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Full text of "Minutes of the Trustees of the Internal Improvement Trust Fund, State of Florida."

F. I. 'J- '-IBRARY 
EUORIDA DOCUMENI 



MINUTES 

OF THE 

TRUSTEES 

OF THE 

Internal Improvement 
Trust Fund 

State of Florida 



VOLUME XXXVII 



From July 1, 1968 to June 30, 1970 

Published Under Authority of Trustees of Internal 
Improvement Trust Fund 




TALLAHASSEE, FLORIDA 
1971 



MINUTES 

OF THE 

TRUSTEES 

OF THE 

Internal Improvement 
Trust Fund 

State of Florida 



VOLUME XXXVII 



From July 1, 1968 to June 30, 1970 

Published Under Authority of Trustees of Internal 
Improvement Trust Fund 




TALLAHASSEE, FLORIDA 
1971 



Digitized by the Internet Archive 

in 2010 with funding from 

Lyrasis IVIembers and Sloan Foundation 



http://www.archive.org/details/minutesoftrustee37flor 



Tallahassee, Florida 
July 2, 1968 



The Trustees of the Internal Improvement Fund met on this date in 
the Capitol in Senate Hearing Room 31, with the following members 
present: 

Claude R. Kirk, Jr. Governor 

Tom Adams Secretary of State 

Earl Faircloth Attorney General 

Fred 0. Dickinson, Jr. Comptroller 

Broward Williams Treasurer 

Floyd T. Christian Superintendent of Public Instruction 

Doyle Conner Commissioner of Agriculture 



Robert C. Parker Director 



On motion duly adopted, the Trustees approved minutes of the 
meeting of June 25, 1968. 



The Director distributed to the members a communication which 
was entitled "Response to Charges Made by Representative M. T. 
Randell" against the Director. Copies were also given to the 
press. 



BREVARD COUNTY - Dredge Permit, Section 253.123. Department of 
the Army, Jacksonville District, Corps of Engineers, made appli- 
cation for permit to deepen the existing Saturn Barge Channel 
from the barge canal north to the VAC turning basin in the Banana 
River in Townships 22, 23 and 24 South, Range 37 East, Brevard 
County. The present depth of minus-ten feet MSL would be 
increased to minus-thirteen feet MSL. Material removed would 
be deposited upon spoil areas under dedication to the United 
States, spaced at 900- foot intervals and located 750 feet from 
the channel edge. 

Staff requested waiver of biological or ecological report as 
provided under Section 253. 123 (3) (a) for this public project. 

On motion by Mr. Adams, seconded by Mr. Christian and adopted 
unanimously, the Trustees authorized issuance of the dredging 
permit. 



DADE COUNTY - Dredge Permit, Beach Nourishment, Section 253.123. 
W. H. Webb, Village Manager, for the Village of Bal Harbour, 
applied for permit to remove 100,000 cubic yards of material from 
two spoil islands in Biscayne Bay in Sections 22, 23, 26 and 27 
in Township 52 South, Range 42 East, Dade County. 



7-2-68 

- 1 



The material would be used for a beach nourishment project 
approved by the Staff of the Florida Board of Conservation, which 
reported that the dredge area was sandy and unvegetated, and that 
the project should have no significant adverse effects on the 
marine resources of the area. 

Motion was made by Mr. Adams, seconded by Mr. Christian and 
adopted unanimously, that the Trustees authorize issuance of the 
permit. 



MONROE COUNTY - Dredge Permit, Section 253.03. Charles H. Netter, 
on behalf of Palmhurst, Inc., was present last week and the 
Trustees granted his request to have placed on the agenda as an 
emergency or hardship his application for permit to construct six 
canals across applicant-owned 11.47 acres of submerged land, and 
a perimeter navigation channel adjacent to applicant's ownership 
on the Gulf of Mexico side of Big Coppitt Key in Section 22, 
Township 67 South, Range 26 East, Monroe County. The material 
excavated from the interior and perimeter channels was to be 
placed on upland property of the applicant. 

Florida Board of Conservation by letter of June 24, 1968, reported 
that the subject area was not a sport or commercial fishery 
habitat, but it had marginal value as a nursery ground for marine 
life and as a bird habitat. The red mangroves, seagrasses and 
algae concerned were not as lush or productive as in many other 
shallow marine areas in the Florida Keys. 

Motion was made by Mr. Williams, seconded by Mr. Adams and 
adopted unanimously, that the pepmit be approved. 



PALM BEACH COUNTY - Dredge Permit, Section 253.123. Florida 
Public Utilities, represented by Gee and Jenson, Consulting 
Engineers, Inc., of West Palm Beach, Florida, applied for permit 
to install a 6-inch subaqueous gas line crossing the Intracoastal 
Waterway in Sections 9 and 16, Township 47 South, Range 43 East, 
Palm Beach County. 

Staff requested waiver of the requirement for biological or 
ecological study as provided under Section 253. 123 (3) (a) , since 
the public need will be served. 

Motion was made by Mr. Williams, seconded by Mr. Faircloth and 
Mr. Christian, that the permit be approved. Without objection, 
the motion was adopted. 



ESCAMBIA COUNTY - Dock Permit, Section 253.03. M. L. Sheppard, 
Shelter Cove Marina, Mobile, Alabama, applied for a permit for 
construction of a dock for commercial purposes south of the 
Intracoastal Waterway in Big Lagoon in Section 14, Township 3 
South, Range 32 West, Escambia County. All required exhibits, 
including $100.00 processing fee, were submitted. 

On motion by Mr. Dickinson, seconded by Mr. Faircloth and adopted 
without objection, the Trustees approved issuance of the dock 
permit. 



COLLIER COUNTY - Oil and Gas Drilling Lease. The Trustees on May 
21, 1968, authorized advertising for a five-year oil and gas 



7-2-68 



- 2 - 



drilling lease, pursuant to law, of their reserved one-half 
interest in the underlying petroleum and petroleum products in 
the NW^ of NW^ of Section 5, Township 46 South, Range 30 East, 
Collier County. Proof of publication was filed in the Trustees' 
office of legal notices published in the Tallahassee Democrat 
and Collier County News , calling for bids to be opened on this 
date and reserving the right to reject any and all bids. 

The only sealed bid received was from Sun Oil Company which was 
opened and read. Sun Oil Company offered $250.00 consideration 
and $20.00 rental for the first year for a State Drilling Lease 
for oil, gas, sulphur, salt and/or brines covering the reserved 
interest of the Trustees in the 40 surface acres, and agreed to 
pay all advertising costs if it was the successful bidder. 
Cashier's checks for the above amounts were enclosed. 

Staff recommended acceptance of the bid from the qualified 
bidder. Sun Oil Company. 

Motion was made by Mr. Adams, seconded by Mr. Faircloth and 
adopted unanimously, that the bid be accepted for the lease of 
the Trustees' reserved one-half interest. 



PALM BEACH COUNTY - The Board of Regents requested issuance of an 
easement to the Florida Power and Light Company for the purpose 
of providing electrical service to the Alexander D. Henderson 
University School at the Florida Atlantic University. The 
easement was approved by the Board of Regents, and approved as to 
form and legality by the Attorney General. Easement was requested 
on a strip of land 10 feet wide and 284 feet long in the S^k of 
Section 18 and tW% of Section 19 in Township 47 South, Range 43 
East, Palm Beach County. 

Motion was made by Mr. Williams, seconded by Mr. Christian and 
adopted without objection, that the Trustees approve issuance of 
the easement requested by the Board of Regents for Florida Power 
and Light Company. 



DADE COUNTY - Proposed Biscayne National Monument. On June 18, 
1968, the Trustees gave consideration to request received by 
Governor Kirk from Secretary of the Interior Stewart L. Udall, 
that the State of Florida advise as to their position concerning 
the availability of state-owned lands without cost in the event 
authorizing legislation is enacted creating Biscayne National 
Monument. After due consideration, the Trustees adopted a motion 
requesting the Attorney General to assist the Staff in prepara- 
tion of a suitable resolution outlining the position of the State 
of Florida with respect to those state-owned lands. 

Draft of a resolution prepared by the office of the Attorney 
General which outlined the position of the Trustees in the event 
the Congress adopts enabling legislation was presented for 
consideration. It had been forwarded to all Trustees and liaison 
staff members for their review. 

Mr. Faircloth said he would like to suggest that the wording 
of the draft be changed to show "...acquisition of all privately 
owned lands within the Monument area" and that a time limitation 
be included. 

Motion was made by Mr. Adams, seconded by Mr. Christian, that the 



7-2-68 

- 3 - 



first suggestion be adopted. Mr. Williams made a motion, seconded 
by Mr. Christian, that the commitment would expire within one 
year. 

The resolution prepared by the Attorney General, as amended and 
adopted unanimously by the Trustees, is as follows: 



RESOLUTION 
RELATING TO DONATION, UNDER CERTAIN CONDITIONS, 
OF STATE-OWNED LANDS FOR INCLUSION IN PROPOSED 
BISCAYNE NATIONAL MONUMENT IN DADE COUNTY, FLORIDA 



See modified 
resolution, 
minutes of 
July 9,1968 



WHEREAS, the Governor and Cabinet Board of Commissioners of 
State Institutions of the State of Florida, at the request of the 
Board of County Commissioners of Dade County and of more than 
thirty (30) civic, governmental and conservationist organizations, 
did adopt on June 13, 1967, a resolution reaffirming the State's 
interest in and support for the establishment of Biscayne National 
Monument in the Islandia area as proposed in House Resolution 551, 
and did request that the Congress of the United States expedite 
consideration of House Resolution 551 so that the preservation of 
this unique marine area in its pristine state may be assured 
through establishment of said Biscayne National Monument; and 

WHEREAS, the Secretary of the United States Department of 
Interior has advised the Governor of Florida that the House 
Committee on Interior and Insular Affairs is now considering 
Department of Interior plans fcr the acquisition, development 
and management of a proposed Biscayne National Monument; and 

WHEREAS, the Secretary of Interior has advised the Governor 
in a letter of June 7, 1968, which letter the Governor as Chairman 
presented to the Trustees of the Internal Improvement Fund on 
June 18, 1968, that "although it is not enunciated in House 
Resolution 551, the Committee has a long-standing policy that 
State lands acquired for park purposes will be secured without 
a transfer of funds", and requesting " a statement as to the posi- 
tion of the State of Florida regarding the donation of the 
involved State lands in the event that this area is authorized by 
Congress"; and 

WHEREAS, the proposed area to be encompassed by Biscayne 
National Monument includes privately owned lands as well as 
State-owned lands; Now, Therefore, 

BE IT RESOLVED BY THE TRUSTEES OF THE INTERNAL IMPROVEMENT 
FUND OF THE STATE OF FLORIDA, That the Trustees of the Internal 
Improvement Fund herewith agree to donate said State-owned lands 
only after completion of (1) Congressional authorization and 
designation of the proposed Biscayne National Monument, and 
(2) Congressional appropriation of federal funds for acquisition 
of all privately owned lands within the Monument area, at just 
compensation to the private owners. 

This commitment shall expire one year from date of adoption 
of this resolution. 

IN WITNESS WHEREOF, the said Trustees of the Internal 
Improvement Fund of the State of Florida have hereunto sub- 
scribed their names and have caused the official seal of said 
Trustees to be hereunto affixed, in the City of Tallahassee, 
Florida, on this the 2nd day of July, A.D. 1968. 

CLAUDE R. KIRK, JR. 
Governor 



7-2-68 



- 4 - 



TOM ADAMS 
Secretary of State 

EARL FAIRCLOTH 
Attorney General 

FRED O. DICKINSON, JR. 
Comptroller 

BROWARD WILLIAMS 
Treasurer 

FLOYD T. CHRISTIAN 

Superintendent of Public Instruction 

DOYLE CONNER 

Commissioner of Agriculture 



SUBJECTS UNDER CHAPTER 18296 

On motion by Mr. Williams, seconded by Mr. Christian and adopted 
unanimously, the Trustees approved Report No. 935 listing one 
regular bid for sale of land in Seminole County under provisions 
of Chapter 18296, Acts of 1937 - the Murphy Act. 



REFUNDS - Murphy Act. On motion by Mr. Williams, seconded by 
Mr. Christian and adopted without objection, the Trustees 
authorized refund of the amount of $10.00 to each of the three 
following applicants, being the fee tendered for release of the 
state road right of way reservation contained in the numbered 
Murphy Act deeds, for the reason that the State Road Departmeni 
declined to recommend release of the reservations. / 

Hillsborough County Deed No. 1344 
Hillsborough County Deed No. 264 
Hillsborough County Deed No. 2022, 



On motion duly adopted, the me^rt/ing adjourne 



ATTEST: 



r^yLc^e. ^^ 




DIRECTOR 



SECRETARY 



* * * 



* * * 



* * * 



Tallahassee, Florida 
July 9, 1968 



The Trustees of the Internal Improvement Fund met on this date 
in the Capitol in Senate Hearing Room 31, with the following 
members present: 



Tom Adams 



Secretary of State, Acting Chairman 



7-9-68 



5 - 



Earl Faircloth Attorney General 

Fred O. Dickinson, Jr. Comptroller 

Broward Williams Treasurer 

Floyd T. Christian Superintendent of Public Instruction 

Doyle Conner Commissioner of Agriculture 



Robert C. Parker Director 



On motion duly adopted, the Trustees approved minutes of the 
meeting of July 2, 1958. 



BREVARD COUNTY - File No. 2117-05-253.12. On May 28, 1968, the 
Trustees authorized advertisement for objections only of two parcels 
of previously filled sovereignty land lying within Lots 16 and 23, 
State Tree Shores Subdivision, Plat Book 8, Page 48, in Section 10, 
Township 22 South, Range 3 5 East, at one time being the submerged 
bottoms of Indian River landward of the established bulkhead line 
in Brevard County, containing 0.196 acre, more or less, in the City 
of Titusville, Florida. Notice of sale was published in the Titus- 
ville Star-Advocate, proof of publication filed and no objection to 
the sale received. 

Application was made by 0. B. Hunter, Jr., William D. Dolan and 
August Kramm, who offered to pay $1,500.00 per acre for the 
sovereignty land and in addition, offered to pay 50<? per cubic yard 
for the 3,152 cubic yards of material previously used to fill the 
subject parcel. The minutes of May 21 contained complete infor- 
mation on this application for two parcels now fully developed and 
due to no fault of the applicants, being a portion of a motor lodge 
complex in Titusville. 

On motion by Mr. Dickinson, adopted without objection, the Trustees 
confirmed sale of the advertised land at the appraised price of 
$1,500.00 per acre plus payment for the used fill material as 
offered by the applicants. 



DADE COUNTY - Dredge Permit, Section 253.123. Southern Bell Telephone 
and Telegraph Company of Jacksonville, Florida, applied for a permit 
for installation of a submarine cable crossing the Intracoastal 
Waterway in Section 14, Township 52 South, Range 42 East, Dade County. 
Staff requested waiver of the biological or ecological study as 
provided in Section 253 .123 (3) (a) Florida Statutes, since the public 
need would be served by the work. 

On motion by Mr. Dickinson, adopted without objection, the Trustees 
authorized issuance of the permit. 



DADE COUNTY - Dredge Permit, Section 253.123. Southern Bell 
Telephone and Telegraph Company of Jacksonville, Florida, applied 
for permit for installation of a submarine conduit crossing the 
Intracoastal Waterway in Section 8, Township 53 South, Range 42 
East, in Biscayne Bay, Dade County. Staff requested waiver of the 
biological or ecological survey as provided in Section 253 .123 (3) (a) 
Florida Statutes, as the public need would be served. 

On motion by Mr. Williams, adopted without objection, the Trustees 
authorized issuance of the permit. 



7-9-58 



- 6 - 



PINELLAS COUlNlTY - File Nos . 17447, 19742A. 22310-52-253.124 and 

253.123, Dredge and Fill Permits. 
Under the emergency provisions of the moratorium, the Trustees on 
June 25, 1968, considered a request for approval of dredge and fill 
permit issued by the Pinellas County Water and Navigation Control 
Authority on June 6, 1968, to C . R. Dudley, Jr., under the provisions 
of Section 253.124 Florida Statutes, and also request for issuance 
of a dredge permit under Section 253.123 Florida Statutes to dredge 
74,600 cubic yards of material bayward of the bulkhead line to 
accomplish the filling authorized in the above dredge and fill 
permit. The applicant would make payment for the fill material 
at the standard rate of 5<: per cubic yard. The Trustees deferred 
action pending resolution of problems involving sources of the dredge 
material . 

The Board of Conservation in meeting on this date approved the 
application by Leo Butler, on behalf of C. R. Dudley, Jr., and also 
an application for H. H. Baskin, Jr., as Agent and Attorney, for 
coastal construction permit for a seawall, a revetment and to back- 
fill, the material for the back-fill to be dredged from spoil area 
No. 100 E-4. 35,000 cubic yards, more or less, of material would 
be dredged for the second application, for which the dredge and fill 
permit was approved by Pinellas County Water and Navigation Control 
Authority on July 5, 1968. 

On the basis of the recommendations by the Division of Beaches and 
Shores and the action on this date by the Board of Conservation, 
the Staff recommended approval. 

On motion by Mr. Christian, seconded by Mr. Williams and adopted 
unanimously, the Trustees approved the dredge and fill permit issued 
by Pinellas County on June 6, 1968, to C . R. Dudley, Jr., under 
Section 253.124, and authorized issuance of a dredge permit under 
Section 253.123 to said applicant to dredge 74,600 cubic yards of 
material from the dredge area approved by the Board of Conservation 
subject to payment for the material at 5C per cubic yard. 

On motion by Mr. Conner, adopted without objection, the Trustees 
waived the rules to consider the application for H. H. Baskin, Jr., 
as Agent and Attorney. 

Motion was made by Mr. Faircloth, seconded by Mr. Williams and 
adopted without objection, that the Trustees also approve the 
dredge and fill permit issued by Pinellas County on July 5, 1968, 
to H. H. Baskin, Jr., as Agent and Attorney, under Section 253.124, 
and authorized issuance of a dredge permit under Section 253.123 to 
said applicant to dredge 36,000 cubic yards, more or less, from the 
dredge area approved by the Board of Conservation subject to payment 
for the material at 5<: per cubic yard. 



LEE COUNTY - Legislative Grant; Fill Permit; Sections 253.124 and 

253.123. 
The City of Fort Myers, Florida, on May 7, 1968, issued a fill permit 
to Vacation Time, Inc., c/o Holiday Inn, Fort Myers, under the pro- 
visions of Section 253.124 Florida Statutes, to fill a 0.33 acre 
parcel of submerged land in the Caloosahatchee River in Sections 14 
and 23, Township 44 South, Range 24 East, title to which was formerly 
vested in the City of Fort Myers by Special Act of the Legislature 
in 1915. The Trustees were requested to approve the fill permit, 
and also to issue a dredge permit to said applicant under the provi- 
sions of Section 253.123 Florida Statutes, to dredge a small access 
channel from the channel of the Caloosahatchee River to the subject 



7-9-68 



parcel and to use the spoil therefrom to fill said parcel, all from 
bottoms owned by the city in Lee County. 

The application was placed on the agenda at the request of Honorable 
Broward Williams, Treasurer of the State of Florida, since the 
Inter-Agency Advisory Committee on Submerged Land Management had 
reviewed the dredge and fill application and found no objection to 
the project. On July 2, 1968, the Committee had agreed that the 
application might be placed on the Trustees' agenda. 

The biological report submitted by the Board of Conservation to the 
Mayor of the City of Fort Myers under date of May 21, 1968, showed 
that the fill and channel areas had been affected by previous 
dredging and filling and siltation, and the proposed project would 
not adversely affect marine life. 

On motion by Mr. Williams, seconded by Mr. Dickinson and adopted 
unanimously, the Trustees approved the dredge and fill permit 
issued by the City of Fort Myers under Section 253-124 Florida 
Statutes, and authorized issuance of a dredge permit under Section 
253.123 for construction of the access channel. 



LEE COUNTY - Artificial Reef Permit. Application was made by 
D. K. O'Mahony on behalf of Fort Myers Shell and Dredging Co., Inc. 
for permit to construct an artificial reef in the Caloosahatchee 
River in Section 33, Township 44 South, Range 24 East, Lee County. 
The reef will be constructed by sinking two steel barges in water 
depth of minus 32 feet Mean Low Water, and the minimum water 
depth over the barges will be minus 26 feet Mean Low Water. 

The Board of Conservation reported favorably on the project and 
the Staff recommended approval. 

Motion was made by Mr. Christian, seconded by Mr. Conner and Mr. 
Williams, and adopted unanimously, that the Trustees authorize 
issuance of the artificial reef permit for $50.00 charge. 



DUVAL COUNTY - Dock Permit. Cdr . W. H. Bannister on behalf of the 
Department of the Navy, U. S. A., applied for permit to extend an 
existing pier in the St. Johns River adjacent to the Naval Hospital, 
Jacksonville, Florida, in Section 44, Township 3 South, Range 26 
East, Duval County. 

All required exhibits were submitted and the Staff recommended 
waiver of the $100.00 processing fee and approval of the permit. 

Motion was made by Mr. Williams, seconded by Mr. Dickinson and 
adopted unanimously, that the Trustees authorize issuance of the 
dock permit without charging the usual processing fee. 



OKALOOSA COUNTY - Easement, Section 253.03. Arthur L. Cook of 
Pensacola, Florida, requested right of way 20 feet wide and 571 
feet long across land in use by the Florida Board of Forestry in 
Blackwater River State Forest, in order to gain access to his 
private ownership in the S^ of NE^j of Section 34, Township 6 North, 
Range 25 West, Okaloosa County. In return, Mr. Cook agreed to 
provide access for the Board of Forestry, its employees and other 
authorized persons, across his land to an area on the Blackwater 



7-9-68 
- 8 - 



River owned by the state which at present is inaccessible. He 
will do all the road construction at no cost to the state. 

The Board of Forestry approved the request. In consideration of 
the benefits v^ich will accrue to the state, the Staff recommended 
issuance of an easement to the applicant. 

On motion by Mr. Dickinson, seconded by Mr. Williams and adopted 
unanimously, the Trustees authorized issuance of the easement as 
requested. 



SANTA ROSA COUNTY - Oil and Gas Drilling Lease. On May 28, 1968, 
upon application of St. Mary de Galvez Corporation of Pensacola, 
Florida, the Trustees authorized advertisement for competitive 
sealed bids for an oil and gas drilling lease covering approximately 
47,932 acres of submerged water bottoms in East Bay, Blackwater Bay 
and that portion of Escambia Bay lying in Santa Rosa County. Legal 
notices were published in the Tallahassee Democrat and the Milton 
Press-Gazette calling for sealed bids on or before 10:00 A.M. on 
July 9, 1968, for a 10-year state drilling lease requiring a 
royalty of 1/8 in kind or in value for oil and gas and 5% of value 
at well-head for sulphur, salt and/or other brines produced, and 
an annual rental of 20<: per acre. Lease will require lessee to 
commence drilling at least one test well within the first year 
period of the lease with all wells to be drilled to a depth of 
6,000 feet or to 200 feet below the top of the Lower Tuscaloosa 
formation - whichever is deeper. The successful bidder would be 
required to pay all advertising costs, and the Trustees reserved 
the right to reject any or all bids. 

The only bid received was opened by Staff Member James T. Williams 
and read. It was from J. Melvin Young, Arden A. Anderson and Philip 
D. Beall, all of Pensacola, offering a cash consideration of 
$9,836.50, consisting of the first year's rental in the amount of 
$9,586,40 and a bonus of $250.10. The Director pointed out that 
the proposed lease required commencement of drilling a test well 
within one year, instead of the 2*5 years required by law. 

On motion by Mr. Dickinson, seconded by Mr. Williams and adopted, 
the Trustees directed that the Staff review the bid received, and 
bring the matter back for action next week. 



SHELL LEASE REPORT - On motion by Mr. Williams, adopted without 
objection, the Trustees accepted as information the following report 
of remittances received by the Florida Board of Conservation from 
holders of shell leases: 

Lease No. Name of Company Amount 

1718 Radcliff Materials, Inc. $9,936.50 

1788 Benton and Company, Inc. 5,358.26 

2233 Bay Dredging & Construction Co. 4,953.29 

2235 Ft. Myers Shell & Dredging Co. 98.02 



PINELLAS COUNTY - On April 30, 1968, the Board of Commissioners of 
State Institutions approved the recommendation of the Cabinet 
Committee to accept a parcel of land without cost from the City 



7-9-68 

- 9 - 



of St. Petersburg on Mirror Lake as the site of a new state office 
building in Pinellas County. The Attorney General examined and 
approved the title to the parcel. Deed dated June 12, 1968, from 
the City of St. Petersburg conveying title to the 3.26 acre parcel 
to the Trustees for use as a site for a state office building was 
received for acceptance by the Trustees. 

It was recommended that the Trustees agree to continued use by the 
city of the Water Department Building located on the site until such 
time as the state requires the site for construction, that the state 
provide a sidewalk along the perimeter of Mirror Lake from Second 
Avenue North to Third Avenue North, and that the state maintain the 
existing lake shoreline in substantially its present condition. 

On motion by Mr. Dickinson, seconded by Mr. Williams and adopted 
without objection, the Trustees accepted title to the parcel and 
agreed to the above three recommendations as to use of the parcel, 
sidewalk and shoreline maintenance. 



TRUSTEES POLICY - Guide lines for establishing value of fill material 
for future transactions. On February 27, 1968, Governor Kirk appointed 
a special committee of Trustees, with Secretary of State Tom Adams 
named as chairman, for the purpose of reviewing and making recommen- 
dations to the Trustees concerning several areas, including the amount 
to be charged for fill material. This special committee made a 
report to the Trustees on May 14, 1968, which included authoriza- 
tion to appoint technical advisory committee of registered appraisers 
and professional engineers to make recommendations to the Trustees 
as to guidelines for establishing the value of fill material. 

Secretary of State Tom Adams, chairman of the subcommittee, by 
memorandum of July 3, 1968, recommended creation of a "Technical 
Advisory Committee on Fill" to consist of five members, three of 
whom should be professional engineers and the other two to be 
registered appraisers. Mr. Adams suggested the appointment of the 
five persons named hereafter. 

Mr. Dickinson said he thought they were well qualified and made a 
motion, seconded by Mr. Williams and adopted without objection, 
that the following persons suggested by Mr. Adams be appointed as 
a Technical Advisory Committee on Fill: 

Professional Engineers: (1) Richard B. Hellstrom, P. E., 
Chairman (Administrative Assistant to Secretary of State Tom 
Adams); (2) P. J. White, P. E. (Assistant State Highway 
Engineer for Construction, Florida State Road Department) ; 
(3) Kenneth C. Mock, P. E. (President of Mock, Roos and 
Searcy, Consulting Engineers) ; and 

Registered Appraisers: (4) N. R. Boutin, M. A. I. (Assistant 
Chief Appraiser, Florida State Road Department) ; and 
(5) James M. Doss, S. R. A. (Bradenton Appraiser). 



On motion duly adopted, the Trustees designated Mr. Conner as 
chairman, Messrs. Faircloth and Dickinson as members, of a special 
committee to review the information and documentation furnished by 
the Director last week as the response to charges made by Represen- 
tative M. T. Randell, and to make recommendation to the Trustees 
at a later date. 



7-9-68 
- 10 - 



DADE COUNTY - Proposed Biscayne National Monument. On July 2, 1968, 
the Trustees adopted a resolution relating to donation, under certain 
conditions, of state-owned lands for inclusion in the proposed 
Biscayne National Monument in the Islandia area in Dade County. in 
the consideration of the matter by the House Committee on Interior 
and Insular Affairs in Washington, some questions arose because of 
the wording in the resolving clause under (2) which read as follows: 
"Congressional appropriation of federal funds for acquisition of 
all privately owned lands within the Monument area, at just compen- 
sation to the private owners." Mr. Faircloth said that it seemed 
to be a matter of semantics which might interfere with the progress 
on the establishment of a National Monument, and that to the extent 
that the Board could accommodate by amending the wording in the 
resolution while still preserving the state's right to some 85,000 
acres of submerged land in the area, he thought the Trustees would 
reconsider the resolution. 

Mr. Adams and Mr. Faircloth said it had been made clear from actions 
in the past that the Cabinet had gone on record as favoring the 
monument idea, and that i.he Governor had sent a telegram on July 8th 
to help resolve the problem. 

Mr. J. F. Radford, State President of Izaak Walton League and for 
several years actively engaged in the monument establishment, said 
that the difficulty was that the monument land was not to be paid 
for by an appropriation but by a Land and Water Conservation Bill, 
that if the Trustees wished to change their terminology in the 
resolution he would suggest that the Committee be advised immediately 
and possibly Congressman Dante Fascell, also. 

Mr. Faircloth said the Trustees wanted to be sure there would be no 
unreasonable delay, that the boundaries of the monument would be 
designated and the citizens compensated for their land, and the 
Trustees had put a time limit on the offer to donate the large 
amount of state submerged land, 85,000 acres. Mr. Adams said the 
record should show that if there appeared to be a dilatory effort 
on the part of the federal authorities to move forward with dispatch, 
then the state was not necessarily bound, and he pointed out their 
concern over the fact that some people still had not been paid in 
the Everglades National Park. 

Mr. Faircloth suggested that the resolution be amended to substi- 
tute "Congressional authorization for the appropriation.." which 
was accepted by the other members. Mr. Redford said he thought 
that was fair for both sides. 

Mayor Ralph A. Fossey of the City of Islandia said that the Islandia 
property owners asked for nothing but fair and above-board treatment, 
plus the opportunity to be heard in public forum. Their concern 
was that there were many different areas in the United States that 
were authorized but not paid for, including many thousand acres in 
Everglades National Park. He disagreed with the Board's stand on 
the monument, for the reason that he would prefer it to be a state 
rather than federal acquisition, in the hands of our state elected 
officials. 

Mr. Fossey called attention to another thing, that Congress make 
provision for the orderly transfer of all the obligations of the 
municipality and assist in the obvious necessity of dissolution of 
the municipality. The City of Islandia had obligations with 
planners, engineers, they had cleared miles of right of way, and 
they had attempted to have a conference with the Secretary of the 
Interior, Stewart Udall, or his representative about this. 



7-9-68 

- 11 - 



Mr. Conner said it was only fair to include the municipality, and 
Mr. Adams suggested "acquisition of all non-federally-owned land 
within the monument area." Mr. Fossey said he hoped the intent was 
to show clearly that appropriation was available to pay just compen- 
sation to all property owners within a reasonable time. Mr. Adams 
said he was sure there would have to be some judicial determination 
as to what just value was, and Mr. Faircloth agreed that the one 
year limitation would not include a total closing of all negotia- 
tions but that the federal government would designate the park 
limits and have the money properly designated before the state lands 
would be given. 

Motion was made by Mr. Faircloth, seconded by Mr. Christian and Mr. 
Williams, and adopted unanimously, that the amendments suggested 
by Mr. Faircloth and by Mr. Adams be substituted in the revised 
resolution which, as modified, read as follows: 

RESOLUTION 
RELATING TO DONATION, UNDER CERTAIN CONDITIONS, OF 
STATE-OWNED LANDS FOR INCLUSION IN PROPOSED BISCAYNE 
NATIONAL MONUMENT, DADE COUNTY, FLORIDA 

WHEREAS, the Governor and Cabinet Board of Commissioners of 
State Institutions of the State of Florida, at the request of the 
Board of County Commissioners of Dade County and of more than 
thirty (30) civic, governmental and conservationist organizations, 
did adopt on June 13, 1967, a resolution reaffirming the State's 
interest in and support for the establishment of Biscayne National 
Monument in the Islandia area as proposed in House Resolution 551, 
and did request that the Congress of the United States expedite 
consideration of House Resolution 551 so that the preservation of 
this unique marine area in its pristine state may be assured through 
establishment of said Biscayne National Monument; and 

WHEREAS, the Secretary of the United States Department of 
the Interior has advised the Governor of Florida that the House 
Committee on Interior and Insular Affairs is now considering 
Department of Interior plans for the acquisition, development and 
management of a proposed Biscayne National Monument; and 

WHEREAS, the Secretary of Interior has advised the Governor 
in a letter of June 7, 1968, which letter the Governor as Chairman 
presented to the Trustees of the Internal Improvement Fund on June 
18, 1968, that "although it is not enunciated in House Resolution 
551, the Committee has a long-standing policy that State lands 
acquired for park purposes will be secured without a transfer of 
funds," and requesting "a statement as to the position of the State 
of Florida regarding the donation of the involved State lands in 
the event that this area is authorized by Congress"; and 

WHEREAS, the proposed area to be encompassed by Biscayne 
National Monument includes privately-owned lands as well as State- 
owned lands; Now, Therefore, 

BE IT RESOLVED BY THE TRUSTEES OF THE INTERlsLAL IMPROVEMENT 
FUND OF THE STATE OF FLORIDA, That the Trustees of the Internal 
Improvement Fund herewith agree to donate said State-owned lands 
only after completion of (1) Congressional authorization and desig- 
nation of the proposed Biscayne National Monument, and (2) Congres- 
sional authorization for the appropriation of federal funds for 
acquisition of all non-federally-owned lands within the Monument 
area, such acquisition to provide just compensation to said owners. 

The above determination by the Federal Government shall be made 



7-9-68 
- 12 - 



within one year from date hereof or this commitment will expire. 

IN WITNESS WHEREOF this Resolution is signed on this 9th day 
of July, A. D. 1968, b^ Honorable Tom Adams, Secretary of State, 
Acting Chairman of the Trustees of the Internal Improvement Fund, and 
attested by Robert C. Parker, Director-Secretary. 



ATTEST: (s) 



ROBERT C. PARKER 
Director - Secretary 



(s) TOM ADAMS 

Secretary of State 



On motion duly adopted, the meeting was adjourned. 




SECRETARY OF STATE - ACTING CHAIRMAN 



ATTEST: 



DIRECTOR - SECRETARY 



Tallahassee, Florida 
July 16, 1968 



The Trustees of the Internal Improvement Fund met on this date in 
the Capitol in Senate Hearing Room 31, with the following members 
present: 



Claude R. Kirk, Jr , 
Tom Adams 
Fred 0. Dickinson, 
Broward Williams 
Floyd T. Christian 
Doyle Conner 



Governor 

Secretary of State 
Jr. Comptroller 
Treasurer 

Superintendent of Public Instruction 
Commissioner of Agriculture 



Robert C. Parker 



Director 



On motion duly adopted, the Trustees approved minutes of the 
meeting of July 9, 1968. 



CliARLOTTE COUNTY - Bulkhead Line. Section 253.122 Florida Statutes 
Presented to the Trustees for consideration, at the recommendation 
of the Interagency Advisory Committee on Submerged Land Management, 
was a bulkhead line in the Peace River in Section 6, Township 41 
South, Range 23 East, Charlotte County. The City Council of the 
City of Punta Gorda by resolution adopted June 4, 1968, located 
and fixed the bulkhead line and there were no objections at the 
local hearing. 



7-16-63 



- 13 - 



The Florida Board of Conservation reported that the area was a 
low, mud-sand shoal with no seagrass growth, and that filling of 
the submerged land would probably not significantly affect marine 
resources of the area. 

Motion was made by Mr. Adams, seconded by Mr. Williams and adopted 
unanimously, that the Trustees approve the bulkhead line established 
by the City of Punta Gorda on June 4, 1968. 



COLLIER COUNTY - Bulkhead Line. Section 253.122 Florida Statutes. 
Presented to the Trustees for consideration, at the recommendation 
of the Interagency Advisory Committee on Submerged Land Management, 
v/as a bulkhead line which the Board of County Commissioners of 
Collier County by resolution adopted July 9, 1968, established in 
Big Marco River in Sections 4 and 9, Township 52 South, Range 26 
East, around the filled approaches to the proposed State Road No. 
951 bridge to Marco Island from Bear Point in Collier County. 

The submerged land lying inside the bulkhead line was inadvertently 
filled under Department of Army permit issued prior to the passage 
of Chapter 67-393, Laws of Florida, which made Section 253.12 
applicable to the state, its agencies and all political subdivisions 
and governmental units. 

Motion was made by Mr. Williams, seconded by Mr. Adams and adopted 
unanimously, that the Trustees approve the bulkhead line estab- 
lished by the Board of County Commissioners of Collier County on 
July 9, 1968. 



DUVAL COUNTY - Bulkhead Line and Dedication. Secretary of State 
Tom Adams described an application by the City Commission of the 
City of Jacksonville, Florida, for approval of a bulkhead line in 
the Trout River and dedication of submerged lands in connection 
with expansion of the Jacksonville Zoological Park and development 
of a marina, involving filling an area extending from the north 
shore of the Trout River. He said there had been an ecological 
report and the project was cleared by the Board of Conservation, 
and that if the Staff had sufficient information so that the 
Trustees could proceed to take action, he requested that the rules 
be waived and the application be considered by the members. 

The Director said that the city was in the process of acquiring 
title to one parcel of upland property, that the Staff reviewed 
the application on July 15th with Messrs. Irving C. Alsobrook, Jr., 
and H. George Garrison, representing the City of Jacksonville, and 
saw no impediments to the public project. 

Mr. Williams seconded the motion of Mr. Adams to waive the rules 
and give the application consideration on this date. Without 
objection, the motion was adopted. 

Mr. Adams said that since it would expedite the action which the 
City of Jacksonville must take in securing matching funds, he made 
a motion that the Trustees approve the bulkhead line adopted by 
resolution dated July 15, 1968, of the City Commission of the City 
of Jacksonville, and authorize the Staff to proceed to advertise 
for objections only on the dedication of submerged land inside said 
bulkhead line, described as 7 acres in Section 45, Township 1 South, 
Range 27 East, Duval County, to be used for public park, recreation 
and municipal purposes of the city. 



7-16-68 
- 14 - 



The motion was seconded by Mr. Williams and without objection, 
adopted. 



GLADES COUNTY - Central and Southern Florida Flood Control District 
applied for permit to excavate a boat channel and hyacinth barrier 
across the shallow area of Lake Okeechobee from the boat lock 
adjacent to Structure 127 in Section 2, Township 39 South, Range 
34 East, in Glades County, to deep water. 

Florida Game and Fresh Water Fish Commission reported favorably 
on the proposal subject to the leaving of six breaks in the 
hyacinth barrier at designated boat trails, and the Staff* 
recommended approval. 

On motion by Mr. Adams, seconded by Mr. Dickinson and adopted 
unanimously, the Trustees authorized issuance of the permit 
requested by Central and Southern Florida Flood Control District 
with the six breaks in the barrier. 



PALM BEACH COUNTY - Southern Bell Telephone and Telegraph 
Company, Jacksonville, Florida, applied for the following: 

(1) permit to install a submarine cable crossing the 
Intracoastal Waterway, North of Lake Worth Bridge, 
in Section 35, Township 43 South, Range 43 East, and 

(2) permit to install a submarine cable crossing the 
Intracoastal Waterway North of the Royal Palm Bridge 
in Section 22, Township 43 South, Range 43 East, 

both in Palm Beach County. The Staff requested waiver of the 
biological or ecological study as provided under Section 253.123 
(3) (a) as the public need would be served. 

Motion was made by Mr. Williams, seconded by Mr. Adams and adopted 
unanimously, that the Trustees authorize issuance of the permits 
requested. 



VOLUSIA COUNTY - Florida Board of Parks, by Director N. E. Miller, 
requested permit to install a four-inch steel submarine water 
main across the St. Johns River in Section 35, Township 17 South, 
Range 29 East, to provide potable water to Hontoon Island for 
development and operational purposes. The Staff recommended 
approval. 

Motion was made by Mr. Williams, seconded by Mr. Dickinson and 
adopted unanimously, that the permit be issued. 



VOLUSIA COUNTY - Florida Power Corporation, St. Petersburg, Florida, 
applied for permit to install a siabmarine power line across the 
St. Johns River in Section 35, Township 17 South, Range 29 East, 
Volusia County, to provide electrical service to Hontoon Island, 
the new development of the Florida Board of Parks. Staff 
recommended approval. 

Motion was made by Mr. Williams, seconded by Mr. Dickinson and 
adopted uananimously, that the permit be authorized. 



7-16-68 

- 15 - 



INDIAN RIVER COUNTY - The State Road Department requested 
temporary dredging area easement in the Indian River in Section 
27, Township 31 South, Range 38 East, Indian River County, in 
connection with construction of Wabasso Bridge. The dredging 
areas contained a total of 6.86 acres and the easement, to 
expire on April 10, 1972, would be subordinate to all prior 
grants given by the Trustees and the United States. 

A biological report from the Board of Conservation indicated 
that dredging would not affect marine biological resources of 
the area. 

On motion by Mr. Dickinson, seconded by Mr. Adams and adopted 
unanimously, the Trustees authorized the temporary dredging 
easement to the State Road Department. 



INDIAN RIVER COUNTY - The State Road Department applied for permit 
to remove 107,000 cubic yards of material from the Indian River 
in Section 27, Township 31 South, Range 39 East, Indian River 
County, to be placed on uplands at each end of the bridge at 
Wabasso, State Road 510, to raise the bridge approaches. 

A biological report submitted by the Board of Conservation 
indicated that dredging would not affect marine resources. 

On motion by Mr. Dickinson, seconded by Mr. Adams and adopted 
unanimously, the Trustees authorized issuance of the permit to 
the State Road Department. 



DADE COUNTY - Mr. Charles H. Rosenberg on behalf of Seacoast 
Towers West Apartments, Miami Beach, Florida, applied for permit 
to construct a dock in Indian Creek in Section 14, Township 53 
South, Range 42 East, Dade County, to be used by the tenants of 
said apartments. All required exhibits, including the $100.00 
processing fee, were submitted. 

On motion by Mr. Adams, seconded by Mr. Dickinson and adopted 
unanimously, the Trustees authorized issuance of state commercial 
dock permit to the applicant. 



POLK COUNTY - Mr. Tom Talbott III, on behalf of Chas. Orr's 
Marina, Inc., applied for permit to construct a marina for boat 
rental and storage in Lake Howard adjacent to his upland property 
described as Tract B-1, Tropical Park Replat, Winter Haven, 
Florida. All required exhibits, including the $100.00 processing 
fee, were submitted. 

On motion by Mr. Adams, seconded by Mr. Dickinson and adopted 
unanimously, the Trustees authorized issuance of state commercial 
dock permit to the applicant. 



DUVAL COUNTY - Dedication, Perpetual Spoil Easements. 

A. Mr. F. Bradley Kennelly, attorney for the Jacksonville Port 
Authority, local sponsor, on behalf of the United States of 
America, applied for a perpetual easement covering (1) spoil area 
in the St. Johns River in Township 1 South, Range 27 East, 
containing 232.0 acres; (2) an additional area in the St. Johns 
River in Township 1 South, Ranges 27 and 28 East, lying southerly 
of an existing spoil area at Quarantine Island, said additional 



7-16-68 
- 16 - 



area ccmprisinq 272.53 acres; and (3) a spoil area in the St. Johns 
River in Townships 1 and 2 South, Range 27 East, containing 
77.02 acres. 

The spoil areas were to be used in connection with the Jacksonville 
Harbor Deepening Project as authorized by River and Harbor Act of 
October 27, 1965. Letter dated May 24, 1967, from the Director 
of the Florida Board of Conservation made general comments as 
to the overall project. As the three tracts were located in the 
open waters of the St. Johns River, and in view of the public 
nature and benefits of the authorized improvements. Staff 
recommended that additional biological studies be waived and 
the easements be authorized. 

B. Also requested for permanent spoiling was a 173.07 acre tract 
in the Atlantic Ocean abutting the North Jetty right of way line 
at the mouth of the St. Johns River in Section 20, Township 1 
South, Range 29 East, also known as Ward's Bank. It was proposed 
that the spoil area would serve additionally as a future source 
of material for beach nourishment. Mr. W. T. Carlton, Director 
of Beaches and Shores Division of the Board of Conservation, 
offered no objection to deposit of materials in the proposed 
spoil area. 

Staff requested authority to issue the easements called for, 
on the spoil areas described above. 

Mr. Adams said that he believed there was no hesitancy on the 
part of any of the Trustees to give authority for such spoil 
easements where public works projects of this kind were involved. 
But he raised the question of the future use of the areas which 
increased in value after deposit of spoil material, when they 
might no longer be required as spoiling areas. The Director 
pointed out that the title remained in the Trustees, and when 
no longer needed the area would be released to the agency which 
had granted the easement. Governor Kirk then asked why it was 
designated "perpetual" spoil easement, and was informed that the 
United States considered it necessary, to insure continued use of 
the area for spoiling. 

Mr. Adams made a motion that the Trustees approve the easements 
subject to drafting of the legal instruments as recommended by the 
Attorney General and the Board of Conservation after careful 
scrutiny. The motion was seconded by Mr. Christian and without 
objection, adopted. 



SANTA ROSA COUNTY - Oil and Gas Drilling Lease. On July 9, 1968, 
bid was opened at the Trustees' meeting for a ten-year oil and gas 
lease of 47,932 acres of submerged water bottoms in East Bay, 
Blackwater Bay and that portion of Escambia Bay in Santa Rosa 
County The only bid received was from J. Melvin Young, Arden 
A. Anderson and Philip D. Beall, all of Pensacola, offering for a 
lease under the terms and conditions as advertised a cash consider- 
ation of $9,836.50, consisting of the first year's rental in the 
amount of $9,586.40 and a bonus of $250.10. The Board deferred 
action pending review and recommendation by the Staff. 

Although the bonus bid might be considered low, the lessee under 
the proposed lease was required to commence drilling a test well 
within one year in liew of the two and one-half years required by 
law. Therefore, Staff recommended award of the lease. 



7-16-68 

- 17 - 



On motion by Mr. Christian, seconded by Mr. Dickinson and adopted 
unanimously, the Trustees accepted the bid and awarded the lease, 
under the terms and conditions as advertised, to J. Melvin Young, 
Arden A. Anderson and Philip D. Beall. 



TRUSTEES FUNDS - East Central Florida Regional Planning Council 
in meeting on June 12, 1968, in New Smyrna Beach, Florida, 
authorized its Chairman, Honorable Lee R. Maxwell, to make appli- 
cation to the Trustees of the Internal Improvement Fund for a 
short-term loan in the amount of $18,000.00 to enable the Council 
to meet its financial commitments for the current fiscal year 
and the early part of the new fiscal year. The Planning Council 
was composed of representatives of seven contiguous counties in 
the NASA area, consisting of Brevard, Indian River, Lake, 
Orange, Osceola, Seminole and Volusia Counties. 

In justification of the loan, the Council submitted information 
that one of the major studies now in progress was for the Housing 
and Urban Development Department (HUD) which was scheduled for 
completion by the end of this fiscal year, but that the federal 
government withholds 10% of the amount of the project pending 
final audit, which in this project constitutes retainage in excess 
of $21,000.00. 

The Trustees had approved loans to the Council on two separate 
occasions within the past few years, one for $20,500.00 on March 
25, 1965, and a second loan entered into on August 25, 1967, in 
the amount of $25,000.00. Both loans were repaid with interest 
prior to maturity date, and in recognition of the important 
contributions that have been made to the planning efforts of 
this Council in the fast-growing area. Staff recommended approval 
of the request, the loan agreement to be entered into to be 
approved by the office of the Attorney General, with interest 
at 5% per annuiji, to be repaid on or before April 1, 1969. 

Mr. William T. Wallis of Kissimmee and Mr. Gordon Wagner of 
Titusville, a Director of the Council, were present at the 
meeting on this date. 

Motion was made by Mr. Williams, seconded by Mr. Adams and adopted 
unanimously, that the loan be approved as recommended by the 
Staff, and the Secretary of State commended the Council on its 
past performance in repaying loans in advance of the due dates. 



TRUSTEES FUNDS - The Stephen Foster Memorial Commission by 
resolution of June 24, 1968, stated that there was an ever- 
increasing danger that the property contiguous to the South Gate 
of the Memorial in Hamilton County near White Springs, Florida, 
located along U. S. Highway 41, will be used for purposes detri- 
mental to the best interests of the Memorial, and the Commission 
further concluded that purchase of certain parcels of privately- 
owned property was necessary to provide the adequate protection to 
the state-owned land located within the Memorial - but that they 
had no funds with which to make the purchase. 

The Commission secured options from the private owners for 
purchase of the parcels for the total price of $190,000.00 and 
desired to exercise the options to make the purchases. The 
Trustees were requested to make a loan in the amount of 
$95,000.00 with interest at 4-3/4% to be repaid by annual payments 
together with interest during the next 10 years. It was 



7-16-68 



- 18 - 



anticipated that the Commission would secure the additional $95,000 

needed for this acquisition as a federal grant to be processed 
through the Outdoor Recreational Development Council. 

Staff had reviewed the request, and in recognition of the urgency 
expressed by the resolution of the Commission and the demonstrated 
need to acquire the privately-owned property to protect the state- 
owned Stephen Foster Memorial, recommended that the loan be 
granted conditioned upon the Commission receiving the $95,000.00 
grant of federal funds to enable completion of the acquisition. 

Motion was made by Mr. Williams, seconded by Mr. Conner and 
adopted without objection, that $95,000.00 be made available from 
Trustees funds as a loan to be repaid by annual payments with 
interest at 4-3/4% within ten years, provided that the Commission 
received a like amount as a grant from the federal government 
enable the Commission to complete the acquisition of the certj 
parcels proposed to be purcha; 



On motion duly adopted, the me 



ATTEST: 



(^^^z<^ ^.. ^^ 




DIRECTOR 



SECRETARY 



Tallahassee, Florida 
July 23, 1968 



The Trustees of the Internal Improvement Fund met on this date 
in the Capitol in Senate Hearing Room 31, with the following 
members present: 



Tom Adams 

Earl Faircloth 

Fred O. Dickinson, Jr. 

Broward V/illiams 

Floyd T. Christian 

Doyle Conner 



Secretary of State, Acting Chairman 

Attorney General 

Comptroller 

Treasurer 

Superintendent of Public Instruction 

Commissioner of Agriculture 



Robert C. Parker 



Director 



On motion duly adopted, the Trustees approved the minutes of the 
meeting held on July 16, 1968. 



Secretary of State Tom Adams brought up the discussion v/hich 
took place last week regarding several areas of considerable 
acreage in the St. Johns River in Duval County requested by the 
Jacksonville Port Authority, local sponsor, on behalf of the 
United States to be used in connection with the Corps of 



7-23-68 



- 19 - 



Engineers work on the Jacksonville Harbor Deepening Project. 
Mr. Adams said there were questions with reference to the legal 
document to make certain that the lands are not bound in perpetuity 
but title would remain in the Trustees, and he was concerned 
about granting such large areas. He asked that issuance of the 
instruments be held in abeyance pending a meeting of the liaison 
staff members. 

The Director said that a great amount of spoil material was 
involved in the harbor improvement project. He advised that in 
the past an attempt was made to change the type of easement, but 
that the U. S. Corps of Engineers required a perpetual easement. 
The Staff would be glad to discuss the matter with the Corps. 

Without objection, the Trustees concurred with Mr. Adams' request 
that issuance of the instruments approved last week for providing 
spoil areas be held in abeyance for further examination of the 
method of entering into such commitments. 



MONROE COUNTY - File 2048-44-253.12. Presented for consideration 
of confirmation of sale was an application presented on several 
agendas prior to the moratorium, which the Trustees deferred on 
April 30, 1968, for securing a current appraisal. Darryl F. 
Sheley, Trustee, applied to purchase 9.65 acres of submerged land 
in the Atlantic Ocean in Section 33, Township 61 South, Range 39 
East, Key Largo in Monroe County, at the new appraised value of 
$414.51 per acre. 

The file contained Monroe County Resolution No. 18-1968 dated 
February 29, 1968, requesting approval of the sale which would 
provide a protective breakwater, a landing strip, and would aid 
Monroe County Anti-Mosquito District. Also there were letters 
on behalf of the applicant from several local and civic groups 
and from the Secretary of the Advisory Council of Pennekamp 
State Park. 

The biological report, considered previously, was adverse, showing 
that grasses covered approximately 50% of the submerged bottoms 
between the existing mean high water line and the proposed off- 
shore purchase limit, that the remainder was covered by attached 
algae. 

Mr. Adams said that the application, postponed prior to the 
moratorium for a new appraisal, was back on the agenda as the 
Staff was instructed. He pointed out that the old appraisal was 
$300.00 per acre. 

Motion was made by Mr. Christian, seconded by Mr. Dickinson and 
adopted unanimously, that sale of the advertised parcel be 
confirmed at $414.51 per acre to the abutting upland owner. 



MONROE COUNTY - File 2079-44-253.12. On March 19 and May 14, 1968, 
the Trustees considered application from Ismael Fuentes and wife 
to purchase a parcel of submerged land in the Straits of Florida 
in Section 8, Township 63 South, Range 38 East, Plantation Key, 
Monroe County, for construction of a rock jetty and a small boat 
basin. Action was deferred for securing a current appraisal, 
which was reported as $789.47 per acre. 

The biological report considered previously was not adverse, 
there were no objections to the sale, and Staff recommended 



7-23-68 
- 20 - 



confirmation of sale of the 0.76 acre parcel. 

Mr. Adams said that the application, postponed prior to the 
moratorium for a new appraisal, was placed back on the agenda 
as the Trustees had instructed. He pointed out that the old 
appraisal was $300.00 per acre. 

Motion was made by Mr. Christian, seconded by Mr. Dickinson and 
adopted unanimously, that sale of the advertised parcel be 
confirmed at $789.47 per acre to the abutting upland owners. 



MONROE COUNTY - File 2111-44-253.12. On April 30, 1968, the 
Trustees requested a current appraisal before authorizing adver- 
tisement of a parcel of submerged land in the Straits of Florida 
in Section 28, Township 63 South, Range 37 East, Upper Matecumbe 
Key, Monroe County, containing 0.7 2 acre, more or less. J. Morgan 
Jones Publications, Inc., applied to purchase the parcel abutting 
its ownership. The current appraisal reported a value of $833.33 
per acre. 

The biological report dated October 19, 1967, from the Board of 
Conservation, was not adverse. Staff recommended advertisement 
for objections only. 

Mr. Adams said that the application, postponed prior to the 
moratorium for a new appraisal, was placed back on the agenda 
as the Trustees had instructed. He pointed out that the old 
appraisal was $425.00 per acre. 

Motion was made by Mr. Christian, seconded by Mr. Dickinson and 
adopted unanimously, that the parcel be advertised fox objections 
only. 



COLLIER COUNTY - Dedication, Section 253.03. The State Road Depart- 
ment made application for dedication of right of way across Marco 
Pass in Sections 4 and 9, Township 52 South, Range 26 East, in 
Collier County, for construction of State Road S-951-B, Section 
03508-2601. As part of this right of way would be filled for 
causeway approaches to a bridge, the required bulkhead lines were 
established and approved by the Trustees in meeting July 16, 1968. 

Biological report dated June 29, 1968, from the Board of Conser- 
vation to the County Engineer of Collier County, copy to the office 
of the Trustees, disclosed that no adverse effects to marine 
resources would result from the proposed work. 

Motion was made by Mr. Faircloth, seconded and adopted without 
objection, that dedication to the State Road Department be 
approved. 



DUVAL COUNTY - Dedication, Perpetual Right of Way Navigation 
Channel Easements, Section 253.03. 

Attorney F. Bradley Kennelly, for the Jacksonville Port Authority 
acting on behalf of the United States of America, requested 
issuance of a perpetual right of way navigation channel easement 
in the St. Johns River from the entrance to the easterly end of 
Blount Island, and from the westerly end of Blount Island to a 
point approximately one mile north of the Matthews Bridge. The 



7-23-68 



- 21 - 



Director said this was for the entire river channel, for which a 
dedication had not been issued. 

Motion was made by Mr. Dickinson, adopted without objections, that 
the Trustees grant the request for dedication of perpetual right 
of way navigation channel easements. 



VOLUSIA COUNTY - File No. 2137-64-253.12(6). Melvin Orfinger, 
on behalf of Peter J. Gonzalez and wife, made application for 
conveyance under the provisions of Section 253.12(6) Florida 
Statutes, of a parcel of sovereignty land in the Halifax River 
in Section 23, Township 14 South, Range 32 East, filled subsequent 
to May 29, 1951, and prior to June 11, 1957, containing 1.2 acres 
in Volusia County. Applicant offered the appraised value of the 
submerged land as it existed prior to filling, $200.00 per acre 
or $240.00 for the parcel. 

Motion was made by Mr. Christian, and adopted without objection, 
that the instrument be issued pursuant to statutory requirements. 



GLADES COUNTY - Lykes Bros., Inc., holder of Grazing Lease No. 
2130 expiring on August 25, 1968, covering Lots 1, 2 and 3 in 
Section 34, Township 40 South, Range 32 East, Glades County, 
requested extension of the lease of 148.0 acres for an additional 
year on the same terms and conditions. The lease, for grazing 
purposes only, has an annual rental of $3.00 per acre and contains 
a provision allowing cancellation by the Trustees after 90-day 
written notice. 

The applicant also held a similar lease (No. 2160) covering 
Lot 4 contiguous to the above Lot 3, which expires on January 
20, 1969. Staff recommended that Lease No. 2130 be extended to 
January 20, 1969, on the same terms and conditions, at which 
time consideration might be given to combining the two grazing 
leases and further extension. 

Vi?ithout reference to this particular lease, Mr. Adams said the 
Board had become aware of the provisions of the federal program 
whereby certain lands not used might earn payments, and he 
suggested that there be placed in all leases a requirement that 
the land leased for agricultural purposes be used for that and 
for no other purpose. Mr. Conner advised that there was no 
federal program on grazing lands, which was the type involved in 
this and the following application. 

On motion by Mr. Faircloth, seconded by Mr. Williams and adopted 
unanimously, the Trustees approved extension of Lease No. 2130 
on the same terms and conditions to January 20, 1969, as recom- 
mended. 



HIGHLANDS COUNTY - Lykes Bros., Inc., holder of Grazing Lease 
No. 2122-B which expired on July 28, 1968, covering 640 acres in 
Section 16, Township 36 South, Range 32 East, Highlands County, 
requested renewal for three (3) years on the same terms and 
conditions. The lease was for grazing only, with annual rental 
of $1.00 per acre and a clause allowing cancellation by the 
Trustees after 90-day written notice. 

Mr. Christian was advised that the land had formerly been school 
land, and that the state school fund received the usual 25% of 



7-23-68 
- 22 - 



the revenue. The land in this grazing lease was described as 

much less desirable than that leased at $3.00 per year in the above 

application. 

On motion by Mr. Faircloth, seconded by Mr. Williams and adopted 
unanimously, the Trustees approved renewal of Lease No. 2122-B 
for three years on the same terms and conditions. 



DADE COUNTY - VJatson Island. The City of Miami, owner of Watson 
Island by Legislative Act of 1919 and Trustees Deed No. 19447, 
adopted Resolution No. 39647 on April 25, 1968, requesting approval 
of the Trustees for the city to enter into a concession agreement 
for 5 years with right to renew for an additional 2 years, with 
Phillips Petroleum Company for the purpose of providing a marine 
refueling station on Watson Island in Miami, Dade County. The 
present refueling station at Bayfront would be discontinued 
when construction of the city's new Miamarina was commenced. 

Provisions in the Trustees' deed restrict use of the island to 
public purposes only, and for this reason the city sought the 
concurrence and approval of the Trustees that a boat refueling 
facility on Watson Island would serve a public and municipal 
purpose and v;ould not constitute a violation of the conditions 
in the deed. The Attorney General reviewed the request and 
found it not in violation with the public purpose clause in 
the Trustees' deed. 

Staff recommended concurrence and approval of the proposed 
agreement of the City of Miami with Phillips Petroleum Company. 

On motion by Mr. Faircloth, seconded by Mr. Williams, adopted 
unanimously, the Trustees approved the request of the City of 
Miami as not being in violation of the public purpose restriction. 



LEVY COUNTY - Central Florida Electric Cooperative, Inc., requested 
an easement across a parcel of land containing 0.36 acre in use 
by the Florida Board of Forestry in Section 29, Township 14 
South, Range 14 East, Levy County, for construction and main- 
tenance of a 69 KV transmission line from Otter Creek to Cedar 
Key. The applicant offered $45.00 (at $125.00 per acre) for 
the easement. 

The Florida Board of Forestry approved issuance of the easement. 

On motion by Mr. Faircloth, seconded by Mr. Christian and Mr. 
Williams, adopted unanimously, the Trustees authorized issuance 
of the easement for transmission line. 



PALM BEACH COUNTY - File No. 266-50-253.124, Fill Permit. 
Edelphi Builders, Inc., requested approval of fill permit 
authorized by the City Commission of the City of West Palm Beach 
in regular meeting May 27, 1968, under the provisions of Section 
253.124 Florida Statutes, to fill a portion of the 1.558 acre 
parcel of submerged land in Sections 3 and 4, Township 43 South, 
Range 43 East, City of West Palm Beach, lying landward of the 
established bulkhead line, which was previously conveyed by the 
Trustees to D. C. Lainhart and wife, predecessor in title, under 
the referenced file number. All material to be used in filling 
the parcel would be hauled in, not dredged. 



7-23-68 

- 23 - 



The application was placed on the agenda at the request of 
Honorable Fred O. Dickinson, Jr. , Comptroller of the State of 
Florida, who stated that the applicant met and fulfilled all 
local requirements in connection with the project. 

The Board of Conservation biological study of marine life for 
the northerly portion of Lake Worth made in 1961, reprinted in 
1963, reported that the submerged bottoms were extensively silted 
on both sides of the Intracoastal Waterway, and that sea grass 
and nursery grounds appeared to be lacking in the area. A May 
1963 report made when changes in the bulkhead line were being 
considered showed that the area within the line did not contain 
valuable sea grasses. 

The Interagency Committee reviewed the application but did not 
feel justified in taking any action looking toward approval due 
to the fact that it was their feeling that the Palm Beach County 
Area Planning Board had not expressed its views concerning the 
matter. 

Mr. Adams raised several questions regarding the bulkhead line, 
the need to proceed carefully in the light of the moratorium and 
the request to honor the position of the Area Planning Board. 
The Director said he had talked to the Director of that Board, 
Mr. Donald O. Morgan, and Mr. Dickinson said they did not object 
as there was to be no dredging. 

Motion was made by Mr. Dickinson, adopted without objection, that 
the Trustees approve the fill permit to Edelphi Builders, Inc. 



MONROE COUNTY - Joseph D. Reeves applied for permit to construct 
a boat basin and rock breakwater in Florida Bay in Section 10, 
Township 66 South, Range 32 East, Monroe County, wholly on 
submerged land owned by the applicant. 

The Florida Board of Conservation reported the submerged lands 
were rocky and only sparsely vegetated by attached algae, and 
the project should have no significant adverse effects on marine 
life of the area. 

On motion by Mr. Christian, seconded by Mr. Williams and adopted 
without objection, the Trustees approved the dredge permit. 



MONROE COUNTY - Ray A. Filske applied for permit to repair and 
replace two stone breakwaters which protected his existing boat 
basin. The original breakwater was destroyed by Hurricane Betsy 
in 1965 and Hurricane Inez in 1966. The construction would be 
wholly within the parcel of submerged land owned by the applicant 
in Florida Bay in Sections 15 and 16, Township 64 South, Range 36 
East, on Lower Matecumbe Key, Monroe County. 

On motion by Mr. Christian, seconded by Mr. Williams and adopted 
without objection, the Trustees approved issuance of dredge permit 
for the work as described. 



BAY COUNTY - The Town of Mexico Beach, represented by Mayor C. M. 
Parker, applied for permit to construct a pier in the Gulf of 
Mexico from the town's upland ownership in Mexico Beach Unit No. 
5 Subdivision as recorded in Plat Book 7, Page 61, Public Records 
of Bay County, Florida. The pier would be a joint venture with 
the town. Bay County and the Outdoor Recreational Planning 



7-23-68 
- 24 - 



Committee of the State of Florida, and Staff requested waiver 
of the $100.00 processing fee. 

The Director said the Staff had been advised that there was a 
solid fill placed without authority, which should be removed as 
it could create erosion problems. He suggested approval of the 
dock permit subject to removal of the solid fill as recommended 
by the Division of Beaches and Shores of the Board of Conser- 
vation. 

Motion was made by Mr. Christian, seconded by Mr. Williams and 
approved unanimously, that issuance of the doc"k permit, without 
charge, be conditioned upon compliance with the request for 
removal of the unauthorized fill now in place along the shoreline 
out into the Gulf. 



LAFAYETTE COUNTY - Florida Game and Fresh Water Fish Commission 
applied for permit to construct a boat ramp in the Suwannee River 
in Section 17, Township 3 South, Range 11 East, Lafayette County, 
to provide public access for fishing and other allied uses. 

On motion by Mr. Conner, adopted unanimously, the Trustees 
authorized issuance of permit requested by the Florida Game and 
Fresh Water Fish Commission. 



TRUSTEES ' POLICY - After-the-Fact Permits. On June 4, 1968, when 
two after-the-fact dredge permit applications involving fresh 
water lakes were considered, the Trustees ordered them held in 
abeyance until some policy regarding the imposition of a penalty 
might be considered. 

The matter was referred to the office of the Attorney General 
for review, and by letter dated July 12, 1968, Staff was advised 
that it would be proper for the Trustees to amend their Rule No. 
200-3.06 to impose a penalty on such illegal fills and suggested 
a minimum of lOjd per cubic yard and a minimum total fee of $50.00, 
in lieu of 5f6 per cubic yard and $25.00 minimum which was the 
regular charge. Staff requested approval of the suggested penalty 
charge and authority for amending the rule. 

On motion by Mr. Williams, adopted unanimously, the Trustees 
approved the penalty of increased charges suggested by the office 
of the Attorney General for after-the-fact dredge permits involv- 
ing fresh water lakes, and authorized amending Rule No. 200-3.06. 



QUARTERLY REPORT - The Trustees received the Quarterly Report 
of operations of the office of the Trustees of the Internal 
Improvement Fund for the quarter ending June 30, 1968, submitted 
by the Director in response to requirements of Rule 13 of the 
Rules and Regulations of the Florida Cabinet. 



BROWARD COUNTY - Information had been received by the Staff which 
indicated that certain owners of upland property abutting Middle 
River in the City of Fort Lauderdale, Florida, were asserting 
title to a portion of submerged bottoms adjacent to their upland 
ownership, riverward of the line of mean high water. The matter 
was discussed and communications exchanged between the Staff and 
local officials of the City of Fort Lauderdale. 



7-23-63 

- 25 - 



The Staff felt that certain legal issues had been raised, and 
recommended that the Trustees authorize the Attorney General to 
review all questions involved and take whatever action he deemed 
necessary, including litigation, to properly protect the interest 
of the State. 

Mr, Robert C. Scott, attorney representing the owner of Lot 7 
Livermore Estates, Harold R. Conti, said his client had obtained 
a permit from the City of Fort Lauderdale to build a high-rise 
building, fill and seawall out to his platted lot line, that a 
suit was brought to enjoin the filling and seawalling on what v.'as 
called sovereign waters. However, he contended that his client 
was not intruding on sovereign bottom lands, that as a result of 
the suit and communication from Mr. John N. Tolar to the Director 
and from the Director to the city, his client's permit had been 
temporarily suspended and he was urgently in need of relief. 

As Chairman, Mr. Adams expressed appreciation to Mr. Scott for 
appearing before the Board. He said that the Staff was to be 
commended for bringing the matter to their attention, and that 
whether it was encroachment and trespass on sovereign lands over 
which they were Trustees for the people of Florida v;as a serious 
question for legal determination and should be referred to the 
Attorney General for his attention as soon as possible. 

Motion was made by Mr. Christian, seconded by Mr. Dickinson and 
adopted unanimously, that the recommendation of the Staff be 
approved as the action of the Board. 



TRUSTEES FUNDS - Capitol Center Property Acquisition. Executive 
Office Building, Inc., was the owner of the Eh of Lot 8 Sub. of 
Nh of NE'5 of Section 1, Township 1 South, Range 1 West, less 
North 10 feet thereof, also, £^5 of Lot 322 Old Plan City of 
Tallahassee together v;ith a 10-foot strip adjacent thereto on 
South, in the City of Tallahassee, Leon County, Florida. The 
property fronted on South Bronough Street a distance of 302 feet, 
the North portion of which was vacant and the South portion had 
an office building located thereon. 

The Staff of the Capitol Center Planning Committee had negotiated 
with the owners for acquisition of the property for some time and 
at the request of the Chairman of the Capitol Center Planning 
Committee, Honorable Tom Adams, the item v;as placed on the agenda 
for consideration by the Trustees. 

Staff reviewed the matter and recommended purchase at the appraised 
price as set by the Staff Appraiser; or in the event the owners 
did not agree to sell for the appraised price, that negotiations 
continue and if agreement on a purchase price was reached, that 
the amount be resubmitted to the Trustees for consideration. 

Mr. Dickinson said that as chairman of the cabinet committee on 
office space, he commended the Capitol Center Planning Committee 
for the work done toward securing this property at the appraised 
price, that more office space was very much needed, and he 
mentioned other locations being made ready for occupancy by state 
agencies . 

Mr. Adams said it was an opportunity to purchase at the appraised 
price an office building nov^ occupied by a number of state agencies; 
and he suggested that their budgets provided for rent payments, 
which the Trustees could reviev;, in the event of purchase of the 
building. 



7-23-63 
- 26 - 



Mr. Broward Williams, State Treasurer, said that upon occupancy 
of the Larson Building it was evident that there was insufficient 
space for all his department. He suggested that negotiations 
be reopened with respect to the Dorian Building in the Capitol 
Center. 



On motion by Mr. Dickinson, adopted without objection, the 
Trustees approved the recommendations with respect to acquisition 
of the Executive Office Building, Inc., property. 



On motion duly adopted, the meet ing was adjourned 




SECRETARY OF STATE - ACTING CHAIRMAl 



ATTEST 



C^<^^^^^ 



DIRECTOR 



SECRETARY 



* * 4r 



* * * 



* * * 



Tallahassee, Florida 
July 30, 1968 



The Trustees of the Internal Improvement Fund met on this date 
in the Capitol in Senate Hearing Room 31, with the following 
members present: 



Claude R. Kirk, Jr. 

Tom Adams 

Earl Faircloth 

Fred O. Dickinson, Jr, 

Floyd T. Christian 

Doyle Conner 



Governor 

Secretary of State 

Attorney General 

Comptroller 

Superintendent of Public Instruction 

Commissioner of Agriculture 



Robert C. Parker 



Director 



On motion duly adopted, the Trustees approved the minutes 
of the meeting held on July 23, 1968. 



MONROE COUNTY - Dredge Permit, Section 253.123. Application was 
made by Bailey, Mooney, Post Associates, Inc., on behalf of Monroe 
County, for permit to extend the dredge area limits previously 
granted by the Trustees in meeting January 16, 1968. Easement 
No. 24727 was granted for the purpose of relocating and realigning 
the existing Intracoastal Waterway channel in connection with the 
reconstruction of the Old Card Sound road and bridge system 
connecting the mainland with Key Largo. 

The extended dredge area would connect the proposed channel to 
the existing channel in Section 19, Township 59 South, Range 
40 East, Monroe County. Material removed would be deposited on 
the upland and used in road reconstruction. Staff requested 
waiver of the biological or ecological survey as provided in 
Section 253. 123 (3) (a) , for the reason that the project would 
serve the public needs. 



- 27 - 



Motion was made by Mr. Christian, seconded by Mr. Faircloth and 
adopted unanimously, that biological survey be waived and the 
dredge permit requested by Monroe County be approved. 



MONROE COUNTY - Dredge Permit, Section 253.123. Darryl F. Sheley, 
Trustee, applied for a permit to construct a rock breakwater from 
material to be dredged from the borrow canal which would also 
serve as navigational access to development project under construc- 
tion. The breakwater also would serve as a landing strip for 
small aircraft. All construction would be within the 9.65 acre 
tract of submerged land in the Atlantic Ocean in Section 33, 
Township 61 South, Range 39 East, Key Largo, Monroe County, the 
sale of which was confirmed last week, July 23, under File No. 
2048-44-253.12. 

The biological report, considered previously, was adverse, showing 
that grass covered approximately 50% of the submerged bottoms 
between the existing mean high water line and the limit of 
offshore purchase and the remainder was covered with attached 
algae. 

Motion was made by Mr. Adams, seconded by Mr. Christian and Mr. 
Faircloth, that the Trustees approve dredge permit requested by 
the applicant to v;hom submerged land was sold last week. Without 
objection, motion v;as adopted. 



PINELLAS COUNTY - Dredge Permit, Section 253.123. Application 
was made by Gardner B. Collins, P. E. , on behalf of Pinellas 
County Water System, for permit to install a 12-inch subaqueous 
water main in and across Dent's Channel in Sections 19 and 20, 
Township 32 South, Range 16 East, Pinellas County. 

Staff requested waiver of the requirement of a biological or 
ecological study as provided in Section 253. 123 (3) (a) Florida 
Statutes, for this public project. 

Motion was made by Mr. Adams, seconded by Mr. Dickinson and 
adopted unanimously, that the Trustees approved the dredge permit 
requested by Pinellas County. 



SARASOTA COUNTY - Temporary Spoil Area S-27, On May 14, 1968, 
the Trustees, at the request of the West Coast Inland Navigation 
District on behalf of the United States, approved issuance of 
temporary permit authorizing spoiling along the shorelines of 
the Gulf beach opposite certain upland properties in Section 4, 
Township 38 South, Range 18 East, Sarasota County. The letter- 
type permit covered a six months' period from May 24, 1968. Due 
to certain delays in awarding a contract, the West Coast Inland 
Navigation District requested that the permit be extended to 
April 1, 1969. 

On motion by Mr. Adams, seconded by Mr. Dickinson and adopted 
unanimously, the Trustees granted the request for extension of 
temporary spoil easement to April 1, 1969. 



MARION COUNTY - Florida Game and Fresh V7ater Fish Commission 
applied for permit to construct a public boat ramp and place 
about 300 cubic yards of fill material on state-owned lake bottom 
land in Lake Weir in Section 9, Township 17 South, Range 24 East, 



7-30-68 



- 28 - 



Marion County. A railroad ran parallel to and 30 feet landward 
of the shoreline at the site, and in order to provide a safe 
turn-around and launching area, it was necessary to place hauled- 
in fill material over an area of lake bottom land 20 feet wide 
and 140 feet long. The Commission reported that the area had a 
white sand bottom with little aquatic vegetation. 

Motion was made by Mr. Christian, seconded by Mr. Adams and adopted 
unanimously, that permit requested by the Game and Fresh Water 
Fish Commission be approved. 



OKEECHOBEE COUNTY - Florida Game and Fresh Water Fish Commission 
applied for permit to construct a public boat ramp on the lakeside 
berm of the Lake Okeechobee Levee LD-4 and to construct a 200-foot 
long spur channel in Lake Okeechobee in Section 4, Township 38 
South, Range 35 East, Okeechobee County. 

Motion v;as made by Mr. Dickinson, seconded by Mr. Adams and 
adopted unanimously, that the Trustees approve permit for the 
boat ramp requested by the Game and Fresh Water Fish Commission. 



PALM BEACH COUNTY - Myron Rapaport , President, on behalf of Mystan 
Marine, Inc., of Jupiter, Florida, applied for a peripit for a 
floating dock in the Loxahatchee River in Section 31, Township 40 
South, Range 43 East, Palm Beach County, for which all required 
exhibits and $100.00 processing fee were submitted to the Trustees' 
office . 

Motion was made by Mr. Adams, seconded by Mr. Christian and adopted 
unanimously, that the Trustees authorize issuance of the state 
commercial dock permit. 



PALM BEACH COUNTY - Lease. On May 7, 1968, the Trustees authorized 
advertisement of an agricultural lease of land approximately 20 
miles southeast of Lake Okeechobee, described as 

All of the South 50 chains of Section 11; all of the South 
62.125 chains of Section 12; all of Sections 13, 14, 15, 
22, 23, 26, 27 and 34; lying 350 feet westerly, as measured 
at right angles, from the westerly right of way line of 
Central and Southern Florida Flood Control Levee L-7, in 
Township 44 South, Range 39 East, Palm Beach County, Florida, 
containing 3,742 acres, more or less. 

Notice calling for bids to be opened and received on this date 
was published in the Belle Glade Herald for four consecutive 
weeks, for a 20-year agricultural lease based on a minimum average 
annual rental of $13.99 per acre and requirement that lessee 
guarantee permanent improvements to the leased land, consisting 
of drainage canals, ditches, dikes, bridges, clearing and roads, 
in the amount of $100.00 per acre within the first five years of 
the lease. The Trustees reserved the right to reject any and 
all bids received pursuant to the published notice. 

Withcrav;n from the 4,179.01 acres considered for leasing was a 
350-foct wide strip adjacent to the westerly right of way line of 
Levee L-7 which Central and Southern Florida Flood Control District 
requested be withheld as the district was in the process of 
requesting a flowage or surface easement on this strip in 
connection with Levee L-7 and Conservation Area No. 1. Deduction 
of the 350-foot strip left the advertised area of 3,742 acres 



7-30-63 

- 29 - 



='vailable for leasing. 

It v.'as on the application of £. N. Knight & Sons, Inc., that the 
Trustees on May 7, 1968, authorized advertisement. On this date 
the only bid received when Staff Member James T. Williams called 
for bids v;as from S. N. Knight & Sons, Inc., offering an average 
of $13.99 per acre annually as shown in the May 7th minutes and 
set out in the advertised notice as minimum starting bid. 

On motion by Mr. Christian, seconded by Mr. Conner and adopted 
unanimously, the Trustees accepted the bid for 20-year agri- 
cultural lease from £. N. Knight & Sons, Inc., of Belle Glade, 
Florida . 

Mr. Adams reminded those present that the Trustees had previously 
discussed the insertion in such leases of language requiring the 
land to be used for agricultural purposes only. The Director 
said this was the first agricultural lease to come before the 
Board since the Secretary of State suggested the provision, and 
that the Staff would v.ork with the office of the Attorney 
General to prepare such a provision to be made a standard part 
of all agricultural leases, including the one approved on this 
date. 



PALM BEACH COUNTY - Lease. Florida Game and Fresh Water Fish 
Commission applied for a lease of Lots 8, 9 and 10 of Section 
10, Township 41 South, Range 39 East, Palm Beach County, 
containing 121.87 acres, for the purpose of enlarging the J. W. 
Corbett Wildlife Management Area and better controlling and 
supervising the hunting and fishing in this public hunting and 
recreation area which joined the subject land on the east. 

Staff recommended lease for an indefinite period with the 
Trustees reserving the right to terminate lease at any time 
following adequate notice, in the event the land is needed for 
other state purposes, and further reserving the right to grant 
other leases of the area for purposes not inconsistent with the 
wildlife management program. 

Motion was made by Mr. Adams, seconded by Mr. Christian and 
adopted unanimously, that lease of the 121.87 acres be granted 
to the Game and Fresh Water Fish Commission on the terms as 
recommended by the Staff. 



PALM BEACH COUNTY - Lease. Florida Game and Fresh Water Fish 
Commission desired to enlarge the Everglades Wildlife Management 
Area located in Conservation Areas 2 and 3 in Broward and Dade 
Counties by inclusion of a large tract of uncommitted land 
owned by the Trustees containing approximately 30,320 acres 
described as follows: 

All of Township 47 South, Range 36 East; 

Sij and S^s of N^ of Section 16, All of Sections 17 through 

21 of Township 47 South, Range 37 East; 

All of Sections 1 through 5 and all of Section 6 lying 

east of Miami Canal in Township 48 South, Range 36 East, 

Palm Beach County. 

The Game Commission would be in a better position to supervise 
and control the hunting and fishing for the benefit of the public 
by addition of the tract of land. Staff recommended lease for an 
indefinite period with the Trustees reserving the right to 



7-30-68 
- 30 - 



terminate lease at any time following adequate notice as to any 
or all of the area needed for other state purposes, and reserving 
the right to grant other leases in the area for purposes not 
inconsistent with the wildlife management program. 

Motion was made by Mr. Adams, seconded by Mr. Christian and 
adopted unanimously, that lease of the 30,320 acres be granted 
to the Game and Fresh Water Fish Commission on the recommended 
terms. 



VOLUSIA COUNTY - Florida Power Corporation applied for an 
easement across the west 10 feet of Lot 50 of River Ridge Sub- 
division for the purpose of furnishing electrical power to Hontoon 
Island State Park. Lot 50, on upland directly across the St. 
Johns River from state-owned Hontoon Island, was purchased in 
January 1968 to provide suitable access to the island park. The 
power line would be placed underground and has been approved by 
the Florida Board of Parks as needed for development and operation 
of the area. 

Motion was made by Mr. Adams, seconded by Mr. Christian and 
adopted unanimously, that the Trustees authorize issuance of the 
easement to Florida Power Corporation without charge, for the 
purpose of serving the state park. 



DUVAL COUNTY - Dedication of perpetual spoil easements requested 
by the Jacksonville Port Authority on behalf of the United States 
in connection with the Harbor Deepening Project, tentatively was 
approved by the Trustees on July 16, 1968, and on July 23 ordered 
held in abeyance, at the request of Mr. Adams, as to issuance of 
instruments. By memorandum of July 25, Mr. Adams advised the 
Staff that his questions had been cleared up and the executed 
e,asements might be forwarded to the Corps of Engineers in Jackson- 
ville. 

Mr. Adams said that the Corps cooperates with the State of Florida 
and such easement areas reverted to the state were released by 
the Corps when no longer required for spoiling purposes. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted 
unanimously, the Trustees authorized the completion of processing 
of the instruments. 



DADE COUNTY - The Trustees ordered removed from the agenda an 
agreement, discussed in the meeting of the Commissioners of State 
Institutions on this date, with respect to land offered by Dade 
County for construction of a State Mental Health Facility. 



TECHNICAL ADVISORY COMMITTEE TO STUDY COST OF FILL MATERIAL - 

On July 9, 1968, the Trustees approved the appointment of a 
professional advisory committee for the purpose of studying all 
aspects of the value of fill material to be charged by the 
Trustees. No authority was given for payment of travel and per 
diem expense incurred by the members of the committee in the 
discharge of their official responsibilities. Therefore, to 
eliminate any uncertainty with respect to this fiscal matter, the 
Staff recommended that consideration be given to reimbursement 
out of Trustees' funds to committee members for travel and per 



7-30-68 

- 31 - 



diem expense and any other incidental expenses deemed essential 
to the work of the committee in the performance of their official 
duties . 

Motion vas made by Mr. Adams, seconded by Mr. Christian, that the 
recommendation be approved as the action of the Trustees in this 
fiscal matter. 



TRUSTEES FUNDS - Elliot Building. On May 21, 1968, the Trustees 
awarded a contract totaling $2,370.00 to Richard E. Kausch for 
painting and repairs to the Trustees' building, specifications 
of which included refinishing four sets of old steel shelves. 
Upon finding that a satisfactory job could not be accomplished 
according to the specifications with respect to the shelves, Mr. 
Kausch at the extra expense of $200.00 completed the v;ork on the 
shelves. 

The Construction Division, Board of Commissioners of State Insti- 
tutions, reviewed the specifications, examined the work on the 
shelves, and stated that the figure of $200.00 was fair compensa- 
tion for the extra labor and materials involved. Staff recommended 
that the contract be increased by that amount, with payment from 
budgeted funds. 

Motion was made by Mr. Adams, seconded by Mr. Christian and adopted 
without objection, that the contract be increased by $200.00 to 
cover the extra expense incurred in completing the work properly. 



TRUSTEES FUIJDS - Attorney General Earl Faircloth, by communication 
dated July 29, 1963, to the Staff, indicated a need for the estab- 
lishment of tv;o new positions in his office, and two secretaries, 
for the remaining eleven months of the current fiscal year. The 
letter Ehov;ed the total amount required for salaries for the 
eleven months would be $35,596.00, and matching retirement and 
social security amounting to $2,654.00. 

Request was submitted on this date to the Planning and Budget 
Commission for approval of payment from Trustees' funds, and was 
approved. 

Mr. Faircloth pointed out the volume of work in matters relating 
to responsibilities of the Trustees of the Internal Improvement 
Fund, legal work relating to submerged lands, advice and counsel 
being provided to the Inter-Agency Committee in reviewing 
bulkhead lines, and reviev; of situations of possible violations 
and recommendations to protect the state's interest. 

Motion was made by Mr. Christian, seconded by Mr. Adams and 
adopted unanimously, that the Trustees authorize payment from 
the trust fund as approved by the Planning and Budget Commission 
fcr salaries of two new positions in the office of the Attorney 
General, and for two secretaries, and the matching retirement 
and social security, as requested by the Attorney General in the 
above stated amounts. 



MONROE COUNTY - On March 26, 1963, the Trustees referred to the 
Attorney General for appropriate action certain dredging 
operations of Mr. Bernie C. Fapy, Jr., in Monroe County. 
Incident to that investigation, a matter involving Charlie 
Toppino and Sons, Inc., became involved. On April 9 the Attorney 



7-30-68 



- 32 - 



General asked for and v.'as given authority to seek restitution for 
material removed from state-owned sovereignty land. Report and 
recommendations were presented by Mr. Faircloth, with cover letter 
dated July 24, 1963, and containing facts, certain conclusions, and 
a proposed settlement arrangement. 

Mr. Faircloth said that Mr. T. T. Turnbull, of his office, had 
worked long to bring the matter to a conclusion, he thought it 
was a good settlement which in all probability would mean 
recovery of about a quarter million dollars to the state, and 
was a better settlement than could have been secured in litigation. 

Also, Mr. Faircloth said it pointed out the necessity for review 
of the general Monroe County exemption from laws relating to 
submerged lands, and review of the Randell Act for consideration 
of possible improvements at the next legislative session. 

The conclusions and proposed settlement in the report of the 
Attorney General are as follows: 

" CONCLUSIONS 

"Based on the foregoing short statement of the ultimate facts 
that have previously been stated, as well as on the entire 
record of the Trustees, of the House Ethics Committee, and 
my staff investigation, I have come to these conclusions: 

(1) There is no basis for any criminal prosecution 
of any person involved in any of the dredging operations 
depicted; 

(2) This is a matter that could best be resolved by 
settlement and there is attached hereto a proposed settlement 
that has been agreed to by both Mr, Papy and Mr. Frank 
Toppino, representing Charlie Toppino and Sons, Inc.; 

(3) Several legal conclusions have been reached. These 
conclusions are not stated at this time because with a 
settlement in progress, it appears unwise to discuss such 
legal conclusions, since the settlement may not be accepted 
or acceptable to the Trustees, and thereupon court action 
may be required. It does not appear strategically advan- 
tageous to inform possible adversaries in a possible lawsuit 
of the strength or weakness of our position. 

" PROPOSED SETTLEMENT 

"In view of the foregoing and as a result thereof, the 
following proposal for settlement of all problems existing, 
not only with the dredge of state lands by Mr. Papy, but 
also the over-fill of Summerland Key by Mr. Toppino, is 
suggested: 

(1) That the seaward line of the property of Mr. Papy 
be marked, at Mr. Papy's expense, by surveyors approved by 
the Trustees and the firm of Bailey, Mooney, Post Associates, 
Inc., is considered an acceptable firm; 

(2) That all materials previously dredged from the 
bottoms and now lying seaward of Mr. Papy's property shall 
be removed by Mr. Toppino down to bay bottom. Mr. Toppino 
shall use good engineering practices and shall, upon removal 



7-30-68 

- 33 - 



of the materials, pay to the Trustees, under such conditions 
as they shall impose, for all such material removed at the 
rate of 11/f per cubic yard. Upon removal and in payment 
or arrangement for payment, Mr. Toppino may use the material 
at any place or for any purpose which he desires; 

(3) That Mr. Toppino shall remove all materials landward 
of the Papy property line under the same terms and conditions 
for payment as specified in paragraph 2 above, that is, at 
the rate of 11^ per cubic yard. However, if there should be 
an excess of one million yards landward of the property line, 
the excess over and above one million yards may be removed 
by Mr. Toppino without further payment to the Trustees and 

he may use the same in any manner designated by the Corps of 
Engineers' permit; 

(4) For the purpose of this agreement, Mr. Papy shall 
release to Mr. Toppino his claim, if any, to all fill 
materials that have or will be removed by Mr. Toppino 
pursuant to this agreement; 

(5) In the event a Corps of Engineers' permit for the 
removal of the materials is required, this shall be obtained 
either by Mr. Papy or Mr. Toppino; 

(6) Mr. Toppino shall be given a period of one year 
from the date of this agreement or the Corps of Engineers' 
permit if any is required, to accomplish the removal of the 
materials; 

(7) The 26.6 acres of over-fill at Summerland Key by 
Summerland Key Cove, Inc. , will be deeded by the Trustees 
to Summerland Key Cove, Inc., or its designee, upon payment 
of the sum of $425 per acre for the over-fill or an amount 
equal to a valid current appraisal, whichever shall be the 
higher. If the staff of the Trustees shall require additional 
surveys to determine the exact area involved, such a survey 
shall be furnished at the expense of Mr. Toppino. 

(8) This settlement agreement shall relate only to the 
two matters specifically involved and shall not preclude 

Mr. Papy or Mr. Toppino from any other or further applications 
to the Trustees for permits or other documents as the Trustees, 
by statute, are authorized to issue." 

Motion was made by Mr. Christian, seconded by Mr. Adams and adopted 
unanimously, that the recommendations from the Attorney General 
concerning this matter be approved as submitted. 



SUBJECTS UNDER CHAPTER 18296 

On motion by Mr. Christian, seconded by Mr. Dickinson and adopted 
unanimously, the Trustees approved Report No. 936 listing two 
regular bids for sale of land in Citrus and Holmes County under 
provisions of Chapter 18296, Acts of 1937 - the Murphy Act. 



OKALOOSA COUNTY - Florida Gas Transmission Company, Winter Park, 
Florida, applied for permit to construct, maintain and operate 
pipe lines over and across Lots 7 through 16 inclusive. Block 8, 
Garden City, in Okaloosa County, which were certified to the State 
of Florida in tax sale certificate Nos. 2931 and 2932 of 1933, 
and other prior certificates. 



7-30-68 



- 34 - 



The permit would occupy 0.71 acre for which the applicant offered 
$281.69 per acre or a total of $200.00 for the permit.. This was 
the same price range previously used for similar permits in the 
area. Staff recommended approval. 

Motion was made by Mr. Adams, seconded by Mr. Dickinson and 
adopted unanimously, that permit be authorized to Florida Gas 
Transmission Company at the price offered for pipe lines on 
the described lots. 



REFUND - Refund was requested in the amount of $10.00 to J. B. 
Thornhill, Jr., for the reason that the State Road Department 
declined to recommend release of the state road right of way 
reservation contained in Polk County Murphy Act Deed No. 1799. 

On motion by Mr. Christian, seconded by Mr. Dickinson and adopted 
unanimously, the Trustees authorized re^fund of $10.00 to th^ 
applicant. 



On motion duly adopted, the meeti 



ATTEST: 




DIRECTOR 



SECRETARY 



* * * 



Tallahassee, Florida 
August 6, 1968 



The Trustees of the Internal Improvement Fund met on this date in 
the Capitol in Senate Hearing Room 31, with the following members 
present : 



Tom Adams 

Earl Faircloth 

Fred O. Dickinson, Jr. 

Broward Williams 

Floyd T. Christian 

Doyle Conner 



Secretary of State, Acting Chairman 

Attorney General 

Comptroller 

Treasurer 

Superintendent of Public Instruction 

Commissioner of Agriculture 



Robert C. Parker 



Director 



On motion duly adopted, the Trustees approved the minutes of the 
meeting held on July 30, 1968. 



DADE COUNTY - Dredge Permit, Section 253.123. Florida Power and 
Light Company of Miami, Florida, applied for a permit for instal- 
lation of a submarine cable across the Intracoastal Waterway in 
Biscayne Bay in Sections 14 and 23, Township 52 South, Range 42 
East, and a submarine cable across the Oleta River in Section 15, 
Township 52 South, Range 42 East, Dade County. 



8-6-68 



35 - 



staff requested waiver of biological or ecological survey as 
provided in Section 253. 123 (3) (a) Florida Statutes since the 
public needs would be served by the work. 

Motion was made by Mr. Williams, seconded and adopted without 
objection, that issuance of the permit be approved. 



DADE COUIJTY - Dredge Permit, Section 253.123. The Florida State 
Road Department applied for a permit for installation of a sub- 
marine cable in the channel between Treasure Island and Normandy 
Isle in Biscayne Bay in Section 9, Township 52 South, Range 42 
East, Dade County. 

Staff requested waiver of the requirement for biological or 
ecological survey as provided in Section 253. 123 (3) (a) Florida 
Statutes for this work which would serve the public needs. 

Motion was made by Mr. Williams, seconded and adopted without 
objection, that issuance of the permit be approved. 



COLUMBIA COUNTY - Dedication. The State Road Department requested 
dedication of a 0.228 acre parcel in use by the Florida Board of 
Forestry, needed for right of way in connection with improvement 
of State Road No. 10 (Section 29010-2507) in Columbia County. 
The Florida Board of Forestry had no objection to the easement 
being granted. 

Motion was made by Mr. Dickinson, seconded and adopted without 
objection, that the parcel be dedicated to the State Road 
Department for use as requested. 



DIXIE. GILCHRIST, LAFAYETTE AND SUX^ANNEE COUNTIES - Russell 
Bourkard of Bonifay, Florida, requested a timber lease permitting 
removal of "deadhead" logs from the Suwannee River in the area 
between the bridges on U. S. 19 at Fannin Springs northerly to 
the bridge on U. S. 27 at Branford. He offered the state $5.00 per 
thousand feet for logs recovered and processed into lumber. 

Applicant was authorized on September 5, 1967, undar Lease No. 
2294 to remove logs from the Suwannee River for one year, from 
U. S. 19 south to the mouth of the river. He reported completion 
of work under this lease, and wished to salvage deadheads on an 
additional area upstream. 

The Board of Conservation and the Game and Fresh Water Fish Com- 
mission reviewed the request and had no objection. 

On motion by Mr. Williams, seconded by Mr. Dickinson and adopted 
without objection, the Trustees authorized issuance of a deadhead 
log recovery permit for one year on the same terms and conditions 
as in Lease No. 2294, covering the new area as described. 



HILLSBOROUGH COUNTY - The Board of Regents requested that the 
Trustees enter into an agreement with the U. S. Post Office 
Department for the operation of a mall-type self-service postal 
unit on the campus of the University of South Florida, Tampa. 
The Board of Regents agreed to assume all responsibility with 
respect to the proposed facility required by the agreement. 



8-6-68 



- 36 - 



The Attorney General reviewed the agreement and approved it as to 
form and legality. 

Motion was made by Mr, Christian, seconded and adopted without 
objection, that the Trustees grant the request of the Board of 
Regents and enter into the agreement for the postal unit at the 
University of South Florida in Tampa, Hillsborough County. 



MARTIN COUNTY - Michael G. Littman on behalf of Vince Nelson made 
request for an exchange of oil, gas and mineral interest in the 
SE^ of NE% of Section 20, Township 40 South, Range 42 East, 40 
acres, owned by Nelson, and the reserved interest held by the 
Trustees in the SE^ of NE^ of Section 22, Township 40 South, Range 
42 East, 40 acres, all in Martin County, recently sold by Nelson 
to another party. 

Mr. Nelson, in selling the SE^ of NE^ of Section 22, placed 
$10,000.00 in escrow to guarantee furnishing the oil and mineral 
interest held by the state. Due to the absence of statutory 
authority to release the reservations held by the state on 
acreage tracts, an equal exchange of interest in the two tracts 
was requested. The office of the State Geologist advised that 
there was no difference in value so far as the oil, gas and 
minerals were concerned, between the two tracts which were 
located two miles apart. 

Staff recommended exchange of reservations for a handling fee 
of $10.00. The Director advised that the matter was on the 
agenda at the request of the Outdoor Recreational Planning Commit- 
tee Staff which has a proposal pending with the Nelson Estate 
(Mr. Nelson is now deceased). 

Mr. Adams commented that the Trustees were not divesting themselves 
of any title and it was an even exchange of oil and mineral interest, 

Motion was made by Mr. Williams, seconded by Mr. Dickinson and 
adopted unanimously, that the Trustees approve the exchange of 
reserved interest for a handling fee of $10.00. 



TRUSTEES ' FUNDS - On motion by Mr. Williams, seconded and adopted 
unanimously, the Trustees authorized the State Board of Adminis- 
tration to reinvest the Trustees' funds now in short-term U. S. 
Treasury bills in the amount of $205,000.00 (par value) maturing 
on August 15, 1968, in like securities. 



TRUSTEES ' FUNDS - Staff requested approval of release of Trustees' 
funds in an amount not to exceed $3,500.00, in order to retain 
the services of a registered engineer to assist in providing 
essential information as to the quantity of rock located in the 
berm seaward of the Bernie C. Papy submerged land purchase contract 
boundary. This was in connection with the administration of the 
procedure approved by the Trustees on July 30, 1968, concerning 
the Papy fill matter in Monroe County. 

Motion was made by Mr. Dickinson, seconded by Mr. Williams and 
adopted unanimously, that the Trustees approve release of funds 
in an amount not to exceed $3,500.00 for the purpose stated. 



On motion duly adopted, the meeting was adjourned. 

8-6-68 

- 37 - 



SECRETARY OF STATE/- ACTING CHAIRMAl 



ATTEST 



.. ^I^^<^ d^. 1^^ 



DIRECTOR 



SECRETARY 



Tallahassee, Florida 
August 13, 1968 



The Trustees of the Internal Improvement Fund met on this date 
in the Capitol in Senate Hearing Room 31, with the following 
members present: 



Claude R. Kirk, Jr. 

Tom Adams 

Earl Faircloth 

Fred 0, Dickinson, Jr. 

Broward Williams 

Floyd T. Christian 

Doyle Conner 



Governor 

Secretary of State 

Attorney General 

Comptroller 

Treasurer 

Superintendent of Public Instruction 

Commissioner of Agriculture 



Robert C. Parker 



Director 



On motion duly adopted, the Trustees approved minutes of the 
meeting held on August 6, 1968. 



MONROE COUNTY - File No. 2068-44-253.12. On May 28, 1968, the 
Trustees deferred action and directed that the Staff bring back 
a current appraisal for a 0.31 acre parcel of land in Niles 
Channel in Section 36, Township 66 South, Range 28 East, Summer- 
land Key, Monroe County, applied for by Mark Denbury and wife 
for use as a protected boat basin. The new appraisal reported 
a value of $967.74 per acre, or $300.00 for the parcel. The 
Director pointed out that the 1959 appraisal had been $425.00 
per acre, established by the Trustees for sales in that area. 

Submitted prior to the moratorium, this application was considered 
by the Trustees on March 19, when the Board directed a review be 
made in the light of the saw-tooth policy adopted on that date. 
A field investigation disclosed that the abutting owner of the 
submerged land to the south had constructed a solid filled area 
projecting 150 feet seaward from the shore, and that debris had 
accumulated along the applicant's rocky foreshore. On April 9 
the Trustees authorized advertisement for objections only, and 
no valid objection was received. 

The biological report dated March 11, 1968, considered previously, 
indicated that the 0.31 acre parcel was in an area approximately 
50% vegetated, and that those unsold areas where the parcel was 
located were considered feeding and nursery grounds. 

The plat was examined and Mr. Adams raised a question regarding 
the philosophy of selling finger-parcels, pointing out that it 



8-13-68 



- 38 - 



could continue on down the coastline from the application parcel. 
The Director said that the saw-tooth policy suggested by Mr. Adams 
had been implemented in light of the clarification furnished to 
the staff, that the map shov/ed a filled lot on only one side 
immediately adjacent to the parcel, and the applicant desired to 
construct a boat basin protected by a seawall. Mr. Conner said 
that a parcel between two filled lots would have conformed to the 
saw-tooth policy, and Mr. Faircloth agreed that was what they 
had in mind. 

Motion was made by Mr. Vvilliaras that the sale be disapproved. 
Mr. Faircloth seconded the motion, which was adopted v.'ith one 
dissenting vote, by Mr. Christian. 



MONROE COUI^TY - File lio. 2073-44-253.12. On May 2B, 19 6-2 , the 
Trustees deferred action and directed that the Staff bring bac;: 
a current appraisal for a 0.-:6 acre parcel of submerged land in 
Sacarma Bay in Section 29, Tovmship 66 South, Range 23 East, at 
Cudjoe Key, Monroe County, applied for by Henrietta Zanglein 
for construction of a rock jetty and a small boat basin. The 
nev; appraisal reported a value of $543.43 per acre or $250.00 
for the parcel. The 1959 appraisal established by the Trustees 
for sales in that area had been $300.00 per acre. 

Submitted prior to the moratorium, this application was considered 
by the Trustees on March 19 and an on-site inspection was requested 
in the light of the saw-tooth policy adopted at that meeting. A 
field investigation disclosed that the abutting owner of submerged 
land to the west had constructed a solid filled area projecting 
185 feet seaward from the shore, and that debris accumulated along 
the foreshore of the subject parcel. On April 9 the Trustees 
authorized advertisement for objections only, and no valid objec- 
tion was received. 

The biological report dated March 11, 1968, stated that the 
parcel sought for purchase was located v;ithin an area heavily 
vegetated with turtle grass, Cuban shoalweed and attached algae, 
and that it was considered as a nursery and feeding ground for 
marine life. 

The plat showed a solid fill on only one adjacent side of the 
application parcel, and the same comments made in respect to the 
preceding item in these minutes applied. The Director said that 
the Staff felt that the situation met the saw-tooth criteria when 
the new appraisal was called for. Mr. Christian felt that 
securing a current appraisal indicated approval. 

Motion was made by Mr. Williams that the sale be disapproved. 
Mr. Adams seconded the motion which was adopted with one 
dissenting vote, by Mr. Christian. 



SARASOTA COUNTY - File No. 2019-58-253.12. McClain and Turbiville 
on behalf of Per A. 0. Scheutz, et ux, made application to purchase 
a parcel of submerged land in Sarasota Bay in Section 24, Township 
36 South, Range 17 East, Sarasota County, landward of the estab- 
lished bulkhead line. The value, reduced because an easement for 
a State Road Department drainage ditch ran across the parcel, was 
$18,000.00 per acre. Applicant was willing to purchase subject 
to the easement. 

The Director explained that during the moratorium the staff did 
not consider it was justified in placing applications on the 



J-13-68 

- 39 - 



agenda except by request of one of the members. Mr. Dickinson 
had asked for this matter to be agendaed. 

The biological report dated October 24, 1966, was not adverse. 

On motion by Mr. Dickinson, seconded by Mr. Christian and adopted 
unanimously, the Trustees authorized advertisement of the parcel 
of submerged land for objections only. 



CHARLOTTE COUNTY - File No. 2140-08-253.03. The Board of County 
Commissioners of Charlotte County by Resolution No. 68-15 adopted 
on August 2, 1968, requested dedication of two abutting parcels 
of sovereignty land in Section 6, Township 41 South, Range 23 
East, in the Peace River lying within the City of Punta Gorda, 
Charlotte County. 

By virtue of Trustees' Instrument of Dedication No. 24437 dated 
December 14, 1966, the Trustees granted one parcel of sovereignty 
land containing 2.50 acres to the City of Punta Gorda for public 
purposes. The city found it expedient to assign their interest 
in the 2.50 acres to Charlotte County and has requested, by 
Resolution No. 367 dated December 19, 1967, that the Trustees 
confirm the city's action and dedicate the 2.50 acres of 
sovereignty land to Charlotte County. 

The second parcel requested by Charlotte County, containing 
2.65 acres, was not encumbered. It is to be combined with the 
parcel granted to the city, creating a total of 5.15 acres of 
sovereignty land to be used for public purposes. A bulkhead line 
was established and the biological report was not adverse to 
dredging and filling the tract. 

Motion was made by Mr. Adams, seconded by Mr. Christian and 
adopted unanimously, that the land be advertised for objections 
only. 



DADE COUNTY - Dredge Permit, Section 253.123. Florida Power 
and Light Company, Miami, Florida, applied for permit to install 
a submarine cable across Dumfoundling Bay in Sections 2 and 3, 
Township 52 South, Range 42 East, Dade County. 

Staff recommended approval and waiver of requirement of biologi- 
cal or ecological study as provided in Section 253.123(3) (a), 
since the project will serve the public need. 

Motion was made by Mr. Adams, seconded by Mr. Christian and 
adopted without objection, that issuance of the dredge permit 
be approved. 



OKALOOSA COUNTY - Dredge Permit, Section 253.123. Wayne Patton 
of Fort Walton Beach, Florida, applied for permit to remove 
222.2 cubic yards of material from Choctawhatchee Bay in Section 
18, Township 2 South, Range 23 West, Okaloosa County. He tendered 
check for $25.00, minimum charge, in payment for the material 
which he would use to improve his upland property. 

The Florida Board of Conservation by letter dated August 8, 1968, 
reported the project would not adversely affect marine resources 
in the area. The application was not complete when first sub- 
mitted on March 19, 1968, and the required exhibits were now in 
the Trustees' office. The application was placed on the agenda 



8-13-68 
- 40 - 



at the request of Mr. Dickinson. 

Mr. Adams asked about the price of the fill material. The 
Director said the amount did not come up to the minimum, and 
that the Technical Advisory Committee on Fill Material was 
still working on recommendations to present to the Board. 

Motion was made by Mr. Dickinson, seconded by Mr. Christian and 
adopted without objection, that the dredge permit be approved. 



LAKE COUNTY - E. R. Greenhough of Astor Park, Florida, applied 
for a permit to construct a dock in the St. Johns River in 
Section 30, Township 15 South, Range 28 East, Lake County. All 
required exhibits including $100.00 processing fee were submitted. 

Motion was made by *Mr. Adams, seconded by Mr. Dickinson and 
adopted without objection, that the dock permit be issued. 



PALM BEACH COUNTY - The State Road Department applied for a 
permit to enter that part of Lake Osborne in Section 4, Township 
45 South, Range 43 East, Palm Beach County, remaining under the 
jurisdiction of the Trustees, in order to sample the soil in the 
bottoms thereof as to its suitability for use as fill material 
in the construction of Interstate No. 95, Section 93220-2412. 
Central and Southern Florida Flood Control District and the 
Game and Fresh Water Fish Commission had no objections to the 
proposed work nor to any eventual excavation. 

Motion was made by Mr. Christian, seconded by Mr. Adams and Mr. 
Dickinson, and adopted, that the request be granted. 



MARTIN COUNTY TO MONROE COUNTY - Judge Russell O. Morrow submitted 
a request for and on behalf of Fritz Wanzenberg for a permit to 
take from the submerged bottoms of the intercoastal bays, water- 
ways and lagoons from Martin County south to the northern end of 
Monroe County in Florida Bay, fifty experimental samples of soil 
consisting of from one to two yards for each sample. 

The staff had requested review and recommendation from the Board 
of Conservation and the Air and Water Pollution Control Commission, 
which due to lack of information had been unable to evaluate the 
request completely. 

Judge Morrow explained the proposal to take samples of sediment 
to conduct experiments with a patented process invented by Mr. 
Wanzenberg for extracting copper and other metals. Depending on 
what degree of metals might be in the sediment, it might prove 
to be financially profitable for the State of Florida, he said. 
Not more than fifty samples would be taken from areas not limited 
to the Inland Waterway, he explained, and within approximately 
three to six months the applicant would have more data for the 
Trustees to consider. 

After several questions and a brief discussion, motion was made 
by Mr. Dickinson, seconded by Mr, Williams and adopted without 
objection, that Trustees authorize issuance of a permit for taking 
samples, not to exceed fifty in number, from the areas requested 
by Mr. Wanzenberg to conduct the experiments. 



5-13-68 

- 41 - 



COLLIER COUNTY - Oil and Gas Drilling Lease. Joseph G. Heyck of 
Tampa, Florida, requested advertisement for sealed bids for an 
oil and gas drilling lease of all of Section 2, Township 47 South, 
Range 28 East, Collier County, owned by the Trustees. He offered 
annual rental of $1.00 per acre, one-eighth royalty for a five- 
year lease, and agreed to pay all advertising costs. All wells 
would be drilled to a depth of 7,400 feet or to the top of the 
Lower Cretaceous, whichever is deeper, with at least one well to 
be drilled within the first two and one-half years of the lease. 

On motion by Mr. Conner, seconded by Mr. Adams and adopted without 
objection, the Trustees authorized advertisement of the land for 
competitive sealed bids for a five-year oil and gas lease pursuant 
to law, under the conditions stated above. 



SHELL LEASES - On motion duly adopted, the Trustees accepted as 
information the following report of remittances received by the 
Florida Board of Conservation from holders of shell leases: 

Lease No. Name of Company Amount 

1788 Benton and Company $4,74 2.63 

2233 Bay Dredging and Company 6,598.06 



BAY COUNTY - Lease. On April 22, 1968, the Trustees authorized 
a lease for two years to Akima International, Inc., covering eight 
acres of submerged land in Little Goose Bayou of Bay County 
adjacent to the airport, to allow use of the bayou for conducting 
marine biological research. The company requested that the April 
22nd authorization be amended to include an additional twenty acres 
of submerged land adjacent to the eight acres, for the cultivation 
of shrimp. 

The Board of Conservation reviewed the additional area and recom- 
mended approval, as the area had no biological value due to 
recent dredging in extending a runway of the airport. 

The Panama City-Bay County Airport Authority, adjacent upland 
owner, also recommended approval for use of the additional land. 

Staff recommended amending the original authorization to include 
the additional twenty acres for the same period of time, two 
years, and annual rental of $1.00 per acre. 

On motion by Mr. Adams, seconded by Mr. Christian and adopted 
unanimously, the Trustees approved the request as recommended by 
the Staff. 



INDIAN RIVER COUNTY - Staff requested authority to issue a 
corrective deed to correct one call in the description in 
Trustees Deed No. 20533 issued to Floyd F, Koogler under date 
of December 15, 1953, wherein a transposition of figures was 
discovered by the applicant. 

On motion by Mr. Adams, seconded by Mr. Christian and adopted 
without objection, the Trustees authorized issuance of the 
corrective deed for $10.00 handling charge. 



8-13-68 



- 42 - 



SUBJECTS UNDER CHAPTER 18296 



On motion by Mr. Conner, seconded by Mr. Christian and adopted 
without objection, the Trustees approved Report No. 937 listing 
County of Palm Beach Deed No. 1865-Corrective to Myrtle A. Meyer, 
an undivided one-half interest, and Harry S. Shepherd, as 
ancillary executor of the Estate of Florence M. Shepherd, deceased, 
an undivided one-half interest, to be issued in lieu of a deed 
to Harry R. Potter who was deceased on the date of the deed, 
September 8, 1944. The new deed was Jbp correct the name of^ht 
grantee. 



On motion duly adopted, the mee 



ATTEST: 



C^^^^.^.^ 




DIRECTOR 



SECRETARY 



* * * 



* * * 



* * * 



Tallahassee, Florida 
August 20, 1968 



The Trustees of the Internal Improvement Fund met on this date 
in the Capitol in Senate Hearing Room 31, with the following 
members present: 



Claude R. Kirk, Jr. 

Tom Adams 

Earl Faircloth 

Fred 0. Dickinson, Jr, 

Broward Williams 

Floyd T. Christian 

Doyle Conner 



Governor 

Secretary of State 

Attorney General 

Comptroller 

Treasurer 

Superintendent of Public Instruction 

Commissioner of Agriculture 



Robert C. Parker 



Director 



On motion duly adopted, the Trustees approved the minutes of the 
meeting of August 13, 1968. 



MONROE COUNTY - File No. 2056-44-253.12. On May 28, 1968, the 
Trustees deferred action on confirmation of sale and directed 
that the Staff bring back a current appraisal for a parcel of 
submerged land in the Straits of Florida in Section 7, Township 
63 South, Range 33 East, 0.28 acre at Plantation Key, Monroe 
County, applied for by Herman Z. Zinn, et ux , upland owners, 
for construction of a protected boat basin. The new appraisal 
reported a value of $275.00 for the small parcel and Staff 
recommended the sale. 

In meeting April 9, 1968, prior to the moratorium, the Trustees 



8-20-63 



- 43 - 



authorized advertisement for objections only. No objections 
to the sale were received from riparian owners of property within 
1000 feet of the application parcel. The biological report was 
not adverse, therefore the sawtooth policy was not applicable. 
The Board of Conservation report dated December 27, 1967, was 
considered with the two previous agenda items on the application 
and copy was furnished to the Trustees with the agenda for this 
date. 

Motion was made by Mr. Christian, seconded by Mr. Adams and 
adopted unanimously, that sale of the advertised parcel be 
confirmed in favor of the abutting upland owners, at the current 
appraised value of $275.00 for the 0.28 acre parcel. 



VOLUSIA COUNTY - File No. 2143-64-253.12(6). Application was made 
by Donald Sessions on behalf of Bernard M. Beach, Sr. , for con- 
veyance under provisions of Section 253.12(6) Florida Statutes 
(1967) of two contiguous parcels of sovereignty land in the 
Halifax River abutting uplands in Sections 37, Township 15 South, 
Range 33 East, City of Holly Hill, Volusia County, containing a 
total of 0.67 acre which had been filled subsequent to May 29, 
1951, and prior to June 11, 1957, 

The applicant offered the appraised value of $600.00 per acre or 
a total of $402.00 for the two parcels, being the appraised value 
of the submerged land as it existed prior to filling. 

On motion by Mr. Conner, seconded by Mr. Adams and adopted unani- 
mously, the Trustees authorized issuance of the instrument 
required by Section 253.12(6) Florida Statutes. 



DADE COUNTY - Section 253.123 Florida Statutes. Southern Bell 
Telephone & Telegraph Company of Jacksonville, Florida, applied 
for permit to install a submarine cable across Biscayne Bay in 
Section 40, Township 55 South, Range 41 East and Section 18, Town- 
ship 55 South, Range 41 East, in the City of Miami, Florida. 

Staff recommended waiver of requirement of biological or ecological 
study as provided in Section 253. 123 (3) (a) , and approval of the 
proposed cable which would serve the public need. 

On motion by Mr. Adams, seconded by Mr. Christian and adopted 
unanimously, the Trustees approved the application as recommended. 



MANATEE COUNTY - Section 253.123 Florida Statutes. Chairman Dan P. 
McClure of Manatee County Port Authority made application for modi- 
fication of the permit issued on June 4, 1968, to allow inclusion 
of a turning basin adjacent to and offshore from the existing 
bulkhead line in Section 1, Township 33 South, Range 17 East, in 
Manatee County. 

The modification was reviewed by the Florida Board of Conservation 
Staff which reported by letter of August 14, 1968, that it would 
not adversely affect marine resources in the area, and further 
recommended that fill area be adequately diked to prevent or 
minimize the dispersion of silt in the area. 



8-20-68 



- 44 - 



On motion by Mr. Adams, seconded by Mr. Williams and adopted 
unanimously, the Trustees approved modification of the permit to 
Manatee County Port Authority. 



POLK COUNTY - Dredge Permit, Section 253.03 Florida Statutes. 
John H. Wardlaw of Frostproof, Florida, applied for an after-the- 
fact permit for removal of 900 cubic yards of material from Lake 
Streety in Sections 23 and 24, Township 32 South, Range 27 East, 
Polk County. He had constructed a ditch 900 feet long, 12 feet 
wide and 9 feet deep to feed water to his citrus grove irrigation 
system. The material placed on either side of the ditch in Lake 
Streety had been removed and placed on upland. 

Mr. Wardlaw tendered check in the amount of $90.00 as payment for 
the material removed, at the after-the-fact penalty rates. Staff 
recommended approval. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted 
without objection, the Trustees authorized issuance of the after- 
the-fact permit. 



BREVARD COUNTY - File 423-05-253.124 (Fill Permit) and 253.123 
(Dredge Permit) . Staff recommended approval of the fill permit 
issued by the Engineering Department of the Board of County 
Commissioners of Brevard County dated June 5, 1968, to Hampton 
Homes Corporation under the provisions of Section 253.124 to 
fill the 43.08 acre tract of submerged land, including the 8.41 
acres dedicated to Brevard County for road right of way in 
Section 25, Township 24 South, Range 36 East, lying landward of 
the established bulkhead line in Brevard County. 

Also, authority was requested to issue a dredge permit to said 
applicant under the provisions of Section 253.123 to take 550,000 
cubic yards of material from the approved dredge area to fill and 
improve both the submerged land and the upland property. The 
cost at 5/d per cubic yard would total $27,500.00 and applicant 
requested that the Trustees accept the payment plan of one-third 
of the total amount upon issuance of the permit, one-third within 
30 days thereafter, and one-third within 60 days thereafter. 

