
Mortgages and Liens
All mortgages and liens will be satisfied at the time of closing. There is an oil, gas, and mineral
reservation outstanding from 1942 over a portion of the property. Any other oil, gas, and mineral
leases or reservations have either extinguished due to age or will merge with the property because
they are in favor of the Board of Trustees. On June 22, 1999, the Board of Trustees approved a
staff recommendation to delegate to the Department of Environmental Protection (DEP) the
authority to review and evaluate marketability issues as they arise on all chapter 259, F.S.,
acquisitions and to resolve them appropriately. Therefore, DEP staff will review, evaluate, and
implement an appropriate resolution for any title issues that arise prior to closing.
Board of Trustees
Agenda - September 23, 2014
Substitute Page Five
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Item 3, cont.
Survey Waiver
It is the opinion of DEP’s Bureau of Survey and Mapping that the available boundary information
is sufficient to reasonably protect the public’s interest, and any additional benefit derived from a
survey is minimal relative to cost. Therefore, a waiver of the requirement for a survey of this
property is being requested, pursuant to rule 18-1.005, F.A.C.
Closing Information
A title insurance policy and an environmental site evaluation will be provided by the purchaser
prior to closing.
Management
The property will be managed by FWC as an addition to the Florida Keys Wildlife and
Environmental Area and provide the public with a large area for bird watching, wildlife
observation, fishing, hiking, biking, kayaking, and conditional scientific studies overseen by FWC.
Loop Road and State Road 4A, which go through the property, shall be owned and maintained by
Monroe County in perpetuity, unless Monroe County and the state mutually agree otherwise.
Comprehensive Statement
This acquisition is consistent with section 187.201(9), F.S., the Natural Systems and Recreational
Lands’ section of the State Comprehensive Plan.
(See Attachment 3, Pages 1-72)
RECOMMEND APPROVAL
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Substitute Item 4 TPL Option Agreement (Bond Ranch)/Charlotte Harbor Flatwoods
Florida Forever Project
REQUEST: Consideration of an option agreement to acquire 669.17 acres within the Charlotte
Harbor Flatwoods Florida Forever project from The Trust for Public Land.
VOTING REQUIREMENT FOR APPROVAL: Two members, one of whom is the Governor,
when four members are voting; or any two members, when three members are voting.
COUNTY: Charlotte
LOCATION: Sections 22, 27, and 34, Township 42 South, Range 24 East
Board of Trustees
Agenda - September 23, 2014
Substitute Page Six
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Substitute Item 4, cont.
CONSIDERATION: $4,000,000
PARCEL
Bond
Ranch
ACRES
669.17
APPRAISED BY
Catlett
Pallardy
(07/31/14) (07/31/14)
$4,000,000 $3,500,000
APPROVED
VALUE
$4,000,000
SELLER’S
PURCHASE
PRICE
$4,000,000*
TRUSTEES’
PURCHASE
PRICE
$4,000,000**
(100%)
OPTION
DATE
October 28, 2014
* TPL has the property under contract and will close prior to the Board of Trustees’ closing.
** $5,978 per acre.
STAFF REMARKS: The parcel is located within the Charlotte Harbor Flatwoods Florida
Forever project. The project is ranked number 18 in the Florida Forever Partnerships and Regional
Incentives project category, which was approval by the Board of Trustees on June 17, 2014. The
project contains 19,559 acres, of which 16,332 acres have been acquired or are under agreement
to be acquired. If the Board of Trustees approves this agreement, 3,227 acres, or 16 percent of the
project, will remain to be acquired.
Project Description
Northwest of Fort Myers lies the largest and highest-quality slash-pine flatwoods left in southwest
Florida. The Charlotte Harbor Flatwoods project will protect these flatwoods and connect the
Charlotte Harbor State Buffer Preserve with the Babcock-Webb Wildlife Management Area
(WMA), helping to protect both of these managed areas and the waters of the Gasparilla SoundCharlotte Harbor Aquatic Preserve.
Property Description
The Bond Ranch property (subject parcel) currently has a calf/cow operation on it which will be
removed prior to closing. Access to the subject parcel is by a 100-foot-wide strip that was a former
railroad bed that connects the north boundary of the subject parcel to the south right of way of Oil
Well Road. The subject parcel floods during heavy rains and therefore has dikes and three pumps
with a permit that allows the owner to pump water from the subject parcel to maintain the grazing
of cattle. With the existing pump and dike system, the Bond Ranch is presently disrupting some
of the natural drainage flow in the area.
