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.
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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.
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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
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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.
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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.
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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.
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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 meeting 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,
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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
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='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
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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
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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
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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
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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.
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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.
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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.
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9-3-68
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(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)
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9-3-68
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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
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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)
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(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),
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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
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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
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Sept 3, 1968
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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
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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
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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
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9-17-68
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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,
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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
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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.
SARASOTA 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.
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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.
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(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
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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
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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
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- 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
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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
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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.
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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.
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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
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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.
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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
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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
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- 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.
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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
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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
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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
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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
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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
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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
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- 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.
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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
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- 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.
FLAGLER 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.
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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.
CITRUS 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,
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- 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
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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,
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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.
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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.
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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
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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.
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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
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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
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"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.
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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.
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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
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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
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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.
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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,
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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 ^
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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.
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(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.
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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.
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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.
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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
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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
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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.
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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
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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,
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\ D^fECTOR n
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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.
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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
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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.
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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,
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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
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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.
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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.
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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
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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
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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 //
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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
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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
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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
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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).
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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.
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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.
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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
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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
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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,
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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
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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.
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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.
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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
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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.
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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
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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;
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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
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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
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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
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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.
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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
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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
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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
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On motion duly adopted, the meeting wa
ATTEST:
^ I^RECTOR /7
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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
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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
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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
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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
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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
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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
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$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
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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
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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
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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
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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.
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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 COUNTY - 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.
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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
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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.
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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
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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
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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
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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.
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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.
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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.
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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,
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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 ^
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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.
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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.
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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.
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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.
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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
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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
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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
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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
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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.
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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
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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.
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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
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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.
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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
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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.
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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
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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
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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
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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
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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
- 288 -
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
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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.
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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
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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.
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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
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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.
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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.
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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
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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.
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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
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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
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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
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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
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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.
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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 COUNTY - 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
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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 COUNTY - 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 COUNTY - 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 COUNTY - 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 PETROLEUM 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.
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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.
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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
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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.
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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«
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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,
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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
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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
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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
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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
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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
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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.
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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
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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.
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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
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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.
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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.
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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
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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.
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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
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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.
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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
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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.
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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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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.
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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
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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.
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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
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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.
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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
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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 .
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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.
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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-
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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.
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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
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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
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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
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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
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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
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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.
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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.
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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
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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:
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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
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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
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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.
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LEE COUNTY - Dredge Permit, Section 253.123 Florida Statutes.
Mr. Granville W. Keller applied for permission to perform mainte-
nance dredging to remove silt from an existing channel in Sections
18 and 19, Township 43 South, Range 26 East, in the Caloosahatchee
River in Lee County. The material would be placed on applicant's
upland behind dikes.
The Florida Board of Conservation biological report indicated
that removal of the silt to provide depths necessary for large
pleasure crafts at low water would not adversely affect marine
resources in the area.
On motion by Mr. Christian, seconded by Mr. Dickinson and adopted,
the Trustees approved issuance of the permit.
MARTIN COUISITY - Dredge Permit, Section 253.123 Florida Statutes.
Yacht and Country Club of Stuart, represented by Heiman and Crary,
attorneys, applied for permit to construct a navigation channel
100 feet wide, 5 feet deep and 600 feet long to connect Crooked
Creek with Manatee Creek in Martin County.
Applicant tendered check for $267.70 as payment for the 2,677
cubic yards of material to be dredged from the over cut and
deposited on applicant's upland.
The Florida Board of Conservation biological report indicated
that the offshore submerged lands in the area were heavily silted,
and while destruction of the few red mangroves near shore would
not be in the best interest of conservation, the proposed channel
would provide access to an existing interior waterway.
On motion by Mr. Dickinson, seconded by Mr. Adams and adopted,
the Trustees approved issuance of the permit.
SANTA ROSA COUNTY - Dredge Permit, Section 253.123 F. S.
Mr. F. W. Sherrill, Squirrel's Tent City Camp Grounds, in Gulf
Breeze, Florida, applied for a permit for maintenance dredging
to remove silt in an existing bathing beach area in Santa Rosa
Sound in Sections 29 and 32, Township 2 South, Range 27 West,
Santa Rosa County. The material was to be placed on the
applicant's upland property.
The Florida Board of Conservation biological report indicated that
it was a sandy, unvegetated area except for a small amount of
Cuban shoalgrass in the southeast corner and the project should
not have significant adverse effects on marine life.
On motion by I-Ir . Dickinson, seconded by Mr. Christian and adopted,
the Trustees approved issuance of the permit.
SARASOTA COUNTY - Dredge Permit, Section 253.123 Florida Statutes.
Attorney William C. Strode on behalf of The Field Club, Sarasota,
Florida, v/as granted a maintenance dredging permit by the
Sarasota County Water and Navigation Control Authority, subject
to Trustees' approval, for maintenance dredging to restore the
existing 650 ft. by 50 ft. channel to its original depth of -5 MLW,
Approximately 1000 cubic yards of material would be removed from
the existing channel and placed on applicant's upland.
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Governor Kirk asked about payment for the material, and Mr. Smith
advised that no payment was received unless there is overdredging
(more than the standard 50 ft. wide and 5 ft. deep), that
applicant is required to provide spoil area for the dredged silt,
and the conservation report indicated no damage provided the spoil
was placed on adequately diked areas to prevent silting damage to
marine resources in the area.
On motion by Mr. Christian, seconded by Mr. Adams and adopted,
the Trustees approved issuance of the permit for dredging in
Sarasota Bay in Section 6, Township 37 South, Range 18 East,
Sarasota County.
VOLUSIA COUNTY - Dredge Permit, Section 253.123 Florida Statutes.
Mr. Ross 0. Sullivan applied for permit to remove 300 cubic yards
of material from the Indian River North in Section 2, Township 18
South, Range 34 East, Volusia County, for deposit on his upland
property. He tendered check for $50 as minimum payment for the
material.
The conservation report indicated that the narrow dredging area
immediately offshore from the proposed seawall would not adversely
affect marine resources.
On motion by Mr. Adams, seconded by Mr. Christian and adopted,
the Trustees approved issuance of permit to dredge the fill
material.
PALM BEACH COUNTY - Maintenance Spoil Area Easement.
The United States Corps of Engineers, Jacksonville District,
requested a maintenance spoil area embracing approximately 6.9
acres of sovereignty land in the Atlantic Ocean abutting Section
32, Township 40 South, Range 43 East, Palm Beach County, needed
in connection with maintenance dredging of the Intracoastal
Waterway at the confluence of the Loxahatchee River, the Waterway
and Jupiter Inlet.
Staff recommended approval subject to the District Engineer
securing necessary easements from upland owners.
On motion by Mr. Adams, seconded by Mr. Dickinson and adopted,
the staff recommendation was accepted as the action of the Board.
PALM BEACH COUNTY - A report had been submitted to each of the
Trustees concerning dredging of Boca Raton Inlet by Arvida Corpora-
tion. An investigation had been made, following a report received
on April 17, 1969, from the Deputy Mayor of Boca Raton that said
corporation was in violation of permit approved by the Trustees
on April 1, 1969. Resolutions protesting the dredging were
received from Broward County and the Town of Hillsboro Beach.
Summarizing the investigation report, there was a technical
violation of the dredge permit, hov;ever the rock that was deposited
on the upland would not have been suitable for deposit on the
beach and had been pumped onto the applicant's upland although
not needed and might have to be removed in the future, all the
sand could not be separated from the rock but sand suitable for
placement on the beach will be placed into the tidal zone at the
appropriate time, successful maintenance dredging of the channel
7-1-69
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in the Boca Raton Inlet has been accomplished at the expense of
Arvida Corporation constituting a conunendable public service.
Staff recommended that the permit approved on April 1, 1969, and
issued to Arvida Corporation on April 18, 1969, be amended as
appropriate to permit actions recommended by the Director of the
Division of Beaches and Shores and agreed to by representatives of
the Arvida Corporation.
Mr. Adams commented on the maintenance dredging done by Arvida
at their own expense and the favorable report before the Trustees
for consideration. On motion by Mr. Adams, seconded by Mr. Williams
and adopted, the Trustees authorized amendment of the permit as
recommended.
OKALOOSA COUNTY - Dock Permit, Section 253.03 Florida Statutes.
Mr. Ben Marler, Jr., applied for a commercial dock permit for
construction in Old East Pass Lagoon, Marina Point Military
Reservation, Township 2 South, Range 22 West, Okaloosa County.
All exhibits including $100 processing fee had been furnished.
On motion by Mr. Christian, seconded by Mr .Adams and adopted, the
Trustees approved the application.
PINELLAS COUNTY - Dock Permit, Section 253.03 Florida Statutes.
The Pinellas County Water and Navigation Control Authority
approved the following commercial dock permits, subject to
approval by the Trustees:
H. F. Hallock, Treasure Island, Florida, for a commercial
dock in Boca Ciega Bay, Lots 14 and 15, Block F, Isle of Palms;
Fair, Inc., Treasure Island, Florida, for a commercial dock
adjacent to Lots 17, 18, 19 and 20, Block B, Capri Isle in
Boca Ciega Bay.
All required exhibits including $100 processing fee were furnished
for each application.
On motion by Mr. Christian, duly adopted, the Trustees approved
issuance of the dock permits.
BAY COUNTY - Right of Way Easement, File 2226-03-253.03.
The State Road Department requested dedication of right of way
across 1.83 acres of bottom lands in Williams Bayou in Section 6,
Township 3 South, Range 13 West, Parcel No. 110.1, High Point
Road, Section 46656-2601, in Bay County.
The bulkhead line was approved June 24, 1969. The area is now
fresh water lake, artificially created (Deerpoint Lake) .
On motion by Mr. Adams, seconded by Mr. Christian and adopted, the
Trustees authorized issuance of a dedication to the State Road
Department.
GLADES COUNTY - Canal Right of Way and Temporary Construction
Area Easements.
The Central and Southern Florida Flood Control District applied
7-1-69
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for easements for canal rights of way and temporary construction
area for Canal C-43, Section 5-B, as follows:
1. File 2227-22-253.03, additional right of way easement
abutting Canal C-43 in the vicinity of the Town of Moore Haven,
Said canal right of way was granted on September 20, 1933, to
the United States. Parcel 436 embracing 0.31 acre in NW% of
SW^ of Section 12, Township 42 South, Range 32 East, is a
part of a spoil easement granted on September 18, 1935, to
the United States.
The United States proposes to enlarge the canal and
requires additional canal rights of way.
2. File 2228-22-253.03, additional right of way easement
abutting Canal C-43 in the vicinity of the Town of Moore Haven,
Said canal right of way was granted on September 20, 1933,
to the United States. Parcel No. 464 embracing 0.3 acre lies
in NWJj of Section 12, Township 42 South, Range 32 East.
3. Temporary Construction Area Easement abutting Canal C-43
in the vicinity of the To\^m of Moore Haven. Parcel No. 464-A
embracing 0.1 acre lies in NW^j of Section 12, Township 42
South, Range 32 East.
On motion by Mr. Adams, seconded by Mr. Williams, the Trustees
approved numbers 1 and 2 above; and on motion by Mr. Conner,
seconded by lAr , Adams, the Trustees approved number 3 above, all
for easements to the Central and Southern Florida Flood Control
District.
PALM BEACH COUNTY - Florida Power and Light Company of Miami,
Florida, requested an easement 21 feet wide across the Graduate
Engineering Facility of the University of Florida at VJest Palm
Beach in Section 6, Township 43 South, Range 43 East, Palm Beach
County, for transmission and distribution of electricity to the
said facility. The Board of Regents approved the request.
On motion by Mr. Dickinson, seconded by Mr. Adams and adopted, the
Trustees approved the application for electric line easement.
CHARLOTTE COUNTY - The West Coast Inland Navigation District
requested a corrective instrument to supersede Permanent Spoil
Disposal Easement No. 23557 recorded in O.R. Book 287, Page 407,
Public Records of Charlotte County, Florida. One call in the
description furnished by West Coast Inland Navigation District
and used in the original instrument was in error.
On motion by Mr. Conner, seconded by Mr. Adams and adopted, the
Trustees approved issuance of the corrective instrument.
PALM BEACH COUNTY - Mrs. Margaret Wilson applied for a corrective
instrument to correct erroneous distance recitation in the
original Trustees Deed No. 20320 issued in 1952.