The biological report dated November 7, 1967, showed that the 
proposed development would not significantly affect conservation 
resources of the area. The study was made for the bulkhead line 
which was sought to accomodate right of way for the North-South 
access route for Merritt Island. 

The Board of County Commissioners of Brevard County, by letter 
from its Chairman Lee Wenner, requested this application to be 
considered as an exception to the moratorium. 

Mr. Adams asked to see the map, commenting on the amount of sub- 
merged land to be filled in a private development. The Director 
said that the sale was made primarily on the basis of the roadway 
being involved, that the applicants were helping the county and 
were the connecting link that would attach the roadway to the 
new Sykes Creek bridge to be built by the State Road Department. 
Mr. Adams said a report from the Inter-Agency Committee on the 
critical counties would be ready very soon. 

Mr. Faircloth pointed out that the rate of 10/f per cubic yard for 
fill material was under consideration by the special committee. 



8-20-68 



- 45 - 



The Director said that committee would probably report in a few 
weeks, but the rate of 5)6 was now in effect under approved rules, 

Motion was made by Mr. Williams, seconded by Mr. Christian and 
adopted without objection, that the Trustees approve the fill 
permit issued by Brevard County under Section 253.124, approve 
the dredge permit under provisions of Section 253.123, and grant 
the applicant's request to make payment for the fill material 
one third upon issuance of permit, one-third 30 days thereafter, 
and one-third within 60 days thereafter, at 5/f per cubic yard. 



BREVARD COUNTY - Dredge Permit, Section 253.123 Florida Statutes, 
The Board of County Commissioners of Brevard County, by letter 
from Chairman Lee Wenner, applied for a permit to install a 
subaqueous sanitary sewer line in Sykes Creek in Section 30, 
Township 24 South, Range 37 East, Brevard County. 

The Trustees were requested to waive requirement of biological 
or ecological study as provided in Section 253. 123 (3) (a) . The 
work would serve the county recreation area on Kiwanis Island. 

Motion was made by Mr. Christian, seconded by Mr. Williams and 
adopted unanimously, that the Trustees authorize issuance of the 
permit to Brevard County. 



PINELLAS COUNTY - Dock Permits, Section 253.03. The Pinellas 
County Water and Navigation Control Authority approved the 
following permit applications; and all required exhibits, $100.00 
processing fee, were submitted by each applicant for a state dock 
permit: 

(1) Elmer J. Krauss, to construct a dock in Bie Bayou 
in Section 31, Township 31 South, Range 17 East, 
St. Petersburg, Florida; 

(2) Smart Set, Inc., by Frank Mora, to construct a dock 
in Boca Ciega Bay in Section 24, Township 31 South, 
Range 15 East, Treasure Island, Florida. 

On motion by Mr. Williams, seconded by Mr. Adams and adopted 
unanimously, the Trustees authorized issuance of the two dock 
permits. 



ALACHUA COUNTY - Section 253.03. The Board of Regents requested 
the Trustees to convey title to Lot 2 of the Fraternity Area on 
the University of Florida campus to Florida Chi Phi Association, 
Inc., for a consideration of $3,800.00, for the purpose of con- 
structing a housing facility. The proposed deed was reviewed 
and approved by the Attorney General as to form and legality. 
Title would be held by the Association subject to certain restric- 
tions and reservations whereby, following established policy of 
the University, the property would be subject to university 
regulations and subject to repurchase by the Trustees in the 
event construction of a suitable house, as approved by the 
Board of Regents, was not commenced within four years. 

On motion by Mr. Conner, seconded by Mr. Williams and adopted 
unanimously, the Trustees approved the request of the Board of 
Regents and authorized conveyance of the subject property to 
Florida Chi Phi Association, Inc. , subject to the restrictions 
and reservations set forth in the deed. 



8-20-68 
- 46 - 



DADE COUNTY - Section 253.03, Pursuant to action of the Board 
of Commissioners of State Institutions on March 19, 1953, v;ith 
respect to construction of a State Mental Health Facility on 
land provided by Dade County, the Board of County Commissioners 
of Dade County forwarded an agreement between the State of Florida 
and Dade County whereby the county agreed to convey fee title to 
Tract "A" of Highland Municipal Park, a subdivision in Dade County, 
for construction of a State Mental Health Facility subject to 
certain conditions. The agreement and deed were reviewed and 
approved by the Attorney General and considered by the Trustees 
without action on July 30 because of the wording "within a 
reasonable time" in the agreement. 

The agreement was revised by Dade County, changing the wording 
to "within five years from the date of deed" , so that if the 
State of Florida failed to commence construction of a mental 
facility within that period of time, title would revert to the 
county. 

On motion by Mr. Adams, seconded by Mr. Williams and adopted 

unanimously, the Trustees approved the agreement as amended 

and accepted title to the property on behalf of the State of 
Florida. 



LEON COUNTY - Section 253.03 - Easement. The City of Tallahassee 
requested an easement 100 feet wide over and across property 
at Sunland Hospital in Tallahassee for installation of electric 
transmission lines. The Division of Mental Retardation had 
approved granting of the easement. 

The Board of Commissioners of State Institutions approved the 
request in regular meeting on this date. 

On motion by Mr. Adams, seconded by Mr. Williams and adopted 
unanimously, the Trustees granted the easement requested by 
the City of Tallahassee. 



LEON COUNTY - Section 253.03 - Easement. Leon County requested 
easement 30 feet wide across the Lake Jackson Indian Mound Park 
property for construction of a ditch to provide drainage from 
park property and access road. The Board of Parks reviewed the 
request and recommended granting the easement, which was approved 
by the Attorney General as to form and legality. 

On motion by Mr. Adams, seconded by Mr. Williams and adopted 
unanimously, the Trustees granted the easement requested by 
Leon County for drainage of the park property and access road. 



VOLUSIA COUNTY - Section 253.03 - Land Exchange. The Board of 
Parks requested the Trustees to consider an exchange of land 
in connection with the DeBary Mansion, which is located on a 
parcel without public road access or frontage, being separated 
from Sunrise Boulevard by a parcel 95 feet by 300 feet which 
was owned by Joseph Kesler. Mr. Kesler agreed to exchange that 
parcel for Lot 19, Block 3, Unit 31, of Plantation Estates, an 
unimproved parcel acquired by the state in purchasing the DeBary 
Mansion property, but separated from the mansion property by 
approximately 1,200 feet. The Park Board advised that Lot 19 
was separated from the main use area and of little use for 
future development, and that acquisition of the Kesler parcel 



8-20-68 

- 47 - 



would provide full access to the mansion and permit additional 
landscaping to enhance the entrance and view from Sunrise 
Boulevard. 



Staff recommended that the Trustees authorize the exchange 
with the assistance of the Attorney General. The Director 
exhibited a map showing the parcels in the exchange proposal. 

Motion was made by Mr. Adams, seconded by Mr. Christian and 
adopted unanimously, that the exchange be authorized and the 
Attorney General was asked to assist in making the land 
exchange. 



On motion by Mr. Williams, seconded by Mr. Christian and 
adopted, the Trustees authorized the Staff to advertise for 
bids for printing and binding the mj/fuT^es for the past 
biennium. 



On motion duly adopted, the me 



ATTEST 



..C^^^Aj&^ 




DIRECTOR 



SECRETARY 



* * * 



4r • * 



Tallahassee, Florida 
September 3, 1968 



The Trustees of the Internal Improvement Fund held a special 
meeting at 9:00 A.M. on this date in the Capitol in Senate 
Hearing Room 31, with the following members present: 



Claude R. Kirk, Jr. 
Tom Adams 

Fred O. Dickinson, Jr. 
Broward Williams 
Floyd T. Christian 
Doyle Conner 



Governor 

Secretary of State 

Comptroller 

Treasurer 

Superintendent of Public Instruction 

Commissioner of Agriculture 



The purpose of this special meeting was the presentation of 
Report No. 1 of the Interagency Advisory Committee on Submerged 
Land Management, a committee created by the Trustees on May 14, 
1968, for the purpose of reviewing existing bulkhead lines in 
coastal counties in the state and submitting recommendations 
concerning submerged land management policies. 

A report was also scheduled from the Mean High Water Committee, 
created by the Trustees in 1964 for the purpose of developing 
criteria that could be used in determining the line of mean 
high water. This committee was not in position to submit 
specific recommendations but made a progress report, shown 
later in these minutes. 



9-3-68 



- 48 - 



The Technical Advisory Committee on Fill, members of which were 
appointed on July 9, 1968, made its final report, shown 
hereafter in these minutes. 



Honorable Randolph Hodges, Chairman of the Interagency Advisory 
Committee, explained the membership, the many hours of meetings 
by the committee and subcommittees, the review of hundreds of 
maps in the Trustees office with special assistance of Mr. A. 
Rees Williams, and read the following report. 

REPORT NUMBER 1 

INTERAGENCY ADVISORY COMMITTEE ON SUBMERGED LAND MANAGEMENT 

BULKHEAD LINE REVIEW AND RECOMMENDATIONS FOR BREVARD. DADE. 

MONROE. PALM BEACH. PINELLAS. LEE. MANATEE. DUVAL. AND 

SARASOTA COUNTIES. 

INTRODUCTION: 

The directors or representatives of the Florida Board 
of Conservation, Trustees of the Internal Improvement Fund, 
Game and Fresh Water Fish Commission, Florida Development 
Commission, Outdoor Recreational Development Council and 
the Office of State Planning comprise the voting membership 
of the Interagency Advisory Committee on Submerged Land 
Management. Director of the Board of Conservation is Chair- 
man and Director of Office of State Planning is Vice-Chairman. 

Staff aides to the Governor, Secretary of State, 
Attorney General, State Comptroller, Superintendent of Public 
Instruction, State Treasurer, and Commissioner of Agricul- 
ture, who comprise the Trustees of the Internal Improvement 
Fund, attend and participate in the meetings as non-voting 
members. 

At its first meeting, on 27 May 1968, this Committee 
adopted the following objectives: 

A. Review all existing bulkhead lines and identify 
those which are incompatible with the public 
interest. 

B. Recommend location of comprehensive bulkhead 
lines for all counties and cities. 

C. Recommend the optimum use for submerged lands, 
based on a classification of coastal areas and 
determination of priorities. 

D. Recommend a statewide system of aquatic preserves. 

E. Evaluate the authority for state submerged land 
management. 

F. Encourage conclusion of mean high water deter- 
mination. 

G. Prepare a current map of bulkhead lines, coastal 
areas, classifications, and aquatic preserves. 



Special Meeting 
9-3-68 

- 49 - 



This report deals with objectives A and B for Brevard , 
Dade . Monroe , Palm Beach . Pinellas . Lee , Manatee . Duval and 
Sarasota Counties. 

BASIC RECOMMENDATIONS: 

(1) Bulkhead lines should be located at the mean high 
water line except where the locations of lines 
farther offshore can be fully justified as being 
in the public interest. 

(2) When a bulkhead line is recommended to be set at 
the line of mean high water, said line should lie 
landward of all submerged lands which may have 
been conveyed into private ownership but for which 
no dredge and fill permit is currently in effect; 
but said bulkhead line should lie bayward of those 
submerged lands previously conveyed into private 
ownership for which a dredge and fill permit is in 
effect, for the duration of the current permit 
period only. Any land in the latter case not filled 
during the present permit period should be excluded 
from the bulkhead line at the termination of said 
permit period. 

(3) In those cases where a bulkhead line is relocated 
resulting in a reduction of a property owner's 
potentially developable land, the State of Florida 
should consider an appropriate compensation to the 
owner for this reduction. 

COUNTY REVIEWS: 

The nine counties covered by this report represent 
coastal areas where pressures of a burgeoning population and 
waterfront development are greatest and where natural aquatic 
areas remain that are valuable and productive for outdoor 
recreation and conservation. Dredging and filling to create 
waterfront real estate from shallow submerged lands have been 
done or proposed extensively enough in each of these nine 
critical counties to represent a threat to the continued use 
and enjoyment by the public of its sovereignty lands and 
open waters. 

The Committee has concerned itself with comprehensive 
rather than piecemeal bulkhead lines. State Road Department 
County maps, scale 1 inch equals 1 mile, have been marked by 
a red line to show where the Committee recommends bulkhead 
lines to be relocated along the line of mean high tide and 
by a green line to show bulkhead line relocation recom- 
mendations as noted for description and discussion in 
this report. 

BREVARD COUNTY 

The Committee recommends that the line of departure 
to be used in Brevard County from which to measure and 
locate bulkhead lines in the Indian River should be the 
mean high water line above the mean sea level as established 
by the U. S. Coastal and Geodetic Survey rather than being 
one foot offshore from the vegetation line as previously 
designated by Brevard County. The Committee's recommendation 
would mean that the bulkhead line could be moved 1000 or 
more feet shoreward in some mangrove and marsh areas. 



Special Meeting 
9-3-68 
- 50 - 



(winds rather than tides most influence water levels in the 
Indian and Banana Rivers, shallow elongated coastal lagoons 
with very limited connections with the Atlantic Ocean.) 

The Committee recommends that bulkhead lines be located 
at the line of mean high water for all federally-owned property 
in Brevard County as an expression of the State's desire to 
protect and preserve valuable and productive submerged land 
from filling. 

Excluding primarily Titusville and Cocoa Beach, the 
bulkhead lines are recommended to be at the line of mean 
high water for the eastern and western shoreline of the 
Banana and Indian Rivers. 

Titusville and vicinity. Cocoa Beach, and Newfound 
Harbor have been most affected by bulkhead line extensions 
offshore from the line of mean high water, submerged land 
sales, and dredge-fill projects and applications. 
The three notes below (see SRD County map) pertain to 
the problem areas mentioned above. 

Note Number 1- The bulkhead line should begin at the northern 
city limits of Titusville, proceeding southeasterly to the 
northeast corner of conveyed submerged land (Trustees Deed 
#24059) , thence following established bulkhead line to the 
southern limits of the City of Titusville, with recommendation 
that all fill be obtained from water depths greater than six 
feet mean low water, as previously recommended by the Board 
of Conservation. 

Note Number 2- Along the easterly shore of Newfound Harbor, 
north of State Road 520, where bulkhead lines are established, 
the existing bulkhead line be recommended. Where there are 
no bulkhead lines, they should be set at the line of mean 
high water. Continuing north of State Road 520, to the 
unnamed offshore islands, the bulkhead line should be 
established as presently submitted by the county for a re- 
creation site, after modification as recommended by the 
Board of Conservation. South of State Road 520, along the 
easterly shore of Newfound Harbor to the tip of Horti Point, 
including adjacent offshore islands, the bulkhead line 
should be established at the mean high water line. 

Note Number 3- Beginning on the eastern shore of Banana 
River at the intersection of the shoreline with State Road 
528, the bulkhead line should follow the line of mean high 
water south to the northern limits of the City of Cocoa 
Beach, thence follow the established bulkhead line south 
to southwestern corner of McLarty Fill, thence along the 
line of mean high water south to intersection of northern 
boundary of southern half of Section 3, T 25S, R 37E, 
thence due west to intersection with established offshore 
bulkhead line, thence northwesterly along said bulkhead 
line to the intersection of northern boundary of Section 
4, T 25S, R 37E, thence southerly along general line of 
emergent island vegetation (Thousand Islands) to inter- 
section with shoreline of filled upland, thence generally 
southerly along line of mean high water to intersection 
of northern boundary of Patrick Air Force Base. (See aerial 
photo) 



Special Meeting 
9-3-68 

- 51 - 



DADE COUNTY 

In Biscayne Bay north of MacArthur Causeway and Dumb- 
founding Bay, the bulkhead lines along the mainland and 
beach sides of the bay are recommended for confirmation — 
except for elimination of a bulkhead line around nearly 
200 acres of submerged land owned by the City of Miami 
Beach south of Julia Tuttle Causeway where the Committee feels 
that a large fill and necessary dredging could cause 
hydrographic problems and retard efforts to improve water 
quality and recreational fishing in heavily developed northern 
Biscayne Bay. To improve fishing and eliminate visible 
junk, the City of Miami is placing abandoned automobile 
bodies in a borrow area northwesterly from Julia Tuttle 
Causeway. 

Along the western shoreline of Biscayne Bay from 
MacArthur Causeway to Rickenbacker Causeway, the bulkhead 
line is recommended for confirmation for the developing 
downtown water front age of Miami. 

Bulkhead lines around Dodge and Fisher Islands are 
recommended for confirmation because this is a heavily 
dredged, filled and developing port area. 

Except for the Dinner Key city and marina complex, 
it is recommended that the bulkhead line be relocated to 
the line of mean high water from Rickenbacker Causeway 
southerly to the Monroe County line. From Coral Gables 
southerly, this would mean that the bulkhead line would 
be moved shoreward as much as 600 to 700 feet in some areas. 

The Committee recommends that the moratorium on 
submerged land sales and dredge-fill permits be continued 
from the northern end of Soldier Key southerly to Monroe 
County until final action is taken by the U.S. Congress 
on the proposed Biscayne National Monument and that then 
the bulkhead lines be considered. The Committee also 
recommends that the Ragged Keys be included in the boundary 
of the Biscayne National Monument. 

The offshore bulkhead line south of Cape Florida should 
be eliminated since Florida now has a new state park at the 
southern end of Key Biscayne. Filling offshore from the 
park would not enhance its value. 

The Committee recommends that bulkhead lines along the 
bayside of Virginia and Biscayne Keys be relocated to the 
line of mean high water. 

MONROE COUNTY 

The Committee recommends no further sales of submerged 
land in the Keys except where justified by the "Sawtooth" 
policy until a more detailed study is made of this unique 
area. Sale lines now serve as bulkhead lines in the Keys 
since Monroe County is still excluded from the Bulkhead Act. 

Inclusion of Monroe County under the Bulkhead Act and 
possible royalties or reservations to the State from rock 
mining in submerged land sold are indicated as being in 
the best interest of the Trustees of the Internal Improvement 
Fund and the public. 



Special Meeting 
9-3-68 



- 52 - 



PALM BEACH COUNTY 

In December, 1967, the Area Planning Board of Palm 
Beach County wrote Governor Kirk and requested that action 
be deferred on any major projects affecting Lake Worth, 
such as the one proposed for Little Munyon Island. The 
Planning Board also asked that the Trustees of the Internal 
Improvement Fund not allow any Lake Worth developments 
until all background data could be reviewed and coordinated 
with a county-wide master plan and other projects under study. 

The area planners also stated that Lake Worth had 
suffered much physical disruption from dredge and fill 
projects and discharge of sewerage and canal water laden 
with muck and other substances. 

Recognizing that the shorelines and submerged lands 
around Munyon and Little Munyon Islands and vicinity re- 
present the last significant vestiges of natural aquatic 
habitats and open-water recreation areas in Lake Worth, 
the Committee recommends that the bulkhead lines in this 
vicinity be relocated to the line of mean high water. 
Narrow, elongated parcels of submerged land sold by the 
Trustees of the Internal Improvement Fund would be excluded 
as potential fill areas by such a bulkhead line relocation 
in the cove area southeasterly from Munyon Island along 
the eastern shoreline of Lake Worth. 

To encourage improvements in water quality and salt 
water recreation in southern Lake Worth, shoreward reloca- 
tions of bulkhead lines are recommended along both sides 
of Lake Worth from the southerly end of the Town of Palm 
Beach to Boynton Beach. 

It is also recommended that bulkhead lines throughout 
the Jupiter-Loxahatchee River area generally be relocated 
to or set at the line of mean high water. The Loxahatchee 
River is the last southeastern Florida river remaining 
largely in its natural state, particularly in its upper 
reaches through or along the Jonathan Dickinson State Park. 

PINELLAS COUNTY 

Because of many finger-fills, piecemeal bulkhead lines, 
and discontinuity in bulkhead line plats, Pinellas County 
has been the most difficult county for this Committee to 
review. 

Pinellas is the most densely populated county in Florida, 
Pressures for waterfront living have been great. Northern 
Boca Ciega Bay has become almost synonymous with dredging 
and filling. 

The Committee has recommended more than forty (40) 
relocations of bulkhead lines to the line of mean high water 
to preserve submerged land and open-water recreational areas. 
Major relocations of bulkhead lines shoreward have been 
recommended in the following areas: 

(1) Seaside Point, St. Josephs Sound 

(2) Honeymoon and Caladesi Islands and vicinity 

(3) Northern end of Sand Key, Clearwater Harbor 
(potential state park or recreational site 
because of gulf and bay frontage, undeveloped 
condition and large single ownership) 



Special Meeting 
9-3-68 



- 53 - 



(4) Cross Bayou (Seminole Area) 

(5) Long Bayou (Seminole Area) 

(6) Seminole Highway and railroad bridges area (just 
south of Long and Cross Bayou) 

(7) Bird Keys (inside Johns Pass) 

(8) Old Tampa Bay between Cross Bayou Canal and Courtney 
Campbell Causeway (shoreline north and south of 
Aliens Creek) 

(9) Zabel-Russel proposed fill, Town of South Pasadena, 
Boca Ciega Bay 

(10) Cove area at northern limits of Town of South Pasa- 
dena, Boca Ciega Bay 

(11) Tierra Verde development, Boca Ciega Bay 

(12) North shore beach area. City of St. Petersburg, 
Tampa Bay 

(13) Bayou Grande (Papys Bayou, Riviera Bay area) 

(14) Ross Island and vicinity, Tampa Bay 

Additionally the Committee recommends that a bulkhead 
line be located at the line of mean high water along the 
undeveloped shoreline of old Tampa Bay from Gandy Bridge to 
Howard Franklin (Interstate 4) Bridge to the Clearwater- 
St. Petersburg Airport, where Pinellas County in 1950 set 
a bulkhead line more than one mile offshore, taking in more 
than 3000 submerged acres. This ultra-liberal line has never 
been approved by the Trustees of the Internal Improvement Fund. 

LEE COUNTY 

Fresh waters from the Caloosahatchee River and the Peace 
and Myakka Rivers mix with salt water from the Gulf of Mexico 
in San Carlos Bay, Pine Island Sound, Matlacha Pass and Char- 
lotte Harbor to form one of the largest estuarine systems in 
Florida. The open waters of this estuarine system are 
surrounded by many miles of irregular mangrove islands and 
shorelines and carpeted by vast beds of seagrasses that 
combine to produce more food fish than any other county. 
Because of the miles and miles of natural waterfrontage and 
sub-tropical climate, Lee County has much potential for 
waterfront developments and developers. Bulkhead lines 
generally have been set or proposed piecemeal rather than 
comprehensively except where large single ownerships are 
involved, such as Little Pine Island, or in the City of Fort 
Myers to which most of the Caloosahatchee River bottoms was 
conveyed by the State of Florida in 1915. 

By a red line on the State Road Department County map 
the Committee has shown areas where bulkhead lines are re- 
commended for relocation to the line of mean high water. 
Also the Committee recommends that in those areas where 
bulkhead lines have not been established that the bulkhead 
lines be so established at the line of mean high water. This 
latter recommendation is not shown by red or other lines 
because of the extensive and tortuous lines that would have 
to be drawn and because the recommended relocations would 
not stand out. 

Major relocations of bulkhead lines to the line of mean 
high water are recommended for Little Pine Island, the islands 
along the causeway from Fort Myers Beach to Bonita Beach, along 
the northern shoreline of the Caloosahatchee River from Four 
Mile Cove to the Edison Bridge and then easterly past Marsh 
Point, the Orange River mouth. Tarpon Bay (Sanibel Island), 



Special Meeting 
9-3-68 

- 54 - 



Cabbage Key, and Chatwick Bayou (Captiva Island). 

A 10,000-acre offshore preserve was established by the 
Trustees of the Internal Improvement Fund in Estero Bay behind 
Fort Myers Beach in 1966. This action set a precedent which 
the Committee plans to follow in recommending additional aquatic 
areas for an expanded system of state-wide preserves independent 
of or associated with existing state parks. 

Scenic and productive aquatic areas in Pine Island Sound 
and Matlacha Pass will be recommended and described as aquatic 
preserves. 

Because of the large areas of red mangroves, determination 
of the location of the mean high water to separate private up- 
land from sovereignty land is nowhere more difficult or more 
important than in Lee County. 

This Committee has listed mean high water determina- 
tions as one of its major objectives for its forthcoming re- 
views and reports that hopefully will complement and encour- 
age the recently regrouped and reactivated Mean High Water 
Line Committee. 

Lee County offers an opportunity and a significant 
challenge to all those agencies and individuals interested 
in good comprehensive coastal planning, development, conser- 
vation and recreation. 

MANATEE COUNTY 

Bulkhead lines expediently set well offshore from the 
line of mean high water are recommended for relocation to 
the line of mean high water in comprehensive sections of 
shoreline on both sides of Sarasota Bay (including the Town 
of Longboat Key), Sarasota Pass, Palma Sola Bay and at and 
near the mouth of the Manatee River. Also relocation of bulk- 
head lines to the line of mean high water is recommended in 
Terra Ceia Bay and vicinity. 

It is recommended that any bulkhead line from U.S. 19 
northerly to Port Manatee be located at the line of mean high 
water along the meandering shoreline of Tampa Bay and Bishops 
Harbor. 

It is expected that urbanization and pressures for water- 
front development will grow in Manatee County as more heavily 
populated and developed Pinellas and Hillsborough Counties to 
the north on Tampa Bay reach a potentially maximum stage of 
waterfront development for residential, industrial, municipal 
and navigational purposes. Manatee County was one of the first 
counties to recognize a bulkhead line as a valuable and com- 
prehensive planning tool for waterfront development, but only 
after a number of expedient bulkhead lines had already been 
set well offshore. The Committee is now recommending that 
these expedient bulkhead lines be relocated to the line of 
mean high water. 

DUVAL COUNTY 

Committee review of existing bulkhead lines in Duval 
County found only limited areas where adjustments are recom- 
mended. Major segments of the shoreline have already been 



Special Meeting 
9-3-68 



- 55 - 



affected by port improvements, industrial developments and 
other urban activities. In only one case (easterly from 
Reddie Point, south shore of St. Johns River) did the 
Committee conclude that measureable conservation benefits 
would be obtained by relocating a significant segment of the 
existing bulkhead lines. At two other locations, the 
Committee recommends that short, isolated bulkhead lines be 
relocated to the mean high water line to avoid future develop- 
ment with potentially adverse effects. The Committee also 
recommends that any future bulkhead lines approved for 
Duval County be located at the line of mean high water. 

SARASOTA COUNTY 

Most of Sarasota County has a conservative bulkhead 
line set near or at the line of mean high water except in 
the Town of Longboat Key and on the western side of Lemon 
Bay along the Manasota Key shoreline where the bulkhead 
line was extended offshore to accept spoil from dredging 
the West Coast Intracoastal Waterway. 

The Committee recommends that the bulkhead line be re- 
located to the line of mean high water along the western 
shoreline of Sarasota Bay in the Town of Longboat Key. 
Hundreds of acres of shallow productive bay bottom would 
be excluded as potential fill areas by the recommended 
bulkhead line relocation. 

Not enough spoil was dredged and deposited to fill to 
the limits of the bulkhead line set offshore from the western 
shoreline of Lemon Bay along Manasota Key. The Committee re- 
commends that the bulkhead line be relocated to the line of 
mean high water now that the waterway has been dredged. 
Present spoil sites would thus be encompassed and unfilled 
areas would be preserved. 

Bulkhead lines within the City of Sarasota are mostly 
set or probably will be set at or near the line of mean 
high water. The Committee concurs with Sarasota's compre- 
hensive and conservative approach. 



The Trustees received the report for study. Governor Kirk 
expressed approval of the recommendations, stating that the 
philosophy as presented was a historic moment for Florida. The 
recorrjnendations would be submitted to the local governing bodies, 
in whom responsibility for action on bulkhead lines rested, if 
adopted by the Trustees. Mr. Adams said the counties could use 
it and the criteria set up by the Interagency Committee to make 
their decisions, and that while the Trustees couldn't change 
the bulkhead line they would be called upon to approve dredge 
and fill permits, and sales. 

Motion was made by Mr. Adams, seconded by Mr. Christian and 
adopted, that the report be received and be considered further 
at a meeting two weeks from this date at 9:00 A.M. 

A number of persons were present. In answer to a question from 
Representative J. R. Middlemas of Panama City, Mr. Hodges said 
that the basic recommendations were designed to apply to all 
coastal counties and the Committee was continuing its work and 



Special Meeting 
Sept 3, 1968 

- 56 - 



would have another report ready soon. Mr. F. D. R. Park, Water 
Control Engineer and Coastal Engineer for Dade County, discussed 
procedures of the county and the problem that ecological reports 
from the Board of Conservation didn't provide evaluations in 
terms they could use to weigh against benefits of waterfront 
improvements. He said notice of this hearing arrived late and 
he did not have the benefit of the report, which he criticized 
as to its effect on Dade County. 

Mr. Bill Lund, State President of the Florida Izaak Walton 
League and Colonel Waddell, U. S. Army Ret., both made short 
statements approving the report. 

With respect to the maps of coastal areas and bulkhead lines, 
Mr. Adams suggested that the Trustees be furnished information 
as to the expense involved in preparation of reference maps 
that would be correlated for better utilization. Mr. Hodges 
said he would confer with Mr. Rees Williams on the matter. 

MEAN HIGH WATER COMMITTEE - Mr. J. Kenneth Ballinger, in the 
absence of the chairman, reported to the Trustees on the work 
of the Mean High Water Committee which was created by the 
Trustees in 1964 for the purpose of developing criteria that 
could be utilized in determining the line of mean high water. 
The committee, now composed of Robert C. Parker as Chairman, 
W. Turner Wallis, E. E. Carter, Paul T. O'Hargan, Jon S. 
Beazley, Frank E. Maloney, Adrian S. Bacon, J. Kenneth Ballinger 
and William R. Kidd, in a meeting in Orlando on August 9, 1968, 
gave approval to conclusions which were to be finalized by 
one of the members and circulated to two others before sub- 
mitting them back to the main committee. At the request of 
the Trustees, this was accelerated, with a view to making a 
final report on criteria for locating mean high water lines 
separating private property from public. 

Mr. Ballinger said the study initially used Lee County as a 
base, that county being probably the one with the most mean 
high water problems in the state. He said we do not have, and 
that apparently very few other states have any real definitive 
explanation of how to arrive at the line of mean high water. He 
mentioned a current law suit before the Supreme Court with 
reference to the line of mean high water in Lee County, one of 
the Circuit Judges having determined that such line could not 
be determined for Little Pine Island and therefore, that the 
original meander line set in 1854 would be the boundary of 
private ownership - which the state was disputing. 

Mr. Beazley stated that the subject was extremely complex, there 
were no guidelines so the committee had to establish some which 
theory was now being tested by land surveyors of Collier County. 
They were faced with engineering or surveying criteria of an 
absolute elevation above a certain datum or position of the 
ocean at any one particular time, but wind, vegetation and many 
other criteria not engineering were involved. Mr. Ballinger 
added existing state laws would be studied and possibly new laws 
and a legal definition of mean high water would be required. 
More than 3,000 lineal miles are involved in the coastline. 

The Trustees requested a report from the Mean High Water Committee 
in two weeks with criteria in a form that could be acted on. 



TECHNICAL ADVISORY COMMITTEE ON FILL - Recommendations were 
presented from the Technical Advisory Committee on Fill, created 



Special Meeting 

Sept. 3, 1968 - 57 - 



by the Trustees on May 14, 1968, to recommend guidelines for 
establishing the value of fill material secured from state-owned 
lands. Effective June 4, 1968, the current policy was a charge 
of five cents per cubic yard minimum for fill material, except 
for governmental agencies, a policy made retroactive for pending 
applications. The committee, having met on July 19 and August 
14, 1968, submitted the following conclusions which form the 
basis for its recommendations: 

(1) Because of many variables, it would be most difficult, if 
not impossible, to prepare a detailed set of guidelines to 
be used on a blanket basis throughout the state in arriving 
at a fair price to be charged for fill material. 

(2) A minimum charge of ten cents per cubic yard for fill 
material would not be excessive nor would it be 
inconsistant with the value of land created. 

(3) Any effort to obtain appraisals for individual applications 
to arrive at the fair market value of fill material would 
meet with inconsistency of appraisal methods, ambiguity, 
and inequities. In the opinion of the committee, such a 
policy would not be in the best interest of the state. 

(4) Governmental entities whose activities are supported by 
public funds should be given fill material free of charge 
from state-owned lands, provided, however, that it can be 
shown that the project under application is, in fact, a bona 
fide and worthy public project. However, provision should 
be made to insure proper remuneration to the state for fill 
material obtained in such a manner if the property is sold 
later to private interests. 

(5) Applications for fill in relatively small quantities used 
for owner-user oriented sites should not require certifi- 
cation as to the quantity requested. However, applications 
for larger quantities, generally in excess of 10,000 cubic 
yards, should require professional verification of that 
quantity under application. All applications should be 
subject to final measurement by the Trustees if they deem 
it necessary or desirable. 

The Technical Advisory Committee on Fill submitted the following 
recommendations: 

(A) A minimum price of ten cents (10^) per cubic yard should be 
charged for fill material secured from state-owned lands. 

(B) The Trustees should review periodically the recommended 
rate given above to insure that it is in line with the pre- 
vailing values in and the general economy of the state. 

(C) Applications for fill material from governmental entities 
should be accompanied by recordable certification that the 
fill will be placed on public lands, and there should be 
no charge for the material. The certification should 
include a provision that would constitute a lien on said 
public lands in the amount of the value of the fill placed 
thereon in the event the land is disposed of to private 
interests. 

(D) All applications for fill in which the quantity requested 
exceeds 10,000 cubic yards should require certification by 
a Professional Engineer or Registered Land Surveyor, duly 



- 58 - 



Special Meeting 
Sept 3, 1968 



licensed in the State of Florida, as to the quantity of 
fill to be secured from the designated borrow area. All 
permits issued by the Trustees should state that the 
applicant grants the right to the Trustees or their agents 
to make any desired measurements of the material in place 
for verification of quantities. 

Mr. Richard Boutin of the State Road Department made the Fill 
Committee's report and answered questions of the members. He 
said they did research as to what other states were charging 
in the southeastern area, and the Governor asked for a study of 
other major states to be sure of getting adequate value. 



Mr. Christian thought it was a reasonable price and inasmuch as 
the price would be doubled, felt the recommendation was sound. 

On motion by Mr. Christian, seconded by the Treasurer and unani 
mously adopted, the Trustees accepted the final report of/-<he 
Fill Committee. 



On motion duly adopted, the spec 



ATTEST: 



* * * 




* * * 



Tallahassee, Florida 
September 3, 1968 



The Trustees of the Internal Improvement Fund held the regular 
meeting on this date in the Capitol in Senate Hearing Room 31, 
with the following members present: 



Claude R. Kirk, Jr. 
Tom Adams 

Fred 0. Dickinson, Jr. 
Broward Williams 
Floyd T. Christian 
Doyle Conner 



Governor 

Secretary of State 

Comptroller 

Treasurer 

Superintendent of Public Instruction 

Commissioner of Agriculture 



James T. Williams 



Staff Member 



On motion duly adopted, the Trustees approved the minutes of the 
meeting of August 20, 1968. 



VOLUSIA COUNTY - File No. 2145-64-253.12(6) Mr. Donald U. Sessions 
of Daytona Beach, Florida, on behalf of Lillian M. Leftwich, 
applied for conveyance, under the provisions of Section 253.12(6) 
Florida Statutes (1967), of a parcel of sovereignty land in the 



Sept. 3, 1968 



- 59 



Halifax River abutting uplands in Section 37, Township 15 South, 
Range 33 East, City of Holly Hill, Volusia County, containing 
0.17 acre filled subsequent to May 29, 1951, and prior to June 
11, 1957. The applicant offered the appraised value of $600.00 
per acre, or a total of $102.00 for the parcel, being the appraised 
value of the submerged land as it existed prior to filling. 

Motion was made by Mr. Adams, seconded by Mr. Christian, and 
adopted unanimously, that the Trustees authorize issuance of 
the instrument required by the statutes for the price offered 
by the applicant. 



VOLUSIA COUNTY - File No. 2147-64-253.12(6) Mr. David L. Black 
of Daytona Beach, Florida, on behalf of Vinal D. Cox, et ux, 
applied for conveyance, under the provisions of Section 253.12(6) 
Florida Statutes (1967), of a parcel of sovereignty land in the 
Halifax River in Section 14, Township 14 South, Range 32 East, 
in the City of Ormond Beach, Volusia County, containing 0.33 
acre filled subsequent to May 29, 1951, and prior to June 11, 
1957. The applicant offered the appraised value of $200.00 per 
acre, or a total of $66.00 for the parcel, being the appraised 
value of the submerged land as it existed prior to filling. 

Motion was made by Mr. Adams, seconded by Mr. Christian, and 
adopted unanimously, that the Trustees authorize issuance of the 
instrument required by the statutes for the price offered. 



ALACHUA COUNTY - Dedication, Chapter 253.03. The City of 
Gainesville requested dedication of a 1.48 acre parcel of land 
on the University of Florida campus for the extension of Southwest 
Sixth Street. The Board of Regents had no objection to the grant- 
ing of right of way easement, and Staff recommended approval. 

On motion by Mr. Williams, seconded by Mr. Adams, and adopted 
unanimously, the Trustees approved dedication of the 1.48 acre 
parcel of Alachua County land as right of way easement for the 
extension of the street by the City of Gainesville. 



DUVAL COUNTY - File No. 2139-16-253.03, Dedication. On July 16, 
1968, the Trustees approved a bulkhead line as established by the 
City Commission of the City of Jacksonville on the north shore 
of the Trout River, enclosing submerged land in a small cove 
fronting the Jacksonville Municipal Zoo, in Duval County. The 
City requested dedication of the submerged land within the bulk- 
head line for expansion of the Jacksonville Zoological Park and 
development of a marina. 

Subject to advertisement for objections only, the Trustees 
approved dedication of a parcel of submerged land in the Trout 
River abutting uplands in Section 45, Township 1 South, Range 27 
East, lying southerly of and abutting Lots K, L, M, N and un- 
numbered Lot lying westerly of Lot N, all in the subdivision of 
the Wilson and Fenwick Grants as recorded in Plat Book 1, Page 8 
of the Former Public Records of Duval County, Florida, containing 
6.0 acres, more or less. Notice of the proposed dedication was 
published in the Florida Times Union and no objections were 
received. 

The biological report from the Florida Board of Conservation 
showed no significant deleterious effects on conservation of 
marine life, habitats or fisheries from the proposed use of the 



Sept. 3, 1968 
- 60 - 



submerged land. 

The Staff recommended dedication for public park, recreation and 
municipal purposes. The City of Jacksonville agreed to reimburse 
the Trustees for the cost of advertising. 

On motion by Mr. Adams, seconded by Mr. Williams, and adopted 
unanimously, the Trustees approved dedication of the advertised 
parcel of submerged land for public park, recreation and municipal 
purposes, to the City of Jacksonville. 



PALM BEACH COUNTY - Easement, Section 253.03. The City of Belle 
Glade requested an easement 6 feet wide over and across property 
in Sections 19, 20 and 29, Township 43 South, Range 37 East, Palm 
Beach County, title to which is in the Trustees of the Internal 
Improvement Fund. The land was being used by the Glades Correc- 
tional Institution, for which a larger water main was required 
than that presently in use. The Board of Commissioners of State 
Institutions on June 4, 1968, entered into an agreement with the 
City of Belle Glade for installation of a 12-inch water main to 
serve the Institution. 

Motion was made by Mr. Williams, seconded by Mr. Dickinson and 
adopted unanimously, that the Trustees grant the requested easement 
to the City of Belle Glade. 



SARASOTA COUNTY - Dredge Permit, Section 253.123. Cable-Vue of 
Sarasota, represented by Mosby Engineering Associates, Inc., 
applied for permit to install a submarine television cable at the 
south end of Blackburn Bay in Section 35, Township 38 South, 
Range 18 East ,, Sarasota County. 

The Florida Board of Conservation biologist reported that the 
installation should have no adverse effects on marine life, 
habitats or fisheries. 

Motion was made by Mr. Adams, seconded by Mr. Christian and 
adopted unanimously, that the dredge permit be approved. 



LAKE COUNTY - Dredge Permit, Section 253.03. Dale G. Beebe of 
Clermont, Florida, applied for after-the-fact permit to remove 200 
cubic yards of sand from Lake Minnehaha in Section 1, Township 23 
South, Range 25 East, Lake County. Applicant tendered his check 
for $50.00 as penalty payment for the requested after-the-fact 
permit. 

The Florida Game and Fresh Water Fish Commission reported that 
the work had been completed and was satisfactory, except that the 
borrow area was too close to shore. 

Action on this application was postponed in meeting of June 4, 
1968, pending consideration of amending the Trustees' policy to 
provide a penalty for issuance of after-the-fact permits. After 
consideration and advice by the Attorney General, the Trustees on 
July 23, 1968, adopted a policy requiring the penalty of 
increased charges of lOfi per cubic yard, and minimum charge of 
$50.00. 

The applicant having complied with requirement of the penalty 
payment, the Staff recommended approval of the permit. 



Sept. 3, 1968 

- 61 - 



On motion by Mr. Williams, adopted without objection, the Trustees 
authorized issuance of after-the-fact permit to the applicant. 



DADE COUNTY - Dock Permit, Section 253.03. Ray L. Allen's 
Runaway Bay Club, represented by Lawrence I. Hollander, Attorney, 
of Miami, Florida, made application for permission to construct 
docking facilities for tenants of the motel and club members, on 
the north side of Treasure Island in Biscayne Bay in Section 9, 
Township 53 South, Range 42 East, Dade County. All required 
exhibits, including $100.00 processing fee, were submitted, and 
Staff recommended approval. 

On motion by Mr. Adams, seconded by Mr. Dickinson, and adopted 
without objection, the Trustees authorized issuance of state 
commercial dock permit. 



LEE COUNTY - Dock Permit, Section 253.03. Tringali Packing 
Corporation, represented by Carl E. Johnson, Inc., of Fort Myers, 
Florida, applied for permit to construct two finger docks in 
Matanzas Pass in Section 19, Township 46 South, Range 24 East, 
Lee County. All required exhibits, including $100.00 processing 
fee, were submitted, and the Staff recommended approval. 

On motion by Mr. Adams, seconded by Mr. Dickinson and adopted 
without objection, the Trustees authorized issuance of state 
commercial dock permit. 



TRUSTEES ' FUNDS - On motion by Mr. Dickinson, seconded by Mr. 
Adams and adopted unanimously, the Trustees authorized the State 
Board of Administration to reinvest the amount of $1,067,000.00 
(par value) now invested in short-term United States Treasury 
bills maturing on September 5, 1968, in like securities. 



REFUND - On motion by Mr. Adams, seconded by Mr. Christian and 
adopted unanimously, the Trustees authorized refund in the amount 
of $50.00 to the Chase Groves, Inc., being the amount of over- 
payment of the West Orange Water Conservation Association's share 
of matching funds in the cooperative agreement between local 
sponsors, the Trustees of the Internal Improvement Fund and the 
United States Geological Survey in the program of continuing 
investigation of water resources. 



SUBJECTS UNDER CHAPTER 18296 

MURPHY ACT REPORT - On motion by Mr. Dickinson, seconded by Mr. 
Adams and adopted unanimously, the Trustees approved Report No. 
938 listing County of Monroe Deed No. 469-Corrective to Silver 
Springs Ocala Company, issued in lieu of deed to Silver Springs 
Ocala Co. Inc. , to correct the name of the grantee in the 
original deed dated November 4, 1943. 



REFUND - On motion by Mr. Adams, seconded by Mr. Christian and 
adopted unanimously, the Trustees authorized refund in the amount 
of $10.00 to Shackleford, Farrior, Stallings and Evans for the 
reason that the State Road Department declined to recommend 
release of the state road right of way reservation contained in 
Hillsborough County Murphy Act Deed No. 2601. 



Sept. 3,. 1968 
- 62 - 



On motion duly adopted, the meeti 



ATTEST 





Tallahassee, Florida 
September 10, 1968 



The Trustees of the Internal Improvement Fund held the regular 
meeting on this date in the Captiol in Senate Hearing Room 31, 
with the following members present: 



Claude R. Kirk, Jr. 

Tom Adams 

Earl Faircloth 

Fred 0. Dickinson, Jr. 

Broward Williams 

Doyle Conner 

James T. Williams 



Governor 

Secretary of State 

Attorney General 

Comptroller 

Treasurer 

Commissioner of Agriculture 



Staff Member 



On motion duly adopted, the Trustees approved the minutes of 
the regular meeting of September 3, 1968. 



MONROE COUNTY - File No. 2111-44-253.12. The Trustees' Staff 
recommended confirmation of sale of a 0.72 acre parcel of sub- 
merged land in the Straits of Florida in Section 28, Township 63 
South, Range 37 East, Upper Matecumbe Key, bexng a parcel of 
submerged land fronting Tract 25 of Russell Estate as recorded in 
Plat Book 2 at Page 15 of the Public Records of Monroe County 
containing 0.72 acre, more or less, for which the abutting upland 
owner, J. Morgan Jones Publications, Inc., made application to 
purchase. 

On April 30, 1968, the application was presented for authority 
to advertise for objections only. Action was postponed for the 
reason that only four members were present on that date, and a 
current appraisal was requested. On July 23, 1968, the Trustees 
authorized advertisement for objections only on the basis of an 
appraisal of $600.00 for the parcel reported by Alan G Schmitt 
on July 6 1968. Notice of sale was published in the Key West 
Citizen, proof of publication filed, and no objection was 
received. 

The Florida Board of Conservation biologist reported on October 
19. 1967. that sale of the submerged land would not be adverse 
to' conservation of marine resources. 

Mr. Adams commented that the application was received and 



considered prior to the moratorium. 



He made a motion, seconded 



9-10-68 



- 63 - 



by Mr. Faircloth and by Mr. Conner, that the Trustees confirm 
sale of the advertised parcel to the abutting upland owner at 
$600.00 for the parcel. 



MARTIN COUNTY - Temporary Spoil Area No. 2315. In meeting December 
19, 1967, the Trustees granted to the United States of America 
a temporary spoil area in the St. Lucie Inlet in Section 17, 
Township 38 South, Range 42 East, covering an area of 12.2 acres 
for the disposition of spoil from the maintenance dredging of 
the inlet, in such a manner that would build up the eroded 
beaches on Jupiter Island. That easement would terminate December 
29, 1968. The District Engineer, Department of the Army, 
Jacksonville, Florida, on behalf of the United States, requested 
(1) that the use of said temporary easement be extended to 
January 1, 1970, and (2) that an additional area of 13.4 acres 
lying southerly of and abutting the original parcel be included 
in the temporary easement. 

The Board of Conservation biologist reported that the two 
areas were on sandy, unvegetated bottoms and the utilization 
thereof as spoil areas would have little, if any, effect on 
marine resources. Also, the Division of Beaches and Shores of 
the Board of Conservation approved the area and the method to 
be used in beach nourishment. Staff recommended approval of the 
two requests. 

On motion by Mr. Conner, seconded by Mr. Dickinson and adopted 
unanimously, the Trustees authorized extension of the temporary 
easement to January 1, 1970, and inclusion of the additional 
13.4 acres. 



TRUSTEES POLICY - Fill Material Rates . On September 3, 1968, the 
Trustees approved recommendations of the Technical Advisory 
Committee on Fill, including the following: 

"A minimum charge of ten cents (lO/f) per cubic yard 
should be charged for fill material secured from 
state-owned lands." 

Also, "Applications for fill from governmental entities 
should be accompanied by recordable certification that 
the fill will be placed on public lands, and there should 
be no charge for the material. The certification should 
include a provision that would constitute a lien on said 
public lands in the amount of the value of the fill placed 
thereon in the event the land is disposed of to private 
interests. " 

In view of the change in policy, a modification of existing 
Rule 200-2.071 was in order. Authority was requested to exer- 
cise the emergency provisions of Chapter 120, Florida Statutes, 
thereby allowing the amended rule to become effective immediately 
for all permits to be approved by the Trustees. 

After-the-Fact Permits . On July 23, 1968, the Trustees amended 
Rule No. 200-3.06 to impose a penalty on illegal fills involving 
fresh water lakes where after-the-fact dredge permits were 
considered, and authorized a minimum of 10/d per cubic yard and 
a minimum total fee of $50.00, in lieu of the 5f6 per cubic yard 
and $25.00 minimum which was then the regular charge. 

In view of the change in policy making a minimum charge of ten 



9-10-68 
- 64 - 



cents (10)tf) per cubic yard for fill material secured from state- 
owned lands, a modification of the existing policy for after- 
the-fact dredge permits was in order. Authority was requested 
to amend the rule and exercise the emergency provisions of 
Chapter 120, Florida Statutes, thereby making effective immediately 
an increased penalty charge of a minimum of twenty cents (20/tf) 
per cubic yard and a minimum total fee of $100.00 for after- 
the-fact dredge permits involving fresh water lakes, thereby 
charging double the amount required for authorized dredged 
material as previously suggested by the office of Attorney 
General. 

On motion made by Mr. Faircloth, seconded by Mr. Adams and 
adopted unanimously, the Trustees approved the changes as pro- 
posed for fill material rates under the emergency provisions of 
Chapter 120, thereby making effective immediately for regular 
applications a minimum charge of ten cents (lOfi) per cubic yard 
with the provisions as quoted above for governmental entities, 
and increasing immediately the penalty charge for after-the- 
fact applications to a minimum of twenty cents (20/) per cubic 
yard and a minimum total fee of $100.00 for after-the-fact 
dredge permits involving fresh water lakes. The motion as adopted 
further included a provision that all applications which were now 
pending would be at the old rate and all applications that come 
in from this day forward would require payment at the new rate. 



TRUSTEES POLICY - Dock Permits . Due to increasing congestion 
adjacent to the Intracoastal Waterway along the east coast of 
Florida (from Fernandina to Miami), along the west coast of 
Florida (from the Caloosahatchee River to the Anclote River) , 
and the Okeechobee Waterway (from near Stuart to Punta Rassa) , 
the Department of the Army has adopted navigation clearance 
criteria within the Jacksonville District with respect to the 
placement of structures adjacent to those waterways, as follows: 

Structures may not be placed within 100 feet of the adjacent 
bottom edge of the project channel except where the distance 
between the bottom edge of the project channel and the 
normal high-water shoreline is less than 100 feet. Where 
the distance is less than 100 feet all parts of a structure 
shall be landward of a line parallel to and coinciding 
with the shoreline. Permits authorizing the location of 
structures of less than 100 feet shoreward from the 
adjacent bottom edge of the project channel shall contain 
the following condition, in addition to those of the 
standard permit: 

"Vessels shall not be berthed at the structure in such 
a manner that any part of a vessel will extend channel- 
ward of a line 25 feet landward of the adjacent bottom 
edge of the channel." 

On motion by Mr. Adams, seconded by Mr. Conner and passed 
unanimously, the Trustees adopted the above policy with respect 
to issuance of permits for structures adjacent to the above- 
named waterways. 



HIGHLANDS COUNTY - Dredge Permit, Section 253.03. The Board of 
County Commissioners of Highlands County applied for permit to 
dredge a channel between Little Lake Jackson and Big Lake Jackson 
in Section 31, Township 34 South, Range 29 East, to provide boat 



9-10-68 



65 - 



access between the two lakes in Highlands County. Florida Game 
and Fresh Water Fish Commission reported favorably on the project, 
subject to certain standard stipulations as to dredging. 

Motion was made by Mr. Adams, seconded by Mr. Faircloth and 
adopted unanimously, that the dredge permit be approved. 



MARION COUNTY - Dredge Permit, Section 253.03. Mr. George J. 
Albright, Sr. , of Orlando, Florida, applied for permit to 
remove 100 cubic yards of fill material from Lake George in 
Section 13, Township 14 South, Range 26 East, Marion County, 
to use for improvement of his upland property. Florida Game 
and Fresh Water Fish Commission reported favorably on the work, 
subject to standard stipulations as to dredging. 

Motion was made by Mr. Williams, seconded by Mr. Adams and 
adopted unanimously, that the permit be issued for the minimum 
charge of $25.00. 



DUVAL COUNTY - File No. 2139-16-253.124, Fill Permit. The Staff 
recommended approval of the fill permit issued by the City of 
Jacksonville, Florida, on August 26, 1968, to said City of 
Jacksonville under the provisions of Section 253.124 Florida 
Statutes, to fill the parcel of submerged land in the Trout 
River abutting city upland property in Section 45, Township 1 
South, Range 27 East, dedicated to the city for expansion of 
the Jacksonville Zoological Park by the Trustees on September 
3, 1968, under the above file number. 

A copy of the biological report from the Board of Conservation 
biologist showed no significant deleterious effects on conser- 
vation of marine life, and all material used in the filling 
operation would be hauled in from borrow areas on upland. 

Motion was made by Mr. Adams, seconded by Mr. Williams and 
adopted unanimously, that the Trustees approve the fill pern\it. 



DUVAL. MARION. PINELLAS COUNTIES - Dock Permits, Section 253.03. 

1. Hans G. Tanzler, Jr., Chairman of the City Commission, 

on behalf of the City of Jacksonville, applied for permit 
for a dock adjacent to the zoo property in the Trout River 
in Section 44, Township 1 South, Range 27 East, Duval 
County. 

All required exhibits were submitted and waiver of the 
§100 processing fee was requested for the public facility. 

2. Florida Salt Springs Corporation, represented by Moorhead 
Engineering Company of Ocala, Florida, applied for permit 
for a dock in Lake Warner in the Hernandez Grant in Section 
42, Township 13 South, Range 26 East, Marion County. 

All required exhibits and $100 processing fee were submitted. 

3. Rayhan, Inc., represented by Moorhead Engineering 
Company of Ocala, Florida, applied for permit for a 
dock in Lake Ker in Section 21, Township 13 South, Range 
25 East, Marion County. 

All required exhibits and $100 processing fee were submitted. 



9-10-68 
- 66 - 



4. Albatross Motel, Clearwater, Florida, was issued a permit 
by the Pinellas County Water and Navigation Control 
Authority for a dock in Clearwater Harbor in Section 8, 
Township 29 South, Range 15 East, Pinellas County. 

All required exhibits and $100 fee were submitted for 
state commercial dock permit. 

5. Jenard M. Gross, St. Petersburg, Florida, was issued a 
permit by the Pinellas County Water and Navigation Control 
Authority for a dock in Smacks Bayou in Section 9, Township 
31 South, Range 17 East, Pinellas County. 

All required exhibits and $100 fee were submitted for 
state commercial dock permit. 

6. Sea Island Apartments Condominium 1 Assn., Clearwater, 
Florida, was issued a permit by the Pinellas County Water 
and Navigation Control Authority for a dock in Clearwater 
Harbor in Section 8, Tovnship 29 South, Range 15 East, 
Pinellas County. 

All required exhibits and $100 fee were submitted for 
state commercial dock permit. 

7. Richard R. Taylor, Treasure Island, Florida, was issued a 
permit by Pinellas County Water and Navigation Control 
Authority for a dock in Boca Ciega Bay in Section 23, 
Township 31 South, Range 15 East, Pinellas County. 

All required exhibits and $100 fee were submitted for 
state commercial dock permit. 

On motion by Mr. Williams, seconded by Mr. Adams and adopted 
without objection, the Trustees authorized issuance of state 
commercial dock permits to each of the seven above applicants, 
each for $100 processing fee except in the case of the public 
dock facility for the City of Jacksonville for which the fee was 
waived. 



PUTNAM COUNTY - On September 3, 1968, the Outdoor Recreational 
Development Council authorized reconveyance of title to the 12.49 
acre parcel of land in Putnam County which had been donated by 
Mrs. Floye J. Mathaisen on December 24, 1964, which could not 
be utilized for outdoor recreational purposes. Staff recommended 
reconveyance of title to the grantor by appropriate instrument. 

On motion by Mr. Williams, seconded by Mr. Adams and adopted 
unanimously, the Trustees authorized issuance of appropriate 
instrument, prepared by the Attorney General, reconveying the 
parcel of land to Mrs. Mathaisen, the grantor. 



LEE COUNTY - Lease. Florida Audubon Society, holder of Wildlife 
Refuge Lease No. 1288 expiring on September 23, 1968, requested 
renewal for an additional ten (10) years at $1.00 per year. 
The lease covered an island in Matlacha Pass known as Bird Island, 
reported to be heavily used by wading birds and one of the most 
productive bird islands on the west coast. The lease provided 
for cancellation by the Trustees after 30-day written notice. 

On motion by Mr. Williams, seconded by Mr. Adams and adopted 



9-10-68 

- 67 - 



unanimously, the Trustees authorized renewal of the Wildlife 
Refuge Lease for ten (10) years on the same terms and conditions. 



MONROE COUNTY - Lease. Florida Audubon Society, holder of 
Wildlife Refuge Lease No. 1202-S expiring on September 18, 1968, 
requested renewal for an additional ten (10) years at $1.00 per 
year. The lease covered Snipe and Content Keys containing 105 
total acres in Monroe County, which the Society advised was a 
nesting place for white herons and white-crowned pigeons. It 
provided for cancellation by the Trustees after 30-day written 
notice. 

On motion by Mr. Williams, adopted unanimously, the Trustees 
authorized renewal of the Wildlife Refuge Lease for ten (10) 
years on the same terms and conditions. 



PALM BEACH COUNTY - The Board of Regents requested the Trustees 
to enter into an agreement with the Perini Land and Development 
Co. which would allow Perini to remove fill from a borrow pit in 
the NE^ of Section 6, Township 43 South, Range 43 East, Palm 
Beach County, on land which was donated to the state by Perini 
for the purpose of filling and grading the remainder of the land. 
All fill removed from the borrow pit would be placed only on the 
remainder of the property to raise the land level for future use 
by the Board of Regents. There will be no cost to the state and 
the Staff recommended approval, subject to approval by the 
Attorney General of the instrument. 

On motion by Mr. Adams, seconded by Mr. Dickinson and adopted 
unanimously, the Trustees granted the request of the Board of 
Regents subject to the approval of the Attorney General of the 
agreement instrument. 



PINELLAS COUNTY - Beach Nourishment, Mean High Water Line. 
On September 27, 1966, the Trustees granted permission for the 
City of Treasure Island project of beach nourishment extending 
along the existing shoreline of the Gulf of Mexico within the 
corporate limits of the city for a linear distance of approxi- 
mately 1.7 miles along the beach. 

Pinellas County Department of Public Works and Engineering, by 
actual field survey, located and established the line of mean 
high water for that portion of the shoreline of the Gulf of 
Mexico in the City of Treasure Island involved in the beach 
nourishment project. 

The plats of survey of the line of mean high water were sub- 
mitted with the request that they be approved by the Trustees. 
The line, when approved and recorded, would be the seaward 
boundary of private ownership and could be used in the prepara- 
tion of easements covering the beach restoration area seaward 
of said line. 

The Division of Beaches and Shores of the Florida Board of Con- 
servation had reviewed the matter and recommended appropriate 
action be taken. 

Staff recommended approval by the Trustees of the line of mean 
high water as delineated on the plats of survey submitted by 
the Pinellas County Department of Public Works and Engineering, 



9-10-68 

- 68 - 



the wording of such approval which will appear on said plats to 
be prepared by the office of the Attorney General in conformity 
with the present responsibilities and authorizations granted 
by Statute. 

On motion by Mr. Adams, seconded by Mr. Faircloth and adopted 
unanimously, the Trustees approved the recommendations of the 
Staff as shown above. 



PASCO COUNTY - In 1959 the Trustees sold property in Pasco County 
to Howard A. Burkland in four separate contracts for sale. At 
the same time, an agreement was made by the Trustees and Burkland 
for Burkland to do certain things with the property, generally 
these: (1) Burkland would dredge, fill and develop and after 
development, convey to Pasco County approximately 30 acres of 
land for a public beach; (2) after development, he would also 
convey approximately 30 acres of land to the City of New Port 
Richey for a public beach; and (3) the developer would convey 
a 50-acre tract of upland to the Board of Public Instruction 
of Pasco County. Other items were specified, such as dedication 
of roads, streets and the like; but these were not material to 
the lawsuit mentioned below. 

The contracts were assigned, as permitted by the Trustees, and 
financial arrangements were made. The Marine Bank & Trust 
Company became involved as mortgagee in the first suit and the 
mortgage became in default. Following financial negotiations, 
all of which failed, suit was filed by the Trustees, the city, 
the county and the School Board to force compliance with the 
agreement. 

Subsequently, a suit was filed by Benjamin Berkovitz against the 
Marine Bank and others, including the Trustees, to require fore- 
closure of another mortgage. Many hearings were held before 
Judge Kelly in Dade City and finally, after much negotiation, a 
settlement was agreed to by all attorneys, subject to ratification 
by their principles. The Trustees, of course, have no substantial 
interest in the property now, having been paid for it, but were 
involved in order to see that the city and county and School Board 
were protected under the terms of the Trustees' agreement. The 
settlement agreement provided for conveyance by the parties to 
the extent that the School Board was now satisfied, Pasco County 
and the City of New Port Richey were satisfied, if development 
aspects were permitted to continue. 

A bulkhead line had long been established. Certain fill had 
already been done. The county will agree to recognize bulkhead 
lines and to issue fill permits. The Trustees were asked also 
to recognize and confirm the bulkhead line and to ratify or 
confirm such fill permits as the county would issue during the 
period of time necessary to completely develop the property 
in accordance with the original agreement, which opposing 
counsel estimated to be 20 years. 

Only because of the basic interests of the county and city 
in 30 acres each of public beach and because of the School 
Board's interest in a 50-acre school site, did Mr. T, T. Turnbull, 
Assistant Attorney General and Chief Trial Counsel, representing 
the Trustees, recommend that the Trustees obligate themselves 
to ratify and confirm the bulkhead line and to honor the fill 
permits that would be issued by the county. However, the area 
involved was rocky and not subject to dredging. After approving 



9-10-68 

- 69 - 



the stipulation, the Chairman of the Board would be asked to 
sign the original stipulation to be filed in the Court. 

Mr. Faircloth said he thought it was the best arrangenwnt the 
state could get under the circumstances, and he made a motion 
for approval. Upon second by Mr. Williams, the motion was 
adopted unanimously. 



TRUSTEES FUNDS - Capitol Center Property. It had been brought 
to the attention of the Staff that the present owners of the 
Dorian Building had expressed a willingness to sell that property 
for an amount which was ten per cent above the appraised value 
of $220,190.21 set by the state appraiser in April 1967, and 
copy of the appraisal was furnished to each member. 

Mr. Williams said he had been in favor of the purchase for years 
and would like for the Trustees to enter into negotiations to 
buy the property which would provide good office space. 

Mr. Adams said that purchase of the Dorian Building had been 
under consideration for some time and only recently had it 
appeared that the state would be able to negotiate with heirs 
of the former owner on the basis of the appraisal. He said 
there was no doubt but that the building could be utilized 
immediately, that the Superintendent of Public Instruction 
needed office space near the Capitol. 

Mr. Dickinson said if it could be acquired at a price in the 
area under consideration and with reasonable expenditure put in 
condition, it would be a wise investment. 



Governor Kirk said as a matter of philosophy he would vote 
against purchase of any old building downtown. 

On motion by Mr. Adams, seconded b 
with the Governor casting a neg 
authorized negotiations to proc 



On motion duly adopted, the 



ATTEST: 




* 4c * 



* * * 



* * * 



Tallahassee, Florida 
September 17, 1968 



The Trustees of the Internal Improvement Fund held a special 
meeting at 9:00 A.M. on this date in the House Chamber in the 
Capitol, with the following members present: 



Special Meeting 
9-17-68 



- 70 - 



Tom Adams Secretary of State, Acting Chairman 

Earl Faircloth Attorney General 

Fred O. Dickinson, Jr. Comptroller 

Floyd T. Christian Superintendent of Public Instruction 

Doyle Conner Commissioner of Agriculture 



This special meeting was scheduled for the purpose of hearing 
a report from the Mean High Water Committee and allowing a 
hearing on Report No. 1 of the Interagency Advisory Committee 
on Submerged Land Management which had been presented to the 
Board in a special meeting on September 3, 1968. 
MEAN HIGH WATER COMMITTEE ; 

Mr. Adams pointed out that there was much misunderstanding among 
public officials and concerned private citizens as to the reason 
for the hearing and seeking to resolve the problem of defining 
the mean high water line - that point where public ownership and 
private ownership meet. He called on Mr. J. Kenneth Ballinger, 
Assistant Attorney General and a member of the Mean High Water 
Committee, who discussed the report and recommendations which, as 
had been presented to the Trustees under date of September 5, 
1968, were as follows: 

Separation of the public and private ownership of sovereignty 
lands by the establishment and recognition of the line of 
mean high water has been studied by the above-named 
committee since its appointment by the Trustees and first 
meeting June 11, 1964. 

Boundaries determined by the course of the tides involve 
two engineering aspects: a vertical one, predicated on 
the height reached by the tides during its vertical rise 
and fall, and constituting a tidal plane or datum; and a 
horizontal one, related to the line where the tidal plane 
intersects the shore to form the tidal boundary. 

On the basis of the interim findings of a special coopera- 
tive study along the shores of Lee County by the state and 
the U. S. Coast and Geodetic Survey, and of subsequent 
conferences by the committee, the committee respectfully 
recommends: 

1. The establishment of tidal bench mar<s along the 
perimeter of the nine South Florida counties first, 

and the remainder of the state following, to supplement 
those already in place, and immediate preparation of 
instructions to all registered land surveyors and 
engineers for the interpolating between elevations 
of existing tide stations in like waters, this work 
to be undertaken in cooperation with the U, S. Coast 
and Geodetic Survey. Commitment of $250,000 in 
state funds for this purpose. 

2. Publication of a permanent uniform set of standards 
for the use of professional land surveyors and 
engineers in determining methods of establishing 
mean high water, to be adopted and promulgated by 
the Trustees of the Internal Improvement Fund, 
Authority of the Trustees to pay for printing and 
distribution of approved standards. 

3. Authorization by the Trustees for the committee to 
meet with the director of the Data Processing Manage- 
ment Board to determine possible use of state-owned 



Special Meeting 
9-17-68 

- 71 - 



computer equipment in processing data in county-by- 
county determination of the mean high water line. 

4. Authorization for the staff of the Trustees to procure 
aerial photographs covering the seaward perimeter of 
the nine critical counties for photogrammetric 
interpretation of mean high water data. Estimated 
2,000 miles at $10 per mile, or $20,000. This 
photography would serve as an interim medium of 
information for ground truth verification until a 
complete demarcation of the MHW line data could be 
established by or in cooperation with the U. S. Coast 
and Geodetic Survey. The time and cost for such a 
project is not available at this time. 

5. That existing state laws be studied and amendments 
proposed to make it possible for the Trustees to 
accept lines of mean high water as established by 
criteria detailed above, and to suggest a legal 

, definition of mean high water. Preparation by the 
Attorney General. 

Mr. Fred Vidzes of the Trustees' Staff, by sketching on a black- 
board, further explained what was proposed. With the determina- 
tion of the height, the range of tides, and elevation for the 
mean high tide line by suitable tidal bench marks posted at 
various stations around the state and coastal areas, a surveyor 
or engineer could pick up those stations and locate the point of 
intersection of the foreshore or the beach - or in the mangrove 
or somewhere along the coastal area that is affected by tides. 

Mr. Ballinger said the committee was unanimous in approval of 
the above report with the exception of Mr. Adrian S. Bacon who 
had some reservations. Mr. Bacon mentioned legal problems 
arising from determination of the mean high water line, and 
said his only reservation was the cost which might approach 
two or three million dollars ultimately, but that he thought 
the approach was sound. 

Mr. Adams on behalf of the Trustees thanked the Committee for 
the information and report long needed. He suggested it be 
received and referred to an appropriate subcommittee of the 
Cabinet. 

Mr. Faircloth pointed out the relationship between the mean 
high water report and setting of bulkhead lines. In the discus- 
sion which followed it was agreed that it would not be possible 
for some time to determine mean high water lines for large areas 
but that in some isolated places, with careful engineering and 
review by the Trustees on the basis of knowledge of that area, 
such as the portion of the gulf shoreline in the City of 
Treasure Island approved by the Trustees last week, it would 
be possible to proceed. 

Motion was made by Mr. Faircloth, seconded by Mr. Christian and 
adopted unanimously, that the report of the Mean High Water 
Committee be received and referred to an appropriate subcommittee 
of the Cabinet to be evaluated and a recommendation be made 
to the Trustees as soon as possible. Mr. Adams said that there 
being no subcommittee for the Trustees of the Internal Improvement 
Fund, the report was referred to the subcommittee for the Board 
of Conservation. 



Special Meeting 
9-17-68 



- 72 - 



INTERAGENCY ADVISORY COMMITTEE ON SUBMERGED LAND MANAGEMENT ; 

Mr. Adams recognized the large number of interested parties 
present for the hearing, particularly interested in the position 
or action of the Trustees. The Trustees in declaring a mora- 
torium on sales, dredging and filling of state land had felt it 
was time to take stock in as nearly an objective way as possible; 
and they began with conservation considerations. Mr. Adams said 
it was not the intent, originally or now, to act on the Committee 
report, either pro or con, but to have the Committee evaluate 
as best they could based on ecological and other considerations, 
and to recommend those things to be done to obtain the optimum 
from a conservation standpoint; however, obviously, there were 
other considerations in a growing state to meet the economic 
demands of the present and future. 

Mr. Adams pointed out that the Trustees had no authority other 
than that vested by law, and the law does not place in them the 
responsibility of establishing bulkhead lines or modifying 
bulkhead lines, which responsibility is in the appropriate local 
body, a city or county commission. Also, some areas, namely 
Monroe County, are not subject to the present bulkhead law. 

The Trustees felt a great interest, however, and a need to estab- 
lish some point of reference from which bulkhead lines may be 
established, and concurred in the following motion read by Mr. 
Adams : 

Ever since the Interagency Committee released its bulkhead 
line report several weeks ago, there has been a great deal 
of public confusion and misunderstanding as to what it 
does and does not do. Therefore, before this Board adopts 
any policy based on this study, I think it is essential 
that we clarify the intent and meaning of that report: 

1. The growth of Florida in all its aspects dictates that 
we constantly re-evaluate state policies and procedures 
as they relate to the development of our State. 

2. Over the years there has been obvious and improper 
encroachment of public areas of Florida where open 
spaces in both land and water are essential to the 
health and welfare of our people. In the process, the 
best interests of conservation of our natural resources, 
not to mention the people, have been damaged. 

3. It is the desire of this Board to establish, insofar 
as possible, a uniform policy on the setting of 
bulkhead lines for the entire perimeter of the State. 
For this purpose, this Board created the Interagency 
Committee to consider all conservation aspects of 
dredging, filling and the sale of public lands. 

4. This Board recognizes that there are other factors in 
addition to conservation which must be considered in 
establishing bulkhead lines. 

5. This Board also recognizes that under Chapter 253.122 
Florida Statutes, it can neither set nor modify county 
or municipal bulkhead lines but possesses authority only 
to approve or disapprove lines proposed by these local 
bodies of government. 

With these facts in mind, I, therefore, move that the Trustees 
of the Internal Improvement Fund adopt the following policy 



Special Meeting 

9-17-68 - 73 - 



on establishing bulkhead lines in Florida: 

1. That the mean hiqh water line be the point of reference 
from which all bialkhead lines be established henceforth. 

2. That in establishing new bulkhead lines or in modifying 
existing lines, other factors in addition to the mean 
high water line should be considered to insure the 
maximum benefits and public good of such lines: 

a. Previous fills in the area 

b. The regularity or irregularity of the adjacent 
shoreline 

c. The economic needs of the area 

d. The state of development of the area 

e. Biological factors 

f. Use for public purposes 

3. That each case will be determined on its own merits and 
that our overriding guideline will be to seek a bulkhead 
line that provides for the maximum public benefit and use 
in light of all the factors considered. 

Mr. Faircloth made a motion that the Trustees immediately remove 
the moratorium on consideration of applications for sale of sub- 
merged lands and all other matters insofar as the moratorium 
affects the nine counties listed in report number one of the 
Committee. 

Mr. Christian seconded the motion to add to the motion the amend- 
ment as stated by Mr. Faircloth, and upon vote it was unanimously 
adopted as number "4". 

Action was not taken on the complete motion, which was stated at 
this time to assist in clarifying the thinking and the position 
of many of those present at the hearing. At this time, those who 
wished to submit a written statement for the record were asked to 
do so, or to file them later. 

Statements for the record were received from the following: 

Lee County Conservation Association, Inc., Fort Myers, 
Florida, William H. Meller, Chairman of Legal Committee, 
and Roland Q. Roberts, Vice President 

Reid W. Digges, President, The Izaak Walton League of 
America, Northeast Chapter 

Martin County Resources Development Board, Chairman 
Resources Board Maclaren (Telegram) 

Stephen P. Clark, Mayor, Miami, Florida (Telegram) 

Lower Keys Chamber of Commerce, Marathon, Florida (Telegram) 

Edgar H. Latham, President, Town Council, Town of Palm Beach, 
Florida 

George L. Patterson of Scott, McCarthy, Steel, Hector & Davis, 
Miami, Florida, for Florida Power & Light Company 

William C. Cunningham, Chairman, Board of County Commissioners, 
County of Sarasota, Sarasota, Florida 



Special Meeting 
9-17-68 



- 74 - 



Jack C. Betz, Mayor, City of Sarasota, Sarasota, Florida 

Vincent M. Drost, Cud joe Gardens, Sugar Loaf Shores, Key 
West, Florida 

Douglas Rees, Developments and Investments, Sarasota, Florida 

Maurice W. Provost, Director, Florida State Board of Health, 
Entomological Research Center, Vero Beach 

Bob Bair, Audubon Society of the Everglades, Palm Beach, 
Florida 

Objections of Tierra Verde to Proposed Change in Bulkhead 
Line, by Harrison, Greene, Mann, Davenport, Rowe & Stanton. 
By Billy L. Rowe, of firm of attorneys for Murchison 
Brothers, Dallas, Texas 

The following speakers were heard by the Trustees. 

Mayor Gerald Saunders of Key West, Chairman of Board of 
County Commissioners and Howard M. Post, County Engineer, 
of Monroe County, were in favor of the motion and also 
spoke against any possible inclusion of Monroe County 
under provisions of Bulkhead Act. 

J. Lewis Hall of Tallahassee, Florida, approved the 
motion and holding Report No. 1 for guidance and 
information. 

Robert T. Bair of Palm Beach, for the Audubon Society 
of the Everglades, Florida Wildlife Federation and 
Federated Conservation Council of Palm Beach County, said 
he liked the motion but opposed lifting the moratorium. 

Representative J. R. Middlemas spoke against the proposed 
motion and thought the Interagency report should be adopted. 
Mr. Christian and Mr. Adams questioned him, pointing out 
that the Trustees do not set the bulkhead lines, that in some 
areas people had purchased land in good faith and paid taxes 
on it. Mr. Middlemas felt that the principles of the 
Interagency Committee report should be followed when 
considering dredge and fill permits, and that compensation 
be made to those purchasers. The law provided for 
ratification by the Trustees, representing the State's 
interest in bulkhead lines. 

Dewey Dye was for the motion, but suggested the addition 
of "private property rights." 

Lonnie Wurn was in favor of the motion. 

Adrian S. Bacon was in favor of the motion which he said was 
an implemention of the law; pointed out that private property 
owners are part of the public. 

Walter P. Fuller was for the motion and will submit 
written comments. 

Joe Jacobs said the Trustees followed the statutes and 
complied with criteria of the Randell Act, but that Monroe 
County was different and the mean high water line would not 
be the proper reference point in that county. 



Special Meeting 
9-17-68 



William H. Meller for Lee County Conservation Association 
was against the motion and setting aside of the moratorium. 

Billy L. Rowe said that he and Ross Stanton of St. Peters- 
burg had filed written objections to the Interagency report; 
were in favor of the motion and the recognizing of private 
property rights. 

Edward N. Claughton, Jr. of Miami was for the motion; 
questioned policy on previously sold or deeded lands. 

Joe Browder for the National Audubon Society said the 
motion almost repudiated the work of the Committee and 
he was against withdrawal of the moratorium which might 
remove the local incentive to follow the leadership 
provided heretofore. 

Robert P. Murkshe, Mayor of Cocoa Beach, speaking in 
favor of the proposed motion, appreciated the statement 
that the Trustees had great confidence in local governments, 
felt that the Randell Act was excellent vehicle to handle 
each case on its merits, and urged the Board to pursue 
the mean high tide line with great diligence. 

Dean Tooker for Martin County was in favor of the motion, 
and also suggested change in the law to solve an impasse' 
that developed when the local authority wanted one 
bulkhead line and the Trustees another. 

Nathaniel P. Reed, speaking for himself, thought that 
the motion did not follow the philosophy of the conser- 
vation-minded Committee report, and that removing the 
moratorium would lead counties and cities to feel no need 
to re-examine their bulkhead lines, but he said it might 
be a matter of his interpretation. 

Mr. Adams recalled that the Governor initially called for a 
90-day moratorium, others for a sufficient time to develop 
recommendations, and other members felt that since it would 
take a year or two to cover the entire state it would not be 
proper to subject the whole state to a moratorium for that 
duration. Mr. Faircloth said the moratorium was predicated 
on sufficient time to get a report, and that city or county 
commissioners should understand that the policy of the Trustees 
under point number one of the motion was that the mean high 
water line was the point of reference and if they placed a 
bulkhead line seaward of that, they must have a very good reason. 

Merrett R. Stierheim, City Manager of Clearwater, was 
present because of a planned major change in bulkhead lines 
for downtown Clearwater. 

Lawrence Clark said his points were already covered. 

Mr. Hutcheon said the Town of Palm Beach had submitted 
a formal response to the Interagency Committee Report 
asking that it be only one of several guidelines. 

Sam Gibbon of Town of Longboat Key appreciated the action 
on the mean high water matter; hoped there was no softening 
of the conservation aspects of the Randell Act. 

George R. Frost, for the Board of County Commissioners of 
Palm Beach County, was for the motion, had been concerned 



Special Meeting 
9-17-68 
- 76 - 



lest there be further erosion of local prerogatives. 
He pointed out that he had heard nothing to give the 
Board of County Commissioners timing guidelines in 
which to act. Mr. Adams said that the procedure to 
establish mean high water lines would be such a guide. 

Phillip A. "Bill" Lund, for the State Division of Izaak 
Walton League, was against the motion and lifting of the 
moratorium, and mentioned confusion regarding bulkhead lines 
previously set, lands already sold. 

Mr. Adams said under the law property rights must be recognized, 
and he looked upon what was done today as similar to the appli- 
cation of the zoning law - that the Board cannot interpret the 
law in purely a convenient manner. He thought this action 
would strengthen the Randell Act while at the same time protect- 
ing both private and public property rights. The Interagency 
Committee would continue to work on their other objectives. 
Report No. 1 covering only "A" and "B". 

Evans Crary, Jr., for certain private owners, spoke in 
approval of the spirit of the motion and urged addition 
of a statement concerning private property rights. 

Dr. Walter A. Glooschenko, Assistant Professor of Ocean- 
ography at Florida State University, speaking as a private 
citizen, said lands should not be sold for development 
of big interests, that bulkhead construction should be 
landward of mean high water, and ecological consideration 
would allow no fills beyond mean high water. 

William M. Partington of Florida Audubon Society approved 
the mean high water line as guideline, opposed lifting the 
moratorium before counties have re-evaluated. He said 
the counties should get the message that the Cabinet 
believes in the basic philosophy of preserving the shore- 
lines at the mean high water mark, and that for any 
deviation the counties or municipalities should show 
why it was in the public interest. He pointed out that 
recreation, fish and wildlife have economic value, also. 

Mai Englander, Councilman of Miami Beach, asked the 
Board not to follow the recommendation in the report as 
to the 200 acres of submerged land south of Julia Tuttle 
Causeway which the State sold to the city in 1944 and, 
now that access has been attained, is planned for a 
recreational facility. 

On September 3, 1968, Governor Kirk had given Mr. Adams his 
proxy to vote for approval of the Interagency Committee report, 
which is set out in these minutes at this point for the reason 
that on this date there was no vote taken on the report. 

In closing the hearing, Mr. Adams asked for expressions from 
the members. Mr. Conner had previously pointed out that main- 
taining private property rights became a matter of integrity. 
Mr. Dickinson reaffirmed the determination of the Trustees not 
to let up in their zeal to continue the thrust for development 
and for preservation of conservation areas, reaffirmed their 
belief in local government, and pointed out that all done in 
the past was not bad or anti-conservation. Mr. Dickinson added 
that they would continue to be very cautious in disposing of 
state land and now have a new base mark, the mean high water 



Special Meeting 

9-17-68 

- 77 - 



line reference point, so that all would know where they stand. 

Mr. Faircloth proposed as a second amendment to the motion that 
"g. Private property rights" be added, which was seconded by 
Mr. Christian and upon vote adopted unanimously. 

On the entire motion (including the two amendments) , Mr. 
Christian moved that the motion as amended be approved. Mr. 
Faircloth seconded the motion, which was unanimously approved. 



On motion duly adopted, t}ie-H»e^ing was adjourned 



ATTEST 




* * * 



Tallahassee, Florida 
September 17, 1968 



The Trustees of the Internal Improvement Fund held the regular 
meeting on this date in the Capitol in Senate Hearing Room 31, 
with the following members present: 



Tom Adams 

Earl Faircloth 

Fred O. Dickinson, Jr. 

Floyd T. Christian 

Doyle Conner 



Secretary of State 

Attorney General 

Comptroller 

Superintendent of Public Instruction 

Commissioner of Agriculture 



James T. Williams 



Staff Member 



On motion duly adopted, the Trustees approved the minutes of 
the special meeting of September 3 and the regular meeting 
of September 10, 1968. 



Representative M. T. Randell of Fort Myers, Florida, reported 
with reference to dredging in Lake Okeechobee and a joint meeting 
of the Legislative Committee on Leases of State Oil and Mineral 
Lands and the Legislative Council's Subcommittee on Fresh Water 
Management, held in Clewiston, Florida, on September 16. This 
meeting and public hearing was on the subject of proposed 
exercise of lease option by Coastal Petroleum Company, (Coastal 
Engineering Company) to mine limestone in Lake Okeechobee. 

Mr. Randell presented the following resolution from the committees: 

RESOLUTION 

WHEREAS preservation of Florida's fresh water resources 
is of primary importance to every segment of this state's 
population; and 



9-17-68 



- 78 - 



WHEREAS, the misuse or mismanagement of any major 
portion of Florida's fresh water resources may have severe 
consequences upon the economy and health of all the people 
of this state; and 

WHEREAS, major policies and decisions which have a 
prospective effect upon the proper management of fresh 
water resources should not be made in the absence of compre- 
hensive legislative study; and 

WHEREAS, the work proposed to be undertaken in Lake 
Okeechobee by the Coastal Petroleum Company is an example 
of an activity which has a prospective effect upon a major 
basis of the state's fresh water resources; Now, Therefore 
be it 

RESOLVED, by the joint action of rhe Interim Committee 
on Leases of State Oil and Mineral Lands and the Legislative 
Council's Subcommittee on Fresh Water Management, that the 
Cabinet of Florida sitting in its capacity as the Trustees 
of the Internal Improvement Trust Fund and also in its 
capacity as the Board of Conservation is requested to refuse 
permission to Coastal Petroleum Company to undertake its 
planned work in Lake Okeechobee, until the legislative 
committees currently studying state oil and mineral leases 
and fresh water management are able to complete their 
surveys and report to the regular session of the Florida 
Legislature in April 1969. 

As a courier, Mr. Randell also presented a resolution opposing 
removal of limestone from Lake Okeechobee adopted by the Water 
Users Association of the State of Florida, Inc., in their 
regular meeting at West Palm Beach on August 28, 1968. 

Mr. Adams said the Trustees welcomed the resolutions, that they 
were developing a program of building up water reservoirs, and 
the Attorney General was defending the state's position. Mr. 
Faircloth also expressed appreciation for the support from 
the legislative committees and others concerned with the fresh 
water supply in Florida. 

On motion unanimously adopted, the Trustees received the two 
resolutions, copies of which were filed. 



PALM BEACH COUNTY - Dredge Permit, Section 253.123. The Palm 
Beach Cable Television Company of North Palm Beach, Florida, 
applied for a permit for installation of a community television 
cable in Lake Worth in Section 27, Township 42 South, Range 43 
East, Palm Beach County. 

The biological report of the Board of Conservation indicated no 
significant adverse effects on marine life, fisheries or habitats. 

On motion by Mr. Dickinson, seconded and adopted without objection, 
the Trustees authorized issuance of the permit. 



SARASOTA COUNTY - Dredge Permit, Section 253.123. Florida Power 
and Light Company of Sarasota, Florida, applied for permit for 
installation of a submarine cable crossing Sarasota Bay in Section 
33, Township 37 South, Range 18 East, Sarasota County. 



9-17-68 



- 79 - 



The Staff requested waiver of the biological study as provided 
in Section 253. 123 (3) (a) , Florida Statutes. 

On motion by Mr. Conner, seconded and adopted without objection, 
the Trustees approved issuance of the permit without requiring 
the study, for the cable crossing. 



MARTIN COUNTY - Dean Development Company of Stuart, Florida, 
applied for a permit to construct a dock in the St. Lucie River 
in Section 3, Township 38 South, Range 41 East, Martin County. 
All required exhibits including the $100.00 processing fee 
were submitted and Staff recommended approval. 

On motion by Mr. Christian, seconded and adopted without objec- 
tion, the Trustees authorized issuance of state commercial dock 
permit to the applicant. 



SHELL LEASES - The Trustees accepted as information for the record 
the following report of remittances received by the Florida Board 
of Conservation from holders of shell leases: 

Lease No. Name of Company Amount 

1718 Radcliff Materials, Inc. $11,724.88 

1718 Radcliff Materials, Inc. 11,175.51 

2233 Bay Dredging & Construction Co. 5,001.64 

1788 Benton & Company 8,240.08 

2235 Ft. Myers Shell & Dredging Co. 519.75 

2235 Ft. Myers Shell & Dredging Co. 606.60 



DUVAL COUNTY - It was recommended that the Trustees lease to the 
Bureau of Law Enforcement the former Highway Patrol Station on 
U. S. Highway No. 90, west of Jacksonville, in Section 21, Town- 
ship 2 South, Range 25 East, Duval County, which was declared 
surplus by the Department of Public Safety on September 3, 1968. 
The Bureau agreed to assume complete maintenance of the property 
and building, allowing the Highway Patrol continued use of the 
radio tower and transmitter building. 

Motion was made by Mr. Faircloth, seconded and adopted without 
objection, that the Trustees authorize the lease to the Bureau of 
Law Enforcement. 



HENDRY COUNTY - Central and Southern Florida Flood Control 
District requested issuance of perpetual spoil area easement 
containing 4 acres within the abandoned portion of Caloosahatchee 
River in Section 5, Township 43 South, Range 29 East, Hendry 
County. 

In view of the public nature of the project, the Staff recommended 
waiver of the biological report from the Game and Fresh Water 
Fish Commission and approval of the request. 

Motion was made by Mr. Dickinson, seconded and adopted without 
objection, that the Trustees authorize issuance of the perpetual 
easement requested by Central and Southern Florida Flood Control 
District. 



TRUSTEES FUNDS - By letter of September 11, 1968, from the office 

9-17-68 
- 80 - 



of Honorable Floyd T. Christian, Superintendent of Public 
Instruction, and attached resolution titled "A Resolution by 
the State Board of Education, Trustees of the Internal Improve- 
ment Fund, and Board of Trustees of South Florida Junior College", 
the Trustees were requested to approve a loan of $251,000.00 
without interest to implement the construction cost of facilities 
for the South Florida Junior College in Avon Park, Highlands 
County, That amount represented additional funds needed above 
the lowest construction bid in order to retain matching federal 
and local funds. Said resolution was approved on this date in 
meeting of the State Board of Education. 

Motion was made by Mr. Christian, seconded by Mr. Faircloth and 
adopted unanimously, that the Trustees authorize a loan from 
Internal Improvement Funds in the amount of $251,000.00, without 
interest, to the State Board of Education for the purpose as 
set out in the resolution to aid construction of South Florida 
Junior College at Avon Park. 



TRUSTEES OFFICE - On September 3, 1968, the Secretary of State 
suggested that the matter of reference maps be considered with 
a view toward correlation for better utilization. On this date 
he asked Director Randolph Hodges of the Board of Conservation 
for a report on what would be required to get the records in 
order for the future. 

Mr. Hodges stated that he had conferred with Mr. Rees Williams 
of the Trustees' Staff and was advised that with the new position 
granted by the Budget Commission on July 9 and the reactivation 
of one other position, they would be in a better position to take 
care of the matter. 

However, Mr. Adams asked for more definite information as to when 
the program would be fruitful, and Mr. James Williams said a 
further report would be made to the Trustees. 



SUBJECTS UNDER CHAPTER 18296 

INDIAN RIVER COUNTY - Attorney John H. Sutherland on behalf of 
Donald D. Gold, William R. White and E. J. Vann, Jr., requested 
waiver of the usual regulations as to size limitation for the 
release of oil and mineral rights reserved in Indian River County 
Murphy Act Deed No. 528 dated July 16, 1945, for a 9^5 acre, more 
or less, parcel of land in the NE^ of NE^ of Section 1, Township 
33 South, Range 39 East, Indian River County, to be used as a site 
for a medical center building and parking area. Under statutory 
provisions, the whole area might not be considered a building site, 
but the Staff felt that for a consideration of $200.00, the State 
of Florida would be compensated for the oil and mineral interest. 

Motion was made by Mr. Christian, seconded and adopted without 
objection, that the Trustees authorize release of the oil and 
mineral rights upon receipt of payment in the amount of $200.00. 



On motion duly adopted, the meeting was adjourned 




9-17-68 

- 81 - 



ATTEST: 




Tallahassee, Florida 
September 24, 1968 



The Trustees of the Internal Improvement Fund met on this date 
in Senate Hearing Room 31 in the Capitol, with the following 
members present: 



Claude R. Kirk, Jr. 



Governor 



Tom Adams Secretary of State 

Earl Faircloth Attorney General 

Fred 0. Dickinson, Jr. Comptroller 

Broward Williams Treasurer 

Floyd T. Christian Superintendent of Public Instruction 

Doyle Conner Commissioner of Agriculture 



Robert C. Parker 



Director 



On motion by Mr. Conner, duly adopted, the minutes of the special 
hearing and regular meeting on September 17, 1968, were approved. 



Consideration was given to the action taken last week at the 
special meeting on the report of the Interagency Advisory 
Committee on Submerged Land Management. Mr. Conner said 
there was confusion, many did not understand what the law was, 
that the Trustees did not set bulkhead lines, that it was not 
necessary to get a permit for certain work at the mean high 
water line, on upland property, which might be covered by local 
zoning regulations. 

Mr. Conner expressed the opinion that while the Legislature 
was reviewing the law and until the Interagency Committee 
made its recommendations relating to the mean high water line, 
no sales of submerged land should be placed on the agenda 
except those of an emergency nature or for public use. He 
thought a professional determination would be forthcoming in 
the near future and the board would receive information to 
clarify the course to be followed. Mr. Conner further said 
that the Director should withhold any item dealing with 
submerged land not of an emergency or public nature. 

Mr. Adams pointed out that the mean high water line matter 
was of great importance, was a part of the Trustees' resolution 
of May 21, 1968, calling for evaluation and review and asking 
the staffs of the several agencies to do certain things during 
a moratorium period. He said the language in the new constitu- 
tion and in the philosophy adopted by the Trustees last week 
meant that the mean high water was to be the guide line. 
Any proposal to go beyond must have a very good reason and 
represent responsible development of our shoreline. Mr. Adams 
thought the best way to bring about an evaluation by the 
counties was to lift the moratorium and by actions rather than 
by words, require adequate justification. If the Staff felt 
it best to keep items off the agenda that would be fine. 



9-24-68 



- 82 - 



Mr. Faircloth agreed that was intended by the action last week, 
that it was a philosphy of shoreline use by which the Trustees 
and the local authorities would be guided in setting bulkhead 
lines. However, in view of apparent confusion over what was 
intended by that language, he proposed a motion to clarify it 
and also pointed out that the Trustees already have administra- 
tive rules which encompass much of what was done last Tuesday. 

Mr. Faircloth moved that the motion adopted by the Trustees in 
special meeting on Tuesday, September 17, 1968, relating to the 
Trustees' policy in establishing bulkhead lines in Florida, be 
rescinded, and that the following be adopted as the policy of 
the Trustees of the Internal Improvement Fund: 

(1) That the Trustees approve and adopt basic recommendation 
number 1 of the Interagency Committee Report on Submerged 
Land Management, to wit, (1) Bulkhead lines should be 
located at the mean high water line except where the 
locations of lines farther offshore can be fully justified 
as being in the public interest. 

(2) That this statement of Trustees' philosophy and the entire 
report of the Interagency Advisory Committee be trans- 
mitted to all county commissions, municipal officials 

and other local public bodies having initial authority 
in this regard, with the recommendation that these bodies 
use this report and the criteria set forth in the 
Trustees' printed administrative rule number 200-2.02 
"Bulkhead Line Criteria", as amended by the Trustees on 
May 7, 1968, as guides in reviewing existing bulkhead 
lines and establishing new bulkhead lines within their 
jurisdictions; and 

(3) That the moratorium on consideration of applications for 
bulkhead line changes, land sales and dredge permits 

be lifted only after each county, municipal or other 
local authority has reviewed its existing bulkhead lines 
in the light of these recommendations by the Trustees 
and the Interagency Advisory Committee and has submitted 
any proposed bulkhead line modifications under the lawful 
procedure provided in Chapter 253.122, Florida Statutes 
(the Randell-Thomas Act). 

Governor Kirk said he liked the motion which was in keeping 
with what the Trustees did on May 14, 1968. 

Mr. Adams said he would like to second the motion as to only 
the number (2) portion, that the Trustees knew what was intended 
last week and could apply it and did not need to change the 
language, Mr. Christian said he thought last week's action said 
the same thing and he agreed with Mr. Adams. 

Mr. Christian made an amended motion that (1) and (3) be stricken 
from Mr. Faircloth' s proposed motion and the Trustees adept (2). 
Mr. Adams seconded this amended motion. 

Mr. Christian, explaining his motion, said that the Trustees 
would act on each individual case by the motion and in the 
philosophy of last week, and he saw no reason to change the 
decision to lift the moratorium. Mr. Conner added that because 
of the confusion surrounding the subject, items would be withheld 
from the agenda or denied until the Legislative Committee reviewed 
current law and makes its recommendations and until the Inter- 



9-24-68 

- 83 



agency Committee makes its judgment on the subject of the mean 
high water line, and makes some recommendations as to the 
relation of the mean high water line to conservation. 

The Governor asked if it would be a stated or an implied moratorium. 
Mr. Christian said there would be some items which could be 
presented and considered, and Mr. Dickinson pointed out that 
the moratorium had affected only 9 counties. Mr. Dickinson 
also said that the Interagency Committee recommended establish- 
ment of bulkhead lines when the Trustees have no authority to 
set lines, only to recommend a guideline. Governor Kirk said 
the Interagency Committee recommended a philosophy, to set the 
bulkhead lines at the mean high water mark. Mr. Faircloth said 
he thought the first part of his motion clarified the philosophy. 

Governor Kirk expressed approval of the first part of the 
motion proposed by Mr. Faircloth, but other members said that 
was already covered by the action the Trustees took last week. 

The motion to amend the Attorney General's motion by striking 
the first and third parts was adopted on the following vote: 

Aye - Mr. Conner, Mr. Adams, Mr. Williams, Mr. 
Christian and Mr. Dickinson. 

No - Mr. Faircloth and Governor Kirk. 

The second amendment proposed by Mr. Christian, that the Trustees 
adopt the second part of the Attorney General's motion, as 
follows, with the addition of "adopted September 17, 1968": 

(2) That this statement of Trustees' philosophy 

adopted September 17, 1968, and the entire report 
of the Interagency Advisory Committee be 
transmitted to all county commissions, municipal 
officials and other local public bodies having 
initial authority in this regard, with the 
recommendation that these bodies use this report 
and the criteria set forth in the Trustees' 
printed administrative rule number 200-2.02 
"Bulkhead Line Criteria", as amended by the 
Trustees on May 7, 1968, as guides in reviewing 
existing bulkhead lines and establishing new 
bulkhead lines within their jurisdictions, 

was seconded by Secretary of State Tom Adams. 

Mr. Faircloth said it was not as complete as he would like, but 
he intended to vote for the amendment. 

Mr. V^illiams said his position was that of a conservationist, 
that he would vote for the amended motion, but that he was against 
selling land or doing much of anything until the Legislature had 
studied this problem and gave us the proper law they intended for 
the Trustees to operate under to do the people's business. He 
said he would vote for emergency cases when it was in the public 
interest. He cautioned against any proposal to take people's 
property on which they had paid taxes for which the Trustees have 
no authority. He would call that to the attention of the Legisla- 
tive committee and ask for authority to act properly. He asked 
the Staff to be sure that all items were screened very carefully. 

Mr. Christian spoke at length, explaining his position. He said 



9-24-68 



- 84 - 



there were obviously two sides, and from the point of view of the 
conservationists Florida had been too generous in the past with 
her natural resources with which he might be inclined to agree; but 
that he would disagree with the conservationists who felt that none 
of the shorelines, rivers, or other water areas should be dredged 
or filled. On the other side, he said, were those who felt that 
the conservationists were the largest, most militant and most 
uncompromising lobby in Florida, that bulkhead lines should be 
set by local authorities without being forced to follow policies 
at the state level, that the sta'te should not violate contracts 
honestly entered into years ago for the sale of submerged lands, 
some of which were mud flats which had been improved by filling. 
He believed the Cabinet's action of September 17 served in the best 
interests of preserving natural resources and providing reasonable 
restrictions that can be used to protect the growth and prosperity 
of all Florida. 

The Chairman called for a vote on the amended motion to adopt number 
(2), which was approved on a vote of six to one, with Governor Kirk 
voting "No" . 

Mr. Adams pointed out that there were already certain bulkhead 
lines which had been approved by the Interagency Committee, and 
that a moratorium would stop consideration even in those approved 
areas. 

Mr. Faircloth noted that the first moratorium nearly two years ago 
was adopted to allow the Legislature to review the matter, and that 
they passed the Randell-Thomas Act which the Trustees' administra- 
tive rules tried to implement. 

Mr. Dickinson mentioned the language in the proposed new constitution 
regarding the title to lands under navigable waters which have not 
been alienated, including beaches below mean high water lines, 
held by the state by virtue of its sovereignty. He said the Trustees 
welcomed the Legislature looking at this matter again and offered 
complete cooperation. 



Attorney General Earl Faircloth offered the following resolution: 

A RESOLUTION RELATING TO STATE SOVEREIGNTY (PUBLICLY- 
OWNED) LANDS (NO PRIVATE PROPERTY OWNERSHIP RIGHTS INVOLVED) 

WHEREAS, the Trustees of the Internal Improvement Fund did on 
May 14, 1968, direct the Interagency Advisory Committee to "give 
top priority to identifying and designating certain coastal 
aquatic areas which, for biological or aesthetic reasons should 
not be sold under any circumstances, no matter what the momen- 
tary economic gain might be"; and 

WHEREAS, the Trustees, on motion by the Attorney General, 
adopted without objection the proposal of the Secretary of 
State that the following five described areas become "permanent 
moratorium areas" or inviolate aquatic preserves if so recom- 
mended by the Interagency Advisory Committee: 

1. Apalachicola Bay (Franklin and Gulf Counties) including 
all its arms and tributaries. This is one of the 
nation's richest seafood producing areas, and 90% of 
Florida's commercial oysters are harvested here. 

2. Boca Ciega Bay (Pinellas County). Only one undisturbed 
area is left unspoiled of this once beautiful bay. It 
is bounded on the west by Tierra Verde and the Bayway, 

9-24-68 

- 85 - 



on the north by Main Channel, on the east by Sunshine 
Skyway Channel, and on the south by Bunces Pass Channel. 

3. Turtle Bay, Bull Bay, Gasparilla Sound, Cape Haze Area 
(Charlotte and Lee Counties). Preservation of the submerged 
land and numerous islands in this area would establish a 
good buffer between any future development to the north 

and the open waters of lower Charlotte Harbor. It is an 
area rich in marine life and a bird sanctuary. 

4. Featherbed Bank in Lower Biscayne Bay (Dade and Monroe 
Counties). This shallow, grassy area harbors a rich and 
varied complex of marine life and supports a very popular 
sport fishery. It is recognized as perhaps the most 
productive region of lower Biscayne Bay. 

5. Banana River (Brevard County) . There is great pressure 
from commercial interests to fill in portions of this river 
and much damage already has been done. Therefore, all 
submerged land not conveyed or committed to development 
should be set aside as a preserve. 

WHEREAS, the Trustees sometime ago established the sound 
precedent of setting aside as inviolate state preserves such aquatic 
areas as Estero Bay and dedications of other areas as aquatic 
preserves; and 

WHEREAS, both public agencies and representatives of free enter- 
prise, sports and commercial fishing, as well as the professional 
staffs of the Board of Conservation, the Florida Game and Fresh 
Water Fish Commission, the U. S. Fish and Wildlife Service and 
others have recommended additional aquatic preserves which will be 
necessary to sustain sport and commercial fishing and adequate 
conservation and recreation for increasing millions of new Florida 
residents and visitors; 

NOW, THEREFORE, BE IT RESOLVED THAT: 

(1) All state sovereignty lands in the following twelve 
described areas be and hereby are added to the five areas identified 
and designated on May 14, 1968, the entire seventeen areas to be 
dedicated as inviolate aquatic preserves of the State of Florida: 

1. Indian River from Malabar to Sebastian, Brevard County 

2. Mosquito Lagoon in connection with proposed National 
Seashore, Brevard and Volusia Counties 

3. Indian River from Vero Beach to Fort Pierce, St. Lucie 
and Indian River Counties 

4. Loxahatchee River and Hobe Sound from Jupiter Inlet to 
St. Lucie Inlet, Martin County 

5. Mangrove Islands and adjacent submerged land on east side 
of Intracoastal Waterway at southern end of Jupiter, 
Palm Beach County 

6. Nassau Sound, Duval and Nassau Counties 

7. Matlacha Pass and Pine Island Sound, Lee County 

8. Yellow River Marshes, Santa Rosa County 

9. Cape Romano, Gullivan Bay, Ten Thousand Islands, Collier 
County 

10. St. Martins Islands, Citrus County 

11. St. Joseph Bay, Gulf County 

12. Tomoka Marsh, Volusia County 

(2) That the Interagency Advisory Committee, in continuing 
its county-by-county survey as directed by the Trustees, identify 



9-24-68 
- 86 - 



and submit to the Trustees additional areas, both of salt water and 
fresh water, which should be considered for establishment of 
additional state aquatic preserves; 

(3) That when the tidal benchmarks for the delineation of the 
line of mean high water have been established, the Interagency 
Advisory Committee is directed to determine and present for formal 
action by the Trustees the precise metes and bounds of the above 
and all other state aquatic preserves which shall be protected 
from sale, dredging or filling, or other disturbances of these 
irreplaceable natural resources which belong to all the people of 
Florida. 



Before adoption of the twelve additional areas as inviolate aquatic 
preserves, Mr, Christian asked for time to review their locations. 
Mr. Adams said that the first five areas suggested on May 14 and 
referred to the Interagency Advisory Committee had not been reported 
on yet, and suggested that the above twelve additional areas be sub- 
mitted to that Committee, also. 

Director Randolph Hodges of the Board of Conservation, Chairman of 
the Interagency Advisory Committee, said the Committee had practi- 
cally completed a review of the bulkhead lines in all the remaining 
coastal counties and would soon submit a report, after which they 
would turn their attention to the aquatic preserves. 

Mr. Christian made a motion that the Attorney General's resolution 
be referred to the Interagency Committee for study and report back 
to the Trustees. Mr. Williams seconded the motion, which was 
unanimously adopted. 



Director Robert Parker said that the agenda items were prepared 
last week in the light of the Trustees' action of September 17, 
since it was the Staff's understanding that those things reviewed 
and approved by the Interagency Advisory Committee were in order to 
be processed. Mr. Adams suggested that the Trustees proceed as 
matters were listed on the agenda. 

BREVARD COUNTY - Bulkhead Line, Section 253.122. Presented for 
approval was a bulkhead line established by resolution of the Board 
of County Commissioners of Brevard County on May 29, 1968, located 
offshore from two islands in Newfound Harbor in Sections 25 and 36, 
Township 24 South, Range 36 East, and in Sections 30 and 31, Township 
24 South, Range 37 East, Brevard County (known as Kiwanis Island). 
The line encompassed areas dedicated to the county by the Trustees in 
1960 and 1962. 

The Florida Board of Conservation biological report was followed in 
establishing the bulkhead line, which was recommended for approval 
by the Interagency Advisory Committee on Submerged Land Management 
interim report. 

All required exhibits were submitted. At the local level there 
was an objection from Mr. F. W. Mohme, president of East Merritt 
Island Homeowners Association, Inc. , unless the county would provide 
a minimum 100- foot channel between the two islands. 

Mr. Adams asked how the line related to the mean high water, and 
the Director said it was close to shore, that the islands were more 



9-24-68 

- 87 - 



or less mangrove islands and the mean high water was difficult 
to assess. 

At Mr. Adams' request, action on the bulkhead line was held in 
abeyance for one week. 



S ARASOTA COUNTY - File No. 2019-58-253.12. Presented for considera- 
tion of confirmation of sale was the application by McClain & 
Turbiville on behalf of Per A. 0. Scheutz and wife to purchase a 
0.93 acre parcel of sovereignty land in Sarasota Bay in Section 24, 
Township 36 South, Range 17 East, in the City of Sarasota landward 
of the established bulkhead line. The biological report was not 
adverse and the application, placed on the agenda at the request of 
a member of the Board, was considered on August 13 and authorized 
to be advertised for objections only. 

The applicant had advised that he would accept deed to the area 
subject to a drainage easement diagonally across the parcel in 
favor of the State Road Department. The appraisal was $18,000.00 
per acre, based on a reduction estimated by the appraiser, R. E. 
Lowrey, Jr., M.A.I., because of the drainage easement. By memoran- 
dum of September 6 to Honorable Floyd T. Christian, copy to other 
Trustees, the Staff furnished information concerning the application 
and the appraised price. 

Objections to the sale were filed by Wood Thompson Developments, 
Inc., Mrs. H. E. Mathisen and Mrs. Jeannie McElmurray, citing 
opposition to sale of sovereignty land to private owners, depriving 
the public of use of the land, and questioning the price. The 
parcel was riparian to applicant's upland property. Formerly 
right of way, the State Road Department had quitclaimed the parcel 
back to the Trustees since it was not needed. 

Mr. Adams and Mr. Christian were not satisfied with the appraisal, 
Mr. Christian moving that action be deferred and two new appraisals 
be secured. Mr. Faircloth asked if the parcel could be used for 
public purposes, and questioned whether the Trustees wanted to 
sell. Governor Kirk felt that the drainage ditch might be moved. 

Mr. Adams made a substitute motion, that the request for sale be 
denied. Mr. Faircloth seconded the motion, which was adopted 
without objection. 

Mr. Peter Wood, who objected to the sale, said he concurred with 
the Trustees' action denying the sale, that the land was adjacent 
to land purchased by the applicant for a much higher price. 

Mr. Dickinson commented that before the application was agendaed 
the applicant had agreed that there would be no construction on 
the parcel, the buildings being on land above the mean high water. 



PALM BEACH COUNTY - File No. 2081-50-253.12. On March 12, 1968, 
the Trustees authorized advertisement for objections only of a 
1.470 acre parcel of submerged land in Lake Worth in Section 28, 
Township 42 South, Range 43 East, City of Riviera Beach, landward 
of the established bulkhead line, for which the abutting upland 
owner, Robert F. Cromwell, offered the appraised value of 
$1,800.00 per acre. On April 22 on the motion to confirm the 
sale there were not five affirmative votes and the applicant was 
told to secure a waiver from the area planning group. 



9-24-68 
- 88 - 



The Palm Beach County Area Planning Board reviewed the application 
and by letter of July 17 registered no objections to the processing 
of this application. The biological report of an area 250 feet 
southerly of the subject parcel stated that it was a heavily 
developed area and that sale and development would not adversely 
affect conservation values. 

Mr. Christian said that the February 28, 1966, appraisal was not 
current, and moved that the application be taken off the agenda. 
Mr. Williams seconded the motion and the sale was denied, with Mr. 
Dickinson voting "No" . 

Governor Kirk said an appraisal two years old was unrealistic. 
Mr. Christian said he was not in favor of sales, since there had 
been so much criticism. 

Mr. Christian clarified his motion as being to deny consideration 
until an up-to-date appraisal is made. There was no objection. 

The Director asked what time limit would be reasonable for an 

appraisal to be current, and six months was suggested. The Attorney 

General said he would rather not look at an appraisal more than 
three months old. 

Mr. Adams said it was appropriate at this point to say that the 
Director needed more help, there should be more staff members to 
investigate on-the-ground, to do the necessary mapping. He said 
the agency must be properly staffed to move in a consistent manner 
in keeping with the public interest of this state, and in the past 
the Director has had more than he could do. Mr. Christian and 
the other members concurred. Governor Kirk said it was a directive, 
that the Trustees had the funds and can do it. 



CHARLOTTE COUNTY - File No. 2140-08-253.03 - Dedication. The 
Trustees on August 13, 1968, authorized advertisement for objections 
only of two abutting parcels of sovereignty land in Section 6, 
Township 41 South, Range 23 East, Charlotte County, in the Peace 
River lying within the City of Punta Gorda. The Board of County 
Commissioners of Charlotte County by Resolution No. 68-15 on August 
2, 1968, had requested dedication for public purposes. 

By virtue of Dedication No. 24437 dated December 14, 1966, the 
Trustees granted one parcel of sovereignty land containing 2.50 
acres to the City of Punta Gorda for public purposes. The city 
had found it expedient to assign their interest in the 2.50 acres 
to the county and by Resolution No. 367 dated December 19, 1967, 
requested the Trustees to confirm the city's action and dedicate 
the 2.50 acres to the county. 

The second parcel requested by Charlotte County, containing 2.65 
acres, was not encumbered, and was to be combined with the parcel 
previously granted to the city to create a total of 5.15 acres of 
sovereignty land to be used for public purposes. 

A bulkhead line was established and the biological report was not 
adverse to dredging and filling the tract. There were no 
objections to the notice of dedication. 

On motion by Mr. Faircloth, seconded by Mr. Christian and adopted 
unanimously, the Trustees approved dedication of the two parcels 
containing a total of 5.15 acres, more or less, to the Board of 
County Commissioners of Charlotte County for public purposes. 



9-24-68 

- 89 - 



CHARLOTTE COUNTY - File No. 2140-08-253,124, Fill Permit, and 

File No. 2140-08-253.123, Dredge Permit. 
On motion by Mr. Faircloth, seconded by Mr. Christian and adopted 
unanimously, the Trustees also approved the fill permit issued by 
the City of Punta Gorda on June 4, 1968, under provisions of Section 
253.124 Florida Statutes, to fill the above described 5.15 acres 
dedicated to Charlotte County for public purposes; and, also, the 
Trustees authorized issuance of dredge permit under the provisions 
of Section 253.123 Florida Statutes, to take 78,000 cubic yards of 
material from the approved dredging area to be deposited on the 
submerged land being dedicated, without charge for the material 
for the public project. 



DADE COUNTY - Dedication. The Trustees, holder of title to the N^ 
and SW% of Section 20 and that portion of Section 21 lying westerly 
of the right of way of Levee L-28 in Township 52 South, Range 35 
East, totalling approximately 780 acres, by virtue of Chapter 
67-2236, Laws of Florida, amending Section 253.03 Florida Statutes, 
were requested by the Dade County Port Authority to dedicate said 
780 acres without cost for airport purposes. The land lay within 
the 38 square mile area being acquired by the Authority for 
construction of a supersonic jetport. 

Since the land was Board of Education land, with title now in the 
Trustees, consideration was scheduled for the meeting of that board 
on this same date. The Board of Education approved dedication for 
the jetport. 

Motion was made by Mr. Adams, seconded by Mr. Christian and adopted 
unanimously, that the Trustees approve dedication to Dade County 
Port Authority without cost for airport purposes, and that an 
appropriate instrument be drawn by the Attorney General. 



DADE COUNTY - File No. 2094-13-253.12. The Jockey Club, Inc., 
Miami, Florida, abutting upland owner, applied to purchase 1.58 
acres of submerged land in two separate parcels in Biscayne Bay 
in Section 32, Township 52 South, Range 4 2 East, landward of the 
established bulkhead line in the City of Miami, Dade County, for 
expansion of club facilities. An appraisal of June 6, 1966, valued 
the land at $3,317.10 per acre. The biological report was not 
adverse to sale of the parcels of submerged land. 

Calling attention to the fact that the appraisal was two years 
old, motion was made by Mr. Christian, seconded by Mr. Williams 
and adopted without objection, that the application be denied until 
a new appraisal could be considered. 



DADE COUNTY - File No. 2106-13-253.12. Application was made by 
M. B. Garris on behalf of Leo Witz, Trustee, to purchase 2.65 
acres of submerged land in Section 11, Township 52 South, Range 42 
East, being a portion of the old F. E. C. canal lying east of the 
relocated Intracoastal Waterway landward of the established bulk- 
head line in Dade County. Applicant offered $1,000.00 per acre, 
the value reported by an appraisal dated July 19, 1963. 

The biological survey reported some ecological damage, however 
the Interagency Committee had approved the application. The appli- 
cants owned areas to which they lad no access because the old cham el 



9-24-68 
- 90 - 



was no longer used and filling of the old channel area was proposed 
in order to complete the planned development. 

Governor Kirk asked for more information. 

Because of the adverse biological report, Mr. Williams moved for 
denial. There was no second to the motion. Mr. Adams then 
suggested that action be deferred until the Trustees had opportunity 
to be furnished additional information regarding the application. 
It was so ordered. 



DADE COUNTY - File No. 2116-13-253.12. Danzil Liegerot on behalf 
of Dormal of La., Inc., a La. Corp., applied to purchase a parcel 
of sovereignty land in Biscayne Bay abutting uplands in Section 39, 
Township 54 South, Range 41 East, 0.31 acre, partially filled, in 
the City of Miami landward of the established bulkhead line in Dade 
County. The biological report was not adverse to sale and develop- 
ment of the small parcel. 

Applicant offered $5,081.00 per acre, based on an appraisal dated 
February 14, 1966. 

Motion was made by Mr. Williams, seconded by Mr. Christian and 
adopted without objection, that the application be denied until a 
new appraisal could be considered. 



PALM BEACH COUNTY - File No. 2032-50-253.12. Brockway, Owen and 
Anderson on behalf of Frank L. Lash, et ux, abutting upland owner, 
offered the appraised value of $3,267.00 for a parcel of submerged 
land in Lake Worth in Section 3, Township 43 South, Range 43 East, 
landward of the established bulkhead line in the City of West Palm 
Beach, Palm Beach County. The biological report for that portion 
of Lake Worth, dated 1961 and 1963, was not adverse; and the Palm 
Beach County Area Planning Board by letter of July 17 enclosed a 
copy of minutes of their July 9 meeting showing that they regis- 
tered no objections to the processing of this application. The 
application had been on the agenda on March 26, April 2, and on 
April 22 it was ordered to be referred to the Area Planning Board. 

Mr. Adams made a motion that the application be deferred for two 
reasons, first, the November 24, 1967, appraisal should be brought 
up to date, and second, the biological report was not current. The 
motion was seconded by Mr. Christian and upon vote, adopted 
unanimously. 



DADE COUNTY - Dredge Permit, Section 253.123. Metropolitan Dade 
County, Water Control Division, applied for a permit for installa- 
tion of a 12-inch subaqueous water transmission main across the 
Intracoastal Waterway on the north side of the Rickenbacker 
Causeway in Biscayne Bay in Section 17, Township 54 South, Range 
42 East, Dade County. 

Staff requested waiver of the biological study as provided in 
Section 253. 122 (3) (a) , Florida Statutes, since the public needs 
will be served by the water transmission main. 

