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1 AGENDA BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND JUNE 14, 2017 Attachments to the items below can be viewed at the following link: Item 1 Minutes Submittal of the Board of Trustees Minutes from the March 14, 2017 and April 11, 2017 Cabinet Meetings. 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 RECOMMEND APPROVAL Item 2 St. Martins Marsh Aquatic Preserve Management Plan REQUEST: Consideration of a request to approve the St. Martins Marsh Aquatic Preserve Management Plan. 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: Citrus APPLICANT: Florida Department of Environmental Protection s Office of Coastal and Aquatic Managed Areas LOCATION: The St. Martins Marsh Aquatic Preserve (SMMAP) is located along the west central coast between the city of Crystal River and the town of Homosassa. STAFF REMARKS: Overview SMMAP was designated by the Florida Legislature in October 1969 and covers approximately 28,400 acres of state-owned sovereign submerged lands. Under Chapter 258, Part II, F.S., aquatic preserves are set aside to be maintained in essentially the natural condition for the benefit of future generations. SMMAP is composed of largely undeveloped areas of inlet bays, tidal rivers, mangrove swamps, seagrass beds, and salt marshes. This estuarine system provides critical nursery grounds for various fish and invertebrate species of recreational and commercial importance, as well as important rookery grounds for migratory bird species, even providing a southern terminus for some species. The salt marshes of SMMAP are part of a larger extent of marshes that dominant

2 Page Two Item 2, cont. the transitional zone between land and estuary along the Gulf Coast. SMMAP s most well-known natural community, like the neighboring Big Bend Seagrasses Aquatic Preserve, is its seagrass beds. The seagrass beds serve as the basis for complex food webs in SMMAP, providing feeding grounds for various species including many endangered or threatened species such as the Florida manatee (Trichechus manatus latirostris) and several sea turtle species. The pristine SMMAP, in conjunction with adjacent conservation lands, supports a diverse ecosystem, benefiting both the natural habitat and economy of surrounding populations. SMMAP s natural coastal resources and recreational opportunities draw a variety of year-round nature enthusiasts with activities including boating, fishing, kayaking, and bird watching. Management Plan Public Involvement The management plan is the result of several years of work from initial drafting to final approval. The following opportunities for public participation were provided: One advisory committee meeting: September 29, 2016; Two public meetings: September 28, 2016, and April 21, 2017 (Acquisition and Restoration Council) to receive public comment on the draft management plan. Management Plan Overview The hallmark of Florida s Aquatic Preserve Program is that each site s natural resource management efforts are designed in direct response to unique local and regional issues. In this management plan, SMMAP characterizes its issues and delineates the unique goals, objectives, and strategies that will set the framework for meeting the challenges presented by these issues. The goals, objectives, and strategies employed to address issues of SMMAP are specific to the ecological and socioeconomic conditions present within and around this site. The management plan identifies the following issues and goals: Water Quality Goals: o Further develop and improve the strategic, long-term water quality monitoring program within SMMAP that will assist with identifying and addressing issues pertaining to the natural resources. o Provide timely and accurate water quality data to the public and other entities/agencies. Management and Protection of Seagrasses Goal: o Manage seagrass communities through research and monitoring, education and outreach efforts, continued resource management and collaborative mapping efforts to effectively protect and maintain this habitat throughout SMMAP. Natural Resource Obstacles Goals: o Document the natural resources in SMMAP. o Educate the public about the importance of SMMAP s history, natural resources, and cultural resources.

3 Page Three Item 2, cont. Public Use Goal: o Maintain a safe and natural environment for SMMAP s wildlife, habitats, and user groups. Acquisition and Restoration Council Approval The Acquisition and Restoration Council approved the following management plan at its April 21, 2017 meeting. The management plan can be accessed at SMMAP Management Plan.pdf or visit SMMAP s homepage at (click on St. Martins Marsh Aquatic Preserve Management Plan). (See Attachment 2, Page 1) RECOMMEND APPROVAL Item 3 BAE Systems SSY Florida Property Holdings, LLC, Lease Modification REQUEST: Consideration of an application for a modification of a five-year sovereignty submerged lands lease to increase the preempted lease area from 894,663 square feet to 1,071,782 square feet, more or less, for an existing commercial shipyard. VOTING REQUIREMENT FOR APPROVAL: Three votes APPLICANT: BAE Systems SSY Florida Property Holdings, LLC, a Delaware limited liability company (BAE) Lease No Application No LOCATION: 8500 Heckscher Drive, Jacksonville St. Johns River and Sisters Creek, Duval County CONSIDERATION: $214,171.44, representing: (1) $184, as the annual lease fee for 1,059,217 square feet computed at the base rate of $ per square foot, pursuant to rule (1)(a)1., F.A.C.; (2) $21, as the annual lease fee for 12,565 square feet computed at 10 times the base rate of $ for the nonwater dependent bulkhead and backfilled area, pursuant to Board of Trustees action on July 23, 1991; and (3) $7, as the one-time 25 percent surcharge payment for the 177,119 square feet of additional preempted area, pursuant to rule (1)(b)3., F.A.C.