Through creative partnering, acquisition of the subject parcel could jump-start an ecosystem
restoration project that has been stalled for decades. The subject parcel abuts a portion the Florida
Department of Transportation’s (FDOT) I-75 widening project. State ownership and management
of the subject parcel, in coordination with FDOT, will result in safe, self-sustaining and productive
habitat for wildlife as well as offering significant water quality protection to Charlotte Harbor.
Acquisition of the subject parcel will significantly improve the water quality in the area. Currently,
during the wet season, the dike and pump system on the subject parcel disrupts the flow and causes
water to remain on Babcock-Webb WMA. The owner’s dike and pump system could run 12 hours
per day for five months per year during the wet season and result in a discharge of nutrients from
the calf/cow operation for 300 to 500 cattle. The dike and pump system on the subject parcel
Board of Trustees
Agenda - September 23, 2014
Substitute Page Seven
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Substitute Item 4, cont.
maintains and directs the groundwater flow and calf/cow nutrient-waste to Prairie Pines Preserve.
The dike system around the subject parcel results in flooding of large oak hammocks on BabcockWebb WMA. Discharges from the subject parcel also negatively affect the Prairie Pines Preserve.
Restoration of the subject parcel will restore the natural gravity flow out of Babcock-Webb WMA
and redirect it to Yucca Pens Unit. This restoration effort has many benefits to the public. The
economic benefit is estimated to be $10.1 million. The acquisition impacts and benefits the public
by (1) restoration of natural wet season areas in the southwest portion of Babcock-Webb WMA;
(2) nutrient reduction to Prairie Pines Preserve and the local groundwater recharge area; (3) saving
money by eliminating stormwater ponds along I-75 in the immediate area and reduces FDOT
mitigation for costs for future I-75 improvements; (4) wetland re-hydration to the south end of
Yucca Pens Unit that will increase groundwater levels in lands that drain into Gator Slough, north
of Cape Coral; and (5) initiating the first step of a regional watershed management strategy of the
South Florida Water Management District, Southwest Florida Water Management District, and
Department of Environmental Protection (DEP) to create a new flow-way from the subject parcel
to Yucca Pens Unit.
Mortgages and Liens
All mortgages and liens will be satisfied at the time of closing. On June 22, 1999, the Board of
Trustees approved a staff recommendation to delegate to DEP the authority to review and evaluate
marketability issues as they arise on all chapter 259, F.S., acquisitions and to resolve them
appropriately. Therefore, DEP staff will review, evaluate, and implement an appropriate
resolution for any title issues that arise prior to closing.
Closing Information
A title insurance policy, a survey, and an environmental site assessment will be provided by the
seller prior to closing. Buyer will reimburse the seller at closing.
Management
The property will be managed by the Florida Fish and Wildlife Conservation Commission as an
addition to the Babcock-Webb WMA.
Comprehensive Statement
This acquisition is consistent with section 187.201(9), F.S., the Natural Systems and Recreational
Lands’ section of the State Comprehensive Plan.
(See Attachment 4, Pages 1-32)
RECOMMEND WITHDRAWAL
Board of Trustees
Agenda - September 23, 2014
Page Eight
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Item 5
Cedar Key Aquaculture Farms, Inc. Aquaculture Leases/Modifications/Dog Island
Aquaculture Use Zone/Big Bend Seagrasses Aquatic Preserve
REQUEST: Approval to (1) modify three existing two-acre, ten-year sovereignty submerged land
aquaculture leases to authorize use of the full water column; and (2) authorize the Florida
Department of Agriculture and Consumer Services (FDACS) to modify existing or execute new
water column lease agreements for the remaining twenty-seven parcels in the Dog Island
Aquaculture Use Zone upon FDACS review of the leaseholder or applicant’s request.
VOTING REQUIREMENT FOR APPROVAL: Three votes
LOCATION: Big Bend Seagrasses Aquatic Preserve, Dog Island Aquaculture Use Zone, Levy
County, Florida
APPLICANT: Cedar Key Aquaculture Farms, Inc./Daniel T. Solano
CONSIDERATION: An annual fee of $86.92 per lease, representing a base annual rental fee of
$33.46 per acre or fraction thereof; and an annual surcharge of $10.00 per acre or fraction thereof,
pursuant to rule 18-21.022, F.A.C. The annual fee and surcharge collected will be deposited in
the General Inspection Trust Fund, pursuant to sections 597.010(5)(b) and (7), F.S.