Motion was made by Mr. Adams, seconded by Mr. Christian and adopted 



9-24-68 

- 91 - 



without objection, that the Trustees approve issuance of the 
dredging permit. 



SARASOTA COUNTY - Dredge Permit, Section 253.123. Sarasota Cable- 
vision, Inc., applied for permit for installation of a submarine 
television cable across Little Sarasota Bay in Section 18, 
Township 37 South, Range 18 East, Sarasota County. 

Florida Board of Conservation reported no significant or adverse 
effects to marine life, habitats or fisheries from the proposed 
installation. 

Motion was made by Mr. Adams, seconded by Mr. Dickinson and 
adopted without objection, that the Trustees approve issuance 
of the permit. 



PINELLAS COUNTY - Dock Permit, Section 253.03. The Pinellas County 
Water and Navigation Control Authority issued to Mrs. W. J. Schenley 
of Treasure Island, Florida, and referred to the Trustees for 
approval, a dock permit in Boca Ciega Bay in Section 26, Township 
31 South, Range 15 East, Pinellas County. All required exhibits, 
including $100.00 processing fee, were submitted for state commer- 
cial dock permit. 

Motion was made by Mr. Christian, seconded by Mr. Dickinson and 
adopted without objection, that the Trustees authorize issuance 
of the dock permit. 



MONROE COUNTY - Dredge Permit, Section 253.03. Fred P. Henning 
applied for permit to dredge material from land purchased from the 
Trustees in Deed No. 24710(1950-44) dated December 19, 1967. 

The Florida Board of Conservation report upon which the sale of 
this submerged land was based indicated that the area contained 
no substantial marine resources to be protected or preserved. 

The Director said that in order for the applicant to get a Corps 
of Engineers permit, he needed clearance from the Trustees. 

Mr. Adams asked for deferment until he checked with the Staff on 
details of this application. 

Without objection, the Trustees deferred action. 



DADE COUNTY - Dredge Permit, Section 253.123. The Jockey Club 
of Miami, Florida, applied for permit to clean out an existing 
channel in Biscayne Bay in Fractional Section 32, Township 52 
South, Range 42 East, Dade County. The applicant tendered check 
for $3,000.00 as payment for part of the material to be placed 
on upland property. The balance would be deposited in an approved 
spoil area. 

The Florida Board of Conservation reported the proposed channel 
improvement project was in a portion of Biscayne Bay which had 
been heavily affected by previous dredge and fill operations, and 
the project should have little adverse effect on marine life of 



9-24-63 
- 92 - 



the area. 

Motion was made by Mr. Adams, seconded by Mr. Dickinson and adopted 
without objection, that the dredge permit be approved. 



TRUSTEES FUNDS - The Board of Commissioners of State Institutions 
by letter of September 17, 1968, from Terry C. Lee, Coordinator, 
requested an advance of $15,000.00 from the Trustees to the 
Construction Division to pay for topographical surveys, foundation 
investigations, etc. > at the site of the State Office Building 
to be constructed in Pinellas County at St. Petersburg, Florida. 
Repayment would be from the sale of revenue certificates expected 
within the next 60 or 90 days, this action having been approved 
by the Board of Commissioners of State Institutions at their 
regular meeting on September 17, 1968. 



Staff of the Trustees recommended approval of an advance of 
$15,000.00 to the Construction Division of the Board of Commis- 
sioners of State Institutions in the form of a loan without 
interest, to be repaid within 90 days from date of the advance 
from proceeds of the sale of revenue certificates. 

On motion by Mr. Christian, seconded by Mr. Conner and adopted 
unanimously, the Trustees granted the request for $15,000.00 
advance without interest as recommended by the Staff. 



On motion duly adopted, the meetin 



ATTEST 



DIRECTOR - SECRETARY 




Tallahassee, Florida 
October 1, 1968 

The Trustees of the Internal Improvement Fund met on this date in 
Senate Hearing Room 31 in the Capitol, with the following members 
present: 



Tom Adams 

Earl Faircloth 

Fred O. Dickinson, Jr. 

Broward Williams 

Floyd T. Christian 



Secretary of State 

Attorney General 

Comptroller 

Treasurer 

Superintendent of Public Instruction 



Robert C. Parker 



Director 



On motion duly adopted, the Trustees approved the minutes of the 
meeting of September 24, 1968, with the following comments by Mr. 



9-24-68 



- 93 - 



Williams. Following the statements in the minutes as to his 
position on submerged land sales or filling, Mr. VZilliams said 
that he made the statement that any item coming on the agenda for 
the sale of land v^ould receive a "no" vote from him unless it was 
in the public interest or there was some real emergency involved, 
and he wanted the staff to screen very carefully any applications 
to be presented to the Trustees. 



BREVARD COUNTY - Bulkhead Line, Section 253.122. The Board of 
County Commissioners of Brevard County by Resolution adopted May 
29, 1968, established a bulkhead line offshore from the mean high 
water line around two islands in Newfound Harbor in Sections 25 
and 36, Tovmship 24 South, Range 36 East, and in Sections 30 and 
31, Township 24 South, Range 37 East, Brevard County, that previ- 
ously were dedicated by the Trustees to the county for public 
purposes. The area v/as known as Kiwanis Island Park. 

All required exhibits were submitted. At the local hearing there 
was an objection to the first proposed bulkhead line unless the 
county provided a minimum 100- foot channel between the two islands, 
The Florida Board of Conservation biological report was followed 
in establishing and locating the bulkhead line submitted for 
approval of the Trustees, which was a modification by the county 
of the first proposed bulkhead line. The Interagency Advisory 
Committee on Submerged Land Management interim report recommended 
the bulkhead line as established. 

On September 24 at the request of Secretary of State Adams, the 
Trustees deferred consideration for one week. 

Motion v;as made by Mr. Christian, seconded by Mr. Dickinson and 
adopted unanimously, that the bulkhead line as established by the 
Board of County Commissioners of Brevard County on May 29, 1968, 
be approved. 



MONROE COUNTY - File No. 502-44-253.12. On the basis of an adverse 
biological report from the Florida Board of Conservation by letter 
of June 19, 1960, on an area in which the "sawtooth" policy did 
not apply, the Staff recommended denial of sale of a parcel of 
submerged land in a tidal creek in Section 14, Township 56 South, 
Range 29 East, Big Pine Key, 16 acres, applied for by J. R. 
Matthews. 

Staff requested authority to. refund $50.00 of the application fee 
submitted by the applicant by check received May 29, 1968, and 
deposited June 4, 1958. 

'On motion by Mr. Williams, adopted unanimously, the Trustees 
denied the sale and authorized refund of $50.00 to the applicant 
because of the adverse biological report. 



MONROE COUNTY - File No. 2095-44-253.12. On the basis of an adverse 
biological report from the Board of Conservation by letter of April 
1, 1968, on an area in which the "sawtooth" policy did not apply, 
the Staff recommended denial of application for 1.30 acres of 
submerged land in the Bay of Florida in Section 23, Township 52 
South, Range 33 East, Key Largo, Monroe County, applied for by 



10-1-68 



- 94 - 



Karl O. Thompson of Key West, Florida. 

Staff requested authority to refund $50.00 application fee submitted 
by the applicant by check received March 18, 1968, and deposited 
May 14, 1968. 

On motion by Mr. Williams, adopted unanimously, the Trustees 
denied the sale, based on the adverse biological evaluation, and 
authorized refund of $50.00 application fee to Mr. Thompson. 



MONROE COUNTY - File No. 2097-44-253.12. Based on the adverse 
biological report from the Florida Board of Conservation by letter 
of March 11, 1968, on an area in which the "sawtooth" policy did 
not apply, the Staff recommended denial of application for 2.30 
acres of submerged land in Sacarma Bay in Section 29, Township 66 
South, Range 28 East, Cud joe Key, Monroe County, applied for by 
James D. Young of Groveport, Ohio. 

Staff requested authority to refund $50.00 application fee sub- 
mitted by the applicant by check received March 18, 1968, and 
deposited May 24, 1968. 

On motion by Mr. Williams, adopted unanimously, the Trustees 
denied the sale, based on the adverse biological evaluation, and 
authorized refund of $50.00 application fee to Mr. Young. 



MONROE COUNTY - File No. 2114-44-253.12. On motion by Mr. Williams, 
adopted without objection, the Trustees ordered withdrawn from 
the agenda the application by Walter Trandel, et ux, for purchase 
of 2.70 acres of submerged land in the Straits of Florida in 
Section 15, Township 66 South, Range 32 East, Boot Key, Monroe 
County. The Board of Conservation report was adverse and Staff 
recommended denial; however the attorney for the applicant, Mr. 
William J. Roberts, had requested deferment of consideration. 



BROWARC COUNTY - Dredge Permit, Section 253.123 Florida Statutes. 
Mr. J. B. Henderson, as manager and representing the Port Everglades 
Authority, Port Everglades, Florida, applied for a permit to 
allow deepening the existing channel from minus-32 feet MLW to 
minus-38 feet MLW from the turning basin south to the south end 
of Berth No. 27, to provide a temporary berth for the passenger 
ship "Queen Elizabeth". All material removed would be deposited 
upon the upland owned by the applicant, behind dikes to prevent 
or minimize siltation. 

Staff requested waiver of the biological study as provided under 
Section 253. 123 (3) (6) Florida Statutes, for this project involving 
deepening an existing channel. 

Mr. Williams said this was a private enterprise project. Mr. 
Adams noted that the spoil would be placed on upland areas and not 
on open water spoil areas. 

On motion by Mr. Faircloth, adopted without objection, the Trustees 
approved issuance of the permit for channel deepening. 



10-1-68 



- 95 - 



MONROE COUNTY - Dredge Permit, Section 253.03. On September 24 the 
Trustees, at the suggestion of the Secretary of State, deferred 
action on an application from Fred P. Henning for permit to dredge 
material from land purchased from the Trustees in Deed No. 24710 
(1950-44) dated December 19, 1967. 

On this date at the request of the Office of the Governor, the 
Trustees on motion by Mr. Williams, adopted without objection, 
deferred action. 



MONROE COUNTY - Dredge Permit, Section 253.03. Holiday Isle, Inc., 
represented by Bailey, Kooney, Post Associates, Inc., applied for 
permit to dredge a boat basin and deposit the material upon 
submerged lands owned by the applicant. 

The Florida Board of Conservation reported that the proposed boat 
basin, fill area east of the basin, and lagoon were largely 
unvegetated and that development of those areas should not have 
significant adverse effect on the marine life of the area. 

Mr. Adams called attention to comments on the Board of Conservation 
letter of April 29 regarding a grassy area, which the Director 
stated had been deleted from the application on the agenda and 
that the application as presented would not have significant adverse 
effects. Mr. Kenneth D. Woodburn, called upon for comment, said 
that was correct. 

Motion was made by Mr. Christian, seconded by Mr. Dickinson and 
adopted unanimously, that the Trustees approve the dredge permit 
for the areas recommended by the Staff and approved by the Board 
of Conservation. 



COLLIER COUNTY - On August 13, 1968, the Trustees authorized 
advertisement for sealed bids for a five-year oil and gas drilling 
lease covering all of Section 2, Township 47 South, Range 28 
East, 640 acres, more or less, in Collier County, upon request 
by Joseph G. Heyck. Legal notice was published in the Tallahassee 
Democrat and Collier County News pursuant to law, calling for bids 
to be opened at 10:00 A. M. on this date, with the right reserved 
by Trustees to reject any and all bids. 

Section 2 is an unsurveyed section which might be covered by a 
portion of Lake Trafford. As the exact location of the lake 
could not be determined without an on-the-ground survey. Staff 
recommended that all bids be rejected and no lease issued. Mr. 
Heyck was advised of the situation and has agreed to pay all 
costs in the event a lease was not issued. 

Mr. James T. Williams, Staff Member, opened the only sealed bid, 
which was a "no bid" from Mr. Heyck. 

Motion was made by Mr. Christian, seconded by Mr. Williams and 
adopted unanimously, that the Trustees deny any bid and no 
lease be issued on this area which might transgress into the 
Corkscrew Wildlife Sanctuary. 



FRANKLIN COUNTY - Florida Power Corporation requested an easement 
for electrical transmission lines right of way to serve the 
Oceanographic Laboratory site of Florida State University at 
Turkey Point in Franklin County. The Board of Regents approved 



10-1-68 



- 96 - 



issuance of the easement, to be 14 feet wide running through a 
tract of land containing 8 acres, more or less, within fractional 
Section 35, Township 6 South, Range 3 West, Franklin County. 

On motion by Mr. Christian, adopted without objection, the 
Trustees approved the easement requested by Florida Power 
Corporation. 



PALM BEACH COUNTY - The Central and Southern Florida Flood Control 
District requested a perpetual easement in a 350-foot wide strip 
of land containing 233 acres in Sections 12, 13, 14, 23, 26, 27 
and 34, Township 44 South, Range 39 East, Palm Beach County, to 
serve as a buffer strip between Conservation Area No. 1 and a 
tract of land recently leased by the Trustees to S. N. Knight 
& Sons, Inc., for agricultural purposes. 

Attention of the Board was called to the language desired by 
the Central and Southern Florida Flood Control District, as 
follows: "Any part or the whole of the right, privilege, use 
and easement herein granted may be assigned by the grantee herein 
for the purposes above described at its own option and sound 
discretion without approval of the grantor herein." The Staff 
raised the question whether or not the Trustees should abdicate 
their responsibility with respect to assignments. Mr. Adams 
suggested that the proposed wording be amended to require that 
the Trustees approve any assignment. 

Motion was made by Mr. Dickinson, seconded by Mr. Christian, 
that the Trustees grant the request of the District for the 
perpetual easement subject to the provisions that the Trustees 
approve any assignment and that the wording be changed to show 

" with approval of the grantor herein", the instrument to be 

approved by the Attorney General. The motion was unanimously 
adopted. 



TRUSTEES ' FUNDS - On December 21, 1954, the Trustees approved a 
loan of $200,000 without interest to the City of Pahokee for 
construction and erection of a breakwater in Lake Okeechobee 
to protect existing port facilities and boats, barges and other 
watercraft. The loan was to be repaid at the rate of $10,000 
per year from funds derived from operating revenue from the port 
and from cigarette tax revenue received by the city. 

On September 27, 1966, the Trustees granted the city's request 
for a moratorium on payments for the years 1966 and 1967 
conditioned upon the city resuming payments of $10,000 per year 
commencing December 1, 1968. The present balance on the loan 
is $93,594.04 on a total amount of $193,594.04, 

On September 24, 1968, letter was received from Senator Jerry 
Thomas of the 35th District, enclosing Resolution No. 10-68 
adopted by the City of Pahokee on September 10, 1968, requesting 
the Trustees to reduce the annual payments from $10,000 per year 
as provided for in the agreement entered into between the city 
and the Trustees on March 29, 1955, to $5,000 per year. The 
resolution pointed out that certain statutory limitations are 
now in effect which limit the millage the city can impose, and 
the city indicated that it would work an undue burden on the 
city to make annual payments in the amount of $10,000 per year 
to liquidate this outstanding balance. 



10-1-68 

- 97 - 



Motion was made by Mr. Faircloth, seconded by Mr. Dickinson and 
adopted without objection, that the Trustees grant the request 
for reduction of annual payments to $5,000 per year on the loan 
agreement between the Trustees and the City of Pahokee, Florida. 



CABINET SUBCOMMITTEE REPORT - The Conservation Subcommittee 
met with the Mean High Water Committee on September 25, 1968, 
to discuss the recommendations submitted by the Mean High Water 
Committee to the Trustees of the Internal Improvement Fund by 
memorandum of September 5, 1968. The Subcommittee, composed of 
Attorney General Earl Faircloth, Commissioner of Agriculture 
Doyle Conner, and the Secretary of State as Chairman, made the 
following recommendations which were read by Chairman Tom Adams: 

1. The Subcommittee recommends to the Trustees of the 
Internal Improvement Fund that $250,000 in funds held by the 
Trustees, be set aside to be used by the Mean High Water Committee 
to accomplish the purpose for which it was created. Said funds 
will be disbursed when requested on action of the Trustees. 

2. The Subcommittee recommends that the Mean High Water 
Committee be urged to move with deliberate speed in preparing 

a permanent uniform set of standards fer the use of professional 
land surveyors and engineers in determining methods of estab- 
lishing mean high water. 

3. The Subcommittee recommends that the Director of the 
Trustees meet with the Director of the Data Processing Management 
Board to discuss and determine possible use of State-owned 
computer equipment in processing data determination of the 

mean high water line. The Director of the Trustees will report 
periodically on these discussions. 

4. a. The Subcommittee recommends that the Trustees direct 
the staff of the Trustees to develop a program and cost estimate 
for photogrammetric interpretation of the mean high water data, 
for the seaward perimeter of the State of Florida. 

b. The Subcommittee further recommends that the Trustees 
request the Director to inform the Trustees of what size staff 
would be needed to maintain and update this aerial photography. 

5. The Subcommittee recommends that no action be taken to 
amend the State Laws or define legally the mean high water line. 
At this time, the determination as to what laws should be changed 
and in what manner, should not be taken until the work of the 
Mean High Water Committee in establishing criteria is completed. 

6. Since the creation of the Mean High Water Committee, no 
authorization has been given for payment of travel, per diem, or 
incidental expenses incurred by members of the Committee in 

the discharge of their official responsibilities. Therefore, 
the Subcommittee recommends that the Trustees authorize that 
payment be given to reimburse and pay future expenses out of 
the Trustees fund to Committee members for travel and per diem 
expenses and any other incidental expenses determined essential 
to the work of the Committee in the performance of their 
official duties. 

7. The Subcommittee recommends that the Trustees create 
the positions of Executive Director and a Secretary to 
coordinate the activities of the Mean High Water Committee. 



10-1-68 
- 98 -/ 



with reference to number 2, Mr. Adams said standards might be 
completed by May of 1969 but between now and then, there would 
be adequate information available to enable surveyors and 
engineers to begin to make such determinations very soon. As to 
4a, this was now being done in some counties, it would be a great 
value for all the state, and the cost could be included in the total 
amount of $250,000. Regarding number 7, it was apparent, Mr. Adams 
said, that this mean high water was the key determination in the 
whole bulkhead line matter, and the committee would have to have a 
minimal staff. All would be properly placed on a subsequent agenda. 

In further explanation, Mr. Adams said that the true mean high 
water in very irregular shoreline areas, bays and small indenta- 
tions would be unrealistic as bulkhead lines and conservation 
interests confirmed the fact that bulkhead lines should conform 
to the general shoreline. Also, the slope of a beach might be so 
gentle that one-tenth of a foot variation in the elevation of a 
benchmark could cause a difference of as much as fifty feet in 
the location of the mean high water on that beach. 

It is well known historically and geodetically , Mr. Adams 
advised, that there is fluctuation over the years and to set 
bulkhead lines inflexibly at the mean high water is an unrealis- 
tic position to take, and lines WDuld have to be constantly 
adjusted back and forth to conform to the law. This should 
reassure the Cabinet, he added, that the language adopted in 
the action taken was proper, that mean high water should be the 
point of reference from which bulkhead lines should be established. 
The benchmarks, or monuments, will be fixed and based upon the 
reference points the Trustees will approve buJkhead lines based 
upon the advice of the Interagency Advisory Committee and the 
best professional advice they could get. 

After discussion, motion was made by Mr. Faircloth and unanimously 
adopted, that the Trustees receive the report of the Conservation 
Subcommittee . 



SUBJECTS UNDER CHAPTER 18296 

On motion by Mr. Dickinson, duly adopted, the Trustees approved 
Report No. 939 listing one corrective deed. County of Dade Deed 
No. 2560-Cor. to Karl H. Breitrick and George Harry Miller, issued 
in lieu of a deed to Mary V. Miller who was deceased on the date 
of the original deed bearing date of October 30, 1944, to correct 
the name of the grantee. 



On motion duly adopted, the meeting v/as adjourned. 

- ACTING CHAIRMA^ 




SECRETARY OF STATE 



ATTES 

DIRECTOR - SECRETARY 



* * * 



* * * * * * 



10-1-68 

- 99 - 



Tallahassee, Florida 
October 15, 1968 



The Trustees of the Internal Improvement Fund met on this date 
in Senate Hearing Room 31 in the Capitol, with the following 
members present: 

Claude R. Kirk, Jr. Governor 

Earl Faircloth Attorney General 

Fred O, Dickinson, Jr. Comptroller 

Floyd T. Christian Superintendent of Public Instruction 

Doyle Conner Commissioner of Agriculture 



Robert C. Parker Director 



On motion duly adopted, the Trustees approved minutes of the 
meeting of October 1 and authorized the addition to minutes of 
September 17 of the list of "Statements for the Record" which 
were submitted at the hearing on that date. 



Comptroller Fred 0. Dickinson, Jr., made a motion that the Trustees, 
in compliance with the request recently made by the Legislative 
Subcommittee on Bulkheads, defer taking action on sales of sub- 
merged lands and approval of the dredge and fill permits for a 
period of not less than two months nor more than three months 
pending completion of the Subcommittee's hearings and deliberations. 
The only exception to the deferment would be cases of dire 
emergency or relating to public projects. 

REASONS : 

1. Compliance with the Subcommittee's request is not only 
a matter of courtesy between coordinate branches of 
government but consistent with Cabinet action in many 
previous cases where the Legislature and the Cabinet 
have cooperated in the interest of the public. 

2. The 2-3 months provision in the motion is consistent 
with the Subcommittee's time table. 

3. The Subcommittee's request and this motion is consistent 
with the Cabinet's position in previous meetings of 
September 17 and 24, 1958, in which the Cabinet recognized 
policies to be used in considering bulkhead lines which 
can only be set by cities and counties. The Cabinet 

has already directed Mr. Parker of the I. I. Board to 
withhold placing on the agenda all applications relating 
to this matter, except in cases of dire emergency or 
public projects. 

4. The above policies have been distributed to the affected 
cities and counties and they now have the freedom of 
movement to review and revise their bulkhead lines, if 
desired, and submit them to the Trustees for appropriate 
action. 

Mr. Christian seconded the above motion by the Comptroller, which 
was adopted unanimously. 



10-15-68 
- 100 - 



Later in the meeting Mr. Dickinson said that a letter, just opened, 
from Representative J. Lorenzo Walker, a member of the Legislative 
Subcommittee on Bulkheads, enclosed a copy of the resolution of 
the Florida Legislative Council Committee on Beaches and Shoreline 
Erosion adopted by the full committee on October 10 which stated 
that the committee would continue its study and make appropriate 
report and recommendations. The resolution called for local 
government entities to review and, if possible, to establish and 
to reset bulkhead lines. Mr. Dickinson said it appeared from the 
resolution and letter that what the Trustees had done was consis- 
tent with the thinking of the Legislature, more particularly, with 
the committee involved in this area. 

Attorney General Earl Faircloth made a motion that whenever 
"moratoriums" on Trustees' consideration of proposed sales, dredg- 
ing or filling of submerged lands are lifted, the Director of the 
Internal Improvement Fund be instructed to prepare, submit to the 
Trustees and make available to press and public Advance Agenda 
of any proposed establishment or change in bulkhead lines and 
proposed sales two weeks prior to the date on which the Trustees 
are formally to consider these matters , such two-weeks advance 
public notice to be coordinated with but in addition to legal 
advertising provisions of Chapter 253 Florida Statutes as amended 
by Chapter 67-393, Acts of 1967. 

The motion was seconded by Mr. Dickinson and adopted unanimously. 

Mr. Dickinson suggested an area which he hoped the Legislature 
would re-examine, and in response to question of the Governor, said 
he would write a note to the Legislative Committee suggesting that 
they look at the statutes requiring the three-step procedure of 
a citizen, city or county making an application, the preliminary 
hearing, publication of notice, and then the final consideration 
when the matter comes back to the Trustees for final rejection or 
approval. He said it seemed to lead on applicants, when there 
was no way for them to know the outcome until the final step. 

Memorandum from the Treasurer requested that the following 
statement be placed in the minutes. 

It is with much regret that I cannot attend the Trustees 
meeting today, but as State Fire Marshal, I am opening this 
morning the statewide Fire Prevention Conference in Miami. 

As stated at previous Trustee meetings, my position will be 
to vote NO on any proposed sale or fill of submerged land 
unless it is in the public interest or a real emergency exists. 

I concur in the resolution adopted this morning calling for a 
moratorium on land sales, dredge and fill permits pending 
completion of the Legislative Subcommittee's deliberations. 

However, it is my feeling that this restriction should be 
continued beyond the 90 day limit expressed in the 
resolution. It should continue until the Legislature 
meets and resolves the issue. 



Honorable Haydon Burns, former Governor of Florida, presented his 
views with reference to submerged lands and establishment of bulk- 
head lines, emphasizing the orderly development of the shoreline 
as necessary to progress. 



10-15-68 

- 101 - 



MONROE COUNTY - Dredge Permit, Section 253.03. The application of 
Mr. Fred P. Henning, deferred previously at the request of members, 
was considered. Mr. Henning applied for permit to dredge material 
from the v;esterly 200 feet of land purchased from the Trustees in 
Deed No. 24710(1950-44) dated December 19, 1967. The Florida Board 
of conservation report upon v/hich sale of the submerged land v/as 
based indicated that this v/esterly 200 feet contained no substan- 
tial marine resources to be protected or preserved. 

The Director said the applicant, in the rock mining business, v/anted 
to use the land as a source of material for road building and 
related purposes, but that he did not have sufficient information 
to establish that this was an emergency case. The Governor called 
on Mr. Nathaniel P. Reed, who said the applicant had indicated that 
he would be out of business without the permit. He said the details 
of the emergency should be presented to the Board. 

At the suggestion of the Governor, the Trustees deferred action 
pending presentation of further information justifying issuance of 
the permit as an emergency case. 



MONROE COUNTY - Dredge Permit, Section 253.03. Mayor William 
Kerlin on behalf of the City of Key Colony Beach applied for permit 
for a sewer outfall and sewage force main subaqueous crossing in 
Section 5, Township 66 South, Range 33 East, Monroe County. The 
Air and V/ater Pollution Control Commission had no objections, and 
Staff requested waiver of biological study as provided under Section 
253.12(3) (a) Florida Statutes. 

On motion by Mr. Dickinson, seconded by Mr. Faircloth and adopted 
unanimously, the Trustees authorized issuance of the permit to the 
City of Key Colony Beach. 



OKALOOSA COUNTY - Dredge Permit, Section 253.123. Southeastern 
Telephone Company of Fort Walton Beach applied for permit to install 
a submarine cable across Rocky Bayou in Sections 10 and 15, Tovmship 
1 South, Range 22 West, Okaloosa County. Staff requested v/aiver of 
biological study as provided under Section 253 . 123 (3) (a) Florida 
Statutes, since the public need would be served. 

On motion by Mr. Dickinson, seconded by Mr. Faircloth and adopted 
unanimously, the Trustees authorized issuance^ of permit as requested. 



OKALOOSA COUNTY - Dredge Permit, Section 253.123. Gulf Power 
Company, Pensacola, Florida, applied for permit to install a 12 
KV submarine cable across Garnier Bayou in Section 6, Township 2 
South, Range 23 West, Okaloosa County. Staff requested waiver of 
biological study as provided in Section 253.123(3) (a) Florida 
Statutes, since the public need v/ill be served. 

Motion was made by Mr. Faircloth, seconded by Mr. Christian and 
adopted unanimously, that the permit be authorized. 



VOLUSIA COUNTY - Dredge Permit, Section 253.123. Southern Bell 
Telephone and Telegraph Company, Jacksonville, Florida, applied 
for permit to install a submarine cable across the Halifax River 



10-15-68 
- 102 - 



south of the Carlton Blank Bridge at Daytona Beach in Sections 8 
and 33, Township 15 South, Range 33 East, Volusia County. Staff 
requested waiver of biological study as provided in Section 
253.123(3) (a) Florida Statutes, since the public need will be 
served. 

Motion .was made by Mr. Faircloth, seconded by Mr. Christian and 
adopted unanimously, that the permit be authorized. 



HIGHLANDS COUNTY - A dredge permit applied for by Withers and 
Harshman, Inc., was withdrawn for further study. 



VOLUSIA COUNTY - Dredge, Dock Permits, Section 253.03. Florida 
Board of Parks and Historic Memorials applied for permit to dredge 
a boat basin and construct docks and a boat ramp in the St. Johns 
River adjacent to Hontoon Island State Park in Section 35, Township 
17 South, Range 29 East, Volusia County. 

The Florida Game and Fresh Water Fish Commission reported favorably 

on the project. All required exhibits were furnished and Staff 

recommended waiver of the processing fee for the facility to serve 
the public. 

Motion was made by Mr. Conner, seconded by Mr. Dickinson and 
adopted unanimously, that the permits to the Board of Parks and 
Historic Memorials be authorized without charge. 



PINELLAS COUNTY - Dock Permit, Section 253.03. The Board of County 
Commissioners of Pinellas County applied for permit to construct 
four docks adjacent to the County Park on Belleair Beach Causeway 
in Clearwater Harbor. All required exhibits were furnished and 
Staff requested waiver of the $100 processing fee since the 
structures would serve the public. 

Motion was made by Mr. Christian, seconded by Mr. Dickinson and 
adopted unanimously, that issuance of the permit be approved. 



PINELLAS COUNTY - Dock Permits, Section 253.03. The Pinellas County 
Water and Navigation Control Authority approved and submitted to 
the Trustees the following applications for commercial dock permits: 

1. Mr. and Mrs. Ralph Bellamy of St. Petersburg Beach, Florida, 
to construct a dock in Boca Ciega Bay in Section 7, 
Township 3 2 South, Range 16 East; 

2. Vinyard Industries, Inc., St. Petersburg, Florida, 
to construct covered boat slips in Boca Ciega Bay 
in Section 3, Township 32 South, Range 16 East. 

All required exhibits, including $100.00 processing fee for each, 
were submitted and the Staff recommended approval. 

Motion was made by Mr. Dickinson, seconded by Mr. Christian and 
adopted unanimously, that state commercial dock permits be issued 
to the two applicants. 



WAKULLA COUNTY - Dock Permit, Section 253.03. Florida Board of 
Parks and Historic Memorials applied for a permit for construction 



10-15-68 

- 103 - 



of a swimmers floating dock in the Dead River at Ochlockonee River 
State Park in Section 31, Township 5 South, Range 2 Vvest, and 
in Section 36, Township 5 South, Range 2 West, Wakulla County. 

All required exhibits were furnished and Staff requested waiver 
of the processing fee for the dock facility for the park. 

Motion was made by Mr. Dickinson, and adopted unanimously, that 
issuance of the permit be approved without charge. 



MONROE COUNTY - File No. 2141-44-253.12. Pursuant to the settle- 
ment recommended by the Attorney General and adopted by the Board 
on July 30, 1968, relative to the Bernie C. Papy, Jr., matter and 
involving Charley Toppino & Sons, Inc., insofar as the 26.6 acre 
over-fill at Summerland Key by Summerland Key Cove, Inc., is 
concerned, corrected surveys were received showing that the area 
of over-fill was 44.42 acres. The Staff proceeded to secure an 
appraisal from Alan G. Schmitt, Registered Real Estate Broker of 
Marathon Shores, Florida, which reported the value to be at the 
rate of $325.00 per acre, which was lower than the $425.00 per 
acre offered by Summerland Key Cove, Inc. 

Staff advertised the area for sale in the Key West Citizen at the 
price of $425.00 per acre, as accepted by Summerland Key Cove, Inc. 
On the advertised sale date, October 8, 1968, there was no meeting 
of the Trustees and the matter was placed on the agenda for 
consideration on this date. Two objections were received from 
parties who did not appear to understand that the area was already 
filled and access channels excavated. Staff did not feel that they 
were valid objections, as the filling was already accomplished. 

Attorney General Faircloth said it was a follow-up of the 
settlement recommended to the Cabinet and approved. In response 
to Mr. Christian's question, Mr. T. T. Turnbull, Assistant Attorney 
General said that now was the time to complete the transaction 
rather than go to court, that the Board had agreed on the price 
offered or the appraisal. The amount offered was higher than the 
appraisal. Mr. Christian said that since it was in the nature of 
a fill for which the state would obtain proper funds, he moved 
that the sale be approved. 

On the motion by Mr. Christian, seconded by Mr. Faircloth and 
adopted without objection, the Trustees overruled the objections 
and confirmed sale of the 44.42 acre tract of sovereignty land 
at the price offered by Summerland Key Cove, Inc. 



BREVARD COUNTY - The State Road Department applied for temporary 
easement covering two dredging areas, (1) in the Indian River in 
Section 17, Township 24 South, Range 36 East, and (2) in the Banana 
River in Section 18, Township 24 South, Range 37 East, containing 
a total of 83.16 acres in Brevard County, The easements would 
terminate October 1, 1972, and were required as a source of 
material for the construction and maintenance of State Road No. 
528, Section 70070-2511. 

Biological report dated September 30, 1968, from the Board of 
Conservation showed that water depths in both areas were generally 
greater than minus-six feet mean low water, and the proposed 
dredging should not have significant adverse effect on marine 
life of the area. 



10-15-68 
- 104 - 



Motion was made by Mr. Christian, seconded by Mr. Dickinson and 
adopted without objection that temporary easement be issued to 
the State Road Department. 



BREVARD COUNTY - The State Road Department applied for temporary 
easement covering a dredging area in the Indian River in Section 14, 
Township 27 South, Range 37 East, 9.6 acres in Brevard County, to 
terminate September 1, 1972. The area was needed as a source of 
material for the construction of State Road Nos. S-3 and S-3-B, 
Sections 70590-2604 and 70670-2603. 

Biological report dated September 30, 1968, from the Florida Board 
of Conservation showed the water depths to be greater than minus- 
five feet mean low water and the proposed dredging would not have 
significant adverse effects on the marine life of the area. 

Motion was made by Mr. Dickinson, seconded by Mr. Christian and 
adopted without objection, that the temporary easement be issued 
to the State Road Department. 



BROWARD COUNTY - The Board of County Commissioners of Broward County 
by resolution adopted October 1, 1968, requested perpetual dedica- 
tion of a 30-foot wide strip by approximately 120 feet in length 
over the bottoms of New River Sound in Section 24, Township 50 South, 
Range 42 East, for the construction of a footbridge to provide 
public access between two parcels of land owned and maintained as 
a public park by Broward County. No dredging or filling would be 
required and therefore, a biological survey was deemed unnecessary. 

Motion was made by Mr. Dickinson, seconded by Mr. Faircloth and 
adopted without objection, that the Trustees authorize perpetual 
dedication of the area requested for the footbridge. 



INDIAN RIVER COUNTY - The State Road Department requested right of 
way dedication of 8.26 acres, more or less, of submerged land in 
the Indian River in Section 27, Township 31 South, Range 39 East, 
Indian River County, for the purpose of constructing a new bridge 
to replace the existing Wabasso Bridge across the Indian River 
and the Intracoastal Waterway on State Road 510. The Staff 
recommended dedication subject to and subordinate to the existing 
Intracoastal Waterway right of way. 

The Florida Board of Conservation offered no objection from a 
biological standpoint to the project. 

Motion was made by Mr. Conner, seconded by Mr. Dickinson and 
adopted without objection, that right of way dedication be issued 
as requested by the State Road Department. 



MARTIN COUNTY - The State Road Department requested right of way 
dedication of 7.8 acres, more or less, of submerged land in the 
St. Lucie River in Section 17, Township 38 South, Range 41 East, 
Martin County, for improvement of the existing bridge and mainte- 
nance of the new structures on State Road 714, Section 89090-2505. 

The Florida Board of Conservation indicated no objection to the 
dedication. 

Motion was made by Mr. Dickinson, seconded by Mr. Conner and 



10-15-68 

- 105 - 



adopted without objection, that right of way dedication requested 
by the State Road Department be authorized. 



MONROE COUNTY - File No. 2156-44-253.129. On motion by Mr. 
Dickinson, seconded by Mr. Conner and adopted without objection, 
the Trustees authorized issuance of a disclaimer under the provi- 
sions of Section 253.129 Florida Statutes, covering a parcel of 
sovereignty land, now filled, lying in the Bay of Florida in 
Section 9, Township 66 South, Range 32 East, Key Vaca, Monroe 
County, containing 1.44 acres filled prior to May 29, 1951. 
Application was made by Ernest J. Hewett, attorney, on behalf 
of Ethel B. Thompson, Executrix, and $10.00 handling charge was 
submitted. 



OKEECHOBEE COUNTY - The Central and Southern Florida Flood Control 
District made application for (1) deed conveying title to a parcel 
of reclaimed lake bottom land in Lake Okeechobee in Section 6, 
Township 38 South, Range 36 East, Okeechobee County, under Struc- 
ture 191(C-59) containing 6.20 acres, and (2) a right of way 
easement over bottoms of said lake in the same Section 6, 
extending southwesterly from the parcel in (1). 

As the 6.20 acre parcel in (1) is within the right of way for 
Levee 47 and Levee D-4, both of which were constructed under 
easement granted by the Trustees, the Staff recommended that the 
advertising formalities be waived, and that the deed and right of 
way easement be approved. 

On motion by Mr. Dickinson, seconded by Mr. Conner and adopted 
without objection, the Trustees granted the request of the 
Central and Southern Florida Flood Control District for deed 
and right of way easement. 



PINELLAS COUNTY - To further the City of Treasure Island Segment 
of Pinellas County Beach Restoration Project, the Public Works 
and Engineering Department on behalf of the United States of 
America requested (1) construction easement for the project area 
lying seaward of the mean high water line of the uplands in the 
City of Treasure Island in Township 31 South, Range 15 East, 
Pinellas County; (2) easement covering two borrow areas in the 
open waters of the Gulf of Mexico and Blind Pass in the same 
location necessary for the source of material for said beach 
restoration; and (3) easement covering two areas for pipe line 
construction. 

The Board of Conservation biologists surveyed the dredging and 
beach nourishment areas and offered no objections to the proposed 
project from the conservation standpoint. 

On motion by Mr. Christian, seconded by Mr. Dickinson and adopted 
without objection, the Trustees authorized issuance of the 
requested easements. 



ST. LUCIE COUNTY - The Department of Agriculture requested 
issuance of an easement 15 feet wide to the City of Fort Pierce 
for the installation of a 6-inch water line across a portion of 
the Fort Pierce State Farmers Market in the SW^4 of Section 27, 
Township 35 South, Range 40 East, St. Lucie County. 



10-15-68 



- 106 - 



Motion was made by Mr. Faircloth, seconded by Mr. Conner and 
adopted without objection, that the request for easement be 
granted. 



VOLUSIA COUNTY - File No. 2155-64-253.12(6). Mr. Roy E. Kinsey, 
on behalf of Helen W. Zimmer, Trustee, applied for conveyance 
under the provisions of Section 253.12(6) Florida Statutes (1967), 
of a parcel of sovereignty land in the Halifax River in Section 34, 
Township 15 South, Range 33 East, Volusia County, containing 
0.042 acre filled subsequent to May 29, 1951, and prior to June 
11, 1957. Applicant offered the appraised value of $300.00 per 
acre or a total of $12.60 for the parcel, being the appraised 
value of the submerged land as it existed prior to filling. 

Motion was made by Mr. Dickinson, seconded by Mr. Faircloth and 
adopted without objection, that the Trustees authorize issuance 
of the instrument required by the Statutes. 



WASHINGTON COUNTY - Easement, Chapter 253.03. Washington County 
requested ten-foot wide easement for the purpose of widening a 
county road along property being used by the Agricultural Extension 
Service of the University of Florida in conducting the Florida 
National Egg-Laying Test. The property is located in the North 
Half of Section 1, Township 4 North, Range 13 West, Washington 
County, immediately East of the existing county road. The 
easement was approved by the Board of Regents. 

On motion by Mr. Dickinson, seconded by Mr. Christian and adopted 
unanimously, the Trustees granted the request for easement. 



ST. LUCIE COUNTY - On January 25, 1966, the Trustees dedicated 
two tracts of submerged land in the Indian River in Section 10, 
Township 35 South, Range 40 East, to the City of Fort Pierce, the 
abutting upland owner, for public municipal purposes with 
provision that dedication might be terminated in the event the city 
failed to maintain and use the land for three consecutive years. 
The city for the past year had been rebuilding and modernizing its 
present marina property adjacent to the dedicated areas, and upon 
completion of the present work during 1969, the city planned to 
commence construction on phase two involving the area dedicated in 
1966. 

The city, through its attorney, Spencer B. Gilbert, requested an 
extension of an additional three years in which to comply with the 
provision requiring use and maintenance of the dedicated land, 
comprising approximately 17.3 acres. Based on the good faith 
showing of the city in its present marina improvement project, 
the Staff recommended extension of the dedication for an ad- 
ditional three years. 

on motion by Mr. Dickinson, seconded by Mr. Faircloth and adopted 
unanimously, the Trustees granted the request of the City of Fort 
Pierce for extension for three years additionally. 



In the absence of Secretary of State Tom Adams, Chairman of the 
Cabinet Conservation Subcommittee, the Trustees deferred consider- 
ation of the recommendations submitted by said Subcommittee on 
October 1, 1968, with respect to the Mean High Water Committee 
report. 



10-15-68 



- 107 - 



PALM BEACH COUNTY - The Area Planning Board of Palm Beach County 
by letter of September 23, 1968, requested continuation of the 
moratorium with respect to submerged lands in Palm Beach County 
approved by the Trustees in response to their letter of April 12, 
1968. That board is in the process of making a comprehensive 
program of planning which includes a shore line study, and they 
indicated that a realistic appraisal of projects for Palm Beach 
County is their goal. The Director suggested that the Trustees 
might wish to secure comment from the Area Planning Board on any 
applications to purchase, dredge and fill before final action is 
taken by the Trustees. 

On motion by Mr. Dickinson, adopted unanimously, the Trustees 
recognized the request as consistent with the action they had 
taken on this date and approved the suggestion. 



SHELL LEASES - The Trustees accepted as information for the record 
the following report of income received by the Florida Board of 
Conservation from holders of dead shell leases: 

Lease No. Name of Company Amount 

1718 Radcliff Materials, Inc. $7,762.86 

1788 Benton and Company 8,963.32 

2233 Bay Dredging & Construction Co. 6,647.28 



ESCAMBIA COUNTY - Exchange. The Board of County Commissioners of 
Escambia County and the Santa Rosa Island Authority by deed dated 
November 10, 1964, conveyed to the State Board of Education a 
124-acre tract of land on Santa Rosa Island for the use and benefit 
of the Board of Control in connection with the University of v;est 
Florida . 

The Santa Rosa Island Authority and the University of West Florida 
have agreed that it would be mutually bebeficial to exchange the 
124-acre parcel for another tract of 175 acres located on Santa 
Rosa Island approximately 10 miles to the east. The Authority and 
Escambia County have formally agreed to the proposed exchange. 

The Board of Regents on September 27, 1953, approved the exchange 
and requested the Trustees to issue appropriate deed reconveying 
the 124-acre tract in exchange for a deed from the Authority 
conveying the 175-acre parcel to the Trustees. 

Motion v;as made by Mr, Dickinson, seconded by Mr. Faircloth and 
Mr. Christian, and adopted, that the Trustees grant the request 
for the exchange by issuance and acceptance of appropriate deeds. 



ORANGE COUNTY - Agreement. The Board of Regents requested that 
the Trustees enter into an agreement with the United States Post 
Office Department for the operation of a mall-type self-service 
postal unit on the campus of Florida Technolocical University, in 
Orange County, Florida. The agreement was similar with others 
entered into on other university campuses, was approved as to form 
and legality by the Attorney General, and the Board of Regents 
had agreed to assume all responsibility with respect to the 
proposed facility. 

On motion by Mr. Christian, seconded by Mr. Dickinson and adopted 
without objection, the Trustees authorized entering into the 
agreement. 



10-15-68 
- 108 - 



SARASOTA COUNTY - The city charter of the City of Venice authorizes 
the city boundary to be enlarged upon petition of owners of property 
contiguous to the existing city limits. The existing city limits 
border on the shoreline of the Gulf of Mexico along the westerly 
extremities, and under provisions of the charter the Trustees, as 
owners of submerged land of the Gulf, are authorized to petition 
the City Commission to annex certain areas of the Gulf into the 
city limits. By Resolution No. 119 of September 18, 1968, the 
City Council submitted formal request for the Trustees to petition 
the city to annex a 1000- foot wide strip, bounded on the north by 
the centerline of Casey's Pass, on the east by the mean high water 
line of the Gulf of Mexico, and on the south by the south city 
limit line, extended, of the submerged bottoms of the Gulf as 
shown by a map referred to as Exhibit "A" attached to the petition 
for annexation of contiguous property to the City of Venice. 

The annexation of this area of submerged land would enable the 
owners of property located adjacent to this strip of submerged 
land to petition the city for annexation of their properties and 
thus would permit the city to extend water and sewer service and 
other municipal services applicable to areas in the city limits. 
A similar request was submitted in July of 1965, was referred to 
Attorney General Earl Faircloth for review, and upon his advising 
that he could see no valid legal objection to compliance with the 
request of the city to petition for annexation of the described 
land owned by the Trustees, on July 27, 1965, the Trustees did 
approve that request. 

In recognition of the benefits that would accrue to the private 
property owners involved, and the police protection that would be 
afforded to the open waters of the Gulf of Mexico that would be 
included within the area annexed. Staff recommended that the 
request be approved by the Trustees. The Director said there was 
no desire to press the matter but just to process it at the request 
of the City of Venice. 

Representative J. K. Tillman of Sarasota, Florida, said he was 
called by a group of citizens to appear and ask that the Trustees 
temporarily delay action on the petition because the City Commis- 
sion had given no formal notice of this matter. 

Mr. Christian said there should be some hearing back in the City 
of Venice, that there apparently was lack of understanding. 

Motion was made by Mr. Christian, seconded by Mr. Dickinson and 
adopted unanimously, that no action be taken and the matter be 
sent back to the City of Venice. 



TRUSTEES ' FUNDS - On motion by Mr. Christian, seconded by Mr. 
Faircloth and adopted unanimously, the Trustees authorized the 
State Board of Administration to reinvest in like securities 
the funds of the Trustees now in short-term U. S. Treasury bills 
in the amount of $559,000 par value, maturing on October 17, 1968. 



TRUSTEES ' FUNDS - Capitol Center Property Acquisition. Mr. Paul 
Turner, Executive Director of the Capitol Center Planning 
Committee, advised that 

(1) Mrs. James Ezell, owner of Lots 49 and 50 on West Blount 
Street in Tallahassee, Florida, indicated willingness to sell her 



10-15-68 

- 109 - 



property to the State of Florida for $13,000 which price was less 
than the present appraised value of the lots; and 

(2) Mr. Nathaniel Harrison, owner of Lot 47 at 214 Blount 
Street, Tallahassee, Florida, offered to sell said lot for $12,000 
which was within the appraised value based on appraisal secured 
from W, H. Gates, Tallahassee, Florida, received in the Trustees' 
office on October 8, 1968. 

Staff reviewed the two proposals and in view of the facts set 
forth, recommended release of Trustees' funds for making the 
acquisition of capitol center property. 

Motion was made by Mr. Christian, seconded by Mr. Faircloth and 
adopted without objection, that Trustees' funds be released 
in an amount of $13,000 and $12,000 for making acquisition of 
the above described property in the capitol center. 



SUBJECTS UNDER CHAPTER 18296 



On motion by Mr. Christian, seconded by Mr. Dickinson and adopted 
unanimously, the Trustees approved Report No. 940 listing six 
regular bids for sale of land in Escambia, Hamiltc 
Walton Counties under provisions of OfS^ter 1829( 
the Murphy Act . 



On motion duly adopted, the meet 



ATTEST 



C^ g^^^/-^^ 




DIRECTOR 



SECRETARY 



* * * 



* * * 



* * * 



Tallahassee, Florida 
October 22, 1968 



The Trustees of the Internal Improvement Fund met on this date 
in the Capitol Building in Senate Hearing Room 31, with the 
following members present: 



Claude R. Kirk, Jr. 

Tom Adams 

Earl Faircloth 

Fred 0. Dickinson, Jr, 

Broward Williams 

Floyd T. Christian 



Governor 

Secretary of State 

Attorney General 

Comptroller 

Treasurer 

Superintendent of Public Instruction 



Robert C. Parker 



Director 



On motion duly adopted, the Trustees approved the minutes of the 
meeting held on October 15, 1968. 



10-22-68 



- 110 



MONROE COUNTY - File No. 2141-44-253.12. Brought up for further 
discussion was the sale, approved last week but subsequently 
processing was held up at the direction of the Governor, of 44.42 
acres at Summerland Key in Monroe County to Summerland Key Cove, 
Inc. The sale of an overfill area was part of a settlement 
which had been approved by the Trustees on July 30, 1968. 

Secretary of State Tom Adams said his objection was anything 
but an indictment of the Trustees' Staff which about a year ago 
had called attention to apparent irregularities in fill activities 
in the Keys. He had questions in his mind and had felt that the 
matter should be deferred, which he thought was accomplished at 
the staff meeting on Friday, October 11, 1968. He reviewed 
the matter of unauthorized dredging by the Papy interests and 
the work some 20 miles away on Summerland Key, the latter which 
he said he did not realize was involved although it was in the 
written report furnished to the members and approved in July. 
He was alarmed at the indication that the state was not being 
properly reimbursed for the fill material dredged by Papy, said 
to be worth a quarter-million dollars but the. Trustees had 
received only some $8,000 for the half that had been hauled off 
so far; and he protested that the land at Summerland Key appraised 
at $325 per acre, for which the Toppino interests had offered 
$425 per acre, was already developed and was worth $12,000 per 
acre. The Trustees on October 22 took action when he was not 
present at that meeting. 

Attorney General Faircloth said he had been in the case since the 
last of 1967, had informed the Cabinet every step along the way, 
and while he would not have chosen to explain the legal basis of 
the recommended settlement because it probably would help Mr. 
Toppino' s case in the event the matter should go into litigation, 
in view of the unfavorable press comments and the implication 
that a swindle was involved, he must speak. He said that on 
October 11 his representative offered to call Assistant Attorney 
General T. T. Turnbull to answer any questions, but other staff 
representatives had said it was not necessary; and the Director 
would have removed the matter from the agenda on request of any 
Cabinet member - which he did not receive. 

Mr. Faircloth said that the name of Mr. Toppino got into the 
Papy dredge and fill matter as the man doing the dredging for 
Mr. Papy, but that controversy had nothing to do with the issue 
before the board of the Summerland Key Cove, Inc., sale. The 
Papy matter was settled on the basis of lli6 per cubic yard, and 
it was unfortunate that the Toppino purchase was covered in the 
same report because they were not related by any legal circum- 
stances at all. VJhen Mr. Toppino had applied to purchase the land 
around Summerland Key which he had filled, certain legal rights 
arose, the staff went down and found an overfill that, however, 
did not oo beyond lines of a survey accepted by the state (now 
determined to be inaccurate) , the policy of the Trustees was not 
to penalize upland owners who filled in front of their property, 
which in this case had taken place prior to the effective date 
of the Randell Act, in Monroe County - specifically exempt from 
that Act. 

Mr. Faircloth discussed the three alternatives and the one 
recommended to the Trustees and approved on July 30. The LoBean 
decision might have applied in this case, the fill material was 
free to Mr. Toppino under the law and policy of the state, in 
July the Trustees had not repudiated the values for which Monroe 
County state lands were sold. The settlement fixed a price for 



10-22-68 

- Ill - 



the over-fill (to be surveyed to get correct acreage) at $425 
per acre or a new appraisal, whichever was the greater. A regis- 
tered real estate broker in Monroe County, which had no MAI 
appraiser, reported the value of $325 per acre as the highest 
and best use less the cost to develop. The appraisal was in the 
record; the appraiser had furnished other appraisals for the 
Trustees. Mr. Faircloth said that the court would require use 
of the value of the submerged land prior to filling. As a lawyer, 
he recommended the settlement, said there was no relationship 
between the Papy and Toppino matters, that the latter had a 
strong case of equity. 

Mr. Adams replied that it would have been better if the two 
matters had been reported separately and not confused, and Mr. 
Faircloth agreed. Mr. Adams questioned whether the Trustees 
should continue to handle after-the-fact matters, and again 
expressed his dissatisfaction with the proposed sale price for 
the Summerland Key land. 

Called on for comment, Mr. Turnbull said the Attorney General had 
adequately stated the facts and the law, that the Legislative 
committee in its investigation had found no criminal intent and 
no reason to take action on the Papy dredging. He brought out 
that part of the dredging was on Mr. Papy's own property for which 
he had a permit, that the Trustees were getting 11/zf a cubic yard 
for only that dredged from state land. Mr. Christian recalled 
that he was told at the July 30 meeting that it was a fair price 
for the state. 

Mr. Conner and Mr. Christian asked several questions regarding 
the value of the fill material and the appraisal. Mr. Turnbull 
said the Staff was justified in relying on the appraisal and he 
felt justified in making the recommendation based on it. Mr. 
Adams said it appeared to him that someone was making too much 
profit on the land now filled and said to have a $705,000 
existing value. 

On the suggestion of Mr. Conner, the Board directed that the 
staff report next week on the Papy fill matter and whether there 
has been proper payment and accounting. 

Replying to question of the Governor, Mr. Conner said that the 
subcommittee investigating the Randell charges and the reply of 
the Director to the charges, was not ready to report, having 
been requested by Mr. Randell for an opportunity to make a 
rebuttal which the committee was reviewing and the committee 
was awaiting further information from Mr. Randell. 

Mr. Adams suggested that since there appear to be discrepancies 
as to value, surveys, accounting, the Summerland Key sale be 
held up for further investigation. Governor Kirk said it was 
being held up at his request. It was agreed without objection. 

Mr. Christian said the Trustees acted in good faith, but he would 
not be opposed to re-examination of the appraisal or any other 
part of the transaction. The Governor said the Trustees would 
abide by the advice of the Attorney General and would operate in 
compliance with the law. 

With further reference to Monroe County, Mr. Adams said he had 
taken some photographs of dredging operations in the Keys which 
might be legitimate activities but he would like them investi- 
gated. Later in the meeting in connection with the Henning 

10-22-68 



- 112 - 



application, the Staff was requested to make a report on the 
areas in the photographs. 



BREVARD COUNTY - Bulkhead Line. Mr. Lee Wenner, Chairman of 
the Board of County Commissioners of Brevard County, Commissioners 
Leon C, Stomire and George King, Jr., requested consideration 
by the Trustees, as an emergency in the public interest, of a 
bulkhead line in the Indian River in Sections 19 and 20, Township 
26 South, Range 37 East, and in the Banana River in Sections 21 
and 22, Township 26 South, Range 37 East, Brevard County, which 
was unanimously adopted October 17, 1968, by the county for Pineda 
Causeway and bridges. Mr. Wenner said they were trying to comply 
with all rules and regulations, that validation of the bond issue 
would come up on Friday, and that the proposed new state consti- 
stution posed problems. He said it was a 40-year bond issue for 
the project which was endorsed by the various Chambers of Commerce, 
was also in the interest of Orange County, the State Road Department 
agreed to dredge material from deep areas outside vegetated flats, 
and that the line enclosed only the land required by the Road 
Department for control purposes. The Trustees asked a number 
of questions and on motion by Mr. Faircloth, seconded by Mr. 
Dickinson and adopted without objection, the rules were waived 
to allow consideration of the application. 

The Director pointed out that the biological report was adverse, 
but for a road project in the public interest the Staff would 
recommend overruling the report. 

Mr. Christian said he was in favor of the project, but the spoil 
should be taken in a way to minimize damage to marine life. 

Motion was made by Mr. Faircloth, seconded by Mr. Dickinson and 
adopted unanimously, that the Trustees approve the bulkhead line 
established by Brevard County on October 17, 1968, subject to 
dredging being done in approved dredge areas to minimize any 
damage to conservation values. 



BREVARD COUNTY - Dedication. The Board of County Commissioners 
of Brevard County by Resolution adopted October 3, 1968, applied 
for dedication by the Trustees for public park and recreational 
facilities of a 461.6 acre tract of swamp and overflow land in 
Township 24 South, Ranges 36 and 37 East, title to which is now 
vested in the State of Florida by U. S. Patent dated July 24, 
1968. (Information was that only 426.06 was available, 35.62 
acres having been dedicated previously as Kiwanis Island park, 
and 80 acres being in Citrus County.) 

Staff recommended dedication with the usual reversion clause in 
the event the land or any part thereof is not used for such 
purpose or is not used for a period of five years, and that the 
county be held responsible for any Flood Control District taxes 
or Other legitimate taxes on the land. 

County Commissioner George King, Jr., said the area had been 
unsurveyed and unmeandered, on request it was surveyed, registered 
and selected by the State of Florida under the Swamp Act to become 
state sovereignty lands, and that the area should be kept by 
Brevard County for conservation and recreation areas for the 
many citizens living in that concentrated area. He said any 
development of nature trails, etc., would be done with the 
cooperative planning of the Board of Conservation or Outdoor 



10-22-68 

- 113 - 



Recreational Development Council. 

Motion was made by Mr. Dickinson, seconded by Mr. Adams and adopted 
unanimously, that the tract be dedicated with the provisions as 
recommended by the Staff and set out above. 



BREVARD COUNTY - Perpetual surface easement. The Central and 
Southern Florida Flood Control District made application for 
surface easement over 2451.12 acres of swamp and overflow land 
in the Lake Washington area in Township 27 South, Range 36 East, 
title to which is vested in the State of Florida by U. S. Patent 
dated August 8, 1967. The area would be subject to being perma- 
nently or intermittently flooded as a result of the works of the 
District. 

The Director said that Mr. G. E. Dail, Jr., Executive Director of 
the District, had requested deferment of this matter. 

It was so ordered. 



MEAN HIGH WATER REPORT - On October 1, 1968, the Trustees 
received, and there was copied into the minutes of that date, 
the report of the Cabinet Conservation Subcommittee which made 
seven (7) recommendations to the Trustees of the Internal 
Improvement Fund. 

Consideration of the recommendations with respect to the Mean 
High V7ater Committee report was scheduled for this meeting. 

Secretary of State Tom Adams, Chairman of the Subcommittee, 
which also included Attorney General Earl Faircloth and 
Commissioner of Agriculture Doyle Conner, said that it was 
appropriate to bring the matter before the Cabinet for action 
as soon as possible, since the development of criteria to 
determine mean high water and establishment of necessary bench 
marks were critically needed. He felt that "this work called 
for the development of some staff without further burdening 
the Trustees' office which already had its hands full. 

The Director commented on his memorandum to the Trustees of 
October 18, 1968, which stated that one of the objectives of 
the Mean High Water Committee was to secure the installation of 
some 65 new bench marks at strategic point throughout the coast 
line to enable registered land surveyors and engineers to pre- 
pare surveys for private upland owners showing the line of mean 
high water, and that it had been the historic function and 
responsibility of the U. S. Coast and Geodetic Survey to 
establish these bench marks. All of the present markers have 
been installed by and under their supervision, based on sea 
level datum secured from installation and monitoring of tide 
gauges in the areas where the markers have been established. 

The Director on October 10, 1968, at a conference with U. S. 
Coast and Geodetic Survey department heads and officials in 
Rockville, Maryland, was advised that due to a recent cutback 
in the federal budget that agency would be unable to provide 
any assistance either in man power or in equipment or matching 
funds to implement the installation of additional bench marks. 

Motion was made by Mr. Adams, seconded by Mr. Faircloth and 
adopted unanimously, that the Trustees approve and adopt the 
recommendations of the Cabinet Conservation Subcommittee with 



10-22-68 
- 114 - 



respect to the Mean High Water Coininittee which were presented 
to the Trustees on October 1, 1968. 



OKALOOSA COUNTY - Artificial Reef, Section 253.03. Application 
was made by Greater Fort Walton Beach Chamber of Commerce 
for a permit for the construction of an artificial reef in the 
Choctawhatchee Bay off Black Point near Shalimar, Florida, in 
thirty-seven (37) feet of water. The reef will be approximately 
one acre in size and located at 30° 25' 26" North Latitude, 
86° 33' 45" West Longitude, with a minimum clearance of 22 feet 
mean low water. 

Florida Board of Conservation reported that the reef should 
provide productive bay fishing, particularly when bad weather 
prevents angling in the Gulf of Mexico. The Trustees' Staff 
recommended approval. 

Motion was made by Mr. Christian, seconded by Mr. Adams and 
adopted without objection, that the Trustees authorize issuance 
of an artificial reef permit to Greater Fort Walton Beach 
Chamber of Commerce for the usual $50.00 fee. 



MANATEE COUNTY - Dredge Permit, Section 253.123. Manatee County 
Highway Department applied for permit to dredge a channel in Palma 
Sola Bay at the mouth of the Palma Sola Creek in Section 6, Town- 
ship 35 South, Range 17 East, for the purpose of improving drainage 
from the creek, which is one of the major drainage systems in the 
county. Material removed will be placed behind adequately diked 
upland areas on the bay side of Palma Sola Road. 

Staff requested waiver of the biological study as provided by 
Section 253. 123 (3) (a) , since the public need will be served. 

Motion was made by Mr. Adams, seconded by Mr. Christian and adopted 
without objection, that the Trustees grant the request from Manatee 
County for a dredge permit. 



BREVARD COUNTY - Dredge Permit. Section 253.123. Florida State 
Road Department applied for a permit to remove 300,000 cubic yards 
of material from the Indian River in Section 17, Township 24 
South, Range 36 East, and to remove 290,000 cubic yards from the 
Banana River in Section 18, Township 24 South, Range 37 East, to 
be used for the construction and maintenance of State Road No. 
528, Section 70070-2511. The Trustees on October 15, 1968, 
granted temporary easements for these two dredge areas to the 
State Road Department. 

The Florida Board of Conservation report showed water depths 
in both areas generally greater than minus-6 feet mean low water, 
and the proposed dredging should not have significant adverse 
effect on marine life of the area. 

Motion was made by Mr. Dickinson, seconded by Mr. Adams and adopted 
without objection, that the permit requested by the State Road 
Department be approved. 



MARTIN COUNTY - Dredge Permit, Section 253.123. Florida Power 
and Light Company of West Palm Beach, Florida, applied for permit 
to install a submarine electric cable crossing the South Fork of 



10-22-68 

- 115 - 



the St. Lucie River in Martin County, 290 feet north of State 
Road No. 714 in Section 17, Township 33 South, Range 41 East. 

Staff requested waiver of the biological study as provided under 
Section 253. 123 ( 3) (a) since the proposed installation will serve 
the public need. 

On motion by Mr. Dickinson, seconded by Mr. Faircloth and adopted 
without objection, the Trustees approved issuance of the dredge 
permit to Florida Power & Light Company. 



MONROE COUNTY - Dredge Permit, Section 253.03. On September 24, 
October 1 and 15, the Trustees deferred action on the application 
to Fred P. Henning, Kings Point, Stock Island, Florida, to dredge 
material from the westerly 200 feet of the land purchased from 
the Trustees in Deed 24710(1950-44) dated December 19, 1967. 

The Florida Board of Conservation report, upon which the sale of 
submerged land was based, indicated that this westerly 200 feet 
contained no substantial marine resources to be protected or 
preserved. 

Representative Charles J. King of Fort Lauderdale, Florida, was 
present to speak on behalf of the applicant. It was a routine 
matter, he said, on land owned by the applicant, and action by 
the Trustees was required because the U. S. Corps of Engineers 
needed to be satisfied that the State of Florida had no objection 
before issuance of the Corps permit for dredging on land which he 
said had no significant value for preservation of natural resources. 

Mr. Dickinson commented that under the provisions of Section 
253.03 the Trustees have overall jurisdiction of sovereignty land, 
that the title to this parcel is now in Mr. Henning but the Corps 
of Engineers is looking to the Trustees to clear the state's 
interest, to waive objections with respect to the submerged parcel. 

Motion was made by Mr. Dickinson, seconded by Mr. Christian and 
adopted without objection, that the permit be issued to Mr. 
Henning. 

It was understood that Mr. Henning would use the area for mining 
rock material. Governor Kirk asked for information as to other 
mining operations and the Director said that this and Mr. Toppino's 
were the only two the office had knowledge of, but the Staff 
would check further and would be glad to receive the list and 
photographs of some type of operations in Monroe County noticed 
recently by the Secretary of State and find out if they were 
in order. 



POLK COUNTY - Dredge Permit, Section 253.03. An application from 
J. R. Paul for dredging canals in Lake Streety in Polk County 
was deferred for further checking with respect to the recommenda- 
tions from the Florida Game and Fresh Water Fish Commission. 



DREDGING NAVIGATION CHANNELS - Policy. The Bulkhead Section of 
the Trustees Office had several applications for permits to dredge 
new navigation channels in locations where the biological reports 
indicated no adverse effects to marine resources from the proposed 
work. The Staff requested direction from the Board as to whether 
the moratorium now in effect was applicable to such private 



10-22-68 
- 116 - 



applications for permits to improve navigation. 

The Director said he was uncertain whether navigation channels 
were to be included with the sales, dredge and fill and bulkhead 
matters which, under the Comptroller's motion on October 15, v;ere 
to be deferred for a period of not less than tv;o nor more than 
three months except for emergencies and public projects, 
or might be placed on the agenda. Fie mentioned a project in 
V7est Florida related to beach nourishment where a navigation 
channel would be very helpful to people there. He advised the 
Trustees that the applicants had paid $100.00 for the biological 
reports which were not adverse. 

Mr. Christian said he thought the moratorium would include the 
dredging of channels, and it was the general feeling of the 
members that the applications be withheld from the agenda until 
lifting of the moratorium. 



PINELLAS COUNTY - Dock Permit, Section 253.03. On motion by Mr. 
Christian, duly adopted, the Trustees authorized issuance of two 
state commercial dock permits which had been approved and 
submitted by Pinellas County Water and Navigation Control 
Authority, as follows: 

1. Ken Mar Enterprises Corporation, St. Petersburg 
Beach, Florida, to construct a dock in Boca Ciega 
Bay in Section 6, Township 32 South, Range 16 
East, Pinellas County. 

2. Leeco Gas & Oil Co., St. Petersburg, Florida, 

to construct a dock in Boca Ciega Bay adjacent to 
Lot 9, Bayway Isles Subdivision in Township 32 
South, Range 16 East, Pinellas County. 



SARASOTA COUNTY - Dredge Permit, Section 253.123, Florida Power 
& Light Company of Sarasota, Florida, applied for permit to 
insl^all a submarine distribution cable across Sarasota Bay from 
Coon Key to the mainland in Sections 13, 23, 24 and 25, Township 
36 South, Range 17 East, Sarasota County. 

Waiver of the biological study as provided under Section 253.123 
(3) (a) Florida Statutes, was requested, since the public need 
will be served by the work. 

On motion by Mr. Christian, seconded and adopted without objection, 
the Trustees approved issuance of the permit. 



SUWANNEE COUNTY - Disclaimer. On February 4, 1859, the W^s of 
the SW^ of Section 9, Township 5 South, Range 13 East, Suwannee 
County, was approved to the State of Florida for the use and 
benefit of the Pensacola and Georgia Railroad Company under Act 
of Congress of May 17, 1856. No instrument was issued by the 
United States or the State to the railroad under the Act evidenc- 
ing passage of title, other than reference on a list on file in 
the State Land Office, certified by the United States indicating 
passage of title from the United States to the railroad. 

Examination of the Suwannee County public records did not disclose 
a conveyance of the W^ of SW^j of Section 9 out of the railroad to 
other parties, and Mr. Donn Gregory, an attorney representing 



10-22-68 

- 117 - 



the record owner of this parcel, requested issuance of an ex parte 
disclaimer from the Trustees of any interest arising out of the 
grant by the United States to the railroad in 1859. 

The request was reviewed and approved by the office of the 
Attorney General. Staff recommended issuance of the disclaimer 
for $10.00 handling charge. 

Motion was made by Mr. Faircloth, seconded by Mr. Dickinson and 
Mr. Christian, and adopted without objection, that ex parte 
disclaimer be issued for $10.00 charge. 



DADE COUNTY - Duplicate deed. On motion by Mr. Adams, seconded by 
Mr. Dickinson and adopted without objection, the Trustees 
authorized issuance of a duplicate of Trustees' Deed No. 
24424(1909-13) dated November 21, 1966, to Nathan Cynamon, for a 
handling charge of $10.00 to replace the original instrument which 
was lost prior to recording in the public records. 



SUBJECTS UNDER CHAPTER 18296 

REFUNDS - Murphy Act, On motion by Mr. Dickinson, seconded by 
Mr. Williams and adopted without objection, the Trustees authorized 
refund in the amount of $10.00 each to the following two applicants 
for release of the state road right of way reservation contained 
in Murphy Act deeds, for the reason that the State Road Department 
declined to recommend release of the reservations: 

DeSoto County Murphy Act Deed No. 91 - Arcadia Abstract 
and Title Company, Inc. , applicant. 

Hillsborough County Murphy Act Dee^No. 4 23 
Insurance Agency of Tampa, Inc. Vap^L^ cant. 

1 



On motion duly adopted, the meetin^^as adjourned 







ATTEST 



DIRECTOR 



SECRETARY 



* * * 



Tallahassee, Florida 
October 30, 1968 



The Trustees of the Internal Improvement Fund met on this date 
in the Capitol Building, in Senate Hearing Room 31, with the 
follov;ing members present: 



Claude R. Kirk, Jr. 
Tom Adams 
Earl Faircloth 
Broward Williams 
Floyd T. Christian 
Doyle Conner 



Governor 

Secretary of State 

Attorney General 

Treasurer 

Superintendent of Public Instruction 

Commissioner of Agriculture 



10-30-68 



- 118 - 



Robert C. Parker Director 



At the request of the Secretary of State, the minutes of the 
meeting held on October 22, 1968, were held in abeyance for 
checking with the transcript. 



Reporting to Governor Kirk on the Cabinet Subcommittee which 
was investigating the Randell charges and the response of the 
Director, Commissioner Doyle Conner said all members had been 
asked to furnish any information that they had for review by 
the subcommittee, that the parties would probably ask to be 
heard by the full subcommittee on a date to be decided, and 
that the staff had been meeting extensively on the matter. 

The Governor said he did not think there was anything more 
needed from Mr. Randell, and indicated that the report was 
expected this week. Mr. Conner said there was additional infor- 
mation to be checked by the subcommittee which could not make 
its final report yet. 



QUARTERLY REPORT - The Trustees received the Quarterly Report 
of operations of the office of the Trustees of the Internal 
Improvement Fund for the quarter ending September 30, 1968, 
submitted by the Director in response to requirements of Rule 
13 of the Rules and Regulations of the Florida Cabinet. 



DADE COUNTY - The Director requested approval by the Trustees 
of the matter which was presented and approved on this date by 
the Board of Conservatioa vith respect to the application by 
5445 Collins Corporation to dredge offshore from Miami Beach 
in borrow areas 1,000 to 1,500 feet offshore from the established 
harbor line in the ocean to secure material for beach nourish- 
ment. Board of Conservation memo dated October 30, 1968, from 
Mr. K. D. Woodburn to the Director of Beaches and Shores, Mr. 
W. T. Carlton, reported that said borrow areas indicated no 
significant adverse effects. Mr. Parker said that the correct 
legal description would be furnished for the dedication of 
the borrow area. 

Motion was made by Mr. Christian, seconded by Mr. Adams and 
adopted, that the Trustees approve dedication of the borrow 
area offshore from the Hilton Plaza Hotel which is constructed 
on Lots 233 to 237 both inclusive, First Ocean Front Subdivision, 
Plat Book 9, Page 78, Public Records of Dade County, Florida. 



Governor Kirk asked about the reported thirteen illegal fills 
in the Florida Keys and the Director said he had submitted a 
report to each member before the meeting on this date on the ten 
photographs furnished by the Secretary of State. Mr. Adams 
called attention to the work "illegal" which he had not used; 
he only had asked the staff to check the areas to see whether 
they had been authorized. The photographs had been checked 
from the maps and records in the Trustees' office but not on 
the ground, most of them appeared to be upland development, one 
was an authorized sand lease, some pictures covered the same 
parcel of land, but the comments in the report as to several of 
the photographs indicated no record of a dredge permit, possible 
encroachment by a breakwater, and that one was on Upper Matecumbe 
Key in an area where the Trustees had recently denied a sale of 



10-30-68 

- 119 - 



submerged land. The staff was unable to identify one location 
from the photograph. 

The Director said it was not known whether the operations had 
occurred prior to the effective date of the Randell Act or the 
names of the owners, which would aid in investigation. The 
Governor asked why there had not been on-the-ground inspection. 
Mr. Adams felt that the considerable amount of activity in the 
Keys should be looked into, and the Director explained that the 
Board of Conservation officers did check and report those going 
on without permit to the staff which ordered the dredgers to 
stop. 

Director Randolph Hodges said frequently the officers find that 
the dredgers don't have their permit on the site, and in the 
questioning that followed it was brought out that the only 
administrative rule of the Trustees requiring a permit on the 
site was for issuance of a permit under Chapter 253.123 which 
v;as not applicable in Monroe County (excluded by law from provi- 
sions of the Bulkhead Act) . 

Motion was made by Mr. Faircloth, seconded by Mr. Williams and 
adopted unanimously, that an emergency administrative rule be 
adopted requiring a state permit to be on the site of all 
dredging or dredge-fill work on sovereignty submerged lands. 



LAKE COUNTY - Dredge Permit, Section 253.03. Application was 
presented from Charles M. Pool, President of Inland Groves 
Corporation of Clermont, Florida, for permit to remove 2,000 
cubic yards of material from Lake Minnehaha in Government Lot 
6, Section 26, Township 22 South, Range 24 East, Lake County, 
to place on upland property. Applicant tendered $100.00 as 
payment for the material. 

The Florida Game and Fresh Water Fish Commission reported 
favorably, subject to certain stipulations as to the dredging. 

Treasurer Broward Williams moved that the application be 
disapproved. After a brief discussion, and no second to the 
motion, Mr. Christian made a motion, seconded by Mr. Faircloth, 
that the application be approved. 

Mr. Williams said he voted no because he thought such applica- 
tions for dredging in lakes should be withheld while there were 
investigations going on, that they should be included in the 
state-wide moratorium as well as tidal waters, until the 
Legislature had given the Trustees guidelines. Mr. Conner 
also thought it should fall within the moratorium, unless it 
was an emergency. 

Mr. Christian said this was not a sale of public lands, that it 
was recommended by the Game and Fresh Water Fish Commission, and 
he thought it was the kind of improvement that the cabinet should 
approve. 

The Director said it had not been construed previously that the 
moratorium covered such fresh water lakes applications, but the 
staff would hold up lake applications if the Board desired. 

The application for lake material failed to be approved on the 
following vote: 



10-30-63 
- 120 - 



Ayes: Messrs. Kirk, Faircloth and Christian 
Nays: Messrs. Vvilliams, Conner and Adams. 



HIGHLANDS COUNTY - Florida Game and Fresh V^ater Fish Commission 
reported that Sun'n Lakes Estates, developers of uplands around 
Lake Grassy, were conducting a dredge operation in that lake. 
On-site inspection by a staff member found an extensive drag- 
lining operation had taken place and the operation was stopped 
pending receipt of a state permit. Florida Game and Fresh Water 
Fish Commission, in response to an application for permit, 
revisited the site and found most of the fill material had been 
spread out - some on v;hat appeared to be state land and the rest 
on applicant's upland. Applicant's engineer was advised by 
telephone and by letter the areas of probable encroachments on 
state land. 

On October 17, 1968, the site was again visited. The contractor, 
VThitaker Bros., was continuing the draglining work and told the 
field investigators that Mr L. N. Vv'eisser, President of Highlands 
County Title and Guaranty Company, developers of Sun'n Lakes 
Estates, told him the matter was cleared up and they had a permit. 
The investigators asked the contractor to stop until a permit 
was in hand. 

The Director, replying to the Governor's questions, said the 
staff had made several inspections in the past three or four 
months in an attempt to get the dredging stopped and the material 
which had been pushed out on state land pulled back onto the 
upland. 

Mr. Faircloth was authorized by the Trustees to take the necessary 
steps to protect the state's interest, on motion by Mr. Christian, 
seconded by Mr. Faircloth and adopted unanimously. 



BREVARD COUNTY - By Deed No. 19204 dated September 26, 1946, 
the Trustees conveyed fee title to the State Road Department 
covering right of way across the submerged bottoms of the 
Indian River for construction of causeway approaches and bridge 
for State Road No. 119, now State Road No. 402, by an instrument 
carrying the following covenant: "It is expressly agreed by 
the parties hereto as a condition to this conveyance that the 
State Road Department shall have no right or authority to sell, 
lease or encumber the above described property without the 
written consent of said Trustees or their joinder in any such 
sale, lease or encumbrance." 

The State Board of Conservation now wishes to relocate their 
local field office and radio tower on a portion of the causeway 
near the easterly end on a site containing 0.46 acre in Section 
35, Township 21 South, Range 35 East, Brevard County. The Staff 
recommended that the Trustees consent to such use of the parcel. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted 
without objection, the Trustees consented to use of the parcel 
for the purpose requested. 



DUVAL COUI^TY - Southern Bell Telephone and Telegraph Company 
requested 20-foot wide road right of way easement 172 feet 
long, over a portion of the Florida Forest Service Headquarters 
site near Dinsmore in Section 27, Tovmship 1 North, Range 25 



10-30-68 

- 121 - 



East, Duval County. For access to a new facility Southern Bell 
needed the road right of way, which will also benefit and has 
been recommended by the Florida Forest Service. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted 
without objection^, the Trustees approved the easement without 
cost to Southern Bell Telephone and Telegraph Company for 
access to the new company facility. 



VOLUSIA COUNTY - Staff requested authority to issue corrective 
deed for the purpose of correcting a typographical error in the 
lot number in description in Trustees Deed No. 20672 dated June 
7, 1954, to Ralph Owens et ux of Volusia County. On August 27, 
1962, Mr. Owens died and subsequently the surviving spouse, Mary 
Ov;ens, conveyed the land and other property to Floyd Leo Anderson 
et ux by a conveyance carrying the same erroneous Lot 2, instead 
of Lot 7. Therefore, the corrective deed should be issued to 
Floyd Leo Anderson, et ux. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted 
without objection, the Trustees authorized issuance of the 
corrective deed without charge. 



SARASOTA COUNTY - Mr. I. W. Whitesell, Jr., attorney, on behalf 
of Mr. and Mrs. Frank L. Parker, requested refund of money 
representing consideration at the rate of $100 per acre paid 
for 2.18 acres of submerged land in Lemon Bay in Sections 9 
and 16, Township 40 South, Range 19 East, as described in Deed 
No. 21265 and conveyed by action of the Trustees on June 26, 1956. 
The lands conveyed encroached in their entirety upon submerged 
lands previously conveyed in Trustees Deed No. 21042 dated 
October 7, 1955, to Florence U. Lord, grantee. As a result of the 
conveyance by Deed 21042 the Trustees had no lands to convey as 
described in Deed 21265; therefore, title has failed and under 
provisions of Section 253.29 Florida Statutes the Trustees have 
authority to refund purchase money, without interest. 

On motion by Mr. Faircloth, seconded by Mr. Williams, approved 
without objection, the Trustees authorized issuance of warrant 
in the amount of $2] 8.00 as refund of purchase money for the 
land described in Trustees Deed No. 21265. 



TRUSTEES ' MINUTES - Printing. Pursuant to authorization on 
August 20, 1968, the invitation for bids, as reviewed and approved 
by the Purchasing Commission, was duly advertised and the 
following two bids were received for printing and binding 150 
copies of Volume 36 of the minutes of the Trustees of the 
Internal Improvement Fund for the period from July 1966 through 
June 1968: 

Rose Printing Co., Tallahassee, $6.17 per page 
Estimated total $4,319.00 

St. Petersburg Printing Co. $7.83 per page 
Estimated total $5,481.00 

It was noted that the low bid amount was less than the cost 
of printing the preceding volume, $6.7 5 per page. 



10-30-68 



- 122'- 



On the motion by Mr. Adams, seconded by Mr. Williams, the 
Trustees accepted the low bid from Rose Printing Co. for 
printing and binding Volume 36 of Trustees' minutes. 



Secretary of State Tom Adams said he vould like to furnish to 
the Board some additional information developed by his office 
on the Summerland Key unauthorized filling matter, which was 
presented as a written statement dated October 30, 1968. 

Mr. Christian said that in view of the evidence prepared by the 
Secretary of State, and his understanding that the Governor had 
said there would be no issuance of deed on Summerland Key, he 
felt that the members should have an opportunity to review the 
matter. 

Attorney General Faircloth said he had just been handed the 
latest statement of the Secretary of State, that he was tired 
of trying this case every Tuesday before the Trustees and the 
public, and if the Governor would hold up that deed he intended 
to bring suit in the proper court for declaratory judgment action 
involving Mr. Toppino and Summerland Key Cove, Inc., to determine 
the rights of the State of Florida and the other parties involved, 
and he intended to enjoin the Secretary of State as a party. 

Mr. Adams assured him that his effort had been only to get all 

the facts, and he would be pleased to submit anything he had access 

to. 



Mr. Christian made a motion that the minutes reflect the position 
of the Trustees, that there will be no transfer of the deed until 
the Summerland Key matter was completed. Mr. Faircloth seconded 
the motion which was adopted without objection. Mr. Christian 
explained that the Director had no written request in the file^ 
from the Governor regarding holding >»© the deed. 



On motion duly adopted, the mee 



ATTEST 



( J^^ Cr (7^.JL^ 




DIRECTOR 



SECRETARY 



Tallahassee, Florida 
November 5, 1968 



The Trustees of the Internal Improvement Fund met on this date 
in the Capitol Building in Senate Hearing Room 31, with the 
following members present: 



11-5-68 



- 123 - 



Claude R. Kirk, Jr. Governor 

Tom Adams Secretary of State 

Broward Williams Treasurer 

Floyd T. Christian Superintendent of Public Instruction 

Doyle Conner Commissioner of Agriculture 



Robert C. Parker Director 



On motion by Mr. Adams, seconded and duly adopted, the Trustees 
approved minutes of the meetings of October 22 and 30, 1968. 



The Interagency Advisory Committee on Submerged Land Management 
will present Report No. 2 on "A Proposed System of Aquatic 
Preserves" to the Trustees for their consideration on November 
12, 1968. At the suggestion of Mr. Christian, the Trustees 
decided to begin the cabinet meeting at 9:30 A.M. on that date 
to allow time for presentation of the report, which will be 
acted on at a later meeting. 



COLLIER COUNTY - Dredge Permit, Section 253.123 Florida Statutes, 
Florida Power and Light Company of Sarasota, Florida, applied for 
permit for installation of a submarine distribution cable crossing 
Gordon Pass in Sections 21 and 28, Township 50 South, Range 25 
East, Collier County. Since the public need will be served by 
the cable. Staff requested waiver of the biological study as 
provided in Section 253. 123 (3) (a) Florida Statutes. 

Motion was made by Mr. Christian, seconded by Mr. Adams and 
adopted unanimously, that the Trustees authorize issuance of the 
permit. 



DUVAL COUNTY - Dock Permit, Section 253.03 Florida Statutes. 
Seagraves Service Center, represented by Harbor Engineering 
Company of Jacksonville, Florida, applied for a permit to construct 
a dock in the Ortega Riveir in Section 42, Township 3 South, Range 
26 East, Duval County. The dock would replace an existing dock 
that has to be removed to permit construction of a high rise 
bridge crossing the Ortega River adjacent to the existing dock 
facilities. All required exhibits, including $100 processing 
fee, were submitted. 

Motion was made by Mr. Williams, seconded by Mr. Christian and 
Mr. Adams, that the Trustees authorize issuance of the state 
commercial dock permit. 



PALM BEACH COUNTY - Dock Permit, Section 253.03, and Dredge 
Permit, Section 253.123, Florida Statutes. The Continental 
Con-Dev Company, represented by Mr. Charles D. McClure, made 
application for permit to construct four docks and to dredge a 
boat basin and navigation channel offshore from Ibis Island in 
Lake Worth in Section 14, Township 44 South, Range 43 East, Palm 
Beach County, for which all required exhibits and $100 processing 
fee were submitted. 

The application, placed on the agenda at the request of the 
Honorable Fred 0. Dickinson, Jr., State Comptroller, was approved 
by the Area Planning Board of Palm Beach County, the Florida Board 
of Conservation, and the Town of Lantana advised that they had 



11-5-68 
- 124 - 



authorized applicant to deposit the dredged-out material on the 
Town's trash dump. The Director explained that the material would 
be placed temporarily on a strip of land owned by the Town of Palm 
Beach with the town's approval, then hauled to the Lantana land- 
fill area. 

Governor Kirk asked whether there would be a profit made from 
hauling away the material or whether the state could make a charge 
for it. The Director explained that there might be costs involved 
in hauling the material, but that it would be placed on city-owned 
property which would benefit the Town of Lantana. 

Motion was made by Mr. Christian, and seconded by Mr. Adams, that 
the Trustees approve the application. Mr. Williams voted "No" on 
the motion which passed on a vote of four to one. 



ST. LUCIE COUNTY - Beach Erosion Control. The St. Lucie County 
Erosion District made application for (1) construction 
easement for the project area lying in the Atlantic Ocean seaward 
of the mean high water line of the uplands in the City of Fort 
Pierce in Townships 34 and 35 South, Ranges 40 and 41 East, St. 
Lucie County, and (2) easement covering borrow areas in the Indian 
River in the same location necessary for the source of material for 
the beach restoration. Although the biological report by Florida 
Board of Conservation dated September 6, 1968, covering the dredge 
areas showed that there would be adverse effects on marine life, 
in meeting on October 30, 1968, the Cabinet, sitting as the Board 
of Conservation, released funds for an erosion control project 
recommended by Director Randolph Hodges who said that the benefits 
to the beach outweighed the damage to marine life in this case. 
Based on this action, the Staff recommended that the requested 
easements be granted. Mr. Hodges said that apparently there was 
no other spoil site available within the economic capability of 
the county. The adverse report was with respect to a 200-foot wide 
and one-h?lf mile long area that would extend from a previously 
dredged channel from which material would also be dredged. 

Mr. Parker said that just prior to the meeting several telegrams 
were received objecting to the dredging, and several parties were 
present in opposition. Objectors requested delay, re-checking cost 
estimates, and obtaining material from some other site. 

Mr. Christian expressed the opinion that since the biological 
report was considered last week, that there was serious erosion 
damage and a state road endangered, there were no other sources 
of material for which the cost would not be too great, the plan 
was approved by the County Commissioners, Chambers of Commerce, 
city governments and Corps of Engineers, he did not think there 
was anything else for the Trustees to do but tc grant use of the 
requested dredge area. 

The Trustees heard from Mr. Astor Summerlin, representing a group 
called the Organized Fishermen of Florida, who read from the 
biological report and suggested that the material be taken from 
north of the inlet channel to preserve marine habitats. He said 
his group was not opposed to the beach erosion control program 
but had expected Mr. W. T. Carlton of the Division of Beaches and 
Shores, Board of Conservation, to meet with his group and explain 
the project before the dredging contract was awarded. He asked 
for a cost evaluation of an alternate dredge location and an 
opportunity to study the plan. 



11-5-68 

- 125 - 



Mr. Steve Lowe, president of a local fishermen's group, also spoke 
against issuance of the permit until they had more information 
about the dredge area, the location of which he said was not made 
known to his group until the day before this meeting. It was 
pointed out that one of the County Commissioners, Mrs. Marjorie 
Silver, had objections, and also the St. Lucie County Audubon 
Society. 

Answering the opposition and making further explanation to the 
Trustees, Mr. Cody F. Bailey, Chairman of St. Lucie County Erosion 
District and member of the County Commission, and Mr. Weldon B. 
Lewis, County Administrator, reviewed the history of the erosion 
problem, the fact that the plan of action had been worked on for 
three years, with much attention by the news media and approval 
by the electorate three times, that the proposed dredging area 
was realistic and the alternate suggested to the north would 
be prohibitive economically, that they had documented information 
and there had never been open opposition before even at a number 
of sessions attended by the parties now expressing objections. 
The erosion situation was critical, Mr. Bailey said. 

The Trustees asked questions and Mr. Williams pointed out that 
although part of the dredge area involved vegetated bottoms, it 
would provide a channel which would be useful to make boating 
and recreation areas available to a greater number of people. 

Governor Kirk said that the objectors were not very well informed 
and did not appear able to suggest any alternate but what would 
run the costs up considerably for the project. 

Director Randolph Hodges said that the Division of Beaches and 
Shores had set a time to go down and explain the dredging plan 
to the local people, but had not expected the project to move so 
fast. He said Mrs. Jimmie Robinson, representing the Organized 
Fishermen of Florida, had appeared last Tuesday but the Trustees 
met on Wednesday, instead, and she was unable to remain. He 
pointed out that the criteria by the U. S. Corps of Engineers had 
changed and delay might result in loss of their assistance in the 
project, and that his Staff felt that the benefits would outweigh 
the damage to marine life. Material would be taken from a spoil 
area suggested but that would not be enough for the beach 
nourishment by itself. 

Motion was made by Mr. Christian, seconded by Mr. Williams and 
approved unanimously, that the Trustees grant the request of the 
St. Lucie County Erosion District for (1) construction 
easement along the Atlantic Ocean for restoration and nourish- 
ment of the beach where part of State Road AlA and other construc- 
tion was endangered by critical erosion, and (2) easement covering 
borrow areas in the Indian River for the source of material for 
the beach restoration. 



TRUSTEES ' FUNDS - A matter involving use of Trustees' Funds as 
a loan for the purpose of making improvements in the Capital 
Press Corps area in the Capitol was withdrawn from the agenda. 



SUBJECTS UNDER CHAPTER 18296 

On motion by Mr. Christian, seconded by Mr. Williams and Mr. Adams 
and duly adopted, the Trustees approved Report No. 941 listing 
two regular bids for sale of lands in Columbia and Okaloosa 



11-5-68 
- 126 - 



Counties under provisions of Chapter 18296, Acts of 1937 - thej 
Murphy Act. 



On motion duly adopted the meetin 



ATTEST: 



C^./- fSY:^-^^ 




DIRECTOR 



SECRETARY 



* • * 



* * * 



* * * 



Tallahassee, Florida 
November 12, 1968 



The Trustees of the Internal Improvement Fund met on this date in 
the Capitol in Senate Hearing Room 31, with the following members 
present: 



Claude R. Kirk, Jr. 

Tom Adams 

Earl Faircloth 

Fred 0. Dickinson, Jr. 

Broward Williams 

Doyle Conner 



Robert C. Parker 



Governor 

Secretary of State 

Attorney General 

Comptroller 

Treasurer 

Commissioner of Agriculture 



Director 



On motion duly adopted, the Trustees approved minutes of the 
meeting held on November 5, 1968. 



INTERAGENCY ADVISORY COMMITTEE REPORT NO. 2 - Honorable Randolph 
Hodges, Chairman of Interagency Advisory Committee on Submerged 
Land Management, submitted the Committee's Report No. 2, "A 
Proposed System of Aquatic Preserves." The report set forth 
the general rationale and criteria for a statewide system of 
aquatic preserves, and proposed twenty-six offshore areas for 
initial establishment as elements of such a system. Mr. Hodges 
said it was hoped that the report was sufficiently comprehensive 
and that it would satisfy the Trustees' immediate need for 
information on this important subject. He pointed out that the 
contents of the report reflect only the majority thinking of 
the Committee itself; and he recommended that, before final 
action is taken by the Trustees on the establishment of specific 
preserves, consideration be given to holding one or more public 
hearings to solicit other views on the matter. 

After being assured that acceptance of the report would not 
preclude public hearings, Mr. Faircloth made a motion that the 
Trustees of the Internal Improvement Fund, in accordance with 
recommendations contained in Report No. 2 of the Interagency 
Advisory Committee on Submerged Land Management, 

(1) declare it to be the policy of the Trustees to estab- 



11-12-68 



- 127 - 



lish a system of aquatic preserves, the first phase of 
which shall include preserves in the general areas shown 
in Report No. 2; 

(2) that the Trustees herewith instruct the Staff, 
together with the Interagency Advisory Committee, to 
develop and submit to the Trustees as soon as possible 
a specific plan for providing, in the words of the 
Committee report, the "considerable additional field work" 
which will be necessary for "setting of exact boundaries" 
for these preserves, such plan to include cost estimates 
for Staff and other necessary expenditures; 

(3) that the Interagency Advisory Committee with the 
cooperation of all affected state agencies under the 
supervision of the Governor and Cabinet, continue to 
develop specific recommendations with respect to 
"Management responsibility for each preserve" which, 
in the further language of Report No. 2, "should be 
clearly set forth by the Trustees in the dedication 
instrument or by subsequent formal action." 

Mr. Williams said he had understood that the report would be 
received but no action taken on this date, and his concern was 
for people wanting to be heard. 

Mr. Faircloth thought action should be taken to approve the 
policy of aquatic preserves, which would not preclude hearing 
any objections at a later date. 

Mr. Adams seconded the three-part motion of the Attorney General, 
which he understood was a declaration of policy of the Trustees 
to establish a system of aquatic preserves, not necessarily those 
in the report, and was an instruction to the Staff to proceed 
with the "considerable additional field work" for defining 
boundaries, preparing cost estimates for necessary expenditures. 

Comptroller Dickinson was in favor of the motion as an expression 
of a philosophy and not necessarily a commitment to approve 
everything in the Committee report, for he might not agree with 
some areas therein. 

On the suggestion of the Secretary of State, Attorney General 
Faircloth amended his motion by including acceptance of Report 
No. 2. The amended motion, seconded by Mr. Adams, was adopted 
unanimously. 

Several interested parties were present, including Mr. Robert F. 
Cromwell, attorney from Riviera Beach, Mr. John P. Kertz and 
Mr. Charles Beall, who opposed establishment of one of the 
aquatic preserve boundaries at the eastern boundary of the 
Intracoastal Waterway at Jupiter where a planned development 
which was already approved by the Area Planning Board of Palm 
Beach County and the Town of Jupiter, would be affected. Mr. 
Faircloth and the Governor assured them that the motion did not 
preclude hearings, which would be conducted by the Staff. 

Mr. J. Lewis Hall, Jr., asked for information regarding the 
hearing and was assured that citizens would always have access 
to the Trustees as the final body. Mr. Dickinson said the Staff 
could handle preliminary hearings, but for his part, anyone who 
wished to be heard by the full Board would be granted that 
opportunity. 



11-12-68 
- 128 - 



The text of Report No. 2 of the Florida Interagency Advisory 
Committee on Submerged Land Management submitted to the Trustees 
on this date is copied into these minutes, as follows: 

A PROPOSED SYSTEM OF AQUATIC PRESERVES 

Background 

By virtue of its sovereignty, the State of Florida holds title 
to practically all submerged tidal lands lying between the line of 
mean high water and the outer territorial limits of the United 
States - a distance of three geographic (nautical) miles in the 
Atlantic Ocean and three leagues (nine nautical miles) in the 
Gulf of Mexico. Within the confines thus described lies an area 
of some ten thousand square miles, almost a fifth as large as the 
state's upland area. Much of this vast area of course is open 
water of varying depth, but much of it also is made up of coastal 
marshes, mangrove islands, grass flats, oyster bars, coral reefs 
and other features of estuarine, lagunal and similar nearshore 
tidal water bodies. It is with this latter type of submerged 
land area that this report is primarily concerned. 

A high degree of diversity characterizes the nearshore 
physiography of the Florida coastline. Whatever the physical 
conditions, however, the coastal waters are almost universally 
productive from a biological standpoint, providing one of the best 
marine sport and commercial fisheries in the United States. 
Additionally, these waters and their associated flora and fauna 
have great aesthetic appeal. In all their aspects, Florida's 
extensive coastal waters constitute one of the most valuable 
natural resources in the state - a fact made even more important 
by the fortunate circumstance of their being almost entirely in 
public ownership. 

It is a lamentable truism, however, that in this date and 
time man and nature cannot coexist on equal terms. Inevitably, 
population growth and economic development are attended by corre- 
sponding changes in the natural landscape, and the impact of such 
human progress is abundantly apparent in the physical alteration 
of Florida's coastal waters. Thousands of acres have been filled 
to create usable land, and thousands of acres more have been 
dredged to provide fill material or to create navigation channels. 
Coastal marshes and mangrove swamps have been drained for mosquito 
control and to improve upland property. Exploratory oil wells 
have been drilled, dead shell and sand mined, and numerous struc- 
tures of every size, shape and purpose erected. Pollutants in 
various forms have been introduced into the coastal waters in 
increasing amount. Despite efforts at every level to control 
and mitigate these effects, Florida's coastal waters stand to 
suffer only continuing impairment of their unique natural qualities 
as time goes on. 

From a purely practical standpoint, it is important to 
recognize the inevitability of further change along Florida's 
shoreline and to seek ways now to protect the natural values that 
remain. This can be done in a number of ways: by effective 
planning and zoning, by dredge and fill regulation, and other 
forms of control. Most of these measures, however, are reactions 
to problems or the threat of problems that already exist. One of 
the best ways to insure adequate overall protection for valuable 
coastal water areas before major problems materialize is to set 
aside select areas in permanent preserves, forever off-limits to 
incompatible human activity. A proposal for a statewide system 



11-12-68 

- 129 - 



of aquatic preserves for Florida is presented below. 

The Aquatic Preserve Concept 

Although all of Florida's coastal waters are valuable to 
the state in their natural condition and should not be indiscrimi- 
nately altered, the aquatic preserve concept assumes that some 
areas are more valuable in this respect than others, and that 
these can be reasonably identified and delimited. High value 
areas thus identified would be dedicated in perpetuity as aquatic 
preserves and would be managed in such a way as to protect and 
enhance their basic natural qualities for public enjoyment and 
utilization. Whatever then might happen in the surrounding area, 
the aquatic preserve - just as a public park or public forest - 
would remain as a living reminder of the natural conditions that 
preceded man. 

Selecting from a ten thousand square mile expanse of coastal 
water those specific areas to be designated aquatic preserves is 
certainly no simple task. There could easily be proponents and 
opponents of practically every discrete coastal area in the state. 
Obviously to make a judicious selection some serviceable criteria 
must be developed. It is to be hoped that the selection of 
aquatic preserves will not be only a one-time exercise, with no 
opportunity to refine criteria on the basis of accumulated 
experience as time goes on. As a point of beginning, however, 
the following factors should receive careful consideration. 

(1) Purpose . An aquatic preserve is intended to set aside an 
exceptional area of coastal water, its underlying bottom 
and the water column above, for preservation essentially 
in its natural or existing conditions by regulating all 
human activity which might have an effect on the area. 

(2) Types . An aquatic preserve will be characterized as 
being of one or a combination of three principal inter- 
related types: (a) biological, to preserve or promote 
certain forms of animal or plant life or their supporting 
habitats, (b) aesthetic, to preserve certain scenic 
qualities or amenities, or (c) scientific, to preserve 
certain features, qualities or conditions - which may or 
may not include biological and aesthetic - for scientific 
and educational purposes. It is not considered necessary 
to establish aquatic preserves for general outdoor 
recreation purposes - such as boating, water skiing, 
swimming, etc. 

(3) Quality . The quality of an area necessary to justify its 
establishment as an aquatic preserve will be determined 
largely on the basis of informed judgment, and the standards 
for this purpose will no doubt vary somewhat from place 

to place and will be modified as time goes on and circum- 
stances change. To provide for the highest possible degree 
of consistency, however, quality determination should be 
made in the same manner in each case (see "Mechanics"). 

(4) Size . The area of an aquatic preserve should be large 
enough to include the principal features which justify 
establishment of the preserve, and to provide a sufficient 
buffer zone to insure protection from unnatural peripheral 
influences. There will be practical minimum and maximum 
sizes for aquatic preserves, but these should be determined 
in each case individually. 



11-12-68 
- 130 - 



(5) Number . There should be no fixed limit on the number of 
aquatic preserves to be established, although each preserve 
should be clearly justified by its intrinsic merit. If 

a practical maximum should be evidenced later, new preserves 
could be added to the system by eliminating those of lower 
quality. 

(6) Distribution . An effort should be made to establish 
aquatic preserves for all areas of exceptionally high 
quality, regardless of their location. Otherwise some 
balance should be sought both in geographical distribution 
and in types of areas. Such balance is necessary in order 
for the aggregation of preserves to constitute a true 
statewide system. 

(7) Priority . Because virtually any number of aquatic preserves 
can be established simultaneously, the matter of priority 

is not necessarily of material concern. As a practical 
consideration, however, the order of selection and estab- 
lishment should be governed by the relative vulnerability 
of the qualities intended to be preserved. Preserves in 
close proximity to urban or other rapidly developing areas, 
or which are in imminent danger from some other source, or 
which are designed to protect rare or endangered species 
or other unique features, or which constitute the last 
vestiges of natural conditions within a given area, 
should be given early consideration. 

(8) Competing uses . In selecting areas to be set aside as 
aquatic preserves, consideration should be given to all 
potentially competing uses to insure that maximum utiliza- 
tion of the areas will inure to the public. 

While the above selection criteria are not at all specific, 
it is doubtful that it would be feasible at this point to propose 
a more detailed basis for selection. In the final analysis, the 
selection of aquatic preserves will be largely a matter of judgment 
under circumstances prevailing at the time. This brings up the 
subject of how aquatic preserves should be selected, established 
and managed, which is discussed below. 

The Mechanics for Establishing 
an Aquatic Preserve System 

Selection . Although operation of an aquatic preserve system 
undoubtedly would have to be coordinated among several agencies 
at both the state and federal levels, the Trustees of the Internal 
Improvement Fund, as owner of the underlying water bottoms, 
probably has the greatest proprietary interest and would be 
called upon for formal establishment of the preserves. To assist 
in the selection of aquatic preserves, however, it is recommended 
that the Trustees create a continuing inter-agency advisory 
committee for this purpose. The committee could act at the 
request of the Trustees or could initiate proposals for new 
preserves on its own. With the same agencies representing the 
same interests on the committee, there should be a high degree 
of consistency in the evaluation and selection of prospective 
preserves. 

Establishment . Formal establishment of an aquatic preserve 
should be accomplished by a resolution adopted by the Trustees, 
desirably with the formal concurrence of other governmental bodies 
which might have some jurisdiction in such matters. The resolu- 
tion should dedicate the affected water bottom in perpetuity as 



11-12-68 

- 131 - 



an aquatic preserve, and should define the area with a closing 
perimeter boundary capable of legal description. An atlas of 
aquatic preserves, on maps of a suitable scale, should be main- 
tained by the Trustees, and the dedication instrument for each 
preserve should be filed for record in each county in which a 
portion of the preserve might lie. In defining the boundary of 
a preserve, it should be the intent to include only lands or 
water bottoms owned by the state. Any included lands or water 
bottoms to which a private ownership claim might subsequently 
be proved would be automatically excluded from the preserve, 
although such exclusion should not preclude the state from 
attempting to negotiate an arrangement with the owner by which 
such lands or water bottoms might be again included within the 
preserve. As it might become practical, preserves should be 
identified in the field by appropriate boundary markers. 

Management . Management responsibility for each preserve 
should be clearly set forth by the Trustees in the dedication 
instrument or by subsequent formal action. The Trustees should 
adopt a uniform set of general management criteria covering all 
aquatic preserves, and, where appropriate, a set of special 
management criteria for individual preserves. Suggested general 
management criteria are as follows: 

(1) No alteration of physical conditions within an aquatic 
preserve shall be permitted except: (a) minimum dredging 
and spoiling for authorized public navigation projects, 
or (b) other approved activity designed to enhance the 
quality or utility of the preserve itself. It is inherent 
in the concept of the aquatic preserve that, other than 

as contemplated above, there be: no dredging and filling 
to create land, no drilling of oil wells or excavation for 
shell or minerals, and no erection of structures on stilts 
or otherwise unless associated with authorized activity, 
within the confines of a preserve - to the extent these 
activities can be lawfully prevented. 

(2) Specifically there shall be no bulkhead lines set within 
an aquatic preserve. When the boundary of a preserve is 
intended to be the line of mean high water along a particu- 
lar shoreline, any bulkhead line subsequently set for that 
shoreline will also be at the line of mean high water. 

(3) All human activity within an aquatic preserve shall be 
subject to reasonable rules and regulations promulgated 
and enforced by the Trustees and/or any specifically 
designated managing agency. Such rules and regulations 
shall not interfere unduly with lawful and traditional 
public uses of the area, such as fishing (both sport and 
commercial), hunting, boating, swimming and the like. 

(4) Neither the establishment nor the management of an aquatic 
preserve shall infringe upon the lawful and traditional 
riparian rights of private property owners adjacent to 

a preserve. In furtherance of these rights, reasonable 
improvement for ingress and egress, mosquito control, 
shore protection and similar purposes may be permitted 
by the Trustees and other jurisdictional agencies, after 
review and formal concurrence by any specifically 
designated managing agency for the preserve in question. 

(5) Other uses of an aquatic preserve, or human activity 
within a preserve, although not originally contemplated, 
may be permitted by the Trustees and other jurisdictional 



11-12-68 
- 132 - 



agencies, but only after a formal finding of compatibility 
made by the Trustees on the advice of any specifically 
designated managing agency for the preserve in question. 

Prospective Aquatic Preserves 
Recommended for Initial Establishment 

Generally in accordance with the concept and criteria set 
forth above, the following specific areas in the coastal waters 
of the State of Florida are recommended for initial establishment 
as aquatic preserves. It should be emphasized, however, that the 
following areas do not represent a complete screening of the 
possibilities, and for the time being should be regarded as only 
the first-phase elements of a statewide aquatic preserve system. 

Map 
reference 

A-1 Fort Clinch State Park (Nassau County) This is an 

aesthetic preserve designed to protect the area surrounding 
Fort Clinch State Park. It includes part of Cumberland 
Sound and the Atlantic Ocean north to the Georgia state line. 

A-2 Nassau Marsh (Nassau and Duval Counties ) This is a 

biological preserve intended to protect the extensive marsh 
areas associated with the Nassau and Amelia Rivers. It is 
a highly productive area for both fishing and birdlife, 
including migratory waterfowl. Lying between serious pollu- 
tion problems at both Fernandina Beach and Jacksonville, 
this area stands out as being still largely unspoiled. 

A-3 Little Talbot Island (Duval County ) This is an aesthetic 
preserve designed to protect the area surrounding Little 
Talbot Island State Park. It includes a portion of the 
Atlantic Ocean between Nassau Sound and the St. Johns River, 
and the marsh areas immediately west of the park. 

A-4 Pellicer Creek (St. Johns and Flagler Counties ) This is 
an aesthetic preserve designed to protect the area surround- 
ing Faver-Dykes State Park. It includes Pellicer Creek and 
its associated marshes from U. S. #1 to the Matanzas River. 

A-5 Tomoka Marsh (Flagler and Volusia Counties ) This is 
a combination biological and aesthetic preserve intended 
to protect the area around and extending north from Tomoka 
State Park. It would include portions of the Halifax and 
Tomoka Rivers, Tomoka Basin, and associated marsh areas. 
It is considered a highly important area for birdlife, 
including migratory waterfowl, and serves as a valuable 
nursery and feeding grounds for shrimp, young marine fishes 
and blue crabs. 

A- 6 Mosquito Lagoon (Volusia and Brevard Counties ) This is 
a combination biological and aesthetic preserve intended 
to protect the entire lagoon from New Smyrna Beach south 
to Merritt Island. Much of the southern part of the lagoon 
has been dedicated to NASA and is now managed as a part of 
the Merritt Island National Wildlife Refuge. This area is 
extremely important for birdlife, containing the largest 
concentration of waterfowl in the state. It is also 
important as a fishery area, and as a habitat for the 
manatee. Numerous mangrove islands give the lagoon a highly 
scenic aspect, which should be protected as a feature of 
the Canaveral National Seashore being proposed for the area. 



11-12-68 

- 133 



A-7 Banana River (Brevard County) This is a biological 

preserve designed to protect the Banana River south of State 
Road 528. This is an extremely important area for migratory 
waterfowl as well as other birdlife. Wintering waterfowl 
populations have been estimated as high as 300,000 birds, 
and several rare species are also present. In addition, 
the area is a valuable sport and commercial fishery. 

A- 8 Indian River - Malabar to Sebastian (Brevard County) 

This is a biological preserve intended to protect that portion 
of the Indian River from Cape Malabar south to Sebastian 
Inlet. This is an important waterfowl and wading bird area, 
with wintering waterfowl populations estimated as high as 
200,000 birds. It is also important as a sport and commer- 
cial fishery and is the best oyster producing area in 
Brevard County. With U. S. #1 paralleling the west shore 
along a high bluff, the aesthetic qualities of this area 
are also significant. 

A-9 Indian River - Vero Beach to Fort Pierce (Indian River 
and St. Lucie Counties) This is a biological preserve 
designed to protect that portion of the Indian River between 
Vero Beach and Fort Pierce. The area is characterized by 
extensive submerged grass flats and mangrove shorelines 
which make it well suited both for birdlife and for sport 
and commercial fishing. Wintering waterfowl populations 
alone are estimated as high as 100,000 birds. The preserve 
would also provide an added measure of protection for Jack 
Island State Park, on the east shore. 

A- 10 Intracoastal waters - Jensen Beach to Jupiter Inlet 

(Martin and Palm Beach Counties) This is a combination 
biological and aesthetic preserve which will protect that 
portion of the Indian River, Hobe Sound and connecting 
intracoastal waters between the Jensen Beach bridge and 
Jupiter Inlet. The area supports aquatic vegetation impor- 
tant to both birdlife and sport fish. In addition, it is 
a highly scenic area which will be a valuable adjunct of the 
state park proposed south of St. Lucie Inlet and of the 
existing Audubon preserve on Jupiter Island. 

A- 11 Loxahatchee River - Lake Worth Creek (Martin and Palm 
Beach Counties) This is a combination biological and 
aesthetic preserve designed to protect the Loxahatchee River 
system - especially the Northwest and North Forks - to the 
upper limits of tidewater, and the reaches of Lake Worth 
Creek immediately south of Jupiter Inlet. The Loxahatchee 
River system is of exceptional quality from a biological 
standpoint, and is one of a very few rivers in all of 
south Florida remaining largely in its natural state. 
Jonathan Dickinson State Park lies on the north side of 
the river and efforts are presently underway to acquire 
a tract of land on the south side also. Both this area 
and the mangrove island area in Lake Worth Creek support 
a wide variety of wildlife and are outstanding sport 
fisheries. 

A- 12 Biscayne Bay - Cape Florida to south county line (Dade 
County) This is a combination aesthetic and biological 
preserve designed to protect that portion of Biscayne Bay 
associated with the chain of reefs and keys from Cape 
Florida south to the Monroe County line. The high scenic 
quality of this area would be preserved to enhance 



11-12-68 
- 134 - 



existing Cape Florida State Park on the northern end and 
the proposed Biscayne National Monument on the south. The 
Featherbed Bank area with its rich biological features would 
be included. 

G-1 Fort Pickens State Park (Escambia and Santa Rosa Counties) 
This is an aesthetic preserve designated to protect the area 
surrounding Fort Pickens State Park and other proposed out- 
door recreation sites in this vicinity. It would include 
parts of the Gulf of Mexico, Santa Rosa Sound, Pensacola 
Bay and Big Lagoon. 

G-2 Yellow River Marsh (Santa Rosa County) This is a biologi- 
cal preserve intended to protect the marshes associated with 
the lower reaches of the Yellow River, Blackwater Bay and 
East Bay. The area is important for sport fishing and 
supports quality oyster growth. The importance of this 
area is emphasized by the adverse effects which similar 
marshes in the nearby Pensacola area have suffered. 

G-3 Rocky Bayou State Pane (Okaloosa County) This is an 

aesthetic preserve designed to protect the area surrounding 
Rocky Bayou State Park. It includes all of Rocky Bayou and 
adjacent parts of Choctawhatchee Bay. 

G-4 St. Andrews State Park (Bay County) This is an aesthetic 
preserve designed to protect the area surrounding St. Andrews 
State Park. It would include portions of the Gulf of Mexico 
and St. Andrews Bay, although some coordination may be 
necessary with the U. S. Navy concerning their interests 
in this area. 

G-5 St. Joseph Bay (Gulf County) This is a combination 

biological and aesthetic preserve which will afford protec- 
tion for the biological values in St. Joseph Bay and for the 
scenic values of St. Joseph State Park. The southern half 
of the bay contains the most extensive and luxuriant seagrass 
beds in this part of the state, and supports a highly signifi- 
cant sport and commercial fishery. The area is important 
also for waterfowl and wading birds. The northern part of 
the bay and the adjoining waters of the Gulf are included 
for the benefit of the park. 

G-6 Apalachicola Bay (Franklin and Gulf Counties) This is 
a biological preserve intended to protect one of the most 
productive marine biological areas in the state. It contains 
all of Apalachicola Bay from Indian Sound east to the St. 
George Island causeway, and the adjacent tidal waters and 
marshes associated with the Apalachicola River estuary. 
The commercial fishing values of this area, especially for 
oystering, are exceptional. The high productivity of this 
estuarine complex also supports a vast amount of birdlife, 
including large concentrations of migratory waterfowl. 

G-7 Alligator Harbor (Franklin County) This is primarily a 
biological and scientific preserve designed to protect the 
Alligator Harbor area extending west to Turkey Point and 
the Dog Island Reef. The protected harbor area is important 
for sport fishing and for shellfish. The adjoining area to 
the west is desired by the Oceanographic Institute of Florida 
State University - which has permanent field facilities 
located on nearby Turkey Point - as a preserve for scientific 
and education purposes. 



11-12-68 

- 135 - 



G-8 St. Martins Marsh (Citrus County ) This is a biological 
preserve which will protect an intricate complex of tidal 
streams, oyster bars, hammock-marsh islands and scattered 
mangroves in the Gulf of Mexico. The area is expecially 
valuable for birdlife, and because of the abundance of 
emergent vegetation it also has great scenic value. It 
adjoins Chassohowitzka National Wildlife Refuge on the south. 

G-9 Caladesi Island (Pinellas County ) This is an aesthetic 

preserve designed to protect the area surrounding Caladesi 

Island State Park. It includes parts of the Gulf of Mexico 
and St. Joseph Sound. 

G-10 Boca Cieqa Bay (Pinellas County ) This is a biological 
preserve intended to protect one of the few productive 
bottom areas remaining in Boca Ciega Bay. The area contri- 
butes to both commercial and sport fisheries, and provides 
added protection for Pinellas National Wildlife Refuge, 
which it surrounds. 

G-11 Cape Haze - Gasparilla Sound (Charlotte and Lee Counties ) 
This is a biological preserve which will afford protection 
for a highly productive area in Gasparilla Sound and Charlotte 
Harbor. The area is valuable both for birdlife and for sport 
and commercial fishing. It would provide a much needed buffer 
zone fcr the existing Island Bay National Wildlife Refuge, 
and because of the abundant emergent vegetation it also has 
high aesthetic quality. 

G-12 Matlacha Pass (Lee County ) This is a biological preserve 
designed to protect the highly productive area in Matlacha 
Pass, between Charlotte Harbor and San Carlos Bay. This is 
easily one of the most valuable marine habitats in the state, 
for both commercial and sport fishing. It also supports 
one of the greatest concentrations of waterfowl in the state, 
with winter populations as high as 300,000 birds, and is 
equally important for wading birds. Scenic qualities are 
also significant. 

G-13 Pine Island Sound (Lee County ) This is a biological 
preserve designed to protect the Pine Island Sound area, 
on the opposite side of Pine Island from Matlacha Pass, 
Like Matlacha Pass, this area is also highly important 
from the standpoint of both fishing and birdlife, and also 
has considerable scenic value. 

G-14 Cape Romano - Ten Thousand Islands (Collier County ) 
This is a biological preserve intended to protect the 
intricate complex of mangrove islands extending south from 
Cape Romano to the Everglades National Park. The area also 
has immense aesthetic appeal which could easily justify 
its establishment as a preserve even if the biological 
values were not sufficient. The area is biologically very 
productive, however, and supports a large population of 
shore and wading birds of many species. The area is the 
last nesting stronghold on the Florida Gulf coast for the 
American bald eagle and the swallowtail kite. Sport 
fishing in the area is also important. 

A general location map is attached, with each proposed 
aquatic preserve identified by the reference numbers assigned 
above. Individual preserve maps are also attached to illustrate 
proposed approximate boundary alignments. It should be emphasized 
that the setting of exact boundaries for most of these preserves 



11-12-68 
136 - 



will not be feasible without considerable additional field work. 



