AGENDA BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND MARCH 10, 2015 Attachments to the items below can be viewed at the following link: http://www.dep.state.fl.us/secretary/cab/public_notices.htm Item 1 BOT/Seminole Boosters, Inc. Exchange Agreement/Determination REQUEST: Consideration of (1) a determination that, pursuant to rule 18-2.018(3)(b)1.c., F.A.C., an exchange of one parcel, totaling approximately 1.83 acres, of state-owned, nonconservation land in Leon County provides a greater benefit to the public than its retention in Board of Trustees ownership; and (2) approval of an exchange agreement to convey one parcel, totaling approximately 1.83 acres, of state-owned, non-conservation land in exchange for two parcels, totaling approximately 2.57 acres, from the Seminole Boosters, Inc., a Florida non profit corporation. VOTING REQUIREMENT FOR APPROVAL: Three votes COUNTY: Leon APPLICANT: Florida State University Board of Trustees (FSU) LOCATION: Section 35, Township 01 North, Range 01 West CONSIDERATION: Parcels-for-parcel, with the Seminole Boosters, Inc. (Boosters) to forego $35,000 in cash boot. A P P R A I S E D B Y Marr Ketcham Marr Brown EXCHANGE CLOSING PARCEL ACRES 05/22/14 05/22/14 01/25/15 01/27/15 VALUE DATE BOOSTERS Parcel 1 1.52 $1,400,000 $1,500,000 N/A N/A $1,500,000 120 days after BOT approval Parcel 2 1.05 N/A N/A $1,645,000 $1,575,000 $1,645,000 2.57 $3,145,000 BOT Parcel 3 1.83 $3,110,000 $2,800,000 N/A N/A $3,110,000 STAFF REMARKS: Background In 1995, the Board of Trustees purchased the 1.83-acre parcel (Parcel 3) located at 619 South Woodward Avenue as part of FSU s campus expansion. Since 1995, Parcel 3 has become isolated from the main campus, separated by privately-held student housing to its north and bordered to the south and east by mixed use, retail, and commercial development, including College Town Phase 1. Parcel 3 is currently vacant and subleased to the Boosters pursuant to a 20-year lease, of which approximately 17 years remain.
Page Two Item 1, cont. In 1997, the Boosters purchased the 1.52-acre parcel (Parcel 1) located at 493 Stadium Drive. Since 1999, Parcel 1 has been leased to FSU for nominal rent of $1.00 per year. The lease provides for a year-to-year term with 18 automatic one-year renewal options. The renewal option period expires in 2018. Parcel 1 is currently used by FSU as a 5,000-square-foot training and organizational development facility, providing an accessible venue for specialized personnel, workplace, and organizational training. In 2015, the Boosters contracted to purchase a 1.05-acre parcel (Parcel 2) at the corner of Stadium Drive and Call Street adjacent to FSU s College of Medicine. Parcel 2 is improved with an 884- square-foot building. The building will be demolished and Parcel 2 will be converted, on an interim basis, to a parking lot until a future redevelopment program is established. Current Request FSU is requesting approval of an exchange that will allow FSU to expand its borders through the addition of contiguous acreage adjacent to FSU s existing campus. Parcel 1 will continue to be used as FSU s training and organizational development facility. Parcel 1 will be redeveloped for campus expansion as academic or academic support space. Parcel 2 is located at a highly strategic corner of campus. The intersection of Stadium Drive and Call Street is one of the primary gateways to the main campus and has seen significant redevelopment over the past several years. Since 2006, several new buildings have been constructed in this northwest corner of campus including the College of Medicine, Psychology Building, Biological Sciences Building, West Dining Hall, an expansion of the Stone Building, and a parking garage to support these new facilities. The northwest corner of campus has seen significant growth and FSU has advised that Parcel 2 is of critical importance to further its academic mission. The Boosters acquisition of Parcel 3 is important for its redevelopment projects. Parcel 3 is key and critical for the Boosters to begin Phase 2 of College Town. College Town Phase 1 is currently fully leased and this success supports further expansion. Parcel 3, in particular, will be used as an access road to link Collier Street to Gaines Street while still providing access to the proposed College Town Phase 2 parking garage facility that will provide 600 new spaces. Furthermore, College Town Phase 2 (an approximately $30 million project) will: (1) facilitate 174 new student beds and 24,000 square feet of new retail space to the area; (2) provide improved mobility for patrons and students to and from College Town and the University; and (3) create a significant number of jobs, both construction and permanent. The City of Tallahassee and the Tallahassee Community Redevelopment Agency support this exchange because the Boosters College Town Project set the vision for and has been instrumental in the revitalization of the Gaines Street/Madison Corridor, as it has attracted private investment and development in the area. The expansion of College Town will add further economic infrastructure for the Gaines Street/Madison Corridor and continue the momentum of the Gaines Street/Madison Corridor Redevelopment in Tallahassee. Furthermore, the College Town Project