4 Page Four Item 3, cont. BAE has already paid $180,700.64, representing (1) $153, for the 2017/2018 annual lease fee on 882,098 square feet; (2) $21, for the 2017/2018 annual lease fee on 12,565 square feet for the nonwater dependent bulkhead and backfilled area; (3) $4, for lease fee assessed on 18,973 square feet via a Temporary Use Agreement; and (4) $ as the one-time 25 percent surcharge payment for the 18,973 square feet. The remaining $33, will be collected upon execution of the lease modification. Sales tax and county discretionary sales surtax will be assessed pursuant to sections and , F.S., if applicable. STAFF REMARKS: The project is required to demonstrate that it is not contrary to the public interest, pursuant to Article X, Section 11 of the Florida Constitution, chapter 253, F.S., and rule (1)(a), F.A.C. BAE has provided reasonable assurance that the proposal will maintain essentially natural conditions; will not significantly impact fish and wildlife and other natural resources, including public recreation and navigation; is consistent with the goals and objectives of the Conceptual State Lands Management Plan ; is consistent with the local government s comprehensive plan; and will not interfere with the riparian rights of adjacent property owners. Therefore, the Department of Environmental Protection (DEP) is of the opinion that the proposal is not contrary to the public interest and otherwise meets all applicable requirements for a proprietary authorization to use sovereignty submerged lands. Background There has been some type of commercial activity at this location since 1971 when the Board of Trustees approved a marina license and construction permit for a marine railway. The marina license authorized the preemption of 9,280 square feet of sovereignty submerged lands. Over the years, the lease has been modified to increase the square footage to the current preemption of 894,663 square feet. These modifications were approved by the Board of Trustees or approved, under delegation of authority, by the former Department of Natural Resources and DEP. BAE s existing lease authorizes the preemption of 894,663 square feet (encompassing three, noncontiguous, submerged parcels and one filled parcel) for launching and retrieving military, commercial, and recreational vessels for maintenance/repair in conjunction with an upland commercial shipyard. Of the 894,663 square feet, 12,565 square feet is preempted for a nonwater dependent bulkhead and backfilled area. The annual lease fee for this 12,565-square-foot area is assessed at 10 times the base rate for the nonwater dependent use of sovereignty submerged lands, as approved by the Board of Trustees on July 23, In June 2013, the U. S. Navy (Navy) informed BAE that waterfront protection would be necessary during periods when Navy vessels were dry docked at its shipyard for maintenance/repair. On January 20, 2015, BAE applied for an environmental resource permit (ERP) to install a port security barrier system (PSBS) which includes four mooring buoys connected to 25-ton Improved Pearl Harbor Anchors, two shore anchors, and twenty-seven 40-foot-long parallel pontoon units, for a total barrier length of approximately 1,032 feet, in the St. Johns River.

5 Page Five Item 3, cont. On September 1, 2015, DEP issued ERP No EI and a letter of consent for the installation of PSBS. ERP required BAE to obtain a lease modification for the additional preempted area for PSBS within one year of permit issuance. On August 22, 2016, DEP issued Modification No EM to extend the deadline to obtain a lease modification for an additional 180 days to February 28, On January 24, 2017, DEP conducted a site inspection. The facility was deemed in compliance with Lease No and there were no violations found on site. On February 28, 2017, DEP and BAE entered into a Temporary Use Agreement (TUA) for approximately 18,973 square feet. TUA grants BAE temporary authorization for PSBS located outside of the existing lease area while pursuing Board of Trustees approval for the proposed lease expansion. Project Detail BAE is proposing to expand its existing lease area to: (1) incorporate PSBS located outside of the lease area; and (2) consolidate the three, non-contiguous, submerged parcels and areas in between into one contiguous submerged parcel. The proposed expansion will increase the preempted area from 894,663 square feet to 1,071,782 square feet (an increase of 177,119 square feet). The proposed lease expansion will encroach into Board of Trustees Easement No issued to BAE for a private navigational access channel. This ten-year easement, covering 46,653 square feet of sovereignty submerged lands, will expire on October 21, If the Board of Trustees approves the proposed lease expansion, this easement will be terminated upon execution of the lease modification. Noticing The lease modification request was noticed to property owners within a 500-foot radius of the project, pursuant to rule (1)(m), F.A.C. Two property owners were specifically noticed and no objections were received. (See Attachment 3, Pages 1-7) RECOMMEND APPROVAL SUBJECT TO THE SPECIAL LEASE CONDITIONS AND PAYMENT OF $33, Item 4 Destin Harbor Place Owners Association, Inc., Recommended Consolidated Intent/ Lease Modification REQUEST: Consideration of an application for (1) authorization to exceed the preempted area to shoreline ratio, pursuant to rule (4)(b)2., F.A.C.; (2) modification of an existing conservation easement to allow for additional preemption; and (3) renewal and modification of a