***** 



Note for the minutes: Maps corresponding to the numbered areas 

are on file in the office of the Trustees 
of the Internal Improvement Fund. 



DADE COUNTY - Dock Permit, Section 253.03. Application was 
made by The Bath Club of Miami Beach, Florida, for a permit to 
allow construction of four timber docks and timber pile dolphins 
in Indian Creek in Section 14, Township 53 South, Range 42 East, 
for which all required exhibits, including $100 processing fee, 
were submitted. 

Motion was made by Mr. Williams, seconded by Mr. Adams and 
adopted unanimously, that the Trustees authorize issuance of 
state commercial dock permit to the applicant. 



ESCAMBIA COUNTY - Dredge Permit, Section 253.123. Mr. H. A. 
Owsley, Jr., Vice Commodore, Pensacola Yacht Club, applied for 
permit for maintenance dredging in the existing boat basin and 
boat slips in Bayou Chico in Section 40, Township 2 South, Range 
30 West, Escambia County. 

Staff requested waiver of the biological survey as provided 
in Section 253. 123 (3) (a) Florida Statutes. 

Motion was made by Mr. Adams, seconded by Mr. Faircloth and 
adopted unanimously, that the Trustees authorize issuance of 
the dredging permit as requested. 



MONROE COUNTY - Dredge Permit, Section 253.03, File 57, 
Placed on the agenda at the request of Commissioner of Agriculture 
Doyle Conner for discussion was the application from Worlds 
Beyond, Inc., of Islamorada, Florida, for permission to construct 
a navigation channel adjacent to applicant's upland in Govern- 
ment Lot 1, Section 2, Township 60 South, Range 40 East, Key 
Largo, Monroe County. The proposed channel would be 1,000 feet 
long by 7 5 feet wide and 8 feet deep, and payment would be 
required for all material removed in excess of the maximum 
channel dimensions under existing policy. 

The biological report dated September 5, 1968, from the Florida 
Board of Conservation showed the proposed channel would result 
in the destruction of some valuable grassbeds but was not 
excessively large, would provide access to the applicant's 
property, and that the deposit of spoil on upland would minimize 
the damage. 

The applicant's representative. Representative Jeff D. Gautier, 
was present to submit information to justify consideration of 
the application within the provision of existing policy requiring 
the showing of an emergency or public purposes. He said that 
his client had received approval of Monroe County, did not wish 
to purchase state land, did not need fill material, but only 
wished to obtain a navigable approach to its property between 
Ocean Reef Channel and Garden Cove Channel where for approximately 
fifteen to eighteen miles there was no navigable access to upland 
property. The site being equi-distant from each said channel, he 
thought the channel would serve a useful public purpose. Also, 



11-12-68 

- 137 - 



his client's upland project, representing a considerable investment, 
depended on having navigable ingress and egress - which was the 
emergency nature of the application. He had spoken to Mr. Joe 
Browder who stated that the Audubon Society had no objections. 

In response to Governor Kirk's comment about the fill material, 
Mr. Gautier said that while his client did not need the material 
that would be removed from the channel, if it was required to be 
deposited on upland and paid for, the applicant would comply. 

Mr. Faircloth asked for the Staff recommendation as to the spoil 
and the Director said the applicant's plan showed three spoil 
areas adjacent to the channel designed to give some protection 
to the channel, inasmuch as they did not need the spoil material. 
Mr. Faircloth said that since deposit on upland would minimize 
the damage to grassbeds he would approve the application on that 
basis. 

Mr. Conner said that under the moratorium, , the matter was being 
discussed at this time to determine if it should be placed on the 
agenda. At that time more complete information and a recommendation 
from the Staff would be available. 

Motion was made by Mr. Faircloth, and adopted without objection, 
that the application be agendaed as coming within the provision 
of existing policy during the moratorium. 



MONROE COUNTY - Withdrawn from the agenda due to the absence of 
Mr. Christian was an application from Bud 'N Mary's Marina for 
dredging a channel extension at Upper Matecumbe Key. 



POLK COUNTY - Dedication, Section 253.03 Florida Statutes. 
Polk County applied for a small amount of additional right of 
way from property under use by the Department of Agriculture as 
a nursery site, which was needed in the realignment of Buckeye 
Road northeast of Winter Haven, Florida. The Department approved 
the request for a small triangle area at the southeast of the 
property containing less than 100 square feet. 

Staff recommended that the Trustees, holding title under 
Chapter 67-2236, dedicate the required right of way without 
cost to Polk County for road purposes only, subject to continued 
access being provided for the Department of Agriculture nursery. 

On motion by Mr. Adams, seconded by Mr. Williams and adopted 
unanimously, the Trustees accepted the recommendation as their 
action on the application. 



WALTON COUNTY - Dedication, Section 253.03 Florida Statutes. 
The State Road Department requested the Trustees, as holder of 
title under Chapter 67-2236, to issue a new dedication to correct 
an error in the legal description of that certain dedication 
instrument granted in 1958 by the Board of Education to the State 
Road Department covering right of way in fractional Section 16, 
Township 3 South, Range 19 West. Also, additional right of way 
was requested, where the proposed road would cross an arm of the 
lake located in the section. 

In 1964 the Board of Education had leased said section to the 
Park Board for development of a State Park. The Park Board 



11-12-68 
- 138 - 



reviewed the request and had no objection to the correction 
and widening proposed by the State Road Department of State 
Road S-30-A in Walton County. 

Motion was made by Mr. Williams, seconded by Mr. Dickinson and 
adopted unanimously, that a new dedication instrument be issued 
correcting the error in description and granting the requesi 
additional right of way to the State Rq^^ Department . 



On motion duly adopted, the meeti 



ATTEST 



.i ^Z^^cy- r^ (^=^ 




DIRECTOR 



SECRETARY 



* * * 



* * * 



* * * 



Tallahassee, Florida 
November 19, 1968 



The Trustees of the Internal Improvement Fund met on this date 
in the Capitol in Senate Hearing Room 31, with the following 
members present: 



Claude R. Kirk, Jr. 
Earl Faircloth 
Fred 0. Dickinson, Jr. 
Broward Williams 
Doyle Conner 



Governor 

Attorney General 

Comptroller 

Treasurer 

Commissioner of Agriculture 



Robert C. Parker 



Director 



On motion duly adopted, the Trustees approved minutes of the 
meeting of November 12, 1968. 



The Director asked for clarification of the desire of the Board 
as to hearings on Interagency Advisory Committee Report No. 2 
on a proposed system of aquatic preserves. If the staff was 
to conduct hearings, about seven locations could be selected 
which would cover the geographic areas under consideration. 

Mr. Dickinson thought that by having hearings in those areas, 
the hearing officers might find persons available to give more 
in-depth information. He said the Governor made it clear that 
after staff hearings were held, trying to resolve all matters 
that could be resolved, persons desiring to be heard by the 
Trustees would be afforded that opportunity. 

Mr. Faircloth said the sense of the motion last week was for 
staff procedure to implement what was done by the Trustees, and 



11-19-68 



- 139 - 



then to hear any objections; that the staff should make recom- 
mendations and then conduct hearings. Governor Kirk added that 
if hearings are held they should be out in the areas involved. 



LEE COUNTY - Governor Kirk said that a bulkhead line request from 
Lee County had been presented to him, to be brought to the 
Trustees' attention. 

The Director said he was advised that it had been requested as 
an emergency, and the staff could place it on the agenda for 
next week. 

It was so ordered. 



DUVAL COUNTY - Dredge Permit, Section 253.123, File No. 170. 
Request was made by M. H. Ramaeker, LTJG, CEC, USNR, Assistant 
Resident Officer in Charge of Construction, on behalf of the 
United States Naval Air Station at Mayport, Florida, for a 
permit to dredge 88,000 cubic yards of material from the St. Johns 
River adjacent to the U. S. Naval Air Station in Sections 19,20, 
29 and 30, Township 1 South, Range 29 East, Duval County, to be 
used in filling a cellular structure under construction for a 
deep draft berthing wharf at the west wall of the Naval Station 
turning basin. 

The Florida Board of Conservation reported that the proposed 
dredging would not affect marine resources in the area. 

Staff requested waiver of payment, since the material would be 
used by the United States Navy Department. 

Motion was made by Mr. Dickinson, seconded by Mr. Faircloth 
and adopted unanimously, that the Trustees grant the request 
for material without charge. 



ST. LUClE COUNTY - Dock Permit, Section 253.03. Mr. R. W. Burwell 
of Fort Pierce, Florida, applied for permit to replace and 
relocate an existing dock in the Fort Pierce Inlet, an arm of 
the Indian River, in Section 36, Township 34 South, Range 40 
East, in St. Lucie County. All required exhibits, including 
$100.00 processing fee, have been submitted and the staff 
recommended approval. 

Motion was made by Mr. Dickinson, seconded by Mr. Faircloth and 
adopted unanimously, that the Trustees grant the request for 
issuance of a state commercial dock permit. 



MONROE COUNTY - Dredge Permit, Section 253.03, File No. 57, 
The Trustees on November 12 discussed and authorized the staff 
to place on the agenda the application from Worlds Beyond, Inc., 
for a permit to construct a navigation channel in the Atlantic 
Ocean adjacent to applicant's upland in Section 2, Township 60 
South, Range 40 East, at Key Largo in Monroe County. The 
original request was for a channel 75 feet wide, 8 feet deep 
and 1000 feet in length. Mr. Jeff Gautier, attorney representing 
the applicant, said that his client would be willing to reduce 
the length of the channel from 1000 feet to 800 feet and place 
all material on the upland ownership, and payment of $740.00 
would be made for the estimated amount of material removed 



11-19-68 
- 140 - 



from the overcut at the standard yardage rate. 

The channel was needed to provide access to a marina being 
constructed within the applicant's upland ownership. Staff 
recommendation was favorable provided the channel length was 
reduced to 800 feet, spoil was placed on upland, and the overcut 
material was paid for by applicant. 

On motion by Mr. Dickinson, seconded by Mr. Faircloth and adopted 
unanimously, the Trustees approved issuance of the dredge permit 
on the basis recommended by the staff. 



PINELLAS COUNTY - Dock Permits, Section 253.03. The Pinellas 
County Water and Navigation Control Authority approved applica- 
tions for the following commercial dock permits: 

1. H. C. Crittenden, Clearwater, Florida, to construct 
a dock in Clearwater Bay in Section 17, Township 

29 South, Range 15 East; 

2. Jenard M. Gross Co., Treasure Island, Florida, 
to construct a dock in Boca Ciega Bay in Section 
24, Township 31 South, Range 15 East. 

All required exhibits including $100.00 processing fee were 
submitted with each application, and the staff recommended 
approval. 

Motion was made by Mr. Faircloth, seconded by Mr. Dickinson and 
adopted unanimously, that issuance of the two state commercial 
dock permits be authorized. 



DUVAL COUNTY - The Trustees deferred for a week consideration of 
a bulkhead line established by the Board of County Commissioners 
of Duval County on September 23, 1968, around a marsh area north 
of the St. Johns River in Sections 22, 23 and 26, Township 1 
South, Range 28 East, Duval County. The Director stated that 
the applicant's attorney and engineer could be present next 
week. 



SHELL LEASE REPORT - The Trustees accepted for the record the 
following report of remittances received by the Florida Board 
of Conservation from holders of dead shell leases: 

Lease No. Name of Company Amount 

1718 Radcliff Materials, Inc. $4,855.80 

2233 Bay Dredging & Construction Co. 5,765.49 

1788 Benton and Company, Inc. 8,852.69 

2235 Fort Myers Shell & Dredging Co. 1,181.25 



TRUSTEES FUNDS - On motion by Mr. Williams, seconded by Mr. 
Dickinson and adopted unanimously, the Trustees authorized the 
State Board of Administration to invest in like securities funds 
of the Trustees now in short-term U. S. Treasury bills in the 
amount of $210,000.00 (par value) maturing on November 21, 1968. 



11-19-68 

- 141 - 



Commissioner of Agriculture Doyle Conner, chairman of the 
committee including Comptroller Fred O. Dickinson, Jr. , and 
Attorney General Earl Faircloth, appointed to review the 
criticism by Representative M. T. Ted Randell who appeared 
before the Trustees on April 22, 1968, and recited certain 
matters he felt should be drawn to the Trustees' attention 
regarding the administration of the Trustees of the Internal 
Improvement Fund and in a prepared statement further and more 
specifically stated that the Randell-Thomas Act was not being 
implemented as intended, gave the report of the review committee 
on this date. Mr. Randall's prepared statement intended to call 
attention to an apparent trend toward disposal of public lands 
which seemed to have engendered comment directed to internal 
operation and administration of the agency. On July 2 the 
Director categorically responded to the items in Mr. Randell 's 
statement, and the latter replied to the response. 

The items enumerated were reviewed by the committee individually 
and many of them appeared to antedate Mr. Parker as Director 
of the Trustees - the majority of them back in the fifties, 
Mr. Conner said. The report stated that the Director applied 
his understanding of the law to circumstances presented by the 
applicants, recommended action to the Trustees, and the committee 
believed that since the passage of the Randell-Thomas Act 
many, if not all, of the directives have been implemented 
and policy adopted to establish integrity of the legislative 
mandate. Nothing could be found in Mr. Randell 's text that 
would support maliciousness on the part of the Director or staff 
of the Trustees, nor did the committee believe Mr. Randell 
intended such a charge. 

The committee report recognized Mr. Randell for his efforts 
to call the Trustees' attention to matters which he believed 
were indications of a drift in policy adverse to the people's 
interest. Mr. Conner said that the committee, with assistance 
of staff people, spent considerable time on each item suggested 
as being an area of concern, and he thought one thing that was 
established was the fact that through the years the Trustees 
had been tightening up, either through legislative mandate or 
their own initiative. The record showed disposition of about 
forty per cent as much submerged land during the last two or 
three years as back in the fifties. The area subject to 
criticism was the fact that this was not a clearly defined 
program but was handled on an individual basis with a philosophy, 
reflected in the record, of tightening up the procedures. 

Mr. Conner, in summation, said that the subcommittee found 
nothing illegal in the administration of the Trustees' office 
but would recommend that a committee of the Trustees be created 
and charged with the function to review completely and 
thoroughly the internal administration of the Trustees to the 
end that standard operating procedure is established and policy 
adopted to: 

1. Strengthen the method of appraising lands. 

2. Bolster the method of on-site inspections where land 
was being dredged. 

3. Determine staff needs. 

4. Develop an approach for liaison between government 
agencies and political subdivisions. 

Mr. Conner said this was an agency which had changed little in 
number of personnel, did not have field men needed, and 
while there was one staff member working with the cities and 



11-19-68 
- 142 - 



counties this should be improved. 

Governor Kirk thanked the subcommittee for their work and, follow- 
ing their recommendation, created a committee of the Attorney 
General as chairman, Mr. Conner and Mr. Williams to implement 
the above recommendations. 



SUBJECTS UNDER CHAPTER 18296 

On motion by Mr. Faircloth, seconded by Mr. Dickinson and 
adopted unanimously, the Trustees approved Report No. 942 
listing one regular bid for sale of land in Jefferson Count], 
under provisions of Chapter 18296 - the 



On motion duly adopted, the meet in 



ATTEST 



:Cl2£ZZli^=^ 



DIRECTOR - 




SECRETARY 



Tallahassee, Florida 
November 26, 1968 



The Trustees of the Internal Improvement Fund met on this date 
in the Capitol Building in Senate Hearing Room 31, with the 
following members present: 



Claude R. Kirk, Jr. 
Tom Adams 
Earl Faircloth 
Broward Williams 
Floyd T. Christian 
Doyle Conner 



Governor 

Secretary of State 

Attorney General 

Treasurer 

Superintendent of Public Instruction 

Commissioner of Agriculture 



Robert C. Parker 



Director 



On motion duly adopted, the minutes of the meeting of November 
19, 1968, were approved. 



The resignation of Mr. Parker as Director, which had been 
submitted to all members last week, to become effective on 
December 31, 1968, was accepted by Governor Kirk on behalf of 
the Board. 

Motion was made by Mr. Conner, seconded by Mr. Christian and 
Mr. Faircloth, and adopted unanimously, that a resolution 
thanking Mr. Parker for his services be drafted by the Attorney 
General for the records. 



11-26-68 



- 143 - 



LEE COUNTY - Bulkhead Line. Section 253.122 Florida Statutes. 
Consideration of a bulkhead line was placed on the agenda in 
response to the statement made last week by Governor Kirk and 
a letter from Mr. Julian L. Hudson, Chairman of the Board of 
County Commissioners of Lee County, advising that an emergency 
existed with regard to an erosion problem. 

By Resolution adopted June 19, 1968, the Board of County 
Commissioners of Lee County fixed and established a bulkhead 
line in Matlacha Pass in Section 24, Township 44 South, Range 
22 East. The Lee County Bulkhead Line Committee recommended 
approval of the line, and the Lee County Conservation Associa- 
tion was represented at the local hearing by Mr. Bill Mellor 
who said they did not object to anything that Mr. Ken Woodburn 
of the Board of Conservation took into consideration in his 
letter (dated May 24, 1968, attached as information to copies 
of the Trustees' agenda). 

The Florida Board of Conservation report stated that the line 
was a maximum of 8 feet offshore from the line of mean high tide 
and the remains of a wooden seawall, that a 25-foot wide by 
5-foot deep channel was proposed to be constructed adjacent to 
the bulkhead line, and that neither the bulkhead line nor the 
channel would materially or adversely affect marine life, 
habitats or fisheries. 

The file showed that there were three objectors at the local 
hearing, one objecting to any permit for dredging bay bottoms 
and two objecting if the line created any pockets. 

The Director called attention to the fact that the location 
was inside Matlacha Pass aquatic preserve (G-12) recommended 
in Report No. 2 of the Interagency Advisory Committee. 

In view of the approval and recommendations mentioned above, 
motion was made by Mr. Christian, seconded by Mr. Adams and 
adopted unanimously, that the Trustees approve the bulkhead line 
as established by Lee County on June 19, 1968. 



DUVAL COUNTY - Bulkhead Line. Section 253.122 Florida Statutes. 
Deferred last week at the request of Mr. Bradley Kennelly, 
attorney for the Jacksonville Port Authority, and presented for 
consideration on this date was a bulkhead line around the marsh 
area lying north of the St. Johns River in Sections 22, 23 and 
26, Township 1 South, Range 28 East, Duval County, which was 
established by the Board of County Commissioners of Duval Ci-^unty 
by Resolution adopted September 23, 1968. The line was fixed 
primarily to define a maintenance and construction spoil area to 
be used in the construction of the Jacksonville Harbor Project. 

On September 23 the bulkhead line was approved contingent on 
receiving a report from the Board of Conservation, and on 
September 30 the County Commission reheard and reconfirmed the 
bulkhead line, having in hand the biological report. There were 
no objectors reported present at the September 23 meeting, but 
on September 30 Mr. W. Curtis Lovelace objected at the County 
Commission meeting. He also filed letters of objection in the 
Trustees' office. 

The Board of Conservation reported that any subsequent filling 
of the submerged lands inside this bulkhead line would have 
adverse effect on marine life and resources. On November 7 the 
Board of Conservation reported that since the northerly limit 



11-26-68 
- 144 - 



of the proposed bulkhead line and overall potential spoil area, 
including productive marsh and tidal creeks, had been reduced by 
1400 feet, more than 200 acres was eliminated from Spoil Area 
MSA-7A, thereby reducing potential adverse biological effects. 

Staff recommendation was that in the event the Trustees approved 
the bulkhead line as established by the County Commission, the 
description as shown in the county resolution be modified to 
include the following language: "Excepting therefrom, however, 
those portions of the hereinabove described bulkhead line lying 
above the mean high water line." Also, Staff recommended that 
the approval be conditioned upon requirement of review and approval 
by the Attorney General that the action taken by the County 
Commission at the meetings of September 23 and 30 complied with the 
requirement of the statutes that a biological report made by and 
under the direction of the State Board of Conservation of the area 
included within the bulkhead line be at hand at the time the 
action was taken. 

Mr. F. Bradley Kennelly, attorney for Jacksonville Port Authority, 
summarized the history and plans of the harbor deepening project 
for which the local sponsor was responsible for acquiring spoil 
areas to meet requirements of the Corps of Engineers. The 
Authority was asking for consent for deposit of spoil on the marsh 
area made available by the North Shore Corporation within the 
bulkhead line. He said the tax payers had passed a bond issue for 
the harbor project, that any alternate areas would increase the 
cost in excess of a half million dollars. He agreed with 
Treasurer Broward Williams' observation that it might increase 
the value of the upland owner's property but the work was needed 
in order for the Jacksonville Harbor to retain its place as a port. 

Mr. Herman Ulmer, Jr., attorney for the corporation, said that 
firm was involved because it owned most of the marshes between 
Dames Point and the ocean on the north side of the river, that it 
offered perpetual easement on the back land and temporary easement 
on the other strip of land at no cost, assumed the cost of diking 
and would bear the expense of five pipeline crossings under 
Heckshire Drive. He said that the land would benefit some day, 
if no longer needed for maintenance easement, but it would not 
be overpayraent for fifty years' use. 

Mr. W. Curtis Lovelace read a long statement of objection to 
the bulkhead line, destruction of tidal marsh, and the free 
spoil material to a private owner when it might be transported 
or deposited on alternate areas. 

Mr. Ulmer thought there should be a policy decision from the 
Board for use of certain marsh locations for potential port 
developments, that we can't have breeding grounds and ports in 
the same place and a choice should be made to avoid controversies 
on every project. Mr. Faircloth said that was an excellent idea. 
It was pointed out that North Shore Corporation gave Little 
Talbot Island for a state park, that most of the stock in the 
Florida corporation was owned by the August Heckshire Foundation. 

Mr. Christian said in his opinion the public good of the port 
development overshadowed conservation here, that the area was 
reduced by 200 acres, and he was ready to move that the Trustees 
approve the bulkhead line as established by the Board of County 
Commissioners of Duval County. 

In answer to Mr. Faircloth' s question, Mr. Kennelly and Mr. Joe 



11-26-68 

- 145 - 



J. Koperski, Chief, Engineering Division of the Jacksonville 
District, U. S. Corps of Engineers, said it was absolutely 
essential to the project to use the area within the bulkhead line 
for disposition of spoil material from the harbor deepening. 

Motion was maj3e by Mr. Christian, seconded by Mr. Williams and 
adopted unanimously, that the bulkhead line be approved as 
recommended by the Staff, the description to be modified to 
include "Excepting therefrom, however, those portions of the 
hereinabove described bulkhead line lying above the mean high 
water line", and that approval be conditioned upon review and 
approval by the Attorney General of the action taken by the 
County Commission. 



BREVARD COUNTY - Dredge Permit, Section 253.123. The Florida 
State Road Department applied for permit to remove 120,000 
cubic yards of material from temporary dredge area in the Indian 
River south of State Road 518 approved by the Trustees in meeting 
October 15, 1968. The material was needed for construction of 
State Road Nos. S-3 and S-3-B, Sections 70590-2604 and 70670- 
2603 in Brevard County. 

The Florida Board of Conservation reported that water depths 
in the dredge area were greater than minus-five feet mean low 
water, and the proposed dredging should not have significant 
adverse effects on marine life of the area. 

Motion was made by Mr. Christian, seconded by Mr. Williams and 
adopted unanimously, that dredge permit be granted to the State 
Road Department, and that the regular charge of 10/d per cubic 
yard be waived. 



GLADES COUNTY - Dredge Permit, Section 253.03. Seaboard Coast 
Line Railroad Company, Jacksonville, Florida, applied for permit 
to replace the company's submarine cable crossing the Caloosahat- 
chee River Canal at Moore Haven, Florida. Replacement was 
necessary due to the flood control improvements being accomplished 
by and at the direction of the United States Government. 

Motion was made by Mr. Adams, seconded by Mr. Christian and 
adopted unanimously, that the requested permit be issued. 



MARTIN COUNTY - Dredge Permit, Section 253.123. Southern Bell 
Telephone and Telegraph Company, Jacksonville, Florida, applied 
for permit to install a submarine cable across the Intracoastal 
Waterway in the Gomez Grant in Section 37, Township 39 South, 
Range 42 East, in Martin County. 

Staff requested waiver of the requirement for biological or 
ecological report as provided under the provisions of Section 
253.123(3) (a) for the work which would benefit the public. 

Motion was made by Mr. Adams, seconded by Mr. Christian and 
adopted unanimously, that the requested permit be issued. 



MONROE COUNTY - Dredge Permit, Section 253.03. Placed on the 
agenda at the request of Mr. Christian, and deferred on November 
12, was the application submitted on September 26, 1968, by Bud 
'N Mary's Marina, represented by Mr. Jack Kertz, for a dredge 
permit to construct an extension to an existing channel in Section 



11-26-68 
- 146 - 



6, Township 64 South, Range 37 East, Upper Matecumbe Key, 
conforming to the maximum size allowed under Trustees' policy. 
Applicant applied for a 900-foot extension, but by letter dated 
November 13 amended the application to request only 300-foot 
extension across the sandy unvegetated area at the seaward end 
of the existing channel to conform with the Florida Board of 
Conservation report. 

The biological report stated that a sandy unvegetated area 
extended approximately 300 feet seaward from the end of the 
existing channel and spoil island, and the remainder of the 
project area was heavily vegetated with turtle grass and 
attached algae. It further reported that the 50-foot wide 
channel would provide access to the applicant's property and 
should not have serious adverse effects on the marine life of 
the area, and the extension of the existing spoil island to the 
end of the 300-foot unvegetated area should not cause adverse 
effects. Any spoil removed further than 300 feet offshore of 
the existing channel should be brought back to existing spoil 
area. 

Mr. William Roberts, attorney representing the applicant, was 
present to answer any questions as to the nature of the emergency 
application. 

Mr. Christian said he was ready to move approval for the channel 
extension. Mr. Faircloth seconded the motion, which was adopted 
without objection. 



PINELLAS COUNTY - Dock Permit, Section 253.03. The Pinellas 
County Water and Navigation Control Authority approved a dock 
application for North Bay Company of Clearwater, Florida, to be 
constructed in Clearwater Harbor adjacent to Lot 43, Unit 5A, 
Island Estates of Clearwater, in Clearwater Harbor in Section 8, 
Township 29 South, Range 15 East, Pinellas County. 

All required exhibits including $100 processing fee were submitted 
and Staff recommended issuance of a state commercial dock permit. 

Motion was made by Mr. Christian, seconded by Mr. Adams and 
adopted without objection, that the Trustees authorize issuance 
of a state commercial dock permit to North Bay Company. 



SHELL LEASE REPORT - On motion by Mr. Williams, the Trustees 
received for the record the following report of remittances 
received by the Florida Board of Conservation from holders of 
dead shell leases: 

Lease No. Name of Company Amount 

1718 Radcliff Materials, Inc. $ 3,296.27 

1788 Benton and Company 12,218.49 

2233 Bay Dredging & Constr. Co. 5,550.20 

2235 Ft. Myers Shell & Dredging 360.00 

2235 Ft. Myers Shell & Dredging 354.00 



SUBJECTS UNDER CHAPTER 18296 
JEFFERSON COUNTY - The State Road Department requested right of 

11-26-68 

- 147 - 



way easement for improvement and maintenance of State Road 
S-158-B in Jefferson County. The easement would cover 1.45 acres, 
more or less, in the NW^ of SW% of Section 23, Township 1 North, 
Range 4 East, which vested in the State of Florida under Chapter 
18296, Acts of 1937, the Murphy Act, by virtue of tax sale 
certificate No. 164 of 1932. 



Motion was made by Mr. Williams, seconded by Mr. Adams and 
adopted unanimously, that the easement be granted to the State 
Road Department for improvement and/fn^intenance of the stj(/e road, 



On motion duly adopted, the meeti/g ii^its ad jo 



ATTEST: 



C^^r^f^^J^_ 




DIRECTOR 



SECRETARY 



* * * 



* * * 



* * * 



Tallahassee, Florida 
December 3, 1968 



The Trustees of the Internal Improvement Fund met on this date 
in the Capitol Building in Senate Hearing Room 31, with the 
following members present: 



Claude R. Kirk, Jr. 
Tom Adams 
Earl Faircloth 
Floyd T. Christian 
Doyle Conner 



Governor 

Secretary of State 

Attorney General 

Superintendent of Public Instruction 

Commissioner of Agriculture 



Robert C. Parker 



Director 



Before considering the regular agenda. Attorney General Earl 
Faircloth, as Chairman of the Subcommittee appointed recently, 
taking note of the fact that Mr. Parker's resignation as Director 
was submitted and last week was accepted by the Trustees, 
suggested that Director Randolph Hodges of the Board of Conser- 
vation be named also as Director of the Trustees. 

Mr. Faircloth said that because of Mr. Hodges' long record of 
service for the Board of Conservation, and since he could find 
no legal impediment to having him fill the two positions, 
he made a motion that Mr. Hodges be designated as Director of 
the Internal Improvement Fund. 

Mr. Adams seconded the motion, stating that it was a most 
appropriate action in view of the constitutional mandate to 
reorganize the executive functions of government and also in 
recognition of the fact that one of the Trustees' problems had 



12-3-68 



- 148 - 



been the lack of field force and personnel. Such field personnel 
of the Board of Conservation could serve to combine the adminis- 
tration of both boards as an efficient operation. 

The motion was adopted unanimously. 



LEON COUNTY - Dedication. The Board of County Commissioners of 
Leon County requested road right of way through land in Section 
34, Township 1 North, Range 1 East, recently acquired by the 
Department of Agriculture from the United States, being a portion 
of the Federal Correctional Institution surplus property. The 
proposed road would be located along the north boundary of the 
state land, offering access to tracts being acquired by the 
Leon County School Board, County, and City of Tallahassee. 

The Department of Agriculture reviewed and approved granting the 
request without charge for the right of way. Staff recommended 
dedication to Leon County for road purposes only. 

Motion was made by Mr. Adams, seconded by Mr. Christian and 
adopted unanimously, that the Trustees dedicate the requested 
right of way to Leon County for road purposes only, without 
charge. 



BROWARD COUNTY - F.ile No. 2158-06-253.129. On motion by Mr. Adams, 
seconded by Mr. Christian and adopted unanimously, the Trustees 
authorized issuance of disclaimer to Venetian Incorporated under 
the provisions of Section 253.129 Florida Statutes, for handling 
charge of $10.00, covering a parcel of sovereignty land in New 
River Sound in Section 12, Township 50 South, Range 42 East, City 
of Fort Lauderdale, containing 0.93 acre which was filled prior 
to May 29, 1951. 



BROWARD COUNTY - Staff requested authority to issue ex parte 
disclaimer covering two separate parcels of land shown as being 
sovereignty in character on the plat of Wahoo Beach filed in 
the public records of Broward County, Florida, in March of 1925, 
but which are and have been upland in character since the early 
part of the 1930' s, the change in character apparently having 
been caused by accretion or an avulsion. The two parcels 
containing 0.71 acre lying in Section 29, Township 48 South, 
Range 43 East, Broward County, had been developed properties 
since prior to 1937. 

Motion was made by Mr. Christian, seconded by Mr. Adams and 
adopted unanimously, that ex parte disclaimer be issued for 
handling charge of $25.00. 



DUVAL COUNTY - File No. 2134-16-253.03. In connection with the 
bulkhead line approved by the Trustees on November 26, 1968, 
Mr. F. Bradley Kennelly, attorney for Jacksonville Port Authority, 
submitted an application for permanent and temporary spoil area 
easements in Sections 22, 23 and 26, Township 1 South, Range 28 
East, in the Hannah Mills - Sisters Creek complex. The easements 
were requested on behalf of the United States for the Jacksonville 
Harbor and St. Johns River deepening projects. 

Acreage contemplated was a total of 93.70 acres, of which 34.30 
would be under temporary spoil easement for a period not to 



12-3-68 

- 149 - 



exceed 5 years, and 59.40 acres under permanent easement. 

The biological report on the area, considered last week then 
the bulkhead line was approved, was unfavorable to filling of 
the lands involved. Staff requested authority to advertise 
the easements for objections only. 

The Director said the application was discussed at the liaison 
staff meeting and it was proposed that the easement if issued 
be conditioned upon the diking of the Hannah Mills Creek area 
to prevent silting and filling of the water of the creek, but 
the Trustees' Staff did not think the United States would accept 
such conditions. Last week the North Shore Corporation 
representative said they were willing to assume the cost of 
diking whatever had to be diked, and the Attorney General said 
he would like to have any such commitments clarified before 
issuance of the easement. The Director also mentioned a letter 
from the Engineering Division of the Corps of Engineers which 
stated that it was not planned to place spoil in any of the major 
creeks within the spoil areas and he thought the Staff could have 
those matters clarified within the time the easement was being 
advertised. 

On motion by Mr. Faircloth, seconded by Mr. Christian, the Trustees 
authorized advertisement for objections only. 



DUVAL COUNTY - Mr. F. Bradley Kennelly, attorney for the Jacksonville 
Port Authority, also submitted an application for permanent 
pipeline easements on behalf of the United States in connection 
with the spoil area easements in the above item. The pipeline 
easements would be 60 feet wide in Sections 22 and 25, Township 
1 South, Range 28 East, crossing a part of Cedar Point Creek and 
a part of Sisters Creek, both adjacent to the Hannah Mills and 
Sisters Creek spoil area complex. 

Motion was made by Mr. Adams, seconded by Mr. Christian and adopted, 
that the Trustees authorize issuance of the pipeline easements as 
required for the project. 



PALM BEACH COUNTY - File No. 20494"B"-50-253..123 and 253.124. 
Staff recommended approval (1) of fill permit issued by the City 
Commission of the City of Lake Worth in meeting September 3, 1968, 
to the said city as owner and Gulfstream Plaza, Inc., as lessee, 
to fill a 13-acre tract of submerged land in Lake Worth in Sections 
26 and 27, Township 44 South, Range 43 East, Palm Beach County; 
also (2) requested authority to issue dredge permit under provisions 
of Section 253.123 Florida Statutes to remove 88,000 cubic yards 
of material froip the designated dredging area lying immediately 
west of the subject 13-acre tract and bayward of the bulkhead line. 

By Deed No. 20494 dated September 23, 1953, the Trustees conveyed 
said tract with other bottom lands in fee simple without considera- 
tion and with a restrictive public purpose clause with reverter. 
On March 1, 1955, the Trustees released the restrictive covenant 
as it applied to the 13-acre parcel for the consideration of $100.00 
per acre payment for the land from the City of Lake Worth. In 
recognition of the release of the public purpose clause which was 
in the original deed as to the 13 acres, the Staff thought the city 
should pay the usual charge for fill material. The city remitted 
the sum of $8,800.00 in payment for the material. 

The city's application was placed on the agenda because the Staff 



12-3-68 
- 150 - 



construed it to be a public project and therefore not within the 
purview of the moratorium. The public interest of the City of Lake 
Worth appeared to justify favorable recommendation on the project 
although the biological report might be construed as adverse, in 
that it indicated that seagrasses do not occur on the submerged 
land at this time but if the water quality of Lake Worth were to 
be improved it was likely that seagrasses would become established 
in the area. (Report dated August 15, 1968.) 

There were present on behalf of this application Mr. Ray Pearson, 
attorney for Gulfstream Plaza, Inc.; Mr. Ray Steinhardt and Mr. 
Jack Adair for the developer, the latter an engineer and also on 
the Palm Beach Area Planning Board; Mr. George Ingersoll, Vice- 
Mayor of the City of Lake Worth, City Commissioner C. Ken Miller, 
and City Attorney John B. Waddell. The presentation included 
statements that the bulkhead line was in line to the north and 
south with other bulkhead lines, that the city had no marina and 
this project conceived in 1957, planned for ten years, approved b/ 
all local officials and citizens, was for lease, already executed 
and approved by the court in a test case, to Gulfstream Plaza, Inc., 
of the city property already placed on the tax rolls, the marina to 
be constructed by lessee and operated for ten years, if then found 
to be a losing proposition offered back to the city without charge. 
The marina would be for the public, under regulation by the city, 
would bring in an anticipated revenue of $100,000 per year, a great 
economic factor to the city, in a recessed area between other 
projecting fills, and while the city realized the movement toward 
conservation, it was stated that land exposed at low tide would not 
be high in marine life. 

Mr. Waddell presented the basic facts and added that in the instru- 
ment the city had preserved easement to allow for widening of the 
bridge and a setback for widening of ALA. The city-owned upland 
was leased for another phase of the development - a shopping center 
and motel, and while title remained in the city, under lease the 
land was on the tax rolls of city and county. 

Mr. Waddell had appeared before Palm Beach Area Planning Board on 
the matter, but because it had not at that time been considered by 
the Trustees the Planning Board felt it should not take action. 
He was sure they would consider it now. 

Mr. Faircloth moved adoption because of the staff recommendation, 
the worthiness of the project and his confidence in the parties 
making the presentation. 

Mr. Adams expressed the opinion that the public aspects were out by 
virtue of the payment by the city for release of the restrictive 
covenants, that the use was not public if leased by a private 
company, that it would not be consistent with other cases turned 
down by the Trustees, the City of Bradenton, for instance, and under 
the present moratorium he did not think the application should have 
been on the agenda since it fell neither under the emergency clause 
or as a public purpose. He said the Trustees had taken the position 
that such matters should be passed by the Palm Beach Planning Board 
before the Trustees considered them for development of a master plan 
for the use of the waterfront areas. 

The Director said in his opinion this was still a public project 
because the City of Lake Worth owned fee title, that the Staff felt 
it was in the public interest of the city, but it was up to the 
Trustees to make such decisions. He said in the Bradenton matter, 
it was a dedication. 



12-3-68 

- 151 - 



There were further questions and discussion, and the Director was 
asked when the moratorium would expire. Mr. Parker said that on 
October 15, 1968, the motion had been for a moratorium for not less 
than two months nor more than three months. Mr. Conner said they 
should be consistent, and the city would be in a better position 
after the moratorium was lifted. 

Mr. Faircloth then made a motion that the application by the City 
of Lake Worth for dredge and fill permit be referred to the Palm 
Beach Area Planning Board and be rescheduled for consideration by 
the Trustees at such time as there is a recommendation from that 
board or after the moratorium was lifted, whichever occurs the later, 

The motion was seconded by Mr. Christian and Mr. Conner, and 
unanimously adopted. 



ORANGE COUNTY - Dredge Permit, Section 253.03. Mr. H. M. Armantrout 
of Orlando, Florida, applied for permit to remove silt material 
from Lake Maitland adjacent to his upland Lot 6, Green Oaks Second 
Re-Plat, Plat Book Q, Page 96, Public Records of Orange County, 
Florida. Silt was to be removed from a strip of land 90 feet long 
with an average width of 10 feet, adjacent to and parallel to a 
seawall constructed on applicant's upland. Applicant tendered his 
check for $50,00, minimum payment. The silt would be replaced by 
trucked-in sand to improve the lakefront. 

Florida Game and Fresh Water Fish Commission had no objection to 
the work subject to standard stipulations in the permit. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted 
unanimously, the Trustees authorized issuance of the permit. 



POLK COUNTY - Dredge Permit, Section 253.03. Mr. J. R. Paul applied 
for permit to dragline two canals in Lake Streety in Section 24, 
Township 32 South, Range 27 East, Polk County, to deepen the area 
around the foot valves which were a part of his irrigation system 
used to irrigate 116 acres of citrus groves. The application 
appeared on the agenda for October 22, 1968, and was withdrawn at 
that time at the request of the Florida Game and Fresh Water Fish 
commission for further checking. The Commission offered no objection 
at this time, subject to standard stipulations in the permit. 

The applicant tendered check for $50.00, minimum charge, for the 
removal of 40 yards of material which would be placed on his upland. 

On motion by Mr. Christian, seconded by Mr. Faircloth and Mr. Adams, 
the Trustees approved issuance of the dredge permit. 



OKALOOSA COUNTY - Dock Permit, Section 253.03. Robroy Industries, 
Inc., of Destin, Florida, applied for permit to construct an addi- 
tion to an existing dock and to construct 18 boatslips in Old East 
Pass Lagoon at Destin Moreno Point in Township 2 South, Range 23 
West, Okaloosa County. All required exhibits including $100.00 
processing fee were submitted. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted, the 
Trustees approved issuance of state commercial dock permit. 



12-3-68 
- 152 - 



DADE COUNTY - Dredge Permit, Section 253.123. Goteck Investments, 
Inc., of Coral Gables, Florida, applied for permit to construct a 
boat basin in Biscayne Bay in Section 32, Township 54 South, Range 
42 East, Dade County, in the area in which the Trustees authorized 
construction of three docks under permit issued May 28, 1968. Appli- 
cant was under the impression that the basin construction was 
authorized at the same time the dock permit was approved. He 
tendered his check for $500.00 as payment for 5000 cubic yards of 
material removed from the boat basin and placed on his upland. 

The Board of county Commissioners of Dade County by Resolution 
R-896-68 adopted on August 6, 1968, authorized issuance of a permit 
for the dock and dredging project. 

Mr. M. B. Garris, Jr., applicant's engineer, explained the emergency, 
that developers of a condominium planned to provide dockage for the 
occupants of the apartments, they had the permit to build the docks 
but the water was only one to two feet deep and dredging a small 
basin was necessary to get the boats up to the docks. The applicant 
had thought the dock permit would include dredging at the same time. 
The material dredged would be placed on upland behind the existing 
bulkhead . 

Mr. Adams said that since the Trustees gave the applicant a dock 
permit in May, the question was their responsibility to allow 
dredging to insure access to the docks. Mr. Christian was in favor 
of dredging to provide access, the applicant to pay for the material 
removed . 

Asked for comments, Mr. Kenneth D. Woodburn of the Board of Conser- 
vation said the applicants had accommodated their plans to comply 
with suggestions in the biological report. 

On motion by Mr. Faircloth, seconded by Mr. Christian and adopted 
unanimously, the Trustees authorized issuance of the dredging permit. 



The following five applications for dock and dredge permits were 
prepared as an addendum to the agenda and on motion by Mr. Faircloth, 
adopted without objection, the rules were waived for the Board to 
consider the applications on this date. 



DUVAL COUNTY - Dock Permit, Section 253.03; 

Dredge Permit, Section 253.123. File No. 158. 

Mr. Dan Singleton, represented by Harbor Engineering Company of 
Jacksonville, Florida, applied for permit to construct a marina and 
boat basin in the St. Johns River in Section 38, Township 1 South, 
Range 29 East, at Mayport, Florida. Construction of a basin would 
be accomplished by dragline and the material trucked away. The 
Director advised that only a small amount of material would be 
removed from the channel within the maximum size dimensions 
according to Trustees' policy. 

The Florida Board of Conservation survey indicated no significant 
adverse effects on marine life. All required exhibits, including 
$100.00 processing fee, were submitted, and Staff recommended 
approval. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted 
without objection, the Trustees approved the application for dock 



12-3-68 

- 153 - 



and dredging permits. 



PASCO COUNTY - Dredge Permit, Section 253.123. File No. 146. 
Mr. James V. Hodnett, Jr., Sea Pines, Inc., of Hudson, Florida, 
applied for a permit to construct a navigation channel 5,000 feet 
long by 40 feet wide and 3 feet deep in the Gulf of Mexico extending 
from applicant's upland in Section 21, Township 24 South, Range 16 
East, Pasco County, in an area of the gulf which was extremely shallow. 
The five-foot contour was located 3.3 miles offshore from the mainland. 

The Florida Board of conservation reported that marine life, fisheries 
or habitats would not be significantly or adversely affected by 
dredging a 50-foot wide by 3-foot deep channel from the shoreline 
to deeper water across the shallow rocky bottom in the subject area, 
and placing the dredge material behind the line of mean high water. 
The Board of County Commissioners of Pasco County on September 10 
approved the project. 

On motion by Mr. Adams, seconded by Mr. Christian and adopted without 
objection, the Trustees authorized issuance of the permit. 



SANTA ROSA COUNTY - Dredge Permit, Section 253.123. File No. 157. 
Mr. Albert Golden of Milton, Florida, applied for permit to clean 
out and extend an existing channel in Escambia or East Bay in Section 
3, Township 2 South, Range 28 West, Santa Rosa County. The material 
removed would be deposited on applicant's upland, and channel dimen- 
sions did not exceed the Trustees' criteria. 

The Florida Board of Conservation reported scattered marine life in 
the shallov; area, that construction would have some adverse effects, 
but that the damage would be minimized if all spoil was placed on 
existing upland. 

On motion by Mr. Faircloth, seconded by Mr. Conner and adopted 
without objection, the Trustees authorized issuance of the permit. 



SARASOTA COUNTY - Dock Permit, Section 253.03, 

Dredge Permit, Section 253.123. 
Application was made by Fishermans Cove, Inc., of Sarasota, Florida, 
for permit to construct boat slips and docks, and to dredge for naviga- 
tion along the seawall constructed in Blind Pass in Section 32, 
Township 37 South, Range 18 East, Sarasota County. The material 
removed would be placed on upland property. 

The Florida Board of Conservation reported the project was not 
extensive but involved the reduction of valuable marine grasses and 
associated algae, and recommended that the minimum amount of material 
be removed and that areas not utilized remain intact. 

All required exhibits including $100.00 processing fee were submitted. 

Motion was made by Mr. Christian, seconded by Mr. Faircloth and Mr. 
Adams, and adopted without objection, that dock and dredge permits 
be issued. 



ST. JOHNS COUNTY - Dock Permit, Section 253.03, 

Dredge Permit, Section 253.123, File No. 147. 



12-3-68 
- 154 - 



Mr. Floyd L. Boatwright, for Boatwright'a Maurina, Inc., of St. 
Augustine, Florida, applied for permit to construct a dock and 
dredge a boat basin in the vicinity of the dock in the North River 
in Section 5, Township 7 South, Range 30 East, St. Johns County. 

The Florida Board of Conservation reported the proposed work should 
not have significant or adverse effects on marine life or fisheries. 

All required exhibits, including $100.00 processing fee, were 
submitted. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted without 
objection, the Trustees authorized issuance of the dock and dredge 
permits . 



Mention was made of the hearings being scheduled by the Director in 
certain local areas for discussion and information gathering on the 
aquatic preserves recommended in Report No. 2 of the Interagency 
Advisory Committee. At the request of Mr. Faircloth, the Director 
said he would cancel the hearings. 



TRUSTEES ' FUNDS - On motion by Mr. Christian, seconded by Mr. Adams 
and adopted unanimously, the Trustees authorized the State Board of 
Administration to reinvest in like securities the funds of the 
Trustees now in short-term U. S. Treasury bills in the amount of 
$204,000.00 (par value) maturing on December 12, 1968. 



SUBJECTS UNDER CHAPTER 18296 

On motion by Mr . Adams, duly adopted, the Trustees approved Report 
No. 943 listing 1 regular bid for sale of land in Alachua county 
under provisions of Chapter 18296, Acts of 1937 - the Murphy AcJ 



On motion duly adopted, the meeting wa 



ATTEST: V_x^^^*^r^ C^ L/^^^^ ^^'^*—^ 

DIRECTOR - SECRETARY 




12-3-68 



- 155 - 



Tallahassee, Florida 
December 10, 1968 



The Trustees of the Internal Improvement Fund met on this date in 
the Capitol Building in Senate Hearing Room 31, with the following 
members present: 



Claude R. Kirk, Jr. 

Tom Adams 

Earl Faircloth 

Fred 0. Dickinson, Jr. 

Broward Williams 

Floyd T. Christian 

Doyle Conner 



Governor 

Secretary of State 

Attorney General 

Comptroller 

Treasurer 

Superintendent of Public Instruction 

Commissioner of Agriculture 



Robert C. Parker 



Director 



On motion duly adopted, the Trustees approved the minutes of the 
meetings of November 26 and December 3, 1968. 



BROWARD COUNTY - Dredge Permit, Section 253.123, File No. 151. 

Dock Permit, Section 253.03. 
Aiden, Inc., represented by Arthur V. Strock and Associates, applied 
for permit to construct a dock and boat basin in the Intracoastal 
Waterway in Section 8, Township 48 South, Range 43 East, Broward 
County. The material removed would be deposited on applicant's upland 
property. All required exhibits, including $100 processing fee for 
the dock permit, were tendered. Also, applicant tendered his check 
for $41.15 as payment for the material at the rate which was in 
effect at the time the application was made. 

Florida Board of Conservation reported the submerged lands in the 
subject area were sandy and unvegetated, and the project should not 
have significant adverse effects on the marine life of the area. 

On motion made by Mr. Faircloth, seconded by Mr. Conner and adopted 
unanimously, the Trustees authorized issuance of permits for the 
commercial dock and dredging for the charge of $100 for dock permit 
and $41.15 payment for the material. 



DADE COUNTY - Dock Permit, Section 253.03. Seacoast Towers Five of 
Miami Beach, Florida, applied for a permit to construct a dock and 
mooring piles in Indian Creek in Section 14, Township 53 South, Range 
42 East, Dade County. All required exhibits, including $100 processing 
fee, were tendered. 

On motion by Mr. Christian, seconded by Mr. Adams and Mr. Faircloth, 
and adopted unanimously, the Trustees authorized issuance of the state 
commercial dock permit. 



DUVAL COUNTY - Dredge Permit, Section 253.123, File No. 179. 
Hess Oil and Chemical Corporation, represented by Harbor Engineering 
Company of Jacksonville, Florida, applied for permit to do maintenance 
dredging in applicant's Heckscher Drive marine terminal in the St. 
Johns River in Section 47, Township i South, Range 27 East, adjacent 
to Cut 49, Main Ship Channel. Said terminal was constructed under 



12-10-68 



156 - 



Department of the Army Permit SAJSP 57-352 in 1957 and 1958. 

All material removed in the maintenance dredging would be deposited 
on adequately diked upland. Staff requested waiver of biological or 
ecological survey as provided in Section 253 .123 (3) (a) Florida Statutes. 

On motion by Mr. Faircloth, seconded by Mr. Christian and Mr. 
Conner, the Trustees approved issuance of the permit for maintenance 
dredging. 



POLK COUNTY - Dredge Permit, Section 253.03. Mr. Clifford B. Hyder 
of Lakeland, Florida, applied for permission to construct a naviga- 
tion channel and boat basin in Lake Gibson adjacent to Lot 6, Block 
A, Gibson Park according to the plat thereof as recorded in Plat 
Book 40, Page 8, Public Records of Polk County, Florida. The material 
removed would be deposited on applicant's upland, and applicant 
tendered check in the amount of $50, minimum fee, as payment for the 
material. 

Florida Game and Fresh Water Fish Commission offered no objections 
to the proposed work subject to standard stipulations as to dredging. 

On motion by Mr. Adams, seconded by Mr. Dickinson and adopted without 
objection, the Trustees approved issuance of the permit to dredge a 
navigation channel and boat basin. 



SARASOTA COUNTY - File No. 2019-58-253.12. Presented for reconsider- 
ation of the action taken on September 24, 1968, was the application 
by Per A. 0. Scheutz, et ux, of Sarasota, Florida, to purchase a 
parcel of sovereignty land in Sarasota Bay in Section 24, Township 
36 South, Range 17 East, City of Sarasota, landward of the estab- 
lished bulkhead line, containing 0.93 acre, more or less, desired 
for landscaping purposes to enhance applicant's adjacent upland to 
be used for apartment construction. The applicant advised that he 
would accept deed subject to a drainage easement in favor of the 
State Road Department running diagonally across the parcel. 

Placed on the agenda for reconsideration at the request of the 
State Comptroller, the application, on which the Board of Conserva- 
tion report was not adverse, was advertised for objections only and 
on September 24 after hearing objections, the Trustees denied the 
sale apparently because of the question of valuation. 

Mr. R. E. Lowrey, Jr., M.A.I. Appraiser who made the appraisal of 
the parcel of land, was present on this date to answer any questions 
regarding his original appraisal and to present an updated appraisal. 
On being informed that he was present in an appraiser-client relation- 
ship with the Trustees, he said he had been appraising for the Trustees 
for 10 years, and his professional appraisal which considered the 
easement across the property and was brought up to date as of November 
22, 1968, valued the parcel at $26,500, on the basis of $28,500 per 
acre subject to the easement. He answered a number of questions, 
stating that part of the land was submerged, it would require fill 
to be utilized according to the city zoning requirements, that there 
were inaccuracies or inconsistencies in another report which had been 
mentioned and property being compared to the subject parcel was not 
in the same condition, that the easement would restrict any future 
building, and access was limited. Mr. Lowery said the price was 
very high for land in its proposed ultimate form. His original 



12-10-68 



- 157 - 



appraisal made about a year ago was made when he was not aware of 
the drainage easement, and he subsequently advised the Trustees that 
the detriment to the property could vary. The State Road Department 
has advised that they do not wish to release the easement, but it 
could be used with a drainage pipe. 

Mr. Christian said^. it looked like a true value, he didn't see how 
the state could benefit by holding the parcel, that the county would 
benefit by having it on the tax roll. Mr. Dickinson said he had 
investigated on the site, that the applicant was trying to beautify 
an unsightly parcel in front of his development, and Mr. Faircloth 
said there was no adverse biological report, no dredging involved, 
no building construction was intended but only landscaping, and the 
only problem was the price. 

Motion by Mr. Faircloth to approve the sale was seconded by Mr. 
Dickinson but questions by Mr . Adams followed and no vote was taken. 

Mr. Adams found it difficult to justify the sale at that price since 
there was considerable difference of opinion in the area of comparable 
properties. Also he said that denial on September 24 closed the file, 
there had been no new advertisement or notice to objectors, that it 
was denied during the moratorium and he could find no public purpose 
or emergency involved. 

There was discussion about the necessity to readvertise and regarding 
a use restriction and reverter in the deed. Mr. Faircloth said he 
intended that the deed contain a reverter. 

Mr. Adams said that since the technical questions were raised, he 
moved that the application be reconsidered. Motion was seconded 
by Mr. Dickinson and unanimously adopted. Whereupon Mr. Faircloth 
made a motion, seconded by Mr. Dickinson, that the sale be approved 
with the reverter in the deed. 

Senator Joseph A. McClain, Jr., attorney for the applicant, said it 
was agreeable to the owners of the upland to have a reverter clause 
so that no building would be constructed and if the parcel ceased to 
be used for beautif ication it would revert to the state. Mr. 
Williams said that was his understanding, no buildings but only 
beautif ication or recreation. Mr. McClain continued by explaining 
that his basis for asking for reconsideration was that he felt the 
Board had received misinformation on this application, pending for 
one and one-half years. There would be no building on the parcel, 
it would not be income producing, there were two thirty-foot building 
setbacks required by the city plus a thirty-foot ditch or easement 
in the middle. As to readvertising the sale, he did not know what 
the Trustees' procedure required but further delay would be undesirable 
for his client's building plans. 

Members questioned whether the moratorium affected this application 
which began prior to the moratorium. Mr. Williams said it would not 
violate the considerations which the moratorium was enacted for and 
he saw no reason not to let the land get on the tax rolls. Mr. 
Conner said he could vote in favor with a reverter in the deed, but 
he did not consider it an emergency and if it fell within the mora- 
torium he would like to hold it until the expiration of the moratorium. 

Mr. Adams said he did not realize that the motion intended that sale 
be reconsidered on this date, that the impropriety of no additional 
advertisement or notice and sale without public purpose or emergency 
were involved in a moratorium period, and that consistent procedures 
should be followed. 



12-10-68 
- 158 - 



Governor Kirk said he thought the members had agreed that the 
moratorium did not apply, but he was going to vote against this. 

Mr. Faircloth offered a substitute motion that the application be 
postponed, readvertised and brought back when it was in proper form. 
Mr. Christian seconded the motion which was adopted. 



Mr. Adams called attention to the matter of some cases in the Keys 
where state sovereignty land had been trespassed, and since the 
added personnel of the Conservation Board would be available he 
thought the Board would want Mr. Parker to pursue this. 

Mr. Parker said the staff had already taken action to bring it to 
the attention of the office of the Attorney General. 



SUBJECTS UNDER CHAPTER 18296 



On motion by Mr. Christian, seconded by Mr. Adams and adopted 
unanimously, the Trustees approved Report No. 944 listing two 
regular bids for sale of land in Jefferson County under the provi- 
sions of Chapter 18296, Acts of 1937 - the Murphy Act. 



On motion duly adopted, the meeting was 



ATTEST: C .^^i^^J^ /^- /T^^JL ^ 
DIRECTOR - SECRETARY 




* * 4r 



Tallahassee, Florida 
December 17, 1968 



The Trustees of the Internal Improvement Fund met on this date in 
the Capitol Building in Senate Hearing Room 31, with the following 
members present: 



Claude R. Kirk, Jr. 

Tom Adams 

Earl Faircloth 

Fred 0. Dickinson, Jr. 

Broward Williams 

Doyle Conner 



Governor 

Secretary of State 

Attorney General 

Comptroller 

Treasurer 

Commissioner of Agriculture 



Robert C. Parker 



Director 



12-17-68 



- 159 - 



On motion duly adopted, the minutes of the meeting of December 10, 
1958, were approved. 



DUVAL COUNTY - Bulkhead Lines, Section 253.122 Florida Statutes. 

Consideration was given to approval of the bulkhead lines as estab- 
lished by the Board of County Commissioners of Duval County located 
north of Heckshire Drive within Sections 21 and 22, Township 1 
South, Range 28 East, and on Fanning Island within Section 25, Town- 
ship 1 South, Range 28 East , on behalf of the Jacksonville Port 
Authority in connection with the Jacksonville Harbor and St. Johns 
River Deepening Project. Bulkhead lines were established primarily 
to define spoil areas (MSA-4, CSA-11 and CSA-12) to be used in 
connection with the Harbor Project. 

Pursuant to Section 253.122(3), the option of obtaining a biological 
report lies with the State Board of Conservation. By letter dated 
November 15, 1968, Mr. Kenneth D.Woodburn, Chief of the Survey and 
Management Section of the State Board of Conservation, stated: 
"Because of this previous joint biological survey no further studies 
were or are needed for the bulkhead lines for the subject spoil 
areas." As the office of Attorney General concurred with Mr. 
Woodburn, no biological report was required although previous 
studies indicated that the biological environment would be adversely 
affected by the proposed spoiling. 

In view of the fact that feasible alternate locations were not 
available for spoil areas, motion was made by Mr. Adams, seconded 
by Mr. Williams and adopted unanimously, that the bulkhead lines 
be approved as recommended, the description to be modified to include 
the following language: "Excepting there from, however, those portions 
of the hereinabove-described line lying above the mean high water 
line . " 



The Trustees acknowledged the fact that Interagency Advisory 
Committee Report No. 3, covering a review of bulkhead lines located 
in the 20 additional counties, would be submitted on December 31, 
1968. It was the consensus of the Trustees that no additional time 
would be necessary for the presentation and for this reason it was 
not considered necessary to change the hour of the meeting on that 
date . 



MARTIN COUNTY - Dredge Permit, Section 253.123 Florida Statutes. 

Florida Power and Light Company, West Palm Beach, Florida, applied 
for permit to install a submarine electric cable crossing the South 
Fork of the St. Lucie River in Section 17, Township 38 South, Range 
41 East, Martin County, north of State Road No. 714. The installa- 
tion was in connection with the relocation o f electric pole line 
facilities to clear construction of the SR 714 bridge by the State 
Road Department. 

The Staff requested waiver of the biological study as provided 
under Section 253.123 (3) (a) Florida Statutes. 

Motion was made by Mr. Williams, seconded by Mr. Adams and adopted 
unanimously, that the requested permit be approved. 



PINELLAS COUNTY - Dock Permit, Section 253.03 Florida Statutes. 

The Pinellas County Water and Navigation Control Authority 
approved an application from Mr. Robert M. Woods of Treasure 



12-17-68 
- 160 - 



Island, Florida, for a dock to be constructed in Boca Ciega Bay 
in Section 23, Township 31 South, Range 15 East, Pinellas County. 

All required exhibits including $100 processing fee were submitted 
to the Trustees' office for a state commercial dock permit. 

Motion was made by Mr. Williams, seconded by Mr. Dickinson and 
adopted unanimously, that the Trustees authorize issuance of a 
state commercial dock permit to Mr. Woods. 



SUMTER COUNTY - Dock Permit, Section 253.03 Florida Statutes. 

Mr. Peter F. Murray of Lake Panasoffkee, Florida, applied for 
permit to construct a covered boat storage structure in Section 
33, Township 19 South, Range 22 East, Sumter County. All required 
exhibits including $100 processing fee were submitted- 

On motion by Mr. Williams, seconded by Mr. Adams and adopted 
without objection, the Trustees approved issuance of state 
commercial dock permit to Mr. Murray. 



SANTA ROSA COUNTY - Dredge Permit, Section 253.123 Florida 
Statutes, File No. 181. 

The City of Gulf Breeze, Florida, applied for permit to install 
a sewer outfall in Santa Rosa Sound in Township 3 South, Range 29 
West, Santa Rosa County. 

The Air and Water Pollution Control Commission and the State 
Board of Health had no objection to the installation. Since the 
public need would be served, requirement of a biological study 
was waived as provided under Section 253.12(3) (a) Florida 
Statutes. 

On motion by Mr. Williams, seconded by Mr. Adams and adopted, the 
Trustees approved issuance of the dredge permit to the City of 
Gulf Breeze. 



BREVARD COUNTY - Dredge and Fill Permits, File No. 1943-05- 
253.124 and 253.123 Florida Statutes. 

Merritt Square corporation applied for a permit under the provi- 
sions of Section 253.124 Florida Statutes, to fill a 7.70 acre 
parcel of submerged land in Newfound Harbor in Section 36, Town- 
ship 24 South, Range 36 East, Brevard County, under contract to 
purchase as included in subject file. This permit was approved 
by the Engineering Department of Brevard County, Florida, on 
September 13, 1968. 

Merritt Square Corporation also applied for a permit under the 
provisions of Section 253.123 Florida Statutes, to remove 
333,203 cubic yards of material from the designated and approved 
dredging area lying east of the subject area and bayward of the 
bulkhead line. Of this total amount, 51,271 cubic yards would 
be required to fill to criteria the dedicated county roadway 
through this project and the applicant remitted the amount 
necessary to cover cost of the remaining cubic yardage at the 
rate of 10<: per cubic yard. 

Although there was an adverse biological report dated December 



12-17-68 

- 161 - 



21, 1966, submitted at the time the bulkhead line for this area and 
this particular sale were considered and approved by the Trustees, 
the Board on April 25, 1967 and November 21, B67, concluded that 
the public aspects and interest to be served to the county appeared 
to justify approval of the project. 

This application was placed on the agenda at the request of 
Treasurer Broward Williams by letter dated December 12, 1968. 

Messrs. James S. Taylor, Allston and Jewell were present to answer 
any questions that might arise. Mr. Allston and Mr. Jewell repre- 
sented the Chamber of Commerce, and Mr. Taylor was attorney for the 
applicant. 

On motion by Mr. Williams, seconded by Mr. Dickinson, the Trustees 
approved the dredge and fill permits as recommended by the Staff. 

The Governor and the Secretary of State voted against the motion, 
which carried on a vote of four to two. 



WALTON COUNTY - Section 253.03 Florida Statutes. 

The Florida Board of Parks recommended and requested authority to 
accept by donation the property of Miss Lois G. Maxon located at 
Point Washington on Choctawhatchee Bay. Known as "Eden", the home 
is a beautiful two-story colonial mansion situated on approximately 
10 acres of land. Miss Maxon desired to convey the land and 
structures to the State of Florida without cost conditioned upon 
the estate being used as a public park and historic memorial, and 
that she be allowed to occupy the large structure as her home rent 
free from January 1, 1969 to June 30, 1973. 

During her occupancy Miss Maxon will contribute $12,000 per year to 
the Park Board for continuing the development and maintenance of 
the grounds. At a later date the furnishings and art objects will 
be transferred to the State. Value of the estate had been 
appraised at $186,000. Title insurance will be furnished by Miss 
Maxon. She desired to convey her property to the State not later 
than December 31, 1968. 

Assistant Attorney General Halley B. Lewis assisted in the negotia- 
tions with Miss Maxon and her attorney, Earle R. Thompson, Jr., of 
Panama City, and was present at the Trustees' meeting to answer 
questions . 

Motion was made by Mr. Faircloth, seconded and unanimously adopted, 
that this property be accepted under the conditions outlined above, 
subject to approval of the title and terms of the conveyance by 
the Attorney General. 



PUTNAM COUNTY - Section 253.03 Florida Statutes. 

The State Road Department requested dedication of 30.45 acres of 
land for construction, improvement and maintenance of State Road 
No. S-309. The required right of way was part of the University of 
Florida Conservation Reserve. In securing the right of way, 
certain improvements would be affected. The Board of Regents and 
State Road Department reached a satisfactory settlement as to 
damages to improvements located on the required right of way. An 
agreement was drawn and approved by the Attorney General between 
the Trustees, State Road Department and Board of Regents whereby 



12-17-68 
- 162 - 



the Board of Regents would receive from the Road Department $9,330 
as reimbursement of damages to the property being taken for right 
of way. 

As a portion of the new right of way would eliminate existing 
permanent fire lines, the Road Department agreed to construct new 
fire lines to replace those lost in the widening of the road. In 
order to relocate the fire lines, the Road Department requested the 
Trustees to grant specific authorization by means of a permit which 
has been approved by the Board of Regents and Attorney General. 

On motion by Mr. Adams, seconded by Mr. Dickinson and adopted 
unanimously, the Trustees approved the agreement and permit and 
issuance of dedication of right of way to the State Road Department 
subject to the return to the Trustees of any surplus right of way 
resulting from relocation of the road. 



DUVAL COUNTY - On motion made by Mr .Adams, seconded and adopted 
unanimously, the Trustees authorized issuance of an easement to 
Jacksonville Electric Authority for the purpose of constructing an 
electric distribution line to furnish electric power to the radio 
tower located on the former Highway Patrol station site near 
Marietta on U. S. Highway 90. The Bureau of Law Enforcement was 
leasing the property from the Trustees, with the Highway Patrol 
maintaining continued use of the radio tower. 



TRUSTEES OFFICE - Printing. Bids were requested on December 15, 1968, 
for stationery and office forms (Class I Printing) for use in the 
Trustees' office. Payment would be made from budgeted funds. The 
following bids were received according to the specifications: 

Rose Printing Co., Inc. $937.97 

Triad Printing Co., Inc. 857.93 

The St. Petersburg Printing Co., Inc. 586.00 

General Office & Printing Co. 579.00 

Dupart, Inc. 461.55 

On motion by Mr. Adams, seconded and adopted unanimously, the 
Trustees accepted the low bid from Dupart, Inc. 



The Trustees by official action taken at the meeting of November 
26, 1968, accepted the resignation of the Director, Robert C. Parker, 
and requested Attorney General Earl Faircloth to draft a suitable 
resolution thanking him for his services. Pursuant to this action, 
the Attorney General submitted the following resolution which was 
unanimously adopted. 

RESOLUTION 

IVHEREAS, Robert C. Parker was appointed Director of the 
Trustees of the Internal Improvement Fund on November 1, 
1964, after earlier public service as an Assistant Attorney 
General of Florida and as a Mayor and Commissioner of the 
City of Tallahassee; and 

WHEREAS, Robert C. Parker organized a Land Division which, 
by Legislative mandate, now holds title in the Trustees to 
virtually all State lands and is responsible for overall 



12-17-68 

- 163 - 



direction and management of all such properties through 
the many using agencies; and 

WHEREAS, Robert C. Parker has served as Director of the 
Trustees of the Internal Improvement Fund during the 
difficult period of transition and readjustment from the 
pioneer days of rapid and sometimes inadequately planned 
development of Florida's natural resources to its current 
era of continuing rapid growth as a more mature state which 
must broaden its resource planning so that all future 
residents and visitors to the state can be assured of the 
use and benefit of publicly-owned marine assets; and 

WHEREAS, Robert C. Parker on December 3, 1968, did 
submit his resignation as Director; 

NOW, THEREFORE, BE IT RESOLVED that the Trustees of the 
Internal Improvement Fund of Florida, in recognition of the 
many years of public service by Robert C. Parker at the state 
and local levels, do hereby express their official apprecia- 
tion to him and wish him all success in his endeavors in 
the years ahead. 

IN WITNESS WHEREOF, we place our hands and seals this 
December 17, 1968. 



CLAUDE R. KIRK, JR. 

Governor 

TOM ADAMS 

Secretary of State 

EARL FAIRCLOTH 

Attorney General 

FRED O. DICKINSON, JR. 

Comptroller 

BROWARD WILLIAMS 

Treasurer 

FLOYD T. CHRISTIAN 

Superintendent of Public Instructic 

DOYLE CONNER // 

commissioner of Agriculture 



On motion duly adopted, the mee 



ATTEST: 




DIRECTOR - SECRETARY 



- 164 - 



12-17-68 



Tallahassee, Florida 
December 31, 1968 



The Trustees of the Internal Improvement Fund met on this date in 
the Capitol Building in Senate Hearing Room 31, with the following 
members present: 

Claude R. Kirk, Jr. Governor 

Tom Adams Secretary of State 

Earl Faircloth Attorney General 

Broward Williams Treasurer 



Robert C. Parker Director 



On motion duly adopted, the minutes of the meeting of December 17, 
1968, were approved. 



Mr. Broward Williams, State Treasurer, asked the Trustees to give 
consideration to a proposal in a memorandum which he had forwarded 
to each member, that the Trustees extend the moratorium on the sale 
and dredging and filling of submerged lands beyond the January 15, 
1969, expiration date, until either the end of the next regular 
session of the Legislature or until the Legislature sets forth guide- 
lines for the handling of these submerged lands, whichever comes 
sooner. He made this proposal as a motion. 

Mr. Williams said his reasons were that conservation of our natural 
resources had been his predominant consideration in handling appli- 
cation for purchasing, dredging and filling of state lands, subject 
only to an overriding public interest; that a state-wide moratorium 
in effect for several years, imposed to enable the Legislature to 
study and recommend guidelines, had resulted in the Randell Act 
which was good but not strong enough and Legislative Committees were 
working in preparation for the 1969 session on these matters; that 
Director Randolph Hodges of the State Board of Conservation, assuming 
the additional and temporary duties of Director of the Internal 
Improvement Fund, would need time to reorganize the Internal Improve- 
ment Fund Staff and to develop a more effective system to handle 
applications for the purchase, dredging and filling of state lands. 

Mr. Williams said he would like to see the moratorium extended, to 
permit the consolidation of the agency to proceed more efficiently 
and to permit the institution of some systems which Mr. Parker and 
some others had worked on, which would be available to Mr. Hodges. 

Attorney General Faircloth questioned whether the right policy 
would be to keep extending the moratorium or to proceed with the 
business of implementing the reports of the Interagency Committee 
on Submerged Land Management. He thought that implementation of 
the reports, particularly No. 3, would obviate the necessity of 
extending the moratorium. There had been no second to Mr. Williams' 
motion, and Mr. Faircloth proposed a substitute motion, as follows: 

I move that Report No. 3 of the Interagency Committee on 
Submerged Land Management be adopted and that this statement 
of Trustees' philosophy, as contained in Reports No. 1 and 
No. 3, be transmitted to all county commissions, municipal 
officials and other local public bodies having initial 
authority in this regard, with the recommendation that these 
bodies use these reports and the criteria set forth in the 



12-31-68 

- 165 



Trustees' printed administrative rule number 200-2.02 
"Bulkhead Line Criteria", as amended by the Trustees on 
May 7, 1958, as guides in reviewing existing bulkhead 
lines and establishing new bulkhead lines within their 
jurisdictions; and 

That the Director be instructed to report v;ithin 60 days 
on what, if any, action has been taken by these local 
authorities with respect to recommendations contained in 
thesG Reports No. 1 and No. 3, relating to 29 counties. 

Mr. Parker advised the Trustees that Report No. 1 had already been 
sent to counties and municipalities. 

Secretary of State Tom Adams recalled that the Board had given 
assurance to several groups that before any boundaries were set 
or estuarine areas approved, public hearings would be held. A 
series of public hearings had been set up but postponed at the 
request of the Trustees, and Mr. Adams said the assurances given 
to the public generally should be heeded before actual adoption of 
the estuarine areas. 

Mr. Faircloth said that had reference to Report No. 2, not involved 
in his motion. He added that adoption of the motion would set 
forth Reports No. 1 and No. 3 as Trustees' philosophy and put the 
reports in the hands of local authorities, but would not preclude 
going ahead with hearings on the boundaries of the aquatic preserves. 

The motion made by Mr. Faircloth, set out above, was seconded by 
Mr. Adams and upon vote, adopted unanimously. 

Governor Kirk thanked Mr. Hodges, Chairman of the Interagency 
Advisory Committee, for presentation of Report No. 3. 

As information, it v;as noted that Report No. 1 covered review of 
bulkhead lines in nine (9) counties, being Brevard, Dade, Monroe, 
Palm Beach, Pinellas, Lee, Manatee, Duval and Sarasota Counties, 
and was considered by the Trustees in special meetings on Septem- 
ber 3 and 17, 1958. Report No. 3 covered the review of bulkhead 
lines in twenty (20) additional counties as set forth in the 
following report. 

REPORT NUMBER 3 
TO THE 
TRUSTEES OF THE INTERNAL IMPROVEMENT FUND 

BY THE 

florida interagency advisory committee 
on submerged land management 

bulkhead line reviev/ and recommendations for bay, broward, charlotte, 
clay, dixie, escambia, flagler, franklin, gulf, hernando, jefferson, 
levy, nassau, okaloosa, putnam, st. johns, santa rosa, taylor, 
v;akulla, and walton counties 

INTRODUCTION: Twenty counties are covered by this report. Nine 
(Dixie, Flagler, Hernando, Jefferson, Levy, Nassau, Putnam, Wakulla, 
and V/alton) have no state-approved bulkhead lines. Clay, Escambia, 
Okaloosa, and Taylor Counties have only two bulkhead lines. 
Franklin, St. Johns, and Santa Rosa have three bulkhead lines. 
Bay, Charlotte, and Gulf Counties have four bulkhead lines. These 
counties with no or few bulkhead lines present an excellent oppor- 
tunity for use of the bulJdiead line as a valuable planning tool 
to encourage and promote conservation and orderly development. 



12-31-68 
- 166 - 



The Conmittee recommends that bulkhead lines be established at the 
mean high water in those areas where there are no bulkhead lines, 
except in cases supported by ample evidence that such departure is 
in the public interest. 

BAY COUNTY ; East Bay, North Bay, West Bay, and St. Andrews Bay 
comprise a large inshore fishing and recreational area for the 
residents of Panama City and neighboring inland counties, and 
tourists, particularly from Deep South states. Much of the shoreline 
of these bays is high enough for human habitation and development 
without filling. Bulkhead lines in Fannin Bayou and Goose Bayou 
are recommended for relocation to the mean high water line. Bulkhead 
lines in Watson Bayou and along the north shore of St. Andrews Bay 
toward Hathaway Bridge are recommended for confirmation. 

BROWARD COUNTY : Broward County has much coastal development and 
many bulkheads (seawalls) containing filJ.ed real estate. Broward 
has little in common with the other coastal counties included in 
this report. 

Even before the extensive dredging and filling to create the Venetian- 
like dov/ntown waterfront of Ft. Lauderdale and vicinity, Broward 
County's open estuarine areas were limited. Much of the waterfront 
real estate has been created at the expense of mangrove habitat. 
Except for mangrove growth remaining at the southern end of Port 
Everglades, which is now slated for dredging to harbor the "Queen 
Elizabeth", there is little biologically productive habitat. 
Inshore commercial fishing is practically non-existent. The 
valuable sport fishing industry is based on ocean and Gulf Stream 
resources. Therefore, all existing bulkhead lines in Broward County 
are recommended for confirmation. 

CHARLOTTE COUNTY : The 1967 State Legislature abolished a county- 
wide bulkhead line that took in all mangrove shorelines and islands 
and thousands of acres of shallow grassy bay bottoms supporting one 
of the best sport and commercial fishing areas in Florida as well 
as outstanding outdoor recreational areas. Since then, bulkhead 
lines have been submitted to and approved by the county on a piece- 
meal basis. Except for three piecemeal bulkhead lines, the lines 
approved by the State so far have not been extensive or potentially 
adverse to the uses by the public of open waters and sovereign lands, 
but there is at least one large off-shore area on the eastern side 
of Charlotte Harbor encompassed by bulkhead lines approved by the 
county that would significantly and adversely affect marine resources 
if approved by the State and followed by dredging and filling. The 
Committee recommends location of the bulkhead line in this area at 
the line of mean high water. Piecemeal bulkhead lines on Manasota 
Key north of Stump Pass, at the northern approach to Barron Collier 
Bridge, and on the northeastern side at Placida Harbor are recom- 
mended for relocation to the line of mean high water. 

CLAY COUI^ITY : The meandered western shoreline of the St. Johns River 
brings this interior county into bulkhead line considerations. One 
bulkhead in Orange Park is recommended for confirmation. Another 
line at Doctors Inlet in recommended for relocation to the line of 
mean high water for orderly shoreline development. The Committee 
feels that the beauty of the St. Johns River should be protected 
from encroachment by fills. 

DIXIE COUNTY ; This lightly populated county along the Big Bend of 
Florida has a low energy shoreline dominated by tidal marsh complexes 
fronting on the open Gulf of Mexico. There are no established bulk- 
head lines, although, as in several other neighboring counties with 
no or few bulkhead lines, there has been dredging and filling to 



12-31-68 

- 167 - 



create or improve waterfront real estate. 

ESCAMBIA COUI'JTY ; A bulkhead line in Pensacola for an aircraft 
carrier quay is recommended for confirmation. An offshore bulkhead 
line for the Navarre Beach Authority that would allow the first 
significant filling of the open waters of Santa Rosa Sound is 
recommended for relocation to the line of mean high v/ater. 

F LAGLER COUNTY ; Without an extensive estuarine area and with small 
population, Flagler County has no bulkhead lines and little pressure 
for inshore coastal alterations. The Intracoastal Waterway 
dominates a narrow strip of inshore waterfrontage between the 
mainland and the Atlantic barrier island lying betv;een the Matanzas 
Inlet and Ponce de Leon Inlet with Marineland at its northern end 
and the Daytona beaches on its southern end. 

GULF COUNTY : Lengthy offshore bulkhead lines in St. Josephs Bay 
taking in hundreds of acres of shallow grassy submerged land are 
recommended for relocation to the mean high water line. There has 
been unauthorized dredging and filling in this large protected bay. 

HERNANDO COUI'JTY : In Hernando County, the Gulf shoreline is 
undeveloped. Dredging and filling have been done along the Weeki- 
watchee River where canals creating interior waterfront lots have 
been constructed. Hernando County contrasts sharply with 
neighboring Pasco County to the south where bulkhead lines have 
been set as far as 13,000 feet offshore. 

JEFFERSON COUNTY : There are no established bulkhead lines in 
Jefferson County and no need for them since the entire Gulf shoreline 
and vicinity are in the St. Marks National Wildlife Refuge where 
no dredging and filling applications would be entertained. 

LEVY COUNTY : There are no established bulkhead lines in Levy County, 
although the town of Cedar Key has recently approved a bulkhead 
line for submission to the Trustees of the Internal Improvement Fund, 
and the Levy County Commission has demonstrated interest in setting 
a comprehensive bulkhead line for its entire Gulf shoreline. Many 
marshes and associated tidal creeks punctuate the very irregular 
county coastline between the Withlacoochee and Suv/annee Rivers. 

Sport and commercial fishing are important to the local economy. 
Accurate identification and location of mean high water lines for 
establishing bulkhead lines, encouraging conservation, delineating 
boundaries between private and public lands, and facilitating 
development, will be essential and probably difficult in this 
section of the Gulf where mangroves, high marshes and low marshes 
intermingle . 

NASSAU COUNTY ; Industrial waters legislation and resultant water 
quality problems have concerned fishing and outdoor recreational 
interests more than bulkhead lines, dredging and filling in this 
most northeasterly Florida county. As mentioned earlier, there are 
no bulkhead lines. 

OKALOOSA COUNTY ; The western section of Choctawhatchee Bay lies in 
Okaloosa County. The Committee recommends confirmation of the bulk- 
head line in Five Mile Bayou and relocation of the other established 
county bulkhead lines in Santa Rosa Sound to the mean high water 
line. Seagrass growth is extensive in Santa Rosa Sound, one of the 
more picturesque boating areas in Florida. 

PUTNAM COUNTY : Like neighboring Clay County to the north, Putnam 
County lies on the meandered western shoreline of the scenic St. 



12-31-68 
- 168 - 



Johns River, but it has no established bulkhead lines. The 
Committee recommends that the same policy be followed for Putnam 
county as for Clay. 

ST. JOHNS COUNTY : Confirmation of the bulkhead lines in the polluted 
San Sebastian River in the city of St. Augustine near U. S. 1 and 
the FEC tracts is recommended, except for one line recommended for 
reloation to the line of mean high water just south of State Road 
214. The Tolomato and Guano Rivers and bordering marshes north of 
St. Augustine and the Intracoastal Waterway and associated marshes 
south of St. Augustine constitute a narrow but productive estuarine 
resource. Bulkhead lines along these scenic rivers and productive 
marshes should be set at the line of mean high water. Recommenda- 
tions on the offshore bulkhead line immediately north of the Flagler 
Hospital have been deferred pending up-to-date information. 

SANTA ROSA COUNTY : Relocation of the bulkhead line to the mean 
high water line is recommended in the Peterson Point-Wards Basin 
area of Upper Blackv;ater Bay. The bulkhead line on the east side 
of the southerly approach to the Pensacola Bay Bridge is recommended 
for relocation to the line of mean high water. The bulkhead on the 
easterly side of Escambia Bay between Trout Bayou and Basin Bayou 
is also recommended for relocation to the line of mean high water. 

TAYLOR COUNTY : Confirmation of the bulkhead line at the mean high 
water line around Big Grassy Island is recommended. Relocation of 
the other county bulkhead line at Keaton Beach to the line of mean 
high water is recommended. There has been dredging and filling of 
coastal marshes at and near Keaton Beach to create waterfront real 
estate near or on the Gulf. 

WAKULLA COUNTY : There are no established bulkhead lines in Wakulla 
county although there has been dredging and filling at Shell Point 
to create waterfront real estate from what apparently was mostly 
marsh or swamp and overflow land. Roughly one-third of the Wakulla 
coastline of the Gulf (Apalachee Bay) lies in the St. Marks National 
Wildlife Refuge. 

WALTON COUI^ITY : The eastern section of Choctawhatchee Bay lies in 
Walton County. No bulkhead lines have been established. 

FRANKLIN COUNTY : Bulkhead lines at Lanark and Alligator Point are 
recommended for relocation to the line of mean high water; also, a 
bulkhead line lying 5,200 feet offshore Bald Point at the mouth of 
Ochlockonee Bay is strongly recommended for relocation shoreward to 
the mean high water line. 



CI TRUS COUNTY - Dredge Permit, Section 253.03 Florida Statutes. 

On July 12, 1968, application was made by Mr. Herbert L. Bergman, 
Jr., of Hernando, Florida, for a permit to remove 1,600 cubic yards 
of material from Lake Tsala Apopka in Section 19, Township 18 South, 
Range 20 East, Citrus County. The Florida Game and Fresh Water Fish 
commission by letter dated September 20,1968, advised the Trustees- 
office that the work had been accomplished. 

Applicant, advised that since the work had been completed the rate 
would be 20<: per cubic yard, double the normal charge, tendered his 
checks totalling $320.00 as payment. Staff recommended issuance of 
the permit at the penalty rate tendered. 



12-31-68 

- 169 - 



On motion by Mr. Adams, seconded by Mr. Williams and adopted 
unanimously, the Trustees authorized issuance of the dredge permit 
at the penalty rate. 



DADE COUNTY - Dredge Permit, Section 253.123 Florida Statutes, 

Fili No. 183 
Southern Bell Telephone and Telegraph of Jacksonville, Florida, 
applied for permit to install a siabmarine conduit crossing the Miami 
River in Sections 37 and 38, Township 54 South, Range 41 East, in 
Dade County. 

Staff recommended approval and waiver of biological study as 
provided under Section 253.123 (3) (a) Florida Statutes, since the 
work will serve the public need. 

On motion by Mr. Adams, seconded by Mr. Williams and adopted unani- 
mously the Trustees authorized issuance of the dredge permit. 



PINELLAS COUNTY - Dredge Permit, Section 253.123 Florida Statutes. 

The Pinellas County Water and Navigation Control Authority on 
November 25, 1968, issued Dredge Only Permit DO-168 to the Florida 
Board of Parks to construct a navigation channel in St. Joseph Sound 
in Section 20, Township 28 South, Range 15 East, to provide boat 
access to Caladesi Island State Park. 

The Florida Board of Conservation worked closely with the Board of 
Parks in planning the subject channel and spoil sites, so that 
disturbances to marine life and habitats would be minimized. 

On motion by Mr. Adams, seconded by Mr. Faircloth and adopted 
unanimously, the Trustees authorized issuance of the dredge permit. 



DADE COUNTY - Dock Permit, Section 253.03 Florida Statutes. 

Coral Reef Yacht Club of Miami, Florida, applied for permit to 
enlarge its existing facility by constructing additional concrete 
dock and timber mooring piles in Biscayne Bay adjacent to Lot 17, 
Block 43, New Biscayne Amd . , Plat Book B, Page 16, at 2484 South 
Bayshore Drive. 

The City Commission of Miami by Resolution No. 40133 adopted on 
November 14, 1968, granted a conditional use of the bay bottom lands 
subject to the applicant meeting requirements of the Waiver of Deed 
Restrictions No. 19448-B dated February 22, 1968, by the Trustees 
of the Internal Improvement Fund. All required exhibits, including 
the $100 processing fee, were tendered and the Staff recommended 
approval. 

On motion by Mr. Adams, seconded by Mr. Faircloth and adopted 
unanimously, the Trustees approved issuance of the state commercial 
dock permit. 



PALM BEACH COUNTY - Dock Permit, Section 253.03 Florida Statutes. 

Itvenus, Inc., of Fort Lauderdale, Florida, applied for a permit for 
the construction of a wooden pier in Lake Wyman in Section 16, 



12-31-68 
- 170 - 



Township 47 South, Range 43 East, in Palm Beach County. All required 
exhibits, including $100 processing fee, were tendered, and Staff 
recommended approval. 

On motion by Mr. Faircloth, seconded by Mr. Adams and adopted unani- 
mously, the Trustees authorized issuance of state commercial dock 
permit. 



PINELLAS COUNTY - Dock Permit, Section 253.03 Florida Statutes. The 
Pinellas County Water and Navigation Control Authority issued dock 
permit to Jenard M. Gross Company of St. Petersburg, Florida, for 
construction of a 24-foot L-head dock in Placida Bayou in Section 8, 
Township 31 South, Range 17 East, Pinellas County. 

All required exhibits, including $100 processing fee, were tendered 
and Staff recommended issuance of state commercial dock permit. 

On motion by Mr. Adams, seconded by Mr. Faircloth and adopted 
unanimously, the Trustees authorized issuance of state commercial 
dock permit. 



DADE COUNTY - Dredge Permit, Section 253.123 Florida Statutes. Judge 
Marshall C. Wiseheart, as Trustee, and Mr. Malcolm B. Wiseheart, of 
Miami, Florida, applied for permission to alter the dredge permit 
issued by Metro-Dade on September 25, 1962, and subsequently approved 
by the Trustees in meeting on January 30, 1968, to comply with the 
recommendations of the United State Fish and Wildlife, U. S. Depart- 
ment of Interior, to the U. S. Army Corps of Engineers. 

The relocation would provide two access channels, one at the north 
end and one at the south end of the applicants' ownership, and would 
reduce the area to be dredged from 110 acres to 42 acres, reducing 
the submerged land to be filled from 105 to 13 acres. Applicant 
offered to pay for the material removed from the channel area, the 
material removed to be 673,689 cubic yards. 

In view of the reduction of the area and damage to marine resources 
therefore minimized. Staff recommended approval upon payment for the 
material. The Director said that the Corps of Engineers had not 
issued the permit previously, in recognition of the objections by 
the Fish and Wildlife Service, and the Staff felt that the modifica- 
tion was in the public interest. 

Judge Wiseheart explained that they cut down the dredging area 
more than one-half. 

Motion was made by Mr. Adams, seconded by Mr. Faircloth and adopted 
unanimously, that the Trustees authorize issuance of the dredge 
permit. 



LEE COUNTY - Oil and Gas Drilling Lease. Mobil Oil Corporation 
requested advertisement for sealed bids for an oil and gas drilling 
lease covering the following described land in which the Trustees 
hold an undivided one-half interest in the petroleum and petroleum 
products: 

eJ^ of SW^; SW^ of SW-'^; W^j of SE^ and SE% of SE^ of Section 27, 
Township 46 South, Range 27 East, containing 240 surface acres, 
more or less. 

The applicant held a lease from the surface owner covering the 



12-31-6f 



- 171 - 



remaining one-half interest, and offered the Trustees an annual 
rental of $1»00 per net mineral acre for a five-year primary term 
lease. 

Staff recommended advertising for conpetitive sealed bids for a 
five-year primary term lease pursuant to law, with requirement that 
at least one test well be drilled within the first 2^ years of the 
lease to a depth of 6,000 feet or to the Sunniland formation, 
whichever is deeper. 

On motion by Mr. Adams, seconded by Mr. Williams and adopted 
unanimously, the Trustees authorized advertisement of the lease 
as recommended by the Staff. 



DIXIE AND LEVY COUNTIES - Lease. Mr. David Elmore of Crystal River, 
Florida, applied for a new one-year non-exclusive lease permitting 
the removal of sunken deadhead timber from the Suwannee River south 
of U. S. Highway 19 at Fannin Springs. Recently, the applicant 
under expired Lease No. 2298 recovered cypress logs, leaving the 
pine due to lack of a market. Now there is a demand for hard pine 
and Mr. Elmore offered §10.00 per thousand feet for all timber 
recovered, which is an increase of $5.00 over the former lease. 
Staff recommended approval. 

On motion by Mr. Adams, seconded by Mr. Fair cloth and adopted 
unanimously, the Trustees authorized issuance of non-exclusive one- 
year lease at the price offered for recovered timber, $10.00 per 
thousand feet. 



DUVAL COUNTY - Easement. Due to the fact that only four members 
of the Trustees were present, consideration was postponed on the 
request of the Jacksonville Electric Authority for an easement for 
an electric power line across the Duval County Headquarters of the 
Florida Board of Forestry near Dinsmore. Such use-right would 
require approval of five members, it was decided. 



Mr. Broward Williams brought up the subject of the Internal Improve- 
ment Fund, and some discussions he knew of regarding the make-up of 
this board. He recommended that the Trustees go on record and 
indicate to the Legislature that it should remain in the hands of 
elected officials, the Governor and the Cabinet, who were responsive 
to and elected by the people and acted in the best interest of the 
public. He said the matter was being discussed by members of the 
Legislature and others. 

After brief discussion, Mr. Faircloth said he thought there would be 
ample opportunity to present the member^ views to the Legislature 
and its various committees. 

Governor Kirk said that the members rece 
sion and would take it under advisemen 



On motion duly adopted, the meeti 




- 172 - 



ATTEST: 




c/- c^. w. 



DIRECTOR - SECRETARY 




Tallahassee, Florida 
January 1 , 1969 



The Trustees of the Internal Improvement Fund met on this date in 
the Capitol Building in Senate Hearing Room 31, with the 
following members present: 

Claude R. Kirk, Jr. Governor 

Tom Adams Secretary of State 

Earl Faircloth Attorney General 

Fred 0. Dickinson, Jr. Comptroller 

Broward Williams Treasurer 

Floyd T. Christian Superintendent of Public Instruction 

Doyle Conner Commissioner of Agriculture 



Randolph Hodges Director 



On motion duly adopted, the Trustees approved the minutes of the 
meeting of December 31, 1968. 



BREVARD COUNTY - Bulkhead Line, Section 253.122 Florida Statutes. 

Presented for approval was a bulkhead line in connection with the 
Pineda Causeway. The Trustees on October 22, 1968, upon waiver of 
the rules and at the request of the Board of County Commissioners 
of Brevard County, approved the establishment by resolution adopted 
by the county on October 17, 1968, of a bulkhead line in the Indian 
River in Sections 19 and 20, Township 26 South, Range 37 East, and 
in the Banana River in Sections 21 and 22, Township 26 South, Range 
37 East, Brevard County. 

The Trustees' Staff examined the procedures followed by the Board 
of County Commissioners and determined that they were not in accor- 
dance with Section 253.12 2 Florida Statutes, since portions of the 
bulkhead line constituted an amendment to an existing bulkhead line. 
The county was notified and took appropriate action to comply with 
requirements of the statutes. 

Subsequently, the Board of County Commissioners of Brevard County by 
resolution adopted on December 12, 1968, amended and established a 
bulkhead line for the Pineda Causeway in the Indian River in Sections 
19 and 20, Township 26 South, Range 37 East, and in the Banana River 
in Sections 21 and 22, Township 26 South, Range 37 East, Brevard 
County. All required exhibits were furnished to the Trustees' office, 
including information that several interested parties were present 
at the local hearing and that basically the same objections were made, 

The Florida Board of Conservation report on this bulkhead line was 
discussed at the October 22 meeting of the Trustees at which time 
the Trustees had approved the bulkhead line. The members were 
furnished copies of letters dated October 2 and November 6, 1968, 



1-7-69 

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from the Florida Board of Conservation to Mr. J. H. Taylor of the 
Brevard county Engineering Department. Director Randolph Hodges 
said that the errors in the county's procedure had been corrected 
with respect to this bulkhead line in connection with the Pineda 
Causeway. 

Motion v/as made by Mr. Faircloth, seconded by Mr. Adams and by Mr, 
Williams, and adopted unanimously, that the Trustees approve the 
bulkhead line as amended and established by Brevard County on 
December 12, 1968. 



DADE COUNTY - Dredge Permit, Section 253.123 Florida Statutes, 
File No. 186 

Application was made by The Corinthian, Miami Beach, Florida, for a 
permit authorizing the removal of 60,000 cubic yards of sand from an 
area 1000 by 225 feet in a location 1000 feet offshore in the Atlantic 
Ocean in Section 14, Township 53 South, Range 42 East, in Dade County. 
The material would be used for beach nourishment adjacent to the 
applicant's upland, a project which was approved on this date by the 
Florida Board of Conservation. 

The applicant executed a quitclaim deed to the Trustees, quitclaim- 
ing all right, title or interest in and to the area that would be 
restored under the beach nourishment project, v/hich was recommended 
for approval of the Trustees. 

Motion was made by Mr. Adams, seconded by Mr. Dickinson and by Mr. 
Faircloth, and adopted unanimously, that the Trustees approve issuance 
of dredge permit and acceptance of the quitclaim deed. 



INDIAN RIVER COUNTY - Dredge Permit, Section 253.123 Florida 

Statutes, File No. 187 

Florida Pov/er and Light Company of Cocoa, Florida, applied for a 
permit authorizing the installation of a submarine cable crossing 
the Indian River south of State Road No. 510 in Section 27, Township 
31 South, Range 39 East, Indian River County. 

Staff requested waiver of biological or ecological study as provided 
under the provisions of Section 253 .123 (3) (a) Florida Statutes, for 
this work which would serve the public need. 

Motion was made by Mr. Faircloth, seconded by Mr. Adams and adopted 
unanimously, that the Trustees approve issuance of the requested 
dredge permit. 



OKALOOSA COUNTY - Dredge Permit, Section 253.123 Florida Statutes, 
File No. 128 

Placed on the agenda at the request of State Treasurer Broward 
Williams was an application from Edgewater Village Corporation of 
Niceville, Florida, made on July 1, 1968, for a permit to clean out 
and deepen an existing navigation channel and to construct a new 
channel 1,500 feet long by 50 feet wide by 10 feet deep parallel to 
the shoreline in Rocky Bayou in Section 9, Township 1 South, Range 
22 West, in Okaloosa County. 



1-7-69 
- 174 - 



Approximately 15,000 cubic yards of material would be removed and 
used to improve the applicant's upland, under this application. 
Applicant tendered check for $750.00 as payment at the existing rate 
for material. 

The Florida Board of Conservation reported the submerged lands in 
the area were sandy and unvegetated, and that the work should not 
have adverse effects on marine resources. 

Attorney General Faircloth said he would second the Treasurer's 
motion for approval. 

Secretary of State Tom Adams said he was aware of the action the 
Trustees took last week adopting Interagency Advisory Committee 
Reports No. 1 and No. 3, but that neither of those actions had a 
direct effect on the moratorium which was for sixty or ninety days - 
ending December 15 or January 15. As the situation existed, in his 
opinion the dredging in this application would violate the moratorium. 

Mr. Faircloth said he felt that the motion adopted last week obviated 
the necessity for the moratorium and would have the effect or remov- 
ing the moratorium, and the Trustees could go ahead with the applica- 
tions under the guidelines in Reports No. 1 and No. 3. Mr. Faircloth 
added that if the action last week did not have that effect he would 
so move . 

Director Hodges said that it was his opinion that the action last week 
removed the moratorium and sent the bulkhead lines back to those 
counties for re-examination. Using the Interagency Reports No. 1 and 
No. 3 as the Trustees* philosophy and criteria, the counties were to 
review their bulkhead lines and advise the Trustees' office what 
action, if any, they took with respect to the recommendations in 
said reports. The Director had been instructed to report within 
50 days. 

Mr. Hodges pointed out that there had been some exceptions made as 
to consideration of navigation channels during the moratorium period. 

On the motion by Mr. Williams, seconded by Mr. Faircloth, the Trustees 
approved the application without objection. 



POLK COUNTY - Dredge Permit, Section 253.03 Florida Statutes 

Mr. Alton H. Young of Mulberry, Florida, applied for after-the-fact 
permit to clean out an existing navigation channel and remove 75 to 
100 cubic yards of material from the sovereignty land in Lake Rosalie 
in Section 21, Township 29 South, Range 29 East, Polk County. Appli- 
cant tendered check for $100.00 as payment at the penalty rate for 
after-the-fact permit. 

The Florida Game and Fresh Water Fish Commission suggested that the 
applicant be required to pay -maximum rate and remove the fill from 
state-owned land. Staff recommended issuance of after-the-fact 
permit with those stipulations. 

Mr. Hodges said he hoped the Trustees would get away from after-the- 
fact applications, that the applicant cleaned out the channel and 
placed the material on state-owned land, the Game and Fresh Water 
Fish commission recommended that the spoil be removed from state land 
and that the applicant be required to pay for it. Staff recommended 
that he be allowed to remove the spoil. 



1-7-69 

- 175 - 



Governor Kir]c asked if that v/as the only penalty that could be 
imposed and Mr. Hodges said it was at the present time. But he 
would like for the public to be put on notice that they would be 
prosecuted, and he would have some recommendations for the Trustees 
on this matter. 

Motion was made by Mr. Adams, seconded by Mr. Faircloth and adopted 
without objection, that the Trustees authorize issuance of after- 
the-fact permit with the stipulations recommended above. 



PINELLAS COITNTY - Dock Permit, Section 253.03 Florida Statutes 

The Pinellas County Water and Navigation Control Authority issued 
a permit to Mr. R. P. Hoffman of Clearwater, Florida, to construct 
a dock and boat lift adjacent to Lot 33, Unit 5-A, Island Estates 
in Clearwater Bay. The applicant tendered $100.00 processing fee 
and all required exhibits for a state permit. 

Motion was made by Mr. Christian, seconded by Mr. Williams and 
adopted unanimously, that state commercial dock permit be approved. 



DUVAL COUNTY - Temporary Easement, File No. 2163-16-253.03, and 

Permanent Spoil Easement, File 2164-16-253.03 F. S. 

In connection v/ith the Jacksonville Harbor Deepening Project, Mr. F. 
Bradley Kennelly, attorney for the applicant, the Jacksonville Port 
Authority, submitted applications for 

(1) easement for temporary spoil area (CSA-11 and 12) embracing 
33 acres of sovereignty land in Sections 21 and 22, Township 1 South, 
Range 28 East, Duval County. The o\>mer of abutting uplands, the 
Gulf Stream Oil Company, had issued a temporary easement to the 
Authority that would expire April 17, 1973; 

and (2) permanent spoil easement (MSA-4) embracing 52.5 acres of 
sovereignty land in Section 25, Township 1 South, Range 28 East, 
Duval County. North Shore Corporation, the abutting upland owner, 
had granted spoil easements to the United States and the Jacksonville 
Port Authority. 

The bulkhead line in connection with this area was approved by the 
Trustees on December 17, 1968. Although spoiling in the area would 
be detrimental to the biological environment, in view of the fact 
that there are no feasible alternate spoil locations available and 
in view of the public nature of the project. Staff recommended that 
the application for temporary easement and permanent easement be 
advertised for objections only, the temporary easement if subsequently 
approved by the Trustees to expire on April 17, 1973. 

Motion was made by Mr. Faircloth, seconded by Mr. Dickinson and Mr. 
Adams, and adopted unanimously, that the easement areas be adver- 
tised for objections only. 



DUVAL COUNTY - Easement, Section 253.03 Florida Statutes. 

The Jacksonville Electric Authority requested permission to construct 
an electric power line across the Duval County Headquarters of the 
Florida Board of Forestry near Dinsmore in Duval County. The power 



1-7-69 
- 176 - 



line would be placed along an existing road to serve an adjoining 
telephone facility. 

The Board of Forestry reviewed the request and reconunended granting 
of the easement. 

Motion was made by Mr. Adams, seconded by Mr. Conner and adopted 
unanimously, that the Trustees authorize issuance of the requested 
easement. 



SUBJECTS UNDER CHAPTER 18296 



On motion by Mr. Christian, seconded by Mr. Faircloth and adopted 
unanimously, the Trustees approved Report No. 945 listing two regular 
bids for sale of land in Holmes and Okaloosa Counties under the 
provisions of Chapter 18296, Acts of 1937 - the Murphy Act. 

Mr. Hodges explained that the Staff established the base bids, 

and in Holmes County the price for the land was above the base bid 

and in Okaloosa County was the same as the base bid. 



On motion duly adopted, the meeting 



^ riTRECTOR Q 




* * * 



* * * 



ie * * 



Tallahassee, Florida 
January 14, 1969 



The Trustees of the Internal Irrprovement Fund met on this date in 
the Capitol Building in Senate Hearing Room 31, with the following 
members present: 



Tom Adams 

Earl Faircloth 

Fred O. Dickinson, Jr. 

Broward Williams 

Floyd T. Christian 

Doyle Conner 



Randolph Hodges 



Secretary of State 

Attorney General 

Comptroller 

Treasurer 

Commissioner of Education 

Commissioner of Agriculture 



Director 



At the suggestion of Mr. Christian, the Cabinet decided to place the 
Board of Conservation and the Trustees of the Internal Improvement 
Fund last on the schedule of agencies whose agenda will be considered 
on future meeting dates, because of the lengthy matters often coming 
up on those particular agenda. 



1-14-69 



- 177 - 



On motion adopted without objection, the Trustees approved the 
minutes of the meeting of January 1 , 1969. 



DUVAL COUNTY - Easement, File No. 2134-16-253.03 On December 3, 1968, 
the Trustees authorized advertised for objections only an applica- 
tion made by Mr. F. Bradley Kennelly on behalf of the Jacksonville 
Port Authority for dedication of sovereignty land in Sections 22, 
23 and 26, Tov/nship 1 South, Range 28 East, Duval County, within 
the Hannah Mills-Sisters Creek complex. A tract containing 59.40 
acres, more or less, was to be a permanent spoil area easement, and 
a tract containing 34.30 acres, more or less, v/as to be a temporary 
spoil area easement. Notice of dedication was published in the 
Florida Times Union, proof of publication filed. 

Mr. IVilliam T. Mayc, attorney representing Mr. Stuart ,7. Edwards, 
notified the Trustees' office that Mr. Edwards owns portions of 
Islands 13 and 14 in Section 26, Township 1 South, Range 28 East, 
north of State Road 105. Attorneys for the Port Authority were 
notified of the adverse claim and submitted evidence for the purpose 
of disproving Mr. Edwards' claim. 

In connection with controlling silting and filling of major creeks 
within the spoil areas, attorney for the Port Authority advised the 
Trustees' office that it v/as the intent of the U. S. Army Corps of 
Engineers to cause to be constructed and maintained dikes v;herever 
practicable and economically feasible to prevent any spoil from 
being placed in any creeks or tributaries, and a tentative diking 
plan was submitted. 

Staff recommended issuance of easements conditioned upon inclusion 
of an appropriate covenant in the instruments requiring diking to 
prevent siltation and filling of affected creeks and tributaries, 
and that issuance of easements be further conditioned on the 
clearing of adverse claims. Mr. Kennelly, present on this date, 
agreed to the conditions recommended by the staff. 

On motion by Mr. v;illiams, seconded and duly adopted, the Trustees 
authorized issuance of the permanent and temporary easement dedica- 
tions with the conditions recommended by the staff, shown above. 



MANATEE COUNTY - The State Road Department requested waiver of the 
reverter clauses in Easement No. 20842 executed on January 20, 1955, 
for State Road 684, Cortez Bridge, and Easement No. 21091 executed 
December 5, 1955, for State Road 64, Anna Maria Bridge, the waiver 
to be restricted to that portion of the road rights of way lying 
within the West Coast Inland Navigation District rights of way Cut 
"M-7" and Cut "M-9" granted by virtue of Canal Right of Way Easement 
No. 22834 executed July 11, 1961. 

Staff recommended that the Trustees waive the reverter provisions 
in the above cited easements to the State Road Department only as 
to that portion of the right of v/ay lying within the West Coast 
Inland Navigation District canal right of way. 

Motion was made by Mr. Christian, seconded by Mr. v;illiams and 
adopted unanimously, that the staff recommendation be approved 
as the action of the Board. 



BREVARD COUNTY - The State Road Department requested temporary 

1-14-69 
- 178 - 



dredging easement in the Indian and Banana Rivers in connection with 
construction of causeways needed for State Road 404, Section 70004- 
2503, the Pineda Expressway. 

The report dated l^ovember 21, 1968, from the Florida Board of 
Conservation stated that ths areas selected by the State Road 
Department were well chosen to lessen damage to marine resources 
from dredging. Staff recommended approval. 

Kotion v/as made by Mr. Williams, seconded by Mr. Christian and 
adopted unanimously, that the Trustees authorize issuance of 
temporary dredging easement to expire on October 1, 1972, as 
requested by the State Road Department. 



BREVARD COUNTY - Dedication. The State Road Department requested 
dedication for right of way over sovereignty lands of the Indian 
River and Banana River in projected Sections 19, 20 and 22, Township 
26 South, Range 37 East, Brevard County, for State Road 404, 
Section 70004-2503, Pineda Causeway. The request was the first 
phase of a two-phase application that will enable construction to 
begin on the bridge span. Second phase application for rights of 
way will be submitted at such time that an order for taking is 
filed for uplands abutting the proposed rights of way. 

Bulkhead lines in connection with the project were approved by the 
Trustees on January 7, 1969. The biological report indicated that 
damage to marine biological environment would occur. 

Motion was made by Mr. Williams, seconded by Mr. Dickinson and 
adopted unanimously, that the Trustees authorize dedication of the 
sovereignty lands requested by the State Road Department for rights 
of way for the public road. 



BREVARD AND ORANGE COUNTIES - Dredge Permit, Section 253.03 

Mr. William R. Bailey, City Manager, on behalf of the City of Cocoa, 
Florida, applied for a permit for the installation of a subaqueous 
48-inch water transmission main crossing the St. Johns River south 
of State Road 520 in Section 25, Tovmship 24 South, Range 34 East, 
in Brevard and Orange Counties. Staff requested waiver of Game and 
Fresh Water Fish report and recommended approval. 

Motion was made by Mr. Dickinson, seconded by Mr. Christian and 
adopted unanimously, that dredge permit be issued to the City of 
Cocoa for installing the water main. 



SUMTER COUNTY - Dock Permit, Section 253.03 Florida Statutes 

Mr. James Veal applied for permission to construct 18 boat sheds in 
Lake Panasoffkee in Section 30, Township 19 South, Range 22 East, 
Sumter County, for which he had submitted all required exhibits, 
including $100.00 processing fee. 

Motion was made by Mr. Dickinson, seconded by Mr. Williams and 
adopted unanimously, that issuance of dock permit be approved. 



LAKE COUNTY - Dredge Permit, Section 253.03 Florida Statutes 
Mr. A. M. Collins, Jr., President of Astor Forest Campsites, Inc, 

- 179 - 



of Ocala, Florida, applied for after-the-fact permit for the 
connection of canals constructed on the upland with the St. Johns 
River in Section 19, Township 15 South, Range 28 East, Lake County. 
The connections were completed by the predecessor in title some 
years ago. The Florida Game and Fresh Water Fish Commission 
advised that a field investigation would not be required for that 
reason. 

On motion by Mr. Dickinson, seconded and duly adopted, the Trustees 
authorized issuance of the dredge permit. 



SHELL LEASE REPORT - The Trustees accepted for the record the 
following report of remittances received by Florida Board of Conser- 
vation from holders of dead shell leases: 

Lease No. Name of Company Amount 

1718 Radcliff Materials, Inc. $ 4,437.70 

1788 Benton and Company 10,380.16 

2233 Bay Dredging & Construction Co. 5,531.54 



GLADES COUNTY - Lease. Lykes Bros., Inc., the holder of Grazing 
Leases 2130 and 2160 expiring on January 20, 1969, covering 198.87 
acres in Lots 1, 2, 3 and 4 of Section 34, Township 40 South, Range 
32 East, Glades County, requested renewal of the grasing leases for 
one year . 

The leases are for grazing purposes only, allow cancellation by the 
Trustees after 90-day written notice, and have an annual rental of 
$3.00 per acre. An appraisal in August of 1965 resulted in increas- 
ing the previous rental of $1.00 per acre to the current $3.00 per 
acre rate. 

On motion by Mr. Christian, seconded by Mr. Dickinson and adopted 
unanimously, the Trustees authorized renewal on the same terms and 
conditions, and combination of both leases into one to eliminate 
unnecessary accounting and correspondence. 



TRUSTEES' PERSONNEL - On motion by Mr. Williams, seconded by Mr. 
Dickinson and adopted unanimously, the Trustees adopted the following 
resolution commending Mr. A. Rees Williams, retiring from the 
position of Chief of Engineering in the office of the Trustees, 
Elliot Building. 

RESOLUTION 

WHEREAS, A. Rees rfilliams was employed as assistant engineer 
to Mr . F. C. Elliot, Engineer and Secretary, Trustees of the 
Internal Improvement Fund, on January 1, 1951, after earlier 
public service with the Division of Water Survey and 
Research, State Board of Conservation, beginning in June 
1947, and 

WHEREAS, A. Rees Williams was appointed by the Trustees on 
October 10, 1959, as Chief Cadastral Surveyor to act for 
them in approving all surveys of lands into townships, 
sections or other regular land divisions, together with the 
field notes, plats, or other accessories pertaining thereto, 
and 



1-14-69 
- 180 - 



"k-THEREAS, A. Rees Williams was assigned the duties of Swamp 
Land Selection Officer by the Trustees on November 3, 1959, 
for the purpose of investigating, filing reports and preparing 
swamp land selection applications under the provisions of 
Sections 2222.5-1 and 2222.5-2, Title 43, Code of Federal 
Regulations, and 

iVIIEREAS, A. Rees Williams was appointed Chief, Engineering 
Section, Trustees of the Internal Improvement Fund on March 
1, 1964, a position in which he served in an outstanding 
manner until his retirement on December 31, 1968, and 

iTHEREAS, A. Rees Williams during his employment with the 
Trustees did plan and establish an excellent system for 
maintaining official record files covering sales, dedications, 
easements, and permits involving state owned submerged 
lands, and 

WHEREAS, A. Rees Williams has demonstrated throughout his 
service with the Trustees a high degree of professional 
proficiency, training, experience and knowledge, which 
collectively have enabled him to provide outstanding leader- 
ship and accomplishments within the Engineering Section as 
well as excellent guidance and assistance to the entire staff; 

NOW, THEREFORE, BE IT RESOLVED that the Trustees of the Internal 
Improvement Fund of the State of Florida do hereby express to 
Mr. A. Rees Williams their sincere appreciation for the 
outstanding contributions he has made to the people of 
Florida by assisting in the development of policies and 
procedures relating to effective utilization of state owned 
lands and water areas, and 

BE IT FURTHER RESOLVED that the Trustees extend to him their 
sincere appreciation for the high professional standards he has 
set in the discharge of his official duties relating to matters 
pertaining to the Trustees and extend to him their best wishes 
for success in his endeavors in the years ahead. 

IN WITNESS WHEREOF, we place our hands and seals this January 

14, 1969. 

CLAUDE R. KIRK, JR. 

Governor 

TOM ADAMS 

Secretary of State 

EARL FAIRCLOTH 

Attorney General 

FRED 0. DICKINSON, JR. 

Comptroller 

BROrfARD WILLIAMS 

Treasurer 

FLOYD T. CHRISTIAN 

Commissioner of Education 

DOYLE CONNER 

Commissioner of Agriculture 



TRUSTEES' PERSONNEL - Director Randolph Hodges recommended that 
the Trustees consider the appointment of Mr. Fred Vidzes, Assistant 
Chief, Engineering Section, to the position of Acting Chief of 
Engineering effective January 1, 1969, and concurrent with that posi- 
tion and as a part of the duties required by said position, the 
additional appointment as Acting Chief Cadastral Surveyor and Acting 
State Swamp Land Selection Agent also be designated to Mr. Vidzes. 



1-14-69 

- 181 - 



On motion by Mr. Christian, seconded by Mr. Williams and adopted 
unanimously, the Trustees did appoint Mr. Vidzes as Acting Chief of 
Engineering effective January 1, 1969, and concurrently, as Acting 
Chief Cadastral Surveyor and Acting Swamp Land Selection Agent. 
Comment was made that this carries no additional salary. 



DADE COUNTY - .Vithout objection, the rules were waived to allow 
consideration of an addendum to the regular agenda. 

On motion by Mr. Christian, seconded by Mr. Williams and adopted 
unanimously, the Trustees authorized the Attorney General to 
intervene in that cause styled National Industries, Inc., vs 
Enterprise Properties, Ltd., et al. Civil Action Case #67-4988, 
for the purpose of protecting the interest of the Trustees in lands 
in the Oleta River in Section 9, Township 52 South, Range 42 East, 
Dade County, subject to litigation. 



MONROE COUNTY - File No. 2141-44-253.12. On motion by Mr. Faircloth, 
seconded by Mr. Christian, and adopted without objection, the rules 
were waived to allow consideration of an addendum. 

Authority was requested for the Attorney General to take such action 
as might be necessary to protect the interests of the State of 
Florida relative to pending litigation (State of Florida, ex rel 
Faircloth v Summerland Key Cove, Inc., Civil Action 68-1036) pursuant 
to Circuit Court Order of January 10, 1969, allowing the Trustees of 
the Internal improvement Fund ten (10) days within which to elect 
to become parties plaintiff in said action, or, failing such election, 
to be joined as parties defendant. 

Mr. Faircloth explained that to be parties plaintiff would mean 
that the Trustees seek the declaration of the Court as to applica- 
tion of the law, and he recommended such action. 

Secretary of State Tom Adams commented on the legal action taken 
by the Attorney General in which he enjoined the Secretary of 
State and Mr. Toppino as defendants in resolving the Summerland 
Key matter. He criticized the legal action as appearing to ask 
the Judiciary to make an executive decision, and said the matter 
most appropriately should be referred to a committee of the 
Trustees to look into the records and recommend an equitable 
decision. (Issuance of the deed to Summerland Key Cove, Inc., 
was being v;ithheld pending resolution of questions relative to 
value of the land.) 

Mr. Faircloth said the lav; permitted him to bring the suit on 
behalf of the State to clarify the legal question, that the 
Secretary of State was dismissed as a party defendant on the 
ground that he had no further information to present to the Court. 
He would not ask for dismissal of the suit, and since the Court 
has taken jurisdication the time for committee assignment was at 
an end, Mr. Faircloth said. 

Mr. Adams said the record spoke for itself without additional 
information. He would like to have independent counsel to 
represent the Secretary of State and would not ask for any addi- 
tional release of funds to represent him in this matter. 

Mr. Dickinson said that a cabinet com.mittee had merit as a 
reasonable approach which the cabinet often used, but would not 
carry legal efficacy. 



1-14-69 
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Motion was made by Mr. Christian, seconded by Mr. Faircloth and 
adopted without objection, that the Trustees take action as 
recommended by the Attorney General, to elect to become parties 
plaintiff in the pending litigation, and that the Secretary of 
State provide his own counsel as he had requested. 