Page Three Item 1, cont. is important for FSU because it provides further redevelopment of the still-existing blighted area adjacent to campus and provides direct support to the Madison Mile Vision, the vision established by FSU to link the existing University Center to the developing Arena District. Noticing Noticing, pursuant to section 253.115, F.S., is not required for conveyances that are less than five acres in size. Mineral Interests Both the Board of Trustees and Boosters will convey their respective lands without a reservation for phosphate, mineral, metal, and petroleum interests as provided by section 253.62, F.S. Comprehensive Plan The Department of Environmental Protection has determined that conveyances of land are not subject to the local government planning process. The acquisition of the Boosters Parcels 1 and 2 is consistent with section 187.201(17), F.S., the Public Facilities section of the State Comprehensive Plan. (See Attachment 1, Pages 1-45) RECOMMEND APPROVAL Item 2 XL Ranch Conservation Easement/DACS/Rural & Family Lands Protection Program REQUEST: Consideration of (1) an option agreement to acquire a 405-acre perpetual conservation easement over lands lying within the XL Ranch project of the Department of Agriculture and Consumer Services (DACS) Florida Forest Service (FFS) Rural & Family Lands Protection Program (RFLPP) from XL Ranch Limited Partnership; and (2) designation of DACS/FFS as the monitoring 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. APPLICANT: Department of Agriculture and Consumer Services Florida Forest Service COUNTY: Highlands LOCATION: Part of Sections 15, 16, 21, and 22, Township 38 South, Range 29 East
Page Four Item 2, cont. CONSIDERATION: $710,000 APPRAISED BY SELLER S TRUSTEES TRUSTEES' String APPROVED PURCHASE PURCHASE OPTION PARCEL ACRES (9/26/14) VALUE PRICE PRICE DATE XL Ranch 405 $790,000 $790,000 * $710,000** 120 days after BOT approval *Property was assembled over many years by XL Ranch Limited Partnership **The purchase price for the conservation easement is $1,753.09 per acre STAFF REMARKS: This acquisition was negotiated by DACS/FFS under its RFLPP. This will be the fourteenth perpetual conservation easement proposed for acquisition. Once approved, a total of 8,526.80 acres will have been authorized for preservation under the Rural and Family Lands Protection Program. The XL Ranch Project is ranked in Tier One on the 2014 RFLPP Acquisition List. PROPERTY DESCRIPTION: Background The XL Ranch property has been owned and operated by brothers Layne and Cary Lightsey, of Lightsey Cattle Company, for over 20 years. Lightsey Cattle Company, based in Lake Wales, is made up of four separate ranches -- Tiger Lake Ranch and West Lake Wales Ranch in Polk County, the XL Ranch in Highlands County, and Brahma Island in Osceola County. The Lightseys also lease five other ranches where they raise cattle. The majority of these ranches currently hold acreage encumbered by conservation easements. For twelve generations the name Lightsey has been associated with cattle ranching. Since the 1850 s in Central Florida, there have been six generations who have worked the land, each passing down to the next not only their property, but also their values and traditions. The Lightseys are the recipients of the Commissioner of Agriculture s 2006 Agricultural-Environmental Leadership Award. This award has been presented annually since 1994 spotlighting environmentally innovative farming practices of the state s growers and ranchers. Property Description The 405-acre tract consists of improved pasture which supports the cow/calf operation conducted on the larger 3,232-acre ranch. The remaining 2,800 acres of XL Ranch are protected under The Nature Conservancy and the United States Department of Agriculture conservation easements. It is the overall intention of Lightsey Cattle Company to maintain the land in its current form and see that it remains of agricultural value for years to come. There is a small five-acre marsh located within the northern section of pasture, which is subject to grazing pressure. The Lightseys have sought to implement a wide range of measures to remove ditches, treat non-native invasive plants and animals, and restore more natural wetland systems on the properties they own.