6 Page Six Item 4, cont. five-year sovereignty submerged lands lease to increase the preempted area from 5,993 square feet to 11,398 square feet, more or less, for a private residential multi-family docking facility. VOTING REQUIREMENT FOR APPROVAL: Three votes APPLICANT: Destin Harbor Place Owners Association, Inc. Lease No Application No EI LOCATION: Harbor Place Condominium 508 Highway 98 East, Destin Destin Harbor (a/k/a Old Pass Lagoon), Okaloosa County CONSIDERATION: $ as the one-time 25 percent surcharge payment for an additional 3,915 square feet of preempted area, pursuant to rule (1)(b)3., F.A.C. The lessee has already paid the one-time 25 percent surcharge payment on 1,490 square feet under a Temporary Use Agreement (TUA). No annual lease fee is required, pursuant to section (2)(f), F.S. However, if income is derived from a wet slip, dock, or pier in the preempted area under lease, a lease fee will be assessed based on six percent of the annual income derived, pursuant to section (2)(d), F.S., and rule (1)(a)1., F.A.C. Sales tax and county discretionary sales surtax will be assessed pursuant to sections and , F.S., if applicable. STAFF REMARKS: In accordance with rules adopted pursuant to sections (2) and (2), F.S., this "Recommended Consolidated Notice" contains a recommendation for issuance of both the permit required under part IV of chapter 373, F.S., and the authorization to use sovereignty submerged lands under chapter 253, F.S. The Board of Trustees is requested to act on those aspects of the activity which require authorization to use sovereignty submerged lands. The project is required to demonstrate that it is not contrary to the public interest, pursuant to Article X, Section 11 of the Florida Constitution, chapter 253, F.S., and rule (1)(a), F.A.C. The lessee has provided reasonable assurance that the proposal will maintain essentially natural conditions; will not significantly impact fish and wildlife and other natural resources, including public recreation and navigation; is consistent with the goals and objectives of the Conceptual State Lands Management Plan ; is consistent with the local government s comprehensive plan; and will not interfere with the riparian rights of adjacent property owners. Therefore, the Department of Environmental Protection (DEP) is of the opinion that the proposal is not contrary to the public interest and otherwise meets all applicable requirements for a proprietary authorization to use sovereignty submerged lands. Background The original lease, containing 5,993 square feet, was authorized by DEP, under delegation of authority, for a term of five years beginning on May 10, The lease has subsequently been modified, to reflect a change in upland ownership, and renewed by DEP under delegation of authority.

7 Page Seven Item 4, cont. On February 20, 2014, DEP conducted a lease renewal compliance inspection and found the facility to be out of compliance with the lease. DEP documented four moored vessels that extended beyond the lease area, five additional finger piers constructed within the lease area, a jet-ski/small boat platform located outside the lease area, and two boat lifts that extended beyond the lease area. The structural modifications had been made without a valid permit, lease, or other form of authorization from DEP or the Board of Trustees. DEP offered compliance assistance to relocate the vessels within the authorized lease area without exceeding the maximum preemption ratio and remove the unauthorized structures. The lessee indicated that it wanted to expand its lease area and agreed to provide a net positive public benefit proposal to request authorization to increase the lease preemption area. A Consent Order (CO) and TUA were executed on May 1, TUA authorized the preemption of an additional 1,490 square feet. The lessee paid all fees in accordance with the terms of the CO and TUA. TUA Addendums were executed on July 1, 2016 and May 24, 2017 to extend the term of TUA. TUA will expire on November 18, On February 7, 2017, DEP conducted a site inspection and observed minor structural modifications to two finger piers, located on the west side of the terminal platform, and a floating personal watercraft platform in one of the boat slips. These structural modifications were not authorized in CO, but occurred within the existing lease boundary and would have qualified for a permit exemption and letter of consent. Project Detail The lessee is proposing to expand its existing lease area from 5,993 square feet to 11,398 square feet (an increase of 5,405 square feet) in order to accommodate larger vessels within the facility s existing slips. The proposed expansion will accommodate vessels up to 65 feet in length with drafts up to 6 feet. The use will remain the same as a 9-slip private residential multi-family docking facility associated with an existing 12-unit upland condominium. The proposed project will be located within the 25-foot setback area on both the east and west sides. Letters of concurrence have been obtained from the affected adjacent property owners. Conservation Easement Pursuant to rule (4)(g), F.A.C., the lessee previously recorded a conservation easement (CE) in favor of the Board of Trustees along linear feet of its riparian shoreline. The lessee is now requesting a modification of the existing CE to allow for additional preemption. The modification of the CE has been included as a special lease condition. Net Positive Public Benefit The lessee s shoreline is approximately linear feet and is used in the 40 square foot to 1 linear foot ratio calculation, or 40 to 1, pursuant to rule (4)(b)2., F.A.C., which allows the lessee to preempt up to 6,447.2 square feet without requiring net positive public benefit (NPPB). The proposed lease area exceeds the 40 to 1 ratio by approximately 4,950.8 square feet and is required to provide NPPB, pursuant to rule (4)(b)2.e., F.A.C.