The Trustees deferred action on consideration of a portion of the 
recommendations which Mr. Hodges proposed to make as Director, for 
the reason that the members desired more time to study the 
recommended changes. 

As to one of the recommendations, it was noted that the Board had 
already authorized the former Director to work on collection of 
payment on outstanding loans held by the Trustees. 



SUBJECTS UNDER CHAPTER 18296 

SEMINOLE COUNTY - Murphy Act Land. The City Council of Oviedo, 
Florida, offered $300.00 for a parcel of land containing 1.1 acre, 
more or less, under provisions of Chapter 21684, Acts of 1943. The 
parcel, adjacent to land on which the City Water Facilities Plant is 
located, was certified to the State under tax sale certificate No. 
1276 of August 7, 1933, and No. 527 of 1936, described as the 3-2 of 
SE% of m-ik of SW^ (less 2 acres square in SE corner) and (less all 
that part thereof except the South 134.4 ft.) in Section 15, Tov/nship 
21 South, Range 31 East, Seminole County. 

On motion by Mr. Dickinson, seconded by Mr. Williams and adopted 
unanimously, the Trustees authorized conveyance of the said parcel 
to the City of Oviedo without advertisement and public sale for the 
price offered. 



On motion duly adopted, the meeting was adjourned. 



ATTEST 




:^^^J^ C 



Secretary of State - 

Acting Chairman 



1-14-69 



- 183 - 



Tallahassee, Florida 
January 21, 1969 



The Trustees of the Internal Improvement Fund met on this date in 
the Capitol Building in Senate Hearing Room 31, with the following 
members present: 

Claude R. Kirk, Jr. Governor 

Tom Adams Secretary of State 

Fred O. Dickinson, Jr. Comptroller 

Broward Williams Treasurer 

Floyd T. Christian Commissioner of Education 

Doyle Conner Commissioner of Agriculture 



Randolph Hodges Director 



On motion duly adopted, the Trustees approved the minutes of the 
meeting held on January 14, 1959. 



OKALOOSA COUNTY - Dedication. The State Road Department requested 
dedication of submerged lands for a bridge site in East Pass adjacent 
to the Moreno Point Military Reservation in projected Township 2 
South, Range 23 West, Okaloosa County, for State Road 30, Section 
57030-2528. A portion of the right of way might encroach upon lands 
under lease to W. F. Davis, M. P. Cox and R. E. Cadenhead in 
Trustees' Lease No. 2224. The State Road Department had been 
requested to review the matter to determine if encroachment does 
in fact occur . 

The biological report was not adverse due to the fact that no 
dredging or filling would be done. 

Motion was made by Mr. Conner, seconded by Mr. Adams and adopted 
unanimously, that the requested dedication be approved contingent 
upon the State Road Department saving the Trustees harmless from 
any action that might be taken by the lessees named in Lease No. 
2224. 



WALTON COUNTY - Easement. Section 253.03, Florida Statutes. 
The State Road Department requested issuance of a temporary ease- 
ment covering a 2.98 acre parcel of land adjacent to a proposed 
road crossing a corner of the Grayton Beach State Park in Section 
16, Township 3 South, Range 19 West, Walton County, for use as a 
borrow pit. 

Motion was made by Mr. Dickinson, seconded by Mr. Adams and adopted 
unanimously, that borrow pit easement be issued to the State Road 
Department, to cease to be effective six months after completion of 
the road construction. 



BROWARD COUNTY - Dredge Permit, Section 253.123, Florida Statutes. 
Mr. John F. Michel on behalf of Galahad Apartments applied for 
permission to remove 50,000 cubic yards of sand from an area 733 
feet by 500 feet located 1,700 feet in the Atlantic Ocean offshore 
from Lot 5, Block 1, Amended Plat of Seminole Beach, Plat Book 1, 
Page 15, Public Records of Broward County. The material would be 



1-21-69 
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used for beach nourishment adjacent to the applicant's upland 
property. Applicant executed a quitclaim deed to the Trustees, 
quitclaiming all right, title or interest in and to the area that 
would be restored under the beach nourishment project. 

The Florida Board of Conservation, Division of Beaches and Shores, 
recommended approval. 

Motion was made by Mr. Dickinson, seconded by Mr. Adams and 
approved unanimously, that the dredge permit be approved. 



HIGHLANDS COUNTY - Dredge Permit. Section 253.03 Florida Statutes. 
Application was presented from Withers and Harshman, Inc., of 
Sebring, Florida, for a dredge permit. On July 29, 1958, Mr. Harshman 
applied for after-the-fact permit for a canal dug through marsh to 
his upland on Dinner Lake in Section 17, Township 34 South, Range 
29 East, Highlands County. On July 31, 1968, the staff advised him 
that the charge for after-the-fact permits was ten cents (lOt) per 
cubic yard. Applicant removed 2,500 cubic yards of material and 
tendered his check for $250.00 in payment. 

The Florida Game and Fresh Water Fish Commission reported that the 
applicant had placed material on state-owned bottoms and recommended 
removal of the material and restoration of the bottoms. 

Since action on the application was delayed awaiting on-site 

inspection, it was recommended on the agenda of October 15, 1968, 

that application be approved at the rate in effect at the time of the 

application. The Trustees deferred action for further study. 

Motion was made by Mr. Conner, seconded by Mr. Dickinson and adopted 
unanimously, that the application for after-the-fact dredge permit 
be approved at the rate in effect at the time of the application, 
ten cents per cubic yard. 



LAKE COUNTY - Dredge Permit. Section 253.03 Florida Statutes. 
Charles M. Pool, Inland Groves Corporation, Clermont, Florida, on 
August 28, 1968, applied for permission to remove 2,000 cubic yards 
of material from Lake Minnehaha in Government Lot 6, Township 26 
South, Range 24 East, Lake County, to use for improvement of his 
upland property. The applicant tendered his check for $100.00 as 
payment for the material at the rate in effect at the time of the 
application, prior to yardage rate change. 

The Florida Game and Fresh Water Fish Commission reported 
favorably, subject to stipulations as to dredging which should 
be included in the permit. 

The application was on the agenda of October 30, 1968, and upon 
vote of three to three, was not approved. Several members indicated 
that unless it was an emergency it should be held up because of 
the moratorium. 

Motion was made by Mr. Adams, seconded by Mr. Christian and adopted 
unanimously, that the Trustees approve issuance of the permit 
subject to inclusion of certain stipulations as to dredging, at 
the rate in effect at the time of the application, five cents per 
cubic yard. 



1-21-69 

- 185 - 



PINELLAS COUNTY - Dredge Permit, Section 253.123, Florida Statutes. 
The Pinellas County V/ater and Navigation Control Authority on 
February 1, 1958, considered after-the-fact permit to Mr. A. D. 
Tagarelli of Tarpon Springs, Florida, for work done in Kreamer Bayou 
at Sunset Hills, Tarpon Springs. The permit application was referred 
to Pinellas County legal department for the proper and adequate 
disciplinary action that the law afforded, and on January 9, 1969, 
the Board of County Commissioners forwarded to the Trustees its 
check for $28.90 as payment for 578 cubic yards of material which 
had been removed by Mr. Tagarelli. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted 
unanimously, the Trustees authorized issuance of a dredge permit 
to Mr. Tagarelli for the amount received. 



MONROE COUNTY - Corrective Deed, File No. 241-44-253.12. 
Attorney Kenneth H. Smith of behalf of Mr. Roy M. Nichols and wife 
requested corrective deed to replace Deed No. 21949 (241-44) issued 
by the Trustees on October 30, 1958, which contained an error in 
the range number in the land description. 

Motion was made by Mr. Christian, seconded by Mr. Adams and adopted 
unanimously, that corrective deed be issued for $25.00 processing 
fee. 



TRUSTEES' FUNDS - Authority was requested to transfer the amount 
of $48,126.00 from available funds of the Trustees to the Florida 
Board of Conservation to help defray expenses of its Survey and 
Management program required by Chapter 253, Florida Statutes. 

Funds in the amount of $24,296.00 to establish Survey and Manage- 
ment operation for 1967-58 were borrowed from the Marine Biological 
Research Trust Fund. The 1958-59 Operating Budget for Survey and 
Management included estimated receipts of $25,000.00 and disburse- 
ments of $48,830.00, leaving a deficit of $23,830.00. 

The Board of Conservation Operating Budget for 1958-69, based on 
receiving $48,126.00 from the Internal Improvement Fund to repay 
the Marine Biological Research Trust Fund in the amount of 
$24,296.00, and to cover 1958-69 estimated operations of Survey 
and Management in the amount of $23,830.00, has been approved by 
the Budget Commission. 

Director Randolph Hodges said there had been correspondence with 
the former Director relative to the transfer of funds to defray 
Survey and Management expenses. 

Motion was made by Mr. Adams, seconded by Mr. Christian and adopted 
unanimously, that the Trustees authorize transfer from Internal 
Improvement funds of the amount of $48,125.00 for use to help 
defray costs of the Board of Conservation program required under 
Chapter 253, Florida Statutes. 



COASTAL PETROLEUM COMPANY - Secretary of State Tom Adams said that 
before the Attorney General left the meeting of the Cabinet because 
of illness, he had advised that he was preparing a report for the 
members on the Governor's letter and report made by a special 
committee named by the Governor on the validity of Oil Drilling 
Leases 224-A, 224-A as Modified, 224-B, 224-B as Modified, 248, 



1-21-69 
- 186 - 



and 248 as Modified. 

Mr. Christian said it involved the Coastal contracts, asked how 
much money had come to the State of Florida, and suggested that the 
matter be referred to the Attorney General. 

Without objection, the consensus of the Trustees was that the 
Attorney General should pursue the matter. 



DREDGING OF NAVIGATION CHANNELS - Mr. Adams mentioned the accumula- 
tion of applications in the Trustees' office during the moratorium 
and many still pending. Regardless of where the bulkhead line 
might be relocated or approved, he said there was no desire to 
prevent access of upland ovmers to navigable water, and he would 
like to see those applications for navigation channels brought 
forward and considered on their merits. 

Mr. -Hodges called attention to the fact that some applications for 
navigation channels were a subterfuge for dredging and filling. Mr. 
Christian said the Board would leave that to the judgment of the 
Director, and Mr. Adams added that where it was a bona fide request 
for a navigation and access channel it should be considered. The 
Director was instructed to screen such applications carefully. 

It was so ordered. 



The Director called attention to the Advance Agenda showing a 
bulkhead line to be placed on the regular agenda for consideration 
on February 4, 1969. This was a procedure adopted by the Trustees 
on October 15, 1968, that the Board, and the public, be given two 
weeks advance notice of any proposed change or establishment of 
bulkhead lines and any proposed sales. 

The Secretary of state expressed appreciation to the staff for 
firnishing Advance Agenda. 

Also, the Director mentioned some recommendations which had been 
postponed on January 14, 1969, which would be placed on the agendj 
next week for consideration. 



On motion duly adopted, the meeting 



ATTEST 



DI«^CTOR ^ 




* * -k 



* * * 



* * * 



1-21-69 



- 187 - 



Tallahassee, Florida 
January 28, 1969 



The Trustees of the Internal improvement Fund met on this date 
in the Capitol Building in Senate Hearing Room 31, with the 
following members present: 

Claude R. Kirk, Jr. Governor 

Tom Adams Secretary of State 

Earl Faircloth Attorney General 

Fred O. Dickinson, Jr. Comptroller 

Broward Williams Treasurer 

Floyd T. Christian Commissioner of Education 

Doyle Conner Commissioner of Agriculture 



Randolph Hodges Director 



On motion duly adopted, the Trustees approved the minutes of the 
meeting held on January 21, 1969. 



The Director presented for consideration some recommendations 
which would materially assist in tightening up administration of 
operations under the jurisdiction of the Trustees, give the state 
more control over dredging and filling, recover payment from over- 
fills or dredging deeper than the permit allowed. He estimated 
that he could recover $100,000 from excessive dredging that has not 
been discovered heretofore. During the discussion as to whether 
the fees were in line, Mr. Hodges said they were set in 1957, and 
processing costs have increased. 

Motion was made by Mr. Adams, seconded by Mr. Faircloth and adopted 
unanimously, that the staff proceed on amendment of Rules and 
Regulations of the Trus*-ees of the Internal Improvement Fund, 
subject to legal approval of the Attorney General, as follows: 

(1) Discontinue contract to purchase sales of state-owned 
lands and require that all sales of state-owned lands be consum- 
mated by full payment for deed within 90 days after confirmation 
of sale. 

(2) Issue after-the-fact permits for the material taken upon 
payment at the minimum rate of 20<: per cubic yard up to the maximum 
rate of three times the rate per cubic yard prevailing in the 
subject locality at the time of discovery, as such rate may be 
determined by the Trustees' staff upon consulatation with sources 
in the locality, with a minimum total charge of $100, whichever 

is the greater. 

(3) Increase minimum handling charges for release of canal 
and drainage reservations from $10 to $15 for each quitclaim deed 
issued. 

(4) Increase minimum processing fee for release of oil artd 
mineral reservations from $10 to $15 for each quitclaim deed issued. 

(5) Increase minimum processing fee for release of state 
road right of way reservation from $10 to $15 for each quitclaim 
deed issued. 



1-28-69 
- 188 - 



(6) Increase minimum handling charge for processing and 
issuing a disclaimer from $10 to $100. 

(7) Provide for a minimum handling charge of $25 for the 
processing of each corrective or duplicate deed. 

The above rule amendments will become operative pursuant to the 
provisions of Section 120.041(5) Florida Statutes. 

Also, the Trustees, on motion made by Mr. Adams, seconded by Mr. 
Faircloth and adopted unanimously, authorized the staff to invoke 
emergency provisions of Chapter 120, Florida Statutes, -or the 
purpose of making certain administrative rule changes pertaining 
to dredging and filling, subject to legal approval by the Attorney 
General, as follows: 

At the Trustees' option applicant may be required to 
furnish a cross-section profile map with certificate 
executed by a Florida Registered Professional Engineer or 
Land Surveyor, stating quantity of fill material excavated 
pursuant to permit, such certification to be furnished 
within 90 days after completion of project or expiration 
of permit, whichever is earlier. 

Also on motion by Mr. Adams, seconded by Mr. Faircloth and 
adopted unanimously, the Trustees 

Authorized exper.diture from Internal Improvement Funds 
of a sum not to exceed $3,000.00 for professional 
engineering service to determine by cross sectional 
method the quantity of fill material excavated pursuant 
to selected permits issued under statutory provisions 
during the past several years; and 

Authorized the Director to take the necessary steps to 
collect payment on loans held by the Trustees where 
payments on such loans are in arrears. 



DADE COUNTY - Bulkhead Line, Section 253.122 Florida Statutes. 
On September 5, 1967, the Trustees approved relocation of an 
existing bulkhead line around Mashta Island in Biscayne Bay in 
Section 6, Township 55 South, Range 42 East, Dade County as 
adopted by the Board of County Commissioners on February 21, 
1967, in Resolution No. R-182-67. However, Mr. John J. McCue, 
Director of Metro Dade Public Works Department, has advised that 
the resolution was prepared from information that created an 
encroachment on an existing seawall and did not conform to the 
intent of the County Commission's action. 

The Board of County Commissioners of Dade County by Resolution 
No. R-1127-68 adopted October 1, 1968, relocated and established 
the bulkhead line around Mashta Island in Biscayne Bay in Section 
6, Township 55 South, Range 42 East, to conform to the intent of 
their action. All required exhibits were furnished and the record 
showed there was one objector at the local hearing. 

The bulkhead line complied with the philosophy adopted by the 
Trustees on December 31, 1968, and on motion by Mr. Adams, 
seconded by 1-lr . Dickinson and adopted unanimously, the Trustees 
approved the relocation of this bulkhead line. 



1-28-69 

- 189 - 



LEE COUNTY - Bulkhead Line, Section 253.122 Florida Statutes. 
The Board of County Commissioners of Lee County by Resolution adopted 
on November 13, 1968, established a bulkhead line along the mean 
high water line in a bayou in Gasparilla island in Section 23, Town- 
ship 43 South, Range 20 East, Lee County. All required exhibits 
were furnished, the records showed no objections at the local hear- 
ing, and the Board of Conservation reported no significant adverse 
effects on the marine life of the area. 

The bulkhead line complied with the philosophy adopted by the 
Trustees on December 31, 1968; and on motion by Mr. Adams, seconded 
by Mr. Dickinson and adopted unanimously, the Trustees approved the 
bulkhead line. 



LEE COUNTY - Bulkhead Line, Section 253.122 Florida Statutes. 
The Board of County Commissioners of Lee County by Resolution adopted 
November 13, 1968, established another bulkhead line along the mean 
high water line in a bayou in Gasparilla Island in Section 23, 
Township 43 South, Range 20 East, Lee County, being a short distance 
from the bulkhead line in the above paragraph. All required exhibits 
were furnished, the records showed no objections at the local hearing, 
and the Board of Conservation reported no adverse effects and that 
a proposed application within the bulkhead line did not portend 
dredging and filling. 

The bulkhead line complied with the philosophy adopted by the 
Trustees on December 31, 1968; and on motion by Mr. Adams, seconded 
by Mr. Dickinson and adopted unanimously, the Trustees approved the 
bulkhead line. 



SARASOTA COUNTY - File No. 2019-58-253.12 - Land Sale. On December 
10, 1968, the Trustees reconsidered application of Per A. O. Scheutz, 
et ux, represented by Senator Joseph A. McClain, Jr., and ordered 
readvertisement of the .93 acre parcel of partially filled Sarasota 
Bay bottom land abutting a portion of Block 3, Sunset Park Subdivision, 
Plat Book 1, Page 308, in Section 24, Township 36 South, Range 17 
East, in the City of Sarasota, Florida. Second notice of sale was 
published in the Sarasota Herald-Tribune, proof of publication 
filed in the Trustees' office. 

Several letters of objection were received, one from the City of 
Sarasota Attorney, John M. Scheb, which was later withdrawn. 

The parcel is encumbered by a 30-foot wide drainage easement granted 
to the State Road Department, and the Trustees will include in the 
instrument of conveyance a limited use and reverter provision that 
will prevent the construction of any building upon the parcel. The 
staff recommended that objections be overruled and sale of the 0.93 
acre parcel confirmed at the appraised value of $28,500.00 per acre, 
subject to the said provision in the deed. 

Mr. Adams commented that the delay had resulted in an increased 
price for the land, and the Governor agreed that was good. 

Motion was made by Mr. Dickinson, seconded by Mr. Conner and 
adopted unanimously, that sale of the 0.93 acre parcel at the 
rate of $28,500.00 per acre be confirmed and the instrument of 
conveyance contain the limited use and reverter clause. 



1-28-69 
- 190 - 



HIGHLANDS COUNTY - Dredge Permit, Section 253.03 Florida Statutes. 
Mr. Darwin Ketzenberger applied for permission to remove 370 cubic 
yards of material from Lake Grassy. The material had been used to 
improve his upland and $100.00 was tendered as penalty payment for 
the permit. 

Florida Game and Fresh Water Fish Commission reported the work and 
recommended that the material be left on the upland since additional 
damage would be caused by replacing the fill material in the lake. 
Staff recommended issuance of the permit. The rule changed on this 
date did not apply yet. 

On motion by Mr. Adams, seconded by Mr. Fair cloth and adopted 
unanimously, the Trustees authorized issuance of the permit. 



INDIAN RIVER C0U1>JTY - Dredge Permit, Section 253.123, File 143. 
The Moorings Development Company applied for permit to construct an 
access channel 125 feet by 10 feet from the Intracoastal Waterway 
in the Indian River to applicant's upland, and to construct a 
perimeter channel 100 feet by 10 feet adjacent to applicant's upland 
in Sections 21 and 28, Township 33 South, Range 40 East, Indian River 
County. The application was received August 22, 1968, prior to 
yardage rate increase. The proposed channels exceed the maximum 
permit size and applicant tendered his check for $18,150.00 as payment 
for the 363,000 cubic yards of material from the overcut. 

Upon receipt of copy of the Florida Board of Conservation report on 
the biological survey, a turning basin was eliminated from the plan 
and the width of the perimeter channel was reduced. 

Motion was made by Mr. Christian, seconded by Mr. Adams and adopted 
unanimously, that dredge permit be approved provided the main access 
channel width is reduced to 100 feet as recommended by the staff. 



LEE COUNTY - Dredge Permit, Section 253.123, File No. 142. 
Mr. Thomas C. Coleman applied for a permit authorizing the dredging 
of 5-ft. by 50-ft. channel in the Caloosahatchee River adjacent to 
his upland in Section 3, Township 45 South, Range 24 East, Lee County. 
The Board of Conservation biological study reported that just offshore 
and for a distance of about 200 feet, the submerged bottoms were 
moderately vegetated, and water further offshore was deeper and 
unvegetated. The report stated that although grassy areas such as 
those were important to marine life and fisheries, ingress and 
egress by boat were difficult, and that if the canal was approved 
care should be taken to avoid damage to adjacent grassy areas. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted 
unanimously, the Trustees authorized issuance of the dredge permit. 

Answering members' questions, Mr. Hodges said this was for access, 
and he did not think the 5 -foot channel would cause pollution. 



MANATEE COUNTY - Dredge Permit, Section 253.123, File No. 163. 
Application was received from St. Bernard Catholic Church, Anna 
Maria Key, Holmes Beach, Florida, for permission to construct a 
5-ft. by 40-ft. navigation channel from applicant's upland in Section 
28, Township 34 South, Range 16 East, Manatee County, to the existing 



1-28-69 

- 191 - 



channel in Sarasota Pass. The material removed would be deposited 
on upland property. 

The proposed channel had been realigned in accordance with 
suggestion of the Florida Board of Conservation to minimize 
damaging effects to marine life. 

On motion by Mr. Conner, seconded by Mr. Adams and adopted 
unanimously, the Trustees authorized issuance of the dredge permit. 



MARTIN COUNTY - Dock Permit, Section 253.03, Florida Statutes. 
Mr. Ezra A. Wood of Palm City, Florida, applied for a permit 
authorizing the installation of a marine railway in the South Fork 
of the St. Lucie River south of State Road 714 in Martin County. 
All required exhibits, including $100.00 processing fee, were 
submitted. 

On motion by Mr. Adams, seconded by Mr. Dickinson and adopted 
unanimously, the Trustees approved issuance of state commercial 
dock permit. 



MONROE COUNTY - Dredge Permit, Section 253.03, File No. 16. 
Mr. Frank A. Martin made application to dredge to minus-25 feet in 
a 600-foot segment of the navigation channel approved under File No. 
16 on April 2, 1968. Application was received on June 26, 1968, 
and check in the amount of $1,111.10 was tendered as payment for 
the 22,222 cubic yards of material. 

Florida Board of Conservation report stated that the additional 
excavation would not be more detrimental to marine life than the 
original excavation. 

On motion by Mr. Adams, seconded by Mr. Christian and adopted, the 
Trustees approved issuance of the dredge permit. 



OKALOOSA COUNTY - Dock Permit, Section 253.03 Florida Statutes. 
Mr. Ben Marler, Sr . , of Destin, Florida, applied for permit to widen 
by 10 feet an existing dock in Township 2 South, Range 23 West, 
Okaloosa County, for which all required exhibits and $100.00 
processing fee were submitted. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted 
unanimously, the Trustees approved issuance of the permit. 



PINELLAS COUNTY - Dredge Permit, Section 253.123 Florida Statutes. 
General Telephone Company of Florida, St. Petersburg, Florida, 
applied for permit to install a submarine cable across the Anclote 
River west of State Road 595 in Section 12, Township 27 South, Range 
15 East, Pinellas County. Staff requested waiver of biological 
study as provided in Section 253 .123 (3) (a) Florida Statutes, for 
this project which will serve the public need. 

On motion made by Mr. Christian, seconded by Mr. Adams and adopted 
unanimously, the Trustees approved the dredge permit. 



WAKULLA COUNTY - Dredge Permit, Section 253.123, File No. 150. 
Mobile Home Brokers, Inc., Tallahassee, Florida, applied for permit 



1-28-69 
- 192 - 



to construct a navigation channel 50 feet wide by 5h feet deep in 
Walkers Creek adjacent to applicant's upland in the Forbes Purchase 
in Township 5 South, Range 1 East, Wakulla County, to provide 
boating access for a proposed subdivision. The material would be 
placed on applicant's upland property. 

Florida Board of Conservation biologist reported that the area to 
be dredged was a shallov/ cove supporting only sparse seagrass 
growth, no commercial oyster or clam bars, and no sport or commer- 
cial fisheries except for three or four crab traps in the middle 
of the small cove where no dredging was planned, and that dredging 
the channel and placing the spoil on upland would not have signifi- 
cant adverse effects on marine resources. 

Motion was made by Mr. Dickinson, seconded by Mr. Adams and adopted 
unanimously, that the dredge permit be approved. 



ST. LUCIE COUNTY - Dredge Permit, Section 253.123 Florida Statutes. 
Florida Power and Light Company, Miami, Florida, applied for permit 
for construction of a barge access channel from the Intracoastal 
Waterway in the Indian River in Sections 8 and 17, Township 36 
South, Range 41 East, St. Lucie County to applicant's upland. The 
dredged material would be used to raise the plant site to grade 
required by the Atomic Energy Commission for safety from hurricanes. 
Applicant tendered check for $145,000.00 as payment for 1,450,000 
cubic yards of material from the over cut. 

Florida Board of Conservation biologist reported that dredging in 
Big Mud Creek should not have significant adverse effect on marine 
life, but that the proposed access channel from the mouth of Big 
Mud Creek to Intracoastal Waterway crossed extensive grass flats 
and would result in extensive destruction of valuable marine habitat. 

Florida Air and Water Pollution Control Commission offered no objec- 
tion provided the turbidity of the water in project area does not 
exceed 50 Jackson Units above normal background level. The offer 
of "no objection" extends to channel construction only, and does 
not relieve the permittee from complying with rules and regulations 
relating to other projects. 

Mr. Hodges pointed out that in the overall project there would be 
biological damage to possibly 30 acres. Mr. Adams said caution 
should be taken that approval of this permit did not create 
commitments, that he was for the project, but the Trustees should 
make certain that other criteria would be resolved. Mr. Hodges 
discussed conferences already held on other phases, such as intake 
and discharge of water. In answer to Governor Kirk's question, Mr. 
Hodges said he would recommend approval. Mr. Christian suggested 
that certain stipulations be included. 

Mr. A. M. Chick Davis, representing Florida Power and Light Company, 
spoke of the engineering investigations and plans, the contract for 
coastal engineering studies, the four biologists retained by his 
company for a year, and said that later the company would submit 
data and plans to the Board for approval of intake and discharge 
of water, et cetera. 

Mr. Adams said that now the Trustees were committing themselves 

to nothing but the access channel, and Mr. Christian said the motion 

should make that clear. Mr. Davis agreed. 

On motion by Mr. Christian, seconded by Mr. Faircloth and adopted 



1-28-69 

- 193 - 



unanimously, the Trustees approved the dredge permit for the barge 
access channel, and made no commitment for other things involved 
in the overall project, such as intake and discharge of waters, 
which subsequently would come to the Board for consideration. 



BREVARD COUNTY - Dock Permit (Ski Ramp), Section 253.03 Florida 
Statutes. The Titusville Ski Club, Inc., applied for permission 
to install ski jump and slalom courses including jump ramps which 
will be permanently anchored with night identification complying 
with requirements of the Army Corps of Engineers and the Coast 
Guard, in the Indian River north and south of the Titusville Cause- 
way, east of the Intracoastal Waterway. One course will be located 
300 feet south of the causeway, one approximately 1,500 feet south 
of the causeway, one 1,550 feet north of the causeway, one 2,600 
feet north of the causeway, and a temporary course 100 feet north 
of Parrish Park. 

Letters from the adjacent owners offered no objections. 

Motion was made by Mr. Faircloth, seconded by Mr. Christian and 
adopted unanimously, authorizing issuance of the permit upon 
payment of $100.00 processing fee. 



DADE COUNTY - Dredge and Fill Permits, 

Sections 253.124 and 253.123 Florida Statutes. 

A. The Board of County Commissioners of Dade County by Resolution 
No. R-1373-58 adopted on November 19, 1968, issued a construction 
permit under the provisions of Section 253.124 Florida Statutes, 
to Donarl of Florida, Inc., to fill lands lying landward of the 
established bulkhead lines, and to fill two small islands and 
adjacent land lying inside the established bulkhead line in Sections 
2, 3, 10 and 11, Township 52 South, Range 42 East, in Dumfoundling 
Bay, Dade County. 

The Donarl firm, represented by Attorney William J. Roberts, 
applied for permit to remove 4,950,000 cubic yards of material 
from the northern portion of Dumfoundling Bay in Sections 2, 3, 
lo and 11, Township 52 South, Range 42 East. 

B. The Board of County Commissioners of Dade County by Resolution 
No. R-1375-68 adopted November 19, 1968, issued a construction 
permit under the provisions of Section 253.124 Florida Statutes to 
Robert Gould to fill submerged land and upland lying landward of 
the established bulkhead lines in Sections 2 and 3, Township 52 
South, Range 42 East, in Dumfoundling Bay, Dade County. 

Mr. Gould applied for permit for 425,000 cubic yards of material 
from the northern portion of Dumfoundling Bay in Sections 2 and 3, 
Township 52 South, Range 42 East. 

With reference to the above two applications, Florida Board of 
Conservation reported that the borrow area in Dumfoundling Bay 
would adversely affect nursery and feeding grounds for marine life. 

The Director said that the entire picture was that there were now 
four pending applications of this kind to dredge a large amount of 
material from Dumfounding Bay, that the projects were important to 
the economy of Dade County but would in effect be giving away 
bottoms from fishing purposes to development uses. He discussed 
a conference with Dade County officials in which they had agreed 



1-28-69 
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to review their bulkhead line in South Biscayne Bay where the 
Conservation Department recommended the preservation of several 
areas of red mangrove growth. In the event the Trustees allowed 
the dredging in Dumfoundling Bay, the Director recommended a 
departure from what the Board had done before - that a maximum of 
$100,000.00 of the approximate $700,000.00 expected to be received 
for the fill material from Dumfoundling Bay, be used in rebuilding 
habitats in that bay. 

Motion was made by Mr. Faircloth, seconded by Mr. Christian and 
adopted unanimously, that in view of the concessions made on the 
bulkhead line to come before the Trustees on February 18 and 
further concessions to use the mean high water line rather than 
the line of vegetation, the Trustees approved the permits under 
Sections 253.124 and 253.123 to Donarl of Florida, Inc., and to 
Robert Gould, and agreed to commitment of up to $100,000.00 of the 
monies to be received for the fill material for use in rebuilding 
habitats in Dumfoundling Bay, as recommended by Director Randolph 
Hodges. 



ALACHUA COUNTY - Section 253.03 Florida Statutes. 

The State Road Department requested dedication of 0.095 acre parcel, 
now part of the University of Florida campus in Gainesville, 
Alachua County, for construction of a right turn lane on University 
Avenue and a loading zone in front of the Administration Building 
to improve the flow of traffic on the perimeter of the campus. 
Dedication of the parcel in Section 6, Township 10 South, Range 20 
East, was approved by University officials and the Board of Regents. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted 
unanimously, the Trustees approved dedication of the parcel to the 
State Road Department, as requested. 



UNION COUNTY - Section 253.03 Florida Statutes. 

On November 7, 1967, the Trustees authorized easement to the State 
Road Department for a borrow pit on the 13.117-acre parcel of land 
in use by the Division of Corrections. The State Road Department, 
needing more material, requested enlargement of the existing 
easement area by an additional 1.84 acres. The Division of Correc- 
tions and the Board of Commissioners of State Institutions reviewed 
and approved the request. 

Motion was made by Mr. Adams, seconded by Mr. Dickinson and adopted 
without objection, that the Trustees approve easement to the State 
Road Department to enlarge the area now available for borrow pit 
use under Easement No. 2307. 



LEE COUNTY - J. N. "Ding" Darling Wildlife Sanctuary. 
The United States Fish and Wildlife Service retained the surveying 
firm of Carl E. Johnson, Inc. , to survey the refuge boundaries and 
interior for the purpose of locating physical evidence as to 
various ownerships. Upon completion of the survey, the agreed- 
upon exchange of lands could take place pursuant to action of the 
Trustees on February 15, 1966. Due to technicalities, the plat of 
survey does not meet requirements of Chapter 177 Florida Statutes, 
which prescribes conditions for placing plats in local public 
records. At recent staff conferences between representatives of 
the Trustees, U. S. Fish and Wildlife Service, and Carl E. Johnson 
firm, it was decided that the survey plat should be placed on 



1-28-69 

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record in the Field Note Section of the Trustees' office. 

Staff requested authority to place the plat of survey on record 
pvirsuant to Section 253.031 Florida Statutes, in the Field Note 
Section of the Trustees of the internal Improvement Fund, and to 
authorize the Acting Chief Cadastral Surveyor to approve the 
survey. 

On motion by Mr. Adams, seconded by Mr. Dickinson and adopted 
without objection, the Trustees gave the staff authority to 
proceed as requested. 



MARTIN COUNTY - Land Exchange. The Florida Board of Parks at its 
meeting on January 19, 1969, recommended the exchange of 360 acres 
of land in Jonathan Dickinson State Park for a 857.5 acre tract 
owned by the estate of Vince Nelson on the Loxahatchee River 
adjacent to the park. Each tract was appraised by a qualified 
appraiser, as follows: Park property, $1,306,000.00; Nelson 
property $1,329,125.00. The Nelson property, containing the 
headwaters of the Loxahatchee River, was considered to have 
substantially more long-range importance to the park than the 
highway frontage proposed to be traded. 

It was recommended that the Trustees proceed with the exchange in 
accordance with the terms and conditions contained in an option 
agreement dated November 18, 1968, to expire February 11, 1969, 
between the estate of Vince Nelson and Donald K. Moe. 

Motion was made by Mr. Christian, seconded by Mr. Adams and 
adopted unanimously, that the exchange be approved as recommended. 



PINELLAS COUNTY - Agreement. Attorney Edward A. Turville on behalf 
of the Board of Public Instruction of Pinellas County presented an 
agreement between the Board and the present developers of Tierra 
Verde wherein it was proposed to exchange school site locations 
within Tierra Verde. Said agreement was entered into on January 
8, 1969, to become effective upon Trustees' approval as specified 
in paragraph 6 of that agreement dated May 21, 1959, as recorded 
in O. R. 615, p. 270, public records of Pinellas County, between 
the original developers of Tierra Verde and the Trustees. The May 
21, 1959, agreement was a result of negotiations in connection with 
sovereignty land purchase, and the agreement stipulated that school 
sites be provided as part of the consideration for sale of 
sovereignty lands. 

Staff recommended approval of the agreement contingent upon approval 
of the legal points involved by the Attorney General. 

Mr. Adams asked several questions and Mr. Christian said the School 
Board would receive a better site. Mr. Dickinson said it was 
fulfilling an agreement. 

On motion by Mr. Dickinson, seconded by Mr. Christian and adopted 
without objection, the Trustees approved the agreement between the 
Board of Public Instruction of Pinellas County and the present 
developers of Tierra Verde contingent upon the approval of the 
Attorney General . 



PINELLAS COUNTY - Section 253.03 Florida Statutes. On August 29, 
1967, a harbor tug of the United States Army damaged a seawall 



1-28-69 
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dolphin at the St. Petersburg Maritime Base in use by the State 
University System. The Board of Regents agreed to accept a 
settlement of $800.00 to help pay the cost of replacing the dolphin 
and recommended approval by the Trustees and execution of a settle- 
ment agreement approved by the Attorney General. 

Motion was made by Mr. Dickinson, seconded by Mr. Christian, and 
adopted without objection, that the agreement be approved for 
execution, and that the $800.00 to be received from the United 
States be then transferred to the Board of Regents. 



OKEECHOBEE COUNTY - Duplicate Deed. On motion by Mr. Christian, 
seconded by Mr. Adams and adopted without objection, the Trustees 
authorized issuance of a duplicate deed, requested by Conely and 
Conely, for handling charge of $10.00 to replace original Trustees 
Deed No. 19928 dated November 15, 1951, which was lost before 
recording in the public records. 



MONROE COUNTY - Duplicate Deed. On motion by Mr. Faircloth, seconded 
by Mr. Christian and adopted without objection, the Trustees 
authorized issuance of a duplicate, requested by David Lemelman of 
Miami, for handling charge of $10.00 to replace original Trustees 
Deed No. 21421 dated November 27, 1956, which was lost before 
recording in the public records. 



SHELL LEASE REPORT - On motion by Mr. Adams, duly adopted, the 
Trustees accepted for the record the following report of remittances 
received by Florida Board of Conservation from holders of dead 
shell leases: 

Lease No. Name of Company Amount 

1718 Radcliff Materials, inc. $4,706.71 

1788 Benton and Company, Inc. 9,792.34 
2233 Bay Dredging & Construction 

Company 6,680.15 



INTERAGENCY REPORT NO. 4 - Director Randolph Hodges, chairman of 
the Interagency Advisory Committee on Submerged Land Management, 
presented Report No. 4 containing bulkhead line review and recom- 
mendations for the remaining coastal counties. Citrus, Collier, 
Hillsborough, Indian River, Martin, Pasco, St. Lucie and Volusia 
Counties. 

Motion was made by Mr. Faircloth, seconded by Mr. Adams and adopted 
unanimously, that Report No. 4 be accepted by the Trustees and 
copies sent to county commissions, municipal officials and other 
local public bodies having initial authority with respect to 
bulkhead lines, in like manner as for Reports No. 1 and No. 3 
(see minutes of December 31, 1968) which concerned the other twenty- 
nine coastal counties. 



1-28-69 

- 197 - 



REPORT NUMBER 4 

TO THE 

TRUSTEES OF THE INTERNAL IMPROVEMENT FUND 

BY THE 

FLORIDA INTERAGENCY ADVISORY COMMITTEE 

ON SUBMERGED LAND MANAGEMENT 

BULKHEAD LINE REVIEW AND RECC»4MENDATI0NS FOR CITRUS, 
COLLIER, HILLSBOROUGH, INDIAN RIVER, MARTIN, PASCO, 
ST. LUCIE, AND VOLUSIA COUNTIES 

INTRODUCTION: The eight coastal counties covered by this report 
complete the review of counties subject to the establishment of 
bulkhead lines under Chapter 253.122, Florida Statutes. Citrus, 
Collier, and Pasco Counties have complex problems of submerged 
land management. 

CITRUS COUNTY : The maze of islands, oyster bars, spring-fed 
tidal creeks, extensive seagrass beds in the Gulf, coastal marshes, 
and estuarine waters combine to make Citrus County one of the 
outstanding fish, wildlife and outdoor recreational areas in 
Florida. 

Waterfront development so far has involved mainly draglining to 
convert marshland and hammocks into lots on interior sea-level 
canals. Finger fills into open waters have not been significant. 
Surveying errors complicate evaluation of ownership, bulkhead lines, 
dredging and filling in the Salt River area. 

Offshore bulkhead lines in the following areas are recommended 
for relocation to the line of mean high water: (1) from Cross-State 
Barge Canal southerly to the Florida Power Company Property; 
(2) Florida Power Company Property; (3) three small segments on 
the north shore of the Crystal River; (4) Island Lot 21; and (5) 
North shore of the mouth of Homosassa River. 

COLLIER COUNTY : Many mangrove islands, extensive mangrove zones 
bordering the mainland, erroneous meander lines, irregular shore- 
lines, poorly defined mean high water lines, large-scale dredge 
and fill projects and plans, and old and extensive submerged land 
sales complicate efforts in submerged land management and develop- 
ment in Collier County. Waterfront development is concentrated at 
and near Naples and on Marco Island. Because of large land 
ownerships outside the City of Naples, bulkhead lines already 
established have tended to be comprehensive rather than piecemeal. 

Offshore bulkhead lines in the following areas are recommended 
for relocation to the line of mean high water; 

1. East shore of Little Hickory Bay 

2. South end of Pineda Beach to Wiggins Pass 

3. Cocohatchee Creek west of State Road 865A 

4. Southern limits of Naples, east shore of Naples Bay 
opposite Gordon Pass and from there south 
including Dollar Bay 

5. Keewaydin Island 

6. Henderson Creek 

7. Marco Island southerly from Marco Island Development 
Corporation line Number One 

8. Southerly end of Collier (Smokehouse) Bay 

Conservative bulkhead lines or those around areas already dredged 
and filled are recommended for confirmation in the following 
areas: 



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1. Cocohatchee River east of State Road 865A 

2. City of Naples bulkhead line en both sides of Naples Bay 
to Gordon Pass 

3. North end of mangrove island between Keewaydin and Rookery Bay 

4. Extreme north end of Marco Island 

5. Marco Island Development Corporation bulkhead line Number One 

6. Northern portion of Collier (Smokehouse) Bay 

HILLSBOROUGH COUNTY ; A large part of the submerged land in Hills- 
borough County comes under the ownership and jurisdiction of the 
Hillsborough (Tampa) Port Authority. A local act comparable to the 
Randell Act was passed by the 1967 General Session of the Florida 
State Legislature to provide for biological, ecological, and 
hydrographic evaluations of submerged land development plans. 

From Black Point southerly to the Manatee County line, bulkhead 
lines lying as much as one mile or more offshore are recommended for 
relocation to the line of mean high water. Some variance from this 
recommendation may be necessary immediately south of Black Point and 
Port Sutton to facilitate spoil disposal from dredging for private 
and public navigational channels euid harbor improvements. 

INDIAN RIVER COUNTY ; It is recommended that the overall county 
bulkhead line, including those sections located at the vegetation 
line and in cities, be relocated to the line of mean high water. 

MARTIN COUNTY ; Stuart is a sport fishing center because of the adja- 
cent Indian and St. Lucie Rivers and the nearby Gulf Stream in the 
Atlantic Ocean. 

Offshore bulkhead lines are recommended for relocation to the line 
of mean high water in the following areas; 

1. Hutchinson Island along the eastern side of Indian River 

2. Town of Sewalls Point northerly to St. Lucie County line 

3. Town of Jupiter Island 

4. South of Rocky Point on the westerly side of the 
Intracoastal Waterway 

5. The north side of the St. Lucie River opposite Stuart 

6. North side of the St. Lucie Inlet 

7. Northwest Fork of the Loxahatchee River 

8. Stuart, south side of the St. Lucie River 

9. Western side of the northern approach to the U. S. 1 bridge 
across the St. Lucie River 

The bulkhead line in the remainder of Martin County is located at 
the line of mean high water. 

PASCO COUNTY ; This relatively lightly populated county just north 
of the populous Tampa Bay area has the most liberal bulkhead lines 
in Florida. Thousands of acres of submerged lands are encompassed 
by bulkhead lines located as far as 13,500 feet offshore. The 
committee strongly recommends that all the bulkhead lines be 
relocated to the line of mean high water. Such a shoreward 
relocation would result in some bulkhead lines being located 
along extensive fills in the Port Richey area where the mean high 
water lines would correspond to the fill or seawall lines. 

ST. LUCIE COUNTY ; Offshore bulkhead lines are recommended for 
relocation to the line of mean high water for the Fort Pierce Port 
Terminal pending definite development plans for Nettles Island and 
vicinity, and for City Island in Fort Pierce. The bulkhead line 
for the recently developed camp and trailer site on Hutchinson 



1-28-69 

- 199 - 



Island near the Martin County line is recommended for confirmation. 
In those areas without bulkhead lines, the Committee recommends 
that the bulkhead lines be located along the line of mean high 
water to prevent further encroachments of fills into the scenic 
and productive Indian River. 

VOLUSIA COUNTY ; Offshore bulkhead lines are recommended for 
relocation to the line of mean high water in the following areas: 

1. Ormond Beach 

2. Holly Hill 

3 . Daytona Beach 

4. Eastern Shore of Halifax River from the southern limits 
of Daytona Beach to Port Orange 

5. Port Orange 

6. Eastern shore of Halifax River from the southern city 
limits of Port Orange to Ponce de Leon Inlet 

7. Western shore of Halifax River in South Daytona 

8. Western shore of the Halifax River from the southern 
limits of Port Orange through Harbor Oaks (including 
Rose Bay east of U. S. 1) 

9 . Edgewater 

The Committee recommends that bulkhead lines be set at the line 
of mean high water in those areas where bulkhead lines have not 
been established. A conservative bulkhead line south of New 
Smyrna Beach would help preclude filling of the scenic and productive 
area of mangrove islands, shellfishing and fishing grounds, and 
outdoor recreation in or near the proposed Mosquito Lagoon aquatic 
preserve . 



RESOLUTION - Attorney General Faircloth presented for the 
consideration of both the Board of Conservation and the Trustees 
of the Internal Improvement Fund a resolution which he said was 
not only fair but was the right thing to do since Mr. Randolph 
Hodges, Director of the Board of Conservation, was also fulfilling 
the duties of Director of the Trustees of the Internal Improve- 
ment Fund. 

On motion by Mr. Adams, seconded by Mr. Dickinson and adopted, 
the rules were waived to allow consideration of the matter not on 
the agenda. 

Motion was made by Mr. Faircloth, seconded by Mr. Dickinson and 
adopted unanimously, that the following resolution be passed and 
executed by the members: 

RESOLUTION 

WHEREAS, the Director of the Trustees of the Internal 
Improvement Fund resigned last November, effective 
December 31, 1968; and 

WHEREAS, the Board of Conservation requested its 
Director, Randolph Hodges, to assume the duties of the 
Director of the Trustees of the Internal Improvement Fund, 
in addition to his already heavy load as the Administrator 
of one of the State's largest agencies; and 

WHEREAS, such request was made of Mr. Hodges in view 
of the superlative job he has done in his position as 
Director of the Board of Conservation, and in further view 



1-28-69 
- 200 - 



of the tremendously important and sensitive responsibilities 
with the Trustees with no additional compensation? 

BE IT, THEREFORE, RESOLVED THAT: 

1. The salary of Randolph W. Hodges be increased to the 
amount of $23,500.00 per annum, effective January 1, 1969, the 
date Mr. Hodges assumed duties as Director of Trustees. 

IN WITNESS WHEREOF, we set our hands and seals this 
28th day of January, 1969. 



CLAUDE R. KIRK, JR. 

Governor 

TOM ADAMS 

Secretary of State 

EARL FATRCLOTH 

Attorney General 

FRED O. DICKINSON, JR. 

Comptroller 

FLOYD T. CHRISTIAN 

Commissioner of Education 

DOYLE CONNER 

Commissioner of Agriculture 

BROWARD WILLIAMS 

Treasurer 



On motion duly adopted, the meeting/ywa^aQ journe 



ATTEST 



^ DIR^TOR Q 




* * * 



* * * 



Tallahassee, Florida 
February 4, 1969 



The Trustees of the Internal Improvement Fund met on this date in 
the Capitol Building in Senate Hearing Room 31, with the following 
members present: 



Claude R. Kirk, Jr. 
Tom Adauns 

Fred O. Dickinson, Jr. 
Broward Williams 
Floyd T. Christian 
Doyle Conner 



Governor 

Secretary of State 

Comptroller 

Treasurer 

Commissioner of Education 

Commissioner of Agriculture 



Randolph Hodges 



Director 



2-4-69 



- 201 - 



On motion duly adopted, the Trustees approved minutes of the meeting 
held on January 28, 1969, 



DADE COUNTY - Bulkhead Line. The City of Miami by Resolution No. 
40208 adopted December 18, 1968, established a bulkhead line in 
Biscayne Bay offshore from Dodge Island in Sections 5 and 6, 
Township 54 South, Range 42 East, Dade County. All required 
exhibits were furnished, and the file showed that there were no 
objections at the local hearing. 

The Florida Board of Conservation reported that because of the 
extensive dredging and filling already done for the development of 
the City of Miami Waterfront, the Intracoastal Waterway, and Dodge 
Island, the marine habitat in this part of Biscayne Bay had been 
drastically altered and adversely affected; and that there should 
be no significant adverse effect on marine life, habitat or fisheries 
from the planned westerly enlargement of Dodge Island. Staff 
recommended approval of the bulkhead line. 

On motion made by Mr. christian, seconded by Mr. Dickinson and 
adopted unanimously, the Trustees approved the bulkhead line 
established by the City of Miami on December 18, 1968, by 
Resolution No. 40208. 

In answer to Mr. Adams' question, the Director said that water 
flow and other related aspects had been taken into account in 
considering the bulkhead line. 



POLICY CHANGE - Sale Dates. On April 20, 1954, the Trustees adopted 
a policy of considering the confirmation of land sales on the 
second and fourth Tuesdays of each month. To level off the work 
load and expedite handling of any sales that are to be made, the 
Staff requested change in the policy so that confirmation of sales 
might be considered on any Tuesday (meeting date) . 

On motion by Mr. Christian, seconded by Mr. Williams and adopted 
unanimously, the Trustees changed the policy with respect to sale 
dates as requested. 



MONROE COUNTY - File No. 2135-44-253.12. Mr. Paul Dunning filed an 
application to purchase one acre of submerged land in the Bay of 
Florida abutting Government Lot 2, Section 19, Township 65 South, 
Range 34 East, at Grassy Key in Monroe County. However, the 
biological report furnished in connection with the application 
stated that the area was highly productive nursery and feeding 
ground for marine life. 

In view of the adverse biological report and the fact that the 
application did not come within the purview of the "saw-tooth 
policy", staff recommended denial and refund of $50.00 of the 
application fee of $75.00 that was tendered. 

Motion was made by Mr. Christian, seconded by Mr. Williams and 
adopted unanimously, that the application be denied and $50.00 be 
refunded to the applicant. 



2-4-69 
- 202 - 



PALM BEACH COUNTY - File NO. 2168-50-253.129 - Disclaimer. 
Mr. David M. White of Brockway, Owen and Anderson Engineers, Inc., 
submitted application on behalf of CKG Joint Venture for a disclaimer 
of a parcel of formerly submerged land in Lake Worth lying in 
Government Lot 3, Section 27, Township 43 South, Range 43 East, Palm 
Beach County. All necessary exhibits and evidence were submitted 
and staff recommended approval. 

Motion was made by Mr. Williams, seconded by Mr. Christian and 
adopted unanimously, that disclaimer be issued for the usual fee. 



MAPPING - Staff requested consideration of permission under 
authority of Section 373.012 Florida Statutes, to negotiate an 
agreement, subject to Trustees' approval, with U. S. Coast and 
Geodetic Survey relative to expediting the topographic mapping 
program in Florida and producing related photographic maps of the 
shore line. 

In answer to the Governor's question, the Director said the State 
Road Department was in full accord, that this was to expedite 
photographic and topographic mapping. 

On motion made by Mr. Dickinson, seconded by Mr. Williams and Mr. 
Adams, the Trustees authorized the negotiation to proceed. 



OKEECHOBEE COUNTY - Lease Assignment. Motion was made by Mr. Williams, 
seconded by Mr. Christian and adopted unanimously, that the Trustees 
approve assignment of Lease No. 1200 from David G. Swartz, as 
Trustee, to Taylor Creek Fishing and Hunting Lodge, Inc. Executed 
instrument of assignment and acceptance of assignment were filed 
in the Land Office. 



POLK COUNTY - Appraisal. Staff requested authority to employ a 
qualified appraiser for the purpose of appraising the Federally- 
owned land on which the Avon Park Correctional Institution is 
located, consisting of 581.6 acres declared surplus by the United 
States and available for purchase by the State of Florida. 

The value placed on the land and buildings by the U. S. appraisal 
is considered excessive by the Cabinet Sub-Committee on the 
Division of Corrections. As the U. S. appraisal is not available 
for examination, the Divisioiof Corrections recommends that the 
Trustees secure an appraisal to use in making a counter proposal. 
The Division of Corrections agreed to bear all costs in connection 
with the appraisal. 

Motion was made by Mr. Adams, seconded by Mr. Dickinson and Mr. 
Williams, and adopted unanimously, that an appraisal be secured. 



PALM BEACH COUNTY - The Trustees received a letter from Mr. Donald 
0. Morgan, Director of the Area Planning Board, Palm Beach County, 
in which he objected to a statement made in the Trustees' meeting 
on November 12, 1968, that certain plans had already been approved 
by the Area Planning Board. The letter from Mr. Morgan stated that 
any allegation or implication that the Area Planning Board had 
approved the plan referred to is false, and he further requested 



2-4-69 

- 203 - 



that the position of the Area Planning Board be made clear and 
reflected in the minutes of the Trustees. 

Without objection, the Trustees authorized the minutes of this 
date to show the above. 



DADE COUNTY - Dredge Permit, Sections 253.124 and 253.123. The 
Commission of the City of Miami by Resolution No. 40209 adopted on 
December 18, 1968, issued a permit to dredge and fill submerged 
land in Sections 5 and 6, Township 54 South, Range 42 East, in 
Biscayne Bay at Dodge Island, New Port of Miami, Dade County. 

The applicant, city of Miami, applied for permit to remove 
350,000 cubic yards of material from Sections 5 and 6, Township 
54 South, Range 42 East, in Biscayne Bay. The Florida Board of 
Conservation report stated that because of extensive dredging and 
filling already done for development of the City of Miami Waterfront, 
the Intracoastal Waterway, and Dodge Island, the marine habitat in 
this section of Biscayne Bay had been drastically altered and adverse- 
ly affected, and that there should be no significant adverse effect 
on marine life, habitat or fisheries. 

On motion by Mr. Dickinson, seconded by Mr. Christian and adopted 
unanimously, the Trustees authorized issuance of the permits under 
Section 253.124 and 253.123 Florida Statutes. 



HIGHLANDS COUNTY - Dredge Permit. Section 253.03 Florida Statutes. 
On November 2, 1968, Mr. and Mrs. Steven Hudeck applied for a permit 
authorizing removal of 700 cubic yards of material from Lake June- 
in-Winter in Section 26, Township 36 South, Range 29 East, Highlands 
County. They tendered check for $70.00 as payment for the material 
to be used to fill an old boat basin on their upland property. 

The Florida Game and Fresh Water Fish Commission reported favorably, 
subject to stipulations as to dredging which will be included in 
the permit. 

On motion by Mr. Dickinson, seconded by Mr. Williams and adopted 
unanimously, the Trustees approved issuance of the dredge permit. 



LEON COUNTY - Dredge Permit, Section 253.03. Mr. Red Smith, on 
behalf of Sam Crowder - Red Smith Boat Landing, applied for a 
permit to clean out an existing boat basin extending from appli- 
cant's upland in Section 10, Township 1 North, Range 1 West, into 
Lake Jackson in Leon County. The material removed would be placed 
on upland property. 

Florida Game and Fresh Water Fish Commission report offered no 
objection to the project. 

On motion by Mr. Christian, seconded by Mr. Williams and adopted 
unanimously, the Trustees approved issuance of the permit. 



POLK COUNTY - Dredge Permit, Section 253.03 Florida Statutes. 
Mr. Frank R. Prothero applied for after-the-fact permit for 
removing 60 cubic yards of material from Lake Hartridge in Section 



2-4-69 



- 204 - 



7, Township 28 South, Range 26 East, Polk County, and replacing the 
material with white sand. Applicant tendered his check for $100.00 
as payment for permit. 

Florida Game and Fresh Water Fish Commission reported that the work 
had been completed prior to field investigation. Staff on-site 
inspection indicated that the disturbed area was rehabilitating 
itself. 

Motion was made by Mr. Adams, seconded by Mr. Williams and adopted 
without objection, that the Trustees authorize issuance of after-the- 
fact dredge permit for $100.00 fee. 



PINELLAS COUNTY - Dock Permits, Section 253.03 Florida Statutes. 
The Pinellas County Water and Navigation Control Authority issued 
dock permits, subject to Trustees' approval, to the following; 

1. Mr. Robert E. Roberts - T-head dock in Boca Ciega Bay 
in Section 23, Township 31 South, Range 15 East; 

2. Mr. George Nanussi - T-head dock in Clearwater Harbor 
in Section 8, Township 29 South, Range 15 East; 

3. Mr. John Steiner - L-head dock in Boca ciega Bay in 
Section 23, Township 31 South, Range 15 East. 

All required exhibits including $100.00 processing fee were 
submitted to the Trustees' office for each application. 

On motion made by Mr. Adams, seconded by Mr. Williams and adopted 
unanimously, the Trustees authorized issuance of the three state 
commercial dock permits. 



VOLUSIA COUNTY - Dock Permit, Section 253.03 Florida Statutes. 
Sandbar Inc. of Florida, in care of Mrs. Leola V. Davis, applied 
for permit to construct L-head dock in Halifax River at Port Orange 
in Section 3, Township 16 South, Range 33 East, Volusia County. 
All required exhibits including $100 processing fee were submitted. 

On motion by Mr. Adams, seconded by Mr. Williams and adopted 
unanimously, the Trustees approved issuance of state commercial 
dock permit. 



BREVARD COUNTY - Dredge Permit, Section 253.123 Florida Statutes. 
Mr. Alan A. Thelen, City Manager of Titusville, Florida, applied 
for permit for maintenance dredging in the channel connecting the 
Titusville Yacht Basin in Section 34, Township 21 South, Range 35 
East, Brevard County, with the Intracoastal Waterway in the Indian 
River north of State Road No. 402. The material removed would be 
placed on adequately-diked city uplands. 

The Florida Board of Conservation reported that the area was not 
extensively vegetated and maintenance dredging would not 
significantly or adversely affect marine resources. 

Motion was made by Mr. Adams, seconded by Mr. Williams and adopted 
unanimously, that dredge permit be issued. 



- 205 - 



BAY COUNTY - Dredge Permit, Section 253.123 Florida Statutes. 
Mr. C. E. Peterson, Director of Public Works, on behalf of the City 
of Panama City applied for permit for channel maintenance dredging 
adjacent to city marinas and existing navigation channels that are 
maintained by the city in Sections 6 and 8, Township 4 South, 
Range 14 West, Bay County, Florida. 

Florida Board of Conservation reported that the work in St. Andrews 
Bay would not be adverse to marine resources. 

Motion was made by Mr. Adams, seconded by Mr. Williams and adopted 
unanimously, that dredge permit be issued. 



TRUSTEES ' FUNDS - Approval was requested for payment of invoice 
from A. B. Letter Service, Inc., New Orleans, La., for $4,786.54 
for reproduction of appendix in the case of Kirk vs Mays, No. 26568. 
The bill was approved by the Chief Trial Counsel, Office of the 
Attorney General, who is handling the litigation covering property 
in St. Johns County. The Director said he thought it best to get 
the Board's approval for payment. 

On motion by Mr. Williams, seconded by Mr. Adams and adopted 
unanimously, the Trustees approved payment of the bill. 



TRUSTEES ' FUNDS - Presented for consideration was a matter, approved 
on this date by the Board of Commissioners of State Institutions, 
whereby the Trustees assumed obligation of $690,412.31 advanced 
from the working capital fund to pay for plans and specifications 
for the center section of the capitol and repairs and renovations. 

On motion by Mr. Dickinson, seconded by Mr. Adams and unanimously 
adopted, the following resolution was approved for execution: 

RESOLUTION 

WHEREAS, the Board of Commissioners of State 
Institutions has obligated itself to repay certain monies 
in the total amount of $690,412.31 advanced from the 
working capital fund to pay for plans and specifications 
for the center section of the capitol and repairs and 
renovations, and 

WHEREAS, the Trustees of the Internal Improvement Fund 
are now desirous of assuming this obligation. NOW, THEREFORE, 
Be It Resolved by the Trustees of the Internal Improvement 
Fund: 

That the Trustees of the Internal Improvement Fund do 
hereby agree to and hereby do assume the aforesaid obligation. 

That the Trustees of the Internal Improvement Fund 
do hereby agree to fully pay and satisfy said obligation 
on or before April 1, 1969. 

IN WITNESS WHEREOF, we place our hands and seals 
this 4th day of February, 1969. 

CLAUDE R. KIRK (SEAL) 

Governor 

TOM ADAMS (SEAL) 

Secretary of State 



2-4-69 



- 206 - 



EARL FAIRCLOTH (SEAL) 

Attorney General 

FRED 0. DICKINSON, JR. (SEAL) 

Comptroller 

BROWARD WILLIAMS (SEAL) 

Treasurer 

FLOYD T. CHRISTIAN (SEAL) 

Commissioner of Education 

DOYLE CONNER (SEAL) 

Commissioner of Agriculture 



QUARTERLY REPORT - Complying with the requirements of Rule 13 
of the Rules and Regulations of the Florida Cabinet, the 
Director submitted his report for the fourth quarter of 1968 
on the operations of the Trustees' office. 

On motion by Mr. Adams, seconded by Mr. Dickinson and adopted, 
the Trustees received the quarterly report. 



AQUATIC PRESERVES HEARINGS - Director Randolph Hodges informed 
the Board that hearings had been scheduled to begin February 
13 in Panama City, Florida, and each Thursday night thereafter 
through April 10 in other cities, for the purpose of obtaining 
information relative to the proposal to establish aquatic 
preserves in locations recommended by the Florida Interagency 
Advisory Committee on Submerged Land Management in Report No. 2. 



DREDGING OPERATIONS - The Director reported that intensive 
study of dredging and filling in coastal counties was being 
made, beginning in Monroe county where 60 dredging operations 
were in progress, of which 36 were possible violations. He 
said that, of course, Monroe County was exempt from certain 
provisions of the statutes, including the bulkhead act, but 
all operations without a permit that could be stopped had been 
stopped and the staff would work with the office of the 
Attorney General to take legal action against others. 

Governor Kirk said the local news media should be given full 
information in order to inform the public of the situation. 



SUBJECTS UNDER CHAPTER 18296 

Motion was made by Mr. Conner, seconded by Mr. Williams and 
adopted unanimously, that the Trustees approve Report No. 946 
listing 2 regular bids for sale of land in Baker and Okaloosa 
Counties under provisions of Chapter 18296, the Murphy Act, and 
listing County of Broward Deed No. 437-Supplemental-Corrective 
to Pauline P. Burns issued to supply a more sufficient descrip- 
tion of part of the land conveyed in Broward County Deed No. 
437 to D. S. Davis and Hazel M. Davis bearing date of July 26, 
1940. 



On motion duly adopted, the meeting was adjourned, 



2-4-69 

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\ D^fECTOR n 




* * * 



* * * 



* * * 



Tallahassee, Florida 
February 18, 1969 



The Trustees of the Internal Improvement Fund met on this date in 
the Capitol Building in Senate Hearing Room 31, with the following 
members present: 



Claude R. Kirk, Jr. 

Tom Adams 

Earl Faircloth 

Fred O. Dickinson, Jr. 

Broward Williams 

Doyle Conner 



Governor (Present Part Time) 

Secretary of State 

Attorney General 

Comptroller 

Treasurer 

Commissioner of Agriculture 

(Present Part Time) 



Randolph Hodges 



Director 



On motion duly adopted, the Trustees approved the minutes of the 
meeting held on February 4, 1969. 



DADE COUNTY - Bulkhead Line, Section 253.122 Florida Statutes. 
The Board of County Commissioners of Dade County by Resolution No. 
R_65_69 adopted January 8, 1969, relocated and established bulkhead 
lines along the westerly shore of Biscayne Bay from Coral Gables 
south to the Dade-Monroe County line at U. S. Highway No. 1, in 
the unincorporated area of Dade County. All required exhibits 
were furnished to the Trustees' office. A transcript of the 
special public hearing held in Miami on January 8 showed that 
there were people present in opposition and others in favor of 
relocation of the existing bulkhead line shoreward. 

The Board of Conservation report indicated that if the bulkhead 
line was not set at the line of mean high water, and dredging and 
filling limited to areas shoreward of such line, irreparable damage 
would occur to one of Florida's most productive estuaries. 

Staff recommended disapproval of the bulkhead line as submitted by 
Dade County. The Director said it was not in agreement with, the 
Trustees' philosophy adopted December 31, 1968, did not preserve 
the three red mangrove areas as had been discussed on January 27 
in a conference he had with a representative group of Metro-Dade 
County officials, and was in his opinion a denial by the county 
of a commitment on which the Trustees' Director had based his 
recommendation on two large dredge-fill applications approved by 
the Trustees on January 28, and two large dredge-fill applications 
on the agenda on this date. The Staff recommended that this 
bulkhead line be sent back to the county. 



- 208 - 



2-18-69 



Making presentations in favor of the bulkhead line submitted by 
Dade County were Commissioners R. Hardy Matheson and Earl M. 
Starnes, Jerry Annis for South Dade Council Chamber of Commerce, 
Zeke 0. Ferrell who presented a resolution adopted by Homestead 
Chamber of Commerce, G. Lester Freeman, for Greater Miami Chamber of 
Commerce, Thomas B. DeWolf representing Seadade Industries, and 
George L. Patterson for Florida Power and Light Company. Dade County 
recommended adoption of the bulkhead line which, it was stated, 
corresponded to the vegetation line, provided for planned navigation 
channels, was part of their comprehensive planning, allowed conser- 
vation and development to work together, and was in the public 
interest. The county had supported many conservation movements, 
large areas in Dade County had been set aside for Everglades National 
Park, Central and Southern Florida Flood Control District, Biscayne 
National Monument, Pennekamp Park, Homestead Bay Park, and others. 
After the January 27 conference, Mr. Matheson said, the county could 
not justify having another public hearing. In summarizing the 
position of the county, Mr. Starnes read a letter from a marine 
biologist and ecologist stating it was in the best public interest 
to move the line landward to the outer edge of mangrove or tree 
vegetation. 

Mr. DeWolf said his client, Seadade industries, was concerned 
regarding their ownership in the area and lest the bulkhead line 
be set to preclude them from the water line, or be set to the 
interior of the mangrove growth. 

Mr. Patterson discussed lands owned by Florida Power and Light 
Company based on deeds from the Trustees back into the 1920 's, and 
said his client was generally in agreement with the county proposal 
to place the bulkhead line approximately at the vegetation line. 

Mr. J. F. Redford, representing Dade County izaak Walton League, 
read from another biologist's report, brought out the protection 
afforded by mangrove growth in times of hurricanes, the important 
role of marsh vegetation and bird life, and opposed the bulkhead 
line as set by the county. 

Secretary of State Tom Adams stated the position of the Trustees 
that while applications for development would damage marine biologi- 
cal resources in Dumfoundling Bay, they knew that development in 
Dade County had to go forward and therefore the Trustees exercised 
their discretion by approving applications in the area of lesser 
conservation value in order to preserve areas of more ecological 
worth in South Biscayne Bay. He said the Director's recommendations 
represented what the Trustees were trying to accomplish. 

Mr. Matheson urged the Trustees to approve the bulkhead line with 
the exception of the three red mangrove areas at Black Point, 
Mangrove Point and Card Point, of which he offered the legal 
descriptions . 

After further discussion, the Director asked the Trustees to refer 
the bulkhead line back to the county and let them endeavor to carry 
out what had been worked out in the conference he had with the county 
group on January 27, 1969. 

On motion by Mr. Faircloth, seconded by Mr. Williams and adopted 
unanimously, the Trustees adopted the recommendation of the staff. 



Governor Kirk having excused himself, the Secretary of State 



2-18-69 



- 209 - 



presided as chairman during the remainder of the meeting. 

LEE COUNTY - Oil and Gas Drilling Lease Bid Opening. 
On December 31,1963, upon request of Mobil Oil Corporation, the 
Trustees authorized advertisement for sealed bids for a five-year 
terra oil and gas drilling lease covering the reserved one-half 
interest of the Trustees in the petroleum and petroleum products 
in 240 surface acres of privately-owned land described as follows: 
Eh of SW^; SW^ of SW^; Wh of SE^ and SE^4 of SE^ of Section 27, 
Township 46 South, Range 27 East, containing 240 surface acres, 
more or less, in Lee County, Florida. 

Invitation to bid was published in the Tallahassee Democrat and 
the Fort Myers News-Press, pursuant to law, with bids to be 
opened and read at 10:00 A.M. on February 18, 1969. Right was 
reserved by the Trustees to reject any and all bids, and the 
successful bidder was required to pay all advertising costs. 

The Director opened the one bid received, from Mobil Oil Corpora- 
tion, of a cash consideration of ten dollars ($10.00) per net 
mineral acre; one dollar ($1.00) per net mineral acre annual 
rental in advance, said rental to increase by five percent after 
the first two years; one-eighth (1/8) royalty, for a five (5) 
year term lease prepared on the State Drilling Lease Form. Check 
was tendered in the amount of $1,320.00, representing a cash 
consideration of $1,200.00 and advance rental in the amount of 
$120.00 for the first year of the lease. 

The Director advised that the bid complied with the requirements, 
and on motion duly adopted, the Trustees accepted the bid and 
authorized issuance of state oil and gas drilling lease to 
Mobil Oil Corporation. 



DUVAL COUNTY - Easements, City of Jacksonville, Consolidated 
Government. In connection with the Jacksonville Harbor Deepening 
Project, F. Bradley Kennelly, the attorney for Jacksonville Port 
Authority, sponsoring agency, submitted applications for: 

1. File 2163-16-253.03, Temporary spoil easement (CSA-11 & 12) 
embracing 33 acres of sovereignty lands in Sections 21 

and 22, Township 1 South, Range 28 East, subject easement 
to expire on April 17, 1973; and 

2. File 2164-16-253.03, Permanent spoil easement (MSA-4) 
embracing 52.5 acres of sovereignty lands in Section 25, 
Township 1 South, Range 28 East, Duval County. 

On January 7 the Trustees authorized advertisement of the easement 
and notices v;ere published in the Florida Times Union on January 
17, 24, 31 and February 7, 1968, with proof of publication filed 
in the Trustees' office. Protests were filed by Messrs. George 
Crady and Curtis Lovelace. Staff recommended that the objections 
be overruled and easements for the public project be issued. 

On motion made by Mr. Williams, seconded by Mr. Faircloth and Mr. 
Dickinson, adopted unanimously, the Trustees overruled the objec- 
tions and authorized issuance of the easements applied for by 
Jacksonville Port Authority. 



VOLUSIA COUNTY - Easement, Section 253.03 Florida Statutes. 

2-18-69 
- 210 - 



On motion by Mr. Williams, seconded by Mr. Dickinson and adopted 
unanimously, the Trustees authorized issuance of easement to Florida 
Power & Light Company, 10 feet v;ide by 78 feet in length, under- 
ground cable to be placed to furnish electric service to the nev; 
library building of the Council for the Blind which agency had 
reviewed and approved the request. 



CHARLOTTE COUNTY - Corrective Easement. On motion by Mr. Williams, 
seconded by Mr. Dickinson and adopted unanimously, the Trustees 
authorized issuance of a corrective instrument requested by Dewey 
A. Dye, Jr., attorney representing West Coast inland Navigation 
District, to supersede Trustees Instrument No. 23678 as recorded in 
0. R. 186, page 271, public records of Charlotte County. 



PALM BEACH COUNTY - File No. 2138-50-253.12, Application to Clear 
Land Title. P. J. Brannen, Jr., attorney, on behalf of John Aragona 
Enterprises, Inc., applied to purchase 0.28 acre parcel of sovereignty 
land lying v/ithin the Government Land Office meanders of Boca 
Ratones Lagoon (which is now non-existent) . Purpose of the applica- 
tion is to clear title to the hiatus, for v/hich applicant offers 
$840 for the parcel, at the rate of $3,030 per acre. Staff 
appraisal of a nearby conveyance of lands similarly situated 
placed a value of $1,573.40 per acre in 1963. Staff recommended 
application be advertised for objections only. 

Only four members being present at this time, the Trustees deferred 
action. 



MARTIN COUNTY - File No. 724-43-253.12(5), Application for Filled 
Parcel. William F. Crary, attorney representing Mrs. Lillian 
Weisenberger, submitted application for the purpose of acquiring 
land under provisions of Section 253.12(5) Florida Statutes. The 
0.21 acre parcel was filled between 1961 and 1962 during construction 
of causeway and bridge approach for State Road S-707-A over the 
Indian River. In addition to an application processing fee the 
statute appears to authorize consideration for conveyance in this 
category. Submerged lands in this area have been appraised at the 
rate of $2,180 per acre in 1961. Staff recommended advertisement 
for objections only with applicant required to defray cost of an 
up-to-date appraisal. 

Only four members being present at this time, the Trustees deferred 
action. 



BREVARD COUI-ITY - Modification of NASA Dedications 23151 and 23151-A. 
U. S. Ac Corps of Engineers, Jacksonville District, requested 
execution of modification of dedication to cover foreseeable 
contingencies not embraced in the modification executed by the 
Trustees on March 8, 1967, in order to allow a secondary use not 
conflicting with the primary use as a Space Launch Center. 
Contemplated secondary use is for establishment of a wildlife 
refuge and/or public park and recreation area. 

Motion was made by Mr. Dickinson, seconded by Mr. Williams and 
adopted unanimously, that the request be approved contingent upon 
review and approval as to legality and form by the Attorney General, 



2-18-69 

- 211 - 



DADE COUNTY - Dredge Permits, Sections 253.124 and 253.123 F. S. 

1. The Board of County Commissioners of Dade County by Resolution 
No. R-112-69 adopted January 21, 1969, issued a construction permit 
under the provisions of Section 253.124 Florida Statutes, to Atlas 
Terminals of Florida, Inc., to fill lands lying landward of the 
established bulkhead line in Section 3, Township 52 South, Range 

42 East, in Dumfoundling Bay, Dade County. 

Also, Atlas Terminals of Florida, Inc., applied for permit to remove 
433,000 cubic yards of material from the northern part of Dumfound- 
ling Bay in Section 3, Township 52 South, Range 42 East, and tendered 
check for $43,300 as payment for the material. 

2. The Board of County Commissioners of Dade County by Resolution 
R-1374-68 adopted November 19, 1968, issued a construction permit 
under provisions of Section 253.124 Florida Statutes, to Raymond 
G. Williams to fill lands lying landward of the established bulk- 
head line in Section 10, Township 52 South, Range 42 East, in 
Diamfoundling Bay, Dade County. 

Also, Saul J. Morgan and Norman Cohen, as Co-Trustees, successors 
in title to Raymond G. Williams, applied for permit to remove 
522,500 cubic yards of material from the southern part of 
Dumfoundling Bay in Section 10, Township 52 South, Range 42 East, 
for which the charge would be $52,250. 

For both the above applications,, the Board of Conservation biological 
reports stated that dredging in the proposed borrow areas would 
adversely affect nursery and feeding grounds for marine life.' 

As these two applications were related to the agreement reached 
in the January 27th conference with Dade County officials, the 
Director suggested that action not be taken, and Mr. Faircloth 
said they should be withdrawn from the agenda. Mr. R. B. Gautier, 
representing the Atlas firm, and Mr. Salomon Y. Kenney and Mr. 
Morgan, speaking for the second application, argued that their 
requests not be made to bear the brunt of the county's action on 
the bulkhead line, that they were different matters, that their 
developments involved much work, planning and expenditures. 

Members expressed themselves as being aware of the developments 
being worth while provided there was agreement as to South Biscayne 
Bay, but the county had not completed its work and the situation 
had to be resolved. After further discussion, Mr. Hodges said 
that the Attorney General had advised that the county would have 
to advertise for a change in the bulkhead line for a period of 
30 days, therefore he v/ithdrew his recommendation that the two 
dredge and fill applications be removed from the agenda. 

Motion was made by Mr, Faircloth, seconded by Mr. Dickinson and 
adopted v/ithout objection, that dredge and fill applications under 
Sections 253.124 and 253.123 Florida Statutes be approved for Atlas 
Terminals of Florida, Inc., and for Saul J. Morgan and Norman 
Cohen, as Co-Trustees, Successors in title to Raymond G. Williams. 



DADE COUNTY - Dredge Permit, Section 253.123 Florida Statutes. 
On motion by Mr. Williams, seconded by Mr. Dickinson and adopted 
without objection, the Trustees authorized issuance of a permit to 
Florida Power & Light Company, Miami, Florida, to install a 
submarine cable crossing the Miami River at SW 2 Avenue and SW 5 



2-18-69 



- 212 - 



street in Section 37, Township 54 South, Range 41 East, Miami, Dade 
County, without requirement of biological study as provided under 
Section 253. 123 (3) (a) since the work will serve the public need. 



DADE COUNTY - Dock Permit, Section 253.03 Florida Statutes 

On motion by Mr. Williams, adopted without objection, the Trustees 
authorized issuance of state commercial dock permit for $100.00 proces- 
sing fee, to Bay 23 Corporation, Miami, Florida, for a parallel dock 
in Biscayne Bay in Section 30, Township 53 South, Range 42 East, Dade 
County. 



MONROE COUNTY - Dredge Permit, Section 253.03 Florida Statutes, File 

No. 79 
At the request of Mr. Hodges, the Trustees removed from the agenda an 
application from George R. Dennis for permit for boat basin and break- 
water in the Atlantic Ocean at Lower Matecumbe Key in Section 21, Township 
64 South, Range 36 East, Monroe County. 

Florida Board of Conservation reported that "By January 21, 1969, 
construction had progressed to the point where it was impossible to 
determine if valuable marine habitat had been destroyed by this 
project . . . the completion of the project will not increase any 
adverse effects which may have already occurred." 



MONROE COUNTY - Dredge Permit, Section 253.03 Florida Statutes, File 
No. 56 

L. P. Ralston of Islamorada, Florida, applied for permit to construct 
a navigation channel 50 feet wide by 5 feet deep by 300 feet long in 
Tarpon Basin at Key Largo in Section 22, Township 61 South, Range 39 
East, Monroe County. Florida Board of Conservation reported the area 
was vegetated and while the channel was not excessively wide, it would 
destroy vegetation and adversely affect marine life. The report further 
stated that this channel itself might not have a significant effect on 
the surrounding area, but a small channel such as this in front of 
every 100 foot tract would have serious effects. 

On motion by Mr. Dickinson, duly adopted, the Trustees authorized 
issuance of a permit for dredging the navigation channel. 



MONROE COUNTY - Dredge Permit, Section 253.03 Florida Statutes, File 

No. 88 

On motion by Mr. Dickinson, duly adopted, the Trustees approved dredge 
permit for James A. Selman to construct navigation channel 25 feet wide, 
5 feet deep and 600 feet long in Bogie Channel in Section 23, Township 
66 South, Range 29 East, Monroe County, to serve applicant and his 
neighbor. 

The material would be placed on applicant's upland property, and 
Florida Board of Conservation reported that the submerged lands in 
the area were vegetated and valuable to marine resources, but access 
channel should have only limited adverse effects on marine life. 



2-18-69 

- 213 - 



MONROE COUNTY - Dredge Permit, Section 253.03 Florida Statutes, File 

No. 65 
Robert E. Scharf, et al, applied for permit to construct a navigation 
channel 1800 feet long, 50 feet wide, and 15 feet deep adjacent to 
Geiger Key in Sections 27 and 34, Township 67 South, Range 26 East, 
Monore County. Applicant tendered check for $2,000 as payment for 
the 20,000 cubic yards of material to be removed from the overcut, 
which would be deposited on applicant's upland property. 

Florida Board of Conservation reported that while the submerged 
lands in the area are vegetated, the proposed channel to provide 
access to applicant's property should not seriously affect marine 
life of the area. 

On motion by Mr. Dickinson, duly adopted, the Trustees approved the 
dredge permit. 



PINELLAS COUNTY - Dock Permit, Section 253.03 Florida Statutes. 
The Pinellas County V^ater and Navigation Control Authority issued 
a permit to Roy J. Deeb of St. Petersburg, Florida, to construct a 
T-head dock in Boca Ceiga Bay in Section 30, Township 31 South, 
Range 16 East, Pinellas County. All required exhibits including 
$100 processing fee were submitted for state commercial dock permit, 

Motion was made by Mr. Williams, seconded by Mr, Dickinson and 
adopted without objection, that the dock permit be approved. 



WAKULLA COUNTY - Dredge Permit, Section 253.123 Florida Statutes. 
On motion by Mr. Dickinson, seconded by Mr. Williams and adopted 
without objection, the Trustees approved a permit for Lester Lewis 
for a perimeter navigation channel 35 feet wide by 4 feet deep by 
700 feet long at Live Oak Island, Forbes Purchase, in Township 5 
South, Range 1 East, Wakulla County. The material removed will be 
deposited on applicant's upland. Florida Board of Conservation 
biologist reported that the dredge area had been adversely affected 
by oil from a leaking barge and no adverse effects from the project 
were foreseen. 



BROWARD COUNTY - Dredge Permit, Section 253.123 Florida Statutes. 
On motion duly adopted, the Trustees approved issuance of a permit 
to the City of Fort Lauderdale to install a sanitary sewer outfall 
in North Fork of New River in Section 4, Township 50 South, Range 
42 East, Broward County, without requirement of a biological survey 
as provided in Section 253. 123 (3) (a) . The Florida Air and Water 
Pollution Control Commission had no objection to the installation. 



LEE COUNTY - Dredge Permit, Section 253.123 Florida Statutes. 

On motion duly adopted, the Trustees approved issuance of a permit 

to the City of Fort Myers to install a sanitary sewage outfall in 

the Caloosahatchee River in Section 3, Township 45 South, Range 24 

East, Lee County, without requiring a biological survey as provided 

in Section 253. 123 (3) (a) Florida Statutes. The Florida Air and 

Water Pollution Control Commission had no objection to the installation. 



2-18-69 
- 214 - 



PALM BEACH COUNTY - Dredge Permit, Section 253.123 Florida Statutes. 
On motion by Mr. Dickinson, adopted without objection, the Trustees 
approved issuance of a permit to Florida Power & Light Company, West 
Palm Beach, Florida, to install a submarine cable crossing under the 
Intracoastal Waterway at State Road 707 in Section 31, Township 40 
South, Range 43 East, Palm Beach County, without requiring a biological 
survey as provided in Section 253. 123 (3) (a) Florida Statutes. 



MARTIN COUNTY - Dredge Permit, Section 253,123 Florida Statutes. 
On motion by Mr. Faircloth, duly adopted, the Trustees approved issu- 
ance of a permit to Southern Bell Telephone & Telegraph Company for 
installation of a submarine cable across the Indian River in Sections 
35 and 36, Township 37 South, Range 41 East, and in Section 31, Town- 
ship 32 South, Range 42 East, Martin County, without requiring a bio- 
logical survey as provided in Section 253. 123 (3) (a) Florida Statutes. 



MARTIN COUNTY - Dredge Permit, Section 253.123 Florida Statutes. 

On motion adopted without objection, the Trustees approved issuance 

of a permit to Florida Power & Light Company, West Palm Beach, Florida, 

for the installation of a submarine cable across the Intracoastal 

Waterway at Hobe Sound, Florida, north of State Road 707 in the Gomez 

Grant, Township 39 South, Range 42 East, Martin County, without requiring 

a biological survey as provided in Section 253. 123 (3) (a) Florida Statutes. 



MONROE COUNTY - Dredge Permit, Section 253.03, File No. 73. 
Delbert L. Layton, Mayor of the City of Layton in Monroe County applied 
for permit to construct a navigation channel and boat basin on sub- 
merged lands that he had purchased from the Trustees in Government Lot 
2, Section 33, Township 64 South, Range 35 East, Monroe County. The 
material removed from the excavation would be deposited on applicant's 
upland property. 

The Florida Board of Conservation reported that the proposed navigation 
channel would destroy some marine habitat, but would provide access 
to the applicant's property. A portion of the proposed basin had been 
previously blasted, destroying some vegetated habitat, and further 
destruction of the vegetated area would have adverse effects on marine 
life, report stated. The applicant had advised that the project would 
create a municipal marina. 

As this application had after-the-fact aspects, Mr. Adams asked if 
any damage would be done by holding it for one week. 

The staff was directed to hold the application for one week. 



ST. LUCIE COUNTY - Dredge Permit, Section 253.123 Florida Statutes. 
Florida Power & Light Company, West Palm Beach, Florida, applied for 
permit to install a submarine cable across the Indian River in Section 
1, Township 36 South, Range 40 East, and in Section 5, Township 36 
South, Range 41 East, in the Indian River 5.66 miles South of South 
Fort Pierce Bridge in St. Lucie County. Staff requested waiver of 
the biological survey as provided in Section 253. 123 (3) (a) Florida 
Statutes. 

On motion adopted without objection, the Trustees approved issuance 
of permit to the applicant without the requirement of biological 



2-18-69 

- 215 - 



survey, for the submarine cable. 



BAY COUNTY - Dredge Permit, Section 253.123 Florida Statutes, File 

No. 200 
On motion adopted without objection, the Trustees approved issuance 
of dredge permit under Section 253.123 Florida Statutes, for channel 
and boat basin maintenance dredging in St. Andrews Bay in Section 1, 
Township 4 South, Range 15 West, Bay County, the Florida Board of 
Conservation report having shown that this work in channel and boat 
basin maintained by the city would not be adverse to marine resources 
in St. Andrews Bay. The applicant was the City of Panama City. 



FRANKLIN COUNTY - Dredge Permit, Section 253.123 Florida Statutes, 

File No. 195 
On motion adopted without objection, the Trustees approved issuance 
of permit to N. R. Robinson, Town Motel and Marina, Carrabelle, 
Florida, for maintenance dredging to improve navigation adjacent to 
applicant's docks in the Carrabelle River in Township 7 South, Range 
4 West, Franklin County. Florida Board of Conservation report 
indicated no adverse effects on marine resources from the work. 



PINELLAS COUNTY - Dredge Permit, Section 253.123 Florida Statutes. 
The United States of America, Department of the Army, Jacksonville 
District, Corps of Engineers, applied for permit to remove material 
from the Gulf of Mexico offshore from Indian Rocks Beach and Treasure 
Island, Florida. The material removed will be used for emergency 
restoration and protective works on eroded Gulf beaches at Indian 
Rocks Beach and Treasure Island as approved by the staff of the 
Florida Board of Conservation. Consent of all riparian upland 
owners was obtained. 

On motion adopted without objection, the Trustees approved issuance 
of the permit. 



HIGHLANDS COUNTY - After-the-fact Dredge Permit, Section 253.03 

Florida Statutes. 
Highlands County Title & Guaranty Land Company made application for 
after-the-fact permit pursuant to agreement reached with the office 
of the Attorney General to pay for 14,690 cubic yards of material at 
the rate of 30 cents per cubic yard, which had been removed from Lake 
Grassy in Section 21, Township 37 South, Range 30 East, Highlands 
County. The encroachment will be removed in the manner prescribed by 
this office. Check in the amount of $4,407.00 was tendered for the 
material, and staff recommended approval. 

As this was an after-the-fact application, the staff was directed to 
hold it. Mr Faircloth said he would like to review the application. 



MAPPING AND TOPOGRAPHIC SURVEY - On motion adopted without objection, 
subject to approval of the Attorney General, the Trustees approved 
entering into an agreement between the United States Geological 
Survey and the State of Florida for the purpose of accelerating the 
topographic survey and mapping program of the state, and granted 
authority to accept contribution of $250,000 from the Florida Board 



2-18-69 
- 216 - 



of Conservation for the current fiscal year for this purpose. 



DADE COUNTY - File no. 1736-13-253.12 - Refund 

On motion adopted without objection, the Trustees authorized issuance 
of refund of the $50.00 application fee filed with the Trustees on 
October 8, 1965, in connection with application to purchase submerged 
land in the Atlantic Ocean abutting Elliott Key in the City of Islandia, 
Dade County. Mr. John F. Michel requested withdrawal of application 
and refund. 



The Director removed from the agenda a request regarding purchase of 
cameras. 



SUBJECTS UNDER CHAPTER 18296 



The Trustees directed the staff to hold for one week two Murphy Act 
items, consideration of Report No. 947 and an application for re'. 
of public purpose clause and reverter in Indian River County Deed^ 
267. 



On motion duly adopted, the meeting w 



ATTEST: 



I DII^TOR // 




* * * 



* * * 



■k * * 



Tallahassee, Florida 
February 25, 1969 



The Trustees of the Internal Improvement Fund met on this date in the 
Capitol, in Senate Hearing Room 31, with the following members present: 



Claude R. Kirk, Jr. 
Tom Adams 
Earl Faircloth 
Broward Williams 
Floyd T. Christian 
Doyle Conner 



Governor 

Secretary of State 

Attorney General 

Treasurer 

Commissioner of Education 

Commissioner of Agriculture 



Randolph Hodges 



Director 



2-25-69 



- 217 - 



On motion duly adopted, the Trustees approved minutes of the meeting 
held on February 18, 1969. 



DREDGING OPERATIONS - The Director reported that the study of dredge 
and fill operations in progress, discussed with respect to those in 
Monroe County in the Trustees' meeting on February 4, 1969, was 
continuing. In Collier, Charlotte, Lee and Sarasota Counties the 217 
in progress, 42 without permit and potential violators, were being 
checked out. 

Mr. Adams recalled that the Trustees had taken some action regarding 
a requirement that a permit be issued and displayed in an appropriate 
place. The Director said the Board did adopt such requirement, and 
the staff was trying to develop a satisfactory manner of displaying a 
permit. He mentioned difficulties to be resolved, such as the moving 
of dredge equipment which made it difficult for the uniformed officer 
to verify the permitted location for the work. 



BREVARD COUNTY - File No. 1749-05-253.124, Oakland Consolidated 

Corporation vs. Trustees of Internal Improvement 
Fund, Case No. 68-472 
Pursuant to stipulation entered into between attorney for plaintiff 
and defendant Trustees in the above-styled cause, there was placed 
before the Trustees on this date for immediate consideration the re- 
quest of Oakland Consolidated Corporation for amendment of their dredge 
and fill permit denied by action of the Trustees on March 12, 1968. 

Assistant Attorney General Stephen M. Slepin explained the purpose of 
the stipulation - to hold in abeyance litigation proceedings until the 
(applicant) plaintiffs had opportunity to amend their dredge and fill 
permit application which they had done and it was before the Trustees, 
to limit the dredging to areas owned by the plaintiffs. 

Representing his client, Oakland Consolidated Corporation, Mr. J. Lewis 
Hall, Jr., showed a plat depicting areas deleted from the original 
dredge and fill application, reviewed the procedures and actions of his 
client, Brevard County and the Trustees with respect to the bulkhead 
line, land sale and application for permit to dredge and fill. He 
said that because his client could not use the land the Trustees sold 
to them, it was in effect a taking of the land. Mr. Faircloth said it 
did raise the issue of inverse condemnation and raised some fundamental 
questions which should be determined by the court. 

Asked for his recommendation, the Director said it was a very important 
case and he recommended that the Trustees deny the amended application. 
The policy of the Trustees adopted on December 31, 1968 and instructions 
to the staff were that all dredge and fill applications be denied in 
all areas until the county had reviewed its bulkhead line in the light 
of Interagency Advisory Committee recommendations and submitted revised 
bulkhead line following the mean high water line where recommended or 
if elsewhere, a showing of the public interest justifying the location 
of the bulkhead line. Mr. Hodges said that Oakland Consolidated was 
asked to handle the amended application through the local governing 
body. 

After further discussion, questions by members answered by Mr. Hall, 
Attorney General Faircloth and the Director, motion was made by Mr. 
Adams, seconded by Mr. Faircloth and adopted unanimously, that the 
Trustees deny the amended application for dredge and fill permit to 



2-25-69 
218 - 



Oakland Consolidated Corporation. 



BREVARD COUNTY - Permanent Spoil Easement. The City of Eau Gallie, 
sponsoring agent, on behalf of the United States, requested permanent 
spoil easement embracing 14.59 acres in the Indian River adjacent to 
Sections 21 and 22, Township 27 South, Range 37 East, in connection 
with improvement of Eau Gallie Harbor authorized by Congress. 

The State Board of Conservation biological report indicated that some 
damage to marine resources would be done to the area contemplated for 
spoiling. The Trustees' staff recommended issuance of the easement. 
Mr. Hodges said that when such items came to the Trustees for consid- 
eration, with unfavorable biological reports, he thought the Trustees 
should consider the broader spectrum, the public interest, in addition 
to conservation factors. Mr. Adams thought that should relieve the 
apprehensions of some people, and Mr. Christian said it was a good way 
to present the matters. 

On motion by Mr. Adams, seconded by Mr. Christian and adopted unanimously, 
the Trustees authorized issuance of permanent spoil easement as requested. 



DUVAL COUNTY - The State Road Department requested dedication of right 
of way over bottoms of the Ortega River in connection with bridge 
construction in John H. Mcintosh Grant (Section 42) , Township 3 South, 
Range 26 East, Parcel No. 118.1, Section 72030-2504, State Road 15. 
No dredging or filling was contemplated. 

On motion by Mr. Adams, seconded by Mr. Christian and adopted unanimously, 
the Trustees approved dedication of the parcel requested by the State 
Road Department for right of way. 



MARTIN COUNTY - File No. 724-43-253.12(5) William F. Crary, attorney 
representing Mrs. Lillian Weisenberger , submitted an application to 
acquire land under the provisions of Section 253.12(5) Florida Statutes. 
The 0.21 acre parcel in Section 15, Township 37 South, Range 41 East, 
Martin County, was filled between 1961 and 1962 during construction of 
causeway and bridge approach for State Road S-707-A over the Indian 
River. 

In addition to an application processing fee, the statute appeared to 
authorize consideration for conveyance in this category. The submerged 
lands in the area were appraised in 1961 at the rate of $2,180.00 per 
acre. Staff recommended advertisement of the parcel for objections 
only, and that applicant be required to defray cost of an up-to-date 
appraisal. 

On motion by Mr. Adams, seconded by Mr. Faircloth and Mr. Christian, and 
adopted unanimously, the Trustees accepted the staff recommendations. 



PALM BEACH COUNTY - File No. 2138-50-253,12 Mr. P. J. Brannen, Jr., 
attorney, submitted application on behalf of John Aragona Enterprises, 
Inc., for purchase of 0.28 acre of sovereignty land lying within the 
Government Land Office meanders of Boca Ratones Lagoon (which is now 
non-existent). Purpose of the application was to clear title to the 
hiatus, and applicant offered $840.00 for the parcel at the rate of 
$3,000.00 per acre. Staff appraisal of a nearby conveyance of land 



2-25-69 

- 219 - 



similarly situated placed a value of $1,573.40 per acre in 1963. 

On motion by Mr. Adams, seconded by Mr. Christian and adopted 
unanimously, the Trustees authorized advertisement of the land for 
objections only. 



VOLUSIA COUNTY - Section 253.03 Florida Statutes. Easement. 
Florida Power Corporation requested an easement to construct an 
electrical distribution system within Hontoon Island State Park in 
Volusia County to furnish electrical power to the park. The Board 
of Parks reviewed and approved the request. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted 
unanimously, the Trustees authorized issuance of the easement requested 
by Florida Power Corporation. 



PALM BEACH COUNTY - File No. 20494"B"-50-253. 123 and 253.124. 
Withdrawn from the agenda at the Director's request, for further 
staff work, was an application from the City of Lake Worth for a 
dredge and fill permit. 



MONROE COUNTY - Partial After-the-Fact , Section 253.03 Florida Statutes. 
Central Keys Marine Corporation, in care of Bailey, Mooney, Post 
Associates, Inc., applied for permit to fill submerged land in 
Florida Bay in Section 28, Township 63 South, Range 37 East, Monroe 
County, acquired from the Trustees under Deed No. 21694 dated 
December 12, 1957, and Deed No. 21412 dated November 2, 1956. Appli- 
cant intended to complete construction of the enclosure of the yacht 
basin, using fill material from other sources. 

The Director said the filling was in process, applicant was stopped 
by Trustees' office on December 11, 1968, and requested to file for 
a permit - which he had done, and the staff recommended approval. 
The Board of Conservation biological report was not favorable. Mr. 
Hodges said this was in Monroe County, exempt from the Bulkhead Act, 
applicant owned the property, having bought it from the Trustees in 
good faith, and there was some question as to how much legal authority 
the staff had to stop such work. The staff had spent many hours dis- 
cussing the problems with the assistants of the Attorney General. 

Assistant Attorney General Herbert Benn said it was related to the 
questions raised in the Oakland Consolidated Corporation case. It 
was suggested that the item be removed from the agenda until the 
outcome of that litigation. 

Asked by Mr. Christian if it would work any hardship, Mr. Jim Smith 
replied that in several instances applicants had indicated by letter 
that delay would work a hardship. Mr. Adams said the staff was 
working to be legally consistent. Mr. Faircloth added that the 
decision in the Oakland case would be a guide. 

On motion by Mr. Adams, seconded by Mr. Faircloth and adopted 
unanimously, the Trustees removed from the agenda the application 
from Central Keys Marine Corporation, and also the following similar 
applications: 

Delbert L. Layton, Mayor of the City of Layton, Florida; 
application for partial after-the-fact dredge permit for 
Boat Basin and Channel in Florida Bay in Section 33, Town- 
ship 64 South, Range 35 East, (work started 2 years ago). 



2-25-69 
- 220 - 



George R. Dennis, in care of Bailey, Mooney, Post Associates, 
Inc.; application for partial after-the-fact permit for boat 
basin and breakwater at Lower Matecumbe Key in Section 21, 
Township 64 South, Range 36 East, in Atlantic Ocean. 



MONROE COUNTY - Dredge and Fill Permit, Navigation Channel. 
Bluewater Trailer Village, Inc., in care of Bailey, Mooney, Post 
Associates, Inc., applied for permit to construct a perimeter naviga- 
tion channel 850 feet long, 70 feet wide, 15 feigt deep, adjacent to 
applicant's filled and submerged land in Hawk. Channel in Section 26, 
Township 62 South, Range 38 East, Monroe County, and permit to place 
the material from the overcut on submerged land acquired from the 
Trustees under Deed No. 22575 dated Sept. 15, 1960. Applicant tendered 
check for $2,500.00 as payment for the 25,000 cubic yards overcut. 

Florida Board of Conservation reported that the project would have 
definite adverse effects on marine life of the area. 

Mr. Hodges said the application was not in the same category as the 
above permit applications, that this was a navigation channel. 

On motion by Mr. Adams, seconded by Mr. Christian and adopted without 
objection, the Trustees authorized issuance of the permit as requested. 



SANTA ROSA COUNTY - Partial After-the-Fact Dredge Permit, Channel 

Dredging, Section 253.123, File 191 
Barba Investment Company of Gulf Breeze, Florida, applied for a permit 
to complete construction of a channel 40 feet wide, 5 feet deep, and 
125 feet long in Section 32, Township 2 South, Range 28 West, in Santa 
Rosa Sound. The applicant was engaged in the dredging operation, 
stopped and taken to court, fined and requested to make application 
for a permit. The dredge was sunk as result of recent storm in the 
area and applicant needed a channel to perform salvage operation to 
move the dredge into land. 

Florida Board of Conservation reported the area was covered by Cuban 
shoalweed, continued dredging would have adverse effects, but adverse 
effects would be limited if the access channel were kept to the 
requested minimum. Staff recommended approval. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted without 
objection, the Trustees authorized issuance of the dredge permit. 



PINELLAS COUNTY - Dredge Permit, Basin and Access Channel, Section 

253.123 Florida Statutes. 
Pinellas County Water and Navigation Control Authority issued Dredge 
Only Permit No. DO-165 to Robert Sheen, in care of George F. Young. Inc. 
St. Petersburg, Florida, to dredge an access channel 50 feet wide by 6 
feet deep and a basin 100 feet by 85 feet by 6 feet deep in Boca Ciega 
Bay in Section 12, Township 31 South, Range 15 East, Pinellas County. 

Applicant tendered check for $112.00 as payment for 1,120 cubic yards 
of material removed from the overcut. 

Florida Board of Conservation biologist reported that the land in the 
project area was muddy, sparsely vegetated, Cuban shoalweed existed 
200 feet offshore, and coon oysters were found along the existing 
seawall. 



2-25-69 

- 221 - 



On motion by Mr. Faircloth, seconded by Mr. Christian and by Mr. Adams, 
the Trustees approved issuance of the dredge permit as recommended by 
the staff. 



BREVARD COUNTY - Commercial Dock Permit Application 

Mr. Robert G. Mungall of Cocoa Beach, Florida, applied for a permit 

for construction of a house on pilings that would extend 50 feet offshore 

and a dock facility 15 feet outboard of the house proper into the 

Banana River in Section 10, Township 27 South, Range 37 East, Brevard 

County. The construction would be in the proposed Banana River aquatic 

preserve. 

Staff recommended disapproval. Applicant's upland ownership was of 
sufficient depth for his proposed home. Approval of the application 
would open the door for over-the-water housing developments without just 
compensation for the use of the sovereignty bottoms. 

Mr. Mungall said he desired to build a house-dock combination approxi- 
mately one mile north of Melbourne Causeway, and had secured approval 
of the county. He had not found anything in Chapter 253 Florida 
Statutes which applied to what he proposed, but he had been informed 
by the Trustees office that an application for a dock and boathouse 
would be accepted. 

Mr. Faircloth said the policy of the Trustees had been against this 
type of structure and this use of sovereignty lands. He added that at 
one time it resulted in eyesores in South Florida out in the Bay. 

On motion by Mr. Faircloth, seconded by Mr. Christian and adopted 
unanimously, the Trustees disapproved the application as recommended 
by the staff. 

Governor Kirk asked the Director to take a look at the campsites in 
the south shoal area in Biscayne Bay, south of Key Biscayne, where the 
Trustees had authorized a number of one-acre private leases for one 
year with option for renewal on a year-to-year basis for an additional 
four years. The area was sometimes known as "Stiltsville. " 



LAKE COUNTY - Amend Existing Dock Permit 

Lawrence W. Russell of Clermont, Florida, applied to amend existing 
dock permit No. CD-276, to add two bedrooms, bath and living room on 
the shoreward side of the structure which extends 60 feet into the 
land from the shoreline. 

Staff recommended disapproval. The proposed structure would set a 
precedent by permitting construction of housing offshore in fresh water 
lakes. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted unanimously, 
the Trustees disapproved the application. 



OKALOOSA COUNTY - Commercial Dock Permit, Section 253.03 F. S. 
Hudson Marina, Inc., at Fort Walton Beach, Florida, applied for a permit 
for construction of commercial docks for a marina in Garniers Bayou in 
Section 1, Township 2 South, Range 24 West, Okaloosa County. 

All required exhibits including $100 processing fee were submitted and 
the staff recommended approval. 



2-25-69 
- 222 - 



On motion by Mr, Christian, seconded by Mr. Adams and adopted unanimously, 
the Trustees authorized issuance of state commercial dock permit to the 
applicant. 



OKALOOSA COUNTY - Commercial Dock Permit, Section 253.03 F. S. 
Application was submitted by Theodore C. Cason, Sr. , of Destin, Florida, 
for construction of a commercial dock offshore from his upland described 
as the East 100 feet of Lot 3-A Moreno Point Military Reservation, 
Official Plat No. 6735-100 Quartermaster General, Washington, D. C. , 
located in Township 2 South, Range 23 West, Okaloosa County. 

All required exhibits including $100.00 processing fee were submitted 
and staff recommended approval. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted unanimously, 
the Trustees authorized issuance of state commercial dock permit to 
Mr. Cason. 



COASTAL PETROLEUM COMPANY LEASE - Governor Kirk asked for a report in 
the Coastal Petroleum matter. Assistant Attorney General Herbert Benn 
said it was anticipated that a suit by Coastal with respect to issuance 
of permits allowing limestone mining in Lake Okeechobee would be dis- 
missed by the federal court, and that suit could be a help in the 
possible invalidation of Coastal's offshore leases. 

Attorney General Faircloth said the staff and his office were studying 
the records and the leases which were issued in the 1940s. 



SUBJECTS UNDER CHAPTER 18296 



On motion by Mr. Conner, seconded by Mr, Adams and adopted unanimously, 
the Trustees approved the following Bidding Reports and authorized 
execution of deeds pertaining thereto: 

Report No. 947 listing 1 regular bid for sale of a lot in 
Clay County at the highest bid of $100.00, under provisions 
of Chapter 18296, the Murphy Act 

Report No. 948 listing 1 regular bid for sale of land in 
Nassau County at the highest bid of $1,200.00, under 
provisions of Chapter 18296, the Murphy Act; and Suwannee 
County Deed No. 101-Corrective to Hoyt L. Hall, L. James 
Hall, Irene H. Webb and Patricia C. Hall, to correct the 
description of the land conveyed in Deed No. 101 issued 
July 12, 1941. 



INDIAN RIVER COUNTY - The City of Vero Beach requested release of 
public purpose clause and reverter in Indian River County Deed No. 
267 dated May 25, 1942, as to Lots 5, 6 and 7, Block 5, City of Vero 
Beach, in order for conveyance to be made to a civic non-profit organ- 
ization. 

Staff recommended conveyance of the 3 lots without the public purpose 
clause and without reservation of state road right of way and oil and 
minerals to the City of Vero Beach under provisions of Chapter 21684, 
Acts of 1943, for a consideration of $600. The State Road Department 
had relinquished the state road right of way reservation as to the 



2-25-69 

- 223 - 



three lots. 

Motion was made by Mr. Christian, seconded by Mr. Adams and adopted 
unanimously, that the staff recommendation be approved. 



On motion duly adopted, the mee. 



ATTEST 



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\ dir|x5tor (j 




* * * 



* * * 



Tallahassee, Florida 
March 11, 1969 



The Trustees of the Internal Improvement Fund met on this date in 
the Capitol, in Senate Hearing Room 31, with the following members 
present: 



Claude R. Kirk, Jr. 
Tom Adams 
Earl Faircloth 
Broward Williams 
Floyd T. Christian 
Doyle Conner 



Governor 

Secretary of State 

Attorney General 

Treasurer 

Commissioner of Education 

Commissioner of Agriculture 



Randolph Hodges 



Director 



On motion duly adopted, the Trustees approved minutes of the meeting 
held on February 25, 1969. 



LEE COUNTY - Bulkhead Line, Section 253.122 Florida Statutes 
The Board of County Commissioners of Lee County by resolution 
adopted January 15, 1969, established a bulkhead line along the 
mean high water line on Gasparilla Island in Section 14, Township 
43 South, Range 20 East, in Boca Grande Bayou, Lee County. All 
required exhibits were furnished. There were no objections at the 
local hearing or filed in the Trustees' office. 

Florida Board of Conservation biological survey report indicated 
that the bulkhead line set at the mean high water line would avoid 
adverse effects to marine life and habitats. The staff recommended 
approval of the line. 

Motion was made by Mr. Christian, seconded by Mr. Adams and adopted 
unanimously, that the Trustees approve the bulkhead line as 
established by Lee County, 



3-11-69 



- 224 - 



PINELLAS COUNTY - Bulkhead Line, Section 253.122 Florida Statutes 
The Pinellas County Water and Navigation Control Authority on December 
3, 1968, approved a bulkhead line located along the south end of 
Clearwater Beach Island north to Mango Street in St. Josephs Sound in 
Pinellas County. All required exhibits were furnished. There were 
no objections at the local hearing or filed in the Trustees' office. 

The Board of County Commissioners of Pinellas County and Pinellas 
County Water and Navigation Control Authority advised the Trustees' 
office that in regular meeting on January 28, 1969, the local 
governmental authorities found that the portion of the bulkhead line 
of the City of Clearwater beginning at the south end of Clearwater 
Beach Island north to Mango Street was in conformity with the report 
and recommendation of the Interagency Advisory Committee on Submerged 
Land Management. 

Florida Board of Conservation biological survey report indicated no 
expected adverse effects on marine life, and the staff recommended 
approval of the line. 

On motion by Mr. Adams, seconded by Mr. Williams and adopted 
unanimously, the Trustees approved the bulkhead line as established 
on December 3, 1968, by the Pinellas County Water and Navigation 
Control Authority. 



BREVARD COUNTY - Bulkhead Line, Bennett Causeway, Section 253.122 

Florida Statutes 
The Board of County Commissioners of Brevard County by resolution 
adopted on February 6, 1969, established a bulkhead line offshore 
from the existing Bennett Causeway (State Road 528) in the Indian 
and Banana Rivers, for the four-laning of Bennett Causeway. 
Staff recommended approval of Segments 1, 2 and 3 in the Indian 
River, and Segments 1 and 2 in the Banana River, but that the 
Trustees withhold approval of that portion (Segment 3) located on 
the east shore of the Banana River for the reason that the platted 
location appeared to be in error. Mr. Lee Wenner, Chairman of the 
Board of County Commissioners of Brevard County, said he understood 
the situation and the problem on the east end. 

There had been three objectors at the local hearing. The main 
objection came from the Canaveral Port Authority which claimed 
that Segment 3 in the Banana River crossed the submerged land owned 
by the Authority and could affect use of those lands by the 
Authority. 

Florida Board of Conservation staff reported that the area inside 
the bulkhead line contained valuable marine life and habitats, and 
filling of the area would adversely affect those productive bottoms. 

Motion was made by Mr. Adams, seconded by Mr. Faircloth and adopted 
unanimously, that the Trustees approve thf= bulkhead line as 
recommended by the staff - Segments 1, 2 and 3 in the Indian River 
and Segments 1 and 2 in the Banana River, excepting from approval 
that Segment 3 on the east shore of the Banana River. 



REPORT TO TRUSTEES - Interagency Reports No. 1 and No. 3 
In responce to instructions of the Trustees on December 31, 1968, 
to the director to report within 60 days on what, if any, action 
had been taken by local authorities with respect to recommendations 



3-11-69 

- 225 - 



contained in Interagency Advisory Committee Reports No. 1 and No. 3 
as they related to the 29 counties contained in these reports. 
Director Randolph Hodges presented a memorandum and report of action 
taken by county, municipal and other local public bodies having 
initial authority in establishing bulkhead lines pursuant to require- 
ments of the December 31st motion of the Trustees. 

With respect to the Trustees' recommendation to use Reports No. 1 and 
No. 3 and bulkhead line criteria set forth in the administrative 
rule in reviewing existing, and establishing new, bulkhead lines 
within their respective jurisdictions, as of February 28, 1969, 10 
out of 29 counties contained in the two reports had responded, and 
23 out of 52 cities had responded, to the letter dated January 10, 
1969, sent out by the Itustees ' office. Mr. Hodges said the staff 
was holding up those applications from areas where the local 
authorities had not acted. As the hearings on the proposed aquatic 
preserves proceed it was anticipated that there would be more local 
action and response to the Trustees, perhaps in another 30 days. 
The Governor suggested that the news media be notified where the 
cities and counties were dilatory. 

It was the general consensus that additional response would be 
forthcoming within another thirty days, and no further action was 
taken by the Board. 



PALM BEACH COUNTY - Fill Permit, Section 253.124 Florida Statutes. 
Casa Development Company (File No. 1404-50-253.124), represented 
by Hutcheon Engineers, Inc., applied for a fill permit pursuant to 
Section 253.124 Florida Statutes, involving no dredging. Owners 
planned to haul in fill material to be placed behind bulkhead line 
on submerged land purchased from the Trustees in Lake Worth in the 
Town of Palm Beach. By letter of February 3, 1969, the Town of 
Palm Beach had responded to the Trustees' request for review of 
their bulkhead lines. 

Area Planning Board of Palm Beach County had no objection to the 
application. Board of Conservation biological survey report of the 
subject area stated that future development of the area would have 
little adverse effect on marine resources. 

Motion was made by Mr. Adams, seconded by Mr. Faircloth and adopted 
without objection, that the Trustees approve issuance of the fill 
permit. 



OKALOOSA COUNTY - Dredge Permit, Section 253.123 Florida Statutes. 
Robroy Industries, Inc., of Destin, Florida, applied for permit to 
accomplish maintenance dredging in an existing boat basin in Old 
East Pass Lagoon in Moreno Point Military Reservation in Township 2 
South, Range 22 West, Okaloosa County. The spoil was to be placed 
on applicant's upland property. 

The Florida Board of Conservation staff reported that there would be 
no adverse effects on marine resources from the project. 

On motion made by Mr. Adams, seconded by Mr. Faircloth and adopted 
without objection, the Trustees authorized issuance of the permit. 



3-11-69 
- 226 - 



ORANGE COUNTY - Dredge Permit, Section 253,03 Florida Statutes. 
Charles W. Clayton, Jr., et al, of Winter Park, Florida, applied for a 
permit to connect a canal constructed across his upland property, with 
Lake Maitland in Section 31, Township 21 South, Range 30 East, Orange 
County. 

Staff of the Florida Game and Fresh Water Fish Commission offered no 
objection subject to standard stipulations in connecting canals to 
lakes. 

Motion was made by Mr. Williams, seconded by Mr. Adams and adopted 
without objection, that the dredge permit be approved. 



SARASOTA COUNTY - Dredge Permit, Section 253.123 Florida Statutes. 
The City of Sarasota, represented by Albert G. Eddy, Director of 
Public Works, applied for permit to connect a newly constructed upland 
wet-storage marina with the waters of Sarasota Bay in the New Pass 
area in Section 22, Township 36 South, Range 17 East, Sarasota County. 

Staff requested waiver of the biological study as provided in Section 
253. 123 (3) (a) for the navigation channel to serve the public need. 

Motion was made by Mr. Adams, seconded by Mr. Vvilliams and adopted 
unanimously, that the Trustees approve issuance of the dredge permit 
as requested. 



ST. LUCIE COUNTY - Easement for Bridge Right of Way, Section 253.03 
Dredge Permit to Connect Diversion Canal and 
Dredge Material from Long Creek, Section 253.123 
The City of Port St. Lucie requested easement 200 feet wide over 
sovereignty lands of Long Creek and North Fork of St. Lucie River 
in Section 10, Township 37 South, Range 40 East, for construction of 
a bridge. It was planned that no fill would be placed on submerged 
land under the easement. 

Also, the City of Port St. Lucie applied for permit to connect a 
50-foot wide diversion canal with the North Fork of St. Lucie River 
and with Long Creek, and applied for permit for removal of 57,000 
cubic yards of material from Long Creek in Section 10, Township 37 
South, Range ^-0 East. The material would be used in construction of 
the approaches for a bridge to be constructed across Long Creek and 
the North Fork of the St. Lucie River. 

Florida Board of Conservation biological survey indicated that the 
submerged lands under the open waters of the North Fork at the 
proposed construction site were not vegetated, that submerged lands 
on the west side of North Fork of St. Lucie River and on both sides 
of Long Creek were vegetated with red mangroves but that the 50-foot 
wide canal would minimize damage, and that dredging should be 
accomplished in such manner as to minimize erosion and siltation. 

Motion v;as made by Mr. Williams, seconded by Mr. Adams and adopted 
unanimously, that the Trustees approve (1) easement for bridge 
right of way and (2) dredge permit to connect diversion canal and 
dredge material, as requested by the City of Port St. Lucie in St. 

Lucie County. 



3-11-69 

- 227 - 



ESCAMBIA COUNTY - Dock Permit, Section 253.03 Florida Statutes. 
Pensacola Beach Elks Lodge No. 2256 applied for permit to construct 
3 docks for the use and benefit of members in Little Sabine Bay in 
Township 3 South, Range 29 West, Escambia County. Applicant submitted 
$10 instead of the $100 processing fee required for state commercial 
dock permits. All other requirements were furnished. 

Under existing Trustees' policy, docks used by members of organizations 
or clubs are considered to come under the commercial category requiring 
$100 processing fee, and at least one other Elks Club had paid the $100 
fee for a club dock. Staff recommended approval upon receipt of 
applicant's check for the additional $90. Mr. Hodges explained that 
the applicant by correspondence from Mr. Grady Albritton requested 
special consideration of payment of $10 only since the docks would be 
for use of members and their families only, which they considered as 
private use. According to Trustees' current policy, a private dock is 
one which will be used by the owner, his family and, occasionally, by 
family friends, and a dock for any other use would fall into the 
commercial class. Mr. Hodges said the staff would be glad to prepare 
and submit an amendment to the current rules for the members' 
consideration. 

Mr. Williams felt there should be some distinction for this 
application, as the docks would not be open to the public or used 
commercially. Mr. Conner suggested that the staff take a look at a 
"non-profit" category, in addition to private and commercial docks. 

Governor Kirk said that in the mean time, this application would 
require $100 fee. Mr. Faircloth said as far as he was concerned, the 
present policy seemed to be a good one. 

On motion made by Mr. Adams, seconded by Mr. Faircloth, and adopted, 
the Trustees approved the staff recommendation for approval upon 
receipt of applicant's check for the additional amount of $90, with 
the understanding that the staff would review the present policy 
with respect to the categories of dock permits. 



DADE COUNTY - Artificial Reef Permit, Section 253.03 F. S. 
Al Pfleuger, Inc., by its president, Albert Pfleuger, Jr., of 
Hallandale, Florida, applied for a permit for an artificial reef in 
the Atlantic Ocean 2^ miles offshore from Miami Beach, to be con- 
structed of poured and broken concrete, drilled and anchored tires 
and metal relics, in 185 feet of water with a minimum clearance of 
125 feet over the reef. 