On motion by Mr. Conner, seconded by Mr. Dickinson and adopted,
the Trustees approved issuance of the corrective deed.
7-1-69
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TRUSTEES POLICIES AND GUIDELINES - On motion by Mr. Williams,
seconded by Mr. Christian, the Trustees adopted the following
policies and guidelines as prepared and distributed by Secretary
of State Tom Adams on June 24, 1969.
1. In cases where the Trustees have approved the establishment
of bulkhead lines prior to and inconsistent with the recommendations
of the Interagency Reports, and where submerged land to such bulk-
head lines has been sold by the Trustees, action should not be
taken at this time to require a relocation of the bulkhead lines.
The Trustees go on record again as to their intention to
rely on the Interagency Reports and the policy they adopted
September 17, 1958, and as amended September 24, 1968, and continue
to refuse to grant permits in such areas where the bulkhead line
has not been relocated to the prescription of the Interagency
Reports.
2. The Trustees have been deluged by the calls of concerned
officials throughout the State of Florida who have interpreted
recent actions by the Trustees to require vast expenditures for
the establishment all at once of comprehensive bulkhead lines
whether or not they are needed and whether or not there are in
fact dangers to submerged land in these areas.
Therefore, the policy of the Trustees is not to require
back-breaking expenditures by counties or municipalities to estab-
lish immediately comprehensive bulkhead lines where such lines are
not now necessary to preserve the submerged lands of the State.
For where there are no bulkhead lines, no dredge and fill permits
can be granted.
3. Applications that conform to the Interagency Reports
shall be placed on the agenda provided the Director is of the
opinion that the counties or municipalities from which the items
come are making satisfactory progress on a bulkhead line study,
and adjustments to conform to the Interagency Reports.
4. Unless otherwise provided by law, it is the policy of the
Trustees of the Internal Improvement Trust Fund, in those cases
where the Board chooses, to sell state-owned sovereignty land that
has been filled without authority, that the sale price be three
times the value of the land in its filled condition without regard
to the price spent on improvements, the price to be determined by
a valid current appraisal unless the obtaining of a current
appraisal would not be economically feasible. In those situations
where the obtaining of an appraisal would not be economically
feasible, the Director is directed to make the best estimate of a
value and to recommend this price to the Board.
5. liJhere navigation channels over submerged land, whether in
private or state ownership, are commenced without the proper
permits, a penalty shall be assessed against the party doing the
unauthorized dredging, such penalty to be retroactive as allowed
by law. Said penalty shall be to compensate for the destruction
of natural resources over the area where the unauthorized work
has been done; it is to be understood that the Trustees shall in
their discretion have the authority to require restoration of the
encroached upon or excavated natural resources therein, or in the
alternative, the assessment of monetary penalties.
6. The Director is authorized to place on the agenda items
in the nature of a public purpose or extreme hardship, and such
items shall be considered on their own merits notwithstanding the
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policies stated herein. Such items shall have set forth
specifically the reasons giving them the status of a public
purpose or hardship.
SUBJECTS UNDER CHAPTER 18296
On motion by Mr. Conner, seconded by Mr. Adams and adopted, the
Trustees approved two regular bids for sales of land in Hills-
borough and Okaloosa Counties under the provisions of Chapter
18296, the Murphy Act, Section 192.38 Florida Statutes, listed
on Murphy Act Sale Report No. 95^ and authorized execution of
deeds pertaining thereto.
On motion duly adopted, the meet
ATTEST
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Tallahassee, Florida
July 8, 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.
Tom Adams
Earl Faircloth
Fred 0. Dickinson, Jr.
Broward Williams
Floyd T. Christian
Doyle Conner
Ney C . Landrum
Governor
Secretary of State
Attorney General
Comptroller
Treasurer
Commissioner of Education
commissioner of Agriculture
Executive Director
The minutes of the meeting of July 1, 1969, were approved as
submitted .
Mr. Dickinson advised the Board that Mr. Marion E. Sibley had
requested delay from July 15 to July 29 for the Trustees to hear
the application of his client. Gables By The Sea, Inc.
On motion by Mr. Faircloth, seconded by Mr. Christian and adopted
without objection, the Trustees directed the staff to schedule
the application on the agenda of July 29, 1969.
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CLAY COUNTY - Bulkhead Line, Section 253.122 Florida Statutes.
On motion by Mr. Christian, seconded by Mr. Williams and adopted,
the Trustees waived the advance agenda requirement for considera-
tion of a bulkhead line urgently needed by the State of Florida
Department of Transportation for construction of State Road No. 15.
The Board of County Commissioners of Clay County by resolution
adopted June 15, 1969, located and fixed a bulkhead line in Section
44, John Creighton Grant, Township 4 South, Range 26 East, and in
Section 41, Kingsley Grant, Township 4 South, Range 26 East, along
the right of way line of State Road No. 15 at Orange Park, Clay
County, Florida.
All required exhibits were furnished. There were no objections at
the local hearing. The biological survey report indicated that
the project should have no adverse effects on marine life in the
area.
Motion was made by Mr. Williams, seconded by Mr. Christian and
adopted, that the Trustees approve the bulkhead line as adopted
by Clay County on June 16, 1969.
BREVARD COUNTY - Bulkhead Lines, Section 253.122 Florida Statutes.
The Board of County Commissioners of Brevard County by resolution
adopted January 9, 1969, relocated and established bulkhead lines
in the Indian River at the mean high water line (elevation +0.5
feet MSL) , excepting therefrom submerged lands previously sold
and submerged lands having a valid fill permit effective this date.
The bulkhead line relocation was for the North Brevard County area.
All required exhibits were furnished, and there were no objections
at the local hearing.
Also, the Board of County Commissioners of Brevard County by
resolution adopted on January 23, 1969, relocated and established
bulkhead lines in Central Brevard County in the Indian River,
Banana River and Newfound Harbor, at the mean high water line
(elevation +0.5 MSL), excepting therefrom submerged lands previously
sold and submerged lands having a valid fill permit effective
this date, and excepting the Horti Point bulkhead line. All
required exhibits were furnished and there was one objection at
the local hearing.
The bulkhead lines were relocated in response to the recommenda-
tions of Interagency Committee Report No. 1 and since the county
was in the process of reviewing and relocating bulkhead lines under
its jurisdiction, the staff recommended approval of the lines
presented on this date.
Mr. Adams said Brevard County was to be commended for moving
ahead with bulkhead line revision, that the effect of its action
would leave some extensions where land has been sold, which might
be the only practical solution that would not place a burden on
local governmental bodies of buying back land beyond bulkhead
lines pulled back to mean high water to conform to Interagency
reports.
Motion was made by Mr. Adams, seconded by Mr. Faircloth and
adopted, that the Trustees approve the bulkhead lines established
by Brevard County by resolutions on January 9 and 23, 1969.
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DADE COUNTY - File No. 2189-13-253.12.
On May 27,1969, the Trustees authorized advertisement for objections
only of a 0.57 acre parcel of sovereignty land in Indian Creek
abutting Lots 1 through 8, Block 3, Amended Plat of 2nd Oceanfront
Subdivision, Plat Book 28, Page 28, Public Records of Dade County,
lying in Section 11, Township 53 South, Range 42 East, Dade County,
applied for by S. P. J., Inc., of Miami Beach, represented by Joseph
W. Bradham, Jr., attorney. To supplement uplands in connection with
a multi-family housing development applicant agreed to pay the
appraised value.
Appraisal report by Leonard A. Bisz, M.A.I. , assigned a value of
$2,500 for the parcel. Discussion at the Trustees' staff
conference indicated that the value was low and that action not
be taken on the sale price at the July 8 meeting. Further review
by the staff brought out that a realistic value for the parcel
in Miami Beach would be $5,785.50 which was recommended as the
price for sale on this date.
The biological report was not adverse to sale and deveL opment and
staff was of the opinion that sale and development would not
adversely affect navigation.
Six riparian upland owners had objected that the project would
materially interfere with navigation and that proposed high-rise
structures would degrade the appearance of the neighborhood.
The Trustees approved the bullchead line on May 13, 1969.
Motion was made by Mr. Christian, seconded by Mr. 'Williams, that
the sale be confirmed at the price of $5,785.50 for the parcel.
Mr. Adams restated the Board's position adopted last week that
the staff would recommend approval only in those counties where
satisfactory progress was being made on bulkhead lines in accor-
dance with the Interagency reports, that Dade County has not done
so in the south fifty miles of shoreline.
Mr. Christian disagreed with holding up applications that were in
compliance with the Interagency reports when in two other recent
instances sales in Dade County were approved.
There was further discussion of the policy and the appraisals.
Also, Mr. Joseph W. Bradham made a brief statement on behalf of
the applicant.
On the motion for approval made by Mr. Christian, seconded by Mr .
Williams, Mr. Dickinson and Mr. Conner voted "Yea". The
Governor, Mr. Adams and Mr. Faircloth voted "No". Therefore,
failing to receive five affirmative votes required by law for a
land sale, the purchase application was not approved.
The fill permit for the same land was withdrawn from the agenda.
DADE COUNTY - Dredge Permit, Section 253.123, and Fill Permit,
Section 253.124 Florida Statutes.
Mr. R. V. McAninch of Burk Builders, Inc., representing The Jockey
Club, Inc., Miami, Florida, submitted application for dredge
permit to excavate 54,600 cubic yards of fill material from
Biscayne Bay, and requested approval of fill permit issued by
Dade County pursuant to Resolution No. R-570-69 adopted May 14,
1969.
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The biological report of August 19, 1968, from the Florida Board
of conservation stated that the project should have little adverse
effect on the marine life of the area. Sale of the 1.69 acre
parcel was confirmed on June 24, 1969.
On motion by Mr. Dickinson, duly adopted, the Trustees approved
dredge and fill permits for a charge of $5,460.00 for the fill
material.
FRANKLIN COUNTY - Dredge Permit, Section 253.123 Florida Statutes.
Mr. Harry Morrison applied for permission to construct a single
40-foot by 5-foot by 8G-foot, more or less, channel to connect an
existing upland canal with Alligator Harbor Creek in Section 6,
Township 7 South, Range 1 West, Alligator Point in Franklin
County. The material removed would be placed on applicant's
upland, and the channel connection would provide access to
Alligator Harbor.
The Florida Board of conservation biological report of June 25,
1969, indicated that although the project would destroy .valuable
cord grass habitat, it would provide access to an existing canal
and access from uplands to the east of Barnes Street.
On motion by Mr. Adams, seconded by Mr. Dickinson and adopted, the
Trustees approved issuance of the dredge permit.
OKALOOSA COUNTY - Dredge Permit, Section 253.123 Florida Statutes*
Mr. Ben Marler of Destin, Florida, applied for permission to do
maintenance dredging adjacent to his docks in old East Pass
Lagoon, Marina Point Military Reservation, in Township 2 South,
Range 22 V7est, Okaloosa County. The material would be placed on
his upland property.
The Florida Board of Conservation biological report indicated
that the project would not adversely affect marine resources.
Motion v;as made by Mr. Adams, seconded by Mr. Faircloth and
adopted, that the Trustees approve issuance of the dredge permit.
SARASOTA COUNTY - Dredge Permit, Section 253.123 Florida Statutes.
The City of Sarasota applied for permit to install a sub-aqueous
water main in Big Sarasota Pass from Lido Key to Siesta Key in
Sections 35 and 36, Townghip 36 South, Range 17 East, and Sections
1 and 2, Township 37 South, Range 17 East, Sarasota County.
Florida Board of Conservation biological report indicated the
proposed project would not materially affect marine biological
resources.
Motion was made by Mr. Faircloth, seconded by Mr. Williams and
adopted, that the Trustees approve issuance of the dredge permit.
LEE COUNTY - Dredge Permit, Section 253.123, and
Dock Permit, Section 253.03 Florida Statutes.
Mr. Vaughn Heffner applied for permit to construct a commercial
fishing pier and to dredge to improve navigation adjacent to his
property in Matlacha Pass in the N^ of Section 24, Township 44
South, Range 22 East, Porpoise Island in Lee County.
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All required exhibits were furnished, the material removed during
dredging would be placed on uplands, and the biological report
indicated no adverse effects on marine life.
Motion was made by Mr. Dickinson, seconded by Mr. Adams and
adopted, that the Trustees approve issuance of the dredge and
state commercial dock permits, for $100 processing fee for the
latter permit.