8 Page Eight Item 4, cont. As NPPB, the lessee has proposed to contribute $42,935 to the City of Destin (City) for its Calhoun Pedestrian Improvements and Boardwalk project. The contribution will be used for professional engineering services to include assessment and preliminary design of a boardwalk along the shoreline under Destin Marler Bridge (U.S. Highway 98). The proposed boardwalk will connect the existing harbor boardwalk, located south of the bridge, to a proposed pedestrian pathway north of the bridge for pedestrian access to local parks (Clement Taylor Park and future Leonard Destin Park) adjacent to the Choctawhatchee Bay. The boardwalk connection under the bridge will allow pedestrians safe access to waterfront amenities on both sides of the bridge. Net Positive Environmental Benefit The proposed project is located in Destin Harbor, a/k/a Old Pass Lagoon. Old Pass Lagoon has experienced a decline in water quality dating back to the early 1980 s. As a result of these concerns, on March 6, 1984, the Board of Trustees imposed, a condition that future developments on sovereignty submerged lands in Old Pass Lagoon must not only meet water quality standards, but must also have a net positive environmental benefit (NPEB) to the water quality in the lagoon. Because of these concerns, the Northwest Florida Water Management District installed a pumping mechanism in the lagoon in 1995, turning the operation and maintenance over to the City of Destin. This mechanism pumps water from the Gulf of Mexico into the lagoon during an outgoing tide forcing the water in the lagoon out into the Gulf. The pump provides flow through circulation in the lagoon, as the lagoon only has one opening. Quarterly water quality monitoring is conducted by the City and, according to the City Engineer, improved water quality has been demonstrated with the operation of the harbor pump. The lessee met the NPEB as required when it obtained its permit in Because no new slips are proposed, no additional NPEB is required at this time. Noticing/Interested Parties The lease modification request was noticed to property owners, within a 500-foot radius of the project, and other interested parties, pursuant to rule (1)(m), F.A.C., and no objections were received. (See Attachment 4, Pages 1-27) RECOMMEND APPROVAL SUBJECT TO THE SPECIAL APPROVAL CONDITION, THE SPECIAL LEASE CONDITIONS, AND PAYMENT OF $ Item 5 Downtown Fort Lauderdale Waterfront 18, LLC/Nonwater Dependent Activities/ Determination REQUEST: Consideration of a request (1) for a determination, pursuant to rule (1)(g), F.A.C., that it is in the public interest to allow nonwater dependent activities to occur on sovereignty submerged lands leased by the Applicant; and (2) to allow nonwater dependent, open air, over-the-water-dining activities to be conducted on an existing 879-square-foot structure.

9 Page Nine Item 5, cont. VOTING REQUIREMENT FOR APPROVAL: Three votes APPLICANT: Downtown Fort Lauderdale Waterfront 18, LLC Lease No: LOCATION: 400 SW 3 rd Avenue, Fort Lauderdale, Florida New River, Broward County CONSIDERATION: $10.00 per square foot, based on the appraised upland market rental value, will be applied annually to the proposed 879 square feet, more or less, associated with the nonwater dependent activity, pursuant to rule (1)(b)6., F.A.C. STAFF REMARKS: Rule (1)(g), F.A.C., provides that activities on sovereignty lands shall be limited to water dependent activities only unless the Board of Trustees determines that it is in the public interest to allow an exception as determined by a case-by-case evaluation. Since the 1970s, the Board of Trustees policy has been to restrict the use of sovereignty submerged lands to water-related activities. This policy was reiterated and incorporated into the Conceptual State Lands Management Plan adopted by the Board of Trustees on March 17, 1981, and adopted into rule on March 27, The rule was modified on August 1, 1983, to allow public projects which are primarily intended to provide access to and use of the waterfront to contain minor uses which are not water dependent if they are: (1) located in areas along seawalls or other nonnatural shorelines; (2) located outside of aquatic preserves or Class II waters; and (3) the nonwater dependent uses are incidental to the basic purpose of the project, and constitute only minor nearshore encroachments on sovereignty lands. Section (15), F.S., encourages the use of sovereignty submerged lands for public access and water dependent uses which may include related minimal secondary nonwater dependent uses. The over-the-water dining activities under consideration involve a nonclimatized area with minimal secondary nonwater dependent use of placing tables and chairs on an existing structure over sovereignty submerged land for dining activities. Background The existing L shaped structure extends over the New River and is currently authorized under a Temporary Use Agreement (TUA). The Applicant is current on its fees and the facility is open to the public. Project Detail The existing use includes multiple tables, with individual umbrellas, that are attached to the structure and provide seating for approximately 100 customers. The patrons can dine on the structure or take service from the bar. Live bands perform from the upland property for patrons entertainment.

10 Page Ten Item 5, cont. The nonwater dependent dining structure is not a public project (public projects include government owned/operated structures/activities); however, the proposed project conforms to the three criteria listed in rule (1)(g), F.A.C., for public projects. The structure and nonwater dependent activities extend out from an armored shoreline, constitute only minor nearshore encroachments on sovereignty submerged lands, and are not located in an aquatic preserve or Class II waters. If approved, the lease for the Applicant will define the nonwater dependent structure in a survey so that it cannot be improved or expanded without Board of Trustees approval. Lease Fees Rule (1)(b)6., F.A.C., provides that the annual lease fees for nonwater dependent uses shall be negotiated considering the appraised market rental value of the riparian uplands. An upland market rental value appraisal was completed in order to obtain a basis for negotiating annual lease fees. The Department of Environmental Protection (DEP) recommends that the nonwater dependent structure, which involves minimal secondary nonwater dependent use as stated in section (15), F.S., should be assessed at a negotiated nonwater dependent rate of $10.00 per square foot. The remaining lease area should be assessed the standard water dependent rate. Approval of this item does not supersede or eliminate any local, state or federal permitting requirements. Public Interest DEP is recommending the Board of Trustees find the project meets the public interest requirement because the proposed structure and associated nonwater dependent, open-air, over-the-water dining activities will continue to provide public access and enhance public enjoyment of sovereignty submerged lands without impairing traditional access. Additionally, it does not entail a significant adverse impact to sovereignty submerged lands and resources. It will also continue to provide an economic benefit to the Applicant and potential secondary economic benefits to nearby businesses. Noticing This request is not subject to noticing pursuant to section , F.S. Comprehensive Plan A consideration of the status of the local government comprehensive plan was not made for this item. DEP has determined that the proposed action is not subject to the local government planning process. (See Attachment 5, Pages 1-6) RECOMMEND APPROVAL