Page Five Item 2, cont. The expanse of the adjacent conservation lands provides a wide range of native habitats supporting both game and non-game species and plants. Multiple species are present on the property including: burrowing owls, wood storks, alligators, migrating swallowtail kites, whitetail deer, turkey, and known occurrences of roaming Florida panther. The property has also become home to 12 radio-collared black bear, tracked by the Florida Fish and Wildlife Conservation Commission, which are known to forage and roam the ranch. Adjacent properties include the Archbold Biological Station and conservation easements held by The Nature Conservancy and the United States Department of Agriculture. In the South Florida Water Management District portion of the RFLPP property evaluation, XL Ranch was rated high for benefits and protection for Aquifer Recharge Areas. The property is within the recharge range for the Kissimmee River Basin and is within the Fisheating Creek drainage basin. PROHIBITED USES: Dumping of non-biodegradable, toxic or hazardous substances, trash garbage, wastes, abandoned vehicles, appliances, machinery or similar material is prohibited. The exploration for and extraction of oil, gas, minerals, dolostone, peat, muck, marl, limestone, limerock, kaolin, fuller s earth, phosphate, common clays, gravel, shell, sand and similar substances either directly or indirectly. Activities that affect the hydrology of the land or that detrimentally affect water conservation, erosion control, soil conservation, or fish and wildlife habitat, etc. Planting of nuisance exotic or non-native plants as listed by the Exotic Pest Plant Council (EPPC) or its successor and to the extent practical, control and prevent the spread of nuisance exotics or non-native plants on the Property. Concentrated and confined animal feed lot operations. New construction or placing of temporary or permanent buildings, mobile homes or other structures in, on or above the ground of the Property except as may be permitted hereinafter, or as necessary for maintenance or normal operations of the Property or during emergency situations. Construction or placing of roads, billboards or other advertising, utilities, or structures, except those structures and unpaved roads necessary for the agricultural operations on the land or structures necessary for other activities allowed under the Easement, and except for linear facilities described in section 704.06(11), Florida Statutes.
Page Six Item 2, cont. Fertilizer use for agriculture activities not in accordance with agricultural Best Management Practices recommended by the Natural Resources Conservation Service or the Florida Department of Agriculture and Consumer Services, whichever is more stringent, as those Best Management Practices may be amended from time to time. No agricultural activities shall occur within a 100-foot buffer around sinkholes and other karst features that are connected to spring conduits, except as provided in the applicable Best Management Practices. Actions or activities that may scientifically be expected to adversely affect threatened or endangered species. Any subdivision of the Property. Commercial water wells on the Property. Cutting of cypress trees anywhere on the property. Mitigation banks pursuant to section 373.4135, et. seq., Florida Statutes. Conversion of Special Natural Areas to more improved areas. Conversion of areas not in improved pasture to improved pasture. Acts or uses of the Property detrimental to the preservation of the structural integrity or physical appearance of sites on the Property of historical, architectural, archaeological, or cultural significance. New non-game-friendly fencing, except in those areas identified for security as shown in the Baseline Documentation Report. Conversion of forested areas to non-forested areas as shown in the Baseline Documentation Report. OWNER S RIGHTS: The underlying fee simple title absolute in the Property. The right to conduct prescribed burning on the Property; provided, however, that the owner shall obtain and comply with a prescribed fire authorization from the Florida Forest Service of the Florida Department of Agriculture and Consumer Services or its successor agency. The right to mortgage the Property; provided, however, that the Mortgagee s lien shall be inferior to and lower in priority than the Easement.
Page Seven Item 2, cont. The right to contest tax appraisals, assessments, taxes and other charges on the Property. The right to continue to use, maintain, repair, and reconstruct, all existing buildings, barns, animal pens, outbuildings, fences, roads, ponds, wells, utilities, drainage ditches and such other facilities on the Property as depicted in the Baseline Documentation Report, except on Special Natural Areas. The right to sell, devise or otherwise transfer ownership of the Property to a third party. This right, however, does not include the right to sell the remaining property rights on the Property for the purposes of a conservation easement or other restriction that would divest the Property of its use under the terms and conditions of this Easement. The right to exclusive use of the improvements on the Property. The Owner shall obtain and comply with all permits for management of stormwater, for water wells and consumptive uses as may be required by the water management district or any successor agency having jurisdiction over those activities. The right to construct, after giving notice to FFS, buildings or other structures incident to agricultural uses carried on in accordance with sound agricultural practices. Such buildings shall not be used as residences. Boundary Maintenance. The right to observe, maintain, photograph, introduce and stock native fish or wildlife on the Property, to use the Property for hiking and horseback riding. The Owner reserves, and shall continue to own, the hunting and fishing rights on or related to the Property and may lease and sell privileges of such rights. ENCUMBRANCES: There are no known encumbrances on the property that adversely affect marketability or the ability to enforce the rights granted under the easement. MORTGAGES AND LIENS: All mortgages and liens will be satisfied or subordinated 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 related to land acquisition as they arise on all Chapter 259, F.S., and to resolve them appropriately. Therefore, DEP staff will review, evaluate and implement an appropriate resolution for these and any other title issues that arise prior to closing.