DADE COUglTY - Dock Permit, Section 253.03 Florida Statutes.
The Jockey Club, Inc., applied for a permit to construct a dock
in Biscayne Bay in Section 32, Township 52 South, Range 42 East,
Dade County.
All required exhibits including $100 processing fee were furnished
and staff recommended approval.
On motion by Hr. Dickinson, seconded by Mr. Williams and adopted,
the Trustees authorized issuance of the dock permit.
HILLSBOROUGH COUNTY - Hillsborough Junior College Site.
By virtue of Chapter 67-2236, Laws of Florida (Section 253.03
Florida Statutes), the Trustees hold title to a 160-acre tract in
Section 9, Tovmship 29 South, Range 18 East, in use as a Tuberculosis
Hospital in Tampa, Florida. The State Board of Education at its
meeting June 24, 1969, adopted a resolution requesting the Trustees
to convey to the Board of Trustees of Hillsborough Junior College
the south half of that property for use as a junior college site
for $1.00 and other considerations. The Trustees of the Junior
College would bear all costs for the relocation of all capital
improvements on the land to be conveyed to such other place on
the site as may be designated by the State.
Staff recommended conveyance of the 80-acre tract with appro-
priate restrictions and reverter clause in the instrument. Mr.
Landrum explained that the staff had not conducted any independent
study but based its recommendation on the expressed desire of the
Junior College Board and the fact that the Tuberculosis Board was
not adverse to releasing the 80 acres.
Motion was made by Mr. Williams, seconded by Mr. Christian, for
conveyance of the 80 acres as recommended.
During the discussion Mr. Adams said he opposed the conveyance
because he thought Hillsborough County should contribute to the
Junior College program by donating the site rather than having
it provided by the State. Mr. Conner wanted to know whether
there had been adequate planning for the highest and best use of
the property, but he did feel that education should be at the top
of the priority list. Governor Kirk was opposed to construction
of a junior college at this location because it was more needed
in the Ybor City area, in his opinion. He felt that in selecting
this site the county was delaying providing property for a junior
college v;here it would serve more students.
Mr. Christian explained that traffic studies and preliminary
planning had been completed, that the county had provided a down-
town site which would be available in about two years under an
urban renewal program. He said there were four other universities
in the area and one should be on this side of town, that area high
schools would have a program for deprived students until the
downtown site was ready, that the 80 acres had been given to the
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state by the federal government and, not being needed by the
Tuberculosis Hospital, would be put to educational use for all
citizens.
Mr. Conner suggested that the Director prepare recommendations
from a total usage point of view, whereupon Mr. Christian said
that planning was not in the hands of the Trustees but the Junior
college Board and had been done before the matter was brought
to the Trustees.
On the motion made by Mr. Uilliams and seconded by Mr. Christian
and by Idr. Dickinson, the conveyance of the 80-acre tract with
appropriate restrictions and reverter clause in the instrument
was approved five to two, v/ith Governor Kirk and Mr. Adams
voting "No."
The Governor requested an appraisal report of the 80 acres.
ESCAMBIA COUNTY - Refund.
Final Judgment was rendered in the Leon County Circuit Court in
the case styled Merry v. Trustees (Civil No. 68-309) adverse to
the Trustees and requiring refund to be paid to Edward T. Merry,
as Executor of the Estate of Howard R. Merry, deceased, in the
sum of $9,854.20. That amount represented the sums of money paid
to the Trustees for Oil and Gas Drilling Lease No. 2003 issued
on May 7, 1964, to M. F. Kirby and Edward Merry, Executor of the
Estate of Howard R. Merry, and cancelled on August 10, 1965, by
the Trustees for failure to drill a well within the time required
to pay rentals.
The Circuit Court ruled that the Trustees failed to secure certain
consenting resolutions required under Section 253.61 Florida
Statutes, prior to issuance of said lease and having failed to
do so, had no right to issue the lease. The Attorney General did
not recommend appeal. Therefore, it was recommended that refund
be issued as directed under Section 253.29 Florida Statutes.
Mr. Adams asked if there were other similar cases and the Director
said the staff would review the status of other leases in the
Trustees' office.
Mr. Faircloth expressed the opinion that the refund should be
approved, and Assistant Attorney General Steve Slepin said the
Board was under court order to make the refund, and that it would
set no precedent.
On motion by Mr. Williams, seconded ty Mr . Faircloth and adopted,
the Trustees authorized payment of the refund.
MONROE COUNTY - Proposal for Use of Stockpiled Material.
On motion by Mr. Faircloth, seconded by Mr. Christian and adopted,
the Trustees waived the rules to take up an item prepared as an
addendum to the regular agenda.
On June 10, 1969, the Trustees received sealed bids for the removal
of a stockpile of limestone rock deposited on state-owned sub-
merged land between Stock Island and Raccoon Key in Monroe County.
Mr. William g. Stevens was awarded the bid at a price of $0,501
per cubic yard, contingent on the Commissioner of Education, the
Director and Mr. Stevens trying to work out a plan for using part
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of the material for Florida Keys Junior College, if needed.
On July 7, after consultation with the Trustees' representatives,
Mr. Stevens submitted a proposal for using some 60,000 cubic yards
(of the estimated total 200,000 cubic yards) to fill four areas
desired by the Junior College for expansion purposes. The fill
would be graded and rolled smooth to meet necessary construction
standards, and would be completed within six months. A copy of
Mr. Stevens' proposal was furnished to each member of the Board.
Mr. Stevens represented that the value of the indicated work would
equal the value of the remaining material at the bid price of
$0,501 per cubic yard, and that therefore no further payment
would be due the Trustees. While time had not permitted verifi-
cation by the staff of the figures and values involved, Mr. Stevens
requested that the Trustees consider and approve in concept his
proposal to offset the entire cost of remaining material through
work performed for the Junior College. Staff recommended approval
in concept, subject to verification of the relative values and
preparation of a suitable contract by the Attorney General.
Mr. Landrum said the proposal would create eight additional acres
for the Junior College, v.'ould in effect be a trade of Mr. Stevens'
work for the remaining fill material, and might accomplish some
economies for the State of Florida and be the best way to handle
the matter. Mr. Christian said it would be a very good saving to
the state, pointing on a map where the college extension would be
located. The Governor commented that the Trustees would not
receive anything for the material.
On motion by Mr. Christian, seconded by Mr. Adams and adopted, the
Trustees approved in concept the proposal submitted by
subject to verification of the relative values ai
a suitable contract by the Attorney General.
On motion daly adopted, the Truste
ATTES
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Tallahassee, Florida
July 15, 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.
Earl Faircloth
Fred 0. Dickinson, Jr.
Doyle Conner
Governor
Attorney General
Comptroller
Commissioner of Agriculture
Ney C. Landrum
Executive Director
MONROE COUNTY - Governor Kirk advised that he had received some
further communications regarding the stockpile of limestone rock
deposited on state-owned submerged land between Stock Island and
Raccoon Key in Monroe County, and asked that any new information
be thoroughly reviewed by the Attorney General's office prior to
issuance of a contract to Mr. William G. Stevens pursuant to action
of the Trustees on July 8, 1969.
Mr. Landrum assured the Governor that this would be done.
On motion duly adopted, the minutes of the meeting held on July
8th v/ere approved.
PINELLAS COUNTY - Bulkhead Line, Section 253.122 Florida Statutes.
The Board of County Commissioners of Pinellas County, sitting as
the Pinellas County Water and Navigation Control Authority, by
resolution adopted on April 22, 1969, located and fixed a bulkhead
line along the existing shoreline in Long Bayou in St. Petersburg
in Section 2, Township 31 South, Range 15 East, Pinellas County.
All exhibits were furnished and there were no objections at the
local hearing.
The biological report dated March 4, 1969, indicated that the
bulkhead line should not have adverse effects on marine life,
however construction along the north portion should include
measures which would avoid damage to the shallow productive
bottoms bay^^/ard of the proposed seawall line.
Pinellas County Water and Navigation Control Authority by letter
of July 1st advised that the bulkhead line was located in accor-
dance with recommendations of the Interagency Advisory Committee
Report No. 1.
On motion by Mr. Faircloth, seconded by Mr. Dickinson and adopted,
the Trustees approved the bulkhead line adopted by Pinellas County
on April 22, 1969.
SARASOTA COUNTY - File No. 2019-58-253.12. The Trustees deferred
action on reconfirmation of sale and approval of a restrictive
deed covenant and reverter provisions for the reason that only
four members were present.
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PALM BEACH COUNTY - File No. 2231-50-253.129, Disclaimer.
The Trustees deferred action on an application for a disclaimer
for the reason that only four members were present.
HIGHLANDS COUNTY - File No. 2230-28-253.03, Drainage Easement.
The Department of Transportation requested dedication of a drainage
easement embracing 0.01 acre of Lake Clay bottom lands in Section
31, Township 36 South, Range 30 East, and dedication of a drainage
easement embracing 0.01 acre over bottoms in Lake June in Winter
in Section 30, Township 36 South, Range 30 East, in Highlands
County, designated as Parcel No. 187.1, State Road 25, Section
09010-2501.
The Board of Conservation had no jurisdiction as the lake was
fresh v/ater, and the staff requested authority to issue easement.
On motion by Mr. Faircloth, seconded by Mr. Dickinson and adopted,
the Trustees approved dedication of the land requested by the
Department of Transportatior. .
DUVAL COUNTY - Dock and Dredge Permits, Sections 253.03 and
253.123 Florida Statutes.
Mr. Mat Roland of Mayport, Florida, applied for permission to add
a 60-foot extension to an existing dock facility and to perform
maintenance dredging inside an existing boat slip in the St. Johns
River adjacent to applicant's upland property in Township 1 South,
Range 29 East, Mayport, Duval County. The material removed would
be placed on applicant's upland. All required exhibits, including
$100 processing fee, had been furnished.
The biological survey report dated June 30, 1969, indicated that
the area was not a nursery and breeding ground for marine life
and dredging should not have significant adverse effects on marine
life.
On motion by Mr. Faircloth, seconded by Mr. Dickinson and adopted,
the Trustees approved issuance of state commercial dock permit
and dredge permit to improve navigation.
ESCAMBIA COUI'TTY - Artificial Reef Permit.
Gulf Atlantic Oceanographic Research Society, Inc., applied for
permit for the construction of two artificial reefs in the Gulf
of Mexico, of polypropylene strips located in 20 feet of water
approximately 1500 yards offshore. The midpoint of Site 1 was
located at 30° 16.9' North Latitude and 87° 25.6' West Longitude.
The midpoint of Site 2 was located at 30° 19.94* North Latitude
and 87° 13.2' West Longitude. Applicant tendered check for ?50
in payment of the application fee.
The Florida Board of Conservation report indicated that no commer-
cial trawling for fish or shrimp was done at either of the loca-
tions and recommended a state permit for the unique project to
provide research data on ecological succession of marine plants
and animals on plastic seaweed.
Motion was made by Mr. Conner, seconded by Mr. Dickinson and
adopted, that permit for the artificial reefs be approved.
LAKE COUI^ITY - Dredge Permit, Section 253.03 Florida Statutes
Dr. Randall b. Whitney of Mount Dora, Florida, applied for
permission to remove 900 cubic yards of material from Lake
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Gertrude in Section 25, Township 19 South, Range 26 East, Lake
County, to use for improvement of his upland. He tendered check
in the amount of $90 as payment for the material.
Florida Game and Fresh Water Fish Commission reported favorably
subject to the usual stipulations as to dredging.
On motion by Mr. Faircloth, seconded by Mr . Conner and adopted,
the Trustees approved issuance of the dredge permit.
LEE COUNTY - Dock Permit, Buoy Anchor, Section 253.03 F. S.
Florida Power and Light Company, Miami, Florida, applied for a
permit for installing a mooring buoy anchor to moor barges during
tanker off-loading operations at Florida Power and Light Boca
Grande Fuel Oil Terminal in Charlotte Harbor in Township 43 South,
Range 21 East, Lee County. All required exhibits and $100 proces-
sing fee were furnished.
On motion by Mr. Faircloth, seconded by Mr. Dickinson and adopted,
the Trustees approved issuance of the dock permit.
OKALOOSA COUNTY - Dredge Permit, Section 253.123 F. S.