11 Substitute Page Eleven Substitute Item 6 Andytown Enterprises, Inc. (Sawgrass Recreation Area) Lease Modification REQUEST: Consideration of a request to Amend Lease No to Andytown Enterprises, Inc., d/b/a Sawgrass Recreation Park, on approximately 16.7 acres to (1) extend the term to provide for an additional ten years with options to renew for two additional five-year terms as it is in the public interest; and (2) increase the rental payments. VOTING REQUIREMENT FOR APPROVAL: Three votes COUNTY: Broward APPLICANT: Andytown Enterprises, Inc. (Andytown), d/b/a Sawgrass Recreation Park LOCATION: Section 16, Township 49 South, Range 39 East CONSIDERATION: The greater of 6 percent of all gross revenues collected quarterly from all operations on the leased premises or $47,500 per quarter (Minimum Rent) based on an appraisal. The Minimum Rent will be subject to annual adjustments for proportionate increases in the Consumer Price Index. The Minimum Rent adjustment shall not increase by more than 3 percent in any one calendar year. In no event will the Minimum Rent be less than $47,500 per quarter. All fees are current under Lease No Pursuant to section (1)(a), F.S., the proceeds from all lands that have been or may hereafter be granted to the state by the United States for public school purposes must be paid to the State School Fund. The state-owned lands under Lease No are Section 16 school lands with 100 percent of lease proceeds being paid to the State School Fund. STAFF REMARKS: Background In 1967, the Board of Trustees assumed title to the 16.7-acre parcel of non-conservation land, located in Broward County, from the State Board of Education. This 16.7-acre parcel had been leased to the Florida Game and Fresh Water Fish Commission since 1963 and maintained as a public fish camp, commonly referred to as the Sawgrass Recreation Area. In 1965, the Florida Game and Fresh Water Fish Commission subleased the 16.7-acre parcel to Sawgrass Camp, Inc., and in 1982 Sawgrass Camp, Inc., assigned the leasehold interest to Andytown. The 16.7-acre parcel has been managed by Andytown since In response to a competitive bid, Mr. Thomas Baker executed the existing Lease No in September Subsequently, Mr. Baker sold his interest in Andytown to Rick and Sue Soverns. The lease term for Lease No expires on December 31, Current Request The existing commercial lease cannot be extended without prior approval by the Board of Trustees. Therefore, we are requesting the Board of Trustees to approve the extension of Lease No. 3891, which will be based on an annual Minimum Rent obtained from a May 2016 appraisal.

12 Substitute Page Twelve Substitute Item 6, cont. Andytown has completed a Business and Financial Plan which includes an increase in the capacity of the recreational area through numerous site upgrades and contracts with large tourist operators, both local and international, to increase opportunities at the site and promote tourism to the state of Florida. The proposed site improvements include installing boardwalks, an observation tower, upgrades to docking facilities, cabins for camping, and shelters for group and student gatherings. In order for this to be accomplished, Andytown will need to secure a lease term consistent with the requirements of lending institutions prior to making these costly capital improvements to the site. The lease extension is also needed to amortize the cost of those capital improvements. In order to capture the larger international markets who require commitments longer than three years, the need for the lease extension is essential for these successful partnerships. This extension will enable the international promotion of Andytown through the use of advertising, promotional materials and campaigns, as well as, bookings of international visitors several years in advance. Andytown plans to expand educational opportunities for students, Floridians, and visitors alike, with educational and interactive exhibits describing Florida s ecosystem, native wildlife, water conservation, and invasive species management. Andytown has invested approximately $1.25 million in the facility to date. Andytown s long-term plans include investing more than $2.6 million in capital improvements for the site over the next 20 years to enhance public use and access and to expand recreational and educational opportunities. This lease extension in no way waives any regulatory requirements including, but not limited to, those of DEP, Army Corps of Engineers, Water Management District, local government, and applicable state water quality standards of the Everglades Protection Area. Under Andytown s management and outreach efforts, there has been an increase of staff and a large annual increase of visitors. The continued successful operation of this site by Andytown should generate an increase in tourism and economic benefit to Broward County and the state. Andytown is active in promoting Florida by partnering with the local Convention and Visitors Bureau, Visit Florida, the Florida Attractions Association, USA Discover America, and the U. S. Travel Association, among other organizations. This promotion of tourism for the lease facility and the state would be mutually beneficial to Andytown and the Board of Trustees. Public Interest - Relevant Factors Pursuant to rule (1), F.A.C., the decision to authorize the use of Board of Trustees-owned uplands requires a determination that such use is not contrary to the public interest. In addition, rule (2)(i), F.A.C., requires a determination be made that it is in the public interest to waive the competitive bid for a new commercial lease. The current lease was competitively bid and does not expire until December This request is a lease extension with an increase to the rental payments based on an appraisal. The public interest determination requires an evaluation of the probable impacts of the proposed activity on the uplands. All direct and indirect impacts related to the proposed activity as well as the cumulative effects of those impacts shall be taken into consideration. Several relevant factors considered are collaboration with multiple agencies, recreation, education, eco-tourism, public use, benefit, and access. Collaboration with other state agencies and local government: Andytown works closely with the local Florida Fish and Wildlife Conservation Commission (FWC) by rehabilitating injured, abused, or neglected animals confiscated from owners, captured as exotic species, or severely injured in the wild.