STAFF REMARKS: The lessee is requesting consideration by the Board of Trustees to modify
the special lease conditions to allow use of the full water column, pursuant to section 253.68(1),
F.S. The lessee plans to test various floating cages and submerged racks to determine the most
productive system for oyster and scallop production. The lessee is a current submerged lands
leaseholder and an aquaculture certificate holder. Additionally, he is in compliance with the terms
and conditions of his existing leases and FDACS’ Aquaculture Best Management Practices.
The Dog Island Aquaculture Use Zone (AUZ) was approved by the Board of Trustees in 1995 and
is comprised of thirty, two-acre parcels that are all currently leased as aquaculture bottom leases
and used for shellfish cultivation. FDACS is requesting delegated authority to modify existing or
execute new water column lease agreements for parcels within the Dog Island AUZ upon the
leaseholder or applicant’s request.
Agency Review
FDACS has reviewed the applications for completeness and evaluated the business plans.
Additionally, FDACS has coordinated the review of the application with the Department of
Environmental Protection, the Florida Fish and Wildlife Conservation Commission, and the Levy
County Board of County Commissioners, pursuant to rule 18-21.021, F.A.C., and has received no
comments on the proposed lease modifications and associated activities.
The applicant is required to obtain a permit from the United States Coast Guard (USCG) for Private
Aids to Navigation. The USCG reviews each application individually and takes into consideration
many factors relating to navigation and boater safety including, but not limited to, location, water
depth, vessel traffic and density, types of vessels and marine life.
Board of Trustees
Agenda - September 23, 2014
Page Nine
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Item 5, cont.
Special Conditions
The leases will be subject to the terms and conditions applied to other aquaculture leases issued
throughout the state for the same purposes, including the provision that the transfer or sale of the
leases will not be approved during the first five years of the lease term. All existing standard lease
conditions will remain unchanged, including the remainder of the lessees’ ten-year renewable
terms which are set to expire on September 12, 2016.
The requirement to obtain a permit from the USCG for aids to navigation is a special condition of
the lease. Additionally, the applicant proposes gear which is not covered under FDACS general
permit and will require an Army Corps of Engineers individual permit. This requirement will also
be a special lease condition.
Public Interest
The Florida Aquatic Preserve Act provides that no further sale, lease, or transfer of sovereignty
submerged lands shall be approved within an aquatic preserve, unless the sale, lease, or transfer is
in the public interest. The Aquatic Preserve Act specifically provides that “aquaculture is in the
public interest and aquaculture leases may be authorized in aquatic preserves…” [Section
258.42(1)(b), F.S.] Accordingly, FDACS recommends that the Board of Trustees find that the
leases are in the public interest, as set forth in statute.
Noticing
The proposed lease modifications were noticed pursuant to section 253.70, F.S., and no objections
were received.
Comprehensive Plan
A consideration of the status of any local government comprehensive plan was not made for this
item. FDACS has determined that the proposed action is not subject to the local government
planning process.
(See Attachment 5, Pages 1-14)
RECOMMEND APPROVAL
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Item 6
Knight Aquaculture Leases/Modifications/Pelican Reef Aquaculture Use Zone/
Horseshoe Aquaculture Use Zone/Long Bar Aquaculture Use Zone/Big Bend
Seagrasses Aquatic Preserve
REQUEST: Approval to (1) modify two existing, ten-year sovereignty submerged land
aquaculture leases preempting three, two-acre parcels to authorize use of the full water column;
and (2) authorize the Florida Department of Agriculture and Consumer Services (FDACS) to
Board of Trustees
Agenda - September 23, 2014
Page Ten
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Item 6, cont.
modify existing or execute new water column lease agreements for the remaining parcels in the
Pelican Reef Aquaculture Use Zone, Horseshoe Aquaculture Use Zone, and Long Bar Aquaculture
Use Zone upon FDACS review of the leaseholder or applicant’s request.