Shalimar Yacht Basin, Inc., applied for permit for construction of
navigation channel 50 feet by 5 feet by 800 feet into Lake Toto,
and maintenance dredging in an existing channel into Lake Como
from Choctav/hatchee Bay in Sections 5 and 6, Township 2 South,
Range 23 West, Okaloosa County. The material removed would be
placed on upland property.
The biological study indicated no adverse effects on marine
biological resources from the work.
On motion by Mr. Conner, seconded by Mr. Faircloth and adopted,
the Trustees approved the dredge permit.
OKALOOSA COUNTY - Dredge Permit, Section 253.123 F. S.
Norman F. Mueller on behalf of Elliott Point Canal Association
applied for permit to perform maintenance dredging in an existing
channel adjacent to its upland property on Choctawhatchee Bay in
Section 7, Township 2 South, Range 23 West, Okaloosa County. The
material removed would be placed on upland.
The biological report indicated that the area of proposed dredging
was sandy and unvegetated and there should be no adverse effect
on marine biological resources from the small project.
On motion by Mr. Faircloth, duly adopted, the Trustees approved
issuance of the dredge permit to improve navigation.
BREVARD COUNTY - Refund, File No. 1271-05-253.12.
On October 8, 1963, the Trustees authorized advertisement of 1.9
acre parcel of sovereignty land in the Indian River abutting
Section 14, Township 30 South, Range 38 East, Brevard County,
applied for by Robert S. Campbell. An adjoining owner filed suit
for the purpose of determining the boundary of property owned by
Campbell, the sale of the sovereignty land was held in abeyance
due to the litigation, and applicant has now divested himself of
the uplands and requests refund of $190.00 submitted as considera-
tion £)r the sovereignty parcel.
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Motion was made by Mr. Faircloth, seconded by Mr. Dickinson and
adopted, that refund of the $190.00 be authorized.
LEON COUNTY - Capitol Center Property. On June 24, 1969, Mr. Leo
Foster, attorney representing Leon County Blood Bank, made an offer
to sell the Blood Bank property located on part of Lot 34 Old Plan,
to the Trustees for $50,000 for the Capitol Center. When it was
pointed out that the property had not been appraised, Mr. Foster
offered the property for $50,000 or at the appraised value,
whichever was less.
Pursuant to instruction from the Trustees, an appraisal was
obtained from Mr. N. R. Boutin, m. a. I., setting the value of
the property at $42,500.
Staff officials of the Department of General Services, Capitol
Center Planning Committee, confirmed their previously expressed
desire to have the property acquired as soon as possible for
Capitol Center expansion. Mr. Foster advised that a purchase
price of $42,500 would be acceptable, and the staff recommended
acquisition of the property at the appraised value.
On motion by Mr. Dickinson, seconded by Mr. Conner and adopted,
the Trustees authorized acquisition of the subject property from
Leon county Blood Bank at the appraised value and payment from the
Internal Improvement Trust Fund.
ADVANCE AGENDA - Mr. Landrum requested consent to add to the
Advance Agenda, consisting of a city of Sarasota bulkhead line,
an Orange County application furnished to each member as an adden-
dum. These tv;o Advance Agenda matters will be scheduled for
consideration by the Trustees on July 29, 1969.
It was so ordered.
TRUSTEES' EXECUTIVE DIRECTOR - Mr. Key C. Landrum, who was appointed
as Executive Director on July 1, 1969, tendered his resignation
to become effective at the convenience of the Board. He expressed
regret and appreciation but stated that in a position so important
and sensitive he could not serve without the unanimous confidence
and support of the members of the Board. His resignation was
accepted.
Governor Kirk nominated as Executive Director Mr. James W. Apthorp.
Mr. Dickinson seconded the nomination and Mr. Apthorp ' s appointment
was confirmed by affirmative vote of all members present.
On motion duly adopted, the meeting w
ATTES
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Tallahassee, Florida
July 22, 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
Earl Faircloth Attorney General
Fred 0. Dickinson, Jr. Comptroller
Floyd T.Christian Commissioner of Education
Doyle Conner Commissioner of Agriculture
Fred Vidzes Staff Member
Trustees' agenda was presented by Mr. Fred Vidzes, standing in
for Mr. Ney C. Landrum who was on military leave. On August 1st
the Directorship of the Trustees would be assumed by Mr. James W.
Apthorp, appointed by the Board last week.
On motion duly adopted, the minutes of the July 15th meeting were
approved as submitted.
BOARD OF DRAINAGE COMMISSIONERS - Reported for the record.
The staff was authorized to transfer records of the Board of
Drainage Commissioners of the State of Florida, created under
Section 298.69, Florida Statutes, to the Department of Natural
Resources pursuant to Chapter 69-106, by Type 6 Transfer.
PALM BEACH COUNTY - Disclaimer, File No. 2218-50-253.129.
Charles Donner, et al, represented by Brockway, Owen and Anderson
Engineers, Inc., applied for a disclaimer pursuant to Section
253.129 Florida Statutes, for 0.101 acre parcel of sovereignty
land in Lake V/orth filled prior to enactment of Chapter 57-362,
Laws of Florida, abutting the North 275 feet of the South 826.4
feet of Government Lot 1, Section 35, Township 44 South, Range 43
East, in the Town of Palm Beach, Palm Beach County. All necessary
documents were submitted and staff recommended approval.
Motion was made by Mr. Christian, seconded by I>lr . Faircloth and
adopted, that the disclaimer be issued for the usual $100.00 pro-
cessing fee.
PALM BEACH COUNTY - Disclaimer, File No. 2220-50-253.129.
Ed Donner Lumber Corp., represented by Brockway, Owen and Anderson
Engineers, Inc., applied for disclaimer pursuant to Section 253.129
Florida Statutes, for 0.923 acre parcel of sovereignty land in Lake
Worth filled prior to enactment of Chapter 57-362, Laws of Florida,
abutting the North 276.4 feet of the South 551.4 feet of Government
Lot 1, Section 35, Township 44 South, Range 43 East, in the Town of
Palm Beach, Palm Beach County. All necessary documents were
submitted and staff recommended approval.
Motion was made by Mr . Christian, seconded by Mr. Dickinson and
adopted, that the disclaimer be issued for the usual $100.00
processing fee.
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PALM BEACH COUNTY - Disclaimer, File No. 2231-50-253.129.
The City of West Palm Beach, represented by Assistant City Attorney
James W. Vance, requested a disclaimer to submerged lands in Lake
Worth filled prior to the effective date of Chapter 57-362, Laws
of Florida. The 5.256 acre parcel abutting Government Lots 4 and
5, Section 22, Township 43 South, Range 43 East, Palm Beach County,
was used by the City Marina. All necessary exhibits and documents
were furnished and staff recommended approval.
The Trustees deferred action on July 15 for the reason that five
members were not present.
On motion by Mr. Dickinson, seconded by Mr. Faircloth and adopted,
the Trustees authorized issuance of disclaimer for the usual
$100.00 processing fee.
HIGHLANDS COUNTY - Drainage Easement. File No. 2230-28-253.03.
The Department of Transportation requested dedication of drainage
easement over 0.01 acre of Lake Clay bottoms in Section 31, Town-
ship 36 South, Range 30 East, Highlands County, and dedication of
drainage easement over 0.01 acre of Lake June in v/inter bottoms in
Section 30, Township 36 South, Range 30 East (Parcel No. 187.1
State Road 25, Section 09010-2501) .
This request was before the Trustees on July 15 but due to lack of
five members present, it was held over for reconfirmation.
On motion by h'jc . Christian, seconded by Mr. Dickinson and adopted,
the Trustees reconfirmed approval for issuance of the easement.
DADE COUI'JTY - Right of Way Easement, File No. 2234-13-253.03.
The Department of Transportation requested dedication of right of
way over 3.1 acre of Biscayne Bay bottoms in Sections 8 and 9,
Township 53 South, Range 42 East, Dade County, identified as Parcel
No. 102.1, State Road 828 - 79th Street, Section 87080-2506.
There v;ould be no dredging or filling within the proposed
dedication.
On motion by Mr. Dickinson, seconded by Mr. Christian and adopted,
the Trustees approved issuance of the dedication.
HILLSBOROUGH COUI^TY - File No. 1931-29-253.124, Extension of Fill
Permit, Section 253.124;
Dredge Permit, Section 253.123 Florida
Statutes .
Mr. Vidzes advised that the Secretary of State had requested
deferral of consideration of the application from Francis J. Corr,
Paul B. Dic:'.man and Robert E. Lee & Co., Inc. (Apollo Beach
Development) for a time extension of an existing fill permit approved
by the Trustees on July 11, 1^67. The matter v/as withdrav/n from
the agenda on June 24 for further investigation of the dredging
and filling activities.
Without objection, the Trustees deferred consideration as requested.
Hov/ever, Mr. Myron G. Gibbons was present to object on behalf of
the National Audubon Society and v;as heard at this time. He said
the Society realized that change must take place in some areas,
but that the regulatory boards of Hillsborough County and the State
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of Florida should require a current biological study and then
decide whether such dredging is in the public interest. Secondly,
he thought the application should submit a detailed engineering
and operational plan showing how adjacent areas are to be protected
from silting. He pointed out that the original permit was issued
prior to the Randell Act, that Hillsborough County had approved
the renewal request without a biological study, and that there
were no rules and regulations to protect adjacent areas from silta-
tion and water pollution. Mr. Gibbons offered his comments to help
the Trustees in consideration of the application when it is again
agendaed, indicated to be on July 29th when Mr. Adams will be
present.
PASCO COUNTY - Dredge and Fill Permit, File No. 24663(774-51),
Sections 253.123 and 253.124 Florida Statutes.
Block M, Incorporated, a non-profit corporation, Hudson Beach,
Florida, applied for dredge permit and approval of fill permit
issued by the Board of County Commissioners of Pasco County on June
11, 1968. The staff was of the opinion that the application came
within the purview of "Hardship" and "public interest" based on
the Trustees* action of July 25, 1967, reactivating a purchase
contract for purchase of 46.11 acres of land by said corporation.
The biological report submitted on July 17, 1967, was not adverse
to development.
The Interagency Advisory Committee recommended that the bulkhead
line for Pasco County be returned to the line of mean high water.
By resolution adopted on March 11, 1969, the Pasco County Commission
reconfirmed the bulkhead lines as located from the north county line
to Bailey's Bluff, and from Bailey's Bluff to the Pinellas County
line the bulkhead line has been located at the mean high water line.
By letter dated August 12, 1968, Mr. Whitehurst had advised that
all dredging would occur within the parcel owned by Block M, Inc.,
with any deficiency in fill material to be supplemented from upland
sources .
Governor Kirk, calling attention to the distance offshore of the
bulkhead line in this case, asked for an explanation.
Messrs. Melvin G. Scheer of Block M, Inc., and Leon Whitehurst, Jr.,
attorney from Clearwater, Florife, were present. Mr. Whitehurst
reviewed the history of the development, the purchase contract
between the State and V. M. Clark, Jr., sale of lots to about sixty
individuals who, upon financial failure of Mr. Clark before comple-
tion of development, formed a non-profit corporation to recoup
their investments. In 1967 the Trustees permitted the group to
purchase the 46.11 acres of land, partially filled mainly around the
perimeter of the tract, and funds were borrowed by the non-profit
corporation. Shortly thereafter the moratorium went into effect
and progress was held up. Mr. Whitehurst said they understood the
purpose of the moratorium was to afford a look at the over-all
picture, but their project was a hardship case, the county reaffirmed
the bulkhead line and the staff recommended approval of the dredge
and fill permits.
In view of the facts related and recorded in the minutes of July
25, 1967, when this Board agreed to reactivate the purchase contract,
the partial development already accomplished, and in view of the
equity of the many purchasers involved, motion was made by Mr.
Dickinson, seconded by Mr. Conner and adopted, that the Trustees
authorize issuance of dredge permit under Section 253.123 and
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approve fill permit issued under provisions of Section 253.124
Florida Statutes.
DADE COUNTY - Dredge Permit, Section 253.123 Florida Statutes.
Florida Power and Light Company of Miami, Florida, applied for a
permit to install a submarine cable across Biscayne Bay along State
Road 828 (79th Street Causeway) between North Bay Village and the
City of Miami, and between Treasure Island and Harbor Island in
Sections 8 and 9, Township 53 South, Range 42 East, Dade County.