13 Substitute Page Thirteen Substitute Item 6, cont. In the last decade, Andytown has cared for and adopted several dozen animals brought by FWC for care. These animals were provided permanent home habitats and are used to teach the public about the importance of the Everglades and the animal inhabitants. Each year, on average, Andytown spends $70,000 to provide care for the rescued wildlife. Andytown has absorbed the costs of licensing, specialized training hours, and continuing education to care for these animals. Andytown hosts, free of charge, children s outreach programs for hunting and fishing and is host to an FWC training venue on proper animal catch methods and animal education, which includes free airboat tours and exhibit entrance for the participants. Andytown is an active member of the Joint Airboat Response Emergency Deployment (JARED) organized by the Broward County Sheriff s Office (BCSO). This group conducts emergency search and rescue operations in the Everglades. Andytown is the only airboat operator who assists BCSO with their commercial airboat fleet for large scale emergencies. Andytown s private commercial airboat fleet can transport several hundred passengers to safety, industrial pieces of equipment for rescue needs, and first responder personnel. Andytown has absorbed the cost of training its staff as first responders and donates all personnel time, profit loss and equipment costs when responding to a call for assistance. Andytown is committed to continue to serve under the JARED program with time and all resources continuing to be donated as needed. Andytown works in collaboration with the University of Florida by providing personnel and airboat support, free of charge, for Everglades soil research. Andytown works with the Department of Agriculture and Consumer Services Division of Forestry by purchasing approximately 200 Pine and Cypress seedlings annually to be planted in order to replenish the canopy of the Everglades environment and to educate visitors about these resources. In addition, Andytown continues on-going efforts to remove invasive plants such as Brazilian Pepper, Ficus and Melaleuca. Recreation: Andytown s management of Sawgrass Recreation Park provides the general public with a multitude of ways to explore the Florida Everglades, including air boat rides, jon boat rentals, tent camping, a planned observation tower, upgraded dock areas, nature trails, planned family style cabins, and a shelter for group gatherings or meetings. Andytown also provides several public use picnic areas with benches, picnic tables, and covered pavilions. Andytown s participation in promoting the recreational opportunities in South Florida are an added value to all businesses locally. Education: The facility contains enhanced educational opportunities for students of all ages. Andytown offers a variety of learning environments including informative animal presentations, educational signage, airboat educational tours, and interactive exhibits.

14 Substitute Page Fourteen Substitute Item 6, cont. Andytown hosts over 15,000 students a year at a discounted rate lower than the operational cost per person. Educators, chaperones, and special needs aides participate in the educational visits at no charge. Further, students are provided a free pass to come back to the park with their families for a complimentary visit. Andytown partners with local schools for in-school animal educational presentations on native and invasive species, as well as, the Florida Everglades educational presentation. These presentations are free of charge to the school and all Sunshine State Standards for education are met. Staff time and expense is donated. Andytown provides the Broward Teachers Union free educational experiences on the local environment, as well as, all educators can visit the park at no charge and receive family discounts. Andytown expends approximately $50,000 annual providing these benefits to local education. Eco-Tourism: To react to the growing trends within the tourism industry, Andytown plans to expand its focus on eco-tourism and conscientious tourism by expanding its eco-initiatives as well as educational and hands-on opportunities for both visitors and school groups. Public use, benefit, and access: Andytown has offered a Florida Resident Pass for more than 15 years providing Florida residents complimentary admission for a year after the initial entry purchase. Andytown also offers complimentary admission (and discounts for friends and family) to military, firefighters, educators, students, first responders, and police officers. Andytown hosts the military, veterans, firefighters, police officers, and local first responder events at the park. In addition, approximately $30,000 annually is spent by Andytown to support these deserving individuals and their families. Andytown is a local supporter of the Boy and Girl Scout Clubs of America by donating space for scout gatherings, camping, and educational experiences to further the scout s knowledge on the Everglades, ecosystems, and native/non-native species. Andytown hosts fundraisers on-site to support the scouts raising money for community service projects and provides material for many scout projects. Approximately $20,000 annually is spent by Andytown in support of the scouts. Andytown staff actively participates in Visit Florida, The Greater Fort Lauderdale and Visitor s Bureau. In an effort to promote the state of Florida as a tourist destination, Andytown hosts travel agents, meeting planners, tour operators, press, airlines and cruise representatives, travel bloggers and production companies. Approximately $30,000 in commercial value and 200 hours of staff time has been spent to assist the state over the last ten years in the promotion of the state. Examples of participation include filming by Jeff Corwin, Venom One, Swamp Wars, Telemundo and Travel and Life.