The U. S. Navy advised that the reef would cause no interference 
with naval operations, and Florida Board of Conservation staff had 
no objection to the reef. All required exhibits including $50 
processing fee were submitted. 

Motion was made by Mr. Adams, seconded by Mr. Christian and adopted 
unanimously, that the permit be approved. 



LEE COUNTY - Dredge Permit, Channel Construction and Relocation 
Sunset Realty Corp., represented by Earl Drayton Farr, Jr., attorney, 
applied for permission to dredge a by-pass navigation channel 80 feet 
wide (at bottom) by 12 feet deep and approximately 1-1/8 miles long 
(3/8 mile over upland and 5/8 mile over submerged bottoms owned by 
the applicant) in Sections 11, 12, 13 and 14, Township 43 South, 
Range 20 East, Lee County. The channel would connect the existing 



3-11-69 



- 228 - 



Bayou to the Intracoastal Waterway to provide by-pass public navigation 
channel required in connection with bridge construction over existing 
Bayou pursuant to Corps of Engineers bridge permit issued on January 
18, 1966. All lands over which the by-pass canal is proposed to be 
constructed are owned by the applicant, with the possible exception 
of where the canal connects into the existing Bayou. Spoil will be 
placed on applicant's property above the line of mean high water. 

Florida Board of Conservation biological survey report indicated that 
the proposed by-pass channel would cross valuable marine habitat and 
that construction of said canal would destroy red mangroves on the 
island upland portion in addition to vegetated areas on submerged 
bottoms, which are valuable marine nursery and feeding grounds. 
Relocation of the channel over submerged lands in a southeast direction 
would reduce damage since it would take advantage of water depths 
approximately minus-six feet MLW. 

Staff recommended approval provided the submerged land portion of the 
by-pass channel is oriented in a southeasterly direction to take 
advantage of the greater water depths, based on the report of the 
biologist. 

Representing the applicant, Mr. Farr requested approval of the 
application as filed, citing the approximate four years of work on 
the bridge project for which the Corps of Engineers had required a 
by-pass channel, the compliance with Lee County's requirement to 
place the fill material on applicant's upland, the fact that the canal 
was being built for the benefit of the boating public, and was planned 
to be constructed on applicant's ownership. Realignment would cause 
additional work and delay. 

Governor Kirk suggested deferment for a week, and Mr. Adams pointed 
out that this was the first time the matter had come to the Board for 
consideration and the delay might allow time for working out the 
problem. 

Without objection, the application was deferred for a week. 



PALM BEACH COUNTY - Disclaimer Reconfirmation, File 1918-50-253.129 
Cedar Lane Developers, Inc., represented by Brockway, Owen and 
Anderson, applied for a disclaimer which the Trustees approved on 
October 24, 1967, but the applicant had requested that issuance be 
withheld until certain technical problems relative to sale of 
adjacent submerged lands were confirmed. Those problems had not 
been resolved, and applicant now requested that disclaimer be issued, 

Staff recommended reconfirmation of Trustees' action of October 24, 
1967, approving issuance of the requested disclaimer. 

Without objection, on motion by Mr. Christian, seconded by Mr. Adams, 
the Trustees reconfirmed their previous approval of the disclaimer. 



SARASOTA COUNTY - File 2173-58-253.12(6), Statutory Conveyance of 

Filled Land 
Sarasota Bank and Trust Co., Trustee, applied for instrument of 
conveyance for two parcels of formerly submerged land in Sarasota 
Bay abutting fractional Section 22, Township 36 South, Range 17 East, 
Sarasota County, containing 0.057 acre and 0.084 acre respectively, 
or a total of 0.141 acre. 



3-11-69 

- 229 



Under provisions of Section 253.12(6) Florida Statutes, Trustees are 
required to convey subject land for the appraised value of the land 
as it existed prior to filling. Staff appraisal indicated a value of 
$1,750 per acre. 

Motion was made by Mr. Adams, seconded by Mr. Williams and adopted 
unanimously, that the application be approved. 



PINELLAS COUNTY - Power Line Easement, Section 253.03 F. S. 
On motion by Mr. Williams, seconded by Mr. Christian and adopted 
without objection, the Trustees authorized issuance of an easement 
requested by Florida Power Corporation for the construction of an 
electrical distribution system, approved by the Florida Board of 
Parks, to furnish electrical power within Caladesi Island State Park 
in Pinellas County. 



DADE COUNTY - Release from Spoil Easement 

On behalf of the Inter-American Center Authority, Mr. George R. 

Headley, Director of Site Development, requested that action by the 

Trustees be taken to preserve Sandspur Island in its present natural 

state. 

The island lay within spoil easement granted to the United States and 
was created as a result of dredging the Intracoastal Waterway in 
Upper Biscayne Bay. Mr. Herman W. Schull, Jr., General Manager of 
Florida Inland Navigation District, indicated by letter that the 
island could be released from the spoil easement and he was willing 
to present the matter to the District's Board for consideration. 

On motion by Mr. Adams, seconded by Mr. Williams and adopted 
unanimously, the Trustees authorized the Director to take appropriate 
action to preserve Sandspur Island in its present natural state. 



GADSDEN COUNTY - Road Right of Way, Section 253.03 F. S. 
On motion by Mr. Faircloth, seconded by Mr. Williams and adopted 
unanimously, the Trustees granted request of the State Road 
Department for dedication of 1.18 acre parcel of land in Section 6, 
Township 1 North, Range 2 West, in use by Florida Forest Service, for 
widening of State Road 10. The Florida Forest Service had reviewed 
and approved dedication of the parcel. 



PALM BEACH COUNTY - Lease Assignment 

On motion by Mr. Faircloth, seconded by Mr. Williams and adopted 
unanimously, the Trustees approved a sublease agreement which had 
been approved as to form and legality by the Attorney General, 
between S. N. Knight & Sons, Inc., holder of Agriculture Lease No. 
2341, and P. S. B. Ranch, Inc., covering 170-acre part of the total 
leased area in Palm Beach County. 



SHELL LEASE REPORT - On motion by Mr. Williams, seconded by Mr. 
Faircloth and adopted, the Trustees accepted for the record the 
following report of remittances to Florida Board of Conservation 
from holders of dead shell leases: 



3-11-69 
- 230 - 



Lease No. Name of Company Amount 

1718 Radcliff Materials, Inc. $ 5,095.94 

1788 Benton and Company 10,195.63 

2233 Bay Dredging & Construction Co. 5, 811. 51 



ALACHUA COUNTY - The Board of Regents requested the Trustees to convey 
title to Lot 12 of Fraternity Area in Section 1, Township 10 South, 
Range 19 East, Alachua County, on the University of Florida campus to 
the Alumni Control Board, Beta Zeta Chapter, Delta Sigma Phi, Inc., 
for a consideration of $3,800 for the purpose of construction of a 
housing facility. Title would be held by the fraternity subject to 
certain restrictions and reservations whereby, following established 
policy of the University, the property would be subject to University 
regulations and to repurchase by the Trustees in the event that 
construction of a suitable house approved by the Board of Regents is 
not commenced within four years. 

The proposed deed was approved by the Attorney General as to form 
and legality. Staff recommended approval, subject to the said 
restrictions and reservations. 

On motion by Mr. Williams, seconded by Mr. Christian and adopted 
unanimously, the Trustees approved the request. 



DADE COUNTY - Duplicate Deed. On motion by Mr. Faircloth, seconded 
by Mr. Williams and adopted, the Trustees authorized issuance of 
a duplicate of Trustees Deed No. 20413 dated June 17, 1953, to Mario, 
Inc., for handling charge of $25.00. Request was made by Harvey 
Baxter, attorney, who advised that the original deed was lost prior 
to recording in the public records. 



SUBJECTS UNDER CHAPTER 18296 

On motion made by Mr. Williams, seconded by Mr. Christian and adopted 
unanimously, the Trustees approved Bidding Report No. 949 and sale 
under the provisions of Chapter 18296, Acts of 1937, the Murphy Act, 
of a parcel of land in Jefferson County for highest bid of $400.00 
to Jack Simpson. 

Also listed on Report No. 949. The Trustees on motion by Mr. 
Faircloth, seconded by Mr. Williams and adopted unanimously, 
authorized issuance of County of Dade Deed No. 405-Corrective to 
Sidney Yospe in lieu of original Murphy Act Deed No. 405 dated July 
20, 1940, to correct the description of the land conveyed, for a 
handling charge of $25.00. 



BR0V;ARD AND PALM BEACH COUNTIES - Refunds. On motion by Mr. 
Faircloth, seconded by Mr. Williams and adopted unanimously, the 
Trustees authorized refunds in the amount of $10.00 to each of the 
following applicants for release of state road right of way 
reservations, for the reason that the State Road Department did not 
recommend release of the reservations: 

James F. Pollack, applicant for release of the reservation 
in Broward County Murphy Act Deed No. 1202; 



3-11-69 

- 231 - 



J. W. Nowlin, application for release of reservation in 
Palm Beach County Murphy Act Deed No. /3r\97. 



On motion duly adopted, the meeting w 



^ DOCTOR n 




■k -k -k 



* * * 



* * * 



Tallahassee, Florida 
March 18, 1969 



The Trustees of the Internal Improvement Fund met on this date in 
the Capitol, in Senate Hearing Room 31, with the following members 
present: 



Claude R. Kirk, Jr. 
Tom Adams 
Earl Faircloth 
Floyd T. Christian 
Doyle Conner 



Governor 

Secretary of State 
Attorney General 
Commissioner of Education 
Commissioner of Agriculture 



Randolph Hodges 



Director 



On motion duly adopted, the Trustees approved minutes of the 
meeting of March 11, 1969. 



BAY COUNTY - Mariculture 

Motion was made by Mr. Conner and adopted without objection that the 
rules be waived to allow discussion and consideration of request 
from a delegation from the Bay County area endorsing the further 
development of the mariculture industry and Akima International, Inc. 
project in an area near Panama City known as St. Andrew Sound, 
Honorable Bob Sikes, Member of Congess, by telegram to members had 
expressed his interest and suggested that the Cabinet record its 
support of the new industry of mariculture. 

Mr. Elbert Dukate, as a citizen of Bay County and representative of 
those citizens and local groups who had endorsed the Akima project, 
made a presentation in its behalf and in favor of a resolution of 
endorsement by the Cabinet. There was no one present in opposition 
but it was reported that there were some people seriously concerned 
about protection of the public use of the water column. 



3-18-69 



- 232 - 



Honorable J. R. Middlemas, Representative of District 8, from Panama 
City, said that guide lines should be established that would be 
followed when actual applications for leases come before the Trustees. 
Director Hodges said the staffs of the Board of Conservation and the 
Trustees were developing guide lines for consideration by the Trustees 
and a suitable lease agreement with reasonable rental fees. An 
application was pending which would soon need to be processed. 

A proposed resolution was discussed and members agreed to a 
modification of the last clause as suggested by Mr. Faircloth. Mr. 
Conner requested that the terminology be clarified as to the assist- 
ance to be given by the Board of Conservation. 

On motion by Mr. Faircloth, seconded by Mr. Conner, and adopted 
unanimously, the Trustees adopted the following resolution. 

RESOLUTION 

WHEREAS, the Florida Cabinet sitting as Trustees of 
the Internal Improvement Fund is fully cognizant of 
the natural benefits existing along Florida's shoreline 
and waterways and the resultant contributions to the 
happiness and well-being of our citizens; and 

WHEREAS, the Trustees are keenly aware of their 
responsibilities to the people of Florida that the 
biological and ecological benefits of the shoreline 
areas be preserved for the public good; and 

WHEREAS, Akima International, Inc., an American 
company licensed to do business in Florida, has 
developed a technique for year-round shrimp cultivation 
which offers the possibility of contributing to the 
well-being of the people of Florida; and 

WHEREAS, Akima International, Inc., has agreed to work 
closely and with full advice and consent of the 
Department of Conservation of the State of Florida? 

NOW, THEREFORE THEN BE IT RESOLVED 

THAT the Florida Cabinet sitting as the Trustees of 
the Internal Improvement Fund will - on recommendations 
by and under full supervision of the State Board of 
Conservation and its Staff - give assistance in the 
development of this new type of industry while at the 
same time taking all steps necessary to protect the 
public's interest in the publicly owned water column. 



CLAUDE R. KIRK, JR. 

Governor 

TOM ADAMS 

Secretary of State 

EARL FAIRCLOTH 

Attorney General 

FRED O. DICKINSON, JR. 

Comptroller 

BROWARD WILLIAMS 

Treasurer 

FLOYD T. CHRISTIAN 

Commissioner of Education 

DOYLE CONNER 

Commissioner of Agriculture 



3-18-69 

- 233 



BROWARD COUNTY - Seawall and Revetment Line, City of Hallandale. 
The City Commission of Hallandale, Florida, by Resolution No. 875 
(Amended) adopted February 6, 1969, fixed and located a seawall and 
revetment line within the entire corporate limits of the city 
fronting on the Atlantic Ocean, for the purpose of fixing and 
determining the line of demarcation between private and public lands 
and to provide a public beach on the ocean side of said line by 
hydraulically pumping sand from the Atlantic Ocean. The resolution 
indicated that no construction would be undertaken along the seawall 
and revetment line without approval of the Florida Board of 
Conservation. 

The Broward County Erosion Prevention District and the Broward 
County Erosion Prevention District Advisory Committee indicated a 
willingness to provide 75% of the monies necessary to finance the 
project, with the city paying the remaining 25%. Upland owners 
indicated that they, on a pro-rata basis, would pay the city's 25% 
share. 

In order to implement and finalize this project, the parties 
involved needed the approval of the Trustees of the Internal 
Improvement Fund and the Florida Board of Conservation, Beaches 
and Shores Division. 

Staff recommended approval of the seawall and revetment line 
contingent upon (1) quitclaim deeds from upland owners to the land 
oceanward of said line and public access easements across said 
uplands, (2) approval of restoration plans by Division of Beaches 
and Shores, Florida Board of Conservation, and (3) the construction 
of said project subject to the recommendation, inspection, and 
supervision by the Division of Beaches and Shores, Florida Board 
of Conservation. 

Motion was made by Mr. Adams, seconded by Mr. Christian and adopted 
unanimously, that the Trustees adopt the staff recommendation 
above, as the action of the Board. 



PINELLAS COUNTY - Dredge Permit, Cable Installation, 

Section 253.123 Florida Statutes 
Florida Power Corporation of St. Petersburg, Florida, applied for 
permit to install a submarine cable across Dunedin Pass and St. 
Joseph Sound between North Clearv^;ater Beach and Caladesi Island, 
to provide power to Caladesi Island State Park. 

Staff recommended approval and waiver of biological study as 
provided under Section 253. 123 (3) (a) Florida Statutes, since the 
public need would be served. 

On motion by Mr. Adams, seconded by Mr. Christian and adopted 
unanimously, the Trustees authorized issuance of the dredge permit. 



SANTA ROSA COUNTY - Dredge Permit, Channel Improvement 

Section 253.123 Florida Statutes 
Florida State Road Department applied for permit to perform 
maintenance dredging in Mulatto Bayou and Escambia Bay to improve 
navigation and rectify silting in those waters which developed 
after construction of State Road 8 (Interstate I-IO). All 
material removed would be deposited on upland spoil areas. 



3-18-69 
- 234 - 



The Florida Board of Conservation biological study indicated no 
adverse effects on marine resources would occur "provided the marshy 
areas along the bayou are not spoiled on or silted." 

On motion by Mr. Adams, seconded by Mr. Faircloth and adopted 
unanimously, the Trustees approved issuance of the dredge permit. 



LEE COUNTY - Dredge Permit, Channel Construction and Relocation 
The Trustees deferred action last week on an application from Sunset 
Realty Corporation, represented by Earl Drayton Farr, Jr., for a 
permit to dredge a by-pass navigation channel in Sections 11, 12, 13 
and 14, Township 43 South, Range 20 East, Lee County. The channel 
80 feet wide, 12 feet deep and approximately 1-1/8 miles long over 
upland and submerged bottoms owned by applicant, would connect 
existing bayou to Intracoastal Waterway to provide by-pass public 
navigation channel required in connection with bridge construction 
over existing bayou pursuant to Corps of Engineers' bridge permit 
issued on January 18, 1966, 

As shown in the minutes of last week's meeting, Florida Board of 
Conservation biological report cited damage to marine resources and 
relocation of the proposed channel was discussed. Mr. Farr did not 
agree to relocation and following the board meeting, he further 
conferred with Director Hodges. All lands over which the by-pass 
channel was proposed to be constructed were owned by the applicant, 
with the possible exception of where the channel connects into the 
existing bayou. Spoil would be placed on applicant's property above 
the line of mean high water. 

The Director recommended approval of the application provided the 
applicant was informed that approval of this permit does not commit 
the Trustees to the approval of future projects in this area. 

Motion was made by Mr. Adams, seconded by Mr. Faircloth and adopted 
unanimously, that the Trustees approve the dredge permit as recom- 
mended by the staff, applicant to be informed that approval does 
not commit the Trustees to the approval of future projects in this 
area. 



ALACHUA COUNTY - Drainage Easement, Section 253.03 Florida Statutes 
The City of Gainesville requested 40-ft. wide drainage easement along 
the south side of the Sunland Training Center at Gainesville in 
Section 34, Township 9 South, Range 20 East, containing 3.43 acres, 
more or less, in Alachua County. The Board of Commissioners of 
State Institutions approved the request March 11, 1969. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted 
unanimously, the Trustees approved the drainage easement. 



PALM BEACH COUNTY - Telephone Cable Easement, Section 253.03 F. S, 
Southern Bell Telephone Company requested an easement for buried 
telephone cable in the Glades Correctional Institution housing 
area in Section 19, Township 43 South, Range 36 East, Palm Beach 
County, which had been approved by the Division of Corrections. 

On motion by Mr. Adams, seconded by Mr. Christian and adopted 
unanimously, the Trustees approved the easement requested by 
Southern Bell Telephone Company. 



3-13-69 

- 235 - 



DUVAL COUNTY - Temporary and Perpetual Spoil Easements, 

File No. 2134-16-253.03 
On January 14, 1969, the Trustees approved an application submitted 
by Mr. F. Bradley Kennelly, attorney for Jacksonville Port Authority, 
for permanent and temporary spoil area easements in Sections 22, 23 
and 26, Township 1 South, Range 28 East, in the Hannah Mills - Sisters 
Creek complex, Duval County. The Trustees approved the easements 
subject to covenant requiring diking to prevent siltation and filling 
of affected creeks and tributaries. 

Executed temporary spoil easement covering 34.30 acres, more or less, 
and perpetual spoil easement containing 59.40 acres, more or less, 
were furnished to the United States of America Corps of Engineers, 
Jacksonville District, with covenant requiring dikes and such other 
appurtenant structures, that would minimize the adverse effects of 
spoiling upon the ecological environment within the lands covered 
by the instruments. However, on March 7, 1969, the Jacksonville 
District, Corps of Engineers, notified the Director of the Trustees 
that the easements could not be accepted with the covenant included 
as issued. 

Staff requested authority to issue the two easements directly to 
the Jacksonville Port Authority, the local sponsor. 

On motion by Mr. Adams, seconded by Mr. Faircloth and adopted 
unanimously, the Trustees approved the staff recommendation. 



GLADES COUNTY - File No. 2325-A - Temporary Easement 
Central and Southern Florida Flood Control District requested an 
additional temporary spoil easement covering approximately 3.30 acres 
of submerged and reclaimed river bottom land in an oxbow of the 
Caloosahatchee River adjacent to Canal 43 in Section 30, Township 42 
South, Range 31 East, Glades County, in connection with improvement 
of Canal 43 (Caloosahatchee River) . Easement would expire on June 
1, 1970. Game and Fresh Water Fish Commission offered no objections. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted 
unanimously, the Trustees approved issuance of the temporary easement 
requested by Central and Southern Florida Flood Control District. 



MONROE COUNTY - File 2045-44-253.12 - Refund 

Mr. Charles J. Taylor requested withdrawal of application to purchase 
0.33 acre of submerged land in Buttonwood Sound in Section 28, Town- 
ship 61 South, Range 39 East, Key Largo, Monroe County. Application 
did not reach the advertisement stage. Staff requested authority to 
refund the $50 application fee pursuant to Trustees' Administrative 
Rule Number 200-2.05(11). 

On motion by Mr. Adams, seconded by Mr. Conner and adopted without 
objection, the Trustees authorized withdrawal of the application 
and refund of $50 application fee to Mr. Taylor. 



TRUSTEES ' FUNDS - Staff requested consideration of a resolution 
whereby the Trustees assume obligation of $2,514,646.18 advanced 
from the working capital fund to pay for the acquisition of Lots 
161-168 inclusive of the original plan of the City of Tallahassee 
as recorded in the office of the Clerk of the Circuit Court, Leon 
County, Florida, and agree to repay the working capital on or before 



3-18-69 
- 236 - 



April 1, 1969. The resolution reconfirmed action taken by the Trustees 
in their meeting of September 19, 1967. 

Mr. Adams explained that the staff felt that for auditing purposes 
there was need for reaffirmation of the obligation accepted over a 
year ago, that it was the same resolution, and he moved its adoption. 
Motion was seconded by Mr. Faircloth, and without objection the 
Trustees adopted the following resolution: 

RESOLUTION 

WHEREAS, the Board of Commissioners of State Institutions has 
obligated itself to repay certain monies in the total amount of 
$2,514,646.18 advanced from the working capital fund to pay for 
the acquisition of the following described real property: 

Lots 161-168 inclusive of the original plan of the 
City of Tallahassee, Florida, as recorded in the 
public records of Leon County, Florida, in the office 
of Clerk of the Circuit Court, Leon County, Florida, 
and 

WHEREAS, the Trustees of the Internal Improvement Fund are now 
desirous of assuming this obligation, now therefore, 

BE IT RESOLVED by the Trustees of the Internal Improvement Fund 
that the Trustees of the Internal Improvement Fund do hereby 
agree to and hereby do assume the aforesaid obligation to be 
repaid to the working capital fund on or before April 1, 1969 

IN WITNESS WHEREOF, we place our hands and seals this 18th day 
of March, 1969. 

CLAUDE R. KIRK, JR. 

Governor 

TOM ADAMS 

Secretary of State 

EARL FAIRCLOTH 

Attorney General 

FRED 0. DICKINSON, JR. 

Comptroller 

BROWARD WILLIAMS 

Treasurer 

FLOYD T. CHRISTIAN 

Commissioner of Education 

DOYLE CONNER 

Commissioner of Agriculture 



SUBJECTS UNDER CHAPTER 18296 

On motion by Mr. Faircloth, seconded by Mr. Christian and adopted 
unanimously, the Trustees approved Bidding Report No. 950 and sale 
under the provisions of Chapter 18296, Acts of 1937, the Murphy Act, 
of a parcel of land in Jefferson County to J. S. Oder and Cora E. Oder 
for the highest bid of $150.00. 



3-18-69 

- 237 - 



On motion duly adopted, the meeting wa 




ATTEST: 



^ I^RECTOR /7 



* * • 



* * * 



* * * 



Tallahassee, Florida 
March 25, 1969 



The Trustees of the Internal Improvement Fund met on this date in 
the Capitol, in Senate Hearing Room 31, with the following members 
present: 



Claude R. Kirk, Jr, 
Tom Adams 
Earl Faircloth 
Broward Williams 
Floyd T. Christian 
Doyle Conner 



Governor 

Secretary of State 

Attorney General 

Treasurer 

Commissioner of Education 

Commissioner of Agriculture 



Randolph Hodges 



Director 



On motion duly adopted, the Trustees approved minutes of the 
meeting held on March 18, 1969. 



LEE COUNTY - Bulkhead Line, Section 253.122 Florida Statutes 
Presented for approval was a bulkhead line located in Boca Grande 
Bayou in Section 14, Township 43 South, Range 20 East, Lee County, 
adopted by the Board of County Commissioners of Lee County by 
resolution dated October 23, 1968. All required exhibits were 
furnished, the file showed no objections raised at the local hearing, 
and the staff recommended approval. 

The Florida Board of Conservation biological survey report showed 
that the submerged lands inside the bulkhead line were muddy and 
sparsely vegetated. 

Motion was made by Mr. Adams, seconded by Mr. Conner and adopted 
unanimously, that the Trustees approve the bulkhead line as set by 
Lee County on October 23, 1968. 



- 238 - 



3-25-69 



LEE COUNTY - Bulkhead Line, Section 253.122 Florida Statutes 
The Board of County Commissioners of Lee County adopted a resolution 
on May 15, 1968, locating a bulkhead line in Four Mile Cove in 
Section 28, Township 44 South, Range 24 East, Lee County, All 
required exhibits were furnished and there were no objections at the 
local hearing. 

The Florida Board of Conservation biological survey report stated 
that the cove was filled with silt from previous dredging anr^ filling 
in the surrounding area and that little marine life could live in 
the area in its present state. 

Those portions of the bulkhead line which connected with the existing 
City of Fort Myers bulkhead lines north and south of Four Mile Cove 
were in conflict with the recommendations of the Interagency Advisory 
Committee Report No. 1, which recommended that the City of Fort Myers 
bulkhead lines be relocated to the line of mean high water. 

Staff recommended approval of that portion of the bulkhead line 
beginning with "thence run South 12° 00' 00" West for 470.00 feet..." 
and ending with "thence run North 00° 30' 00" West for 238.15 feet". 
The Director said approval was not recommended for portions on each 
end where the line jutted out. 

Motion was made by Mr. Christian, seconded by Mr. Adams and adopted 
unanimously, that the Trustees approve the bulkhead line as 
recommended by the staff, excepting those portions on each end. 



PALM BEACH COUNTY - File No. 1991-50-253.12, 

Application to be Advertised for Objections Only 
DiVosta Rentals, Inc., represented by Brockway, Owen and Anderson 
Engineers, Inc., made application to purchase 0.514 acre parcel 
of submerged land in Lake Worth in Section 27, Township 43 South, 
Range 43 East, Palm Beach County, landward of the established 
bulkhead line, at the appraised price of $18,221.00 for the parcel. 

The Area Planning Board of Palm Beach County had no objection to the 
sale. The City Manager of West Palm Beach by letter dated January 
28, 1969, indicated that the bulkhead line as established would not 
be changed. 

Florida Board of Conservation biological survey report stated that 
"subject area has been adversely affected by previous development 
work in the vicinity" and that "sale and subsequent development of 
this parcel should not have significant adverse effects on the 
marine life of the area." 

Motion was made by Mr. Conner, seconded by Mr. Adams and adopted 
unanimously, that the parcel be advertised for objections only. 



BREVARD COUNTY - Dredge Permit, Section 253.123 Florida Statutes 
Florida Power and Light Company of Cocoa, Florida, applied for 
permit to install a submarine cable in Sikes Creek from State Road 
520 to Kiwanis Island in Section 36, Township 24 South, Range 37 
East, Brevard County. 

Staff requested waiver of requirement of biological study as provided 
under Section 253. 123 (3) (a) Florida Statutes, as the public need 
will be served. 



3-25-69 

- 239 



Motion was made by Mr. Christian, seconded by Mr. Williams and adopted 
unanimously, that the Trustees approve the dredge permit. 



CHARLOTTE COUNTY - Dredge Permit, Section 253.123 Florida Statutes 

Archie B. Brown, on behalf of Sarasota-Charlotte Cablevision, Inc. , 

of Englewood, Florida, applied for permit to install a submarine 

TV cable in Lemon Bay in Section 6, Township 41 South, Range 20 East, 

and in Sections 1 and 12, Township 41 South, Range 19 East, Charlotte 

County. 

Florida Board of Conservation biological survey report indicated 
no adverse effects on marine resources from the installation. 

Motion was made by Mr. Christian, seconded by Mr. Williams and 
adopted unanimously, that the Trustees approve the dredge permit. 



MONROE COUNTY - Dredge Permit, Section 253.03 Florida Statutes 
Edwin A. Crusoe of Tallahassee, Florida, applied for permit to 
construct a navigation channel 30 feet by 4 feet by 400 feet long 
across submerged land owned by the applicant, and a 30 foot by 4 
foot by 30 foot extension of the proposed channel across sovereignty 
land in an arm of Niles Channel on the west side of Middle Torch Key 
in Section 19, Township 65 South, Range 29 East, Monroe County. 

Florida Board of Conservation biological survey report indicated 
that the small navigation project should have no significant 
adverse effects on marine life of the area. 

Motion was made by Mr. Christian, seconded by Mr. Williams and 
adopted unanimously, that the dredge permit be approved. 



PALM BEACH COUNTY - Dredge Permit, Section 253.123 Florida Statutes 
George Lainhart of West Palm Beach, Florida, applied for permission 
to dredge a boat navigation channel 25 feet wide, 4 feet deep and 
146 feet long adjacent to his dock constructed in Lake Worth in 
Township 43 South, Range 43 East, Palm Beach County. 

Florida Board of Conservation biological report showed that the 
project would not be adverse to conservation. 

Motion was made by Mr. Adams, seconded by Mr. Williams and adopted 
unanimously, that the Trustees approve issuance of the dredge permit, 



PINELLAS COUNTY - Dredge Permit, Section 253.123 Florida Statutes 
The Pinellas County Water and Navigation Control Authority on March 
4, 1969, issued Dredge-Only Permit No. DO-172 to the City of 
Treasure Island for removal of 20 yards of accreted material 
deposited adjacent to the 115th Avenue Causeway in Section 23, 
Township 31 South, Range 15 East, Pinellas County. 

Florida Board of Conservation biological survey report indicated 
that removal of the material would have no foreseeable adverse 
effect on marine life. 



3-25-69 
- 240 - 



Motion was made by Mr. Christian, seconded by Mr. V/illiams and adopted 
unanimously, that permit for the maintenance dredging be approved. 



SANTA ROSA COUNTY - Dredge Permit, Channel Construction 
File No. 253.123-176 
Walter H. Smith, Project Engineer, on behalf of Escambia Chemical 
Company of Pensacola, Florida, applied for permit for construction of 
a barge channel 100 ft. wide, 10 ft. deep, 4,300 yards long, to 
connect applicant's upland plant facility with the Intracoastal 
Waterway in the upper part of Escambia Bay. 

Florida Board of Conservation biologist reported that placement of 
spoil adjacent to the entire easterly side of the channel as 
originally planned by applicant would be adverse to marine life, and 
recommended relocation of spoil areas. In accordance with said 
recommendation, a portion of the material removed during construction 
will be placed in two areas in Escambia Bay located 5,000 feet apart 
and 750 feet easterly of the proposed barge channel. The remainder 
of the material, 126,000 cubic yards, will be placed on applicant's 
upland in Township 1 North, Range 29 West, Santa Rosa County. 

Staff recommended approval subject to use of downspouts at the 
discharge point to minimize siltation of the waters of Escambia Bay, 
and payment at 10 cents per cubic yard for the 126,000 cubic yards 
of material to be placed on upland. 

On motion by Mr. Christian, seconded by Mr. Williams, and adopted 
unanimously, the Trustees accepted the staff recommendations as the 
action on this application. 



DADE COUNTY - Dredge Permit, Section 253.123 Florida Statutes 
The City of Miami Beach, Office of Director of Public Works, 
applied for permit for extending the existing 7,000 foot ocean 
outfall an additional 5,000 feet into the Atlantic Ocean, which 
would permit discharge of sewage in approximately 140 feet of 
water instead of the present 40-foot water depth. 

Florida Board of Health approved the extension on March 6, 1969, 
and Florida Air and V/ater Pollution Control Commission concurred, 

Staff requested waiver of requirement of a biological report as 
provided in Section 253. 123 (3) (a) , since the public need will be 
served by the ocean outfall extension. 

On motion by Mr. Adams, seconded by Mr. Williams and adopted 
unanimously, the Trustees approved issuance of the dredge permit, 



BREVARD COUNTY - Dredge and Fill Permit 

Section 253.124 Dedication No. 24918 and 
Section 253.123, Temporary Easement No. 2356 
The Board of County Commissioners of Brevard County issued a permit 
under the provisions of Section 253.124 Florida Statutes, to the 
Florida State Road Department to fill the submerged lands within 
the Pineda Expressway causeway in the Indian and Banana Rivers 
in projected Sections 19, 20, 21 and 22, Township 26 South, Range 
37 East, Brevard County. 



3-25-69 

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Florida State Road Department applied for permit for the removal of 
2,808,167 cubic yards of material from the borrow areas in the 
Banana and Indian Rivers which were granted to the State Road 
Department under Temporary Easement No. 2356 dated January 15, 1969. 

Florida Board of Conservation biological report dated November 21, 
1968, stated that the areas selected by the Road Department were 
well chosen to lessen damage to marine resources from the dredging. 

On motion by Mr. Christian, seconded by Mr. Williams and adopted 
the Trustees approved issuance of dredge and fill permits to fill 
lands granted by Trustees of the Internal Improvement Fund Deed No. 
24918 under provisions of Sections 253.124 and 253.123 Florida 
Statutes. 



MONROE COUNTY - Dredge and Fill Permit, Section 253.03 F. S. 
The Director recommended withdrawal from the agenda of an application 
from Chester F. Tingler for permit to dredge material from submerged 
land acquired from the Trustees under Deed No. 20368, and to con- 
struct a navigation channel 50 feet wide, 4 feet deep, and 400 feet 
long extending from applicant's submerged land in Section 14, 
Township 66 South, Range 32 East, Monroe County. One set of plan 
drawings in the file showed 600 feet filled and another set of 
drawings showed 800 feet filled, which brought up questions which 
the staff needed to resolve. 

Florida Board of Conservation biological report showed that 
adverse effects on marine life would result and that a channel and 
dike had been constructed along the seaward portion of the proposed 
spoil area. The work was done under Corps of Engineers Permit 
SAJSP (65-197) which expired on December 31, 1968. 

Representing the applicant, Mr. Robert S. Appleton said the 
dredging authorized by the Corps permit had been stopped on the 
expiration date, and he requested a conference with the Director 
regarding the application. Noting that he had made the long trip 
on this date to represent his client, the Director stated that 
the staff possibly could resolve the problem with assistance of 
Mr. Appleton. 

Motion was made by Mr. Christian, seconded by Mr. Adams and adopted 
without objection, that the permit be approved subject to approval 
of the Director after further review and resolution of the over- 
fill problem. 



MARTIN COUNTY - Commercial Dock Permit, Section 253.03 F. S. 
On motion by Mr. V.'illiams, seconded by Mr. Christian and adopted 
without objection, the Trustees authorized issuance of commercial 
state dock permit applied for by Jack T. Williams, Trustee, for 
construction in the St. Lucie River in Section 3, Township 38 South, 
Range 41 East, Martin County, for which all required exhibits and 
$100 processing fee were submitted. 



OKALOOSA COUNTY - Commercial Dock Permit, Section 253.03 F. S. 
On motion by Mr. Christian, seconded by Mr. Williams and adopted, the 
Trustees authorized issuance of state commercial dock permit to Curtis 
A. Gentry III of Destin, Florida, for construction of four additions 
to an existing dock in Old East Pass Lagoon in Moreno Point Military 



3-25-69 
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Reservation, Township 2 South, Range 22 West, Okaloosa County, for 
which all required exhibits and $100 processing fee were submitted. 



MONROE COUNTY - Easement. The State Road Department requested two (2) 
temporary borrow pit easements in connection with replacement of Bahia 
Honda Bridge in Sections 32 and 34, Township 66 South, Range 30 East, 
Monroe County. The borrow areas contained a total of 25.5 acres, and 
Board of Conservation biologist reported that there were no alternate 
sites available that would be less damaging to biological resources. 

Motion was made by Mr. v;illiams, seconded by Mr. Adams and adopted 
unanimously, that the Trustees grant the two temporary borrow pit 
easements to the State Road Department. 



DADE COUNTY - Easements. The District Engineer, Jacksonville District, 
U. S. Corps of Engineers, applied for channel right of way and easements 
for seven(7) spoil areas generally along the right of way through the 
proposed Biscayne National Monument in Dade County. It was deemed 
advisable that the right of way and spoil areas be committed prior to 
the conveyance of submerged lands in connection with the Monument 
project. 

Since the easements lie within the area to be conveyed to the United 
States for Biscayne National Monument, before any spoil is placed, 
biological surveys will be conducted by the Department of the Interior 
and the Florida Board of Conservation. 

Motion was made by Mr. Williams, seconded by Mr. Adams and adopted 
unanimously, that the Trustees grant the easements requested for 
channel right of way and seven spoil areas. 



INDIAN RIVER COUNTY - Disclaimer. Charles R. McKinnon of Vero Beach, 
Florida, requested a disclaimer covering the NE% of SW^j of Section 
11, Township 32 South, Range 39 East, Indian River County, by reason 
of a deed in 1947 making reference to an easement granted to the 
State of Florida under date of June 25, 1947. The easement, which 
was never fully executed, was an outfall ditch easement from C. G. 
Wilhoit, et al, to the State of Florida over the south 25 feet of the 
above described land. The State Road Department advised that it had 
no interest in the property and had voided the said easement. 

Staff recommended issuance of an ex-parte disclaimer for $25.00 
handling charge, disclaiming any interest in the property arising out 
of the unrecorded outfall ditch easement granted to the State of 
Florida. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted, the 
Trustees accepted the staff recommendation as the action of the board 
on this matter. 



MONROE COUNTY - Disclaimer, File No. 2174-44-253.129 
The United States, Department of the Navy, applied for disclaimer 
over submerged lands of the Atlantic Ocean upon which improvements 
(Pier No. 370) had been constructed prior to May 21, 1951. Through 
an oversight, the Navy did not include subject pier in their original 
request for disclaimer of submerged lands at Key West Naval Station 



3-25-69 

- 243 - 



submitted on May 31, 1968. All required documents were furnished by 
the Navy to substantiate validity of this request and staff recommended 
approval. 

On motion by Mr. Faircloth, seconded and adopted, the Trustees 
authorized issuance of the disclaimer requested by the Navy. 



SHELL LEASE REPORT - On motion by Mr. Williams, duly adopted the 
Trustees received for the record the following report of remittances 
to Florida Board of Conservation from holders of dead shell leases: 

Lease No. Name of Company Amount 

1718 Radcliff Materials, Inc. § 7,090.77 

1788 Benton and Company 11,228.06 

2233 Bay Dredging & Construction Co. 5,116.40 

2235 Fort Myers Shell & Dredging Co. 1,439.25 



TRUSTEES* OFFICE - Equipment. On motion by Mr. Williams, seconded 
by Mr. Adams and adopted, the Trustees authorized the staff to 
advertise for bids to purchase a calculator for use in the Engineering 
Section. The estimated cost was under $4,000.00 and payment would be 
made from budgeted funds. 



TRUSTEES ' FUNDS - Cooperative Agreement, United States Coast and 

Geodetic Survey and Trustees 
Staff requested consideration of cooperative agreement between the 
United States Coast and Geodetic Survey and the State of Florida for 
the purpose of establishing aids and publishing data for subsequent 
re-establishment of the mean high water and the mean low water lines 
along the coastal shores of the State of Florida. Copy of proposed 
agreement form was furnished to each of the Trustees. 

The Trustees were requested to authorize the Director to execute 
agreement on behalf of the Trustees and that $125,000 be authorized 
for expenditure during the current year on this cooperative agreement. 

On motion by Mr. Adams, seconded by Mr. Williams and adopted unanimously, 
the Trustees authorized the Director to execute the agreement with 
the U. S. Coast and Geodetic Survey on behalf of the Trustees of the 
Internal Improvement Fund and authorized expenditure of $125,000 
during the current year on the cooperative agreement. 



TRUSTEES ' FUNDS - Capitol Center Property Acquisition 
Mr. James Maige, owner of property in the capitol center at the 
northwest corner of Gaines and Bronough Streets, described as East 
100 feet of South 100 feet of Lot 319, Original Plan of Tallahassee, 
agreed to accept $37 5 per front foot for his property. On December 
5, 1966, the property was appraised at $400 per front foot, and on 
June 22, 1962, an oil company offered $47,500 provided the property 
could be rezoned to business use. 

Staff recommended purchase at $37,500 and requested authority for 
expenditure of Trustees' funds for this purchase. 

Motion was made by Mr. Faircloth, seconded by Mr. Williams and adopted 



3-25-69 
- 244 - 



unanimously, that the property be purchased with Trustees' funds in the 
amount of $37,500 for the capitol center. 



TRUSTEES' FUNDS - Printing 

On October 30, 1968, the Trustees accepted the low bid from Rose 
Printing Company, Inc. , for the printing and binding of Volume 36 of 
the minutes, to be delivered to the Trustees' office in the Elliot 
Building by December 19, 1968. By hand delivered letter on December 
19, 1968, Rose Printing Company, Inc., requested the Trustees to 
extend the delivery date until December 24, 1968, for the reason that 
illness and absenteeism in their plant had affected production schedule. 
On December 19, 1968, Mr. Robert C. Parker, Director, by letter granted 
an extension until December 24, 1968, as requested. 



On January 2 
Comptroller 
for payment 
a letter was 
of $100 per 
Inc. , becaus 
and stating 
Parker to ex 
a weak excus 
The letter s 
of the Trust 
approved by 



1, 1969, Trustees' voucher was presented to the State 
for payment of $4,319.00 to Rose Printing Company, Inc., 
of the printing and binding contract. On March 12, 1969, 
received from the Comptroller indicating that a penalty 
day should have been assessed against Rose Printing Company, 
e the project had not been completed by December 19, 1968, 
in part, "This office questioned the authority of Mr. 
tend the time predicated upon what apparently seemed to be 
e and no proof that the Trustees were at fault in any way." 
uggested that the matter should be brought to the attention 
ees and if the extension was to be granted, it should be 
the Trustees or an assessment should be levied. 



The Executive Director of the State Purchasing Commission, requested 
to advise on the matter, by letter of March 14, 1969, advised that in 
view of the facts involved, he would be reluctant to recommend that 
any penalty for delay in delivery be assessed, the Director's lack of 
authority to grant an extension to the contrary notwithstanding. 

The staff recommended after-the-fact approval for extension of 
delivery date on printing and delivery of Volume 36 of the Minutes of 
the Trustees from December 19, 1968, until Noon, December 24, 1968, 
in order that appropriate action might be taken to clear the out- 
standing obligation. 

On motion made by Mr. Williams, seconded by Mr. Christian and adopted 
unanimously, the Trustees approved the extension of delivery date of 
Volume 36 of the minutes and appropriate action to make payment of 
the outstanding obligation. 



On motion duly adopted, the meeting was 



ATTEST: 




* * * 



* * * 



* * * 



3-25-69 



- 245 - 



Tallahassee, Florida 
April 1, 1969 



The Trustees of the Internal Improvement Fund met on this date in the 
Capitol, in Senate Hearing Room 31, with the following members present; 



Claude R. Kirk, Jr. 

Tom Adams 

Earl Faircloth 

Fred 0. Dickinson, Jr. 

Floyd T. Christian 

Doyle Conner 



Governor 

Secretary of State 

Attorney General 

Comptroller 

Commissioner of Education 

Commissioner of Agriculture 



Randolph Hodges 



Director 



On motion duly adopted, the Trustees approved minutes of the meeting 
of March 25, 1969. 



MARTIN COUNTY - File No. 1820-43-253.12 Land Sale 

Mr. Evans Crary, Jr., attorney for Laurel Court, Inc., by telegram 
received on this date requested two-weeks' deferment of his client's 
application to purchase an 0.88 acre parcel of sovereignty land in 
the St. Lucie River abutting Section 32, Township 37 South, Range 41 
East, Martin County, landward of the established bulkhead line in the 
City of Stuart, Florida. Director Randolph Hodges recommended 
deferment. 

It was so ordered. 



VOLUSIA COUNTY - File No. 1645-64-253.12 Sale Reconfirmed 
On December 5, 1967, the Trustees unanimously adopted a motion to 
confirm the sale of an advertised parcel of submerged land containing 
0.03 acre in the Halifax River in Section 35, Township 15 South, 
Range 33 East, Volusia County, to Lloyd E. Wall, the abutting upland 
owner, at the minimum price of $100.00. Due to confusion between 
the applicant and his representative, the payment was not transmitted 
and the deed did not issue. 

Staff requested reconfirmation of sale for issuance of the deed. 

On motion by Mr. Christian, seconded by Mr. Faircloth and adopted 
unanimously, the Trustees reconfirmed the sale and authorized 
issuance of deed. 



BREVARD COUNTY - File No. 2176-05-253.129 Disclaimer 
Leonard Spielvogel on behalf of V7. O. Norwood, et ux, requested 
issuance of a disclaimer to 2 parcels of Indian River bottom lands 
comprising a total of 2.14 acres lying in Section 35, Township 24 
South, Range 36 East, in Brevard County filled prior to May 20, 1951, 
All exhibits were furnished and the Staff recommended approval. 

Motion was made by Mr. Faircloth, seconded by Mr. Christian and 
adopted unanimously, that the disclaimer be issued as requested for 



4-1-69 



- 246 - 



$10 handling charge, 



BROWARD COUNTY - Disclaimer 

William F. Leonard, attorney for Mrs. Hazel Clarke, requested a dis- 
claimer covering all of the W^ of SE^ of SW% of Section 26, Township 
49 South, Range 42 East, Broward County, lying west of Old Dixie 
Highway and north of the south fork of Middle River, less that part 
platted as Wilton Manors, per plat book 15, page 1, of the public 
records of Broward County, Florida. 

The Attorney General reviewed tne matter and stated that the State has 
no reason to cloud title to property obviously outside of any regulation 
or rule of law. Staff recommended issuance of an ex parte disclaimer 
for handling charge of $25.00. 

Motion was made by Mr. Christian, seconded by Mr. Faircloth and adopted 
unanimously, that the disclaimer be issued for $25 charge. 



ALACHUA COUNTY - Dedication, Road Right of Way 

The State Road Department requested dedication of 0.05 acre in Section 
27, Township 9 South, Range 20 East, Alachua County, for road right of 
way for State Road No. 232-A, Parcel 109.1, Section No. 26003-2501. 

Florida Board of Forestry approved dedication of the land under its 
jurisdiction for road right of way use. 

Motion was made by Mr. Faircloth, seconded by Mr. Christian and adopted 
unanimously, that the Trustees dedicate the parcel requested by the 
State Road Department for right of way. 



BREVARD COUNTY - Dredge and Fill Permit, Section 253.124 F. S. 

State Road No. 528, Bennett Causeway 
The State Road Department applied for dredge and fill permit for 
construction of State Road #528, Parcel 100. IP, Section No. 70070-2511. 
Brevard County issued permit dated March 20, 1969, for the project. 

Florida Board of Conservation biological report submitted in connection 
with the project indicated that the filling and dredging would have 
adverse effects but efforts had been made, in connection with estab- 
lishing the bulkhead line, to minimize damage to marine resources. 
Staff recommended approval of permit. 

Motion was made by Mr. Adams, seconded by Mr. Christian and adopted 
unanimously, that dredge and fill permit be authorized. 



PALM BEACH COUNTY - Dredge Permit, Section 253.123 Florida Statutes 
Arvida Corporation, represented by Gee & Jenson of West Palm Beach, 
Florida, applied for permit to perform maintenance credging in Boca 
Raton Inlet, the material removed to be deposited on the beach south 
of the Inlet. 

Florida Board of Conservation biological report indicated that the 
project would not have adverse effects on marine resources. A sand 
trap was proposed to be constructed at a later date in accordance 
with recommendations of Florida Board of Conservation, Division of 
Beaches and Shores. 



4-1-69 

- 247 - 



On motion made by Mr. Adams, seconded and duly adopted, the Trustees 
approved issuance of the dredge permit for maintenance dredging. 



PINELLAS COUNTY - Dredge Permit, Section 253.123 Florida Statutes 
General Telephone Company of Florida, St. Petersburg, Florida, applied 
for permit to install a submarine telephone cable across the Anclote 
River in Section 6, Township 27 South, Range 15 East, Pinellas County. 

Staff requested waiver of requirement of biological study as 

provided under Section 253. 123 (3) (a) Florida Statutes, since the public 

need will be served. 

On motion by Mr. Christian, seconded by Mr. Adaips, and adopted 
unanimously, the Trustees approved issuance of the dredge permit. 



POLK COUNTY - Dredge Permit, Section 253.03 Florida Statutes 
Application was made by S. H. Chelsted of Haines City, Florida, for 
permit to remove 5,000 cubic yards of material from Crooked Lake in 
Section 32, Township 30 South, Range 28 East, Polk County. The 
material removed (to provide boating access) from a proposed canal 
1000 feet long, 50 feet wide (top cut), and varying in depth from 
3 to 6 feet, would be placed on applicant's upland. Applicant 
tendered check for $500 as payment for the material. 

Florida Game and Fresh V7ater Fish Commission had no objections to 
issuance of the permit subject to standard stipulations as to 
dredging, provided the canal was reduced to 25 feet top cut. 
Trustees' staff believed that reduction to 25 feet top cut was not 
realistic since the material (muck and decaying vegetation) would 
not maintain a side slope to provide adequate boating access to 
applicant's upland. The Director recommended approval of canal as 
proposed by the applicant. 

Motion was made by Mr. Adams, seconded by Mr. Christian, and adopted 
without objection, that the Trustees approve the application as 
submitted, and payment of $500 for the material. 



VOLUSIA COUNTY - Dredge Permit, Section 253.123 Florida Statutes 
Halifax Cable TV, Inc., Daytona Beach, Florida, represented by 
System Engineering, applied for permit to install a submarine TV 
cable crossing the Halifax River south of the Port Orange Bridge in 
Section 2, Township 16 South, Range 33 East, Volusia County, 

The biological report from Florida Board of Conservation indicated 
no adverse effects on marine life from the proposed installation. 

Motion was made by Mr. Christian, seconded by Mr. Adams and adopted 
without objection, that the application be approved. 



OKALOOSA COUNTY - Dock Permit, section 253.03 Florida Statutes 
Edward B. Robinson of Destin, florida, applied for permit authorizing 
the construction of an addition to an existing commercial dock in 
Old East Pass Lagoon in Point Moreno Military Reservation, Township 
2 South, Range 22 West, Okaloosa County. All required exhibits 
including $100 processing fee were submitted. 



4-1-69 
- 248 - 



Motion was made by Mr. Adams, seconded by Mr. Christian and adopted 
without objection, that the application be approved. 



SANTA ROSA COUNTY - Dock Permit, Section 253.03 Florida Statutes 
Escambia Chemical Corporation of Pensacola, Florida, by Joseph S. 
McClure, applied for commercial dock permit to install four (4) 
dolphins in Escambia Bay at the entrance to the barge basin (approved 
by Trustees March 25, 1969) to be constructed in the applicant's 
upland in Township 1 North, Range 29 West, Santa Rosa County. All 
required exhibits, including $100 processing fee, were submitted. 

Motion was made by Mr. Adams, seconded by Mr. Faircloth and adopted 
without objection, that issuance of the dock permit be approved. 



PALM BEACH COUNTY - File No. 20494"B"-50-253. 123 and 253.124 

Dredge and Fill Permit 
The Director said that a telegram received on this date from John B. 
Waddell, City Attorney of Lake Worth, requested that the Trustees 
remove from the agenda the application of the City of Lake Worth for 
dredge and fill permit for submerged lands in Lake Worth abutting 
Sections 26 and 27, Township 44 South, Range 43 East, Palm Beach 
County, pending further consideration of the application by the Area 
Planning Board on April 8. 

On December 3, 1968, the Trustees directed that the application be 
referred to the Area Planning Board, and the Director said that the 
recommendation received from that board more or less took both sides. 
The staff requested the Area Planning Board to clarify its position 
on the matter but to date no response had been received. The 
biological report indicated that the area had marginal value, but 
that the project was not in the best interest of conservation. 

Objections had been filed and Town Manager G. R. Frost of the Town 
of Palm Beach was present to restate the town's objections. Since 
he would be unable to return for another hearing, the Trustees heard 
his presentation that the Town of Palm Beach was a small island 
approximately thirteen miles long by three-fourths mile wide with a 
bulkhead line set many years ago on the tidal shore, that the town 
was prepared to act in concert with other municipal and county 
agencies to withdraw the bulkhead lines as recommended by the Inter- 
agency Advisory Committee, that the City of Lake Worth project was 
in a little hiatus surrounded on three sides by the Town of Palm 
Beach, that while the project was sponsored by the City of Lake Worth 
the reported agreement with the developer indicated it was in most 
respects a private project, and that the Town of Palm Beach would 
expect for its private owners the same extensive fills now indicated 
as possible by the location of the existing bulkhead lines in the 
event the proposed landfill was approved. 

At the request of the applicant, the City of Lake Worth, and on 
motion by Mr. Faircloth, duly adopted, the Trustees withdrew the 
matter from the agenda pending receipt of further recommendation 
from the Area Planning Board of Palm Beach County. 



DUVAL COUNTY - Dredge and Fill Permit 

Jacksonville Port Authority requested issuance of dredge permit 
pursuant to Section 253.123 Florida Statutes, and approval of fill 
permit issued by the City of Jacksonville pursuant to Section 253.124 



4-1-69 

- 249 - 



Florida Statutes, to fill slip between Piers No. 2 amd No. 3, 
Tallyrand Docks. The borrow material would be obtained from area 
adjacent to Terminal Channel in the St. Johns River, Duval County. 

On motion by Mr. Christian, seconded by Mr. Faircloth and adopted 
without objection, the Trustees approved issuance of dredge permit 
and approval of the fill permit issued by the City of Jacksonville, 



SUBJECTS UNDER CHAPTER 18296 



On motion by Mr. Christian, seconded by Mr. Adams and adopted 
unanimously, the Trustees authorized refund in the amount of $20 to^i 
Dubbin, Schiff, Berkman and Dubbin for the reason that the State Ro^ 
Department declined to recommend release of the State road right ^r 
way reservation contained in Dade County Murphy Act Deeds No. 



and No. 2846. 



On motion duly adopted, the meetin 




ATTEST 




Tallahassee, Florida 
April 8, 1969 



The Trustees of the Internal Improvement Fund met on this date m the 
Capitol, in the Office of the Governor, with the following members 
present: 



Claude R. Kirk, Jr. 

Tom Adams 

Earl Faircloth 

Fred 0. Dickinson, Jr. 

Broward Williams 

Floyd T. Christian 

Doyle Conner 



Governor 

Secretary of State 

Attorney General 

Comptroller 

Treasurer 

Commissioner of Education 

Commissioner of Agriculture 



Randolph Hodges 



Director 



On motion duly adopted, the Trustees approved minutes of the meeting 
of April 1, 1959. 



4-8-69 



- 250 - 



CITRUS COUNTY - Bulkhead Line, Section 253.122 Florida Statutes 
The City Council of Crystal River by Resolution No. 68-R16 adopted on 
December 2, 1958, fixed and located a bulkhead line within the city 
limits at the approximate location of the mean high water line with 
minor exceptions. All required exhibits were furnished, there were no 
objections at the local hearing, and the Trustees' staff recommended 
approval of the line. 

Florida Board of Conservation biological survey report indicated no 
significant adverse effects. 

Motion was made by Mr. Adams, seconded by Mr. Christian and adopted 
unanimously, that the Trustees approve the bulkhead line as established 
by the City Council of Crystal River. 



MANATEE COUNTY - Bulkhead Line, Section 253.122 Florida Statutes 
Director Randolph Hodges advised that the Board of County Commissioners 
of Manatee County had requested removal from the agenda for two weeks 
of a bulkhead line from the north right of way line of U. S. 19 at a 
point 2,200 feet west of south toll gate of Sunshine Skyway, north- 
easterly along the south shore of Bishop's Harbor to a point about 
2,000 feet west of the northeast corner of Section 24, Township 33 
South, Range 17 East, Manatee County, in order to give the county 
opportunity to consider possible revision of plans. Mr. Hodges said that 
approximately 1,200 acres between the mean high water line and the 
bulkhead line, or 500 acres if figured between the meander line and the 
bulkhead line, were involved. 

Consideration on this date had been scheduled and shown on an advance 
agenda, and the staff had tried to notify interested parties of the 
requested deferment. Governor Kirk asked if there were any persons 
present who would be unable to return in two weeks, whereupon Mr. 
Charles Futch who had made the biological survey for the Florida 
Board of Conservation stated that it was an area valuable biologically 
and, to him, aesthetically, and that since his survey was made there 
had been no topographical change in the area to his knowledge. 

Without objection, the Trustees deferred consideration of this 
bulkhead line for two weeks as requested by the Board of County 
Commissioners. 



DADE COUNTY -- Land Sale for Advertisement, File No. 2106-13-253.12 
Application was made by M. B. Garris on behalf of Leo Witz, Trustee, 
to purchase a parcel of sovereignty land in the abandoned Florida 
East Coast Canal abutting Lots 2 and 3, Tatums Subdivision, Plat Book 
10, Page 64, lying in Fractional Section 11, Township 52 South, Range 
42 East, Dade County, containing 2.65 acres, more or less, appraised 
at $1,000.00 per acre. Applicant proposed to fill the parcel by 
hauling in material, in order to complete the development plan. 

Florida Board of Conservation biological survey report was adverse. 
The Interagency Advisory Committee recommended that bulkhead lines 
in this area be confirmed as presently located, and the parcel was 
landward of the established bulkhead line. The area immediately 
south of the subject parcel was artificially created navigable 
water where no dredging or fill is presently contemplated. 
Dumfoundling Bay to the north will be subjpcted to extensive dredging 
in connection with proposed upland development. 



4-8-69 

- 251 - 



On motion by Mr, Adams, seconded by Mr. Christian and adopted 
unanimously, the Trustees authorized the parcel advertised for 
objections only as recommended by the staff. 



PALM BEACH COUNTY - Land Sale to Clear Title, File 2138-50-253.12 
On February 25, 1959, the Trustees authorized advertisement, for 
objections only, of a 0.2G acre parcel of sovereignty land lying 
within the Government Land Office reanders of Boca Ratones Lagoon 
(which is now non-existent) which was applied for by P. J. Brannen.Jr., 
as Trustee, on behalf of John Aragona Enterprises, Inc., in order to 
clear title to the hiatus parcel. Notice of sale was published in the 
Boca Raton News, proof of publication filed in the Trustees' office, 
and no objection to the sale was received. 

Applicant offered $840.00 for the parcel, at the rate of $3,000 per 
acre. Staff appraisal of a nearby conveyance of land similarly 
situated placed a value of $1,573.40 per acre in 1963. 

Motion was made by Mr. Faircloth, seconded by Mr. Adams and adopted 
unanimously, that the Trustees confirm sale of the small hiatus 
parcel to the applicant at the price offered, to clear the title. 



COLLIER COUNTY - Dredge and Fill Permit, File 24805(2082-11)253.124 

Sections 253.123 and 253.124 Florida Statutes 
Bryant L. Hampton of Tri-County Engineering, Inc., on behalf of 
Alger F. Quest Co. (Marco Island Inn Properties), applied for a 
dredge permit to dredge an area adjacent to lands heretofore acquired, 
and to fill submerged lands previously acquired abutting Lots 11 
through 18, Block 2, Amended Plat of Collier City, Plat Book 1, Page 
58, in Section 5, Township 52 South, Range 26 East, Collier County. 
Approximately 7,000 cubic yards of material will be dredged, for 
which applicant has tendered his check for $700.00. The Board of 
Conservation biological survey report was not adverse and staff 
recommended approval. 

Also, the Board of County Commissioners of Collier County issued a 
construction permit on May 8, 1968, under provisions of Section 
253.124 Florida Statutes, which the staff recommended be approved 
by the Trustees. 

Motion was made by Mr. Adams, seconded by Mr. Faircloth and adopted 
unanimously, that the Trustees approve issuance of dredge permit 
under provisions of Section 253.123 and approve fill permit issued 
by Collier County under Section 253.124 Florida Statutes. 



DUVAL COUNTY - Dredge Permit, Section 253.123 Florida Statutes 
E. E. Bentley, City Engineer, on behalf of the Consolidated City 
of Jacksonville, applied for a permit authorizing the installation 
of a 16-inch water main across the Ortega River at Roosevelt 
Boulevard in Township 3 South, Range 26 East, in Duval County. 

Staff recommended approval and waiver of requirement of a biological 
survey as provided by Section 253. 123 (3) (a) Florida Statutes, since 
the utility crossing will serve the public interest. 

On motion by Mr. Adams, seconded by Mr. Faircloth and adopted 
unanimously, the Trustees authorized issuance of the dredge permit. 



4-8-69 
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ORANGE COUNTY - Dredge Permit, Section 253.03 Florida Statutes 

VJard S. Estey of Tangerine, Florida, on December 23, 1963, applied for 

permit to remove 500 cubic yards of material from Lake Ola in Section 

8, Township 20 South, Range 27 East, Orange County, to improve his upland 

property. He tendered check for $50.00 as payment for the material. 

Florida Game and Fresh Water Fish Commission reported favorably on the 
proposed v;ork, subject to stipulations as to dredging. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted unanimously, 
the Trustees approved issuance of the dredge permit. 



PALM BEACH COUNTY - Dredge Permit, Section 253.123 Florida Statutes 
Walter Kohler, represented by Tom McCarthy Associates, applied for 
permit to dredge in the vicinity of a proposed dock to improve 
navigation. Material removed would be placed on upland property. 

The Florida Board of Conservation biological survey report showed 

that the shallow and limited dredging would not affect marine resources 

in the area. 

On motion by Mr. Adams, seconded by Mr. Dickinson and adopted unanimously, 
the Trustees authorized issuance of the dredge permit to improve 
navigation. 



SANTA ROSA COUNTY - Dredge and Fill Permit 

Sections 253.123 and 253.124 Florida Statutes 
Carl T. Hoffman applied for dredge permit to dredge adjacent submerged 
lands in Pensacola Bay and fill permit to fill submerged lands 
previously acquired abutting the northerly right of way of State Road 
30, U. S. Highway 98, in Section 5, Township 3 South, Range 29 West, 
in the City of Gulf Breeze, Santa Rosa County. Applicant submittec 
check in the amount of $6,900.00 in payment for the 69,000 cubic 
yards of fill material. Biological survey report from Florida Board 
of Conservation was not adverse to dredging and filling in this area. 

Also, the City of Gulf Breeze issued a fill permit under Section 
253.124 Florida Statutes, on July 24, 1967, confirmed the action by 
Resolution 2068 adopted on February 20, 1963, and the city's action 
was reaffirmed in meeting on March 17, 1969. 

On motion by Mr. Dickinson, seconded by Mr. Faircloth and adopted 
unanimously, the Trustees approved issuance of dredge permit under 
provisions of Section 253.123 and approved the fill permit issued by 
the City of Gulf Breeze under Section 253.124 Florida Statutes. 



SARASOTA COUNTY - Dredge Permit, Section 253.123 Florida Statutes 
R. S. Baynard applied for permit to construct a channel parallel to 
a seawall in Roberts Bay in Section 7, Township 39 South, Range 19 
East, Sarasota County. The material removed from the channel 200 
feet long, 25 feet wide and approximately 5 feet deep, would be 
deposited on applicant's upland property. 

The biological survey report from Florida Board of Conservation 
showed that the dredge area was sandy and unvegetated. Staff 
recommended approval of the permit. 



4-8-69 

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On motion by Mr. Faircloth, seconded by Mr. Adams and adopted 
unanimously, the Trustees approved issuance of dredge permit to the 
applicant. 



DADE COUNTY - Dredge and Fill Permit, 

Sections 253.124 and 253.123 Florida Statutes. 
The City of Miami on March 31, 1969, issued construction permit under 
the provisions of Section 253.124 Florida Statutes, for filling lands 
lying inside the existing bulkhead around Fair Isle in Biscayne Bay 
in Section 15, Township 54 South, Range 41 East, Dade County. 

Welan Investment Company, care of Bliss & Nyitray, Inc., applied for 
permit to remove 200,000 cubic yards of material from offshore from 
Fair Isle in Biscayne Bay in Section 15, Township 54 South, Range 41 
East, Dade County. 

Florida Board of Conservation biological survey report indicated that 
the dredge area was hard, sandy bottom devoid of any sea grasses and 
algae. A lagoon on the south end of Fair Isle is a feeding ground 
for fish and is well vegetated. This island was submerged land 
conveyed by the Trustees in 1922, bulkheaded and filled. The wooden 
bulkhead collapsed and the fill eroded away. 

Staff recommended approval and issuance of permit upon receipt of 
payment of $20,000.00 for the material. 

On motion by Mr, Faircloth, seconded by Mr. Adams and adopted 
unanimously, the Trustees approved the fill permit issued by the 
City of Miami under Section 253.124 and authorized issuance of dredge 
permit under Section 253.123, subject to receipt of payment for the 
material in the amount of $20,000.00. 



BAY COUNTY - Dock Permit, Section 253.03 Florida Statutes. 
Colonel R. J. Hartman, USAF, Commanding Officer (BCEP-R) , Tyndall 
Air Force Base, Florida, applied for a commercial dock permit to 
install a floating dock at the end of an existing pier in St. 
Andrews Bay at Tyndall Air Force Base Reservation in Township 4 South, 
Range 14 VJest, Bay County. 

Staff recommended approval and waiver of the $100 processing fee 
since the facility would be used by the military. 

On motion by Mr. Adams, seconded by Mr. Williams and adopted 
unanimously, the Trustees approved issuance of the dock permit 
without charge. 



OKALOOSA COUNT Y - Dock Permit, Section 253.03 Florida Statutes. 
Carmicheal Surf Side Seven, in care of Mrs. Loretta James of Fort 
Walton Beach, Florida, applied for permit to construct a marina in 
Garnier Bayou in Section 6, Township 2 South, Range 23 West, Okaloosa 
County. All required exhibits including $100 processing fee were 
submitted. 

On motion by Mr. Faircloth, seconded by Mr. Adams and adopted 
unanimously, the Trustees authorized issuance of the commercial dock 
permit. 



4-8-69 
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PINELLAS COUNTY - Dock Permits, Section 253.03 Florida Statutes . 
The Pinellas County Water and Navigation Control Authority approved 
issuance of commercial dock permits to the following three applicants 
and submitted all required exhibits, including $100.00 processing fee, 
for state commercial dock permit for each: 

1. Rovelle Simmons, Treasure Island, Florida, to construct 
a commercial dock in Boca Ciega Bay in Section 23, 
Township 31 South, Range 15 East; 

2. Shore View (Gait Construction Company) , South Pasadena, 
Florida, to construct a commercial dock in Boca Ciega 
Bay in Section 30, Township 31 South, Range 16 East; 

3. Shore Towers (Gait Construction Company), South Pasadena, 
Florida, to construct commercial dock in Boca Ciega Bay 
in Section 30, Township 31 South, Range 16 East. 

On motion by Mr. Adams, seconded by Mr. Christian and adopted 
unanimously, the Trustees approved issuance of state commercial dock 
permits to the three applicants. 



POLK COUNTY - Dock Permit, Section 253.03 Florida Statutes . 
C. F. Dees, Jr., of Lakeland, Florida, applied for permit to construct 
a commercial dock adjacent to the Holiday Inn on Lake Parker in 
Section 7, Township 28 South, Range 24 East, Polk County. All required 
exhibits, including $100 processing fee, were submitted. 

On motion by Mr. Adams, seconded by Mr. Christian and adopted 
unanimously, the Trustees approved commercial dock permit. 



VOLUSIA COUNTY - Dock Permit, Section 253.03 Florida Statutes. 
The City of Edgewater, Florida, applied for permit to construct a 
fishing pier extending into the Indian River from the city park in 
Section 2, Township 18 South, Range 34 East, Volusia County and 
requested waiver of the $100 fee since the pier was for public 
recreation. 

The adjacent owners on either side objected on the grounds that a 
fishing pier would lessen their property values. H. W. Knowlton, who 
owned property south of the city park, sent copy of a petition dated 
February 1, 1969, to the Mayor and City Council' objecting to the 
fishing pier. 

The Director said that the staff recommended approval in view of 
the fact that the City Council of Edgewater and the Board of County 
Commissioners of Volusia County by resolutions had approved the pier 
construction. 

Motion was made by Mr. Adams, seconded by Mr. Christian and adopted 
unanimously, that the Trustees approve issuance of the dock permit 
without charge, since it would provide additional recreational 
facilities for the City of Edgewater. 



LEE COUNTY - J. N. "Ding" Darling National Wildlife Refuge- 
Representatives of the U. S. Fish and Wildlife Service had informed 
the staff that the Bureau of Sports Fisheries and Wildlife planned 
to expand the Refuge by approximately 1,200 acres. It was tentatively 
planned to utilize "Duck Stamp" funds for the acquisitions pursuant 
to authority of the Migratory Bird Conservation Act. 

Under such authority it was necessary for the Bureau to receive the 

4-8-69 

- 255 - 



approval of the Trustees of the Internal Improvement Fund and the 
Board of County Commissioners of the county involved. 

No action was taken on this matter pending receipt of an expression 
from Lee County. 



VOLUSIA COUNTY - File 2181-64-253.12(6) 

Statutory Conveyance of Filled Land . 
David L. Black, attorney representing Harry N. Jones, made application 
for an instrument of conveyance of 0.5 acre parcel of sovereignty land, 
formerly submerged land of the Halifax River, abutting Section 23, 
Township 14 South, Range 32 East, in Volusia County. 

The parcel was filled between May 20, 1951, and June 11, 1957, and 
pursuant to Section 253.12(6) Florida Statutes, the Trustees are 
required to convey such land for the appraised value as the land 
existed prior to filling. Office records indicated a value of 
$200.00 per acre had been established. 

Motion was made by Mr. Adams, seconded by Mr. Faircloth and adopted 
unanimously, that instrument of conveyance be issued pursuant to law. 



ST. LUCIE COUNTY - Park Property Acquisition, Section 253.03 F. S. 
The Florida Board of Parks requested the Trustees to accept title 
to a 20-acre parcel of land in Sections 25 and 26, Township 34 South, 
Range 40 East, St. Lucie County, conveyed by the St. Lucie County 
Board of County Commissioners by deed dated February 11, 1969, in 
order for the Park Board to construct a state museum and park on the 
site. 

The Attorney General reviewed and approved the request which provided 
that the land would revert to the county in the event of non-use for 
a public park, recreation and museum use, and in the event a state 
museum is not commenced within two years from deed date. 

On motion made by Mr. Adams, seconded and adopted unanimously, the 
Trustees granted the request of the Florida Board of Parks. 



MARION COUNTY - Forest Service Lease . 

The Florida Board of Forestry maintained its District and Marion 
County Headquarters on a parcel of 3.92 acres near Ocala on the 
Silver Springs Boulevard, under a lease with the Board of Commissioners 
of State Institutions dated October 10, 1960. The lease terminated 
May 10, 1969, with option to renew for ten (10) years provided 
the land is not needed for the operation of some tate institution 
under control of the Board of Commissioners of State Institutions. 

An offer was received to place the parcel on the market for com- 
petitive bids, however costs involved in relocation of the District 
and County Headquarters would exceed the value of the land. Staff 
recommended denial of the purchase offer and renewal of the lease 
to the Board of Forestry for another 10 years. 

On motion by Mr. Adams, seconded by Mr. Faircloth and adopted 
unanimously, the Trustees denied consideration of sale and authorized 
renewal of the lease for another 10 years as recommended by the staff. 



4-8-69 
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On motion duly adopted, the meeting was ad 




jTRMAN 






Tallahassee, Florida 
April 15, 1969 



The Trustees of the Internal Improvement Fund met on this date in the 
office of the Governor in the Capitol, with the following members 
present: 



Claude R. Kirk, Jr. 

Tom Adams 

Earl Faircloth 

Fred 0. Dickinson, Jr. 

Broward Williams 

Floyd T. Christian 

Doyle Conner 



Governor 

Secretary of State 

Attorney General 

Comptroller 

Treasurer 

Commissioner of Education 

Commissioner of Agriculture 



Randolph Hodges 



Director 



On motion duly adopted, the Trustees approved minutes of the meeting 
of April 8, 1969. 



LEVY COUNTY - Bulkhead Line, City of Cedar Key 
Section 253.122 Florida Statutes- 
Presented to the Trustees for approval was the bulkhead line adopted 
by the City Council of the City of Cedar Key, Florida, by resolution 
dated March 11, 1969, located adjacent to or offshore from existing 
lands or islands within the city limits of the City of Cedar Key in 
Sections 19, 20, 29, 30, 31, and 32, Township 15 South, Range 13 East, 
Levy County. All required exhibits were furnished. There were some 
objectors at the local hearing concerning possible loss of submerged 
lands to which they claim title. 

The biological report from Florida Board of Conservation indicated 
that although much of the submerged land surrounding Cedar Key was 
muddy and unvegetated, it was not barren of marine life. "Coon" 
oysters were common in almost all areas studied, the destruction of 
which would have a detrimental effect on the marine ecology. 

Motion was made by Mr. Adams, seconded by Mr. Faircloth and adopted 



4-15-69 



- 257 - 



unanimously, that the bulkhead line be approved as adopted by the 
City of Cedar Key. 



LEE COUNTY - File No. 2146-36-253.12, Application to Purchase. 
Application was made by George T. Swartz on behalf of E. H. Jewett 
and wife, W. M. Miller, H. G. Haskell, Jr., and Katherine Hammond, 
to purchase 4 contiguous parcels of sovereignty land in Boca Grande 
Yacht Basin in Section 14, Township 43 South, Range 20 East, Boca 
Grande, Gasparilla Island, Lee County, sought in connection with 
construction of a residence, enlargement of an existing marina and 
boat houses. 

Parcel A containing 0.02 acre was appraised at $9,650 per acre or 
$193.00 for the parcel. Parcels B, C, and D were appraised at 
$8,500 per acre or $1,863.00, $593.00, and $2,710.00 for the three 
parcels respectively. 

The biological survey report prepared by the Board of Conservation 
was not adverse to development of the four parcels. 

By letter of February 5, 1969, the Board of County Commissioners of 
Lee County responded to the Trustees' inquiry of January 10 relative 
to bulkhead line locations. All previous actions by predecessor 
County Commissioners were confirmed. 

On motion by Mr. Adams, seconded by Mr. Christian and adopted 
unanimously, the Trustees authorized advertisement of the four 
parcels for objections only. 



MARTIN COUNTY - File No. 1820-43-253.12, Land Sale. 

On April 1, 1969, the Trustees deferred for 2 weeks, at the request 
of applicant's attorney, consideration of the application of Laurel 
Court, Inc., to purchase 0.88 acre parcel of sovereignty land in the 
St. Lucie River abutting Section 32, Township 37 South, Range 41 East, 
Martin County, landward of the established bulkhead line in the City 
of Stuart, Florida. Previously considered and advertised for 
objections only, the application had been deferred for reallocation of 
the submerged land in an area that was concave bayward and difficulty 
occured in extending boundary lines, adjacent owners had objected to the 
proposed sale, and the Trustees directed referral to the Interagency 
Advisory Committee for recommendation. The Committee recommended 
that sale be denied until a realistic and practical bulkhead line was 
established to conform with the Advisory Committee report. 

In response to the Trustees' request of January 10, the City of 
Stuart advised that they were satisfied with the established bulkhead 
line. 

There were no adverse biological factors. In view of the Interagency 
Advisory Committee's recommendations, staff recommended that sale be 
denied without prejudice. 

On behalf of the applicant, Mr. Evans Crary, Jr., said his client 
had applied to purchase in 1966 and was still desirous of purchasing 
the parcel with whatever extension boundary lines the Trustees set, 
and agreed to the appraised price of $1,750,00 per acre. 

Director Randolph Hodges said that the Interagency Committee did not 
especially object but the members representing the Planning Commission 
had not felt that the public interest was proved. Mr, Adams noted 



4-15-69 
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that the project did not extend beyond the bulkhead line. 

Motion was made by Mr. Dickinson, seconded by Mr. Williams and 
adopted unanimously, that sale of the parcel be approved (confirmed) 



PALM BEACH COUNTY - File No. 2187-50-253.03, Dedication . 
The City of Boca Raton by Resolution No. 6-69 dated April 1, 1969, 
applied for a 2.92 acre, more or less, parcel of land between the 
meanders of the non-existent Boca Ratones Lagoon abutting Government 
Lot 3, Section 9, Township 47 South, Range 43 East, in the City of 
Boca Raton in Palm Beach County. 

The parcel was upland upon which the city desired to construct a 
public park, a sanitary sewer lift station, and rights of way for 
State Road 800 {NE 40th St.) and an arterial road (NE 10th Ave,). 
Instrument of dedication when issued would contain public purpose and 
reverter clause. 

On motion by Mr. Christian, seconded by Mr. Dickinson and adopted 
unanimously, the Trustees authorized advertisement of the land for 
objections only. 



PALM BEACH COUNTY - Dredge and Fill Permit, 

File 20494"B"-50-253.123 and 253.124 F.S. 
Previously considered by the Trustees on December 3, 1968, and 
April 1, 1969, and presented on this date was application from the 
City of Lake Worth for approval of fill permit issued by the city 
on September 3, 1968, pursuant to Section 253.124 Florida Statutes, 
and issuance of dredge permit pursuant to Section 253.123 to obtain 
88,000 cubic yards of material for filling city-owned submerged lands 
in Lake Worth abutting Sections 26 and 27, Township 44 South, Range 43 
East, Palm Beach County. 

Deferral on both dates had been to allow review and recommendation 
by the Area Planning Board of Palm Beach County which could not agree 
that the project was in the public interest and favored moving the 
bulkhead lines on both shores of Lake Worth shoreward. At its meeting 
on April 8 after further review, the Planning Board motion to withdraw 
any past objections ended in a 3 to 3 tie vote with one member 
abstaining. 

The report by the Board of Conservation biologist indicated that 
the area had marginal value; however, it further stated that the 
project was not in the best interest of conservation. 

Objections and expressions of approval approximately equal in 
number were filed. The Town of Palm Beach objected on the basis 
that it "...will expect for its private owners the same extensive 
fills now indicated as possible by the location of the existing 
bulkhead lines..." The staff recommended that the request for 
dredge and fill permits be denied without prejudice. 

Representing the City of Lake Worth were Ray H. Pearson, and Ray 
Steinhardt for the developer or lessee of the city-owned property. 
City Attorney John B, Waddell, Charlie Miner, Shelby Highsmith, 
Kenneth Miller, Jr., and George Ingersoll. Their presentation included 
the following. The city acquired about 13 acres on the east side 
of Lake Worth in 1955, established its bulkhead line in 1959, and 
applied to the Trustees in 1968 to fill 800 of the 1200 front feet. 
The plan to build a marina, motel, restaurant complex (worked on 



4-15-69 



- 259 - 



over a period of 6 years) was to develop the city property with private 
funds in the public interest, and the proposed lease had been approved by 
the courts in 1967. The city had agreed to pull back its bulkhead 
line some 15 feet to coincide withthe Town of Palm Beach bulkhead 
line as now established. The town had no marina and the project 
would offer greatly needed economic impact. An aerial map showed the 
area as a pocket between permanent fills. It was pointed out that 
during the planning years no conservation objections had been raised, 
and the public interest and criteria established by the Trustees were 
well met. 

Mr. Robert C. Johnson, former mayor of Lake Worth now County 
Commissioner for District 3, Palm Beach County, said he objected on 
behalf of those who enjoy Florida's natural shoreline, he did not 
believe this was a public use, and he was concerned about right of way 
for widening the bridge and highway. He said towns in the locality 
were considering a roll-back of bulkhead lines to the high water mark 
and if the subject fill application was granted others might follow. 

The Trustees asked questions regarding the accommodations for the 
public, provision to prevent pollution, 4-laning of the bridge and 
State Road AlA now being planned by the State Road Department. 
Mr. Adams pointed out that the city had obtained from the Trustees 
a release of the public purpose clause so the land was not subject 
to public use now. Mr. Christian favored putting the area to some 
useful purpose. Mr. Dickinson commended the city officials for 
working to get a municipal marina and other facilities which he felt 
the great majority of the people wanted for Lake Worth, a very 
conservation-minded and conservative town, and he said it was 
essential that plans be resolved to improve traffic conditions and 
that needed right of way be secured from the developers. 

Mr. Pearson said he would publicly commit the developers to 
dedicate needed right of way for AlA. Mr. Miller said set-back 
requirements were provided for. Representatives of the city agreed 
that the city would cooperate with the State Road Department and 
county for the bridge and highway widening as requested by the 
Governor. 

Mr. Adams brought up the matter of payment for fill material and 
Mr. Hodges said applicant had submitted a cashier's check for 
$8,800 to cover cost of the estimated amount of material computed 
at current rates. 

Motion was made by Mr. Christian, seconded by Mr. Dickinson and 
adopted unanimously, that the Trustees approve the fill permit 
issued by the City of Lake Worth pursuant to Section 253.124 
Florida Statutes, and authorize issuance of dredge permit pursuant 
to Section 253.123 to obtain 88,000 cubic yards of material at a 
charge of $8,800 to fill city-owned land, provided the City of 
Lake Worth and the developer cooperate with the State Road 
Department and the county in the matter of dedication of sufficient 
land for the required right of way for widening the bridge and State 
Road AlA. 



BAY COUNTY - Dredge Permit, Improve Navigation . 

James E. Anderson of Panama City, as spokesman for four owners, 
applied for a permit to construct a navigation channel 35 feet wide 
by 5 feet deep by 140 feet long in Pitts Bayou in Section 24, Township 
4 South, Range 14 West, Bay County. Material removed would be placed 
on upland property. 



4-15-69 
- 260 - 



The biological study indicated some damage would occur to grass beds 
but the damage would be limited because of the small size of the 
channel. 

On motion by Mr. Adams, seconded by Mr. Faircloth and adopted 
unanimously, the Trustees approved issuance of the dredge permit. 



CHARLOTTE COUNTY - Dredge Permit, Section 253.123 F.S. 
elate E. Kesselring of Englewood, Florida, applied for permission to 
remove 9,000 cubic yards of material from Lemon Bay in Section 12, 
Township 41 South, Range 19 East, Charlotte County, to deposit on his 
upland property. He tendered check for $900,00 in payment. 

The biological study by the Florida Board of Conservation indicated 
that the dredge area averaged about 9 feet deep, below the zone of 
optimum sunlight penetration, and the bottom was unvegetated. 

On motion by Mr. Adams, seconded by Mr. Faircloth and adopted unanimously, 
the Trustees approved issuance of the permit. 



CHARLOTTE COUNTY - Dredge Permit, Section 253.123, Permit No. 36 

Payment for Material from Overdredge • 
elate E. Kesselring of Englewood, Florida, tendered his check for 
$781.20 as payment for 3,906 cubic yards of material removed in 
excess of the amount authorized under permit No. 253.123-36. 

Mr. Hodges said this was the first instance of recovery of payment 
for an overdredge found when the area was rechecked. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted 
unanimously, the Trustees approved issuance of the permit at 20 cents 
per cubic yard. 



HIGHLANDS COUNTY - Dredge Permit, Section 253.03 F. S. 
Fred W. Maurer of Miami, Florida, applied for permit to remove 2,700 
cubic yards of material from a proposed canal 400 feet long, 30 feet 
wide and 6 feet deep to be constructed along the front of his land 
on Lake Istokpoga in Section 33, Township 35 South, Range 31 East, 
Highlands County. The material would be placed on his upland and 
check for $270.00 was tendered in payment. 

Florida Game and Fresh Water Fish Commission reported favorably 
subject to stipulations as to dredging and reduction of width from 
30 to 20 feet bottom cut. 

On motion by Mr, Adams, seconded by Mr. Christian and adopted 
unanimously, the Trustees approved issuance of the permit with canal 
width 20 feet bottom cut as recommended by the Florida Game and Fresh 
Water Fish Commission. 



NASSAU COUNTY - Dredge Permit, Section 253.123, Permit 224. 
Trusty-Hulsander Development Corporation of Jacksonville, Florida, 
applied for permission to connect two canals to be constructed 
across applicant's property with the Bells River in Sections 43, 54, 
and 56 in Township 3 North, Range 28 East, Nassau County. The material 
removed would be placed on upland. 



4-15-69 

- 261 



The report from Florida Board of Conservation indicated that while 
the proposed 50-ft. wide by 5-ft. deep channel occured in a biologically 
valuable cord grass and black rush marsh, it did not portend extensive 
destruction of the marsh and should not have significant adverse 
effects on marine life in the area. 

Motion was made by Mr. Adams, seconded by Mr. Faircloth and adopted 
unanimously, that dredge permit for the channel connection be approved. 



OKALOOSA COUNTY - Dredge Permit, Section 253.123. 

Application was made b^' D. W. Wyman, District Engineer, for Southeastern 
Telephone Company of Fort Walton Beach, Florida, for permit to install 
a submarine cable across Santa Rosa Sound in Township 2 South, Range 
24 West, Okaloosa County. 

Staff requested waiver of the biological study as provided under 
Section 253. 123 (3) (a) Florida Statutes, since the needs of the public 
will be served. 

On motion by Mr. Adams, seconded by Mr. Faircloth and adopted 
unanimously, the Trustees approved issuance of the permit. 



PALM BEACH COUNTY - Dredge Permit, Section 253.123 . 
Florida State Road Department applied for permit to install a 
submarine cable crossing the Intracoastal Waterway in Section 9, 
Township 47 South, Range 43 East, Palm Beach County. 

Staff requested waiver of the biological study as provided under 
Section 253. 123 (3) (a) Florida Statutes, since the needs of the public 
will be served. 

On motion by Mr. Conner, seconded by Mr. Williams and adopted 
unanimously, the Trustees approved issuance of the permit. 



SANTA ROSA COUNTY - Section 253.123 Florida Statutes, 

Maintenance Dredging . 
Dr. C. J. Heinberg, Mayor, on behalf of the City of Gulf Breeze, 
Florida, applied for permit to perform maintenance dredging in the 
existing boat ramp channel and around the City of Gulf Breeze pier 
in English Navy Cove in Section 9, Township 3 South, Range 29 West, 
Santa Rosa County. The material removed will be used to refurbish 
the beach at Shoreline Park, a municipally owned recreation area. 

Staff requested waiver of biological study as provided under 

Section 253. 123 (3) (a) Florida Statutes, since the public need will be 

served. 

On motion by Mr. Adams, seconded by Mr. Christian and adopted 
unanimously, the Trustees approved issuance of the dredge permit. 



VOLUSIA COUNTY - Dredge Permit, Section 253.123 Florida Statutes. 
Mr. Ray Osborne on behalf of Emerald Isle, Inc., applied for permit 
to construct two 50-ft. by 5-ft. by 187-ft. channels connecting 
existing upland canals with the Halifax River in Section 13, 
Township 16 South, Range 33 East, Volusia County. The material 
removed would be placed on applicant's upland. 



4-15-69 



- 262 - 



Florida Board of Conservation biological report indicated that the 

two shallow and narrow channels would not adversely affect marine resources, 

On motion by Mr. Adams, seconded by Mr. Williams and adopted unanimously, 
the Trustees approved issuance of the dredge permit. 



DADE COUNTY - Dock Permit, Section 253,03 Florida Statutes. 
Commander of United States Air Force, Homestead Air Force Base, applied 
for permit to construct an off-base helicopter pad in Biscayne Bay in 
Section 6, Township 55 South, Range 42 East, Dade County. The helicopter 
pad would be of open trestle construction with concrete beams and decking. 

On motion by Mr. Adams, seconded by Mr. Conner and adopted unanimously, 
the Trustees approved issuance of the dock permit without charge. 



LEE COUNTY - Dock Permit, Section 253.03 Florida Statutes. 
Florida Board of Parks and Historic Memorials applied for permit to 
construct a boat ramp at the Koreshan State Park on the Estero River 
in Section 28, Township 46 South, Range 25 East, Lee County. Staff 
requested waiver of the $100 processing fee for this public facility, 

On motion by Mr. Adams, seconded and duly adopted, the Trustees 
approved issuance of the dock permit without charge. 



GADSDEN COUNTY - Easement , 

Florida Power Corporation of St. Petersburg, Florida, requested the 

use of a 0.0344 acre parcel in the NE^ of SE% of Section 33, Township 

4 North, Range 6 West, Gadsden County, for construction and operation 

of an electric substation to provide service to the Town of Chattahoochee, 

Florida. The parcel was within a 1.24 acre tract dedicated by the 

Trustees on June 28, 1968, in Dedication No. 24827 to the Town of 

Chattahoochee, which consented and would join in execution of the 

easement . 

On motion by Mr. Faircloth, seconded by Mr. Christian and adopted 
unanimously, the Trustees approved the easement. 



SANTA ROSA COUNTY - Easement. 

Escambia River Electric Cooperative, Inc., of Jay, Florida, requested 
an easment through Blackwater River State Forest property in Sections 
27 and 34, Township 6 North, Range 27 West, Santa Rosa County, for 
construction of an electrical distribution line. The Board of 
Forestry had reviewed and approved the request. 

On motion by Mr. Adams, seconded by Mr. Williams and adopted unanimously, 
the Trustees authorized issuance of the easement for electric power line. 



SUBJECTS UNDER CHAPTER 18296 

BREVARD COUNTY - Release Oil and Mineral Rights . 

Application was made by Wesley Bray on behalf of Dr. O. A. Holzer and 
Universal Marion Corporation that the Trustees release oil and mineral 
rights on approximately 41 acres, i.e., NE^ of NW^ of Section 23, 



4-15-69 

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Township 28 South, Range 37 East, Brevard County, which were reserved 
in Brevard County Murphy Act Deed No. 1095 dated June 14, 1946. 
Applicants had entered into a contract with Radiation, Inc., for sale 
of the property provided the reserved rights were released by the 
Trustees, Radiation, Inc., planned to build substantial factory 
buildings on the property. 

Staff requested waiver of Item 2 of Trustees' regulations adopted 
on October 23, 1951, minutes for which read in part, "The land for 
which reservation is to be released shall not exceed one acre and..." 
By coordination with the Division of Geology, Florida Board of 
Conservation, staff determined that the oil and mineral rights in 
this area were valued at approximately $40 per acre. Thus, a 
consideration of $20 per acre or fractional acre would adequately 
compensate the State of Florida for release of its half interest in 
this approximate 41 acres. 

Motion was made by Mr. Faircloth, seconded by Mr. Adams and adopted 
unanimously, that the oil and mineral rights be released upon payment 
of $20 per acre or fractional part thereof as recommended by the staff. 



MURPHY-ACT REPORT NO. 9 51 - Corrective Deeds. 
On motion by Mr. Conner, seconded by Mr. Adams and adopted 
unanimously, the Trustees approved issuance of the following 
corrective deeds at $25 each, which were listed on Murphy Act 
Report No. 9 51. 

1. County of Santa Rosa Deed No. 183-Correct ive to 
Delbert A. Watkins and Amy Watkins, his wife, to 
correct the description of the land conveyed in 
original Deed No. 183 dated July 21, 1943, to 
Peninsular-Lurton Co. , Inc. 

2. County of Santa Rosa Deed No. 365-Corrective to 
Delbert A. Watkins and Amy Watkins, his wife, to 
correct the description of the land conveyed in 
original Deed No. 365 dated May 9, 1946, to W. J. 
Rollo. 

The description in the original deeds failed to show plat book 
and page numbers. 



On motion duly adopted, the Trustee 



I DI^CTOR ^ 




* * * 



* * * 



* * * 



4-15-69 



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Tallahassee, Florida 
April 22, 1969 



The Trustees of the Internal Improvement Fund met on this date in 
the office of the Governor in the Capitol, with the following 
members present: 

Claude R. Kirk, Jr. Governor 

Tom Adams Secretary of State 

Fred 0. Dickinson, Jr. Comptroller 

Broward Williams Treasurer 

Floyd T. Christian Commissioner of Education 

Doyle Conner Commissioner of Agriculture 



Randolph Hodges Director 



On motion duly adopted, the Trustees approved minutes of the meeting 
of April 15, 1969. 



COLLIER COUNTY - Bulkhead Line, Section 253.122 Florida Statutes. 
The Board of County Commissioners of Collier County by resolution 
adopted on March 15, 1958, fixed and located a bulkhead line in 
Rookery Bay and Big Marco Pass in Sections 19, 20, 21, 28, 29, 30, 
31, 32 and 33, Township 51 South, Range 26 East, Collier County. 
There were no objections filed and all required exhibits were 
furnished. 

The biological survey report dated February 27, 1968, prepared by 
Florida Board of Conservation for Collier County indicated that this 
bulkhead line represented a compromise between maximum development 
and no disturbance of the subject area; and that while there would 
be adverse effects on marine life from dredging and filling as 
indicated by the bulkhead line, there had been a deliberate effort 
on the part of the applicants and Tri-County Engineering, Inc., to 
protect certain productive areas from dredging and filling. 

Secretary of State Tom Adams said that Mr. Norman Herron and Mr. 
George Huntoon were present, that the developers had worked out 
with the staff, with Collier County Conservancy, and the Board of 
Conservation, an arrangement to deed to the state and to the 
Conservancy areas within private ownership, and if all developers 
could work in this manner the Trustees would not have the problems 
they have. 

Mr. Herron gave the members copies of a study of the 15,000 acre 
Rookery Bay area prepared by the Conservation Foundation in 
Washington of submerged lands adjacent to the application site 
between Naples and Marco Island. He said it might act as guide 
line to many west coast problems dealing with submerged land. 
Members commended the extreme cooperation between developer and 
conservation and the effort to preserve natural resources of the 
Rookery Bay area by land planning. 

On motion by Mr. Adams, seconded by Mr. Williams and adopted unanimously, 
the Trustees approved the bulkhead line. 



4-22-69 

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CITRUS COUNTY - Bulkhead Line, Section 253.122 Florida Statutes. 
The Director said there were problems with respect to an illegal fill 
and road, and he asked that the Trustees remove from the agenda at 
this time the bulkhead line adopted by the Board of County Commissioners 
of Citrus County offshore in the Crystal River in Section 29, Town- 
ship 18 South, Range 17 East, Citrus County. 

It was so Ordered. 



ST. LUCIE COUNTY - File No. 2136-56-253.12, Application to Purchase, 
George W. Sommer on behalf of Holiday Out of America, Inc., made 
application to purchase a parcel of sovereignty land in the Indian 
River abutting Government Lots 3 and 5, Section 11, Township 39 
South, Range 41 East, 3.8 acres in St. Lucie County, at the 
appraised value of $600.00 per acre or $2,280.00 for the parcel. 

The biological study report was not adverse to the proposed plan 
to use the parcel in connection with a marina and mobile home 
development. The bulkhead line and development plan had been 
modified to conform with recommendations set forth in the Board of 
Conservation biological report of January 31, 1968. 

The county reconfirmed the bulkhead line and by resolution 
adopted August 6, 1968, requested the Trustees to give "special 
consideration" to the application to purchase. 

Motion was made by Mr. Adams, seconded by Mr. Dickinson and adopted 
unanimously, that the parcel be advertised for objections only. 



DADE COUNTY - File No. 2094-13-253.12, Application to Purchase. 
Stuart W. Patton on behalf of the Jockey Club, Inc. , made 
application to purchase a parcel of sovereignty land in Biscayne 
Bay abutting Lot 25, Block 1, Lots 22 through 24, Block 2, Water 
View Park Subdivision, Plat Book 9, Page 18, in Section 32, 
Township 52 South, Range 4 2 East, and those submerged lands lying 
between bayward projection of Waterview Walk to the bulkhead line, 
containing 1.69 acres, more or less, Dade County. 

On September 24, 1968, the Trustees directed that a new appraisal 
be secured and applicant indicated willingness to pay the appraised 
price. The current appraisal valued the land at $22,151.90 per 
acre, which the Director said represented such a great difference 
in price that another appraisal might be secured. 

The biological report dated June 4, 1968, stated that sale and 
subsequent development of this pocket would not significantly or 
adversely affect marine life. 

Dade County responded to the January 10, 1969, request for local 
governing bodies to review the location of their bulkhead lines, 
and by letter of February 10 indicated that the county had no 
objection to this sale. It was in an area where Interagency 
Advisory Committee recommended that the established bulkhead lines 
remain as located. 

Motion was made by Mr. Adams, seconded by Mr*. Dickinson and adopted 
unanimously, that the parcel be advertised for objections only. 



4-22-69 
266 - 



BREVARD COUNTY - File No. 2150-05-253.12, Application to Purchase 
W. Sperry Lee on behalf of Wedgewood Enterprises, Inc., applied to 
purchase a parcel of sovereignty land in Newfound Harbor abutting 
Government Lot 4, Township 24 South, Range 36 East, 9.31 acres in 
Brevard County appraised at $200.00 per acre. Applicant offered 
$1,500.00 per acre or total sale price of $13,965.00. 

The Florida Board of Conservation biologist made a report adverse to 
development and filling of this land, part of which would be used for 
road right of way purposes. Adjacent submerged properties had been 
filled or were in the process of being filled, between State Road 520 
and the subject parcel. The bulkhead line was located offshore to 
accommodate the proposed North-South relief road on Merritt Island. 

Motion was made by Mr. Adams, seconded by Mr. Dickinson and adopted 
unanimously, that the parcel of land be advertised for objections 
only. 



MONROE COUNTY - File No. 2182-44-253.12, Application to Purchase 
Bailey, Mooney, Post Associates, Inc., on behalf of Donald L. WoUard 
made application for a parcel of filled sovereignty land in Little 
Basin, Florida Bay, abutting fractional Section 32, Township 63 South, 
Range 37 East, Upper Matecumbe Key, Monroe County, containing 0.25 
acre. Purpose of the application was to clear title to filled land 
in connection with a dry boat storage facility. 

The staff updated value from $425.00 to $833.33 per acre based on 
an appraisal for another sale nearby, and included in the consideration 
a penalty of $311.00 for the deposit of an estimated 1,555 cubic yards 
of material (which had been trucked in) without first having acquired 
title to affected bottom lands and without having secured a permit. 
Total sale price for the parcel would be $519.33. 

Motion was made by Mr. Adams, seconded by Mr. Dickinson and adopted 
unanimously, that the parcel of filled land be advertised for 
objections only. 



ESCAMBIA COUNTY - Dredge Permit, Section 253.123 Florida Statutes. 
Richard V. Hale, Port Director, on behalf of Pensacola Port Authority, 
applied for permit to perform maintenance dredging in an existing 
slip in the City of Pensacola in Escambia County. Material removed 
would be deposited on upland property. 

Staff requested waiver of the biological study as provided under 
Section 253. 123 (3) (a) Florida Statutes, since the public need would 
be served. 

Motion was made by Mr. Dickinson, seconded by Mr. Conner and adopted 
unanimously, that the Trustees authorize issuance of the permit 
without requiring the biological study. 



ESCAMBIA COUNTY - Dredge Permit, Section 253.123 Florida Statutes 
Charles H. Carlan, City Engineer, on behalf of the City of Pensacola, 
applied for permit for maintenance dredainq in the Bayou Texar 
Channel and in the boat ramp and swimminc, areas in Bayou Texar. 
Material removed would be placed in designated spoil areas. 



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staff requested waiver of the biological study as provided in Section 
253. 123 (3) (a) Florida Statutes, since the public need would be 
served. 

On motion by Mr. Adams, duly adopted, the Trustees waived requirement 
of the biological study and approved issuance of the dredge permit 
to the City of Pensacola. 



OKALOOSA COUNTY - Dredge Permit, Section 253.123 Florida Statutes. 
Colonel Lawrence S. Glass, USAF, Commander of Headquarters 4420th 
Combat Support Group (TAC) , Hurlburt Field, Florida, applied for 
permit for maintenance dredging in the existing base marina canal 
in Section 13, Township 2 South, Range 25 West, Santa Rosa Sound, 
Okaloosa County. Material removed would be placed on upland. 

Staff requested waiver of the biological study as provided in 
Section 253. 123 (3) (a) Florida Statutes, since the public need would 
be served. 

On motion by Mr. Adams, seconded by Mr. Dickinson and adopted unanimously, 
the Trustees waived requirement of the biological study and approved is- 
suance of the dredge permit. 



ST. LUCIE COUNTY - Dredge Permit, Section 253.123 Florida Statutes. 
Southern Bell Telephone and Telegraph Company applied for a permit 
for the installation of a submarine cable across the Indian River 
at Fort Pierce in Sections 2 and 3, Township 35 South, Range 40 East, 
St. Lucie County. 

Staff requested waiver of the biological study as provided in 
Section 253. 123 (3) (a) Florida Statutes, since the public need 
would be served. 

On motion by Mr. Adams, seconded by Mr. Dickinson and adopted 
unanimously, the Trustees waived requirement for the study and 
approved issuance of dredge permit to the applicant. 



COLLIER COUNTY - Dock Permit, Section 253.03 Florida Statutes. 
Tri-County Engineering, Inc., on behalf of A. F. Quast Co. of 
Naples, Florida, applied for permit to construct two "T"-head 
docks in Big Marco Pass in Section 5, Township 52 South, Range 
26 East, Collier County, for which all required exhibits, including 
$100 processing fee, were submitted. 

Motion was made by Mr. Conner, seconded by Mr. Dickinson and 
adopted unanimously, that the Trustees authorize issuance of dock 
permit to the applicant. 



PALM BEACH COUNTY - Easement for Sewer Line • 

On motion by Mr. Dickinson, seconded by Mr. Adams and adopted 
unanimously, the Trustees granted a request from the City of Lake 
Worth for an easement 15 feet wide and 1500 feet long, more or less, 
for sewer line over reclaimed lake bottoms of Lake Clarke in 
Section 16, Township 44 South, Range 43 East, Palm Beach County. 



4-22-69 
- 268 - 



VOLUSIA COUNTY - Easement for Electric Distribution Line . 

On motion by Mr. Dickinson, seconded by Mr. Adams and adopted 

unanimously, the Trustees granted a request from Florida Power 

Corporation for an easement 8 feet wide and 230 feet long for a 

single pole electrical distribution line to serve the DeLand National 

Guard Armory. The Florida Military Department had reviewed and approved 

the request. 



GULF COUNTY - St. Joseph Peninsula Park. 

On April 15, 1969, the Board of Commissioners of State Institutions 
approved the Mental Retardation Committee's oeneral plan for the 
proposed Florida Sunland Recreational Park on St. Joseph Peninsula 
on a 98.05 acre tract in Gulf County owned by the Trustees and under 
the jurisdiction of the Florida Park Board. On August 10, 1968, the 
Park Board agreed to lease the tract to the Division of Mental 
Retardation for a recreation park for the retarded. 

The United States Army indicated willingness to clear and level part 

of the site and lay crushed shell for temporary roads, while conducting 

summer maneuvers in the area. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted unanimously, 
the Trustees authorized issuance of letter of authority to the United 
States Army for construction of roads, clearing and leveling of land, et 
cetera, in accordance with the plan of the Division of Mental Retardation, 
upon approval of said plan by appropriate State and Federal agencies. 



PINELLAS COUNTY - The Florida Board of Parks requested modification of the 
public purpose limitation contained in Trustees Deed No. 22263 dated 
September 28, 1969, to the City of Dunedin insofar as the limitation 
affects two parcels on the south side of Dunedin Causeway. The Park 
Board leased the two parcels from the City of Dunedin for use as an 
access to the State Park on Caladesi Island, and modification of the 
deed restriction was necessary to allow the land to be used for auto 
parking and a ferry boat dock facility. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted 
unanimously, the Trustees approved modification of the deed restric- 
tion as requested by the Park Board. 



SURPLUS FOREST SERVICE HOUSES - The Florida Forest Service recently 
declared 13 small frame houses surplus due to realignment of fire 
detection systems and availability of housing for their fire tower 
personnel elsewhere. The houses ranged in age from 20 to 30 years and 
from fair to very poor condition. All state agencies and counties 
had been advised of the availability of the houses. 

It was anticipated that several additonal houses would be determined 
to be surplus by the Forest Service in the near future, and all 
agencies and counties will be advised. 

Trustees' staff (1) requested authority to transfer title to those 

houses needed by other state agencies or counties 
for public purposes, and 
(2) recommended that the Florida Forest Service be 
authorized to proceed with disposition of the 
remainder and that the proceeds, less expenses 
incurred in disposal of said houses, accrue to 
the Trustees. 



4-22-69 

- 269 - 



On motion by Mr. Adams, seconded by Mr. Dickinson and adopted 
unanimously, the Trustees authorized transfer of title as requested 
in (1) above and accepted the recommendation in (2) as the action 
of the Board. 



TRUSTEES ' FUNDS - Request for Loan. Comptroller Fred O. Dickinson, Jr. 
made a motion, in order to facilitate the awarding of contract for 
construction of the Fourth District Court of Appeals building in 
West Palm Beach, Palm Beach County, Florida, within presently 
authorized legal time limits, that the Trustees of the Internal 
Improvement Fund authorize a loan of $200,000, the proceeds of 
such authorization to be released (1) provided there are sufficient 
funds in the lender's account to satisfy the loan, and (2) only 
when such funds are actually needed and certification for the need 
is made by Mr. Terry Lee, Coordinator for the Board of State 
Institutions, and Mr. Robert H. Brown, Jr., Architect-Engineer. 

Mr. Christian proposed an amendment to the motion, which Mr. 
Dickinson accepted, that adoption of the motion by the Trustees 
was with the understanding that Representative Donald H. Reed, Jr., 
and the delegation from Palm Beach County would introduce a bill 
in the Legislature to offset this obligation. 

The Secretary of State questioned commitment of an amount to exceed 
the $350,000 legislative limitation for the building as did Mr. 
Williams, who felt this was a method of bringing to the attention 
of the Legislature the need for additional funds. 

Mr. Wallace W. Henderson, Director of Planning and Budget Commission, 
said an appropriation was usually intended to accomplish a complete 
project, that it would be better to get authorization from the 
Legislature for a larger project, that the Trustees could make such 
loans and had done it in the past. Mr. Dickinson said the request 
was for a temporary loan if and when the Legislature made additional 
appropriation. 

The motion by Mr, Dickinson, amended by Mr. Christian, as set out 
above, was again moved by Mr. Williams and adopted unanimously. 



COASTAL PETROLEUM LITIGATION - Governor Kirk said that, in the 
light of the action of the U. S. Corps of Engineers reported by the 
press, he thought the Trustees should have outside counsel in the 
Lake Okeechobee case for their benefit and because of the complexity 
of the matter. 

Director Randolph Hodges said he had been advised by General Hayes, 
South Atlantic Division Engineer, that the Corps was not now 
issuing a permit, but that their procedure of taking action after 
issuance of state permit had been appealed to Washington which had 
directed the Corps office to go ahead and advertise for 30 days for 
public comment , since the lease from the state was an indication of 
state approval. 

Mr. Adams said the members were concerned at the serious 
implications of the case and the fiscal problem it might present, 
that the claim now was not just the right to mine bottoms of Lake 
Okeechobee but might well seek recovery of millions of dollars for 
material dredged from the lake to build dikes, and he would be 
happy to move that the Chairman be authorized to work with the 
staff to secure whatever additional assistance the Attorney 



4-22-69 
- 270 - 



General might need, at the Trustees' expense, as a precaution which 
responsible administrators of the state's interest should take. 

Mr. Dickinson mentioned a law on the statute books, introduced by Mr. 
Emmett Roberts and himself many years ago and passed as a local bill, 
which prohibited any mining from the bottoms of Lake Okeechobee. He 
agreed that the Governor and the Board should use any available means 
necessary to properly defend against the exploitation of minerals in 
the lake. 

Mr. Christian said the Attorney General was the legal officer of the 
Board and to take action in his absence might be premature. 

Motion was made by Mr. Adams, seconded by Mr. Dickinson and adopted 
unanimously, that the Trustees authorize the Chairman to work with the 
Attorney General to secure whatever additional expert assistance might 
be necessary in whatever field needed to assure proper adjudication of 
this matter, said assistance to be paid for from the Internal 
Improvement Fund. 



SUBJECTS UNDER CHAPTER 18296 

On motion by Mr. Dickinson, seconded by Mr. Adams and adopted 
unanimously, the Trustees approved the following regular sales under 
provisions of Chapter 18296, the Murphy Act, which were listed on 
Report No. 9 52: 



(1) A parcel of land described as Lot 5 of Maria Williams 
Subdivision of Lot 3 of a S/D of Lot 13 of Thomas Napier 
Grant in Township 10 South, Range 19 East, as recorded in 
PB "A", P 20, Public Records of Alachua County, sold to 
Robert G. Justiss and Elzie H. Justiss, his wife, at the 
high bid of $2,455.37; 

(2) A parcel of land described as Lot 5 Block 166 City of 
Fernandina Beach in Nassau County, sold to Paul C. Burns 
at the high bid of $100.00. 



On motion duly adopted, the meeting wa 



ATTEST 




4-22-69 



271 - 



Tallahassee, Florida 
April 29, 1969 



The Trustees of the Internal Improvement Fund met on this date in the 
office of the Governor in the Capitol, with the following members 
present : 

Claude R. Kirk, Jr. Governor 

Tom Adams Secretary of State 

Earl Faircloth Attorney General 

Fred O. Dickinson, Jr. Comptroller 

Broward Williams Treasurer 

Doyle Conner Commissioner of Agriculture 



Randolph Hodges Director 



On motion duly adopted, the Trustees approved the minutes of the 
meeting of April 22, 1969. 



MANATEE COUNTY - Bulkhead Line, Section 253.122 Florida Statutes. 
Presented to the Trustees with recommendation for approval, subject 
to agreements reached in various conferences held with Manatee 
County representatives, was a bulkhead line from the north right 
of way line of U. S. 19 at a point 2,200 feet west of south toll 
gate of Sunshine Skyway, northeasterly along the south shore of 
Bishop's Harbor to a point about 2,000 feet west of the northeast 
corner of Section 24, Township 33 South, Range 17 East, Manatee 
County. All required exhibits had been furnished. 

The file showed that seven objectors were present at the local 
hearing, two protesting that the proposed line was too close to 
shore and five that it was too far offshore. Numerous objections 
were filed in the Trustees' office and several letters favored 
locating the bulkhead line at the mean high water line. A large 
number of interested parties were present on this date including 
about twenty representing the county or in favor of the bulkhead 
line applied for by Manatee County. 

The biological report in summary indicated that establishment of the 
bulkhead line and subsequent development would destroy productive 
red mangrove and seagrass habitats. Destruction of those habitats 
would definitely have adverse effects upon marine animals of sport 
and commercial fishery importance. Current information indicated 
that Bishop's Harbor at the northern end of the subject area was 
being silted from the Port of Manatee project, and the area had 
also been polluted from waters discharged into Bishop's Harbor from 
the Borden Chemical Company plant. 

The county and applicant for the bulkhead line, as the result of 
several conferences with the Trustees' staff, agreed to 
relocate certain segments landward to the vegetation line, and 
to provide a channel between Bishop's Harbor and Terra Ceia Bay. 

Director Randolph Hodges said that from a conservation standpoint 
only, he could not recommend favorably; but in his position also 
as Director of the Trustees and weighing the conservation factors 
against the economic benefits he had agreed to recommend approval 



4-29-69 
- 272 - 



if the county met certain requirements. He said they had met them, 
had revised this bulkhead line shoreward over a period of several 
months, had agreed to go through the mechanics of reviewing bulkhead 
lines in the remainder of the county and pull them back to the shoreline 
if possible. Also, it had been agreed by the developer that if the 
amount to be received by the state for the state-owned land and fill 
material did not come up to $100,000, the developer would make up 
the difference and the state would receive $100,000 to go back into the 
area for rehabilitation of the fisheries after completion of the work. 

Comptroller Dickinson said he would move favorably on the application 
based on the Director's recommendation. There was no second to the 
motion. 

Governor Kirk, opposed to approval prior to action by the county 
to revise their bulkhead line in accordance with the Interagency 
Advisory Committee report, indicated that the members approved the 
planned development but in view of other instances where the local 
agencies failed to fulfill their commitments, he would withhold 
approval until the county board had acted on the remainder of the 
county bulkhead lines. He questioned whether there was danger of 
losing the development from a delay of possibly thirty days. 

Making the county presentation, Mr. Richard Hampton, County Attorney, 
said the County Commission by letter of March 11, 1969, agreed with 
the philosophy adopted by the Trustees concerning establishment of 
bulkhead lines, had committed the county to re-examine all existing 
bulkhead lines in Manatee County, had filed this bulkhead line 
request in June 1968 and urged that it be considered on its merits 
and not tied to the proposition that all other county lines be revised 
first - which he said would endanger a project of $1,200,000,000 which 
would be of tremendous benefit to the county and the state. He felt 
that the county could not re-examine all its lines in the thirty-day 
period suggested by the Governor, following the requirements of the 
law and of the Trustees, but that it would take at least six months, 
that the county did not have the funds for the necessary surveying, 
there were many property owners involved and probable litigation, 
new biological and ecological reports would be required for the 
fifty or more miles of county bulkhead lines. 

Others speaking in favor of the bulkhead line, including Messrs 
Robert Hutches, Lewis Thomas, Wayne Meade and Dewey Dye, Jr., urged 
approval on its merits to accommodate a development of great 
potential value without the condition of completed re-examination 
of all other county lines, especially in view of the difficulty of 
determining the mean high water line in some areas of Manatee County. 
The matter of reimbursement of property owners for land excluded by 
relocation of the bulkhead line was also brought up. 

Attorney General Faircloth agreed that the project would be of 
great value to the state but he said the change in the line would 
require 30-cay notice, that proposed legislative bills might amend 
the laws, that it was not known exactly how much state land was 
involved, and withholding approval of applications until county 
action as recommended in the Interagency report was an indication 
that the Trustees were beginning to adhere to the rule, doing what 
they had said they would do. 

Secretary of State Adams had gone over the plans in this Terra Ceia 
area and would like to assist in the proposed development, but in 
view of the responsibilities the law places in the Trustees, in 
viev/ of the Dade County application where there were good intentions 
but no adjustment of the bulkhead line as requested by the Trustees, 
in view of the fact that the Board lifted the moratorium under the 



4-29-69 

- 273 - 



hope that the local boards could be caused to conform to the Inter- 
agency report by the processing of applications, and in view of the 
excessive bulkhead lines in Manatee County, and now that new 
legislation had made changes in the membership of the Trustees and 
in submerged land management policies, he could not favor approval 
of this line piece-meal fashion. 

Mr. Broward Williams, State Treasurer, thought the Board was not 
opposed to the project, suggested a deferment for working out a 
schedule, and after further discussion he indicated that since other 
counties had not completed re-examination and revision of their 
bulkhead line possibly too much was being asked of Manatee County. 

The Director said he had been working with the county representatives 
for six weeks, that they had reached agreements with the staff, that 
no county had complied fully with the Interagency recommendations, 
and all applications had been considered by the staff in segments, 
which, if the Board did not approve, would not continue to be done. 

There having been no second to the first motion (made by Mr. 
Dickinson) , substitute motion was made by Mr. Adams that the Trustees 
approve the bulkhead line as recommended provided, however, that no 
action will be taken by the Trustees on sale, dredge and fill 
applications until a line for the remainder of the county in line 
with the Interagency report is recommended for action to the Trustees. 
Mr. Faircloth seconded the motion. 

Assistant Attorney General Herb Benn said there still must be a 

period of advertisement, which Mr. Hampton said was a misunderstanding, 

Mr. Doyle Conner, Commissioner of Agriculture, felt that this might 
place an undue penalty on the county, as other segments had been 
presented and approved. 

After further discussion and statement by Mr. Hampton that he thought 
it was physically and legally impossible to seriously review all 
Manatee County bulkhead lines within the period of time that was 
suggested, and Mr. Hutches' statement as Chairman of the Board of 
County Commissioners that the county had already and did reaffirm 
that it would review all lines as recommended in the Interagency 
report and requested by the Trustees, Mr. Adams proposed an 
amendment to his motion. 

The amended motion by Mr, Adams, seconded by Mr. Faircloth and 
adopted without objection, was that the Trustees adopt the 
bulkhead line as recommended on the agenda provided no action will 
be taken by the Trustees as to the sale of submerged land and 
dredge and fill permits until in the opinion of the Trustees 
satisfactory progress has been made on a bulkhead line for the 
remainder of the county in line with the Interagency report as 
adopted. 



BREVARD COUNTY - Bulkhead Line, Bennett Causeway 

Section 253.122 Florida Statutes 
On March 11, 1969, the Trustees approved the bulkhead line established 
for the Bennett Causeway by the Board of County Commissioners of 
Brevard County by resolution adopted February 6, 1969, with the 
exception of Segment No. 3. That segment as shown on the plat of 
the bulkhead line did not extend to the east shore of the Banana 
River as indicated by the description in the resolution. Discrepancy 
caused by a draftsman's error in preparing the plat had been corrected, 
and on this date the staff recommended approval of Segment No. 3. 