Biological survey report from the Department of Natural Resources
indicated no adverse effects on marine life from the cable
installation.
On motion by Mr. Christian, seconded by Mr. Dickinson and adopted,
the Trustees approved dredge permit to the Florida Power and Light
Company.
MARION COUNTY - Dredge Permit, Canal Connection.
John Laye, Jr., applied for a permit to connect a 20-foot canal to
be constructed on his property with Lake Ker in Section 22, Township
13 South, Range 25 East, Marion County. Material removed from the
dredging operation would be placed on upland, and $50 was tendered
as payment.
Florida Game and Fresh Water Fish Commission reported favorably,
subject to the standard stipulations as to dredging.
Motion was made by Mr. Faircloth, seconded by Mr. Christian and
adopted, that the Trustees approve issuance of dredge permit.
POLK COUNTY - Dredge Permit, To Improve Navigation.
Judge Richard A. Bronson, Bartow, Florida, applied for permission
to clean out an existing 250 ft. by 8 ft. channel in Lake Hollings-
worth adjacent to his upland property in Section 29, Township 23
south. Range 24 East, Polk County. Applicant tendered check for
$50 as minimum payment for the material, to be placed on his upland,
Florida Game and Fresh Water Fish Commission reported favorably
subject to standard stipulations as to dredging.
Motion was made by Mr. Christian, seconded by Mr. Faircloth and
adopted, that the Trustees approve issuance of the dredge permit.
DADE COUNTY - Dock Permit, Section 253.03 Florida Statutes.
Dade county Public Works Department applied for permit to construct
two finger piers at Haulover Beach in Biscayne Bay in Section 23,
Township 52 South, Range 42 East, Dade County. All required
exhibits, including $100 processing fee, were furnished and staff
recommended approval.
Motion was made by Mr. Conner, seconded by Mr. Faircloth and adopted,
that the application be approved.
PALM BEACH COUNTY - State Dock Permit, Section 253.03 F. S.
The Town of Palm Beach applied for a permit to remove and recon-
struct the existing Brazilian Avenue Dock facility in Lake Worth
in Township 43 South, Range 43 East, Palm Beach County. All
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exhibits, including §100 processing fee, were furnished and staff
recommended approval.
Motion was made by Mr. Christian, seconded by Mr. Dickinson, and
adopted, that the Trustees approve issuance of state commercial
dock permit.
NASSAU COUNTY - Callahan Road Camp Lease.
The Board of County Commissioners of Nassau County by resolution
adopted February 11, 1969, requested use of all or a portion of
the Road Department maintenance camp located at Callahan in Section
42, Township 2 North, Range 25 East, Nassau County, for storage
of county road equipment and materials.
The Department of Transportation determined that a 6.259 acre
portion of the camp site was available and approved a lease
between the Trustees and the county for the purpose requested.
The Attorney General had reviewed and approved the proposed lease
form.
Staff recommended lease to the county on a year-to-year b^sis at
an annual rental of $100, conditioned that the property be used for
county road department purposes only.
On motion by Mr. Christian, seconded by Mr. Faircloth and adopted,
the Trustees approved the staff recommendation as the action of
the Board.
PINELLAS COUNTY - Duplicate Deed.
George K. Kickliter, Attorney at Law, requested a duplicate of
Trustees Deed No. 23284(1047-52) dated August 18, 1967, to Girard
W. Lane, Trustee, the original having been lost prior to recording.
On motion by Mr. Christian, seconded by Mr. Faircloth and adopted,
the Trustees authorized issuance of duplicate deed for $25.00
handling charge .
TRUSTEES ' FUNDS - Staff requested authority to request the Budget
Commission to release $125,000 for non-operating expenses on a
contingency basis. The budget to date had not been prepared or
submitted, and monies were required for immediate expenses, refunds
and capitol center acquisitions. It was anticipated that the
Director would have prepared a proposed budget for the fiscal year
1969-70 before August 10th, at which time the release would be
reflected therein.
On motion by Mr. Christian, seconded by Mr. Dickinson, and adopted,
the Trustees granted the authority requested, subject to approval
by the Budget Director.
On motion duly adopted, the meeting
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ATTES
*** **** ***
Tallahassee, Florida
July 29, 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:
Tom Adams Secretary of State, Acting Chairman
Earl Faircloth Attorney General
Fred O. Dickinson, Jr. Comptroller
Broward Williams Treasurer
Floyd T. Christian Commissioner of Education
James W. Ap thorp
On motion by Mr. Christian, duly adopted, the Trustees approved
minutes of the July 22nd meeting with correction of the date from
July 29 to August 1 for Mr. Apthorp to assume the position of
Executive Director. Since Mr. Landrum was on military leave, lAx .
Fred Vidzes was designated to execute documents resulting from
this meeting, for which Mr. Apthorp presented the agenda.
SARASOTA COUNTY - Bulkhead Line, City of Sarasota
Section 253.122 Florida Statutes.
The City Commission of the City of Sarasota by resolution adopted
July 15, 1959, located and fixed a bulkhead line along the east
shore of Sarasota Bay from the north city limits to the south city
limits and that portion of Bay Island and Siesta Key, all lying
and being in Sections 2, 12, 13, 24 and 35 in Township 35 South,
Range 17 East, and Sections 19, 30 and 31, Township 36 South, Range
18 East, within the city liraits of the City of Sarasota in Sarasota
County. All required exhibits were furnished. There were no
objections and the staff recommended approval of this bulkhead
line which conformed to the preservation line recommended by the
Florida Board of Conservation.
The segment of the city bulkhead line approved by the Trustees
last year, and the segment presented for approval on this date by
City Attorney John M. Scheb, composed the comprehensive, engineered
bulkhead line established by the city after many hours of study,
public hearings, cooperation by the Board and staff, in the best
interests of the city and the people.
State Treasurer Broward Williams made a motion that the bulkhead
line be approved. Before taking a vote, Mr. Adams said the
Trustees would like to commend the city as being the first govern-
mental body, as he understood it, to complete engineering bulkhead
lines under the new legal and conservation criteria.
On the motion made by Mr. Williams, seconded and unanimously
adopted, the Trustees approved the bulkhead line adopted by the
City of Sarasota on June 16, 1969.
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DADE COUNTY - File No. 2189-13-253.12, Land Sale and Fill Permit.
On July 3, 1969, an application from Joseph W. Bradham, Jr., on
behalf of S. P. J., Inc., to purchase 0.57 acre parcel of sovereignty
land in Indian Creek in Section 11, Township 53 South, Range 42 East,
in the City of Miami Beach, failed to receive the five affirmative
votes required for confirmation of sale. On that date the staff
had recommended that sale be confirmed over objections, because
such sale and development would not be adverse to marine biologi-
cal resources, navigation would not be adversely affected, and the
bulkhead line recently approved by the Trustees was generally in
conformity with the Interagency Advisory Committee recommendations.
At the request of the Secretary of State and Commissioner of
Education, the Trustees were asked to reconsider the application.
Mr. Christian said he thought there had been a misunderstanding.
The staff valuation of the- 0.57 acre parcel was $5,785.50 or
$10,150 per acre, based on an appraisal submitted July 3, 1969.
The applicant, S. P. J., Inc., also requested approval of a fill
permit only, issued by the City of Miami Beach on February 25,
1969, under provisions of Section 253.124 Florida Statutes.
Motion was made by Mr. Dickinson, seconded by Mr. Williams and
adopted v;ithout objection, that sale of th6 0.57 acre parcel in
the City of Miami Beach be confirmed at the $10,150 per acre value,
or $5,785.50 for the parcel, and that the fill permit issued by
the City of Miami Beach be approved by the Trustees.
CITRUS COUNTY - File No. 2175-09-253.12, Land Sale.
On June 3, 1959, the Trustees considered the application from
Edwin M. Purcell to purchase a parcel of heretofore filled
sovereignty land abutting Government Lot 5, Section 21, Township
18 South, Range 17 East, Citrus County, containing 0.849 acre
appraised at $4,153.22 per acre. The parcel was advertised for
objections only in the Suncoast Sentinel, proof of publication
filed and no objection was received. The land was to be used in
connection with enlargement of a marina.
The biological survey indicated no significant adverse effects
within the limits of the bulkhead line. The Interagency Advisory
Committee recommended that the bulkhead line be set at the line of
mean high water, and the bulkhead line approved by the Trustees on
April 8, 1969, was approximately at mean high water line.
On motion by Mr. Christian, seconded by Mr. Dickinson and adopted
without objection, the Trustees confirmed sale of the 0.849 acre
parcel to Mr. Purcell at the appraised price.
ORANGE COUNTY - File No. 2186-48-253.36, Application to Purchase.
Application was made by Conway D. Kittredge, et ux, to purchase a
parcel of Lake Conway reclaimed lake bottom land abutting Govern-
ment Lot 4, Section 13, Township 23 South, Range 29 East, 1.0309
acre in Orange County, desired to be used in connection with
construction of a large apartment complex. The long, narrow strip
had a reported value of $300.00 for the parcel, but the staff felt
it was probably worth more and recommended deferment for establish-
ing a realistic valuation and penalty for filling without authority.
Mr. Christian said the applicants might be hurt by delay and had
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indicated they would pay whatever the appraisal was; therefore,
he suggested approval subject to value determination.
Mr. Apthorp said the staff recommendation would be that the value
be set at three times the value of an appraisal to be secured.
Motion was made by Mr. Christian, seconded by Mr. Williams and
adopted, that the sale be approved subject to payment for the parcel
at three times the appraisal value agreed to by the staff.
DADE COUNTY - File No. 18337 and 21655-13-253.124; Dredge Permit,
Section 253.123, and Fill Permit, Section 253.124 F. S.
Gables By The Sea, Inc., represented by Marion E.Sibley, Attorney,
requested approval of a fill permit issued by the City of Coral
Gables on May 13, 1969, by virtue of Resolution No. 14825 adopted
on said date, to fill approximately 175 acres of land heretofore
acquired from the Trustees. Applicant had tendered check in payment
for an estimated 1,300,000 cubic yards of material to be dredged
bayward of the established bulkhead line within the City of Coral
Gables in Dade County.
The Interagency Advisory Committee had recommended relocation of
the bulkhead line to the mean high water line. The City of Coral
Gables had confirmed its bulkhead line as presently located.
The biological survey report submitted by the Board of Conservation
dated January 3, 1969, was adverse to the project, and the Trustees'
staff recommended denial of the dredge and fill permit.
Mr. Adams made the following statement: "Before the Board or anyone
who wishes to be heard begins discussion on Item 6, I would like
to make a short statement. When this matter was before us on July
1, I am sure that you will recall that I made some statements which
evidenced I had a preconceived opinion as to how the request should
be disposed of. Let me assure you the opinion I expressed on that
date came about through a thorough investigation of the subject.
However, in the interest of demonstrating that this Board has
always strived to make its deliberations in a sober, objective
manner, I have decided to withdraw from any discussion or vote on
Item 6, and I am taking this action irrespective of the Affidavits
of Disqualification that have been filed by the Attorney for the
applicant. "
Attorney General Earl Faircloth presided for this matter.
Mr. Apthorp reviewed the information in the file, stated that the
dredge area contemplated extended beyond the bulkhead line about
five thousand feet over state-owned lands biologically valuable, and
the staff recommendation was against the project for several reasons.
Mr. Sibley said the Trustees were an administrative board that
heard evidence and determined whether the permit should be granted,
that the power to issue fill permit vested in the City of Coral
Gables, that everything required by law had been done by the city
and the applicant, which the Attorney General might verify, and he
furnished depositions and exhibits which were received by the
Trustees for study. Mr. Sibley reviewed the unfavorable biological
report of the Board of Conservation biologist which he said failed
to show whether or not such dredging and filling would be detrimental
to marine life to such an extent as to be contrary to the public
interest, said biological and ecological surveys by experts named
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had been obtained by his client which were not unfavorable,
reviewed the purchase and issuance of permits from 1955 to date,
delay caused by moratorium imposed by the Trustees, changed
policies and new legislation which he said should not be retroactive
or retrospective.
Mr. Sibley said denial of permission to fill would amount to a
taking of property because it had not been proved that the filling
would materially or adversely affect the public interest, cited
litigation and court rulings in other cases.