Page Eight Item 2, cont. CLOSING INFORMATION: A title insurance commitment, a survey, environmental site assessment, and easement documentation report of the property will be provided by FFS prior to closing. EASEMENT MONITOR: This perpetual conservation easement will be monitored by the FFS. COMPREHENSIVE PLAN: This acquisition is consistent with section 187.201(22), F.S., the Agriculture Section of the State Comprehensive Plan. (See Attachment 2, Pages 1-63) RECOMMEND APPROVAL Item 3 Brinkley Aquaculture Lease/Terra Ceia Aquatic Preserve REQUEST: Approval to issue a two-acre, ten-year sovereignty submerged land aquaculture bottom lease for the purpose of shellfish aquaculture. VOTNG REQUIREMENT FOR APPROVAL: Three votes LOCATION: Terra Ceia Aquatic Preserve, Tampa Bay, Manatee County, Florida APPLICANT: Kyle Brinkley CONSIDERATION: An annual fee of $53.46 for the two-acre lease parcel, representing a base annual rental fee of $16.73 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 applicant is requesting authorization by the Board of Trustees to use sovereignty submerged lands for the purpose of culturing native shellfish. The requested parcel is approximately two acres and is adjacent to five previously authorized aquaculture leases, two of which are currently leased to the applicant. The applicant is requesting additional acreage to expand his operation, resulting in additional production and associated job creation and economic development.
Page Nine Item 3, cont. The applicant is a current submerged lands leaseholder and aquaculture certificate holder and is in compliance with the terms and conditions of his existing leases and the Department of Agriculture and Consumer Services (FDACS) Aquaculture Best Management Practices. The proposed lease 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 lease will not be approved during the first five years of the lease term. Agency Review FDACS has determined that the proposed lease and associated aquaculture activities will not result in adverse impacts to seagrasses, existing shellfish beds, natural reefs or other sensitive habitats. FDACS has reviewed the application for completeness and evaluated the business plan. Additionally, FDACS has coordinated the review of the applications with the Department of Environmental Protection, the Florida Fish and Wildlife Conservation Commission, and the Manatee County Board of County Commissioners, pursuant to rule 18-21.021, F.A.C., and has received no objections on the proposed lease and associated activities. 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 was noticed pursuant to section 253.70, F.S. and no objections were received. Additionally, a copy of the notice was sent to the riparian landowner located within 500 feet of the proposed lease and no comments or 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 3, Pages 1-18) RECOMMEND APPROVAL
Page Ten Item 4 Aquaculture Lease Modifications/Alligator Harbor Aquaculture Use Zone/ Alligator Harbor Aquatic Preserve REQUEST: Approval to modify three existing 1.5-acre, ten-year sovereignty submerged land aquaculture leases to authorize use of the full water column. VOTING REQUIREMENT FOR APPROVAL: Three votes LOCATION: Alligator Harbor Aquatic Preserve, Alligator Harbor Aquaculture Use Zone, Franklin County, Florida APPLICANTS: Name Parcel Number Carmon Brownell F-20 William Lartz F-31 Kevin Griffin F-38 CONSIDERATION: An annual fee of $86.92, 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 rule18-21.022, 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 to modify the special lease conditions to allow use of the full water column, pursuant to section 253.68(1), F.S. The lessees plan to utilize water column racks or floating cages to position oysters in the most nutrient rich part of the water column, thereby eliminating predation by the commonly found bottom oyster predators, and making fouling of the cages and the oysters controllable. The leases are located in the Alligator Harbor Aquatic Preserve and the Alligator Harbor Aquaculture Use Zone (AUZ). Of the forty-six parcels in the AUZ, twenty-eight have been approved for modification to allow use of the full water column. The lessees are current submerged land leaseholders and aquaculture certificate of registration holders. They are compliant with the terms and conditions of their existing leases and the Florida Department of Agriculture and Consumer Services (FDACS) Aquaculture Best Management Practices. Agency Review FDACS has determined that the proposed modifications and associated aquaculture activities will not result in adverse impacts to seagrasses, existing shellfish beds, natural reefs or other sensitive habitats. FDACS has reviewed the applications for completeness and evaluated the business plans. Additionally, FDACS has coordinated the review of the applications with the Department of Environmental Protection, the Florida Fish and Wildlife Conservation Commission, and the Franklin County Board of County Commissioners (County), pursuant to rule 18-21.021, F.A.C.