15 Substitute Page Fifteen Substitute Item 6, cont. Comprehensive Plan A consideration of the status of the local government comprehensive plan was not made for this item. DEP has determined that the proposed action is not subject to the local government planning process. (See Attachment 6, Pages 1-27) RECOMMEND APPROVAL Item 7 City of Cape Coral Dedication Modification/Partial Release of Restriction and Revocation REQUEST: Consideration of a Partial Release of Restriction and the Right of Revocation from Board of Trustees Dedication No A to an approximately 0.18-acre parcel within a acre parcel dedicated to the City of Cape Coral. VOTING REQUIREMENT FOR APPROVAL: Three votes COUNTY: Lee Dedication No A APPLICANT: City of Cape Coral (City) LOCATION: Sections 08 and 17, Township 45 South, Range 24 East CONSIDERATION: $48,600, based on an appraisal, to be deposited into the Internal Improvement Trust Fund. STAFF REMARKS: Background On November 27, 1962, the Board of Trustees dedicated an approximately 60-acre parcel, located in Caloosahatchee River, to Lee County under Dedication No The dedication contains restriction and revocation language which states the issuance of the dedication is for public road purposes and other such public purposes compatible with public road purpose, or the land is subject to revocation by the Board of Trustees. Lee County subsequently built a bridge in the Caloosahatchee River linking unincorporated Lee County on the east end with the City on the west end. As designed, the bridge included the filling of sovereignty submerged lands to create the bridge approach on each end.

16 Page Sixteen Item 7, cont. Subsequently on March 9, 2004, the Board of Trustees approved a partial assignment of acres to the City under Dedication No A and a modification of restrictions on the same acres under Dedication B. The restriction on the acre parcel was modified to include the use of the lands for a Welcome Center, Chamber of Commerce, and a public park, to include the leasing of portions of the land to non-profit organizations or non-profit corporations for those uses. The restriction and revocation remained unchanged and in full force on the remaining acres of the original Dedication No Current Request The City has requested the partial release of the restriction and revocation on the 0.18-acre parcel (subject parcel) to engage in a Public-Private Partnership (P3) with The Lamar Company, LLC (Lamar). Pursuant to section (4)(b), F.S. (2015), the City noticed the intent to consider the development and advertised for competitive proposals. The awarded company was Lamar. Lamar s proposal is to design, build, finance and maintain two entry structures, one being located within the dedication area and the second located along Veterans Memorial Parkway on Cityowned property. The structure will provide the public an enhanced and aesthetic sense of the City s boundary, a means of electronic communication for safety information during local emergencies, provide information for public notices, recreation, and local event opportunities. The restriction and revocation clause limits the opportunities that can be considered by the City for development for one of the two sign locations. The City has submitted Ordinance 26-16, authorizing the request for a partial release of the restriction and revocation in Dedication No A. The City will pay the current appraised value of the partial release of the restriction and revocation. If the request for the release is approved by the Board of Trustees, the City can move forward with the P3 agreement and the development of the 0.18-acre parcel to benefit the City, its residents, tourists, and Lee County. The Department of Environmental Protection (DEP) is recommending the Board of Trustees approve the City s request for the release of the restriction and revocation because it will enable the City to expand its efforts to attract business to the area for the benefit of the local economy and provide needed information to the public during an emergency, for public informational noticing and provide public event and recreational opportunity information. This release of restriction in no way waives any regulatory requirements including but not limited to those of DEP, Army Corps of Engineers, Water Management District, and local government. Comprehensive Plan A local government comprehensive plan has been adopted for this area pursuant to section , F.S. The proposed action is consistent with the adopted plan. (See Attachment 7, Pages 1-19) RECOMMEND APPROVAL

17 Page Seventeen Item 8 SFLP NC, LLC, Acceptance of Offer/Sale and Purchase Contract/Determination REQUEST: Consideration of (1) a determination that a 0.93-acre, more or less, vacant parcel of state-owned, non-conservation land, is surplus and is no longer needed, pursuant to section (1), F.S.; (2) acceptance of an offer in the amount of $1,850,000 submitted by SFLP NC, LLC., for the purchase of the 0.93-acre, more or less, vacant parcel of state-owned nonconservation land; and (3) approval of a contract for sale and purchase of the 0.93-acre, more or less, vacant parcel of state-owned, non-conservation land to SFLP NC, LLC. VOTING REQUIREMENT FOR APPROVAL: Three votes COUNTY: Miami-Dade Bid #DSL-BID APPLICANT: SFLP NC, LLC LOCATION: Section 26, Township 53 South, Range 41 East CONSIDERATION: $1,850,000 to be deposited in the Internal Improvement Trust Fund STAFF REMARKS: Background The 1976/77 Legislature appropriated funds for construction of a forensic hospital in South Florida. In 1982, approximately 6.41 acres were purchased in the Allapattah area of the City of Miami. Board of Trustees Lease No was issued to the former Florida Department of Health and Rehabilitative Services, predecessor to the Department of Children and Families (DCF). The 6.41 acres consists of two parcels which are not contiguous and are divided east and west by NW 10 th Avenue. The South Florida Evaluation and Treatment Center was constructed on the larger, easterly parcel (approximately 5.48 acres). The westerly parcel (subject parcel) is approximately 0.93-acres, vacant, and triangular in shape. DCF requested that the subject parcel be released from its lease. Statutory Requirements Pursuant to section (1), F.S., to surplus non-conservation land, the Board of Trustees must determine that the land is no longer needed. Pursuant to section (4), F.S., non-conservation lands shall be reviewed by the Department of Environmental Protection s (DEP) Division of State Lands (DSL) for recommendation as to whether such lands should be retained in public ownership or disposed of by the Board of Trustees. DEP offers the following to assist the Board of Trustees in making an affirmative determination that the subject parcel is no longer needed: DCF, the managing agency, has evaluated the use of the subject parcel and determined that it is not being used for the purpose for which it was originally leased and is no longer needed; and DSL has reviewed DCF findings, completed the required surplus lands process, and recommends that the subject parcel be disposed of by the Board of Trustees.