After some questions and comments by members of the Board, and Mr.
Sibley's expressed willingness to leave the matter with the Trustees
for study and advice of the Attorney General, motion was made by Mr.
Christian, seconded by Mr. Dickinson and adopted, that action be
postponed until it can be scheduled at a time after the members
have had opportunity to read all the evidence.
DADE COUNTY - Dredge Permit for Beach Nourishment, Section 253.123,
File 120.
Bal Harbour Village, by Acting Village Manager Fred W. Maley,
requested permission to remove an additional 100,000 cubic yards of
material from the dredge area "A" previously approved by the
Trustees in meeting on July 2, 1958. The material would be used
for the beach nourishment project approved by the staff of the
Florida Board of Conservation, which reported the dredge area to
be sandy and unvegetated, and that the proposed dredging would not
adversely affect marine resources of the area.
On motion by Mr. Christian, adopted without objection, the Trustees
approved the dredge permit for beach nourishment project at
Bal Harbour, Florida.
HILLSBOROUGH COUNTY - Fill Permit Extension, Section 253.124;
Dredge Permit Section 253.123; File No. 1931-29-253.124.
On July 22, 1969, the Trustees deferred action on the application
from Francis J. Corr, Paul B. Dickman, and Robert E. Lee & Co.,
Inc., (Apollo Beach Development) for a time extension of an existing
fill permit approved by the Trustees on July 11, 1957. The matter
had been withdrawn from the agenda on June 24 for further investi-
gation of the dredging and filling activities.
Mr. Myron G. Gibbons, representing the National Audubon Society,
was present on July 22 and was allowed to present his objections
to extension of the permit. By telegram received on July 29,
Mr. Gibbons asked that consideration be deferred again as he was
unable to be present on this date.
The staff recommendation was that the time extension be granted
provided the permit include recommendations of the Air and Water
Pollution Control Commission and other Department of Natural
Resources recommendations to reduce silting.
Motion was made by Mr. Williams, seconded by Mr. Christian, that
the staff recommendation be approved. However, Mr. Williams
withdrew his motion as he had misunderstood the recommendation.
He desired an opportunity to hear Mr. Gibbons' presentation of
objections to the project.
Mr. Apthorp advised that the old permit had now expired, action by
the Trustees having been held up on June 24, that the staff had
recommended protective requirements in the permit, and that Mr.
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Gibbons did not indicate that he had any additional information
that was not presented last week.
Upon request of the State Treasurer, without objection the matter
was deferred until next week.
GULF COUNTY - Dredge Permit to Improve Navigation, Section 253.123
Florida Statutes.
Hess Oil & Chemical Division, Amerada Hess Corporation, Port St. Joe,
Florida, applied for permission to perform maintenance dredging in
an existing channel in St. Joseph Bay in Section 2, Township 8 South,
Range 11 West, Gulf County. Material removed would be deposited
on upland property.
Biological report indicated that the area had been previously
dredged, and the proposed maintenance dredging should have no
adverse effects on marine life.
On motion by Mr. Dickinson, seconded by Mr. Faircloth and adopted,
the Trustees approved issuar.ce of the dredge permit.
FRANKLIN COUNTY - Dredge Permit to Improve Navigation, Section
253.123 Florida Statutes.
Don T. Turner, Regional Sales Manager, Allen Kirkpatrick & Company,
Inc., applied for permit to construct a channel 300 feet long by
20 feet v/ide by 6 feet deep, in St. Vincent Sound in Sections 8
and 9, Township 9 South, Range 9 West, to allow commercial oyster
boats access during low tide. The material removed would be
deposited on upland.
The biological report indicated that this area was not a nursery or
feeding ground and the dredging should have no significant adverse
effects on marine life.
On motion by Mr. Dickinson, seconded by Mr. Faircloth and adopted,
the Trustees approved issuance of the dredge permit.
HILLSBOROUGH COUNTY - Dredge Permit to Improve Navigation,
Section 253.123 Florida Statutes.
Howard F. Anderson of Riverview, Florida, applied for permit to
connect his upland property to the Alafia River in Section 16,
Township 30 South, Range 20 East, Hillsborough County.
The biological report indicated that dredging in the Alafia River
should be confined to a proposed 24-foot boat slip and the necessary
connections in the river, thereby eliminating only a small portion
of the shallow water habitat.
Staff recommended approval, since the applicant had amended his
application to meet the recommendations of the Department of
Natural Resources.
On motion by Mr. Dickinson, seconded by Mr. Williams, the Trustees
approved issuance of the dredge permit as recommended.
Mi.RION COUNTY - Dredge and Fill Permit, Section 253.03 F. S.
W. Powe Crosby of Citra, Florida, applied for permit authorizing
removal of 756 cubic yards of material from three 50-ft. wide canals
to be connected to his upland property on Little Lake Ker (Lake
Warner) in Section 24, Township 13 South, Range 25 East, Marion
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County. The material removed would be placed on applicant's upland,
and check for $75.60 was tendered by applicant as payment.
Florida Game and Fresh Water Fish Commission reported favorably on
the project subject to standard stipulations as to dredging.
On motion by Mr. Christian, seconded by Mr. Dickinson and adopted,
the Trustees approved issuance of the permit.
OKALOOSA COUNTY - Dredge Permit to Improve Navigation,
Section 253.123 Florida Statutes.
F. B. Estergren of Ft. Walton Beach, Florida, applied for a permit
to perform maintenance dredging in an existing canal adjacent to
his upland on Choctawhatchee Bay in Section 7, Township 2 South,
Range 24 West, Okaloosa County. The material removed would be
deposited on applicant's upland.
The Department of Natural Resources biological report indicated no
adverse effects on marine biological resources.
On motion by Mr. Christian, seconded by Mr. Dickinson and adopted,
the Trustees approved issuance of dredge permit.
FRANKLIN COUNTY - Dredge Permit to Improve Navigation,
Section 253.123 Florida Statutes, File 333.
Carrabelle Self-Service Corporation, care of Paul P. Keating, applied
for permit for maintenance dredging in the Carrabelle River in
Section 19, Township 7 South, Range 4 West, Franklin County. The
material removed would be deposited on applicant's upland.
The Department of Natural Resources biological report indicated no
adverse effects on marine resources in the area.
Also: Commercial Dock Permit, Section 253.03 Florida Statutes.
The said applicant applied for a permit for a dock on the Carrabelle
River in Section 19, Township 7 South, Range 4 West, Franklin
County, for which all required exhibits and $100.00 processing
fee were furnished .
On motion by Mr. Christian, seconded by Mr .Williams and adopted,
the Trustees approved issuance of both the dredge permit to improve
navigation, and the state dock permit.
VOLUSIA COUNTY - Commercial Dock Permit, Section 253.03 F. S.
Riverside Garden Apartments, care of Lester R. Oldaker, Ormond
Beach, Florida, applied for a permit to construct a dock in the
Halifax River in Section 25, Township 14 South, Range 32 East,
Volusia County, for which all required exhibits and $100.00 process-
ing fee had been furnished.
On motion by Mr. Williams, seconded by Mr. Christian and adopted,
the Trustees approved issuance of the state dock permit.
PINELLAS COUNTY - Commercial Dock Permit, Section 253.03 F. S.
The Pinellas County Water and Navigation Control Authority issued
commercial dock permit, subject to Trustees' approval, to Leeco Gas
and Oil Company, of St. Petersburg, Florida. All required exhibits,
including $100.00 processing fee, had been furnished to the
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Trustees" office and staff recommended approval.
On motion by Mr. Williams, seconded by Mr. Christian and Mr.
Dickinson, and adopted, the Trustees authorized issuance of the
state dock permit.
CLAY COUNTY - File No. 2237-10-253.03, Right of Way Easement.
The Department of Transportation requested dedication of right of
way embracing 9.5 acres of bottoms of Doctors inlet in Township
4 South, Range 26 East, Clay County, designated as Parcel No. 110.1,
State Road 15, Section 71020-2509. A portion of the right of way
was to be filled.
The bulkhead line was approved on July 8, 1969. Biological survey
report by letter dated May 8, 1969, indicated that the proposed
work should not adversely affect marine resources.
On motion by Mr. Williams, seconded and adopted without objection,
the Trustees authorized issuance of right of way easement to the
Department of Transportation.
JACKSON COUNTY - Land Acquisition, Apalachee institution.
On August 16, 1966, the Vih of NW^ of Section 11, Township 3 North,
Range 7 West, 80 acres in Jackson County, in use by the Apalachee
correctional Institution, was conveyed for $11,600.00 to the Great
Northern Paper Company for construction of a paper mill. As such
construction was not now planned, the company has agreed to reconvey
the 80 acres at the original price. Apalachee Correctional Institu-
tion needs the land, and the Division of Adult Corrections advises
that no timber has been removed and the land is equally as valuable
now as in 1966.
Staff recommended reacquisition with funds of the Division, title
to be vested in the Board of Trustees of the Internal Improvement
Trust Fund.
on motion by Mr. Williams, seconded by Mr. Christian and adopted,
the Trustees accepted the recommendation of the staff and
authorized reacquisition of the 80 acres with funds of the Division.
MARTIN COUI-JTY - Land Acquisition, Outdoor Recreational Development
Council.
on April 1, 1969, the Outdoor Recreational Development Council
authorized acquisition of three tracts of private land on the
Atlantic Ocean immediately south of St. Lucie Inlet, totalling
approximately 618 acres at a cost of $2,450,000.00.
Title to one of the tracts, containing 338 acres, more or less,
formerly owned by St. Lucie-Jupiter Co., is vested in the Lee
county Bank as Trustee under a trust agreement. Subsequent to
placing the title in trust all beneficial interest in the Trust
was assigned to the Board by the various owners.
The Board would be in a position to request transfer of title of
the tract from the Trustee, Lee County Bank, to the Board upon
acceptance of the assignment of the Beneficial Interest in the said
Trust.
Motion was made by Mr. Christian, seconded by Mr. Williams and
adopted, that the Trustees accept the Certificates of Beneficial
7-29-69
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Interest from the various owners, and request the conveyance of
title from the Lee County Bank.
TRUSTEES OFFICE - Mr. Apthorp explained proposed reorganization of
the divisions and staff of the Trustees' office. Mr. Adams noted
that approval was necessary prior to budget preparation, that the
Board had a very able staff some of whom had been in responsible
positions for some time, and Mr. Apthorp advised that the
restructuring had been discussed with the section chiefs.
In the relatively small department, the Executive Director proposed
three divisions, namely, Land Records, Land Management, and Field
Operations, in addition to the Administrative Staff and a Profes-
sional Staff composed of appraiser, attorneys and land use planner.
On motion by the Attorney General, seconded by the Comptroller and
adopted without objection, the Trustees approved the presentation
and new positions and authorized Mr. Apthorp to proceed.
SUBJECTS UNDER CHAPTER 18296
On motion by Mr. Christian, seconded by Mr. Williams and adopted,
the Trustees approved Report No. 957 listing one regular sale of
land in Gadsden county under provisions of Chapter 18296, the
Murphy Act, and authorized execution of deed pertaining thereto.
INDIAN RIVER COUNTY - Indian River Farms Drainage District applied
under Section 192.38(1) (b) Florida Statutes (Chapter 21684, Acts
of 1943) to purchase the East 1.01 acres of the West 11.01 acres
of Tract 12, Section 21, Township 32 South, Range 39 East, Indian
River County, embraced in tax sale certificates No. 585 of July 7,
1930, and No. 3640 of September 4, 1933.
Applicant offered $425.00, the price recommended by the staff
based on the current assessed value of $400.00 per acre.
On motion by Mr. Faircloth, seconded by Mr. Williams and adopted,
the Trustees authorized issuance of deed to the applicant for the
price offered, under provisions of Chapter 21684 without advertise-
ment and public sale.
On motion duly adopted, the meeting was adjourned.
J^— .«^
SECRETARY OF STATE - ACTING CHAIRMAN
ATTEST:
/\ JAMES W. APTHORP / #
7-29-69
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Tallahassee, Florida
August 5, 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:
Earl Faircloth Attorney General, Acting Chairman
Fred 0. Dickinson, Jr. Comptroller
Broward Williams Treasurer
Floyd T. Christian Commissioner of Education
James W. Ap thorp Executive Director
On motion duly adopted, the Trustees approved minutes of the
meeting on July 29, 1959.