Page Eleven Item 4, cont. The County expressed concern that the water column modifications may prohibit traditional uses of the water body by the recreational boating community. FDACS has communicated to the County that FDACS relies on the expertise of the United States Coast Guard (USCG) to address the navigability of the state s waterways, in which the USCG reviewed the application for Alligator Harbor AUZ and issued a Private Aids to Navigation permit, authorizing signage and lighted markers which were installed along the perimeter of the AUZ to assist boat traffic. Additionally, FDACS relayed that there are 25-foot navigational easements separating each lease parcel in order to maintain access for boaters to traverse the AUZ. FDACS response was addressed at the January 6, 2015, Board of County Commissioner s meeting, and no further comments were received. A comment letter was also received from the United States Fish and Wildlife Service (USFWS) regarding conditions for in-water work near manatees. Their suggestions are currently addressed in the Aquaculture Best Management Practices and copies of the conditions accompany all executed lease agreements. Special Conditions All existing standard lease conditions will remain unchanged, including the remainder of the lessees ten-year renewable terms. The lessees are proposing gear which is not covered under FDACS general permit and will require an Army Corps of Engineers 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 only the above referenced comments from Franklin County and USFWS 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 4, Pages 1-18) RECOMMEND APPROVAL
Page Twelve Item 5 Levy County Water Column Lease Modifications/Gulf Jackson Aquaculture Use Zone/Dog Island North Aquaculture Use Zone/Big Bend Seagrasses Aquatic Preserve REQUEST: Approval to modify seven existing two-acre, ten-year sovereignty submerged land aquaculture leases to authorize use of the full water column. VOTING REQUIREMENT FOR APPROVAL: Three votes LOCATION: Big Bend Seagrasses Aquatic Preserve, Gulf Jackson Aquaculture Use Zone and Dog Island North Aquaculture Use Zone, Levy County, Florida APPLICANTS: Name Parcel Number Pescador Seafood, Inc. L-661 Jonathan Gill and Shawn Stephenson L-6018 Jennifer Gill L-862 Jonathan Gill L-863 Robert Witt L-864 Caryn Stephenson L-865 Michael Roach L-866 CONSIDERATION: An annual fee of $86.92, 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 to modify the special lease conditions to allow use of the full water column, pursuant to section 253.68(1), F.S. The lessees plan to utilize various grow-out containers and deployment methods in different levels of the water column to determine the most productive system. The leases are located in the Big Bend Seagrasses Aquatic Preserve. Of the 110 parcels in the Gulf Jackson Aquaculture Use Zone (AUZ), one parcel has previously been approved for modification to allow use of the full water column. There are currently no other water column leases within the 31-parcel Dog Island North AUZ. 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 the Florida Department of Agriculture and Consumer Services (FDACS) Aquaculture Best Management Practices. Agency Review FDACS has determined that the proposed modifications and associated aquaculture activities will not result in adverse impacts to seagrasses, existing shellfish beds, natural reefs or other sensitive habitats. FDACS has reviewed the applications for completeness and evaluated the business plans.
Page Thirteen Item 5, cont. Additionally, FDACS has coordinated the review of the applications 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 objections on the proposed lease modifications and associated activities. The lessees are 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 All existing standard lease conditions will remain unchanged, including the remainder of the lessees ten-year renewable terms. The requirement to obtain a permit from the USCG for Private Aids to Navigation will be a special condition of the leases. Additionally, the lessees are proposing gear which is not covered under FDACS general permit and will require an Army Corps of Engineers 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 1-16) RECOMMEND APPROVAL