4-29-69 
- 274 - 



On motion by Mr. Adams, seconded by Mr. Faircloth and Mr. Dickinson, 
and duly adopted, the Trustees approved Segment No. 3 of the 
bulkhead line. 



CHARLOTTE COUNTY - File No. 2119-08-253.12, Application to Purchase. 
Mr. Leo Wotitzky on behalf of C . E. Kesselring made application to 
purchase a parcel of sovereignty land in Lemon Bay abutting Lots 1 
through 10 of Block 9, Chadwick Beach S/D, Plat Book 2, Page 17, 
public records of Charlotte County, Government Lot 3, Section 12, 
Tonwship 41 South, Range 19 East, Charlotte County, containing 0.23 
acre appraised at $4,500 per acre by staff determination, updating a 
$500 per acre sale in the area made during 1966. 

Applicant offered $1,035.00 for the parcel for use for commercial 
development of a marina-motel complex. The Board of Conservation 
biological report was not adverse to the project, and dredging areas 
were located to conform with recommendations of the biologist. The 
bulkhead line closely followed the mean high water line and submerged 
lands were applied for to smooth out the ragged shore line. 

On motion by Mr. Faircloth, seconded by Mr. Adams and adopted, the 
Trustees authorized advertisement for objections only. 



PUTNAM COUNTY - File No. 2185-54-253.03, Purchase Application. 
Carl C. Carnes, represented by James F. Long, applied for three 
parcels of sovereignty land lying above the ordinary high water line 
of Lake Swan, abutting Government Lot 2, Section 9, Township 9 South, 
Range 23 East, Putnam County. 

Staff recommended that the Trustees defer consideration until May 
13, 1969, for the purpose of reviewing certain objections that had 
arisen relative to the application. 

It was so ordered. 



DADE COUNTY - Dredge Permit, Section 253.123 Florida Statutes; 

Fill Permit, Section 253.124 Florida Statutes. 

File No. 22974 (614-13) - 253.124 
M. B. Garris, Jr., on behalf of E. N. Claughton, Jr., requested 
issuance of dredge permit for 510,000 cubic yards of fill material, 
and requested approval of filling authorized by the City of Miami 
Resolution No. 33333 adopted September 5, 1962, and reconfirmed by 
the City Commission's attorney on April 24, 1969. Applicant tendered 
his check in the amount of $51,000 in payment for the material. 

Board of Conservation biological report dated November 13, 1963, 
indicated no significant adverse effects from the development of 
areas landward of the bulkhead line. Interagency Advisory Committee 
recommended reconfirmation of bulkhead lines in this area, and the 
City of Miami had responded to the Trustees' staff letter of January 
10, 1968. 

Staff recommended approval with the stipulation that the Trustees 
were assuming no obligation to approve any further application in 
connection with this project. 

On motion by Mr. Faircloth, seconded by Mr. Adams and adopted without 
objection, the Trustees authorized issuance of dredge permit under 
Section 253.123 for the material requested for $51,000, and the 
Trustees approved the fill permit issued by the City of Miami under 

4-29-69 - "5 - 



Section 253.124 Florida Statutes, provided that the Trustees assumed 
no obligation to approve any further application in connection with 
this project. 



MANATEE COUNTY - Dredge Permit, Section 253.123 Florida Statutes 
Donald R. Lovejoy, County Engineer, on behalf of Manatee County, 
applied for permit authorizing maintenance dredging in an 
existing channel in McLewis Bayou and the Manatee River in Section 
28, Township 34 South, Range 17 East, Manatee County. The channel 
was part of the county drainage system. The 1500 to 2000 cubic yards 
of material removed would be deposited in an offshore area. 

Staff recommended approval provided the material removed was 
discharged through a downspout. Waiver of the biological study as 
provided in Section 253. 123 (3) (a) was requested, since the public 
needs will be served. 

Motion was made by Mr. Adams, seconded by Mr. Faircloth and adopted 
without objection, that dredge permit be approved with the provision 
that material be discharged through a downspout. 



SARASOTA COUNTY - Dredge Permit, Section 253.123 F.S. 
The Sarasota County Water and Navigation Control Authority issued 
the following permit, subject to approval of the Trustees: Minor 
Work Permit No. 68-43 to W. T. Montgomery for removal of 18" to 24" 
of silt from an existing channel in front of applicant's upland 
property in Section 18, Township 37 South, Range 18 East, Little 
Sarasota Bay in Sarasota County. The material would be deposited 
on applicant's upland. 

The biological report from the Florida Board of Conservation 
indicated no objection to removal of the silt from the shallow, 
unvegetated area to facilitate small boat navigation. 

Motion was made by Mr. Adams, seconded by Mr. Faircloth and adopted 
unanimously, that the dredge permit be approved. 



DADE COUNTY - Dock Permit, Section 253.03 F.S. 
On motion by Mr. Faircloth, seconded by Mr, Adams and adopted 
unanimously, the Trustees authorized issuance of a state commercial 
dock permit to Clarks Marine, Incorporated, for construction of a 
commercial dock at 2560 South Bayshore Drive, Biscayne Bay, Dade 
County, for which all required exhibits, including $100 processing 
fee, had been furnished. 



DUVAL COUNTY - Dock Permit, Section 253.03 F. S. 
On motion by Mr. Faircloth, seconded by Mr. Adams and adopted 
unanimously, the Trustees authorized issuance of a state commercial 
dock permit to J. Harold Trammell for construction of a dock on the 
west side of the Ortega River adjacent to Lots 11 and 12, Block 22, 
Ortega Farms, Plat Book 5, Page 79, Public Records of Duval County, 
Florida, for which all required exhibits, including $100 processing 
fee, had been furnished. 



4-29-69 
- 276 - 



ESCAMBIA COUNTY - Dock Permit, Section 253.03 F.S. 
On motion by Mr. Adams, seconded by Mr. Faircloth and adopted 
unanimously, the Trustees authorized issuance of a state commercial 
dock permit to Frank K. Hubbard, Rod and Reel Lodge Marina, Inc., 
for a marina dock in Grand Lagoon in Section 24, Township 3 South, 
Range 31 West, Escambia County, for which all required exhibits, 
including $100 processing fee, had been furnished. 



MONROE COUNTY - Disclaimer, Section 253.129 F. S. 

File No. 2195-44-253.129 
Fred A. Bee, on behalf of David W. Johnson, et ux, requested issuance 
of a disclaimer to a parcel of filled sovereignty land containing 1.3 
acres, more or less, in the Bay of Florida abutting a portion of 
Government Lot 1, Section 11, Township 66 South, Range 3 2 East, Monroe 
County. The land was filled during 1948, and staff requested authority 
to issue disclaimer pursuant to Section 253.129 Florida Statutes, upon 
receipt of the $100 processing fee. 

On motion by Mr. Adams, seconded by Mr. Faircloth and adopted 
unanimously, the Trustees authorized issuance of the instrument for 
$100 fee. 



SARASOTA COUNTY - Corrective Easements 

Richard E. Nelson, on behalf of the U. S. Corps of Engineers, 
Jacksonville District, in connection with the completed New Pass 
Dredging Project for which Sarasota County is local sponsor, requested 
corrective instruments to supersede the Channel Right of Way Easement No, 
23642-A and Permanent Spoil Disposal Easement No. 23643 issued March 
24, 1964. The Corps of Engineers had requested changes in the legal 
descriptions which were minor and technical in nature. 

On motion by Mr. Faircloth, seconded by Mr. Adams and adopted without 
objection, the Trustees authorized issuance of the two corrective 
instruments. 



BREVARD COUNTY - Corrective Deed, File No. 1547-05-253,12 
On behalf of N. A. Rossman, et ux, et al, application was made by 
Robert H. Roth for corrective deed renaming the grantees in Trustees' 
Deed No. 24467(1547-05) dated May 28, 1968. Ownership of the 
property in question changed between January 3, 1967, when purchase 
contract was executed, and date of issuance of the deed. 

On motion by Mr. Faircloth, seconded by Mr. Adams and adopted without 
objection, the Trustees authorized issuance of the corrective deed 
upon payment of the $25 processing fee. 



SHELL LEASE REPORT - On motion by Mr. Adams, adopted without objection 
the Trustees received for the record the following report of remit- 
tances received by the Florida Board of Conservation from holders of 
dead shell leases: 

LEASE NO. NAME OF COMPANY AMOUNT 

1718 Radcliff Materials, Inc. $5,875.41 

1788 Benton and Company 12,222.81 

2233 Bay Dredging and Construction 

Company 6,155.34 



4-29-69 



- 277 - 



PALM BEACH COUNTY - Agricultural Lease Assignment 

On motion by Mr. Adams, seconded by Mr. Faircloth and adopted without 
objection, the Trustees approved assignment of Agricultural Lease No. 
2341 dated August 1, 1968, from S. N. Knight & Sons, Inc., to the 
Federal Land Bank of Columbia. Assignment, requested for the purpose 
of securing a loan using the lease as collateral security, was 
approved by the Attorney General as to form and legality. 



DADE COUNTY - Lease Extension 

The Federal Aviation Administration, Southern Region, Atlanta, Georgia, 
requested renewal for an additional 10 years of Lease No. 1257 
expiring June 30, 1969, covering the SH of NW% and sh of SE^s of 
Section 28, Township 53 South, Range 40 East, containing 160 acres, 
more or less, in Dade County. The state land as well as some 320 
acres contiguous thereto which is owned by the United States, is 
being actively used by FAA in connection with its long range radio 
receiver station. 

On motion by Mr. Faircloth, seconded by Mr. Conner and adopted without 
objection, the Trustees authorized extension of the lease for an 
additional 10 years at the same rental, $160.00 per year. 



PALM BEACH COUNTY - Agricultural Lease 

W. P. M. , Incorporated, represented by Stone, Bittel, Langer, Blass 
& Corrigan, Attorneys at Law, made an offer for 20-year lease of the 
344.9 acres in Section 11, Township 47 South, Range 38 East, owned 
by the Trustees lying west of Levee L-6, for agricultural use. The 
state land, approximately 2h miles east of U. S. 27, was completely 
blocked in by private ownership without apparent access, and the 
applicant owned the land lying between the state tract and U. S. 27. 

W. P. M, , Inc., offered an annual rental of $4.00 per acre for the 
first 3 years and $8.00 per acre for the remainder of the 20 years. 
Applicant was agreeable to a lease on the following terms suggested 
by the staff: 

1. A term of 15 years with option for additional 5 years. 

2. Annual rental of $4.00 per acre for the first 2 years 
and $12.00 per acre for the 3rd through 15th years, 
payable in advance annually or semi-annually. 

3. Rental for the last 5 years would be based on an appraisal 
of the land and the permanent improvements thereon. 

4. Land will not be allowed to remain idle for the 
purposes of receiving agricultural subsidies. 

5. Land will not be used for sod growing. 

6. All taxes will be paid by lessee. 

The land had been inspected by the staff and soil information 
obtained from the Everglades Experiment Station. It was concluded 
that the best use of the land would be for cattle grazing and certain 
crops able to withstand the colder temperatures occurring in the south 
part of the county. 

On motion by Mr. Adams, seconded by Mr. Faircloth and adopted 
unanimously, the Trustees authorized issuance of lease with terms 
and conditions suggested by the staff, subject to approval of the 
lease form by the Attorney General. 



4-29-69 
- 278 - 



ALACHUA COUI'JTY - On March 12, 1968, the Trustees authorized 99-year 
ler^e of a 50-acre tract of University of Florida property to the 
University of Florida Foundation, Inc., a non-profit corporation, for 
an apartment project for low-income student families to replace 
deteriorated World War II frame barracks. 

Due to Federal Housing Administration requirements, it was necessary 
that lease be issued to University Village Apartments, Inc., a non- 
profit corporation, the operating lessee whose membership was limited 
to directors of the University of Florida Foundation, Inc. 

Honorable D. Burke Kibler, III, Chairman of the Board of Regents, 
recommended granting the lease, thereby filling a critical need for the 
project for married student housing. 

On motion by Mr. Adams, seconded by Mr, Faircloth and adopted 
unanimously, the Trustees granted approval subject to approval of the 
lease by the Attorney General. 



LEON COUNTY - On October 15, 1968, the Trustees authorized purchase 
of Lots 49 and 50, Capitol Place, West Blount Street, owned by Mrs. 
James Ezell, for the asking price of $13,000.00. After examination 
of the title the Attorney General advised that clear title could not 
be obtained on Lot 49 due to a permanent easement across the west 
8 feet of Lot 49 to adjoining Lot 48. 

Because of the delay involved in the unsuccessful efforts to eliminate 
the easement, Mrs. Ezell raised her selling price to $14,000.00. 
Appraisal dated April 16, 1969, by W. H. Cates reported a current 
market value of the two lots of $14,400.00. 

The Secretary of State and the Executive Director of the Capitol 
Center Planning Committee recommended expenditure of Trustees' funds 
in the amount of $14,000.00 for purchase of the two lots subject to 
the easement which would accrue to the state upon acquisition of 
Lot 48. 

On motion made by Mr. Williams, seconded by Mr. Adams and adopted 
unanimously, the Trustees authorized expenditure of $1'^^ 000. 00 from 
the Internal Improvement Fund for purchase of Lots 49 and 50 for the 
Capitol Center. 



SUBJECTS UNDER CHAPTER 18296 

On motion by Mr. Faircloth, seconded by Mr. Adams and adopted 
unanimously, the Trustees approved Murphy Act Report No. 953 and 
regular sale under provisions of Chapter 18296, Acts of 1937, of 
land described as Lot 10, Block 16, Goldenrod Heights, in Seminole 
County, to Mary Lou Birdsong at the high bid oi $80.00. 



REFUND - Murphy Act. On motion by Mr. Faircloth, seconded by Mr. 
Williams and adopted without objection, the Trustees authorized 
refund of $10.00 to Frank R. Rotolante, applicant for release of 
state road right of way reservation contained in Dade County Murphy 
Act Deed No. 954, for the reason that the State Road Department did 
not recommend release of the reservation. 



4-29-69 



- 279 - 



On motion duly adopted, the meeting wa 



ATTE 





Tallahassee, Florida 
May 6, 1969 



The Trustees of the Internal Improvement Fund met on this date in 
the office of the Governor, in the Capitol. The following members 
were present: 



Claude R. Kirk, Jr. 

Tom Adams 

Earl Faircloth 

Fred O. Dickinson, Jr. 

Broward Williams 

Doyle Conner 



Governor 

Secretary of State 

Attorney General 

Comptroller 

Treasurer 

Commissioner of Agriculture 



Randolph Hodges 



Director 



The minutes of the meeting of April 29, 1969, were approved. 



MANATEE COUNTY - Bulkhead Line. The Staff, on receipt of infor- 
mation from the Governor's office and copy of a memorandum from 
the Attorney General, had held in abeyance processing of the 
Manatee County bulkhead line considered by the Trustees on April 
29, 1969. 

Governor Kirk suggested that the Trustees rescind the action taken 
last week until a report was available on backers of the develop- 
ment, and possibly by that time Manatee County could have reviewed and 
amended their bulkhead lines in accordance with the Interagency 
report, and the exact amount of land involved would be known. 

Attorney General Faircloth made a motion that the action be rescinded, 
especially since the county had fixed the line only the day before 
which did not comply with the law requiring advertising for thirty 
days. He said there had been misunderstanding and what the Trustees 
did last week was more an expression of policy than approval of the 
line, which was different in some respects from the line the county 
had advertised and therefore was not legally and properly before 
the Trustees. 



- 280 - 



5-6-69 



Reviewing the action, Secretary of State Tom Adams said the purpose of 
the motion had been to approve the modified line as recommended by the 
staff but to try to generate some positive action by the local board 
on all county bulkhead lines before the Trustees would consider any 
sale, dredge or fill permits. There had been much work by the staff and 
consultation with the local representatives, also an amount of the 
proceeds from any future sale of land or fill material would go back 
into improvement of fisheries in the area, but the Trustees would 
expect that the sufficiency of the project would be proved before any 
further consideration. 

Mr. Conner said that last week he thought the revised segment was in 
keeping with requirements, and he had voted not on the project but on 
the merits of the line and the staff recommendation, to expedite the 
action of the County Commission. Other members indicated that they 
wanted to work with the county, to see projects get ahead. Mr. 
Dickinson said that if the bulkhead line was different from the one 
advertised, however, there should be a new advertisement. 

The Director explained that Manatee County had filed proof of the 
public hearing and contended that they had complied with the law, that 
at the hearing they left a small segment open on which agreement was 
reached last week - which in effect preserved the waterway. It had 
been a difficult situation, he said, and he thought that the assign- 
ment of legal counsel to work fulltime in the Trustees' office in the 
future would be very helpful. 

The motion by the Attorney General to rescind the Trustees' action of 
last week on the Manatee County bulkhead line was seconded by Mr. 
Williams and unanimously adopted. 



LEE COUNTY - Bulkhead line. Section 253.122 Florida Statutes. 
The Board of County Commissioners of Lee County by resolution adopted 
on May 22, 1968, located and fixed a bulkhead line in Pine Island 
Sound on Captiva Island in Sections 22 and 23, Township 45 South, 
Range 31 East, Lee County. All required exhibits were furnished. 
The several objections at the local hearing were due to conflicting 
information on the estimated mean high tide line. 

Lee County, in response to letter of September 17, 1968, from the 
staff, confirmed this and other bulkhead lines which, in their 
opinion, fall within the intent of the Interagency Advisory 
Committee^ recommendations. The bulkhead line followed closely the 
approximate line of mean high water. Although it included some 
grassy areas there was no objection in the Florida Board of Conservation 
report which stated that it was an excellent bulkhead line, demonstrating 
that with cooperation and understanding, the best interests of conser- 
vation and development might be served. 

Since the bulkhead line lay on the western edge of the proposed 
aquatic preserve for Pine Island Sound, it was recommended that fill 
material, if required, should be obtained from areas approved by the 
Florida Board of Conservation. 

Motion was made by Mr. Adams, seconded by Mr. Williams and adopted 
unanimously, that the Trustees approve the bulkhead line adopted by 
Lee County with the requirement that fill material be obtained from 
areas approved by the Board of Conservation. 



5-6-69 

- 281 



ST. LUCIE COUNTY - Bulkhead Line, Section 253,122 Florida Statutes 
The Board of County Conmissioners of St. Lucie County by resolution 
No. 69-17 adopted March 5, 1959, fixed a bulkhead line adjacent to 
property of Dewey Wilcox and B. G, Jones, III, in Section 16, Town- 
ship 34 South, Range 40 East, St. Lucie County, located in the 
Indian River. All required exhibits were furnished and there were 
no objections at the local hearing. 

The line which was located along the mean high water line was in 
agreement with recommendations of the Interagency Committee. 
Biological report from Florida Board of Conservation indicated that 
the proposed bulkhead line approximated the line of mean high water 
for the easternmost perimeter of the subject area, did not encompass 
valuable vegetated bottoms, and except for the probable destruction 
of interior patches of red mangrove it should not portend adverse 
effects on marine life. 

Motion was made by Mr. Adams, seconded by Mr. Williams and adopted 
unanimously, that the Trustees approve the bulkhead line adopted by 
St. Lucie County on March 6, 1969. 



LEE COUNTY - File No. 2166-36-253.12. Application was made by Duane 
Hall on behalf of Vaughn L. Hefner to purchase a 0.10 acre parcel of 
sovereignty land in Matlacha Pass abutting fractional Section 24, 
Township 44 South, Range 22 East, Porpoise Island, landward of the 
established bulkhead line in Lee County, for the purpose of 
preserving a row of coconut trees threatened by erosion. Applicant 
offered §100.00 for the parcel. 

Florida Board of Conservation biological report was not adverse to 
sale or proposed construction of a physical bulkhead to preserve 
planted coconut trees. 

On motion by Mr. Adams, seconded by Mr. Williams and adopted 
unanimously, the Trustees authorized advertisement of the parcel for 
objections only. 



OKALOOSA COUNTY - Artificial Reef Permit. The Greater Fort Walton 
Beach Chamber of Commerce applied for a permit for the construction 
of four artificial reefs in Choctawhatchee Bay at the following sites: 

1. Near Destin at 30°24'31" N Latitude, 86°30'44" W Longitude 

2. Near Eglin AFB Main Base at 30° 27 '07" N Latitude, 86°30'00" 
W Longitude 

3. Near Piney Point and Indian Bayou at 30° 25' 07" N Latitude, 
86° 26 '30" W Longitude 

4. Near White Point and the mouth of Pippin Lake at 30° 26 '52" 
N Latitude and 86° 24 '40" W Longitude 

with a minimum clearance varying from 11 to 18 feet mean low water, 
and marked with buoys. 

The report from Florida Board of Conservation indicated that the reefs 
should be an attraction for fish and other marine life. 

On motion by Mr. Williams, seconded by Mr. Adams and adopted unanimously, 
the Trustees authorized issuance of permit for $50 charge. 



5-6-69 
- 282 - 



COLLIER COUNTY - Dredge Permit, Section 253.123, File No. 256 
Arthur R. Finney, Jr. , of Marco Island Development Corporation, applied 
for permit to install a 16-inch water main across the Marco River 
easterly of the bridge on State Road 951-B in Section 4, Township 52 
South, Ranee 26 East, Collier County. 

The report from the Florida Board of Conservation indicated that the 
utility crossing project would not materially or adversely affect 
marine resources of the area. 

On motion by Mr. Williams, seconded by Mr. Adams and adopted unanimously, 
the Trustees authorized issuance of the permit. 



DADE COUNTY - Dredge and Fill Permit, Section 253.123 F. S.; 

and Dock Permit, Section 253.03 F. S. 
F. D. R. Park of the Public Works Department, Metropolitan Dade 
County, applied for a permit for construction of a pier and removal 
of 35,000 cubic yards of material from an existing boat basin in 
Matheson Hammock Marina in Section 5, Township 55 South, Range 41 
East, Dade County. Material removed would be placed on applicant's 
upland. All exhibits were furnished, including $100.00 processing fee 
for the dock. 

Staff recommended approval and waiver of requirement of a biological 
study as provided under Section 253.123 Florida Statutes, since the 
public need would be served. 

On motion by Mr. Adams, seconded by Mr. Williams and adopted unanimously, 
the Trustees authorized issuance of the dock permit for $100 charge, 
and the dredge and fill permit. 



MARTIN COUNTY - Dredge Navigation Channel, Section 253.123, F. S. 
Application was made by William R. Dean, Trustee, for permit to 
construct a navigation channel 75 feet wide, 5 feet deep and 500 
feet long. Applicant tendered check for $59 as payment for the 590 
cubic yards of material from the overcut. 

Biological report from Florida Board of Conservation indicated that 
the channel dimensions originally proposed (100x6x600) would have 
adverse effects on marine life, and a subsequent report indicated that 
reducing the channel width from 100 to 75 feet would reduce the damage 
to productive bottoms. 

The Board of County Commissioners of Martin County on April 15, 1969, 
took formal action to approve the 75-ft. wide by 5- ft. deep access 
channel to serve as the northernmost boat access channel from the 
west shore of Hutchinson Island to the Indian River channel. 

Motion was made by Mr, Conner, seconded by Mr. Adams and adopted 
unanimously, that the Trustees authorize issuance of the dredging 
permit. 



PINELLAS COUNTY - Dredge Permit, Section 253.123 F. S. 
The Town of Belleair Beach applied for a dredge permit for the 
installation of a 3-inch sanitary sewer line across the 22nd Street 
Waterway and Harrison Avenue Waterway in Belleair Beach, in Township 
29 South, Range 15 East, Pinellas County. 



5-6-69 

- 283 - 



staff recommended approval and waiver of the requirement for 
biological survey as provided by Section 253. 123 (3) (a) Florida 
Statutes, since the public need would be served. 

On motion by Mr. Dickinson, seconded by Mr. Conner and adopted 
unanimously, the Trustees approved issuance of the permit as requested. 



BREVARD COUNTY - File No. 2196-05-253.03, Dedication and Fill Permit. 
The City of Titusville by Resolution No. 38-1967 adopted August 22, 
1967, requested dedication of a 0.78 acre parcel of sovereignty land 
in the Indian River abutting fractional Section 22, Township 22 South, 
Range 35 East, for bayward extension of Olmstead Drive 60 feet wide by 
approximately 560 feet long, from mean high water line to the estab- 
lished bulkhead line in Titusville, Brevard County. 

In meeting on April 22, 1969, the City Council of Titusville issued 
a fill permit to the Director of Public Works of the city to fill 
the extension of the street. Fill material would be hauled to the 
site. Biological report of October 4, 1967, was adverse to dredging 
fill material. 

On motion by Mr. Adams, seconded by Mr. Williams and adopted unanimously, 
the Trustees dedicated the 0.78 acre parcel to the City of Titusville 
and approved the fill permit. 



DADE COUNTY - Easement Nos. 24935 and 24936. 

On March 25, 1969, pursuant to request of the District Engineer, 
Jacksonville District, U. S. Corps of Engineers, dated March 3, 1969, 
the Trustees granted channel right of way and 7 spoil areas within 
the proposed Biscayne National Monument in Dade County, The 
instruments had been executed by the Trustees. 

By telegram dated April 28, 1969, the District Engineer withdrew his 
request for the easements. Staff recommended that the Trustees 
rescind their approval and authorize the executed instruments voided. 

Motion was made by Mr. Williams, seconded by Mr. Adams and adopted 
unanimously, that the action of March 25, 1969, with respect to channel 
right of way and easements be rescinded, and the staff was authorized 
to void the executed instruments. 



DADE COUNTY - Temporary Easement No. 2334. The Board of County 
Commissioners of Dade County by Resolution No. R-484-69 adopted 
on April 14, 1969, requested extension of the time limit of 
Temporary Easement No. 2334 (expiring July 1, 1970) for borrow area 
and pipeline access in connection with the Beach Erosion Control 
Project at Virginia Key and Key Biscayne. Extension requested would 
correspond with the duration of federal participation. 

Motion was made by Mr. Williams, seconded by Mr. Conner and adopted 
unanimously, that the Trustees authorize extension of the easement 
to July 1, 1978. 



NASSAU COUNTY - Permanent Spoil Easement, File 2198-45-253.03. 
Ocean Highway and Port Authority, in care of Herbert M. Fishier, 
attorney, made application for a 46-acre spoil area site lying 
easterly of the north end of Amelia Island in the Atlantic Ocean 



5-6-69 
- 284 - 



for the navigation project for Fernandina Harbor. The Authority by 
Resolution No. 67-1 adopted on December 29, 1967, assumed responsibility 
for acquiring easements required by the United States. 

Board of Conservation biologist reported that no significant adverse 
effects would occur from spoiling in the proposed site. 

Motion was made by Mr. Adams, seconded by Mr. Williams and adopted 
unanimously, that the requested easement be issued. 



PASCO COUNTY - Channel Right of Way and Spoil Easements, 

Pithlachascotee River Project 

File No. 2197-51-253.03 
The Cities of Port Richey and New Port Richey, together with Pasco 
County, are local sponsors for the Pithlachascotee River Channel 
Project. Charles G. Edwards, City Attorney of Port Richey, submitted 
request for channel rights of way, five perpetual spoil easements, 
and one temporary spoil easement which were required by May 13, 1969, 
or the opening bid date would be cancelled. 

The biological report dated October 8, 1968, indicated that channel 
alignment and spoil sites were designated by a coordinated team of 
biologists, U. S. Corps of Engineers representatives, and local 
interests. Damage to marine biological resources would be minimal. 

Motion was made by Mr. Conner, seconded by Mr. Adams and adopted 
unanimously, that the application for channel rights of way and spoil 
area easements be granted. 



BAY COUNTY - Mariculture Lease. On April 22, 1968, the Board 
authorized a lease to Akima International, Inc., for shrimp 
cultivation of 8 acres in Little Goose Bayou. On August 13, 1968, 
the Trustees authorized the lease to include an additional contiguous 
20 acres. Receipt of legal description and on-the-ground survey 
of the leased area indicated that the acreage involved was actually 
48.7 acres, and authority was requested to amend the lease. 

Motion was made by Mr. Williams, seconded by Mr. Adams and adopted 
unanimously, that the lease be amended to cover the additional 20.7 
acres. 



SANTA ROSA COUNTY - Oil and Gas Lease. Young, Anderson and Beall, 
holders of Oil and Gas Drilling Lease No. 2338 dated July 9, 1968, 
covering 47,932 acres of submerged land in East Bay, Blackwater Bay 
and Escambia Bay, advised the Trustees' office of their intention to 
commence drilling a test well as required by the lease terms within 
the first year of the lease. The lease required that a well be drilled 
to a depth of not less than 6,000 feet or 200 feet below the top 
of the Lower Tuscaloosa formation, which ever is the deeper. 

The lessees proposed to drill the well on a location in Section 14, 
Township 1 South, Range 28 West, Santa Rosa County, and had filed 
an assignment of overriding royalty of 1/8 as required by the lease 
in a pooling situation to compensate the Trustees insofar as royalty 
is concerned as though the entire forty-acre tract was within the 
boundaries of the submerged land in the lease. Sections 6 and 7, 
Township 2 South, Range 27 West, were assigned to the well location 
as required by the lease. 



5-6-69 

- 285 - 



On motion by Mr. Dickinson, seconded by Mr. Williams and adopted 
without objection, the Trustees approved the report and test well 
drilling. 



MARTIN COUNTY - Land Exchange. On January 28, 1969, the Trustees 
authorized exchange of 360 acres of Jonathan Dickinson State Park 
property for 857.5 acres of land held by the estate of the late Vince 
"Trapper" Nelson. A questionable provision in the Nelson will 
reserving to the heirs one-half of the oil and mineral rights in the 
Nelson property created a problem, although all known heirs had 
quitclaimed any interest they might have in the oil and mineral rights. 

Mr. Dickinson commented on the beauty of the area and the importance 
of getting any possibility of clouding the title cleared up in favor 
of the State of Florida. 

In order that the exchange transaction would not be jeopardized 
because of a legal technicality, the Trustees approved the following 
recommendations, subject to a final determination of legality being 
made by the Attorney General: 

(a) The State of Florida will provide an appraisal by a 
qualified independent appraiser of the value of the 
mineral rights to be withheld by the Nelson Estate; 

(b) The Nelson Estate will agree to place in escrow with 
the Trustees of the Internal Improvement Fund an 
amount of money equal to the appraised value of the 
outstanding mineral rights; 

(c) The Nelson Estate will agree to pursue through all 
available legal means a course of action leading to 
the invalidation of the questionable reservation of 
mineral rights; 

(d) Assuming success in (c) above, the Nelson Estate will 
convey to the State of Florida the remaining one-half 
interest in the oil and mineral rights without further 
cost, and the Trustees will return the escrow deposit 
to the Estate. 



LEE COUNTY - J. N. "Ding" Darling National Wildlife Refuge. 
Deferred on April 8, 1969, pending receipt of an expression from 
Lee County, and presented for consideration on this date was a 
request of February 24, 1969, from the Bureau of Sport Fisheries 
and Wildlife, United States Fish and Wildlife Service, Department 
of the Interior, for approval by the Trustees of the federal plan 
to expand the J. N. "Ding" Darling National Wildlife Refuge on 
Sanibel Island, Lee County by approximately 1,200 acres. It was 
tentatLvehy planned to utilize "Duck Stamp" funds in connection with 
the acquisitions pursuant to authority of the Migratory Bird 
Conservation Act. 

By resolution adopted on April 2, 1969, the Lee County Board of 
County Commissioners approved the Bureau's plan to acquire 
additional lands for inclusion in the Refuge. 

Motion was made by Mr. V7illiams, seconded by Mr. Adams and adopted 
unanimously, that the Trustees adopt the following resolution: 



5-6-69 
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RESOLUTION 

WHEREAS, the Governor and the Cabinet of the State of Florida, as 
and constituting the Trustees of the Internal Improvement Fund, 
fully share the desire of their conservation-minded fellow citizens 
to preserve the unique and invaluable flora and feuna of the State; 
and 

WHEREAS, after many months of study and effort by citizens from 
all walks of life, there has been established the J. N. "Ding" 
Darling National Wildlife Refuge on Sanibel Island, in Lee County, 
Florida; and 

WHEREAS, to implement acquisition of such additional lands and to 
conform with the requirements of the Migratory Bird Conservation 
Act, approval of the Trustees is necessary; Therefore be it 

RESOLVED by the Governor and Cabinet of the State of Florida, 

1. That the Trustees of the Internal Improvement Fund of 
the State of Florida support the concept of adequately 
protecting established wildlife refuges from harmful 
encroachment ; 

2. That specifically, the Trustees of the Internal 
Improvement Fund of the State of Florida desire to 
protect the J. N. "Ding" Darling National Wildlife 
Refuge from harmful encroachment; 

3. That the Trustees of the Internal Improvement Fund of 
the State of Florida direct their staff to cooperate 
in any proper manner in assisting the Bureau of Sport 
Fisheries and Wildlife in carrying out the Concept Plan; 

4. That the Trustees of the Internal Improvement Fund of 
the State of Florida condition this action upon the 
provision that private interests affected by the 
acquisition and Concept Plan receive proper compensation 
for their properties. 

IN WITNESS tVHEREOF, we place our hands and seals this 6th day of 
May, A.D. 1969. 

CLAUDE R. KIRK (SEAL) 

Governor 

TOM ADAMS (SEAL) 

Secretary of State 

EARL FAIRCLOTH (SEAL) 

Attorney General 

FRED 0. DICKINSON, JR. (SEAL) 

Comptroller 

BROWARD WILLIAMS (SEAL) 

Treasurer 

FLOYD T. CHRISTIAN (SEAL) 

Commissioner of Education 

DOYLE CONNER (SEAL) 

Commissioner of Agriculture 



TRUSTEES' FUNDS - Mr, Robert C. Parker, former director of the 
Trustees of the Internal Improvement Fund, during the period 
November 1, 1964, to December 31, 1967, accrued 155 hours annual 
leave under the authority of annual leave regulations approved by 



5-6-69 



- 287 - 



the Trustees of the Internal Improvement Fund for Trustees' employees, 
Mr. Parker had requested payment for the accrued leave amounting to 
$1,315.95. Coordination with the director of the Fiscal and Audit 
Section, office of the Comptroller of the State of Florida, indicated 
that Mr. Parker was entitled to the payment provided it was approved 
by the Trustees. 

Motion was made by Mr. Williams, seconded by Mr. Adams and adopted 
unanimously, that the Trustees approve payment and authorize issuance 
of warrant in favor of Mr. Parker for the said accrued leave. 



TRUSTEES ' FUIJDS - Capitol Center Property Acquisition, Leon County. 
Mrs. Adelaide McPeak of Tallahassee, Florida, offered to convey Lot 
55, Capital Place, DB Q, page 586/87, for a consideration of 
$12,900.00. Said property consisted of 43 feet facing on Blount 
Street and extending back a distance of 120 feet. 

Appraisal made by Harry C. Kirby, Appraiser, Tallahassee, Florida, 
dated February 19, 1969, appraised the lot and house thereon at 
$16,200.00. The Executive Director of the Capitol Center Planning 
Committee recommended that Trustees' funds in the amount of $12,900.00 
be expended to purchase Lot 55. 

On motion by Mr. Williams, seconded by Mr. Adams and adopted unani- 
mously, the Trustees authorized expenditure of funds in the amount 
of $12,900.00 to purchase the property for Capitol Center purposes. 



Commissioner of Agriculture Doyle Conner said that legislation was 
being introduced, proposed and discussed and he asked if the Director 
was keeping up with any legislation affecting the Trustees. He 
said it was a priority matter. 

The Director said he was, to the best of his ability, with the 
many responsibilities and the limited staff he had. 



SUBJECTS UNDER CHAPTER 18296 

JEFFERSON COUNTY - Murphy Act Land. Application was submitted by 
the Clerk of the Circuit Court of Jefferson County in accordance 
with the Guide of Procedure for sale of land under Chapter 28317, 
Acts of 1953, from Angus Laird on behalf of himself, Robert G. Carter 
and Edward Dean Wyke, for conveyance under the provisions of Section 
192.381 Florida Statutes, commonly known as the "Hardship Act", 
of the SW^ of SE% of Section 24, Township 1 North, Range 3 East, 
Jefferson County, which was certified under tax sale certificate 
No. 27 of July 7, 1930. 

Staff recommended conveyance without advertisement and public sale 
pursuant to the provisions of the statutes for the amount offered, 
i.e. $400.00. 

On motion by Mr. Williams, seconded by Mr. Adams and adopted without 
objection, the Trustees authorized conveyance of the land to the 
applicants for the amount offered, under the provisions of Section 
192.381. 



5-6-69 
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BREVARD COUNTY - Title Security Company of Vero Beach, Florida, on 
behalf of Shell Oil Company, a Delaware Corporation, requested 
that the Trustees waive the usual regulations as to size limitation 
for the release of the oil and mineral rights reserved in Brevard 
County Murphy Act Deed No. 1398 dated August 30, 1948, for approxi- 
mately 12 acres of land described as Part of Government Lot 1, 
Section 36, Township 24 South, Range 36 East, for the land to be 
used as a site for construction of a shopping center. 

Staff requested waiver of Item 3 of Trustees' regulations pertain- 
ing to Release of Oil and Mineral Reservations in Murphy Act Land 
with respect to size of lot. Also, staff requested approval of 
release of oil and mineral reservations for a consideration of 
$240.00. $20.00 per acre or fractional part thereof was determined 
to be the value of the Trustees' interest in the oil and mineral 
reservations in that general area. 

On motion by Mr. Williams, seconded by Mr. Adams and adopted 
unanimously, the Trustees waived the regulation and approved 
release of the reservations for $240.00. 



On motion duly adopted, the meeting was 



ATTEST 




Tallahassee, Florida 
May 13, 1969 



The Trustees of the Internal Improvement Fund met on this date in 
the office of the Governor, in the Capitol. The following members 
were present: 



Claude R. Kirk, Jr. 

Tom Adams 

Earl Faircloth 

Fred O. Dickinson, Jr, 

Broward Williams 

Floyd T. Christian 

Doyle Conner 



Governor 

Secretary of State (Part Time) 

Attorney General 

Comptroller 

Treasurer 

Commissioner of Education 

Commissioner of Agriculture 



Randolph Hodges 



Director 



5-13-69 



- 289 - 



The minutes of the meeting of May 6, 1969, were approved. 



PUTNAM COUNTY - File No. 2185-54-253.03. For the purpose of clearing 
title to sovereignty lake bottom lands in Lake Swan, Carl C. Carnes 
applied to purchase 3 parcels of sovereignty land lying above the 
ordinary high water line of the lake, containing 3.86 acres abutting 
Government Lot 2, Section 9, Township 9 South, Range 23 East, Putnam 
County. The applicant had illegally filled the subject lands and 
offered to pay the value as determined by the staff to be $300.00 
per acre. Also, as part of the consideration, applicant would 
execute a disclaimer to certain other lands to which he could be 
construed as a riparian upland owner. 

The application was placed on the agenda for consideration of adver- 
tisement for objections only. Mr. Williams had requested its removal 
from the agenda for study and preparation by the staff of recommend- 
ations for a policy for this case and probably many others involving 
unauthorized filling in state-owned lakes. 

Mr. Christian felt that there should be no advertisement or sale, 
that this was an overfill and should be confiscated and used for 
public purposes. Mr. Faircloth said he agreed and the Board's 
decision in this case was meaningful. 

Present on this date was a number of objectors to the applicant's 
filling operations and application to purchase, including David 
M. Anderson, an attorney representing some 175 property owners, he 
said, who had petitioned the Cabinet to deny the application; Senator 
Ralph Turlington, Representative William C. Andrews, Senator Robert 
Saunders, Lyman E. Rogers of the Governor's Natural Resources Council, 
and others. The Trustees were asked to make a full study of the Swan 
Lake situation - the Carnes fill as well as other apparent unauthorized 
fills - and making an example that would be a precedent, take action 
that would protect property owners and the State of Florida with 
respect not only to Lake Swan but hundreds of lakes which are affected 
by development projects. Mr. Rogers also reported pollution of Lake 
Swan from a number of septic tanks. 

Director Hodges explained that the 1949 high water mark has been 
determined, since that was the year that the lake was artificially 
lowered. He pointed out on a map several other lots with houses 
on them, filled by someone else. The staff was checking the matter. 
Mr. Conner said if it was lakeward allegedly on state land, the 
Trustees' problem would include treating every one alike. 

Mr. Carl C. Carnes, the applicant, said he had been in business in 

Jacksonville 34 years, in 1965 looked over a canal project in 

process for 3 or 4 years and decided to buy the property and finish 

the job, his title was approved by an attorney, and he had worked 

about 2 years digging the canal from a basin out to Swan Lake, when 

he was stopped by an inspector of the Florida Game and Fresh Water 

Fish Commission and told he was filling state-owned property (with 

material deposited from the canal digging operation) . He checked 

with the Trustees' office which made an inspection and issued a 

permit. After further work on the canal he was told in August 1968 

to stop, and he said he had apparently pumped dirt on land that 

belonged to the state and tried to work out an application to buy 

the part he had illegally filled - which he said was not lakefront 

land but was between the canal and the houses out beyond the meander 

line that would have the same problem that he now had. Mr. Carnes 

said he made no fill in the lake but on an area that was above water, 

and the main object was to get rid of the dirt that came out of the canal. 



5-13-69 
- 290 - 



Mr. Christian recalled a precedent of an overfill at Treasure Island, 
confiscation by the state, other illegal fills that had been removed 
or advertised for sale. He did not think the Trustees should permit 
sale until it was thoroughly investigated, that the Board felt that 
no overfill should be sold, Mr. Adams said there was no authority 
to sell lake bottoms. 

Mr. Adams said the Board had taken an increasingly firm attitude on 
fills and trepass, and must be diligent when the rights of the 
sovereign state were infringed upon. It appeared that a great deal 
of study was required as to a number of lakes where trespass had occurred, 
that where lakes were lowered the upland owners extended to the newly 
established high water line which the state had allowed in some cases. 
Mr. Adams said there was a matter of equity. Governor Kirk said there 
were courts to resolve matters of equity. 

Mr. Hodges said that Assistant Attorney General Slepin had worked 
closely with the staff, and he had intended to ask the Cabinet Sub- 
committee of which the Attorney General was Chairman to consider the 
widespread problem involving lakes. 

Motion was made by Mr. Christian, seconded by Mr. Adams and adopted 
without objection, that the application be denied and the staff and 
the Attorney General make a full investigation and a report and policy 
recommendation to the Board in two weeks on the Carnes matter and 
all of Swan Lake. 



DADE COUNTY - Biscayne National Monument 

The Trustees considered a proposed resolution that reconfirmed and 

expressed continued support for establishment of the Biscayne National 

Monument. 

Also considered was ENG Form 42 "Offer to Sell Real Property" submitted 
by the District Engineer, Jacksonville District, U. S. Corps of 
Engineers, for the purpose of complying with Public Law 90-606 wherein 
it provides that the" ... Secretary shall not declare the Biscayne 
National Monument established until the State has transferred or agreed 
to transfer to the United States its right; title and interest in and 
to its lands within the boundaries of said national monument." Upon 
execution of said form the way would be cleared for the United States 
to proceed with land acquisition within the Monument, 

The Director said there was a legal problem since under Chapter 253 
submerged lands were required to be sold to the upland owner, and the 
statutory reservation of oil and mineral could be taken care of by a 
condemnation procedure in which the State would stipulate the value of 
$1.00. 

The Trustees reviewed previous endorsement of the Biscayne National 
Monument and their resolution of July 9, 1963, with much discussion 
being given to the provision in said resolution that state lands would 
be donated only after appropriation of federal funds for acquisition 
of privately-owned lands in the Monument area, providing a one-year 
limit for the commitment of the Trustees. Mr. Adams said the resolution 
called for just compensation to the owners, and he noted that straight 
condemnation proceedings were proposed rather than the regular condemnation 
method. Mr. Williams said the people should be protected by a reasonable 
time limit for the acquisitions. 

Mr. Roy Markon, Chief of the Acquisition Division in the Office of the 
Chief of Engineers in Washington, D. C. explained the position of the 
Federal Government, how they proposed to acquire the land from private 



5-13-69 

- 291 - 



owners, and said it would be about a five-year program depending on 
how rapidly Congress makes money available. He felt that most 
properties might be obtained through negotiation with the owners and 
only about fifteen per cent by the condemnation method, judging by the 
previous experience of the Corps cf Engineers acting as acquisition 
agent for the National Park Service of the Department of the Interior. 

With Mr. Markon were Mr. George Fryer, Chief of the Real Estate 
Division of the Jacksonville District and Mr. Jack Rafferty, 
Superintendent of the Everglades National Park. The latter said 
orderly development of Biscayne National Monument would proceed as 
acquisition goes forward. 

Mr. Christian asked how much of the authorized 24 million dollars had 
been appropriated, and Mr. Markon explained there had been no 
appropriation bi± an authorization had been passed by the Congress, the 
Advance Contract Authority, and contracts with the land owners became 
legal claims against the United States, a definite commitment on the 
part of Congress. Mr. Williams said it should be expedited, that the 
people should not have to wait five years. There was considerable further 
discussion of the action by Congress, the 2h million dollars v;hich 
might be released soon, and Mr. Markon said a project of this size 
took time for appraising the land, negotiating vi;ith owners, et cetera. 

Governor Kirk pointed out there had been endorsement of the Monument 
by the Dade County Commission, Metro-Dade Commission, the United 
States Congress, and the Cabinet was on record several times in 
approval of the Monument. He noted that 2h million dollars was now 
available as a direct claim to pay for acquired lands. 

Mr. Adams said the federal appropriation process was different from 
that of the state but he thought that part of the Trustees' resolution 
of June 9, 1968 had been met. As to the matter of just compensation 
for the land owners, there was to be a year's time to accomplish that. 
Mr. Adams said what was before the Board today was a resolution 
whereby the Trustees authorized for $1 the condemnation proceedings so the 
federal government could take the state lands without the mineral 
reservations, then Congress could finally authorize the monument and 
proceed in the light of a $24,000,000 authorization to appropriate 
money to buy the private lands, assuring just compensation. 

On motion by Mr, Adams, seconded by Mr. Conner and adopted, the rules 
were waived to allow presentation by Mr. Hardy Matheson, on behalf 
of the Board of County Commissioners of Dade County, of Resolution 
R-230-69 requesting the Trustees to reserve six navigation channels 
extending from the mainland to the Intracoastal Waterway. Mr. 
Rafferty said they would prefer this request be deferred, that any 
reasonable proposals for access channels would be considered later. 
Mr. Matheson then described the location of the needed channels and 
urged that they be reserved at this time. It was agreed that the 
request should be approved before action on the monument as listed 
on the agenda. 

VJithout objection. Governor Kirk said the Trustees approved the 
request of the Board of County Commissioners for reservation of six 
navigation channels. 

Objectors to the resolution of the Trustees and to the Biscayne 
National Monument included the following: 

Ralph Fossey, Mayor of the municipality of Islandia, who 
read a petition asking the Trustees to maintain the spirit 
of their July 9, 1968 resolution conditioning conveyance of 
state land on a time limit for compensation of private owners. 



5-13-69 
- 292 - 



William C. Martin, Special Counsel for the City of Islandia, 
Islandia Chamber of Commerce and most of the 800 property 
owners, who said the federal government had not complied 
with the Trustees' resolution of July 9, 1968, that the 
transfer of state land was not necessary as the Trustees had 
already agreed to transfer, that there was no appropriation 
and Islandia was not even on a priority list of the Department 
of the Interior for acquisition, that the state would be 
conveying title to land worth around 73 million dollars, and 
that private owners should now be given their chance to 
develop Islandia. 

Mr. Adams said he fully appreciated the point of view of the presentations 
and those owners represented. But he saw no impropriety in the resolution 
being considered by the Trustees today which was a reconfirmation of 
support expressed on several other occasions, and he must assume the 
federal government was acting in good faith. 

Mr. Adams made a motion, seconded by Mr. Faircloth, that the Trustees 
approve item 24 on the agenda. 

Mr. Christian proposed an amendment, the adding of a provision to the 
resolution that sufficient monies shall be appropriated, suggesting 
5 million dollars, and expended by the federal government for the 
purpose of acquiring at least one-fifth of all the non-federal land 
within the boundaries of the monument prior to the end of the current 
session of the Congress. Mr. Dickinson seconded the amendment, stating 
that the Trustees represented the people that owned Islandia and should 
protect them, that they should not be held in abeyance for years, that 
none of their land had been acquired yet and the 2^5 million dollars 
would expire June 30th. 

Mr. Christian's amendment was withdrawn upon Mr. Conner making a 
suggestion that the Attorney General draft another resolution to 
accomplish what had been brought up during the discussion. 

A number of other objectors asked to be heard, including Charles 
Lockhart, James M. Reid, Mrs. Elizabeth Bettner, Abner Sweeting, 
Mrs. Eunice Anderson, Carl Crivello, Art Green and Todd Swalra. 
Reasons given for opposition were that development of the private land 
by the owners would be a great economic benefit to the county and would 
bring in much tax revenue, that the valuable state land should not be 
given away, that the Biscayne National Monument was not needed in the 
area which had many parks and conservation lands already set aside, 
and that during the nearly one year's time since the Trustees July 9, 
1968, resolution, owners had not been approached for the purpose of 
purchase negotiation and the Trustees had a duty to see that the 
property rights are not abrogated. 

Brief statements on behalf of Biscayne National Monument were made by 
J. F. Redford of Dade County Chapter of Izaak Walton League, Joe Browder 
of National Audubon Society and William M. Partington of Florida Audubon 
Society. 

After further discussion of provisions that should be included in the 
resolution - adequate funding by Congress, a time limit requested by 
Mr. Williams and Mr. Dickinson, and the provision to be included in the 
ENG Form 42 reserving the six access channels requested by Dade County - 
Mr. Christian proposed a substitute motion. 

The motion made by Mr. Christian, seconded by Mr. Faircloth and adopted 
unanimously, was that items "a" and "b" of number "24" on the agenda 
be redrafted by the Attorney General to incorporate provisions that 



5-13-69 

- 293 - 



there should be an adequate appropriation in this year by the Congress 
and that the six access channels requested in the Dade County resolu- 
tion be approved. 



COLLIER COUIITY - Bulkhead Line, Section 253.122 Florida Statutes. 
Staff recommended approval of a bulkhead line adopted by the Board 
of County Commissioners of Collier County on March 5, 1963, located 
generally along the mean high water line in Johnson Bay in Section 24, 
Township 51 South, Range 25 East, Collier County. All required 
exhibits were furnished and there were no objections at the local 
hearing. 

Florida Board of Conservation biological survey report, covering a 
previously approved bulkhead line as well as this segment, indicated 
that the bulkhead line was a compromise between maximum development 
and no disturbance, that there would be adverse effects from the 
dredging and fill, but there had been definite effort by the applicants 
and Tri-County Engineering to protect certain productive areas from 
dredging and filling. 

Motion was made by Mr. Williams, seconded by Mr. Faircloth and adopted 
without objection, that the bulkhead line as fixed by the Board of 
County Commissioners of Collier County be approved. 



DADE COUNTY - Bulkhead Line, Section 253.122 Florida Statutes. 
Staff recommended approval of a bulkhead line fixed by the City 
Council of the City of Miami Beach by Resolution No. 12648 dated 
February 25, 1969, located in Indian Creek in Section 11, Township 
53 South, Range 42 East, Dade County. All required exhibits were 
submitted. There were several objections at the local hearing, 
mainly to the filling of submerged lands. 

The biological survey report from Florida Board of Conservation 
indicated that the submerged lands were not vegetated, were not 
feeding or nursery grounds, and that proposed bulkhead line and 
subsequent filling should not have serious adverse effects on marine 
life of the area. 

Motion was made by Mr. Faircloth, seconded by Mr, Christian and 
adopted without objection, that the bulkhead line adopted by the 
City of Miami Beach be approved. 



PALM BEACH COUNTY - File No. 1991-50-253.12. Brockway, Owen and 
Anderson Engineers, Inc., on behalf of DiVosta Rentals, Inc., applied 
for a 0.614 acre parcel of sovereignty land in Lake Worth abutting 
Section 27, Township 43 South, Range 43 East, in the City of West 
Palm Beach, Palm Beach County, landward of the established bulkhead 
line . 

The parcel was advertised for objections and one was received from 
the First Church of Christ, Scientist. Staff recommended that the 
objection be overruled and sale confirmed for the appraised price 
of $18,221.00 for the parcel. 

On motion by Mr. Christian, duly adopted, the Trustees overruled the 
objection and confirmed sale to the applicant as recommended by the 
staff. 



5-13-69 



- 294 - 



PALM BEACH COUNTY - Refund. File No. 1991-50-253.129 
Brockway, Owen and Anderson Engineers, Inc., on behalf of DiVosta 
Rentals, Inc., by letter dated March 30, 1968, withdrew an application 
for a disclaimer for which $10.00 had been tendered to pay for issuance 
of the instrument. 

Staff requested authority to refund the amount paid. 

Motion was made by Mr. Faircloth, seconded by Mr. Conner and adopted 
unanimously, that the Trustees authorize refund of the $10.00 processing 
fee to Brockway, Owen and Anderson Engineers, Inc. 



DADE COUNTY - File No. 2152-13-253.12. 

S. Lee Crouch on behalf of Robert Gould applied to purchase a parcel 
of sovereignty land in Dumfoundling Bay abutting Section 2, Township 
52 South, Range 42 East, Dade County, containing 0.545 acre, more or 
less, valued at $1,000.00 per acre, for a total offer of $545.00. 

The Board of Conservation biological survey report was adverse to 
development, showing that the proposed dredge and fill project would 
destroy valuable marine habitat. On January 23,1969, the Trustees 
had authorized issuance of a dredge permit to excavate 425,000 cubic 
yards of material from Dumfoundling Bay to Mr. Gould, and in view of 
the extensive dredging proposed it appeared that the proposed sale 
and development should not have any significant effect upon 
biological resources. Therefore , staff recommended advertisement. 

Motion was made by Mr. Conner, seconded by Mr. Christian and adopted 
without objection, that the parcel of land be advertised for objections 
only. 



LAKE COUNTY - Dredge Permit, Section 253.03 Florida Statutes. 
Tom B. Champion applied for a permit to remove 60 cubic yards of 
material from along the front of his property on Lake Gertrude in 
Section 30, Township 19 South, Range 27 East, Lake County, and 
tendered check for $50 as payment for the material to be placed on 
his upland property. 

On motion made by Mr. Christian, duly adopted, the Trustees authorized 
issuance of the permit. 



DUVAL COUNTY - Dredge Permit , Section 253.123 Florida Statutes. 
Seaboard Coast Line Railroad Company applied for permit to perform 
maintenance dredging in an existing channel in the St. Johns River 
at their marine terminal at Tallyrand Dock and Terminal area in 
Tovmship 2 South, Range 27 East, approximately 2,500 feet north of 
the John E. Matthews Bridge. 

The authorized channel depth was -31 feet, the present depth -25 
feet, and the material removed from maintenance dredging v/ould be 
deposited on applicant's upland property. 

The Florida Board of Conservation biological survey report indi- 
cated that the section of the St. Johns River was very turbid and 
polluted, the bottom belov; the photic zone for growth of marine 
grasses, and the proposed dredging would have no adverse effects on 
marine life. 



5-13-69 

- 295 - 



On motion by Mr . Dickinson, seconded by Mr. Christian and adopted 
without objection, the Trustees authorized the dredge permit for 
maintenance dredging. 



MARTIN COUNTY - Dredge Permit, To Improve Navigation 

Section 253.123 Florida Statutes 
Evans crary, Jr., on behalf of Perry Boswell, Jr., applied for a 
permit to remove silt and fill material from four existing waterway 
entrances in the Hanson Grant in Township 33 South, Range 41 East, 
Martin County, to be placed on upland property. 

The Florida Board of Conservation biological survey report 
indicated that the project should not have significant adverse 
effects on marine life. 

On motion by Mr. Dickinson, seconded by Mr. Christian and adopted 
without objection, the Trustees authorized the dredge permit to 
improve navigation. 



PALM BEACH COUNTY - Dredge Permit, Section 253.123 Florida Statutes, 
Teleprompter Corporation, by Gregg Smith, General Manager of 
Teleprompter of Florida, applied for permit to install a submarine 
TV cable crossing the Intracoastal iVaterway in Lake Worth in 
Sections 27 and 28, Township 42 South, Range 43 East, Palm Beach 
County. 

The Florida Board of Conservation biological report indicated no 
adverse effects on marine life from the proposed installation. 

On motion by Mr. Dickinson, seconded by Mr. Faircloth and adopted 
v;ithout objection, the Trustees authorized the dredge permit. 



PUTNAM COUNTY - Dredge Permit, Section 253.123 Florida Statutes. 
E. G. Cremer applied for permit to connect a canal constructed 
across his property with Stokes Creek in Section 4, Township 11 
South, Range 26 East. The material removed would be placed on 
upland property. 

The Florida Board of Conservation biological survey report 
indicated that there would be no adverse effects on marine life. 

On motion by Mr. Dickinson, seconded by Mr. Conner and adopted 
without objection, the Trustees authorized issuance of the dredge 
permit. 



SANTA ROSA COUNTY - Dredge Permit, Section 253.123 Florida 

Statutes; Spoil Area Relocation. 
Walter H. Smith, Project Engineer for Escambia Chemical Company, 
requested relocation of spoil areas "A" and "B" previously approved, 
to the v/esterly side of 'the proposed channel to eliminate possible 
destruction of an outfall ov;ned by American Cyanamid Company and 
located in the vicinity of the approved spoil areas. 

On March 25, 1969, the Trustees approved issuance of a permit for a 
barge channel to connect applicant's upland plant facility to the 
Intracoastal Waterway in the upper part of Escambia Bay. Said 



5-13-69 
- 296 - 



permit authorized placement of material in two spoil disposal areas 
on the easterly side of the barge channel. 

The Florida Board of Conservation Survey and Management Division 
had no objection to the relocation, and staff recommended approval. 

On motion by Mr. Dickinson, seconded by Mr. Christian and adopted 
without objection, the Trustees approved issuance of the dredge 
permit to allow spoil area relocation. 



ST. LUCIE COUNTY - Dredge and Dock Permit, Marine Railway. 

Seeley Fish Company applied for permit to construct a coiranercial 
marine railway and a 30-foot by 25-foot channel to connect with the 
Indian River in Section 33, Township 34 South, Range 40 East, St. 
Lucie County. The material removed would be placed on applicant's 
upland, and all required exhibits had been furnished including 
$100 dock processing fee. 

Florida Board of Conservation biological survey report indicated 
that the land was sandy and unvegetated, and the small amount of 
dredging should have no significant adverse effects on marine life. 

Motion was made by Mr. Christian, seconded by Mr. Faircloth and 
adopted without objection, that dredge and dock permits be issued 
to Seeley Fish Company. 



PINELLAS COUNTY - Dock Permit, Section 253.03 Florida Statutes. 
The Pinellas County Water and Navigation Control Authority issued 
a dock permit, subject to Trustees' approval, to Placido Corpora- 
tion - Placido Apartments to construct a commercial dock in 
Placido Bayou in Section 6, Township 31 South, Range 17 East, 
Pinellas County. All required exhibits, including $100.00 
processing fee, were submitted. 

On motion by Mr. Faircloth, seconded by Mr. Dickinson and adopted 
without objection, the Trustees authorized issuance of commercial 
state dock permit. 



LAKE COUNTY - Dredge Permit, Section 253.03 Florida Statutes. 
H. G. Morse applied for a permit, on behalf of Richard E. Pennington, 
to dredge in order to connect a canal from his property to Lake 
Yale in Section 13, Township 18 South, Range 25 East, Lake County. 
Applicant tendered check for $50.00 as minimum payment for the 
material to be deposited on uplands. 

Florida Game and Fresh ,Vater Fish Commission reported favorably on 
the proposed v;ork, subject to normal stipulations as to dredging. 

On motion by Mr. Christian, seconded by Mr. Dickinson and adopted 
without objection, the Trustees authorized issuance of the dredge 
permit to improve navigation. 



LEE COUNTY - Dredge Permit, Section 253.123, and 

Fill Permit, Section 253.124 Florida Statutes. 



5-13-69 

- 297 - 



Julian D. Clarkson, on behalf of J. C. Barnes, Jr., Trustee, 
requested approval of a fill permit issued by the City of Fort 
Myers on March 7, 1969. By virtue of chapter 6932, Laws of Florida, 
Acts of 1915, the Caloosahatchee River bottoms within the city 
limits v/ere granted to the City of Fort Myers. The Truscees had 
taken the position that permits issuing under the provisions of 
Section 253.123 and 253.124 Florida Statutes must be approved by 
the Trustees, and staff recommended approval of the fill permit 
issued by the City of Fort Myers, and issuance of a dredge permit. 

Florida Board of Conservation biological survey report of September 
6, 1968, was not adverse to dredging and filling in the subject 
area. 

On motion by Mr. Christian, seconded by Mr. Williams, and adopted 
without objection, the Trustees approved the fill permit issued by 
the City of Fort Myers and authorized issuance of a dredge permit. 



BREVARD COUNTY - Fill Permit, Section 253.124 Florida Statutes. 
North Brevard Parks and Recreation Commission requested approval of 
a fill permit issued by the City of Titusville on June 26, 1968, 
for filling sovereignty lands in the Indian River dedicated to the 
city for public purposes by Trustees Dedication No. 23535 dated 
November 20, 1963. 

Board of Conservation biological survey report was adverse to 
dredging fill material from offshore. Accordingly, material will 
be obtained from an adjacent land owner's property. No dredging 
of sovereignty lands was contemplated. 

Motion was made by Mr. Faircloth, seconded by Mr. Williams and 
adopted without objection, that the Trustees approve the fill 
permit issued by the City of Titusville. 



INDIAN RIVER COUNTY - Dredge Permit, Section 253.123 Florida Statutes, 
DeForest Tackett, President, Tackett Construction, Inc., applied 
for permit to connect a canal constructed across applicant's 
property, with the Indian River in Section 19, Township 32 South, 
Range 40 East, Indian River County. Material removed would be 
placed on upland property. 

Florida Board of Conservation biological survey report indicated 
that the present shore line was the remnant of what was once a 
border of red mangroves, between 5 and 10 feet in width. The area 
along the shore where the seedling red mangroves and dead roots 
occurred was part of the area to be dredg ed to permit the water 
to extend up to the seawall . 

Staff recommended approval of the proposed project for that 
segment lying south of the cement sewer outfall. 

On motion by Mr. Faircloth, seconded by Mr. Christian and adopted 
without objection, the Trustees accepted the staff recommendation. 



PALM BEACH COUI-JTY - Disclaimer, File No. 2193-50-253.129. 

George R. Brockway, on behalf of Florence Immormino, applies for a 

disclaimer for a 4.79 acre parcel of land lying between the 



5-13-69 



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westerly meander line of Government Lot 2, Section 35, Township 44 
South, Range 43 East, and the mean high water line of Lake Worth. 
Proper exhibits and documents had been submitted and staff requested 
authority to issue disclaimer for $100.00 processing fee. 

On motion by Mr. Christian, seconded by Mr. Faircloth and adopted 
v;ithout objection, the Trustees authorized issuance of the 
disclaimer for $100.00 charge. 



DeSOTO COUI^ITY - Dedication of Road Right of Way. 
The State Road Department requested dedication of 5.12 acres in 
Section 34, Township 38 south. Range 25 East, DeSoto County, for 
road right of way purposes in connection with State Road No. 31, 
Parcel 103.1, Section 04010-2902. 

The land was under the jurisdiction of the Board of Commissioners 
of State Institutions, was part of the G. Pierce wood Memorial 
Hospital property, and all parties involved had concurred in the 
dedication. 

On motion by Mr. Conner, seconded by Mr. Faircloth and adopted, 
the Trustees granted the request of the State Road Department for 
dedication of the parcel for road right of way purposes. 



OKALOOSA COUNTY - Permanent Spoil Area Easement. 
The District Engineer, Mobile District, U. S. Army Corps of 
Engineers, applied for permanent spoil area easement in Santa Rosa 
Sound near Fort Walton Beach (Intracoastal Waterway betv^een Fort 
Walton and Navarre Bridge) in Section 23, Township 2 South, Range 
24 West, Okaloosa County. 

Florida Board of Conservation biological survey report stated that 
no significant adverse effects would occur from spoiling in the 
proposed site. 

On motion by lAr . Conner, seconded by Mr. Christian and adopted, 
the Trustees authorized issuance of easement for the permanent 
spoil area requested by the Corps of Engineers. 



LEON COUNTY - Easement for Power Line. 

The City of Tallahassee requested dedication of a right of way 
100 feet wide and approximately 400 feet long for electric trans- 
mission lines over and across the southeastern portion of the 
F. C. I. tract of land in Section 34, Township 1 North, Range 1 
East, Leon County, owned by the Trustees for the benefit of the 
Department of Agriculture. Said Department had reviev;ed and 
concurred in the request. 

On motion by Mr. Faircloth, seconded by Mr. Christian and adopted, 
the Trustees authorized dedication of the power line easement 
requested by the City of Tallahassee. 



BAY COUI'JTY - Mariculture Lease. 

Akima International, inc., applied for lease of approximately 60 

acres of submerged land in Big and Little Johnson Bayous of West 



5-13-69 

- 299 - 



Bay in Bay County, for the purpose of shrimp farming. Akima 
requested 3-year lease with option to renew for additional time, up 
to a total of 15 years, and offered annual rental of 50<: per acre. 
Akima had the surrounding land under lease. It was owned by St. 
Joe Paper Company which had no objection to the proposed use of 
the land by Akima. Applicant was agreeable to the lease being made 
subject to the requirements of any valid legislation. 

Florida Board of Conservation biological survey report indicated 
seagrass growth limited to the mouths of the bayous and open bay 
adjacent. Commercial netting of fish found in the bayous was 
concentrated at the bayou mouths and offshore grass flats. Required 
netting placed across the bayou mouths would interfere with ingress 
and egress by the public desiring use of the waters. Public use 
of the two bayous appeared to be limited to West Bay itself. 

Staff recommended issuance of lease with the following conditions: 
that lease be for an initial period of 2 years at $1.00 per acre 
per year with option to renew for 3 one-year periods upon agree- 
ment by the Trustees, with terms and rentals for each future period 
to be agreed upon by the parties, and requirement of a surety bond 
of an adequate amount. 

On motion by Mr. Williams, seconded by Mr. Dickinson and adopted 
without objection, the Trustees approved issuance of a lease on 
the terms recommended by the staff. 



TRUSTEES ' FUNDS - In order to finance the Interagency Advisory 
Committee on Submerged Land Management, the Trustees at their 
meeting on June 4, 1968, made available funds in the amount of 
$21,500.00 to cover costs over a period of six months. From July 
1, 1968, through December 31, 1968, only $466.05 was disbursed 
toward this commitment. Additional costs are now being incurred 
caused principally by the cost involving public hearings on the 
proposed aquatic preserves system. 

Staff requested authority to maintain the remaining portion of the 
$21,500.00 commitment for use in connection with the Interagency 
Advisory Committee on Submerged Land Management through June 30, 
1969. 



On motion by Mr. v>/illiams, duly adopted, the Trustees approved the 
request and authorized use of the committed funds through June 30, 
1969. 



On motion duly adopted, the meeting was ad 



ATTEST: 




5-13-69 



- 300 - 



Tallahassee, Florida 
May 20, 1969 



The Trustees of the Internal Improvement Fund met on this date in 
the office of the Governor, in the Capitol. The following members 
were present: 

Claude R. Kirk, Jr. Governor 

Tom Adams Secretary of State 

Earl Faircloth Attorney General 

Fred O. Dickinson, Jr. Comptroller 

Floyd T. Christian Commissioner of Education 

Doyle Conner Commissioner of Agriculture 



Randolph Hodges Director 



With reference to the minutes of the meeting of May 13, 1969, 
question was raised by the Attorney General who had been requested 
to prepare a revised resolution in accordance with the Trustees' 
action. Reference was made to the transcript and it was agreed 
that the minutes did conform to the action taken. 

The minutes of the previous meeting w&re approved. 



DADE COUNTY - Biscayne National Monument. 

On May 13, 1969, the Trustees requested the Attorney General to 
redraft for further consideration on this date a resolution 
reconfirming support for establishment of Biscayne National 
Monument. Mr. Faircloth read from a resolution he had prepared 
before, and another resolution he had prepared after, receiving 
the minutes of May 13th meeting. It was agreed that the motion 
by Mr. Christian on May 13 called for an appropriation by Congress 
in this year but not a full appropriation for all the lands. 
Mr. Adams said the first resolution conformed to the sense of 
what was done last week. He moved its adoption and Mr. Faircloth 
seconded the motion. The resolution did not call for an appro- 
priation this year. Mr. Christian said Congressman Fascell had 
assured him that there would be an appropriation this year of 
an adequate sum to carry the Monument forward. Mr. Christian 
asked that the record show that the intent of the resolution was 
that none of the state lands will be transferred to the Monument 
until the Federal Government makes an appropriation. 

Governor Kirk said it was understood that the government would not 
appropriate enough money (at once) to take in all the lands that 
would ultimately be condemned, that this was the beginning of 
acquisition and a showing of good faith. 

Mr. David Walters, on behalf of the City of Islandia, said he 
favored the Monument in principle, he felt that past actions of 
the Trustees indicated an intent to protect the land owners 
from federal red tape and delay, and he suggested that the 
instrument and resolution contain a time limit or action subject 
to renewals which would be an expression to Congress that the 
Trustees intend that they should proceed with dispatch. 

Comptroller Dickinson agreed and said that for the reasons pointed 
out by Mr. V/alters he was more inclined toward the Attorney 



5-20-69 



- 301 - 



General's resolution that was attached to the memorandum, that to 
properly perform their duty toward the citizens the Trustees should 
indicate to the Federal Government that monies should be appro- 
priated to properly compensate the private owners. There was 
discussion of the legal meaning of the wording of the resolution 
and the instrument providing for the condemnation proceedings 
(ENG FORM 42) . 

Mr. Adams reviewed the provisions in the resolution adopted July 9, 
1968, and the discussion last week as to how the Congress makes 
appropriations. He said that the one dollar in the instrument was 
to initiate friendly condemnation of state land to enable conveyance 
without mineral reservations and had nothing to do with the 
appropriation to buy private land. 

Mr. Walters agreed that the conditions had been met as to the 
Congressional authorization, but asked the Trustees to take the 
same precautionary measures in the appropriation area to ensure 
priority of attention by Congreas, and have it in writing. 

Governor Kirk expressed confidence that the Federal Government 
would deal fairly, as expressed last week by the Federal representa- 
tives . 

Mr. J. F. Redford said it seems that some suggestions indicate 
distrust of the government, which had already said "five years" and 
"just compensation." 

Mr. George Fryer, Chief of the Real Estate Division of the 
Jacksonville District, U. S. Corps of Engineers, advised that the 
agency opened an office in Miami last Saturday and now had signed 
contracts involving almost a million dollars under the advanced 
contract authority which they expected to pay off after the first 
of the fiscal year, but the Congressional Act required that the 
state enter into an agreement for conveyance of state lands before 
payment for any privately owned land. 

Since the main question seemed to be the time for ultimate acquisi- 
tion, Mr. Adams proposed adding a sentence to the resolution as 
follows: "It is understood that purchase of all lands privately 
owned to be effected or in process within five years." 

Mr. Christian said the resolution expressed support for the 
Monument and now that he was told there would be an adequate 
appropriation it appeared owners should have no worry. There 
followed a discussion of the v;ord "adequate." 

Mr. Diclcinson said he thought all were trying to achieve the same 
thing, that it was a matter of mechanics in the document and in 
view of the obvious concern by the Secretary of State who had tried 
to develop language agreeable to everyone, he suggested that the 
Attorney General and Mr. Walters, representing the private owners 
of Islandia, try to v;ork out something to be considered next week. 
Governor Kirk disagreed, because with due respect to advice 
received from various parties he thought the Trustees were elected 
to administer and he had confidence in the Attorney General. 

Commissioner of Agriculture Conner suggested a declaration of good 
faith to the Federal Government by declaring that the state would 
not convey to any private owners any submerged lands, therefore 
acquisition problems v/ould not be increased. He v/ould be concerned 
if the Federal Government had not done anything in five years or 
had acquired only part of the private land and limited the Monument 
to that part. 



5-20-69 
- 302 - 



Attorney General Faircloth felt that all were aware of the difficulty 
in legal opinions about language, but he thought they had already 
done more than what Mr. Conner suggested. He said the Trustees were 
giving the United States an option and the issue was whether there 
should be strings attached - whether the state land would not be 
conveyed until everybody who owned land on Islandia had been justly 
compensated, or the other view that the Federal Government was 
saying that unless the state land was conveyed without reservation 
it would kill the Monument, or whether a time limitation should be 
imposed. 

Secretary of State Adams made a motion that the resolution which 
the Attorney General originally presented to the members, with 
additions Mr. Adams had suggested today, be adopted. Mr. Faircloth 
said he would vote for the motion. Mr. Christian said he thought 
it expressed the intent of his motion providing they all understood 
that they were looking to Congress for an appropriation, if it was 
based on good intent on the part of the State of Florida and the 
Federal Government to carry forth the Monument, adequate appropria- 
tions (and not the $1 mentioned in the instrument) to be forthcoming 
to take care of private land. 

On motion made by Mr. Adams and adopted, with Mr. Conner and Mr. 
Dickinson voting "No", the following resolution was adopted: 

RESOLUTION 

RESOLVED BY THE TRUSTEES OF THE INTERNAL HIPROVEMENT 
TRUST FUND OF THE STATE OF FLORIDA, that the Trustees, 
consonant with the intent of their resolution of July 9, 
1968, favoring the creation of and the donation of state 
lands to the proposed Biscayne National Monument, and in 
light of imminent condemnation of said state lands for the 
aforesaid purpose, do reaffirm their support of the Biscayne 
National Monument and do, accordingly, agree to the valuation 
of the said state lands at the sum of one dollar; provided 
that the Resolution No. 280-69 dated March 12, 1969, of the 
Dade County Commission requesting permission to establish 
six (6) navigation channels through the state sovereignty 
submerged lands embraced within this project is hereby 
approved, and said channel areas as described in said reso- 
lution are hereby reserved to Dade County or the State of 
Florida; provided further that the condemnation proceedings 
relative to the state owned lands to be condemned for the 
establishment of the Biscayne National Monument will not be 
instituted by the Federal government until there obtains a 
Congressional appropriation. It is understood that purchase 
of lands privately owned is to be effected or in process 
within five (5) years. 

IN WITNESS WHEREOF, this resolution is signed this 
20th day of May, A. D. 1969, by the Trustees of the Internal 
Improvement Trust Fund of the State of Florida undersigned. 



See Minutes of 
June 10, 1969 
correcting these 
minutes by deleting 
two names, as shown. 



(s) CLAUDE R. KIRK 

Governor 
(s) TOM ADAMS 

Secretary of State 
(s) EARL FAIRCLOTH 

Attorney General 

Comptroller 
(s) BROWARD WILLIAMS 
Treasurer 



5-20-69 



- 303 



(s) FLOYD T. CflRISTIAN 

Commissioner of Education 



Commissioner of Agriculture 



Many private owners were present and indicated their objections 
to the resolution. Mayor Ralph Fossey, on behalf of the City of 
Islandia, strongly opposed the condemnation method whereby the 
compensation would be decided. Mr. William C. Martin, attorney 
for said city and land owners, thought the resolution did not protect 
the land owners. Governor Kirk assured him a Congressional appro- 
priation was a condition precedent to transfer of state lands. 

Mr. Walters asked that the safeguards in the resolution also be 
placed in the instrument (ENG Form 42) which he thought was the 
prevailing document. Mr. Christian said it would be. Mr. Adams 
said the intent was to protect every property owner in Islandia 
which he thought the whole Board wanted, but he realized some people 
still did not want the Monument. Mr. Christian said the record 
showed that there would be an appropriation this year by the 
Congress, that he had been assured by Congressman Fascell that his 
intent was to get an appropriation to carry the Monument forward 
and complete it within five years. 



DADE COUNTY - ENG Form 42, "Offer to Sell Real Property" 
The instrument numbered ENG Form 42 submitted by the District 
Engineer, Jacksonville District, for Trustees' execution, was 
related to, or a part of, the above matter. Purpose of the form 
was to comply with Public Law 90-506 wherein it provided that the 
"...Secretary shall not declare the Biscayne National Monument 
established until the State has transferred or agreed to transfer 
to the United States its right, title and interest in and to its 
lands within the boundaries of said national monument." Its 
execution would enable the United States to proceed with land 
acquisition within the monument. After the Trustees' meeting last 
week the form was tentatively amended as agreed by parties concerned 
and submitted for consideration this week. That tentative amend- 
ment was changed by the action on this date. 

On motion by Mr. Adams, seconded by Mr. Christian and adopted, with 
Mr. Conner and Mr. Dickinson voting "No", the Trustees approved 
execution of ENG Form 42, "Offer to Sell Real Property", as amended 
in accordance with the resolution passed on this date. 



LEE COUNTY - Consideration of Settlement of Dredging and Fill 
Violations by Gulf American Corporation. 

Director Randolph Hodges presented for discussion, and for 
instruction to the staff as to how to proceed, the matter of a 
proposed settlement of dredge and fill violations by Gulf American 
Corporation. His checking of dredging and fill operations and 
Trustees' records disclosed operations begun in 1959 in Lee County 
by Gulf American and continued many years. A report had been 
submitted to the Trustees which Mr. Hodges reviewed, on the various 
permit applications, violations that allegedly occurred over the 
period from 1959 until 1967, changes in fill material rates and 
policies regarding penalties, and a proposed settlement which the 
staff had been negotiating for six or eight weeks with Gulf American 



5-20-69 
- 304 - 



resulting in an offer of $300,000 cash for material taken, offer 
of an additional $100,000 for land the firm wished to purchase, 
and offer to deed certain areas to the state in exchange for lands 
of lesser acreage. 

Mr. Gordon Malatratt, Executive Vice-President of Gulf American, 
and Mr. Richard D. DeBoest, attorney for Gulf American, made 
lengthy explanations including the statement that it was not the 
old Gulf American firm but the new Gulf American, purchased by the 
GAG Corporation of Pennsylvania, with new ownership and new manage- 
ment, which had thoroughly investigated and intended to clean up the 
slate of old misdeeds. A settlement had been negotiated for 
consideration of the Trustees which they felt was fair and equitable 
to all parties. 

Gulf American has an interest in lands which might be affected by 
the recent Wetstone decision by the Supreme Court. Mr. Malatratt 
thought the alternative to a solution as offered would be litiga- 
tion and would defer public use of the areas the firm proposed to 
deed to the State for recreation purposes. Mr. DeBoest spoke of 
the legal problems involving the mean high tide line location and 
the difficulty of placing the exact responsibility for failure to 
complete the permit applications which he said made the proposed 
settlement desirable for both parties. 

The Trustees asked many questions regarding the new firm, the 
character of the land, the taxes paid, the Wetstone case and the 
petition for rehearing now pending before the Supreme Court, 
proposed legislation relating to clearing of titles to lands 
deeded in the 1830' s, and equity to third parties now owning filled 
properties involved in the violations. 

The Gulf American representatives emphasized that they thought this 
was a generous gesture on the part of the firm and not quid pro quo, 
that additional investigation by the Trustees was welcome. They 
read from the staff report that Gulf American was by far the largest 
land developer in the State of Florida; and it was hoped that this 
proposal for constructive cooperation between this company and the 
State of Florida might establish a precedent that would enable large 
land owners and the public at large to obtain greater benefits 
than any could acting alone. 

Motion was made by Mr. Christian, seconded by Mr. Dickinson and 
adopted unanimously, that consideration of the dredge and fill 
violations and proposed settlement be deferred pending an invest- 
igation by the Attorney General and his staff and a recommendation 
made in due time, and that interim reports on the progress be made to 
the Trustees as often as practicable. 



MONROE COUNTY - Bulkhead Line, Section 253.123 Florida Statutes 
The Board of County Commissioners of Monroe County by resolution 
adopted on April 8, 1969, fixed a bulkhead line along the north 
side of Spanish Harbor Key in Sections 32 and 33, Township 66 South, 
Range 30 East, and at the approaches to the new Bahia Honda-Spanish 
Harbor Key Bridge on State Road No. 5 in Township 66 South, Range 30 
East, Monroe County. 

All required exhibits were furnished to the Trustees' office. The 
file indicated that concern was voiced at the local hearing regarding 
the offshore borrow pits and their effect on the beaches at Bahia 
Honda Key. 



5-20-69 



305 - 



The biological survey report from the Florida Board of Conservation 
indicated that the filling needed to be done to facilitate the new 
bridge and road alignments would cause limited adverse effects on marine 
habitats, but that there were no alternatives because the entire 
project area and vicinity were productive vegetated habitats for 
marine life. 

The staff recominended approval of the bulkhead line. 

Motion was made by Mr. Adams, seconded by Mr. Faircloth and adopted 
unanimously, that the bulkhead line be approved. 



MONROE COUNT Y - Dedication of Road Right of Way 
Section 253.03 Florida Statutes 
The State Road Department requested a dedication of upland within 
Bahia Honda State Park for right of way purposes in connection with 
the State Road No. 5 (U. S. Highway No. 1) approach to the proposed 
new Bahia Honda bridge. 

Florida Board of Parks had reviewed and approved the request. 

Trustees' staff recominended approval. 

On motion by Mr. Christian, seconded and unanimously adopted, the 
Trustees granted the request of the State Road Department and 
authorized dedication of those parts of Sections 26, 27 and 34 on 
Bahia Honda Key in Township 66 South, Range 30 East, Monore County, 
required for state road right of way purposes. 



INDIAN RIVER COUNTY - Easement Maintenance Spoil Area 
Sebastian Inlet District, represented by Kenneth W. Damerow of James 
L. Beindorf and Associates, by resolution adopted on April 1, 1969, 
requested a maintenance spoil area easement in connection with main- 
taining the channel of Sebastian Inlet. The spoil area embraced 2.58 acres 
of sovereignty land in the Indian River lying off shore from Govern- 
ment Lots 3 and 4 in Section 20, Township 30 South, Range 29 East, 
Indian River County. '^ 

The biological report submitted on May 9, 1969, by the Florida Board 
of Conservation was not adverse to the project. 

Motion was made by Mr. Faircloth, seconded by Mr. Adams and adopted 
unanimously, that the maintenance spoil area easement be authorized. 



LEE COUNTY - Dredge Permit, Section 253.03 Florida Statutes 
United Telephone Company of Florida, by General Outside Plant Engineer, 
C. A. Sissons, made application for permission to dredge to install a 
submarine cable crossing the Caloosahatchee River canal in Section 27, 
Township 43 South, Range 27 East, Lee County. 

The proposed installation was in water 24 feet deep, in an area 
recently dredged wider and deeper as a part of the works of the 
Central and Southern Florida Flood Control District. 

Motion was made by Mr. Christian, seconded by Mr. Adams and adopted 
without objection, that the dredge permit be approved. 



5-20-69 
- 306 - 



LEE COUNTY - Dredge Permit, Section 253.123 Florida Statutes 

Fill Permit, Section 253.124 Florida Statutes 
Red Bud Land Company, represented by Leif E. Johnson, made application 
for issuance of dredqe permit to excavate 12,500 cubic yards of material 
from the Caloosahatchee River outside the established bulkhead line, and 
requested approval of fill permit issued by Lee County on January 3, 1969, 
to fill submerged land previously purchased from the Trustees and con- 
veyed in Deed No. 24779 (2076-36). Applicant tendered check for $1,250.00 
in payment for the fill material. 

The biological survey report from the Florida Board of Conservation, 
submitted on January 26, 1968, in connection with the submerged land 
acquisition, was not adverse to development of the parcel. Staff 
recommended approval. 

Mr. Adams asked if the application complied with the criteria the 
Trustees require - the bulkhead line at the mean high water line or if 
seav^ard of that, is justified by being in the public interest. He 
asked if the bulkhead line for the application area agreed with the 
recommendations of the Intersgency Advisory Committee. After a brief 
deferment of action on this agenda item, the Director said his staff 
had checked and the file showed that this was in keeping with the 
Interagency report. 

On motion by Mr. Adams, seconded by Mr. Christian and adopted without 
objection, the Trustees authorized issuance of dredge permit under 
Section 253.123 Florida Statutes for the amount of material requested 
and payment tendered; also, the Trustees approved the fill permit 
issued by Lee County under the provisions of Section 253.124 Florida 
Statutes. 



LEE COUNTY - Fill Permit, Section 253.124 Florida Statutes 

The application of Grafton Development Corporation for approval of a 

fill permit issued by Lee County to that firm on May 7, 1969, to 

truck in material to fill 0.311 acre parcel of submerged land purchased 

under provisions of Chapter 67-393, Laws of Florida, was considered. 

The agenda showed that the biological survey report, executed by the 
Board of Conservation on March 17, 1967, in connection with establish- 
ment of the bulkhead line, was not adverse. 

Mr. Adams questioned whether the bulkhead line met the same criteria 
mentioned in the preceding item and, in agreement with the suggestion 
of the Director, action was deferred until the next meeting. 



MANATEE COUNTY - Dredge Permit, Section 253.123, and 

Fill Permit, Section 253.124 Florida Statutes 
Key Royale, Inc., applied for a dredge permit to remove 118,140 cubic 
yards of material and approval of fill permit issued by the City of 
Holmes Beach, Florida. The city had indicated that the bulkhead line 
as presently located in this area v;as satisfactory. The agenda showed 
that the biological report was not adverse if applicant follows 
recommendations of the Board of Conservation relative to dredging and 
filling methods. 

Payment had been tendered for fill material at the rate of 5 cents 
per cubic yard, and the application had been filed prior to Trustees' 
establishing the 10 cents per cubic yard rate. 



5-20-69 

- 307 - 



The question raised by Mr. Adams as to the two preceding items was 
brouqht up and action was deferred until the next meeting, for the 
staff to show that the bulkhead line v;as at the mean high water line, 
or was justified in the public interest, and was in compliance with 
the recommendations of the Interagency Advisory Committee report on 
bulkhead lines. 

Representing the applicant, Mr. Leo Mills showed the location of 
the application on a map, said the lands v;ere purchased around 1954, 
and since filling was started in 1955 there had been erosion and a 
change in the shoreline. Mr. Adams pointed out that several weeks 
ago the Trustees had sought to get Manatee County to review all the 
bulkhead lines, and he felt that the Trustees should not act on 
applications piece-meal that do not conform to the criteria. Mr. Jim 
Smith, Administrative Assistant to the Director in the Trustees' 
office, said applications met the qualifications or the staff did not 
put them on the agenda. 

The Director suggested that action be deferred to allow the staff to 
make a full explanation to the Trustees. 

It was so ordered. 



MONROE COUNT Y - Dredge Permit, To Improve Navigation 

Ismael Fuentes applied for permission to connect a navigation channel 
30 feet wide by 5 feet deep by 177 feet long from the applicant's 
upland property through purchased submerged lands into the Atlantic 
Ocean in Section 8, Township 63 South, Range 38 East, Monroe County. 
Material would be placed on the upland. 

The Florida Board of Conservation survey report indicated that the 
channel should not have significant adverse effects on marine life, 
and the staff recommended approval. 

Motion was made by Mr. Adams, seconded by Mr. Christian and adopted 
without objection, that the dredge permit be approved. 



NASSAU COUNTY - Dredge Permit, Channel Connections 

William Moore, of Gordon Brent Investment Company, applied for permit 
to construct three channels connecting proposed upland canals with 
the Nassau River and the Pumpkin Hill Creek in Sections 3, 9 and 11, 
Township 1 North, Range 28 East, Nassau County. The material removed 
would be placed on applicant's upland. 

The Florida Board of Conservation biclogical study indicated that 
while the proposed channel connections would destroy valuable 
cordgrass habitat, the connections would provide access to a large 
upland area. 

On motion by Mr. Christian, seconded by Mr. Conner and adopted, the 
Trustees approved the dredge permit. 



PINELLAS COU NTY - Dock and Dredge Permit, Sec. 253.03 and 253.123 

Florida Statutes, Marine Railway Installation 
The Pinellas County Water and Navigation Control Authority issued, 
and referred to the Trustees for approval, a dock permit to Gulf 
Marine Ways for the construction of a commercial marine railway in 
the Anclote River in Sections 11 and 12, Township 27 South, Range 15 



5-20-69 
- 308 - 



East, Pinellas County. Material removed v;ould be placed on applicant's 
upland. 

The Florida Board of Conservation biological study indicated that the 
project would have no significant adverse effects on marine life. 

On motion by Mr. Christian, seconr^ed by Mr. Conner and adopted, the 
Trustees approved the dock and dredge permit for the marine railway, 
for $100.00 processing fee. 



DADE COUNT Y - Lease Assignment 

Mr. G. Victor Tutan, attorney, made application for approval of assign- 
ment of private campsite lease No. 2158 dated February 1, 1966, from 
Anthony G. Klose , lessee, to Robert R. Bellamy and Read S. Ruggles, Jr. 

The campsite was located in Biscayne Bay south of Key Biscayne. The 
Director advised that rental was $100.00 per year and this was not a 
new lease. 

On motion by Mr. Christian, seconded by Mr. Conner and adopted, the 
Trustees approved assignment of campsite lease No. 2158 as requested. 



SUBJECTS UNDER CHAPTER 13296 

WALTON COUNTY - Refund 

Land described in Walton County Murphy Act Deed No. 363 dated August 
15, 1958, to Bessie Graham was double assorsed with the land described 
in tax sale certificate No, 309 of Septerrber 4, 1933. The taxes were 
paid May 26, 1939, on the land embraced in tax sale certificate No. 309 
of 1933. 

The staff requested authority for the issuance of refund in the amount 
of $30.00, the amount received by the State of Florida, to the grantee 
in the Murphy Act deed, and authority to void Deed No. 363 dated August 
15, 1958, to Bessie Graham. 



Motion was made by Mr. Christian, seconded b 
that the refund and voiding of Deed No, 



Mr. Adams and adopted, 

ithor] 



On motion duly adopted, the meetin 



ATTEST 





* * * 



* * * 



* * * 



5-20-69 



- 309 



Tallahassee, Florida 
May 27, 1969 



The Trustees of the Internal Improvement Fund met on this date in 
the office of the Governor in the Capitol. The following members 
were present: 

Claude R. Kirk, Jr. Governor 

Tom Adams Secretary of State 

Earl Faircloth Attorney General 

Fred O. Dickinson, Jr. Comptroller 

Broward V/illiams Treasurer 

Floyd T. Christian Commissioner of Education 

Doyle Conner Commissioner of Agriculture 



Jim Smith Administrative Assistant 



The Trustees approved the minutes of the meeting of May 20, 1969, 
as submitted. 



COASTAL PETROLEU M COMPANY - Attorney General Earl Faircloth brought 
up the Coastal Petroleum Company matter and asked Assistant Attorney 
General Herbert Benn to make an up-to-date report. Mr. Benn said 
the state had counterclaimed in court in January 1969 against the 
suit entered by Coastal Petroleum Company, that the state had 
alleged that the leases were void for failure of Coastal to comply 
with the lease terms. He said that on May 26 the state filed a 
suit in Palm Beach Circuit Court claiming that Coastal had failed 
to comply with lease agreements and therefore the leases v;ere void, 
that mining of Lake Okeechobee will damage the water supply, 
fisheries, wildlife, interfere with flood control works and sport 
fishing. Mr. Benn said that in both the federal and state courts 
the Trustees had taken action to enjoin Coastal. Further, in 
cooperation with the Legislature and the Trustees' staff, the 
Attorney General's office had introduced or caused to be introduced 
several bills pertaining to mineral leasing authority, terms, 
methods, and also a bill to remove estoppel against the Trustees 
asserting title to lands. 

Mr. Benn further discussed the action the Attorney General's office 
had taken, and later in the meeting stated that Coastal had not 
exhausted its administrative remedies by requesting the necessary 
permits from state agencies, that Coastal had amended its complaint 
and alleged inverse condemnation naming the figure of 44 million 
dollars, that the office of the Attorney General had diligently 
pursued the litigation which is nov/ pending in the Federal Court, 
and the state's position would be well represented at the June 12 
hearing scheduled by the U. S. Army Corps of Engineers. He stated 
that Coastal had failed to live up to the covenants of the contracts 
and that Drilling Lease 224-A As Modified, Drilling Lease 224-B As 
Modified, and Drilling Lease 248 As Modified therefore were void. 

Governor Kirk had secured legal assistance of Mr. Dennis M. O'Connor 
and Mr. Allan Milledge who had reviewed the Lake Okeechobee situa- 
tion and submitted a report containing their findings and recommen- 
dations to the Trustees on May 26, 1969. They reviewed their report 
which recommended that the Trustees terminate Lease 248 As Modified 
by adopting a proposed resolution, that additional legal steps be 
taken to prevent any operations by Coastal in Lake Okeechobee, that 



5-27-69 
- 310 - 



the Trustees obtain legislative and regulatory reforms to prevent 
similar situations in the future, and that the Trustees by formal 
resolution inform the Secretary of the Army of the action taken on 
this date and the objections of the state. 

Mr. Milledge explained how the lease might automatically renew itself 
under its terms, that the pleading filed in the District Court action 
was notice to the company of the drilling deficiencies, that the 
thirty-day period had elapsed and the Trustees should immediately 
terminate Lease No. 248 As Modified by adoption of a resolution. 

The Attorney General and Mr. Benn said actions taken had covered 
all points brought up in the review, that the suit was being 
vigorously defended by the office of the Attorney General for the 
protection of the State of Florida, that the lawyers' memorandum 
would be welcome but assistance was not required. Mr. Faircloth 
said the suggested resolution nnight be helpful. 

Motion was made by the Attorney General, seconded by Mr. V7illiams 
and adopted unanimously, that the Trustees adopt the resolution 
declaring Drilling Lease No. 248 As Modified in default in its 
entirety and declaring the lease and all lessee's rights thereunder 
terminated. 

A copy of the resolution is attached hereto as a part of these 
minutes. 

Question was raised by Mr. Christian and there was discussion regard- 
ing the authorization recorded in the April 22nd minutes for the 
Chairman to work with the Attorney General to secure v;hatever 
additional assistance might be needed in the pending litigation 
with Coastal. Mr. Christian said the consulting lawyers were not 
working with the Attorney General. Mr. Adams aqreed that the minutes 
were correct, and Mr. Faircloth and others raised the question of 
authority for incurring the expense. Mr. O'Connor said that he and 
Mr. Milledge considered their work terminated when they submitted 
their report. 

On motion by Mr. Conner, seconded by Mr. Dickinson and adopted, the 
Trustees requested that a bill be submitted by the consulting lawyers 
for services rendered. 

Mr. Dickinson made a motion that the Trustees join as a party in the 
suit filed yesterday in the Circuit Court in Palm Beach County by 
the Attorney General in his name on behalf of the people of Florida. 

After discussion, Mr. Christian made a substitute motion that the 
suit be amended in the name of the Trustees and be continued by the 
Attorney General as the legal officer of the State. The motion was 
seconded by Mr. Dickinson and adopted. 

After considerable discussion, explanation of the legal action that 
had been taken, suggestions for additional action that would support 
the state's position and achieve what was desired to be accomplished, 
Mr. Adams felt the Trustees might want to consider a formal resolu- 
tion expressing to the United States the objections of the State of 
Florida, previously registered by telegram advising the Corps of 
Engineers that the state would present its objections at the hearing 
on June 12. 

Motion was made by Mr. Adams, seconded by Mr. Dickinson and adopted 
unanimously, that such a resolution be appropriately drafted and 
forwarded to the Secretary of the Army, so that the position of the 



- 311 - 



state of Florida as a result of the actions taken on this date 
can be clearly defined. 

A copy of the resolution is attached hereto as a part of these 
minutes. 



DADE COUNTY - File No. 2106-13-253.12, Land Sale. 
M. B. Garris on behalf of Leo IVitz, Trustee, applied for 2.65 
acres of sovereignty land in the abandoned Florida East Coast Canal 
in Section 11, Township 52 South, Range 42 East, landward of the 
established bulkhead line in Dade County. 

On April 8, 1969, the Trustees had considered the application and 
authorized advertisement for objections only. Notice of sale was 
published in the Miami Beach Times, proof of publication filed, 
and no objections to the sale were received. 

On motion by Mr. Dickinson, seconded by Mr. Adams and adopted 
unanimously, the Trustees confirmed sale of the advertised parcel 
for the appraised price of $2,650.00 (for the parcel). 



LEE COUNTY - File No. 2146-36-253.12, Land Sale. 
George T. Swartz on behalf of E. H. Jewett et ux, W. M. Miller, 
H. C. Haskell, Jr., and Katherine Hammond, applied for four (4) 
contiguous parcels of sovereignty land in Boca Grande Yacht Basin 
containing a total of 0.63 acre, more or less, abutting Section 14, 
Township 43 South, Range 20 East, Boca Grande, Gasparilla Island, 
landward of the established bulkhead line in Lee County. 

On April 15, 1969, the Trustees considered the application and 
authorized advertisement for objections only. Notice of proposed 
sale was published in the Fort Myers News-Press, proof of publica- 
tion filed, and no objections were received. 

On motion by Mr. Adams, seconded by Mr. Dickinson and adopted, 
the Trustees confirmed sale of the four small parcels to the 
applicants at the appraised prices, listed as follows: 

Parcel A, 0.02 acre valued at $193.00 to W. M. Miller 

Parcel B, 0.22 acre valued at $1,863.00 to E. H. Jewett et ux 

Parcel C, 0.07 acre valued at $593.00 to Harry G. Haskell 

Parcel D, 0.32 acre valued at $2,710.00 to Katherine Hammond. 



PALM BEACH COUNTY - File No. 2187-50-253.03, Dedication. 
By Resolution No. 6-69 dated April 1, 1969, the City of Boca Raton 
applied for a 2.92 acre parcel of sovereignty land between the 
meanders of non-existent Boca Ratones Lagoon abutting Government 
Lot 3, Section 9, Township 47 South, Range 43 East, within the 
City of Boca Raton, Palm Beach County. 

On April 15, 1969, the Trustees authorized advertisement for 
objections only and on the date of preparation of the agenda none 
had been received. However, on May 26 an objection was received 
and the staff requested deferment for checking title information 
to determine if the objection was valid. 

On motion by Mr. Dickinson, seconded by Mr. Adams and adopted 
unanimously, the matter was deferred. 



5-27-69 
- 312 - 



DADE COUNTY - File No. 2189-13-253.12, Application to Purchase. 
S. P. J., Inc., represented by Joseph W. Bradham, Jr., applied to 
purchase a 0.57 acre parcel of sovereignty land in Indian Creek 
abutting Lots 1 through 8, Block 3, Amended Plat of 2nd Oceanfront 
S/D, Plat Book 28, Page 28, Public Records of Dade County, lying 
in Section 11, Township 53 South, Range 42 East, Dade County. The 
application was made for the purpose of supplementing uplands in 
connection with a multi-family housing development. Applicant 
offered to pay the appraised value. 

The biological survey report from Florida Board of Conservation 
dated August 29, 1968, was not adverse to sale and development. 

Application was placed on the agenda for advertisement before an 

appraisal, ordered April 29, 1969, was in hand because of an 

element of time relating to the applicant's efforts to obtain a 

variance permit. The appraiser had indicated that the report 
should be forthcoming in approximately 30 days. 

Staff recommended advertisement for objections only. in the event 
the appraisal is not at hand before the advertised sale date, 
staff will recommend that the application be held in abeyance 
until receipt of the appraisal. 

Motion was made by Mr. Faircloth, seconded by Mr. Adams and adopted 
without objection, that the parcel be advertised for objections 
only. 



MANATEE COUNTY - File No. 21292-41-253.124 - Dredge and Fill Permits 
Leo Mills on behalf of Key Royale, Inc. requested issuance of 
dredge permit under provisions of Section 253.123 Florida Statutes 
for removal of 118,140 cubic yards of material. Payment was 
tendered at the rate of 5<: per cubic yard, as the application 
was filed prior to establishment of the 10* per cubic yard rate. 

Also, applicant requested approval of fill permit issued by the 
City of Holmes Beach under provisions of Section 253.124 Florida 

Statutes. 

The biological survey report from Florida Board of Conservation 
indicated that dredging and filling would not adversely affect 
marine biological resources if certain recommendations were 
followed relative to dredging and filling methods, to reduce 
silting. 

The Trustees deferred action on this application last week for 
review of Interagency Advisory Committee reports of this area. On 
July 18, 1968, said committee deferred action on Area 2 of the 
City of Holmes Beach bulkhead line pending a biological survey 
report (mentioned above) . By action on August 20, 1968, the 
Interagency Advisory Committee reconfirmed the bulkhead line 
location in Area 2. 

On motion by Mr. Adams, seconded by Mr. Faircloth and adopted 
without objection, the Trustees authorized issuance of the dredge 
permit for the material requested and approved the fill permit 
issued by the City of Holmes Beach, subject to compliance with 
the Board of Conservation recommendations as to dredging and filling 
methods to prevent siltation. 



5-27-69 

- 313 - 



LEE COUNTY - Fill Permit, Section 253.124 Florida Statutes, 

File NO. 24693 (2025-36) - 253.124 
Grafton Development Corporation, represented by Richard D. DeBoest, 
requested approval of a fill permit issued by Lee County on May 
7, 1969, to truck in material to fill 0.311 acre parcel of sub- 
merged land purchased under provisions of Chapter 67-393, Laws of 
Florida. The biological survey report from the Board of Conserva- 
tion dated March 17, 1967, prepared in connection with establish- 
ment of the bulkhead line, was not adverse. 

The Trustees deferred action last week on this application pending 
review of interagency Advisory Committee recommendations as to 
bulkhead line locations. On July 23, 1968, the Interagency 
Committee unanimously reaffirmed the bulkhead line location 
applicable to this area. 

On motion by Mr. Adams, seconded by Mr. Christian and adopted 
without objection, the Trustees approved the fill permit. 



BAY COUNTY - Dredge Permit, To Improve Navigation, 

Section 253.123 Florida Statutes. 
Joseph Ikeguchi, General Manager of Akima International, inc., 
applied for permit to construct a navigation channel 40 feet wide 
by 5 feet deep by 1600 feet long in North Bay to provide access 
to applicant's upland in Section 24, Township 3 South, Range 15 
West, Bay County. The material removed would be deposited on 
applicant's upland property. 

The Florida Board of Conservation biological report indicated 
that subject area was well vegetated and while destruction of the 
area was not in the best interests of marine conservation, the 
proposed channel would provide needed access to applicant's upland, 

On motion by Mr. Adams, seconded by Mr. Dickinson and adopted, 
the Trustees authorized issuance of the dredge permit requested. 



DIXIE COUNTY - Dredge Permit, Section 253.123 Florida Statutes. 
J. M* McKinney applied for permit to connect two upland canals 
with Demory Creek at the Suwannee River in Sections 19 and 20, 
Township 13 South, Range 12 East, Dixie County. The material 
removed in making the canal connections would be deposited on 
applicant's upland. 

Florida Board of Conservation biological report indicated that the 
area was not a nursery or feeding ground for marine life, and the 
small amount of dredging to connect the proposed canals to Demory 
Creek would in itself not have significant adverse effects on 
marine life. 

On motion by Mr. Christian, seconded by Mr. Conner and adopted, 
the Trustees authorized issuance of the dredge permit. 



ESCAMBIA COUNTY - Dredge Permit, Section 253.123 Florida Statutes. 
John G. Cowley, General Manager of Pensacola Beach, applied on 
behalf of said Beach, administered by Santa Rosa Island Authority, 
an agency of Escambia County, for a permit to do maintenance dredg- 
ing to remove two shoals in the channel connecting Santa Rosa 



5-27-69 
- 314 - 



Sound with Little Sabine Bay. The material removed would be placed 
on the Santa Rosa Island Authority upland. 

Staff requested waiver of requirement for a biological study as 
provided in Section 253 .122 (3) (a) , since the public need would be 
served. 

On motion by Mr. Adams, seconded by Mr. Dickinson and adopted, the 
Trustees authorized issuance of the dredging permit. 



ESCAMBIA COUNTY - Marina and Boat Basin, File No. 249 

Dock Permit, Section 253.03 and 

Dredge Permit, Section 253.123 Florida Statutes. 
Jack M. Merritt for Merritt Marina & Marina Supplies of Pensacola, 
Florida, applied for permit to amend his original permit to allow 
construction of an addition to the existing facility and a 
perimeter wave screen, and to perform maintenance dredging inside 
the existing boat basin in Big Lagoon adjacent to applicant's 
upland property in Section 24, Township 3 South, Range 31 West, 
Escambia county. The material removed would be placed on appli- 
cant' s upland. 

All required exhibits, including $100.00 processing fee for a state 
commercial dock permit, were furnished. 

The Florida Board of Conservation biological report indicated the 
sandy and unvegetated dredge area should not be adversely affected 
with respect to marine life, by the proposed work. 

On motion by Mr. Conner, seconded by Mr. Dickinson and adopted, the 
Trustees authorized issuance of the dredge permit and approved 
dock permit for $100.00 processing charge. 



ESCAMBIA COUNTY - Dredge Permit, Section 253.123 Florida Statutes. 
Frank K. Hubbard, Rod & Reel Lodge Marina, Inc., applied for permit 
to dredge to improve navigation adjacent to existing piers in Big 
Lagoon adjacent to applicant's upland in Section 24, Township 3 
South, Range 31 West, Escambia County. Material removed would be 
placed on applicant's upland. 

Florida Board of Conservation biological report indicated that the 
dredge area to the west of existing piers was sandy and unvegetated, 
that the dredge area to the east of the piers was vegetated and a 
nursery and feeding ground. While destruction of the vegetated 
area would not be in the best interest of conservation, there was 
an apparent need for improvement of the marina facility as boats 
had difficulty entering and leaving because of shallow water. 

Motion was made by Mr. Christian, seconded by Mr. Dickinson and 
adopted, that the Trustees authorize issuance of the dredge permit 
to improve navigation. 



OKALOOSA COUNTY - Dredge Permit, Section 253.123 F.S., File 229. 
Donald K. Plank applied for permit to construct a navigation 
channel 15 feetwide by 4 feet deep by 40 feet long in Dons Bayou 
in Section 1, Township 2 South, Range 24 West, Okaloosa County. 
The material removed would be deposited on upland. 



5-27-69 

- 315 - 



The Florida Board of Conservation report indicated that the area 
was not a nursery or feeding ground and the small channel should 
not have significant adverse effects on marine life. 

Motion was made by Mr. Adams, seconded by Mr. Dickinson and 
adopted unanimously, that the dredge permit be authorized. 



DADE COUNTY - Dredge Permit, Section 253.123 Florida Statutes. 
F. D. R. Park, Water Control Engineer, Metropolitan Dade County 
Public Works Department, applied for permits for two submarine 
cables crossing the Miami River, to provide electrical service 
to the east span of the Northwest Fifth Street bascule bridge. 

Staff requested waiver of the biological study as provided under 
Section 253.123(3) (a) since the public need would be served. 

On motion by Mr. Adams, seconded by I4r . Dickinson and adopted, the 
Trustees authorized issuance of dredge permit for the submarine 
cable installation. 



PINELLAS COUNTY - Dredge Permit, Section 253.123 Florida Statutes. 
M. W. Gilliam, Liaison Engineer, Florida Power Corporation of St. 
Petersburg, Florida, applied for permit to install a submarine 
cable across Johns Pass in Section 15, Township 31 South, Range 15 
East, Pinellas County. 

Florida Board of Conservation biological report indicated that the 
proposed submarine cable crossing would have no significant 
adverse effects on marine life. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted, the 
Trustees approved the application. 



ST. LUCIE COUNTY - Dock Permit, Section 253.03 Florida Statutes. 
Louis Fisher and The Estate of Edson Arnold (deceased) , represented 
by James L. Beindorf and Associates, applied for permit to 
construct commercial dock in the Indian River adjacent to the 
applicant's upland in Section 34, Township 34 South, Range 40 
East, St. Lucie County. All required exhibits and $100.00 
processing fee were submitted. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted, the 
Trustees approved the application. 



SARASOTA COUIvITY - Dock Permit, Section 253.03 Florida Statutes. 
The Yacht Club, Inc., by its Secretary, William H. Stockham, 
Sarasota, Floi^ida, applied for a commercial state dock permit 
authorizing removal of an existing dock and replacement with a new 
dock in Sarasota Bay adjacent to applicant's upland property in 
Section 26, Township 36 South, Range 17 East, Sarasota County. 
All required exhibits and $100.00 processing fee were submitted. 

On motion by Mr. Dickinson, seconded by Mr. Adams and adopted, the 
Trustees approved the application. 



5-27-6« 
- 316 - 



PINELLAS COUNTY - Dock Permit, Section 253.03 Florida Statutes. 
Pinellas County Water and Navigation Control Authority approved the 
issuance of a commercial dock permit to Jeff A. Hedden, Sr., 
Trustee, dA»/a Crystal Bay Mobile Homes Estate, Palm Harbor, 
Florida, for construction of a dock in Avery Bayou adjacent to 
applicant's upland property in Section 35, Township 27 South, Range 
15 East, Pinellas County. All required exhibits and $100.00 
processing fee for state permit had been furnished. 

On motion by Mr. Christian, seconded by Mr. Dickinson and adopted, 
the Trustees authorized issuance of the state commercial dock permit. 



PUTNAM COUNTY - Swan Lake Investigation. 

The application of Carl C. Carnes to purchase alleged illegally 
filled lake bottoms in Swan Lake in Putnam County, which was recom- 
mended for advertisement only on the agenda of May 13, 1969, was 
denied by the Trustees in meeting on that date. The staff was 
directed to investigate the entire lake for illegal dredging 
activities and to report back in two weeks. 

Staff requested additional time of approximately three weeks to 
complete the investigation before placing the matter on the agenda. 
Mr. Smith stated that the staff recommendations would be cleared 
with the Attorney General. 

On motion by Mr. Conner, seconded by Mr. Adams and adopted, the 
Trustees extended the time for completion of the investigation 
before further consideration. 



MONROE COUNTY - Quitclaim Deed, Section 253.12(6) Florida Statutes 

File NO. 2167-44-253.12(6) 
James M. Hickman, et ux, represented by James T. Glass, requested 
issuance of quitclaim deed to a parcel of sovereignty land contain- 
ing 0.032 acre that was filled prior to June 11, 1957, abutting a 
portion of Block 5, Amended Plat of Tavernier Beach, Plat Book 1, 
Page 201, Public Records of Monroe County, in Section 34, Township 
62 South, Range 38 East, Monroe County. 

Under the provisions of Section 253.12(6), it is mandatory to 
convey sovereignty lands filled prior to June 11, 1957, for the 
appraised value of such lands as they existed prior to filling. 
A parcel of sovereignty land sold by the Trustees on October 21, 
1958 (Trustees Deed No. 21937(331-44), immediately adjacent to 
subject parcel, was valued at the rate of $300.00 per acre. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted, the 
Trustees authorized issuance of quitclaim deed for minimum 
consideration of $100.00. 



PALM BEACH COUNTY - Disclaimer, File No. 2208-50-253.129. 
Frank McGee, et ux, et al, represented by George R. Brockway, 
requested issuance of a disclaimer to 3.82 acres of sovereignty 
land filled prior to enactment of Chapter 57-362, Laws of Florida, 
abutting applicants' uplands in the North 400 feet of the South 600 
feet of the N^s of Government Lot 2, Section 35, Township 44 South, 
Range 43 East, Palm Beach County, 



5-27-69 



- 317 - 



On motion by Mr. Dickinson, seconded by Mr. Adams and adopted, the 
Trustees authorized issuance of disclaimer for the usual $100.00 
processing fee. 



BAY CX3UNTY - Easement, File No. 2205-03-253.03. 

Panama City Port Authority requested permanent spoil easement in 
St. Andrews Bay covering 10.33 acres adjacent to Section 34, Town- 
ship 3 South, Range 15 West, Bay County. 

Biological survey report from the Board of Conservation was not 
adverse to the proposed spoiling in the area selected. 

On motion by Mr. Dickinson, seconded by Mr. Adams and adopted, the 
Trustees authorized issuance of the spoil easement. 



MONROE COUNTY - Easement for Right of Way. 

The State Road Department requested dedication of right of way over 
bottoms in Florida Bay in Sections 33 and 34, Township 65 South, 
Range 30 East, Monroe County, between Spanish Harbor Key and Bahia 
Honda Key, Parcel No. 101.1, Section 90030-2501, State Road 5. 

Florida Board of Conservation survey report indicated that the 
filling needed for the new bridge and road alignments would cause 
limited adverse effects on marine habitats but there were no alter- 
natives because the entire project area and vicinity were productive 
vegetated habitats for marine life. 

It was planned that the old bridge would remain as an attraction 
for fishermen and fish after the badly needed new bridge was 
completed. 

On motion by Mr. Dickinson, seconded by Mr. Adams and adopted, the 
Trustees authorized issuance of dedication instrument for the right 
of way needed by the State Road Department. 



PINELLAS COUNTY - Easement for Right of Way. 

The State Road Department requested dedication of right of way 
over bottoms in Johns Pass in Section 15, Township 31 South, Range 
15 East, Pinellas County, Parcel No. 100.1, Section 15100-2509, 
State Road 599, containing 3.00 acres, more or less. No filling 
or dredging was contemplated. 

On motion by Mr. Dickinson, seconded by Mr. Adams and adopted, the 
Trustees authorized issuance of dedication instrument for the 
right of way needed by the State Road Department. 



PINELLAS COUNTY - Canal Right of Way Easement. 

Southwest Florida Water Management District requested additional 
right of way for LakeTarpon Outfall Canal over sovereignty land in 
Safety Harbor (Possum Creek Branch) in Section 22, Township 28 
South, Range 16 East, Pinellas County. The additional 13.05 acres 
would supplement right of way previously acquired. On February 15, 
1966, the Trustees had authorized issuance of Right of Way 
Easement Instrument No. 24211 for the canal. 



5-27-69 
- 318 - 



On motion by Mr. Dickinson, seconded by Mr. Conner and adopted, the 
Trustees authorized issuance of easement for the additional right 
of way. 



MONROE COUNTY - Release Public Purpose Covenants. 

The City of Key West and Mr. A. E. Golan, represented by Mr. Edward 
B. Knight, applied for release of public purpose covenants as to 
certain land conveyed by the Trustees in Deed No. 19550 dated 
December 27, 1949. 

By action on February 15, 1966, the Trustees authorized release of 
restrictive covenants as to a 4.92 acre parcel (actually embracing 
4.80 acres) lying within said deed. To date, by virtue of Trustees 
Quitclaim Deed No. 19550-A, only 1.80 acres have been released from 
the covenant. In consideration for such release, the city conveyed 
a 4.92-acre parcel (actually embracing 5.41 acres) to the Trustees 
that had been obtained through a trade. The Trustees reconveyed 
the 4.92-acre parcel by virtue of Deed No. 19547-Supplemental to 
the city encumbered with a public purpose covenant. 

The applicants desired to have the remaining acres released on an 
acre-per-acre basis to balance off as evenly as practicable such 
areas encumbered with restrictions against areas subject to release. 
As additional consideration, Mr. Golan would convey approximately 
5.5 acres of land to the City of Key West. 

In support of the request by the City of Key West and Mr. Golan, 
a surveyor's affidavit had been submitted attesting to the 
discrepancy in acreage; Resolution No. 68-87 adopted by the City 
of Key West agreeing to an exchange of lands and requiring a 
release, and title certificates of the subject parcels were 
furnished. The Trustees' staff recommended that the releases be 
granted. 

On motion made by Mr. Adams, seconded by Mr. Williams and adopted 
unanimously, the Trustees authorized release of the public purpose 
covenants to the City of Key West covering 1.295 acres and to A. E. 
Golan covering 2.529 acres. 



MONROE COUNTY - Sand Lease Application. 

J. F. Thomson, President, Allied Electrical Co., Inc., applied for 
a commercial sand lease on two areas offshore from Boca Chica Key 
and the Island of Key West, offering 15<: per cubic yard for all 
sand removed. 