ST. JOHNS COmrrY - Bulkhead Line, Section 253.122 Florida Statutes.
The Board of County Commissioners of St. Johns County adopted a
resolution on July 8, 1969, fixing and locating a bulkhead line
generally along the mean high water line of the Matanzas River in
Section 27, Township 8 South, Range 30 East, St. Johns County. All
required exhibits were furnished. There were no objections at the
local hearing.
The Department of Natural Resources biological survey report indi-
cated that the bulkhead 1 ine approximated the line of mean high
water and would preserve a large area of productive marine habitat.
On motion by Mr. Christian, seconded by Mr. Williams and adopted,
the Trustees approved the bulkhead line established by St. Johns
County Commission on July 8, 1969.
For the reason that only four members of the board were present on
this date, the Trustees deferred action on the following applica-
tions:
1. CITRUS COUNTY - File No. 2188-50-253.12, confirmation
of a land sale advertised for this date for
Charles Kofmehl, applicant
2. PINELLAS COUNTY - Application from Mrs. Anne Gray
to purchase 0.58 acre parcel in Boca Ciega Bay
which the Pinellas County Water and Navigation
Control Authority recommended be denied
3. BREVARD COUNTY - File No. 2232-05-253.12, application
from Richard A. Bewerse to purchase 0.79 acre parcel
of sovereignty land
4. PALM BEACH COUNTY - File No. 2210-50-253.129, application
from Edwin M. Keough, et al, for ex parte disclaimer
5. PALM BEACH COUNTY - File No. 2241-50-253.129, application
from First Bank & Trust Company of Boca Raton for disclaimer
6. PALM BEACH COUNTY - File No. 2240-50-253.129, application
for a disclaimer to First Bank & Trust Company of
Boca Raton
8-5-69
- 395 -
DUVAL COUNTY - File No. 2238-16-253.12.
Mr. Francis P. Conroy on behalf of Jacksonville Port Authority made
application for a deed conveying lands in the vicinity of Tallyrand
Docks in St. Johns River abutting Section 8, Township 2 South,
Range 27 East, embracing 36.57 acres in the City of Jacksonville,
Duval County, Florida, being part of the land granted to the City
of Jacksonville under Chapter 6416, Laws of Florida, Special Acts
of 1912, and subsequently conveyed to Jacksonville Port Authority.
In order to obtain adequate title insurance, applicant requested
deed to clear the title, and staff requested authority to advertise
for objections only.
On motion by Mr. Christian, seconded by Mr. Williams and adopted,
the Trustees authorized advertisement for objections only.
DUVAL COUNTY - File No. 2239-16-253.12. Mr. Francis P. Conroy on
behalf of the United States of America, Corps of Engineers, made
application for a deed conveying 3.91 acres of land in the vicinity
of Tallyrand Docks in St. Johns River abutting Section 8, Township
2 South, Range 27 East, City of Jacksonville, Duval County, Florida,
being part of the land granted to the City of Jacksonville under
Chapter 6416, Laws of Florida, Special Acts of 1912, and
subsequently conveyed to the Jacksonville Port Authority.
The land was to be conveyed to the United States of America and in
order to obtain adequate title insurance, applicant requested deed
to clear title. Staff requested authority to advertise for
objections only.
On motion by Mr. Williams, seconded by Mr. Christian and adopted,
the Trustees authorized the advertisement for objections only.
PALM BEACH COUNTY - Refund, File No. 1918-50-253.12.
Staff requested authority for issuance of refund of the $50.00
application fee submitted on October 13, 1966, for a submerged land
purchase application by Cedar Lane Developers, Inc., represented by
S. V. Howard of Brockway, Owen & Anderson Engineers, Inc.
The application was presented to the Trustees on October 24, 1967,
but due to objections filed by the Town of South Palm Beach and
because of technical difficulties related to bulkhead line location,
the Trustees deferred action. To date the technical problems have
not been resolved.
Motion was made by Mr. Williams, seconded by Mr. Christian and
adopted, that the staff be authorized to deactivate the said appli-
cation and refund the $50.00 application fee.
BREVARD AI^TD INDIAN RIVER COUNTIES - Dredge to Improve Navigation.
Sebastian Inlet Commission, represented by James L. Beindorf and
Associates, applied for permission to perform maintenance dredging
in the existing channel at Sebastian Inlet in the Indian River in
Sections 19 and 20, Township 30 South, Range 39 East, the material
removed to be placed in spoil disposal area approved by the
Trustees on May 20, 1969.
On motion by Mr. Christian, seconded by Mr. Dickinson and adopted,
the Trustees approved issuance of the dredge permit.
8-5-69
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CITY OF JACKSONVILLE. DUVAL COUNTY - File Nos . 21795 and 24653
(2003-16)-253.124; Dredge Permit, Section 253.123 and
Fill Permit, Section 253.124 Florida Statutes.
Jacksonville Port Authority, represented by Managing Director Dave
Rawls, applied for a dredge permit and approval of fill permit No.
2685 issued by the City of Jacksonville pursuant to Resolution No.
69-708-103 adopted July 25, 1969. The Authority contemplated
excavation of 1,450,000 cubic yards of material from within the
Fulton-Dames Point Cut-Off channel right of way adjacent to Blount
Island. It was planned to deposit materials on lands previously
acquired from the Trustees in connection with development of the
Port of Jacksonville.
The Department of Natural Resources biological survey report was
not adverse to filling the proposed spoil area.
On motion by Mr. Christian, seconded by Mr. V/illiams and adopted,
the Trustees authorized issuance of dredge permit, approval of the
fill permit, and waived payment for the fill material as the
project v/as public in nature.
HILLSBOROUGH COUNTY - Extension of Fill Permit, Section 253.124;
Dredge Permit, Section 253.123 F. S.; File 1931-29-253.124.
Mr. Lawrence J. O'Neil on behalf of Francis J. Corr, Paul B. Dickman,
and Robert E. Lee & Co., Inc., (Apollo Beach Development), applied
for a time extension of an existing fill permit approved by the
Trustees on July 11, 1967. The matter was withdrawn from the agenda
on June 24 for investigation, on-site inspection by a staff member
was executed on July 2 to determine whether any violations of the
existing permit had occurred, and the inspector reported that all
worlc v;as done within designated areas outlined in the original
permit.
On March 6, 1967, the Board of Conservation had protested issuance
of the original permit. The Interagency Advisory Committee had
recommended that the bulkhead line in this area be relocated at the
line of mean high water. The county had taken no action on the
staff request for review and relocation of the bulkhead line.
A dredge and fill construction permit renewal certificate was
issued by the Board of County Commissioners of Hillsborough County
on June 25, 1969.
In view of actions taken by the Trustees on March 21 and April 18,
1967, based upon information submitted by applicant's representa-
tives and based upon guidelines adopted by the Board on July 1,
1969, relative to hardship matters, the staff recommended approval
of the time extension subject to the applicant taking steps to
reduce siltation and unnecessary damage to biological resources,
such steps to be approved by Trustees' staff and incorporated in
the permit renewal. Staff had requested the Department of Natural
Resources and the Department of Air and Water Pollution Control to
make recommendations for requirements to be placed in the permit
extension.
On July 22, 1969, the Trustees deferred consideration but Mr. Myron
G. Gibbons, present on behalf of the National Audubon Society, v;as
heard. He objected to the permit based on the lack of a biological
study and a detailed engineering and operational plan.
On July 29, 1969, the Trustees deferred consideration for a week
at the request of the State Treasurer.
8-5-69
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Mr. Gibbons presented objections on this date, first, that there
had been a change in the law and he thought the Trustees should
require biological studies under Section 253.124; second, that
there should be rules and regulations requiring procedures by the
dredger to reduce siltation and other damage. He said such rules
and regulations were not now available from the Corps of Engineers,
Federal Pollution Control Commission, Department of Air and Water
Pollution Control, Hillsborough County, or the Trustees. He was in
favor of the provisions the staff proposed to include in the permit,
but recommended standards and rules to that requirements could be
enforced.
Mr. Williams said the staff should consider Mr. Gibbons' sugges-
tions and make recommendations to the Board. He was sure the staff
would follow through and recommended approval of the staff
recommendation for approval with protective provisions.
Mr. Gibbons based his objection on a third reason, that he had
been informed by an Audubon warden that dredging was in process on
this date in the area for which the permit had expired. Mr.
Christian felt that the permit should not be issued if this was
the case, asked about the posting of signs, and was advised by
Mr. Randolph Hodges that it was difficult to determine the exact
dredge location covered. The Attorney General mentioned perfor-
mance bonds which Mr. Apthorp said the staff could incorporate in
permits if it was the Board's wish.
Mr. Apthorp said that issuance of the permit could not be done
immediately in any case, that the staff was to receive from the Air
and Water Pollution Control Department recommendations as to
provisions to be included, and with the assistance of a Conservation
Officer the reported dredging in the area would be investigated
at once.
Motion was made by Mr. Williams, seconded by Mr. Christian and
adopted, that if there was no violation the Trustees approve the
staff recommendation for issusmce of time extension subject to
applicant taking steps to reduce siltation and unnecessary damage
to biological resources, but that if investigation disclosed
violation the matter should be brought back to the Board next week.
OKALOOSA COUNTY - Dredge Permit, to Improve Navigation,
Section 253.123 Florida Statutes.
Application was received from the Department cjf the Air Force,
Eglin Air Force Base, for permission to perform maintenance dredging
in three existing channel connections to Bens Lake, Memorial Lake
and Postil Lake, choctawhatchee Bay, Okaloosa County. The material
removed would be placed on applicant's upland. Staff requested
waiver of the requirement of biological report as provided in
Section 253 .123 (3) (a) Florida Statutes, since the public need
would be served by the improved navigation.
Motion was made by Mr . Christian, seconded by Mr .Williams and
adopted, that the application be approved.
OKEECHOBEE COUNTY - Dredge Permit, Section 253.03 Florida Statutes.
Taylor Creek Isles, Inc., applied for permission to connect 94-foot
wide by 8-foot deep canals to applicant's upland property on
Taylor Creek in Section 35, Township 37 South, Range 35 East,
Okeechobee County.
The material removed would be deposited on uplands of the
8-5-69
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applicant, who tendered check for $50.00 as minimum payment for the
over cut material.
On motion by Mr. Dickinson, seconded by Mr. Williams and adopted,
the Trustees approved issuance of the dredge permit.
ORAJMGE COUNTY - Dredge Permit, Section 253.03 Florida Statutes.
James H. Houck applied for permission to remove 500 cubic yards of
fill material from Lake Ola in Section 18, Township 20 South, Range
27 East, Orange County, to place on his upland property. He
tendered check for $50.00 in payment for the material.
The Florida Game and Fresh Water Fish Commission reported favorably
subject to the usual stipulations as to dredging.
On motion by Mr. Dickinscn , seconded by Mr. Williams and adopted,
the Trustees approved the application.
PINELLAS COUNTY - Dredge Permit, Section 253.123 Florida Statutes.
Ozona Shores Company applied for permission to remove 12,192 cubic
yards of material from St. Josephs Sound in Section 11, Township
28 South, Range 15 East, Pinellas County, to be placed on applicant's
upland. Check in the amount of $1,219.20 was tendered as payment
for the material.
The Department of Natural Resources biological survey report
indicated that the proposed project should not have adverse effects
on marine life in the area.
On motion by Mr. Christian, seconded by Mr. Williams and adopted,
the Trustees approved the application.
PUTNAM COUNTY - Dredge Permit, Section 253.123 Florida Statutes.
Eldridge G. Murphy applied for a permit authorizing connection of
an access canal from his upland property into Dunn's Creek in
Section 36, Township 10 South, Range 26 East, Putnam County. The
material removed would be placed on his upland property.
The Department of Natural Resources biological report indicated
that the proposed work should not have adverse effects on marine
life in the area.
on motion by Mr. Christian, seconded by Mr. Williams and adopted,
the Trustees approved the application.
SANTA ROSA COUNTY - Dredge Permit, Section 253.123 Florida Statutes,
G. W. Reese applied for permission to remove 500 cubic yards of
material in order to improve a swimming hole in Pensacola Bay at
Lots 7 and 8 of Stephen's Survey of James Duncan Homestead in
Santa Rosa County. He tendered check for $50.00 as payment for
the material to be placed on his upland property.