VOTING REQUIREMENT FOR APPROVAL: Three votes
LOCATIONS: Big Bend Seagrasses Aquatic Preserve, Pelican Reef Aquaculture Use Zone,
Levy County, Florida; and Big Bend Seagrasses Aquatic Preserve, Horseshoe Aquaculture Use
Zone and Long Bar Aquaculture Use Zone, Dixie County, Florida
APPLICANTS: William E. Knight and William R. Knight
CONSIDERATION: An annual fee of $86.92 per parcel, representing a base annual rental fee
of $33.46 per acre or fraction thereof; and an annual surcharge of $10.00 per acre or fraction
thereof, pursuant to rule 18-21.022, F.A.C. The annual fee and surcharge collected will be
deposited in the General Inspection Trust Fund, pursuant to sections 597.010(5)(b) and (7), F.S.
STAFF REMARKS: The lessees are requesting consideration by the Board of Trustees (BOT)
to modify the special lease conditions to allow use of the full water column, pursuant to section
253.68(1), F.S. This request is to modify two aquaculture leases which preempt three, two-acre
parcels. Past practices allowed multiple parcels per lease, but FDACS’ Division of Aquaculture
is in the process of dividing and assigning new lease numbers to all leases encumbering multiple
parcels.
The lessees plan to test various cages and deployment methods in different levels of the water
column to determine the most productive system for culturing oysters. The lessees are current
submerged lands leaseholders and aquaculture certificate holders. Additionally, they are in
compliance with the terms and conditions of their existing leases and FDACS Aquaculture Best
Management Practices. The applicants are joint leaseholders and business partners, as well as
father and son.
The Pelican Reef Aquaculture Use Zone (AUZ) was approved by the BOT in 1997 and is
comprised of ninety, two-acre parcels, with three of those being unoccupied. Horseshoe AUZ and
Long Bar AUZ were approved by the BOT in 1992 and are comprised of sixty-four and nineteen,
two-acre parcels respectively. Horseshoe AUZ contains fifty-three unoccupied parcels and Long
Bar AUZ contains thirteen unoccupied parcels. The parcels are currently authorized for
aquaculture bottom leases used for shellfish cultivation. FDACS is requesting delegated authority
to modify existing or execute new water column lease agreements for parcels within the Pelican
Reef AUZ, Horseshoe AUZ, and Long Bar AUZ upon FDACS review of the leaseholder or
applicant’s request.
Board of Trustees
Agenda - September 23, 2014
Page Eleven
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Item 6, cont.
Agency Review
FDACS has reviewed the applications for completeness and evaluated the business plans.
Additionally, FDACS has coordinated the review of the application with the Department of
Environmental Protection, the Florida Fish and Wildlife Conservation Commission, and the Levy
and Dixie County Board of County Commissioners, pursuant to rule 18-21.021, F.A.C., and has
received no comments on the proposed lease modifications and associated activities.
The applicant is required to obtain a permit from the United States Coast Guard (USCG) for Private
Aids to Navigation. The USCG reviews each application individually and takes into consideration
many factors relating to navigation and boater safety including, but not limited to, location, water
depth, vessel traffic and density, types of vessels and marine life.
Special Conditions
The leases will be subject to the terms and conditions applied to other aquaculture leases issued
throughout the state for the same purposes, including the provision that the transfer or sale of the
leases will not be approved during the first five years of the lease term. All existing standard lease
conditions will remain unchanged, including the remainder of the lessees’ ten-year renewable
terms which are set to expire on March 11, 2017 and March 5, 2020.
The requirement to obtain a permit from the USCG for aids to navigation is a special condition of
the leases. Additionally, the applicants propose gear which is not covered under FDACS general
permit and will require an Army Corps of Engineers individual permit. This requirement will also
be a special lease condition.
Public Interest
The Florida Aquatic Preserve Act provides that no further sale, lease, or transfer of sovereignty
submerged lands shall be approved within an aquatic preserve, unless the sale, lease, or transfer is
in the public interest. The Aquatic Preserve Act specifically provides that “aquaculture is in the
public interest and aquaculture leases may be authorized in aquatic preserves…” [Section
258.42(1)(b), F.S.] Accordingly, FDACS recommends that the Board of Trustees find that the
leases are in the public interest, as set forth in statute.
Noticing
The proposed lease modifications were noticed pursuant to section 253.70, F.S., and no objections
were received.
Comprehensive Plan
A consideration of the status of any local government comprehensive plan was not made for this
item. FDACS has determined that the proposed action is not subject to the local government
planning process.
(See Attachment 6, Pages 1-13)
RECOMMEND APPROVAL

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