18 Page Eighteen Item 8, cont. Noticing Pursuant to sections , and , F.S. (2015), the subject parcel was offered for lease to state agencies, state universities and Florida College System institutions; for sale to the same entities provided they have authority to hold title; and for sale to the local government (noticing was completed prior to July 1, 2016). No interest was expressed by any noticed educational or governmental entity. Bid History DEP contracted with CBRE, Inc. (CBRE) to assist with the marketing and sale of the subject parcel. A bid was posted on February 22, 2017, until the bid opening date of April 13, CBRE posted the bid on CoStar, Loopnet, and its own corporate website all of which provided property information, maps, history, disclosures, bid information, and the minimum bid amount of $1,749,000. CBRE also placed signs on the subject parcel and sent s to prospective buyers. Numerous follow-up communications and site tours with prospective buyers have been conducted by CBRE during the marketing period. The subject parcel was also posted on DEP s surplus land website from February 22, 2017 until the bid opening date of April 13, DEP sent notification of the bid through GovDelivery to real estate offices, developers, investment companies, and other parties that have requested to receive notification of surplus land bid notices. The bid was also advertised in the legal section of the Miami Herald once per week for three consecutive weeks. Two bids were received of which one met the bid conditions. The responsive bid in the amount of $1,850,000 was received from SFLP NC, LLC (Buyer). Buyer indicated that it may build either a produce warehouse or workforce housing at this location. Buyer anticipates that the construction project will provide numerous temporary jobs in the construction industry and the development will provide several full-time positions depending on the final choice for development. The Buyer will be responsible for and pay all closing costs associated with the subject parcel including, but not limited to, survey costs, documentary stamp tax on the quitclaim deed, recording fees, abstract or title insurance fees, Buyer s attorneys fees, and any other closing costs that buyer may incur. Buyer shall also reimburse any closing costs that are initially paid by the Board of Trustees or other parties on behalf of the Board of Trustees. These reimbursable closing costs include, but are not limited to, the cost of appraisal, survey, legal advertising, and the brokerage fee to CBRE. Comprehensive Plan Consideration of the status of the local government comprehensive plan was not made for this item. DEP has determined that the proposed action to surplus property is not subject to the local government planning process. (See Attachment 8, Pages 1-9) RECOMMEND APPROVAL

19 Page Nineteen Item 9 BOT/Clopton Exchange Agreement/Blackwater River State Forest/Determinations REQUEST: Consideration of (1) a determination that an approximately two-acre parcel of land owned by the Board of Trustees is (a) no longer needed for conservation purposes, pursuant to Article X, section 18 of the Florida Constitution and section (1), F.S.; and (b) surplus; (2) a determination that an exchange will (a) result in a net positive conservation benefit to the state, pursuant to section (1), F.S.; and (b) provide a greater benefit to the public than its retention in Board of Trustees ownership, pursuant to rule (3)(b)1.c., F.A.C.; and (3) approval of an exchange agreement in which the Board of Trustees will convey the approximately two-acre parcel of state-owned conservation land in exchange for approximately four acres of land owned by Johnnie M. Clopton and Joyce M. Clopton. VOTING REQUIREMENT FOR APPROVAL: Three votes COUNTY: Santa Rosa APPLICANTS: Johnnie M. Clopton and Joyce M. Clopton (Cloptons) LOCATION: Section 04, Township 05 North, Range 26 West CONSIDERATION: Parcel for parcel, with no cash boot to be paid by the Board of Trustees. APPRAISED BY Brantley APPROVED EXCHANGE CLOSING PARCEL ACRES (8/01/16) VALUE VALUE DATE Cloptons 4 $16,000 $16,000 $16, days after BOT approval BOT 2 $8,400 $8,400 $8,400 STAFF REMARKS: The Department of Environmental Protection s (DEP) Division of State Lands (DSL) and the Department of Agriculture and Consumer Services Florida Forestry Service (FFS), are proposing to exchange a two-acre parcel of state-owned conservation land for four acres of land owned by the Cloptons. Background In 1955, the United States of America (USA) conveyed 121,427 unsurveyed acres, now known as the Blackwater River State Forest (BRSF), to the former Florida Board of Forestry, (predecessor to FFS), pursuant to the Bankhead-Jones Farm Tenant Act of The conveyance was made subject to the condition that the land be used for public purposes, and if not, it would revert to the USA. The land was subsequently conveyed to the Board of Trustees, pursuant to section (6), F.S. The land is managed by FFS under Board of Trustees Lease No Project Detail In 2002, the Cloptons purchased a acre inholding within BRSF, which included a residence, that was built in In 2014, the Cloptons contacted FFS when they discovered that a portion of their residence and outbuildings encroach on two acres of BRSF. The Cloptons would like to