A biological report from the Board of Conservation indicated that 
area #1 on east side of Boca Chica channel was devoid of any 
seagrass but the surrounding areas were well vegetated, and area 
#2 on northeasterly side of Northwest Channel approximately 3^ 
miles northwest of Key West had sandy bottoms where dredging should 
not have serious effects. 

An inspection by the Beaches and Shores Division of the Board of 
Conservation indicated that a hydrographic study was not necessary 
but recommended that dredging should not be conducted within 1000 
feet of the shoreline in area #1. 

Staff recommended issuance of 3-year lease subject to cancellation 
after 60-day written notice, royalty of 20<: per cubic yard, $250.00 
annual minimum, and a surety bond of $3,000.00 subject to review 



5-27-69 

- 319 - 



of the Attorney General. 

On motion by Mr. Christian, seconded by Mr. Williams and adopted, 
the Trustees approved the staff recommendations as the action of 
the board. 



SHELL LEASE REPORT - On motion by Mr. Williams, duly adopted, the 
Trustees received for the record the following report of remittances 
received by Florida Board of Conservation from holders of dead 
shell leases: 

Lease No. Name of Company Amount 

1718 Radcliff Materials, Inc. $ 9,242.73 

1788 Benton and Company 11,314.17 
2233 Bay Dredging and Construction 

Company 7,100.63 



MONROE COUNTY - Secretary of State Tom Adams called attention to 
a matter deferred on June 4, 1968, an application for permit to 
take material from a submerged land area between Stock Island and 
Raccoon Key. He said it involved a considerable amount of dredged 
material, some of which was used by the Junior College, that it 
involved after-the-fact request and offer was made of 12<: per cubic 
yard, but that now he understood an offer had been made of 40<;: a 
cubic yard if the material could be made available soon. Mr. Adams 
suggested advertisement for bids and sale to the high bidder, if 
the material was not needed by the state for the Junior College 
or other purposes. 

Mr. Smith said the staff had been working on the matter, had 
written to Mr. Toppino (who applied for permit in 1968), had asked 
for legal advice from the Attorney General. 

Motion was made by Mr .Adams and seconded by Mr. Christian that the 
material be advertised for bids and sold, if not needed by the 
state, subject to approval of the Attorney General. The motion 
was adopted. 

Mr. Faircloth said it would enable the state to receive more for 
the material, that illegal dredging and filling should be penalized 
in every possible way. 



BISCAYNE NATIONAL MONUMENT, DADE COUNTY . 

Commissioner of Education Christian called attention to notice 
received by the Cabinet from the Mayor of Islandia taking the 
position that the resolution adopted on May 20, 1969, regarding 
Biscayne National Monument failed to meet the requirements of 
Section 253.02, Section 2, of the Florida Statutes, as five affir- 
mative votes are required to sell or dispose of property. He 
suggested that the legal grounds be reviewed and a determination 
made, and the matter be reconsidered if there was a legal question. 
On May 20 the vote had been four to two, and one member had been 
absent. 

Mr. Conner said he had received much mail on the subject, that he 
hoped there could be some sort of simultaneous conveyance and 
that citizens could be protected from any delay such as a five or 
ten year acquisition period. 



5-27-69 
- 320 - 



There was no action taken. 



On motion duly adopted, the meeting was 



ATTEST: 



V OreECTOR V 




******* 

TRUSTEES OF THE INTERNAL IMPROVEMENT FUND 
OF THE STATE OF FLORIDA 

RESOLUTION 



WHEREAS, the Trustees of the Internal Improvement Trust Fund 
are vested with ownership of the sovereignty lands of the State of 
Florida and are charged with a duty of trust to administer these 
lands in the public interest of all citizens of the State of 
Florida, and, 

WHEREAS, the Trustees on February 27, 1947, entered into 
drilling Lease No. 248 As Modified with Coastal Petroleum Company 
for the purpose of development of the oil and gas resources of the 
State of Florida in the areas designated in said lease, and, 

WHEREAS, there has been no drilling or allocated drilling by 
lessee within the areas covered by this lease from December 19, 
1959, to the present, and, 

WHEREAS, there has not been reasonable development by lessee 
of the oil and gas resources underlying the land described in the 
lease, and, 

WHEREAS, lessee has not demonstrated due diligence in the 
development of the resources contemplated in the lease, and, 

WHEREAS, these failures constitute breaches of covenant by 
lessee and failures of conditions necessary for continuance and 
renewal of the lease, and, 

WHEREAS, each of the above mentioned failures constitutes a 
separate and independent basis for the termination of this lease, 
and, 

WHEREAS, by reason of the foregoing the Trustees consider 
that lessee has not conducted operations in compliance with the 
lease and whereas the Trustees have notified the lessee in writing 
on April 22, 1969, of the facts constituting such breach and 
whereas the lessee has not commenced compliance within thirty 
days after such notification or pursued any compliance to the 
satisfaction of the Trustees, 

NOW, THEREFORE, The Trustees do hereby declare that Drilling 
Lease No. 248 As Modified is in default in its entirety, and 
declare the lease and all lessee's rights thereunder terminated. 

IN WITNESS WHEREOF we place our hands and seals this 27th 

5-27-69 

- 321 - 



day of May, A. D. 1969. 



(s) CLAUDE R. KIRK, JR. 
Governor 

(s) TOM ADAMS 

Secretary of State 

(s) EARL FAIRCLOTH 

Attorney General 

(s) FRED 0. DICKINSON, JR. 
Comptroller 

(s) BROWARD WILLIAMS 
Treasurer 

(s) FLOYD T. CHRISTIAN 
(SEAL) Commissioner of Education 

Trustees of the Internal 
Improvement Fund (s) DOYLE CONNER 

Commissioner of Agriculture 

As and Constituting the TRUSTEES OF 
THE INTERNAL IMPROVEMENT FUND OF 
THE STATE OF FLORIDA 

******* 

TRUSTEES OF THE INTERNAL IMPROVEMENT FUND 
OF THE STATE OF FLORIDA 

RESOLUTION 

WHEREAS, the Trustees of the Internal Improvement Trust Fund 
are vested with ownership of the sovereignty lands of the State of 
Florida and are charged with a duty of trust to administer these 
lands in the public interest of all citizens of the State of 
Florida, and, 

WHEREAS, the Trustees on February 27, 1947, entered into 
Drilling Lease No. 248 As Modified with Coastal Petroleum Company 
for the purpose of development of the oil and gas resources of the 
State of Florida in the areas designated in said lease, and, 

WHEREAS, Coastal Petroleum Company has not obtained the 
requisite permission from the appropriate Board of County Commis- 
sioners of the affected counties or from the Trustees of the 
Internal Improvement Trust Fund or from the Central and Southern 
Florida Flood Control District, and furthermore has announced 
publicly that it intends to proceed with its dredging operations 
in Lake Okeechobee without obtaining such permission contrary to 
the laws of the State of Florida, and, 

WHEREAS, Drilling Lease No. 248 As Modified does not contem- 
plate dredging to obtain aggregate or fill or for similar purposes, 
and, 

WHEREAS, Drilling Lease No. 248 As Modified according to its 
terms and provisions has this date been declared by these Trustees 
to be in default and terminated in its entirety and all lessee's 
rights thereunder terminated, and. 



5-27-69 
- 322 - 



WHEREAS, the proposed dredging operations of Coastal Petroleum 
Company will, or may, cause irreparable injury to the waters, lands 
and people of the State of Florida as follows: pollution of the 
Lake Okeechobee water supply, damage to commercial fisheries in 
said lake, interference with flood control operations, damage to 
sport fishing, damage to wild birds and other wildlife, interference 
with navigation and interference with various other recreational 
uses of Lake Okeechobee, 

NOW, THEREFORE, it is resolved that Governor Claude R. Kirk, 
Jr., communicate these facts on behalf of these Trustees to the 
Secretary of the Army of the United States with reference to the 
public hearing scheduled for June 12, 1969, by the Army Corps of 
Engineers on Coastal Petroleum Company's application for a permit 
to dredge in Lake Okeechobee. 

IN WITNESS ^VHEREOF we place our hands and seals this 27th day 
of May, A. D. 1969. 

(s) CLAUDE R. KIRK, JR. 
Governor 

(s) TOM ADAMS 

Secretary of State 

(s) EARL FAIRCLOTH 

Attorney General 

(s) FRED 0. DICKINSON, JR. 
Comptroller 

(s) BROWARD WILLIAMS 
Treasurer 

(s) FLOYD T. CHRISTIAN 

Commissioner of Education 

(s) DOYLE CONNER 

Commissioner of Agriculture 

As and Constituting the TRUSTEES 
OF THE INTERNAL IMPROVEMENT FUND 
OF THE STATE OF FLORIDA 

**** ******** ^^^^ 

Tallahassee, Florida 
June 3, 1969 



The Trustees of the Internal Improvement Fund met on this date in 
the office of the Governor in the Capitol. The following members 
were present: 

Claude R. Kirk, Jr. Governor 

Tom Adams Secretary of State 

Earl Faircloth Attorney General 

Fred O. Dickinson, Jr. Comptroller 

Broward Williams Treasurer 

Floyd T. Christian Commissioner of Education 

Doyle Conner Commissioner of Agriculture 



6-3-69 



- 323 - 



Randolph Hodges Director 



On motion duly adopted, the Trustees approved the minutes of the 
meeting of May 27, 1969. 



BREVARD COUNTY - Bulkhead Line, Section 253.122 Florida Statutes. 
The Board of County Commissioners of Brevard County by resolution 
adopted July 3, 1968, fixed a bulkhead line along the north side 
of the Banana River Bridge on Merritt Island adjacent to an exist- 
ing barge canal in Section 9, Township 24 South, Range 37 East, 
Brevard County. All required exhibits were furnished and the 
records showed no objections at the local hearing. 

Biological survey report from Florida Board of Conservation 
indicated no significant harm to marine resources; however, should 
future dredging and filling be planned, the area should be diked 
to prevent siltation of surrounding areas. 

Staff recommended exception of that portion that crossed the right 
of way for Bennett Causeway (State Road 528) . 

Motion was made by Mr. Faircloth, seconded by Mr. Williams and 
adopted unanimously, that the bulkhead line be approved except that 
portion that crossed the said right of way. 



PINELLAS COUNTY - Bulkhead Line, Section 253.122 Florida Statutes. 
The Pinellas County Water and Navigation Control Authority in 
meeting on August 13, 1968, approved the bulkhead line established 
by the Town of South Pasadena in Boca Ciega Bay north of old Corey 
Causeway in Sections 30 and 31, Township 31 South, Range 16 East, 
and in Sections 25 and 36, Township 31 South, Range 15 East, 
Pinellas County, subject to restriction imposed by the Florida 
Board of Conservation. There were no objections at the local 
hearing. 

The Florida Board of Conservation biological survey report indicated 
that establishment of the proposed bulkhead line and subsequent 
filling would not cause significant damage to the marine resources 
in the area provided certain restrictions were followed in develop- 
ment, as follows: (1) oysters on the north end of the east island 
should be moved before seawalls are built; (2) the canal between 
the islands should not be filled so that tidal currents will not 
be lessened; (3) all fill material should be trucked in and/or 
dredged from inside the bulkhead line; and (4) any fill areas 
should be diked, to minimize siltation of adjacent waters and 
bottoms . 

The bulkhead line was established along the mean high water line 
except where it crossed existing canals and where it was located 
to make a smooth transition from land to land across potential 
debris-catching pockets. The bulkhead line was not in that area 
of Boca Ciega Bay proposed to be set aside as an aquatic preserve 
as recommended by the Interagency Committee Report No. 2. House 
Bill No. 1502 and Senate Bill No. 1151 were introduced to estab- 
lish Boca Ciega Bay as an aquatic preserve. 

On motion by Mr. Christian, seconded by Mr. Williams and adopted 



6-3-69 
- 324 - 



unanimously, the Trustees approved the bulkhead line as located by 
Pinellas County. 



CITRUS COUNTY - File No. 2188-09-253.12, To Be Advertised. 
Charles Kofmehl made application to purchase a parcel of heretofore 
filled sovereignty land abutting Government Lot 4, Section 21, Town- 
ship 18 South, Range 17 East, containing 1.628 acres in the City 
of Crystal River, Citrus County. The applicant offered the appraised 
value of $4,761.44 per acre for the land to be used in connection 
with enlarging the present marina. 

The Florida Board of Conservation survey report indicated that the 
submerged lands should not incur significant adverse effects within 
the limits of the proposed bulkhead line. The Interagency Advisory 
Committee recommended that the bulkhead line be set at the line of 
mean high v;ater; and the bulkhead line for the application area 
was approved by the Trustees on April 8, 1969, approximately at the 
mean high water line. 

Staff recommended advertisement for objections only, and Mr. 
Williams made a motion that this be done. 

Mr. Adams said the board should adopt some uniform procedure to 
insure the review of bulkhead lines in counties and municipalities 
and conformance of lines with recommendations of the Interagency 
report. He pointed out that the Trustees could defer action on any 
application until the local governing body had brought its entire 
bulkhead line into conformity, that it appeared that some counties 
had not conformed but had just stated that they wanted the bulkhead 
lines to remain where they were - and he did not intend to vote for 
any dredge, fill or other applications involving bulkhead lines 
that did not conform to the Interagency report. Consideration of 
only those applications where the lines complied with the Interagency 
recommendations would be the means of compelling local governments 
to conform, Mr. Adams stated. 

The Director noted that the Interagency report recommended that the 
bulkhead lines be either at the high water line or be justified as 
being in the public interest - and who was to decide what was in 
the public interest. Governor Kirk said it should be proven to 
the Trustees, and asked for a list showing which local governing 
bodies had complied. 

Mr. Christian expressed the feeling that there would be some excep- 
tions, that some counties had advised that they were unable to 
budget the large sums needed for review or revision of all their 
bulkhead lines which would involve a great deal of surveying and 
work a hardship on local boards, that where they were deliberately 
dilatory he would agree with Mr. Adams but other extenuating 
circumstances should be considered, also. He asked that the list 
show counties that had complied, those that had responded but were 
not in complete compliance with the Interagency Advisory Committee 
recommendations . 

It was noted that the subject application was within the bulkhead 
line set by the City of Crystal River approximately at the mean 
high water line. 

The motion made by Mr. Williams to advertise the subject land for 
objections only was seconded by Mr. Christian and adopted because, 
the Governor noted, the City of Crystal River had complied with 
Interagency recommendations. 



6-3-69 

- 325 - 



CITRUS COUNTY - File No. 2175-09-253.12, To Be Advertised. 
Edwin M. Purcell made application to purchase a parcel of hereto- 
fore filled sovereignty land abutting Government Lot 5, Section 
21, Township 18 South, Range 17 East, containing 0.849 acre in 
the City of Crystal River in Citrus County. He offered the 
appraised value of $4,153.22 per acre for the land to be used in 
connection with enlarging the present marina operation. 

The Florida Board of Conservation biological survey report indicated 
that the submerged lands should not incur significant adverse 
effects within the limits of the proposed bulkhead line. The 
Interagency Advisory Committee recommended that the line be set 
at the line of mean high water; and the bulkhead line approved by 
the Trustees on April 8, 1969, in the subject area was located 
approximately at mean high water line. 

On motion by Mr. Adeims, seconded by Mr. Williams and adopted, the 
Trustees authorized advertisement of the land for objections only. 



PALM BEACH COUNTY - File No. 2187-50-253.03, Dedication. 
The City of Boca Raton by Resolution No. 6-69 adopted April 1, 
1969, had applied for a 2.92 acre parcel of sovereignty land 
between the meander lines of non-existent Boca Ratones Lagoon 
abutting a portion of Government Lot 3, Section 9, Township 47 
South, Range 43 East, Palm Beach County. The Trustees on April 
15, 1969, authorized advertisement of the parcel for objections 
only. 

On behalf of Nellie B. Harvey Winchester Phillips, et al, objec- 
tion to the sale was filed by Mr . C. Robert Burns, an attorney, 
who was present on this date to express his clients' claim to 
title to said Government Lot 3. 

On May 27 the staff had requested deferment until it could be 
determined if the objection was valid. Title report was submitted 
by the applicant showing that the city owned the subject lot and 
by telephone conversation J. P. Vansant, the Director of Engineering 
for the City of Boca Raton, had assured the staff that title 
insurance had been secured by the city and a copy of title policy 
No. PT029596 was mailed to the Trustees' office. Staff recommended 
that the objections be overruled and the city's application 
approved. 

Mr. Burns commented on the history of his clients' ownership from 
purchase by a predecessor in title in about 1925, said that for 
many years it was not realized that any part of the government lot 
lay on the east side of the waterway, that the objectors claimed 
to be the owners of that part of the upland that the city claims 
to own by a Murphy Act tax deed issued in 1941, that he was ready 
to file suit if the Trustees denied his objection. 

Motion was made by Mr. Faircloth, seconded by Mr. Williams and 
adopted, that the objection be overruled and dedication to the City 
of Boca Raton of the advertised parcel be confirmed. 



BREVARD COUNTY - Dredge Permit, Section 253.123 F. S. 
Charles D. Crisafulli, C & C Development Corp., applied for 
permission to construct a navigation channel 50 feet wide by 5 
feet deep by 1175 feet in length, to connect an existing canal 



6-3-69 
- 326 - 



on applicant's upland in Section 3, Township 24 South, Range 36 
East, Brevard County. 

The Florida Board of Conservation biological study indicated that 
the dredge area was vegetated and if the proposed 50 foot wide 
channel were reduced to 30 or 40 feet, more seagrass could be 
conserved; also, for future projects in the shallow section of 
the Indian River a perimeter channel parallel to shore with periodic 
access channels to deeper water was suggested as an aid to naviga- 
tion. 

Staff recommended approval of a channel 40 feet wide by 5 feet deep 
to minimize damage to marine resources. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted, the 
Trustees authorized issuance of dredge permit for the channel as 
recommended by the staff. 



ESCAMBIA COUNTY - Dredge Permit, Section 253.123 F. S. 
The Commanding Officer of Naval Air Station at Pensacola, Florida, 
applied for permit to perform maintenance dredging in the docking 
area between Piers 302 and 303 at the Naval Air Station in Pensacola 
Bay, Escambia County. The material removed was to be placed on 
the Navy's existing spoil area. 

Staff requested waiver of the biological study as provided in 
Section 253 .123 (3) (a) Florida Statutes. 

On motion by Mr. Adams, seconded by Mr. Faircloth and adopted 
without objection, the Trustees authorized issuance of the dredge 
permit for maintenance dredging. 



LEE COUNTY - Dredge Permit, Section 253.123 F. S. 

Sunny Groves Mobile Home Park, represented by Duane Hall & Asso- 
ciates, applied for permission to connect an upland canal to the 
Estero River in Section 28, Township 46 South, Range 25 East, in 
Lee County. 

The Florida Board of Conservation biological study indicated no 
objection to the project provided the canal banks were stabilized 
to avoid erosion and subsequent silting of the river. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted 
without objection, the Trustees approved the application subject 
to stabilization of canal banks to prevent erosion and siltation. 



PALM BEACH COUNTY - Dredge Permit, Section 253.123 F. S. 

South Lake Worth Inlet District, represented by Gee & Jenson 
Consulting Engineers, Inc., applied for permit authorizing removal 
of 50,000 cubic yards of material from the middle shoal area east 
of the Intracoastal Waterway south of South Lake Worth Inlet in 
Lake Worth in Section 15, Township 43 South, Range 43 East, Palm 
Beach County. The material removed would be used to nourish a 
1500 foot strip of beach in Sections 15 and 22, Township 43 South, 
Range 43 East, lying south of the South Jetty of the South Lake 
worth Inlet. 



6-3-69 

- 327 



The project was approved by the Florida Board of Conservation, 
Division of Beaches and Shores. Staff requested waiver of 
biological study as provided under Section 253 .123 (3) (a) Florida 
Statutes. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted without 
objection, the Trustees approved the application for dredge permit. 



SARASOTA COUNTY - Dredge Permit, Section 253.123 F. S. 

L. E. Avant, Jr., Division Engineer, on behalf of General Telephone 
Company of Florida, applied for permit to install a siabmarine cable 
crossing Lemon Bay between Fray Street in Englewood, Florida, and 
Manasota Key in Section 25, 35 and 36, Township 40 South, Range 19 
East, Sarasota County. 

The Florida Board of conservation biological study indicated no 
adverse effects to marine life or habitats from the proposed work. 

On motion by Mr. Williams, duly adopted, the Trustees approved the 
application for installation of submarine cable. 



VOLUSIA COUNTY - Dredge Permit, Section 253.123 F. S. 

G. B. Prime, Division Engineer for Florida Power & Light Company of 
Daytona Beach, Florida, applied for permit for installation of two 
submarine cables across the Halifax River in Section 23, Township 
14 South, Range 32 East, Volusia County. 

Florida Board of Conservation biological report indicated that 
installation of the submarine cables across the river would not 
adversely affect marine resources in the area. 

On motion by Mr. Christian, seconded by Mr. Williams and adopted 
without objection, the Trustees approved the application for dredge 
permit. 



VOLUSIA COUNTY - Dredge Permit, Section 253.123 F. S. 

William A. Cross, City Engineer of Ormond Beach, applied for permit 
for maintenance dredging in the city's existing boat basin and 
channel in the Halifax River south of the Ormond Bridge in Township 
14 South, Range 32 East, Volusia County. All material removed 
would be placed on upland property. 

Staff requested waiver of the biological or ecological study as 
provided in Section 253.123(3) (a) since the public needs would be 
served by the maintenance dredging. 

On motion by Mr. Adams, seconded by Mr. Williams and adopted without 
objection, the Trustees approved the application for dredge permit. 



MANATEE COUNTY - Dredge Permit, Section 253.123 F. S. 

Longboat Harbour Apartments, Inc., represented by Henry P. Trawick, 
Jr., applied for permit to temporarily connect a lagoon being 



6-3-69 
- 328 - 



constructed on applicant's upland in Section 31, Township 35 South, 
Range 17 East, with Sarasota Bay in order to facilitate removal of 
cUi inoperative dredge and the moving in of another dredge to complete 
lagoon construction on the upland. An order of the Circuit Court in 
and for Manatee County required the inoperative dredge removed within 
20 days from the date of the order, March 31, 1969. No removal of 
earth was required by the court order beyond the mean high tide mark 
nor any excavation that would lead to a disturbance of or inter- 
ference with submerged lands belonging to the State of Florida. It 
was contemplated that the dredge would be hauled across the shallow 
submerged lands in a manner similar to that employed in bringing the 
dredge into the lagoon. 

The inoperative dredge had filled with water and drew 4 feet; 
therefore, it was not possible to remove the dredge in the same 
manner in which it entered the lagoon. The material removed from 
the temporary lagoon connection would be placed on the applicant's 
upland until the dredge exchange was made, and upon completion the 
material would be replaced in the opening with sufficient material 
in addition to adequately dike the area to prevent silting of the 
offshore waters . 

Applicant had an application pending to construct a navigation 
access channel to the upland. Staff recommended approval of 
temporary permit. 

On motion by Mr. Faircloth, seconded by Mr. Williams and adopted 
without objection, the Trustees approved issuance of the temporary 
permit. 



MONROE COUNTY - Fill Material To Be Advertised. On June 4, 1968, 
the Trustees deferred action on an application for permit by Charley 
Toppino 6e Sons, Inc., to mine rock from state-owned submerged land 
lying between Stock Island and Raccoon Key until the staff could 
report on the application. Title to the submerged area to be mined 
was retained by the state to provide a 500-foot wide piiblic access 
channel. Inspection by the staffs of the Florida Board of Conserva- 
tion and the Trustees indicated that a large amount of rock had 
already been mined, and stockpiled in the subject area, and some 
hauled away. The remainder of the stockpile contained an estimated 
200,000 cubic yards of material. A study was under way to make a 
more accurate estimate of the amount of material removed and the 
amount remaining. 

Two offers were received to purchase the material at 20<: per cubic 
yard. A recent offer of 40<: was made if the permit could be granted 
on June 3, 1969. 

The staff felt that it was in the best interest of the state to 
have the material removed down to the original bottom contour. 
Staff recommended advertising for sealed bids to remove the stock- 
pile within one year with the base bid of 20<: per cubic yard, the 
bids to be received and opened at the Trustees' meeting scheduled 
for Tuesday, June 10, 1969. The Director said the material should 
be moved soon, but meeting legal requirements. 

Mr. Adams said land sales required advertising for a longer period 
of time, but this was a state-owned commodity for which three days 
was sufficient and he thought anybody wanting to bid would be able 
to do so. He said the 40<: per cubic yard offer might still hold 
for a few days. Governor Kirk said it was all right if the board 
was satisfied that sufficient time was allowed for getting realistic 
bidding. 



6-3-69 

- 329 - 



On motion by Mr. Faircloth, duly adopted, the Trustees approved the 
staff recommendation to advertise for sealed bids, to be opened at 
the Trustees' June 10th meeting, for removal of the stockpile within 
one year, with 20<: per cubic yard as base bid. 



POLK COUNTY - The Trustees considered a resolution to be submitted 
to theU. S. Department of Health, Education and Welfare in support 
of the application by the Division of Corrections for transfer of 
a tract of 581.6 acres of land currently being used by the Division 
as the Avon Park Correctional Institution. The land had been 
declared surplus by the United States. 

On motion by Mr. Christian, seconded by Mr. Conner and adopted 
unanimously, the Trustees approved the resolution. 



LAKE COUNTY - Dedication No. 24252. The Board of County Commis- 
sioners of Lake County requested approval for the City of Tavares 
to include within its city limits a wayside park adjacent to State 
Road 500 in Lake Eustis, in order that the city may police and 
protect the site. The State Road Department had approved the 
request at its board meeting on May 22, 1969. 

The Trustees dedicated the 12.07 acre parcel as a public wayside 
park and boat ramp under the supervision of the State Road Depart- 
ment in Dedication No. 24252 dated April 13, 1966. 

On motion by Mr. Adams, seconded by Mr. Christian and adopted 
unanimously, the Trustees granted the request of the Board of 
County commissioners of Lake County. 



PINELLAS COUNTY - Dredge Permit. On motion by Mr. Christian, 
seconded by Mr. Williams and adopted, the Trustees waived the rules 
and considered an emergency request presented by the Director, for 
the removal of spoil material from Maintenance Spoil Area P-28 for 
use on a beach restoration project at Indian Rocks Beach in Pinellas 
County. The Director said the material at a previously designated 
spoil area was found to be unsatisfactory, and issuance of a dredge 
permit for the spoil island site was requested by the U. S. Army 
Corps of Engineers and approved by West Coast Inland Navigation 
District. 

On motion by Mr. Christian, seconded by Mr. Faircloth and adopted 
unanimously, the Trustees approved the application for dredge 
permit. 



COASTAL PETROLEUM LITIGATION - Replying to Governor Kirk's question 
whether any review of the Coastal Petroleum matter was in order. 
Attorney General Faircloth advised that the state presentation was 
set for the scheduled hearing on June 12, 1969, the lawsuit was 
pending, the style of the suit had been changed to the Trustees 
of the Internal Improvement Fund, and he thought it was good to 
continue the suit. 

The Governor asked Mr. Faircloth to review during the week the 
matter of dismissal of the suit and advise the Trustees. 



6-3-69 
- 330 - 



SUBJECTS UNDER CHAPTER 18296 

REFUNDS - Murphy Act Lands. The State Road Department declined to 
reconunend release of state road right of way reservations contained 
in the following numbered Murphy Act deeds, for which releases had 
been requested and fees submitted: 



Murphy Act Deed No . 



Applicant 



Refund 



Dade 010-Ch. 21684 
Dade 2845 and 2846 

Dade 3842 

Lake 275 



G. E. Hartwig $10.00 
Dubbin, Schiff, Berkman 

and Dubbin 30.00 
Dudziak, Dressier, Jaczynski, 

Gaer and Cunningham 10.00 

Gay lord and Ray 10.00 



On motion by Mr. Faircloth, seconded by Mr. Williams and adopted 
unanimously, the Trustees authorized issuance of refunds as listed 
above, to the applicants for the releases. 



DADE COUNTY - Murphy Act Corrective Deed, Report No. 954. 
Attorney Robert A. Koppen, on behalf of Roy V. Owens and wife, 
requested issuance of a supplemental corrective deed to correct the 
name of the grantee in original Dade County Deed No. 3065-EDDJ dated 
March 7, 1945. Grantee in the original deed was Ocean Bay Acreage 
Company, a Florida corporation, which was dissolved prior to the 
date of the said deed. Evidence was furnished showing the chain of 
title. On motion by Mr. Faircloth, seconded by Mr. Williams and 
adopted unanimously, the Trustees approved issuance of the supple- 
mental corrective deed for $25.00 charge. 



On motion duly adopted, the meeting wa 



ATTEST 




* * * 



* * * 



* * * 



6-3-69 



- 331 - 



Tallahassee, Florida 
June 10, 1969 



The Trustees of the Internal Improvement Trust Fund met this date 
in the office of the Governor in the Capitol, with the following 
members present: 

Claude R. Kirk, Jr. Governor 

Tom Adams Secretary of State 

Earl Faircloth Attorney General 

Fred O. Dickinson, Jr. Comptroller 

Broward Williams Treasurer 

Floyd T. Christian Commissioner of Education 

Doyle Conner Commissioner of Agriculture 



Randolph Hodges Director 



On motion duly adopted, the Trustees approved minutes of the 
meeting of June 3, 1969. 



BREVARD COUNTY - File No. 2150-05-253.12. On April 22, 1969, the 
Trustees considered an application from W. Sperry Lee on behalf of 
Wedgewood Enterprises, Inc., for purchase of 9.31 acres of sovereign- 
ty land in Newfound Harbor abutting Government Lot 4, Township 24 
South, Range 36 East, Brevard County. Applicant offered $1,500.00 
per acre for the land which was appraised at $200.00 per acre. The 
Trustees on April 22 authorized advertisement for objections, proof 
of publication of the notice was filed, and no objections to the 
sale were received. 

The Board of Conservation biological survey report was adverse to 
development of the parcel. Adjacent submerged lands previously 
conveyed had been filled or were in the process of being filled. 
The bulkhead line was located offshore to accommodate the proposed 
North-South relief road on Merritt Island. 

The Interagency Advisory Committee report confirmed the bulkhead 
line as located. In reviewing county bulkhead lines as requested 
by the Trustees, Brevard County had divided bulkhead line review 
into three zones; two zones had been reviewed and wherever practi- 
cable bulkhead lines were rolled back to the mean high water line, 
and the third zone was still under study. 

Mr . Adams noted that while the county was taking action in areas 
recommended by the Interagency report, no bulkhead line changes had 
been brought back to the Trustees; that it appeared that approval 
of applications individually would be getting back to the finger 
fill situation. The Director said the bulkhead line applicable to 
this application was not changed, that it conformed to the Interagency 
report. A status report on the response of local governing bodies 
was ready for submission to the Trustees on this date. Mr. Adams 
said there might be areas in each county which had been reviewed 
and action taken pursuant to the Interagency report, not necessarily 
the whole county. He would not be in favor of sales in small, 
isolated spots which appeared inconsistent with the philosophy. 

Mr. Christian said the agenda showed that this bulkhead line 
complied with Interagency recommendations, there was no change in 
the line, and to hold up one application because other sections of 
the county had not complied appeared unfair and he did not see the 
logic. 

6-10-69 
- 332 - 



Governor Kirk expressed the feeling that since the Legislature had 
not provided any law and the counties were not responding, it 
might be in order to re impose the moratorium. 

Mr. Adams first asked for deferment, then withdrew that request and 
said he would vote against it. 

Motion was made by Mr. Dickinson that the application be approved 
bat there was no second to the motion. 

On the vote of Messrs. Adams, Kirk and Williams against confirmation 
of the sale, and Mr. Christian's statement that he would not vote 
and was concerned at action which appeared unfair to the applicant 
and a hardship on the county, the sale was not confirmed. 



DADE COUNTY - File No. 2094-13-253.12. On April 22, 1969, the 
Trustees considered an application from Stuart W. Patton on behalf 
of The Jockey Club, Inc., foi purchase of 1.69 acres of sovereignty 
land in Biscayne Bay abutting Lot 25, Block 1; Lots 22 through 24, 
Block 2; and the lands lying between the bayward projection of 
Waterview walk to the bulkhead line. Water View Park Subdivision, PB 
p. 18, in Sec. 32, T 52 S, R 42 E, Dade County. Notice of sale was 
published in the Miami Herald, proof of publication filed and no 
objections were received. 

On April 22 it was noted that the biological report showed that 
sale and subsequent development would not significantly or adversely 
affect marine life. Dade County had responded to the Trustees' 
request for review of bulkhead line locations in conformity with 
the Interagency Advisory Committee recommendations. The bulkhead 
line in the northern quarter of the county conforms to the Committee 
recommendations; for the southerly 50 miles, the bulkhead line was 
relocated by the county and is now under staff review. 

Staff recommended sale for the appraised price of $22,151.90 per 
acre . 

Governor Kirk pointed out that Dade County had not done what they 
said they would do, and Mr. Adams also spoke of the commitment of 
the county to revise bulkhead lines in the southern part of the 
county as recommended by the Florida Board of Conservation to 
preserve several mangrove areas. 

Mr. Adams said his motion would be that the Trustees consider no 
more applications for sale, dredge and fill until Dade county 
complies with recommendations for that 50 miles. Answering Mr. 
Christian's question, the Director indicated that it should not 
take the county long, that they had submitted revised lines which 
just left gaps at those mangrove areas with the explanation that 
the county felt that was the best way to insure there would be no 
development - to set no bulkhead lines there. Thereupon Mr. 
Christian said he would second the motion. 

Without objection, action on confirmation of the sale to The 
Jockey Club was deferred on Mr. Adams' motion. 



MONROE COUNTY - File No. 2182-44-253.12. On April 22, 1969, the 

Trustees considered application from James T. Glass on behalf of 
Donald L. Wollard for purchase of a 0.25 acre filled parcel of 



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sovereignty land in Little Basin, Florida Bay, abutting fractional 
Section 32, Township 63 South, Range 37 East, Upper Matecumbe Key, 
Monroe County. Notice of sale was published in the Key West Citizen, 
proof of publication filed, and no objections to the sale were 
received. 

The staff updated values from $425 to $833.33 per acre based on 
appraisal of a nearby parcel; included in the valuation was a 
penalty of $311 for filling the parcel without having first 
acquired title and secured a permit. The Director said the material 
had been trucked in, that the price was consistent with the policy 
on penalties as nearly as the staff could figure it, and he had 
discussed it with the Trustees' Subcommittee. Mr. Conner commented 
that it had to be cleared up and Mr. Christian made a motion for 
approval which died for lack of a second or any further action. 

Mr. Adams raised a number of questions, particularly concerning the 
value for land on which the applicant had trespassed. He thought 
it should be appraised in its actual, present condition rather than 
sold at submerged land value with a penalty. He had heard that a 
party had advised clients to proceed to fill sovereignty land 
riparian to their ownerships as the state would sell at submerged 
land values. 

Mr. Faircloth thought the Trustees had authority to assess very 
heavy penalties and as administrators of state sovereignty lands 
they could require after-the-fact fills to be paid for at their 
present values tripled. Governor Kirk suggested no sale but holding 
the land for park purposes. 

Motion was made by Mr. Christian, seconded by Mr. Adams and adopted, 
that the application be removed from the agenda, an appraisal of 
the improved parcel be secured and the penalty be determined later. 

Mr. Conner said there would be some cases where innocent mistakes 
had been made, and some way should be worked out to dispose of 
those now pending and then let it be known that future cases would 
receive get-tough treatment. 

Mr. William R. Roberts, attorney representing the applicant, said 
the application was an attempt to correct an honest mistake, that 
his client had been told he could not purchase last year during the 
moratorium, he was faced with going out of business and after 
consulting an engineer he had trucked in an estimated 1,555 cubic 
yards of material to permit hauling boats out to the water at his 
drydock, that he had made application when the moratorium was 
lifted. 

Mr. Adams said the applicant must have known it was not his land, 
and the Governor said the law applies to Monroe County, too. 



ST. LUCIE COUNTY - File No. 2136-56-253.12. On April 22, 1969, the 
Trustees considered application from Holiday Out of America, Inc., 
for purchase of a 3.8 acre parcel of sovereignty land in the Indian 
River abutting Government Lots 3 and 5, Section 11, Township 37 
South, Range 41 East, St. Lucie County. The parcel was appraised 
at $600 per acre or $2,280»00 for the parcel. Notice of sale was 
published in the Fort Pierce News Tribune, proof of publication 
filed, and at the time of preparation of the agenda no objection 
had been filed. The Director said three telegrams of objection 
were received. 



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The county reconfirmed the bulkhead line in this area and by 
resolution adopted August 6, 1968, requested the Trustees to give 
"special consideration" to the application. 

Motion was made by Mr. Dickinson, seconded by Mr. Conner and adopted 
unanimously, that sale of the advertised parcel be confirmed for the 
appraised price. 



PALM BEACH COUNTY - Refund, File No. 994-50-253.12. On August 21, 
1961, the firm of Brockway, Weber and Brockway Engineers, Inc., 
remitted a $50 application fee on behalf of Bloxham Land Company 
(File No. 994-50-253.12), the Trustees confirmed the sale, but 
applicant failed to remit the purchase price, and the application 
was placed in an inactive status. 

On April 10, 1969, applicant's representatives indicated a desire 
to reactivate the application and were advised that it would be 
necessary to reprocess the application and submit the application 
fees now in effect. 

Staff requested authority to refund $50 to Brockway, Owen and 
Anderson Engineers, Inc., successors to Brockway, Weber and 
Brockway Engineers, inc. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted 
unanimously, the Trustees authorized that refund be made as 
requested. 



LEE COUNTY - File No. 2202-36-253.12. Sunset Realty, represented 
by Earl D. Farr, Jr., made application to purchase two parcels of 
sovereignty land embracing 0.58 acres in Boca Grande Yacht Basin 
abutting Lots 17 through 34, Lots 36 through 65, and Lot 74, Block 
24, Addition to Boca Grande, Plat Book 8, Page 48, Public Records 
of Lee County, lying in Sections 13 and 14, Township 43 South, 
Range 20 East, Caspar ilia Island. The land was desired for real 
estate development of water front lots. Staff was of the opinion 
that the valuation of $9,650 per acre, total offer of $5,597, was 
a fair value for the subject land, being appraisal prepared in 
March 1969 for land bordering in the same subdivision. 

The Florida Board of Conservation biological report was not 
adverse to development. The Interagency Advisory Committee 
reaffirmed the bulkhead line location. By letter dated February 
5, 1969, the Lee County Commission indicated that they endorsed 
and confirmed all prior actions relating to bulkhead lines in the 
county, that the Commission believed that over the years it had 
followed good conservation practices relating to bulkhead line 
locations and would continue to apply the philosophy and policies 
suggested by the Trustees. The staff felt that Lee County has 
been in the forefront in carrying out the intent contained in the 
Randell Act. Through its advisory committee the County Commis- 
sion has made careful investigation into proposed bulkhead lines, 
dredging and filling operations affecting marine biological 
resources. The staff recommendation was for advertisement for 
objections . 

Mr. Adams said bulkhead line relocations had not come back to the 
Trustees for consideration, and he read portions of the Interagency 
Advisory Committee report which led him to believe there were 
sizable sections in Lee County that need relocation. 



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Governor Kirk sununarized the discussion as calling for review and 
until such time as the county reviews, the Trustees take no action 
on individual applications. 

On motion made by Mr. Adams, seconded by Mr. Williams and adopted 
without objection, the Trustees denied the application. 



MONROE COUNTY - Consideration of bids for stockpiled material. 
On June 3, 1969, the Trustees authorized advertising for sealed 
bids for removal of a stockpile of limestone placed on state 
submerged land between Stock Island and Raccoon Key, with a 
minimum bid of 20* per cubic yard. Invitation to bid published 
in the Key West Citizen on June 5 and 6, 1969, called for sealed 
bids to be opened on this date. 

While the three sealed bids received were being opened by the 
staff, the Trustees heard Mr. Joseph C. Jacobs, attorney, repre- 
senting Mr. Philip C. Toppino, applicant in 1968 for the material, 
tell of correspondence from the Trustees' office pointing out the 
policy of the Trustees to set aside areas for public navigational 
channels and that 500 foot width channel between Raccoon Key and 
Stock Island dredged to a usable depth was contemplated. Mr. 
Christian and the Governor asked questions, whereupon Mr. Toppino 
answered regarding his contract for the Junior College, the 500 
foot canal that had been dug by various parties who took fill for 
their uplands which he said was then the Trustees' policy - to 
give the fill for their land, the necessity for blasting said 
canal prior to the college construction. Mr. Toppino said the 
pile had been there since 1966, that he had not used material from 
the stockpile for the Junior College, the hospital or other jobs 
mentioned by Mr . Adams. 

Since a recent staff investigation and photograph showed about 
45,000 cubic yards removed from the stockpile, the Trustees directed 
the staff to continue the investigation. The Governor said it 
appeared that the state had been paying for moving its own land, 
and then paying for the land. Mr. Adams said the permit applied 
for by Mr. Toppino in 1968 was after-the-fact, that material had 
been removed from the stockpile and the Trustees depended on its 
staff to find out the facts. 

On motion by Mr. Faircloth, seconded by Mr. Dickinson and adopted, 
the Trustees received report of the sealed bids which were 

(1) $.20 per cubic yard from Charley Toppino Sc Sons, Inc., 

(2) $.32 per cubic yard from J. F. Thompson, President, Allied 
Electrical Company, Inc., and (3) $.501 per cubic yard from 
William G. Stevens for the approximate 200,000 cubic yards. 
Mr. Christian asked the staff to check the possibility that some 
material might bie needed for expansion of the Junior College, 
check on the conditions under which the property was filled and 
whether there had been proper authority for use and payment for 
state land. Mr. Adams suggested removal only to a height that 
would leave usable state land. It was suggested that the matter 
be held in abeyance for thirty days. 

Mr. Stevens, the high bidder, said he had bid on all of the fill 
as advertised for removal within one year, but he indicated that 
he was not at this time depending on a time schedule or withdraw- 
ing his bid. Mr. Adams suggested that the Trustees accept the 
high bid contingent on the Commissioner of Education, the Director 
cind the successful bidder trying to work out a program that would 



6-10-69 
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allow use of part of the stockpiled material for the Junior College, 
if it was needed for expansion of the college. 

Without objection, the Trustees accepted the high bid with the 
provision suggested by Mr. Adams. The STaff was directed to make 
a report within two weeks, if not a final report then an interim 
report of progress made on the investigation and the bid for removal 
of the material. 



BISCAYNE NATIONAL MONUMENT - Correction of Minutes; Resolution. 
Staff requested authority to correct minutes of May 20, 1969, by 
deleting the names of the three Trusteees who did not execute the 
Biscayne National Monument Resolution, which had been signed by 
only four members but had been copied into the minutes prior to 
completion of its execution. 

Motion was made by Mr. Dickinson, seconded by Mr. Williams, that 
the minutes be corrected. Mr. Dickinson said he could not sign the 
resolution as he felt under Florida law no one could apply for 
submerged land except the upland owner, and the Federal Government 
was asking the state to convey the submerged lands before they 
condemn the upland owners' lands. He said the Resolution, however, 
did not convey lands but established a price, in which case the 
statutes did not require five signatures. Mr. Dickinson said he 
was for the Monument but there seemed to be a difference of opinion 
as to what the Trustees could legally do, and litigation was 
probable . 

Mr. Williams said he was not taking a position against the Monument 
but was not present on the date the Resolution was adopted. 
Governor Kirk said the Resolution could be recalled, and asked 
Mr. Williams to sign it. 

Commissioner of Agriculture Conner said he hoped for protection 
for the private owners on Islandia which those in Everglades 
National Park had not had, that twenty years later some had not 
been compensated for their property within that Park area and 
might be denied access, that the Trustees should be diligent to 
protect the property owners. He advocated a simultaneous conveyance 
with a moratoriiim on the submerged lands as the approach that 
would avoid law suits. 

The Governor said he was confident that protection to private 
owners had been extended by the Beard, that the lack of five signa- 
tures would result in litigation with no buying or selling for a 
long time. 

The Secretary of State said they had tried to work the problems 
out for several weeks, had had much advice, and four members of 
the Board felt it had been equitably resolved and voted in the 
affirmative on May 20, 1969, on the Resolution which the best 
Federal lawyers and State lawyers had determined was an adequate 
solution. 

Attorney General Faircloth said the document was an agreement to a 
price of $1 when the Federal Government condemned the property, 
but that five signatures would be required for the actual conveyance, 
He and Mr. Conner thought that there would be litigation either way. 

The Governor said the Federal procedure was different but he relied 
on its good faith, that the failure to have five signatures 



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increased possibility of litigation, that he was told about four 
million dollars had been contracted. Mr. Nathaniel P. Reed of the 
Governor's office added information regarding signed land contracts 
and other parcels anticipated to be contracted in the next three 
weeks. He explained the difficulty in appropriation for Everglades 
National Park was not with the interior Department but Congressmen 
who felt the appropriation should not be increased. 

Mr. Williams said that as he understood now the Federal Government 
was actually buying property and the owners could be assured of 
payment, he would execute the Resolution. He made a motion, 
seconded by Mr. Adams and adopted, that the minutes be corrected 
to show the Resolution signed by five Trustees. (Mr. Dickinson's 
and Mr. Conner's signatures will not be shown on the Resolution.) 



BRADFORD COUNTY - Dredge Permit, Section 253.03 Florida Statutes. 
N. Watson Hardenbergh, Jr., applied for a permit to clean the weeds 
and muck from his property on Lake Geneva in Section 25, Township 
8 South, Range 22 East, Bradford County, and tendered check for 
$50 as minimum payment for the material. 

Florida Game and Fresh Water Fish Commission reported favorably on 
the proposed work, subject to normal stipulations in the permit 
as to dredging. 

On motion by Mr. Conner, seconded by Mr. Adams and adopted 
unanimously, the Trustees approved the application. 



BREVARD COUNTY - Dredge Permit, Section 253.123 Florida Statutes. 
The City of Cocoa Beach, by its City Manager, Tom M. Sprowl, 
applied for permission to perform maintenance dredging in seven 
channels at various locations in Townships 24 and 25 South, Range 
37 East, in Brevard County. 

The Florida Board of Conservation biological survey indicated that 
proposed channel improvements would have minimal adverse effects 
on the marine life of the area provided the recommendations con- 
tained in the Florida Board of Conservation report are followed. 
The city relocated the spoil deposit areas to conform to the said 
recommendations . 

On motion by Mr. Adams, seconded by Mr. Faircloth and adopted 
unanimously, the Trustees approved the application. 



ESCAMBIA COUNTY - Dredge Permit, Section 253.123 Florida Statutes. 
Southern Bell Telephone & Telegraph Company, by Division Engineer 
J. T. Bayer, applied for permission to install a submarine cable 
across Sabine Inlet in Santa Rosa Sound in Section 18, Township 
3 South, Range 29 West, Escambia County. 

The Florida Board of conservation biological survey report indicated 
that the proposed installation would not adversely affect marine 
life. 

On motion by Mr. Adams, seconded by Mr. Faircloth and Mr. Dickinson, 
adopted without objection, the Trustees approved the application. 



6-10-69 
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GULF COUNTY - Dredge Permit, Section 253.123 Florida Statutes. 
Real Estate Division, U. S. Army Engineer District, Corps of Engineers, 
Mobile District, applied for permit authorizing maintenance dredging 
in the ship channel leading into St. Josephs Sound. The material 
removed will be placed in a non-vegetated adequately diked area in 
St. Joseph State Park (T. H. Stone Memorial) in Section 13, Township 
7 South, Range 12 West, Gulf County. The Florida Board of Parks 
agreed to the placement of spoil on a one-time basis in the 
proposed spoil area. 

Staff requested waiver of the biological study as provided under 
Section 253 .123 (3) (a) Florida Statutes, since the public needs will 
be served. 

On motion by Mr. Adams, seconded by Mr. Williams and adopted 
unanimously, the Trustees approved the application for maintenance 
dredging as requested. 



DADE COUNTY - Dock Permit, Section 253.03 Florida Statutes. 
Phillips Petroleum Company, by its District Engineer, J. W. 
Glidewell, applied for permission to construct a commercial dock 
on Watson Island, Biscayne Bay, in Section 31, Township 53 South, 
Range 42 East, Dade County. All required exhibits, including 
$100 processing fee, were furnished. 

On motion by Mr. Williams, seconded by Mr. Dickinson and adopted 
without objection, the Trustees authorized issuance of state 
commercial dock permit. 



HIGHLANDS COUNTY - Dock Permit, Section 253.03 Florida Statutes. 
Sunset Beach Motel, in care of James A. Heim at Avon Park, Florida, 
applied for a permit authorizing construction of a dock in Lake 
Jackson adjacent to its upland property in Section 32, Township 
34 South, Range 29 East, Highlands County. All required exhibits, 
including $100 processing fee, were furnished. 

On motion by Mr. Williams, adopted without objection, the Trustees 
authorized issuance of state commercial dock permit. 



LEE COUNTY - Dock Permit, Section 253.03 Florida Statutes. 
Florida Power and Light Company, Miami, Florida, applied for a 
permit authorizing construction of two (2) mooring cells and 
modification of an existing dock at Boca Grande in Charlotte 
Harbor in Section 35, Township 43 South, Range 20 East, Lee County. 
All required exhibits, including $100 processing fee, had been 
furnished. 

On motion by Mr. Williams, adopted without objection, the 
Trustees authorized issuance of state commercial dock permit. 



LEE COUNTY - Dredge and Fill Permit, Power Transmission Line 

in Township 46 South, Ranges 21 and 22 East. 
R. P. Sherling, Distribution Engineer, on behalf of Lee County 
Electric Cooperative, Inc., applied for permit to install an over- 
head electrical power transmission line across Pine Island Sound 



6-10-69 



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between Pine Island and Sanibel Island, and to dredge material to be 
used in the construction of access roads for the construction and 
future maintenance of the transmission line on Pine Island and 
Sanibel Island. The project is in the public interest in that it 
will provide needed electrical service to Sanibel-Captiva Island 
complex. 

The Florida Board of Conservation biological survey report indicated 
the dragline construction of the narrow work and maintenance roads 
would have only limited adverse effects on marine life and productive 
marine habitats if culverts, bridges, et cetera, are constructed in 
the road bed to maintain tidal circulation and drainage. 

On motion by Mr. Williams, seconded by Mr, Conner and adopted 
unanimously, the Trustees approved the permit subject to inclusion 
of the recommendations for culverts, bridges, et cetera, in the 
instrument. 



CITRUS COUNTY - Dredge Permit, Section 253.123 Florida Statutes 
Norris Development Company of Homosassa, Florida, applied for 
permission to dredge a navigation channel 50 feet wide by 5 feet 
deep by 1217 feet in length, in Price Creek adjacent to applicant's 
upland in Township 19 South, Ranges 16 and 17 East, Citrus County. 
The material removed would be placed behind a dike on applicant's 
upland, 

Florida Board of Conservation biological report indicated that 
dredging had previously occurred in the area, and a dike had been 
constructed along the shore line. The bottoms in the area consisted 
of mud and silt and construction of the proposed channel should not 
have adverse effects on marine life. 

Staff on-site inspection indicated the applicant's own property 
bordering Price Creek had been dredged to construct a dike around 
the proposed upland spoil disposal area. However, applicant had 
failed to provide for lateral support between the upland and Price 
Creek. No biological damage had been caused by the dredging, however 
the waters at Price Creek now extend to cover the area of Norris 
Development Company's land dredged. 

On motion by Mr. Williams, seconded by Mr. Adams and adopted 
unanimously, the Trustees approved issuance of the dredge permit. 



MONROE COUNTY - File No. 24957-44-253.124 

Dredge and Fill Permits 
The State Road Department requested issuance of dredge permit under 
Section 253.123 and approval of fill permit under Section 253.124, 
Florida Statutes, in connection with the construction of the new 
Bahia Honda Bridge. The Trustees on May 27, 1969, approved 
dedication of the submerged lands for right of way within a bulkhead 
line approved on May 20, 1969. 

The Board of County Commissioners of Monroe County by Resolution No. 
36-1969 requested issuance of dredge and fill permit. 

On motion by Mr. Faircloth, seconded by Mr. Dickinson and Mr. Adams, 
the Trustees unanimously approved the fill permit and authorized 
issuance of the dredge permit. 



6-10-69 



- 340 - 



MONROE COUNTY - Easement for Dredge Area 

The State Road Department requested temporary easement for two 

dredging areas to be used in the construction of the new Bahia Honda 

Bridge. 

Easement No. 2369 was issued on the Trustees' authorization of March 
25, 1969, but the Beaches and Shores Division of the Board of 
Conservation objected to one of the locations. The State Road 
Department located an alternate area and requested an amffifed easement. 
The Beaches and Shores Division concurred in the new location and staff 
recommended approval. 

Motion was made by Mr. Christian, seconded by Mr. Adams and adopted 
unanimously, that temporary easement for the two dredging areas be 
issued. 



DUVAL COUNTY - Lease 

The Consolidated City of Jacksonville had agreed to develop, operate 
and manage Lots 11, 12 and 13 of Daniels Addition to Mayport, acquired 
by Outdoor Recreational Development Council, for boat ramp and other 
outdoor recreational purposes under a lease agreement which provided 
for cancellation in event the city fails to maintain and use the 
property for three consecutive years as a public recreation facility. 
The said Council on January 28, 1969, authorized and requested the 
Trustees to enter into a lease with the city for use of the property 
as stated above. Lease was reviewed and approved by the Attorney 
General. 

On motion by Mr. Christian, seconded by Mr. Adams and unanimously 
adopted, the Trustees approved the lease. 



NASSAU COUNTY - Land Exchange 

Florida Board of Parks and Historic Memorials on August 10, 1968, 
recommended an exchange of a small 0.26 acre parcel lying in Section 
12, Township 3 North, Range 29 East, Nassau County, being a part of 
Fort Clinch State Park, for two parcels containing 0.26 acre owned 
by Ben Sorenson who agreed to reimburse the Park Board for its 
expenses in connection with the transaction. The exchange would 
straighten the park boundary. 

The Nassau County Board of County Commissioners by Resolution adopted 
May 19, 1969, notified the Trustees that, pursuant to Section 253.111, 
Florida Statutes, it did not propose to devote the 0.26 acre parcel 
of park land for public outdoor recreational purposes. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted without 
objection, the Trustees approved the land exchange subject to title 
approval of the two parcels by the Attorney General. 



TRUSTEES FUNDS - On October 22, 1968, the Trustees adopted the 
recommendation of the Cabinet Conservation Subcommittee which 
recommended that $250,000 of Trustees funds be set aside for use by 
the mean high water line committee to accomplish the purpose for 
which it was created, the funds to be disbursed as aequested on 
action of the Trustees. 

On March 25, 1969, the Trustees authorized the director to execute 



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an agreement with the U. S. Coast and Geodetic Survey on behalf of 
the Trustees of the Internal Improvement Fund and authorized 
expenditure of $125,000 of the above-mentioned funds during the 
current year on the cooperative agreement. 

Coordination of the cooperative agreement was assigned to the 
Division of Geology, Florida Board of Conservation. Under the 
agreement the State of Florida coordinates plans and schedules, 
provides for installation, maintenance and monitoring of tide gauges, 
provides supplemental equipment for installation of tide gauges, 
provides for installation of bench marks at tide stations, and 
establishes levels between bench marks and tide gauges. The contract 
would include photographs and aerial photography. 

Staff requested authority to transfer the remaining $125,00 of the 
committed funds to a special trust account to be held by the Board 
of Conservation for the purpose of defraying expenses involving 
State of Florida responsibilities under the cooperative agreement 
with U. S. Coast and Geodetic Survey. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted 
unanimously, the Trustees approved the transfer of funds as 
requested, for the purpose stated above. 



TRUSTEES FUNDS - At the May 27, 1969, cabinet meeting the Trustees 
considered payment for services of attorneys hired by the Chairman 
pursuant to authorization by Trustees on April 22, 1969; and a bill 
for costs incurred thus far for the services of Mr. Dennis M. 
O'Connor, Professor of Law and Marine Sciences, and Mr. Allan 
Milledge, Attorney at Law, was requested to be submitted to the 
Trustees. 

Itemized bill for consulting services in the matter of Drilling Lease 
No. 248 As Modified was submitted as follows: Mr. O'Connor, $2,113.17; 
Mr. Milledge, $3,949.53. 

Staff requested authority to issue warrants in payment of the 
services. 

Mr. Conner made a motion that the bill be received for the perusal 
of the Trustees. Mr. Williams seconded the motion. 

Mr. Adams offered a substitute motion that the bill be paid. There 
was no second to the substitute motion. 

On the motion made by Mr. Conner, seconded by Mr. Williams, the 
Trustees received the bill for perusal. 



REPORT TO TRUSTEES - Compliance with Interagency Advisory 

Committee recommendations 
In accordance with Trustees' instructions of June 3, 1969, the 
Director submitted a report which outlined action taken by counties, 
municipalities and other local public bodies having initial 
authority in establishing bulkhead lines, pursuant to the requirement 
of the Trustees motion adopted December 31, 1968, referring to 
Interagency Advisory Committee on Submerged Land Management Reports 
No. 1, No. 3 and No. 4. 



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- 342 - 



SUBJECTS UNDER CHAPTER 18296 



On motion by Mr. Williams, seconded by Mr. Adams and unanimously 
adopted, the Trustees approved 11 regular bids for sale of land in 
St. Johns County under the provisions of Chapter 18296, the Murphy 
Act, Section 192.38, Florida Statutes, listed on Murphy Act Sale 
Report No. 955, and authorized executioQ^of deeds 



On motion duly adopted, the meeti 



ATTEST 



DX RECTO I^ ^ 




Tallahassee, Florida 
June 17, 1969 



The Trustees of the Internal Improvement Fund met on this date in the 
office of the Governor in the Capitol, with the following members 
present: 



Claude R. Kirk, Jr. 

Tom Adams 

Earl Faircloth 

Fred 0. Dickinson, Jr. 

Floyd T. Christian 

Doyle Conner 



Governor 

Secretary of State 

Attorney General 

Comptroller 

Commissioner of Education 

Commissioner of Agriculture 



Randolph Hodges 



Director 



On motion duly adopted, the Trustees approved minutes of the meeting 
of June 10, 1969. 



Secretary of State Adams, commending the staff for the report 
submitted on June 10, 1969, that outlined action taken by counties 
and municipalities pursuant to the recommendations of the 
Interagency Advisory Committe Reports No. 1, No. 3 and No. 4, 
pointed out that the report indicated a lack of action by many 
local governmental agencies with respect to review of bulkhead lines. 
He said it was encouraging to see on the agenda several bulkhead 
line relocations as well as recommendations for deferment of 
applications where local action had not been taken. 



6-17-69 



- 343 - 



BAY COUNTY - Bulkhead Line, Section 253.122 Florida Statutes. 
On motion by Mr. Faircloth, seconded by Mr. Adams and adopted, the 
Trustees waived the rules to consider an item which had not been 
placed on an advance agenda, because the bulkhead line was urgently 
needed by the State Road Department and Bay County for the construc- 
tion of High Point Road across Williams Bayou, now Deerpoint Lake. 

The Board of County Commissioners of Bay County by resolution 
adopted on June 3, 1969, fixed and located the bulkhead line in 
Williams Bayou in Section 6, Township 3 South, Range 13 West, Bay 
County. There were no objections at the local hearing. 

The Florida Board of Conservation biological report indicated 
that Williams Bayou had been converted to a fresh water lake, and 
a biological study was not needed. 

On motion by Mr. Faircloth, seconded by Mr .Adams and adopted, the 
Trustees approved the bulkhead line as located by Bay County. 



LEE COUNTY - Bulkhead Line, Section 253.122 Florida Statutes. 
The Board of County Commissioners of Lee County by resolution 
adopted July 17, 1968, fixed and located a bulkhead line adjacent 
to the property of Walter C. Groff in Section 23, Township 43 
South, Range 20 East, Lee County. All required exhibits were 
furnished. There were no objections at the local hearing. 

The biological survey report from Florida Board of Conservation 
indicated that the bulkhead line closely followed the mean high 
water line. Submerged lands within the line were unvegetated and 
the slope of the existing bottom was steep with no attached marine 
animals found there. 

Lee County reconfirmed the bulkhead line by letter dated February 
5, 1969. The line agreed with the recommendations of the Inter- 
agency Advisory Committee Report No. 1. 

Motion was made by Mr. Conner, seconded by Mr. Faircloth and 
adopted, that the bulkhead line be approved. 



SARASOTA COUNTY - Relocated Bulkhead Line. 

The Board of County Commissioners of Sarasota County, sitting as 
the Sarasota County Water and Navigation Control Authority, by 
resolution adopted January 2, 1969, relocated and fixed a bulkhead 
line in Section 25, Township 40 South, Range 19 East, offshore in 
Lemon Bay. All required exhibits were furnished. One objector 
appeared at the local hearing. 

The bulkhead line crossed submerged lands owned by the applicant 
which would preclude future development by dredging and filling 
of approximately 2 acres of those submerged lands. (See dredge, 
fill and dock permit applications by Donald D. Piatt hereafter 
in these minutes.) 

Biological survey report from the Florida Board of Conservation 
indicated no objection to filling of the areas within the proposed 
bulkhead line but suggested that seawalls or dikes be constructed 
before filling to prevent silting of adjacent grassy areas. 

Sarasota County by letter dated May 22, 1969, indicated that the 



6-17-69 
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bulkhead line along Manasota Key, relocation of which was reconunended 
by the Interagency Advisory Conunittee, was in the process of being 
relocated. 

Staff reconunended approval since the area encompassed by the proposed 
bulkhead line was to be used for development of the first marina 
on the Intracoastal Waterway south of Venice, Florida, which was 
represented as badly needed. 

Motion was made by Mr. Adams, seconded by Mr. Dickinson and adopted, 
that the relocated bulkhead line be approved. 



CHARLOTTE COUNTY - File No. 2119-08-253.12, Land Sale. 
On April 29, 1969, the Trustees considered application made by Leo 
Wotitzky on behalf of C. E. Kesselring to purchase a 0.23 acre 
parcel of sovereignty land in Lemon Bay abutting Lots 1 through 
10 of Block 9, Chadwick Beach S/D, Plat Book 2, Page 17, public 
records of Charlotte County, Government Lot 3, Section 12, Township 
41 South, Range 19 East, Charlotte County, for which the applicant 
offered $1,035.00 for the parcel for commercial development for a 
marina-motel complex. 

Notice of sale was published in Punta Gorda Herald-Tribune, proof 
of publication filed, and two objections were received from 
parties who thought development of the parcel would impede 
navigation. 

The bulkhead line very closely followed the mean high water line 
and the land applied for would smooth out a ragged shore line. 
The Board of Conservation biological survey report was not adverse 
to the project, dredging areas having been located to conform to 
recommendations . 

The Interagency Advisory Committee confirmed the bulkhead line as 
located, and by letter of February 21, 1969, the county reaffirmed 
the bulkhead line as located. 

Motion was made by Mr. Christian, seconded by Mr. Conner and 
adopted, that the Trustees confirm sale of the advertised parcel 
to the riparian upland owner at the price offered. 



LEE COUNTY - File No. 2166-36-253.12, Land Sale. 

On May 6, 1969, the Trustees considered application made by Duane 
Hall and Associates on behalf of Vaughn L. Hefner to purchase a 
0.10 acre parcel of sovereignty land in Matlacha Pass abutting 
fractional Section 44, Township 44 South, Range 22 East, Porpoise 
Island, landward of the established bulkhead line in Lee County, 
for which the applicant offered $100.00, believed by the staff to 
be a fair price for the small parcel desired in order to preserve 
a row of planted coconut trees threatened by erosion. 

Notice of sale was published in the Fort Myers News-Press, proof 
of publication filed, and no objections were received. 

The Florida Board of Conservation biological survey report was not 
adverse to sale or proposed construction of a physical bulkhead 
to preserve planted coconut trees. The bulkhead line closely 
followed the mean high water line, and was approved by the Trustees 
on November 26, 1968 as an emergency due to the erosion. 



6-17-69 

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staff recommended that sale be confirmed on the basis of hardship, 
for the minimum charge of $100.00. 

On motion by Mr. Adams, seconded by Mr. Christian and adopted, the 
Trustees confirmed sale of the parcel as recommended. 



SARASOTA COUNTY - File No. 2019-58-253.12. 

On January 28, 1969, the Trustees confirmed sale of a 0.93 acre 
parcel of filled sovereignty land abutting the upland of the 
applicant. Per A. O. Scheutz . It had been agreed on December 10, 
1968, and confirmed on January 28 that a limited use and reverter 
provision be included in the instrument of conveyance. After 
thorough review of the Trustees' transcript and correspondence 
with the attorney for the applicant relative to the restrictive 
covenant, the office of the Attorney General had prepared a restric- 
tive covenant and reverter provision which the Trustees were asked 
by the staff to consider and if appropriate, to authorize issuance 
of the deed. 

Motion was made by Mr. Adams to approve issuance of the deed, 
but there was no second and no further action on the motion. 

Governor Kirk objected to the wording in the proposed clause, 
calling attention to discussion on December 10 when he had stated 
that the parcel would be used for "nothing but lawn and trees" and 
the statements of the applicant's attorney that there would be no 
buildings constructed and no income produced from the parcel which 
would be used largely for park and landscaping to beautify the 
small parcel as an adjunct to the upland on which an apartment 
building was to be constructed. 

The Trustees had agreed that there should be no building and after 
readvertising for objections only, the sale was confirmed on 
January 28 with the instrument of conveyance to contain limited 
use and reverter clause - which, as prepared by the Attorney 
General's office for consideration on this date, was as follows: 
"Provided, however, that this property shall not be used for any 
residential or commercial purposes, and no structures be built 
thereon except those that shall be designed for recreational or 
beautif ication purposes in conjunction with the use of the upland 
property." and "Further provided, that in the event of non- 
compliance with the aforestated covenant, said parcel shall 
automatically revert to the Trustees." 

In answer to Mr. Christian's question, the Director said he did 
not think the staff had any detailed plan showing the proposed 
use of the parcel, that the matter might be deferred for further 
staff research if the Board desired. The Governor said he would 
hope the members would stay with the concept of only lawn. 

The Trustees agreed that the matter would be held up at the 
request of the Governor. 



MONROE COUNTY - File No. 2174-44-253.12 - To Be Advertised. 
Application was made by the U. S. Department of the Navy for con- 
veyance of a small parcel of filled sovereignty land abutting Pier 
B at Key West Naval Station containing 0.05 acre to be used in 
connection with naval docking facilities. 

The parcel was filled some time subsequent to the enactment of 



6-17-69 
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Chapter 57-362, Laws of Florida (Bulkhead Act) . At the time of 
filling, public bodies were exempt from said Act. The applicant 
desired to clear the title by purchasing the subject parcel at the 
minimum charge, $100.00. 

On motion by Mr. Adams, seconded by Mr. Christian and adopted, the 
Trustees authorized advertisement for objections only. 



LEE COUNTY - File No. 2201-36-253.12, Application for Advertisement. 
Earl D. Farr, Jr., representing Wyman M. Miller, applied to purchase 
a parcel of sovereignty land in Boca Grande Yacht Basin abutting 
Lot 35, Block 24 of Addition to Boca Grande, Plat Book 8, Page 48, 
Public Records of Lee County, lying in Section 14, Township 43 
South, Range 20 East, Gasparilla Island in Lee County, to be used 
in conjunction with a home constructed on the uplands. The 0.015 
acre parcel was valued at $9,650.00 per acre, the value placed on 
a contiguous parcel appraised on March 25, 1969. Applicant 
offered $144.75 for the small parcel. 

The biological report from Florida Board of Conservation, prepared 
for consideration of the bulkhead line which was approved by the 
Trustees on May 21, 1968, showed that "development within this 
proposed bulkhead line will probably have no adverse effects upon 
marine resources of the area." 

The Interagency Advisory Committee reaffirmed the bulkhead line 
location. 

By letter dated February 5, 1969, the county indicated that they 
endorsed and confirmed all prior actions relating to bulkhead 
line locations. In accordance with Trustees' action last week 
on other applications, the staff recommended deferment until 
positive action has been taken by Lee County on bulkhead line 
relocations . 

On motion by Mr. Adams and Mr. Faircloth (simultaneously), seconded 
by Mr. Conner, the Trustees deferred action until Lee County has 
taken action on relocations of bulkhead lines as recommended by 
the Interagency Advisory Committee report. 



SARASOTA COUNTY " File No. 1945-58-253.12, Application for Adver- 
tisement. 
Robert M. Johnson on behalf of Mario M. Lucci made application to 
purchase a 0.17 acre parcel of sovereignty land in Blackburn Bay 
abutting Section 22, Township 38 South, Range 18 East, Sarasota 
County, for the purpose of obtaining title to the sovereignty 
lands upon which a house had been constructed on pilings. Appli- 
cant offered $200.00 for the parcel, valued at the rate of 
$20,000 per acre. 

Florida Board of Conservation biologist reported that since no 
dredging and filling, only ownership of the submerged land under 
and around the house on pilings, was desired, damage to marine 
life and habitat was apparently precluded. 

The Trustees on March 26, 1968, approved the bulkhead line as 
relocated away from the mean high water line to enclose the house. 
The Interagency Advisory Committee reaffirmed the relocated 
bulkhead line. 



6-17-69 



- 347 - 



By letter of March 3, 1969, Sarasota County advised that they were 
"pursuing the recommendation" that the bulkhead lines be relocated 
at the line of mean high water in Lemon Bay, and preparations for 
hearings on the subject were under way. The county has not 
reconfirmed bulkhead line location in Blackburn Bay. Staff 
recommended deferment until positive action by the county with 
reference to bulkhead line relocation. 

On motion by Mr. Adams, seconded by Mr. Faircloth and adopted, 
the Trustees deferred action as recommended. 



SARASOTA COUNTY - Dredge Permit, Section 253.123; Fill Permit, 
Section 253.124; Dock Permit, Section 253.03, Florida Statutes. 
Donald D. Piatt applied for permits to dredge and fill, construct 
seawalls and a pier, for the purpose of building a marina in Lemon 
Bay in Sections 25 and 26, Township 40 South, Range 19 East, Engle- 
wood, Sarasota County. All required exhibits, including $100.00 
processing fee for state commercial dock permit, were furnished. 
Bulkhead line for this project area was approved by the Trustees 
on this date . 

Florida Board of Conservation biological survey reported no 
adverse effects in the areas to be filled or seawalled; however, 
the dredge area in Parcel No. 2 was densely vegetated and should 
be saved unless public interests dictate otherwise. Seawalls or 
dikes should be placed to prevent silting of adjacent grassy areas. 

The county had requested consideration of this application for the 
development of the first marina on the Intracoastal Waterway 
south of Venice, Florida. 

On motion by Mr. Dickinson, seconded by Mr .Adams and adopted 
without objection, the Trustees approved issuance of the three 
needed permits. 



PALM BEACH COUNTY - Fill Permit, Section 253.124 Florida Statutes, 

File No. 24179 (1680-50) 253.124. 
Hutcheon Engineers, Inc., representing Arthur Frogel, requested 
approval of a fill permit reissued by the Town of Palm Beach on 
June 2, 1969. A permit had been issued by the Trustees on October 
5, 1966, and through oversight the permit expired. The District 
Engineer's permit SAJSP (66-431) for the project was still opera- 
tive. Parcels contiguous to this parcel have currently valid fill 
permits approved by the Trustees, the most recent permit dated 
March 13, 1969. 

No dredging was contemplated. The biological report was not 
adverse to filling. The Interagency Advisory Committee reaffirmed 
the bulkhead line as located. Palm Beach Area Planning Board 
had voiced no objections to contiguous fill project. 

On motion by Mr. Adams, seconded by Mr. Conner and adopted without 
objection, the Trustees approved fill permit for the 0.17 acre 
parcel in Section 23, Township 44 South, Range 43 East, previously 
conveyed by the Trustees. 



DADE COUNTY - Dredge Permit, Section 253.123 Florida Statutes. 
Application was made by Peoples Gas System, Inc., of North Miami, 



June 17, 1969 
- 348 - 



Florida, for permit to install a subaqueous welded steel natural 
gas main in and across Biscayne Bay in Section 9, Township 53 South, 
Range 42 East, Dade County. 

Florida Board of Conservation biological survey report indicated 
that the proposed installation along the 79th Street Causeway 
would have no adverse effects on marine life. 

On motion by Mr. Adams, seconded by Mr. Faircloth and adopted 
without objection, the Trustees approved the application. 



DADE COUNTY - Dredge Permit, Section 253.123 Florida Statutes. 
Southern Bell Telephone & Telegraph Co., Jacksonville, Florida, 
applied for permit to install a submarine telephone cable across 
Biscayne Bay in Section 9, Township 53 South, Range 42 East, Dade 
County. 

The Florida Board of Conservation biological survey report indi- 
cated that the proposed submarine cable installation would have 
no adverse effects on marine biological resources. 

On motion by Mr. Adams, seconded by Mr. Faircloth and adopted, the 
Trustees approved the application. 



DADE COUNTY - Dredge Permit, Section 253.123 Florida Statutes. 
Southern Bell Telephone & Telegraph Co., Jacksonville, Florida, 
applied for permit to install a submarine cable crossing Biscayne 
Bay between Key Biscayne Island and Coral Gables, Dade County. 
All required exhibits were furnished. 

Florida Board of Conservation biological survey report indicated 
no adverse effects on marine biological resources from the 
proposed installation. 

On motion by Mr. Adams, seconded by Mr. Faircloth and adopted, the 
Trustees approved the application. 



HIGHLANDS COUNTY - Dredge Permit, Section 253.03 Florida Statutes. 
W. S. Ewing of Sebring, Florida, applied for permit to remove 600 
cubic yards of material from a canal 210 feet long, 36 feet wide 
and 5 feet deep, to be constructed in front of his property on 
Lake Istokpoga in Section 29, Township 35 South, Range 30 East, 
Highlands County. The material removed would be placed on his 
upland, and check in the amount of $60.00 was tendered in payment. 

Florida Game and Fresh Water Fish Commission reported favorably 
on the project subject to standard stipulations as to dredging. 

Staff recommended approval provided the bottom cut of the channel 
is reduced to 20 feet wide. 

On motion by Mr . Adams, seconded by Mr. Conner and adopted without 
objectfion, the Trustees approved issuance of the dredge permit 
as recommended by the staff, with bottom cut reduced to 20 feet 
wide . 



6-17-69 

- 349 - 



MONROE COUNTY - Dredge Permit, Section 253.03 Florida Statutes. 
Florida Keys Electrical Cooperative Association, Inc., Miami, 
Florida, applied for permit to install buried concrete encased 
electrical ducts along U. S. Highway No. 1 across Whale Harbor and 
Snake Creek in Township 63 South, Range 37 East, and across Taver- 
nier Creek in Section 33, Township 62 South, Range 38 East, Monroe 
county. 

Staff requested waiver of the requirement for biological survey 
as provided by Section 253 .123 (3) (a) Florida Statutes, since the 
public interest would be served by the utility crossing. 

On motion by Mr. Adams, seconded by Mr. Conner and adopted, the 
Trustees authorized issuance of the dredge permit. 



POLK COUNTY - Dredge and Fill Permit, Section 253.03 Florida Statutes, 
The City of Lakeland, represented by City Manager Robert V. Youkey, 
applied for permission to remove 14,847 cubic yards of material 
from Lake Parker in Section 5, Township 28 South, Range 24 East, 
Polk County. Applicant tendered check for $1,484.70 for the 
material which would be placed on city uplands. 

Florida Game and Fresh Water Fish Commission reported favorably on 
the proposed work, as did the Florida Air and Water Pollution 
Control Commission. 

On motion by Mr. Adaims, seconded by Mr. Fair cloth and adopted, 
the Trustees approved issuance of the permit. 



VOLUSIA COUNTY - Dredge Permit, Section 253.123 Florida Statutes. 
E. W. Gautier, on behalf of King and Doan, Inc., applied for 
permit for a navigation channel 100 feet wide, 12 feet deep and 
350 feet long to connect applicant's upland with the Intracoastal 
Waterway. The material removed would be placed on applicant's 
upland, and check for $1,300.00 was tendered as payment for the 
13,000 cubic yards of material from the overcut. 

A channel of that width was necessary to permit ingress and 
egress of sea-going vessels to a boat basin to be constructed in 
applicant's upland. The vessels would be used in connection with 
oceanography and water oriented industry. 

The biological report from Florida Board of Conservation indicated 
that the proposed channel would have adverse effects on productive 
marine habitats, but that damage could be lessened by reducing 
the channel size to 50 feet wide by 5 feet deep, the usual size 
allowed by the Trustees for navigation channels. 

Staff recommended approval of the width and depth applied for 
by the applicant. 

On motion by Mr. Adams, seconded by Mr. Dickinson and adopted, the 
Trustees approved issuance of dredge permit for the channel as 
requested. 



LEE COUNTY - Dock Permit, Marine Hoist and Railway. 

Granville W. Keller applied for permit for a marine hoist railway 

to transport boats between salt water across a dam to fresh water. 



6-17-69 



- 350 - 



between Owl Creek and Trout Creek in Section 18, Township 43 South, 
Range 26 East, Lee County, for which all required exhibits and 
$100.00 processing fee were furnished. 

On motion by Mr. Adams, seconded by Mr. Dickinson and adopted, the 
Trustees authorized issuance of the requested dock permit. 



PINELLAS COUNTY - Dock Permit, Section 253.03 Florida Statutes. 
The Pinellas County Water and Navigation Control Authority issued 
a dock permit, subject to Trustees' approval, to Thomas Nicholson 
to construct a commercial dock in Clearwater Bay in Section 5, 
Township 29 South, Range 15 East, Pinellas County. All required 
exhibits, including $100.00 processing fee, were furnished. 

On motion by Mr. Christian, seconded by Mr. Faircloth and adopted, 
the Trustees authorized issuance of the state dock permit. 



POLK COUNTY - Dedication, File No. 2216-53-253.03. 

The City of Lakeland, represented by J. Hardin Peterson, Jr., City 
Attorney, applied for dedication of 0.275 acre parcel of Lake 
Parker bottom land abutting Section 5, Township 23 South, Range 
24 East, in the City of Lakeland, Polk County. The parcel 20 feet 
wide by 600 feet long was to be used for installation of sheet pile 
thermal separation wall v;ith a pier being constructed on top of 
the wall, and was needed in connection with the cooling water 
system for the new city electrical generating station. 

The Air and Water Pollution Control Commission and Florida Game and 
Fresh Water Fish Commission had no objection to construction of the 
wall and pier. 

On motion by Mr. Dickinson, seconded by Mr. Adams and adopted, the 
Trustees authorized issuance of dedication to the City of Lakeland 
with the usual public purpose covenant and non-use and reverter 
provisions. 



PALM BEACH COUNTY - Disclaimer, File No. 2214-50-253.129. 
John Moore and wife, represented by Brockway, Owen and Anderson 
Engineers, Inc., applied for a disclaimer pursuant to Section 
253.129 Florida Statutes, for a 0.552 acre parcel of sovereignty 
land filled prior to the enactment of Chapter 57-352, Laws of 
Florida, abutting Lots 5, 6 and 7, Block "Q" of Prospect Park 
South, Plat Book 7, Page 60, Public Records of Palm Beach County, 
being a subdivision in Section 34, Township 43 South, Range 43 
East, in the City of West Palm Beach, Florida. All necessary 
documents were submitted and the staff requested authority to 
issue the disclaimer for the usual $100.00 processing fee. 

On motion by Mr. Faircloth, seconded by Mr. Dickinson and adopted, 
the Trustees authorized issuance of disclaimer for $100.00 
processing charge. 



ALACHUA COUNTY - Fraternity Housing. 

The Board of Regents requested the Trustees to convey title to 
Lot 5A of the Fraternity Area in Section 1, Township 10 South, 
Range 19 East, Alachua County, on University of Florida campus, 
to the Kappa Alpha Association of Florida, Inc., for a consider- 



6-17-69 

- 351 



ation of $3,800.00 for construction of a housing facility. The 
proposed deed was approved by the Attorney General as to form and 
legality. 

Title will be held by the fraternity subject to certain restric- 
tions and reservations whereby, following established University 
policy, the property would be subject to University regulations 
and to repurchase by the Trustees in the event construction of a 
suitable house approved by the Board of Regents is not commenced 
within four years. 

On motion by Mr. Dickinson, seconded by Mr. Conner and adopted, 
the Trustees approved the request from the Board of Regents and 
authorized issuance of the deed subject to the said restrictions 
and reservations. 



OKEECHOBEE COUNTY - Grazing Lease. Glen Davis of Okeechobee, 
Florida, applied for three-year renewal of Grazing Lease No. 2206 
which expired on June 1, 1969, covering a 53.64 acre tract of 
reclaimed lake bottoms in Lake Okeechobee in Section 5, Township 
38 South, Range 35 East, Okeechobee County. The annual lease 
rental was $3.00 per acre, based on 1966 appraisal. The lease 
provided for cancellation by the Trustees after 90-day written 
notice. 

On motion by Mr. Conner, seconded by Mr. Faircloth and adopted, 
the Trustees authorized issuance of a new lease to Glen Davis on 
the same terms and conditions. 



TRUSTEES ' PERSONNEL - On January 14, 1969, the Trustees authorized 
the appointment of Mr. Fred Vidzes to the position of Acting Chief, 
Engineering Section. Concurrent with the named position, he was 
assigned the additional duties of Acting Chief Cadastral Surveyor 
and Acting State Swamp Land Selection Agent. No increase in 
salary was authorized. 

The Director recommended that Mr. Vidzes be promoted to Chief, 
Engineering Section, Chief Cadastral Surveyor and State Swamp 
Land Selection Agent effective as of June 1, 1969, and that he be 
granted a salary increase to ten per cent (10%) above the minimum 
salary for the position as allowed by State Personnel Board Rules 
and Regulations . 

Motion was made by Mr. Adams, seconded by Mr. Faircloth and adopted 
unanimously, that the recommendations be accepted as the action 
of the Board. 



TRUSTEES FUNDS - Governor Kirk asked that action be taken on the 
matter of payment for services of attorneys which was deferred 
last week. It was not on the agenda, Mr. Hodges explained, because 
the request last week was to take it off for perusal and the staff 
had no instructions as to when to place it back on the agenda. 

Mr. Conner suggested advice was needed in terms of a review of 
the bills and prevailing fees for legal services. Mr. Faircloth 
said he thought it might be reviewed by some Bar Association and 
if they found it was a resonable fee he would be willing to have 
it paid. As to certain other legal assistance, Mr. Faircloth said 
he had advised Mr. O'Connor that if his services were needed, they 
would call on him. 



6-17-69 
- 352 - 



Governor Kirk said the Trustees could probably ask the Florida Bar 
Association to review the bills, that the work was very helpful. 

Mr. Christian indicated there was something else to consider, that 
to his knowledge the men had not been legally employed by the 
Trustees. Governor Kirk said he understood his objection, it had 
been discussed, but his direction was as Chairman of the Trustees, 
and they were hired. Mr. Faircloth also expressed his difference 
of opinion on that, and said that a review of the bill and recom- 
mendation would not be binding on the Trustees assuming they 
decided it should be paid. 

Governor Kirk asked for a report by next week. 

Mr. Adams said that since one of the men had performed legal 
services for the Secretary of State, he would like it understood 
that bill for those services had been rendered and paid through 
his appropriations as had been requested. 



Secretary of State Tom Adams handed to the Trustees copies of his 
memorandum dated June 17, 1969, to the Trustees of the Internal 
Improvement Trust Fund on the subject, "Bulkhead Lines and Related 
Trustees' Problems", in which he made recommendations to serve as 
guide lines for the Trustees' staff in the preparation and process- 
ing of agenda and in supplying information^^ local governing bodies, 



On motion duly adopted, the meeting w. 



ATTEST 




Tallahassee, Florida 
June 24, 1969 



The Trustees of the Internal Improvement Trust Fund met on this 
date in the office of the Governor with the following members 
present: 



Claude R. Kirk, Jr. 
Tom Adams 
Broward Williams 
Floyd T. Christian 
Doyle Conner 



Governor 

Secretary of State 

Treasurer 

Commissioner of Education 

Commissioner of Agriculture 



Randolph Hodges 



Director 



On motion duly adopted, the Trustees approved minutes of the 



6-24-69 



- 353 - 



meeting of June 17, 1969. 



Governor Kirk said that since the executive director of the Board 
of Trustees of the Internal Improvement Trust Fund was to be 
appointed by the Governor and approved by other members of said 
board under the reorganization act, he appointed Mr. Ney Landrum 
to the position. 

Commissioner Conner took the chair to preside during the nomination 
by the Governor and discussion which followed. There were no 
further nominations. Mr. Williams felt that qualifications of an 
attorney were required as matters dealing with lands were contro- 
versial and a great amount of legal assistance was needed, which 
had been expressed by Mr. Conner before he assumed the chair. Mr. 
Christian said it was a most controversial position, that Mr. 
Landrum was very capable and was doing a fine job as Outdoor 
Recreational Planning Committee Director which he would not like 
to see changed. 

On the nomination made by the Governor, Messrs. Adams and Conner 
voted in the affirmative, Messrs. Williams and Christian negative. 
Attorney General Faircloth and Comptroller Dickinson were not 
present on this date. Mr. Adams called attention to the reorgani- 
zation law which specified that the executive director of the board 
shall be appointed by the Governor with the approval of three 
members of the cabinet. There being only two members concurring 
with the Governor, the nomination failed to pass. 

Further discussion during the meeting brought out the fact that 
under the new law Mr. Hodges is prohibited from serving in more than 
one agency, that Mr. Jim Smith, administrative assistant to Director 
Hodges for the past six months, is assigned solely to Trustees' 
work and will be able to prepare an agenda for the board, and that 
other qualified individuals will be considered for the position 
with the Trustees. 



CAPITOL CENTER PROPERTY - Mr. Leo L. Foster, attorney representing 
Leon County Blood Bank, was present to make an offer to sell for 
$50,000 the Blood Bank property, part of Lot 3 Old Plan City of 
Tallahassee, fronting on East Gaines Street, which had been incor- 
porated within the capitol center area. The volunteer officers of 
the organization planned to build a modern blood bank facility 
elsewhere with funds in hand and proceeds from sale of the Gaines 
Street property which had been appraised from $31,000 to $50,000, 
and Mr. Foster's instructions were to offer to sell to the state 
at the latter price. He said the property would be sold, if not 
to the state, to someone else. 

Mr. Adams made a motion that the Director be authorized to secure 
a current appraisal. Mr. Conner seconded the motion which was 
adopted. 

Mr. Foster said a current appraisal by a competent appraiser would 
be accepted, and he agreed when Mr. Christian added the provision 
"not to exceed $50,000", the of fering price. Mr. Foster said the 
offer would hold until July 1 when changes under the reorganization 
go into effect. Mr. Adams said this board would still be sitting 
and while it might take a few days longer than July 1, the Director 
would proceed immediately to get an appraisal. 



6-24-69 
- 354 - 



BREVARD COUNTY - Bulkhead Line, Section 253.122 Florida Statutes. 
The Board of County Commissioners of Brevard County by resolution 
adopted April 25, 1968, fixed and located a bulkhead line in the 
Indian River adjacent to and offshore from existing land on Merritt 
Island in Section 2, Township 25 South, Range 35 East, Brevard 
County. All required exhibits were furnished, and there were no 
objections at the local hearing to this bulkhead line which would 
close a gap of 325 feet between two existing seawalls. 

The Florida Board of Conservation biological survey report indicated 
very little vegetation of value to marine resources and no shell- 
fish, clams or oysters in the area. 

Brevard County is in the process of relocating its bulkhead lines 
in accordance with recommendations of the Interagency Committee 
Report No. 1. Bulkhead lines in two areas on the advance agenda 
on this date had been relocated to mean high water except where 
submerged lands had previously been sold. The subject line in 
general followed the recommendation of the Interagency report. 

On motion by Mr. Adams, seconded by Mr. Christian and adopted, the 
Trustees approved the bulkhead line as adopted by Brevard County on 
April 25, 1968. 



MARTIN COUNTY - File No. 724-43-253.12(5), Land Sale. 
Mrs. Lillian Weisenberger, represented by William F. Crary, applied 
to purchase a 0.21 acre parcel of sovereignty land abutting Section 
15, Township 37 South, Range 41 East, that had been filled between 
1961 and 1962 during construction of causeway and bridge approach 
for State Road S-707-A over the Indian River. The Trustees have 
authority to dispose of such land under provisions of Section 
253.12(5) Florida Statutes. 

The applicant had paid for a current appraisal and accepted the 
appraised valuation of $10,952.38 per acre, or $2,300.00 for the 
parcel, which would be used to expand existing business facility. 

A biological report was not applicable to filled land, and the two 

objectors who protested sale of submerged lands had been informed 

that the land is upland in character. Notice of sale had been 

published in the Stuart News, proof of publication filed. 

On motion by Mr. Christian, seconded by Mr .Adams and adopted, the 
Trustees confirmed sale of the advertised parcel. 



LEVY COUNTY - File No. 2213-38-253.12, Land to be Advertised. 
Robert W. Wigglesworth, on behalf of John P. A. Wilson, made appli- 
cation for a parcel of sovereignty land containing 4.59 acres 
adjacent to Main Ship Channel abutting Government Lot 1, Section 
32, Township 15 South, Range 13 East, in the City of Cedar Key, 
Levy County, to be used in conjunction with enlargement of a 
marina. The staff had ordered an appraisal on June 10, 1969. 

Florida Board of Conservation biological report was not adverse to 
development, remarking that submerged lands seaward of the present 
shoreline are uriTegetated and do not contain oysters. The Trustees 
approved the city's comprehensive bulkhead line on April 15, 1969. 

Director Randolph Hodges said he would like to advise the Board 
that the article in the newspaper was factual, that he was president 



6-24-69 

- 355 - 



of the corporation that sold the upland for construction of a 
marina, that taxes had been paid on the submerged land for about 
fifty years and his family had five warranty deeds, but he had 
found that the siabmerged land had never been conveyed by the State 
of Florida, 

On motion by Mr . Christian, seconded by Mr. Adams and adopted, the 
Trustees authorized advertisement of the land for objections only. 



GLADES COUNTY - File No. 2221-22-253.36, Land Exchange. 
Robert Grafton, District Counsel of Central and Southern Florida 
Flood Control District, on behalf of M. Lewis Hall, applicant, 
requested a land exchange of Lake Hicpochee reclaimed lake bottom 
land abutting fractional Section 22, Township 42 South, Range 32 
East, containing 8 acres abutting his uplands, for which applicant 
would convey 25 acres of marginal lands lying in Sections 26, 27, 
34 and 35 to the Trustees and had also agreed to convey 25 acres 
of similar lands to the District and grant additional rights of 
way through his uplands to accommodate enlargement of canal C-43 
(Caloosahatchee Canal) . 

Central and Southern Florida Flood Control District by Resolution 
No. 866 adopted June 6, 1969, recommended that the Trustees enter 
into the land exchange . 

On motion by Mr. Christian, seconded by Mr. Adams and adopted, the 
Trustees authorized the exchange. 



PINELLAS COUNTY - The Division of Mental Retardation requested 
approval and execution by the Trustees of a plat describing that 
certain tract deeded to the state by Pinellas County on October 3, 
1967, for State Project 3703 - Regional Center for Mentally 
Retarded in St. Petersburg, Florida. Purpose of the plat was to 
eliminate all streets, alleys and rights of way in the 20 acres 
made up of small lots in a subdivision, in order to consider the 
property a single unit. 

On motion by Mr. Adams, seconded by Mr. Christian and adopted, the 
Trustees approved the plat for execution svibject to legal approval 
by the Attorney General. 



PALM BEACH COUNTY - File No. 2187-50-253.03, Dedication. 
On June 3, 1969, the Trustees authorized issuance of dedication of 
2.92 acres of sovereignty land to the City of Boca Raton for con- 
struction of bridge, road, park and sewer lift station. On behalf 
of Nellie B. Harvey Winchester Phillips, et al, Mr. C. Robert Burns, 
attorney at law, filed suit in the 15th Judicial Circuit, Palm 
Beach County, to prevent the issuance of the dedication to the city. 

The city and Mr . Burns entered into negotiations in an attempt to 
resolve the matter. By telegram of June 18, 1969, the city 
requested the Trustees to modify the authorized dedication to 
decrease the area, thereby dedicating only such land needed to 
accommodate the bridge and arterial road. City's special counsel, 
Mr. Sidney A. Stubbs, Jr., advised the Trustees' office by telephone 
that Mr. Burns would withdraw his suit against the city and Trustees 
if the city would obtain only such land needed for bridge and road 
purposes. By telegram dated June 18, 1969, Mr. Burns on behalf 



6-24-69 



- 356 - 



of his clients agreed with the city's request. 

On motion by Mr. Adams, seconded by Mr. Christian and adopted, the 
Trustees authorized modification of the existing dedication in 
accordance with the request of Mr. Stubbs, special counsel for the 
City of Boca Raton. The instrument, as approved by the Attorney 
General, was executed by the Trustees present on this date. 



GLADES COUNTY - Canal Right of Way and Spoil Area Easements. 
The Central and Southern Florida Flood Control District applied for 
easements for canal rights of way and spoil areas for canal C-19 
and canal C-43 in Glades County, as follows: 

1. Canal Right of Way Easement, Canal C-19. Right of way for 
said canal was granted on December 5, 1955, by Trustees 
Instrument No. 21433. Application was made for an additional 
easement abutting Canal C-19 covering 1.54 acre parcel (Parcel 
355-D) in unsurveyed Section 28, Township 42 South, Range 

32 East, Glades county. 

2. Canal Right of Way Easement, Canal C-43, File No. 2222-22- 
253.03. Right of way for said canal was granted on September 

20, 1933, to the United States. Application was made for 
additional canal right of way easement abutting Canal C-43 
through Lake Hicpochee described as Parcel 334-B embracing 
0.29 acre in unsurveyed Section 29, and Parcel 336-B embracing 
0.29 acre in unsurveyed Section 30, all in Tovmship 42 South, 
Range 32 East, Glades County. 

3. Canal Right of Way Easement, Canal C-43, File No. 2223-22- 
253.03. Right of way for said canal was granted to the United 
Statss on September 20, 1933. Application was made for addi- 
tional canal right of v;ay easement abutting Canal C-43 
described as follows: Parcels 356-1 and 356-2 embracing 10 
acres and 17.03 acres, respectively, in unsurveyed Section 28; 
Parcels 430-1 and 430-2 embracing 1.14 acres and 5.91 acres, 
respectively, in unsurveyed Section 21; Parcels 451 and 451-A 
embracing 11.26 acres and 9.21 acres, respectively, in unsur- 
veyed Section 22; All in Township 42 South, Range 32 East, 
Glades County. 

4. Spoil Area Easements, Canal C-43, File No. 2224-22-253.03. 
Application was made for four (4) spoil area easements abutting 
Canal C-43 through Lake Hicpochee described as: Parcels 356-B-l 
and 356-B-2 embracing 9.15 acres and 3.8 acres, respectively, 
in unsurveyed Section 28; Parcels 430-B-l and 430-B-2 embracing 
9.72 acres and 5.84 acres, respectively, in unsurveyed Section 
21; Parcel 451-C embracing 12.13 acres in unsurveyed Section 
22; All in Township 42 South, Range 32 East, Glades County. 

5. Temporary Spoil Area Easements, Canal C-43. 
Application v/as made for thirteen (13) temporary spoil area 
easements abutting Canal C-43 through Lake Hicpochee described 
as follows: Parcel 334-C embracing 0.92 acre in unsurveyed 
Section 29; Parcel 33&-C embracing 0.92 acre in unsurveyed 
Section 30; Parcels 356-A-l, 356-A-2, 356-A-3, 356-A-4, 
356-A-5, 356-A-6 and 356-A-7 embracing 3.66 acres, 2.06 acres, 
2.70 acres, 3.13 acres, 4.7 acres, 1.01 acres and 0.24 acre, 
respectively, in unsurveyed Section 28; Parcel 451-B-2 
embracing 4.07 acres in unsurveyed Section 22; Parcel 430-A-2 
embracing 3.24 acres in unsurveyed Section 21; Parcel 451-D 



6-24-69 

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embracing 8.0 acres in unsurveyed Section 22; Parcels 356-E, 
430-C, 451-E and 440 embracing 0.51 acre in unsurveyed 
Section 21, 24.28 acres in unsurveyed Section 22, 1.28 acres 
in unsurveyed Section 27, and 9.12 acres in unsurveyed 
Section 28, All in Township 42 South, Range 32 East, Glades 
County . 

Florida Game and Fresh Water Fish Commission offered no objection 
to the projects involving the above described land. 

On motion by Mr. Adams, seconded by Mr. Christian and adopted, the 
Trustees authorized issuance of the easements requested by Central 
and Southern Florida Flood Control District. 



HILLSBOROUGH COUNTY - Extension of Fill Permit, Section 253.124 
Florida Statutes, File 1931-29-253.124 (Apollo Beach Development). 
Lawrence J. O'Neil on behalf of Francis J. Corr, Paul B. Dickman 
and Robert E. Lee & Co., Inc., applied for a time extension of an 
existing fill permit issued by Hillsborough County on June 19, 
1967, and approved by the Trustees on July 11, 1967. At the time 
the permit issued the law provided that fill permits expired after 
two years from date of issuance, and the existing permit is due to 
expire on June 19, 1969. However, the Corps of Engineers delayed 
issuing the federal permit for nine (9) months, cutting short 
actual v/orking time to fifteen (15) months. 

The Director asked that this matter be removed from the agenda for 
further investigation. 

Governor Kirk asked for comment by Mr. Nathaniel P. Reed of his 
office, who said the United States had taken exception to the case 
and considered it important that their objections be considered. 
The Director added that some violations had been reported which 
would be investigated. 

Without objection, the application was removed from the agenda 
for investigation by the staff. 



DADE COUNTY - Dredge Permit, Beach Nourishment, 

Section 253.123 Florida Statutes, File No. 306. 
Fred W. Maley, Acting Village Manager of Bal Harbour Village, 
applied for permit to remove 123,000 cubic yards of material from 
Biscayne Bay in Section 26, Township 52 South, Range 42 East, Dade 
County, for a beach nourishment project approved by the staff of 
Florida Board of Conservation. 

This matter was approved in the meeting of the Board of Conservation 
on this date. There was no objection to the proposed borrow in 
the Atlantic Ocean in water depths of approximately -20 MLW. The 
Board of Conservation had previously recommended offshore ocean 
borrow areas rather than shallow vegetated waters in bays and 
sounds . 

On motion by Mr. Christian, seconded by Mr. Conner and adopted, 
the Trustees approved the application for dredge permit. 



DADE COUNTY - Dredge Permit, Section 253.123, Permit No. 293. 

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Peoples Gas System, North Miami, Florida, applied for permit to 
install a subaqueous welded steel natural gas main across Biscayne 
Bay adjacent to Bridge No. 84, 79th Street Causeway, North Bay 
Village, in Section 9, Township 53 South, Range 42 East, Dade 
County. All required exhibits had been furnished. 

The Florida Board of Conservation biological survey report 
indicated no adverse effects on marine biological resources. 

On motion by Mr. Christian, seconded by Mr. Conner and adopted, 
the Trustees approved the application for dredge permit. 



PALI'l BEACH COUI'JTY - Dredge Permit, Material to Improve Uplands. 
Florida State Road Department applied for permit to remove 70,391 
cubic yards of material from within the Intracoastal Waterway 
right of way in Section 9, Township 47 South, Range 43 East, Palm 
Beach County, for use in the construction of North 40th Street in 
Boca Raton. All required exhibits were furnished. 

Staff requested waiver of requirement of biological study as provided 
under Section 253 .123 (3) (a) Florida Statutes, since the needs of 
the public would be served. 

On motion by Mr. Conner, seconded by Mr. Christian and adopted, the 
Trustees approved the dredge permit for the State Road Department. 



PINELLAS COUNTY - Dredge Permit, Section 253.123 Florida Statutes, 

Permit No. 297. 
Florida Power Corporation of St. Petersburg, Florida, applied for 
permit to install a submarine cable crossing the Intracoastal 
Waterway in Boca Ciega Bay from the east end of Structure "C" 
Pinellas Bayway to Vina Del Mar in Section 8, Tovmship 32 South, 
Range 16 East, Pinellas County. All required exhibits were 
furnished. 

The Florida Board of Conservation biological study report indicated 
that the proposed installation would have no adverse effects on 
marine biological resources. 

On motion made by Mr. Christian, duly adopted, the Trustees 
approved the application for dredge permit for the submarine cable 
installation. 



ST. LUCIE COUNTY - File No. 2136-56-253.124; Dredge Permit, Section 

253.123; Fill Permit, Section 253.124 F. S. 
Holiday Out of America, Inc., represented by George W. Sommer, 
applied for approval of a fill permit issued by the Board of County 
Commissioners of St. Lucie County on May 28, 1968, by Resolution 
No. 68-59, and requested issuance of a dredge permit under provi- 
sions of Section 253.123 Florida Statutes. The developer 
contemplates utilization of 60,000 cubic ^a rds of material from 
state-owned bottoms to fill a parcel, sale of v;hich was confirmed 
by the Trustees on June 10, 1969. 

The biological survey report submitted by the Florida Board of 
Conservation on January 31, 1963, in conjunction with establish- 
ment of the bulkhead line, was not adverse to dredging and filling 
related to development. 



6-24-69 

- 359 - 



Motion was made by Mr. Williams, seconded by Mr . Christian and 
adopted, that the Trustees approve fill permit and issuance of 
dredge permit upon receipt of payment in the amount of $6,000 for 
the fill material. 



VOLUSIA COUNTY - Dredge Permit, Section 253.123 Florida Statutes, 

Permit No. 294. 
Florida Power and Light company, Daytona Beach, Florida, applied 
for permit to install a submarine cable crossing the Halifax River 
in Daytona Beach in Section 27, Township 15 South, Range 33 East, 
Volusia County. All required exhibits had been furnished. 

Florida Board of Conservation biological study report indicated 
no adverse effects on marine biological resources. 

On motion by Mr. Williams, seconded by Mr. Christian and adopted, 
the Trustees approved the application for dredge permit. 



VOLUSIA COUNTY - Dredge Permit, Section 253.123 Florida Statutes, 

Permit No. 295. 
Florida Power and Light company, Daytona Beach, Florida, applied 
for permit to install a submarine cable crossing the Halifax River 
in Daytona Beach in Section 5, Township 15 South, Range 33 East, 
Volusia County. All required exhibits had been furnished. 

Florida Board of Conservation biological survey report indicated no 
adverse effects on marine biological resources. 

On motion by Mr. Williams, seconded by Mr. Christian and adopted, 
the Trustees approved the application for dredge permit. 



BAY COUNTY - Dock Permit (Marina), Section 253.03 Florida Statutes, 

and Dredge Permit, Section 253.123 Florida Statutes. 
Lelon Marcum of Panama City, Florida, applied for permit to repair 
and to alter an existing dock by adding 10 covered boat slips, and 
to redredge a boat basin and access channel 50 feet wide by 5 feet 
deep by 70 feet long to the Intracoastal Waterway in West Bay 
adjacent to applicant's upland property in Section 28, Township 
2 South, Range 16 West, Bay County. The material removed from the 
dredging would be deposited on applicant's upland. All required 
exhibits including $100 processing fee had been furnished. 

The Florida Board of Conservation biological survey report indi- 
cated that the submerged land was sandy and unvegetated, and this 
project should not have significant adverse effects on marine life. 

On motion by Mr. Christian, seconded by Mr. Williams and adopted, 
the Trustees approved the dock and dredge permits. 



DADE COUNTY - Dock Permit, Section 253.03 Florida Statutes. 
Wilbur M. Snider of Surf side, Florida, applied for permit for the 
construction of a dock in Indian Creek at 6770 Indian Creek Drive 
in Township 52 South, Range 42 East, Dade County. All required 
exhibits including $100 processing fee for state commercial dock 
permit had been furnished. 



6-24-69 



- 360 - 



Motion was made by Mr. Williams, seconded by Mr. Christian and 
adopted, that the state dock permit be issued. 



MARTIN COUNTY - Dock Permit, Section 253.03 Florida Statutes. 
Dean Development Co., Inc., applied for a permit to construct a 
150-ft. extension of an existing dock in the St. Lucie River at 
Stuart, Florida, in Section 3, Township 38 South, Range 41 East, 
in Martin County. All required exhibits, including $100 processing 
fee for state commercial dock permit, had been furnished. 

On motion by Mr. Conner, seconded by Mr. Williams and adopted, the 
Trustees approved the application for dock permit. 



TRUSTEES FUNDS - On June 17 the Governor asked for a report on this 
date concerning Florida Bar Assocj.ation' s review of the bills for 
legal services submitted by Mr. Dennis M. O'Connor and Mr. Allan 
Milledge in connection with Drilling Lease No. 248 As Modified. 

The Director said that a letter from Mr. Marshall R. Cassedy, 
Executive Director of Florida Bar Association, advised that the 
request for review of the bills was submitted at their meeting on 
June 21, 1969, and if desired by the Trustees, they would submit 
a list of responsible lawyers who would be in position to carefully 
review and evaluate the statements for professional services 
rendered. 

Mr. Conner was not in favor of paying such a large amount unless 
the Trustees followed the suggestion of the Florida Bar Association. 

Mr. Adams said they had made a mountain out of a mole hill, that 
the amount involved for the recommendations contributed by the two 
attorneys which had been accepted by the voiding of the lease, was 
acceptable in view of the total value of the state natural 
resources involved. 

Motion was made by Mr. Adams, seconded by Mr. Williams and adopted 
on a vote of three to two, that the bills for services received be 
paid. Messrs. Christian and Conner voted "No". 



Secretary of State Tom Adams said the memorandum he had distributed 
last week on several items he considered important on processing 
bulkhead lines, policies on sales, dredging, fill permits, and 
authorizing the staff to use discretion to determine which counties 
were making sufficient progress, also illegal dredge matters, had 
been discussed with the Attorney General's office. The recommenda- 
tions had been reduced, he said, to such form that they could be 
considered by the Trustees when desired, in order to clarify some 
areas so that the staff could proceed. 

Mr. Christian said he was in favor of it and would like to have 
it on the agenda of the next meeting. It was so ordered. 



DADE COUNTY - File No. 2094-13-253.12. Land Sale. 

On motion by Mr. Williams, seconded by Mr. Christian and adopted, 

the rules were waived to allow further hearing of an application 



6-24-69 

- 361 - 



by The Jockey Club, Inc., to purchase 1.69 acres of sovereignty 
land in Biscayne Bay abutting Lot 25, Block 1; Lots 22 through 24, 
Block 2; and the lands lying between the bayward projection of 
Waterview Walk to the bulkhead line. Water View Park Subdivision, 
Plat Book 9, Page 18, in Section 32, Township 52 South, Range 42 
East, Dade County. When the Trustees considered the application 
on June 10, 1969, action was deferred pending action by Dade 
County on review and revision of county bulkhead lines. 

Representing the applicant, Mr. William J. Roberts, attorney, 
asked to be heard. Secretary of State Tom Adams said that he had 
asked for this item to be deferred, feeling that Dade County was 
guilty of inaction on bulkhead lines, but the applicant had been 
held up by the moratorium a year ago and now their development, 
which was ready to proceed, appeared to have become a whipping boy 
for matters not under their control. 



The Director explained that there were three appraisals, viz. 
$3,400 per acre, $22,151.90 pep acre, and $7,840 per acre. 

When the rules were waived for consideration of this matter, Mr. 
Williams had made a motion for approval, seconded by Mr. Christian. 
This motion was now withdrawn in view of the wide difference in 
appraisals. The Director suggested the three appraisals be 
averaged. Mr. Christian said the Trustees should receive the 
highest price, and he and Mr. Conner suggested that another 
appraisal be secured which Mr. Roberts said the applicant would 
be bound by but had offered to pay the averaged amount. 

Governor Kirk expressed dissatisfaction with valuations made for 
the state being so widely divergent and asked if the applicant 
would not pay the highest appraisal price. There was discussion 
of the appraising procedure for state sovereignty lands which 
appeared to have problems. 

Motion was made by Mr. Christian, seconded by Mr. Williams and 
adopted, that the Trustees confirm sale to The Jockey Club, Inc., 
at the highest appraisal, $22,151.90 per acre. Mr. Roberts said 
his client would accept that. 



On motion duly adopted, the Trust 



ATTEST: 




6-24-69 



- 362 - 



Tallahassee, Florida 
July 1, 1969 



The State of Florida Board of Trustees of the Internal Improvement 
Trust Fund met on this date in the Capitol, in Senate Hearing Room 
31, with the following members present: 

Claude R. Kirk, Jr. Governor 

Tom Adams Secretary of State 

Earl Faircloth Attorney General 

Fred O. Dickinson, Jr. Comptroller 

Broward Williams Treasurer 

Floyd T. Christian Commissioner of Education 

Doyle Conner Commissioner of Agriculture 



Jim Smith Administrative Assistant 



Gove rncr Kirk appointed Mr. Ney C. Landrum as Executive Director of 
the Trustees, with the concurrence of three other members of the 
Board, Mr. Adams, Mr. Faircloth and Mr. Conner. Recorded as voting 
"No" were Mr. Christian, Mr. Williams and Mr. Dickinson. 

Under the provisions of the reorganization act, Mr. Landrum' s 
appointment passed and as of July 1, 1969, he became Executive 
Director. 



The minutes of the meeting held on June 24, 1969, were approved 
as submitted. 



VOLUSIA COUNTY - Bulkhead Line. 

Without objection, the rules were waived for consideration of a 

bulkhead line which had not previously been listed on an advance 

agenda. 

The Board of County Commissioners of Volusia County by resolution 
adopted on June 19, 1969, fixed and located a bulkhead line along 
the west right of way line of the Intracoastal Waterway and closely 
following the mean high water line. All required exhibits had been 
furnished and there were no objections at the local hearing. 

The biological report from the Florida Board of Conservation had 
indicated that the proposed bulkhead line would not adversely 
affect marine resources in the area. 

Although the plat submitted to the Trustees was accurate, the 
county's resolution and the newspaper notice were technically 
inaccurate as to the location of the proposed bulkhead 1 ine. 
However, the Clerk of the Circuit Court of Volusia County advised 
the Trustees' office by telephone on June 26 that a corrected 
resolution was being forwarded to correct the scrivener's error 
in the resolution. 

Because the only other affected land owner, adjacent to Mr. Ross 
O. Sullivan who had applied for the establishment of a bulkhead 
line, had signed a letter declaring her knowledge of the actual 
bulkhead line location, full notice to her thereof, and no objec- 
tion thereto, the staff recommended approval subject to subsequent 
correction of the scrivener's error in the county's resolution. 



7-1-69 



- 363 - 



Mr. Smith said the Volusia County Commissioners were working on their 
bulkhead lines, of which they had very few, and that the subject 
line was considered as somewhat of an emergency action. It was 
noted that everything was in order for approval. 

Motion was made by Mr. Adams, seconded by Mr. Fair cloth and 
adopted, that the Trustees approve the bulkhead 1 ine as recommended 
by the staff. 



DADE COUNTY - Bulkhead Line, City of Coral Gables. 

The Commission of the City of Coral Gables by Resolution No. 14579 
unanimously passed and adopted February 11, 1969, confirmed the 
existing bulkhead line within the city limits and further requested 
that the Trustees permit the bulkhead line to remain in Coral Gables 
as established by Ordinance No. 1403 adopted on April 28, 1964. 

Mr. Smith indicated on a map the bulkhead line which was the old 
Harbor Line established in 1964, approved by the Trustees, and 
landward of which a number of sales had been made - some back in 
1925. 

The interagency Committee Report recommended relocation of the 
bulkhead lines in this area to the mean high water line. Staff 
recommended denial of the request contained in the city's resolu- 
tion, since the bulkhead line was not in accordance with the 
Interagency Committee recommendation. 

Mr. Christian felt that the Trustees might be involved in repurchase 
of land or litigation. Mr. Adams said these were matters yet to 
be resolved, that the city asked the Board to reconfirm the old 
line, that the Trustees could not change the line. 

Mr. Adams made a motion that the request of the City of Coral 
Gables be denied, which was adopted without objection. 

Mr. Marion E. Sibley, representing Gables By The Sea, Inc., who 
was shown on the agenda as requesting to be heard in connection 
with a dredge and fill application in Biscayne Bay within the City 
of Coral Gables, made statements concerning his application for a 
dredge and fill permit in Coral Gables, his request to be heard 
which he said the staff had denied, but he insisted that the Board 
could not deny his client's rights to be heard; and he asked that 
his application be considered on a subsequent date and the action 
on the Coral Gables bulkhead line be deferred. He said disapproval 
was futile, the Trustees could not change the bulkhead line, and 
indicated that because the Interagency Committee recommendation was 
not accepted by the city did not give the Board the right to set 
aside the city's bulkhead line. 

Mr. Adams explained that there was no intention to deny anyone a 
hearing, that the staff had been told that the Board v/ould not 
entertain applications for dredge and fill permits behind bulkhead 
lines at variance with Interagency reports unless the local 
governmental agency was making satisfactory progress in reviewing 
such lines, that the Board could not change the bulkhead line but 
the city was asking for reaffirmation of the original bulkhead 
line which was at variance with the Interagency report. He said 
Mr. Sibley would be heard now or at a later date, but he would not 
approve the application as he understood it. 

Governor Kirk commented that the old bulkhead line was one thousand 
feet and more offshore, and the city's request had been denied. 



7-1-69 
- 364 - 



The other members also indicated that the Board had never denied 
anyone an opportunity for a hearing, and on motion by Mr. Christian, 
seconded by Mr. Dickinson and adopted, the matter was scheduled 
to be placed on the agenda for the meeting of July 15, 1969. 



DADE COUNTY - File No. 2152-13-253.12, Land Sale. 

On May 13, 1969, the Trustees authorized advertisement for objec- 
tions only of a parcel of sovereignty land in DumfoundLing Bay 
abutting Section 2, Township 52 South, Range 42 East, Dade County, 
containing 0.545 acre, more or less, applied for by S. Lee Crouch 
on behalf of Robert Gould for the purpose of blocking up an area 
between previous siibmerged land purchase and existing established 
bulkhead line. At the rate of $1000 per acre, the total offer for 
the parcel was $545.00. 

The biological report was adverse to development of the parcel. 
However, on January 28, 1969, the Trustees had authorized issuance 
of a dredge permit to excavate 425,000 cubic yards of material 
from Dumfoundling Bay to Mr. Gould and in view of the extensive 
dredging proposed, sale and development of the 0.545 acre parcel 
should not have any significant effect upon biological resources. 

The Interagency Advisory Committee Report No. 1 confirmed location 
of the bulkhead line, and no objections were received to the sale 
which was advertised in the Miami Beach Sun for four weeks, proof 
of publication filed in the Trustees' office. 

Pursuant to Trustees' action on June 10, 1969, directing deferment 
of all applications in Dade County, the Staff recommended deferment. 
But Mr. Crouch, attorney for the applicant, was present and asked 
to be heard. He explained that the application, pending since 
September 1968, involved a small hiatus between the existing 
bulkhead line and a sale previously made on which fill permit had 
been granted, that the application had been deferred several times 
and to leave this one small parcel out would constitute a hardship. 

There was discussion of the similar application approved last week, 
which, however, had not been on the agenda. The Governor said the 
Board was trying to get Dade County to take action on its bulWiead 
lines. 

Motion was made by Mr. Christian that the sale be confirmed. Mr. 
Dickinson seconded the motion which was adopted with five affirma- 
tive votes (required for a land sale). Governor Kirk and Mr. Adams 
voted "No". 



HIGHLANDS COUNTY - Dredge Permit, Section 253.03 F. S. 

Mr. Ed J. McEnany applied for permission to dredge approximately 

65 cubic yards of material from an existing canal along the front 

of his property on Lake Istokpoga in Section 33, Township 35 South, 

Range 30 East, Highlands County. He tendered check in the amount 

of $50.00 for the material removed, to be placed on his upland 

property. 

Florida Game and Fresh Water Fish Commission report on the project 
was favorable subject to the usual stipulations as to dredging. 

On motion by Mr. Christian, seconded by Mr. Adcims and adopted, 
the Trustees approved issuance of the permit. 



7-1-69 



- 365 - 



LEE COUNTY - Dredge Permit, Section 253.123 Florida Statutes. 
Mr. Granville W. Keller applied for permission to perform mainte