The Department of Natural Resources biological report indicated
that the proposed project should not adversely affect marine life
in this area.
On motion by Mr. Williams, seconded by Mr. Christian and adopted,
the Trustees authorized issuance of the permit to dredge material
to improve applicant's upland.
8-5-69
- 399
SARASOTA COUNTY - Dredge Permit, Section 253.123 Florida Statutes.
Jerald Strickland applied for permit to perform maintenance dredging
in an existing boat channel in Little Sarasota Bay in Section 5,
Township 27 South, Range 18 East, Sarasota County. The material
removed would be placed on upland property.
The Department of Natural Resources biological report indicated
that the proposed work should not adversely affect marine life in
the area.
On motion by Mr. Christian, seconded by Mr. Williams and adopted,
the Trustees approved issuance of the dredge permit to improve
navigation.
SUMTER COUNTY - Dredge Permit, Section 253.03 Florida Statutes.
John L. Burnett applied for permit authorizing maintenance dredging
in an existing channel in Lake Panasoffkee in Section 4, Township
20 South, Range 22 East, Sumter County. The material removed would
be placed on applicant's upland. He tendered check for $50.00
as payment for the material.
The Florida Game and Fresh Water Fish Commission reported favorably
subject to usual stipulations as to dredging.
On motion by Mr. Williams, seconded by Mr. Christian and adopted,
the Trustees approved issuance of the permit to improve navigation.
WAKULLA COUNTY - Dredge Permit, Section 253.123 Florida Statutes.
Crenshaw, Kornegay and Brewer of Jacksonville, Florida, applied for
permission to connect a 50-foot wide by 5-foot deep navigation
channel to their upland property in the Apalachee Bay, Lot 116,
Township 5 South, Range 1 West, Hartsfield Survey in Wakulla
County. All material removed would be placed on upland.
The Department of Natural Resources biological report showed adverse
effects from the proposed 50- foot wide channel which, however,
would provide access to interior canals. The Director said the
policy was to recommend approval when an access channel was needed
by a riparian owner.
On motion by Mr. Christian, seconded by Mr. Dickinson and adopted,
the Trustees approved the dredge permit to iitprove navigation.
DUVAL COUNTY - State Commercial Dock Permit, Section 253.03 F. S.
Mat Roland applied for permission to construct a dock in the St.
Johns River in Township 1 South, Range 29 East, Duval County. All
required exhibits including the $100 processing fee had been furnished.
On motion by Mr. Williams, seconded by Mr. Christian and adopted,
the Trustees approved issuance of the dock permit.
MONROE COUNTY - Stockpiled Material, Florida Keys Junior College.
The staff made an on-site inspection of the Florida Keys Junior
College Campus on Stock island near Key West, Florida, and submitted
to each member a report on fill material needs for development of
the campus, an access channel needed for the college research
vessel, and three alternative solutions.
Mr. Christian said that the Governor had requested withdrawal of
8-5-69
- 400 -
the item from the agenda, but he thought some discussion was in order,
Mr. Apthorp discussed briefly what the staff thought would be
necessary to cooperate with the Junior College to provide fill
material and channel as v/ell as to take care of the bids taken on
July 8, 1969, for the stockpiled material. Mr. Christian said at
that time the intention was to try to help the Junior College get
canpus sites filled, but after study it was evident that the
negotiated bid taken under advisement on that date was not legal,
and that action should be rescinded.
Motion v/as made by Mr. Christian, seconded by Mr. Dickinson and
adopted, that the Trustees rescind their action on July 8 approving
in concept the proposal submitted by William G. Stevens, and that
consideration of the report and recommendations of the staff be
deferred until August 19 when Governor Kirk would be present.
SUBJECTS UNDER CHAPTER 18296
DADE AND HILLSBOROUGH COUNTIES - Refunds, Murphy Act Lands.
The Department of Transportation declined to recommend release of
state road right of way reservations contained in the following
numbered Murphy Act deeds for which release had been requested and
fees submitted: Dade County Deed No. 1981, Sidney Efronson,
applicant; Hillsborough County Deed No. 889, Stella A. Cackowski,
applicant.
On motion by Mr. Christian, seconded by Mr. Williams and adopted,
the Trustees authorized issuance of refunds in the amount of $15.00
to each of the applicants.
On motion duly adopted, the meeting was adjourned.
ATTEST:
* * *
8-5-69
- 401 -
Tallahassee, Florida
August 12, 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
Fred 0. Dickinson, Jr. Comptroller
Broward Williams Treasurer
James W. Apthorp Executive Director
On motion duly adopted, the Trustees approved minutes of the
meeting on August 5, 1969.
The Trustees deferred action on the following applications, for
the reason that only four members were present:
1. MONROE COUNTY - File No. 2174-44-253.12, confirmation
of a land sale advertised for this date for the U. S.
Department of the Navy, applicant
2. CITRUS COUNTY - File No. 2188-09-253.12, confirmation
of a land sale to Charles Kofmehl, applicant-
3. BREVARD COUNTY - File No. 2232-05-253.12, application
from Richard A. Bewerse to purchase 0.79 acre parcel
of sovereignty land recommended for denial
4. PINELLAS COUNTY - Application from Mrs. Anne Gray to
purchase 0.58 acre parcel in Boca Ciega Bay, reconmended
for denial by the staff and the Pinellas County Water
and Navigation Control Authority
5. PALM BEACH COUNTY - File No. 2210-50-253.129, application
from Edwin M. Keough, et al, for ex parte disclaimer
6. PALM BEACH COUNTY - File No. 2241-50-253.129, application
from First Bank & Trust Company of Boca Raton, Florida,
for disclaimer
7. PALM BEACH COUNTY - File No. 2240-50-253.129, application
from First Bank & Trust Conpany of Boca Raton, Florida,
for a disclaimer
8. INDIAN RIVER COUNTY - File No. 2245-31-253.12(6),
application from Caudebec, Inc., for quitclaim deed
MONROE COUNTY - File No. 2125-44-253.12, To Be Advertised.
Howard P. Bonebrake and wife, represented by Bailey, Mooney, Post
Associates, Inc. , applied to purchase a parcel of sovereignty land
containing 0.55 acre in Florida Bay abutting Section 15, Township
64 South, Range 36 East, Lower Mateciambe Key, Monroe County,
appraised at $636.36 per acre, for the purpose of constructing a
small jetty and basin for protection of applicant's upland property,
8-12-69
- 402 -
The biological report stated that sale and subsequent development
should not have significant adverse effects on marine life, and
the staff indicated that sale would be consistent with previous
sales of adjacent submerged lands.
On motion by Mr. Dickinson, seconded by Mr. Adams and adopted, the
Trustees authorized advertisement of the parcel for objections only,
MONROE COUNTY - File No. 2161-44-253.12, To Be Advertised.
James J. Bell, Sr . , and wife, represented by Bailey, Mooney, Post
Associates, Inc., applied to purchase a 0.28 acre parcel of
sovereignty land in the Gulf of Mexico abutting Section 15, Town-
ship 64 South, Range 36 East, Lower Matecumbe Key, Monroe County,
appraised at $714.28 per acre. Applicants offered $200.00 for the
parcel for the purpoafe of constructing a small jetty and basin
for protection of their upland property.
The biological report indicated no significant adverse effects on
marine resources in the area from sale and subsequent development
of the parcel, and staff was of the opinion that sale of the parcel
would be consistent with previous sales of adjacent submerged lands.
On motion by Mr. Dickinson, seconded by Mr. Adams and adopted, the
Trustees authorized advertisement of the parcel for objections
only.
SARASOTA COUNTY - File No. 2019-58-253.12, Reconfirmation of Sale;
Deed Restriction.
On January 28, 1969, the Trustees confirmed sale of a 0.93 acre
parcel of filled sovereignty land abutting upland of Per A. O.
Scheutz, et ux, provided a limited use and reverter provision
should be included in the instrument of conveyance. On June 17
consideration was given to an appropriate restrictive covenant, and
action was deferred on July 15 because only four members of the
Board were present. After further review of the Trustees' discus-
sion and action taken on June 17, the staff proposed a clause to
become a part of the instrument of conveyance and requested
authority to issue the deed.
The Director explained that the language in the deed had been a
controversial matter and the approval of the Board v/as needed.
Mr. J. A. Mcclain, Jr., representing Mr. Scheutz, was present to
request different language from that proposed by the staff.
Explaining that the application had been pending for two years
involving a small parcel affected by a drainage easement and street
set-back requirement adjacent to a two and one-half million dollar
apartment condominium development, Mr. McClain reviewed the previous
presentation, the appraisals, the protests received by the Trustees,
and said that during the whole time the applicant had said there
would be no building on the parcel for revenue-producing purposes,
but that it would be used for beautification and recreation uses.
He said that on January 28 they paid $26,505.00 for the land, that
they agreed to pay for the second appraisal, which they did, and
that delay in improving the parcel in front of the condominium
was hurting the development and sales.
Mr. McClain said that in June he wrote to each member of the
Board a four-page letter v/hich stated the plans for the parcel
included no building other than a swimming pool and one-story
building complementary thereto, for restrooras and showers, that
beautification would be in keeping with the high quality of the
8-12-69
- 403 -
apartment complex.
Governor Kirk pointed out that in previous discussion Mr. McClain
had agreed that there would be largely parks and landscaping. He
questioned whether the appraiser had considered the use for a
swimming pool and noted that there were other swimming pools shown
on the development plan.
Motion was made by Mr. Adams, seconded by Mr . Dickinson, that the
Trustees approve issuance of deed with the language proposed by the
staff amended to allow the developer to construct a swimming pool
and one-story bath house purely for recreation use.
Mr. Dickinson mentioned that this was only a motion for the
language in the instrument. The conveyance had been approved on
January 28. Mr. McClain said he had ascertained from the Attorney
General's office that an affirmative vote of five was not required
as the sale was not under consideration - just the language in the
deed.
Governor Kirk said he would not vote for having a swimming pool
and bath house on the parcel. Mr. Williams said he would vote in
the affirmative as he thought a swimming pool would be a recreational
use, with landscaping.
On the vote of three to one, the Trustees authorized issuance of
the deed with the following restrictive covenant and reverter
provision:
"PROVIDED, HOWEVER, that the aforedescribed parcel of land
may be used only for recreational and beautif ication
purposes accessory to the use of the upland property, and
FURTHER PROVIDED, that no buildings may be erected on said
parcel, except that a swimming pool and a single story
building complementary thereto may be constructed on said
parcel; and FURTHER PROVIDED, that in the event of non-
compliance with the aforestated covenant, said parcel
shall automatically revert to the Trustees."
DADE COUNTY - Waiver of Restriction.
The City of Miami by Resolution No. 40839 dated July 10, 1969,
requested waiver of the use restriction "for municipal purposes
only" in Trustees Deed No. 19448 dated February 24, 1949, which
conveyed to the city sovereignty lands bayward of the established
bulkhead line. Waiver was requested for an area of 1.0 acre
abutting the area for which waiver was granted by the Trustees on
February 5, 1963, and would allow extension of the docking
facilities of the Biscayne Yacht Club. There would be no dredging
or filling of the area and no change in the bulkhead line.
On motion by Mr. Williams, seconded by Mr. Dickinson and adopted,
the Trustees approved waiver of the municipal purpose clause by
appropriate instrument approved by the Attorney General covering
Biscayne Yacht Club's proposed dock extension, subject to the said
club obtaining necessary dock permit from the Board of Trustees,
the U. S. Corps of Engineers, and the City of Miami.
PINELLAS COUNTY - Litigation. Kennedy, et al, vs. Kirk, et al.
Civil No. 10,900; 6th Judicial Circuit.
The Trustees were parties defendant in the above-styled cause,
and to adequately defend the Board it had been determined necessary
8-12-69
404 -
to retain experts in the field of geology, oceanography, and local
land surveying firms. Staff requested authority to expend funds
for that purpose.
On motion by Mr. Williams, seconded by Mr. Adams and adopted, the
Trustees authorized expenditure of such funds as reasonably necessary
to provide defense in the suit.
Mr. Dickinson had to leave the meeting. He authorized Mr. Adams
to cast an affirmative vote for him on all the following matters.
BREVARD COUNTY - Bulkhead Line, Section 253.122 Florida Statutes.
Without objection, the Trustees waived the advance agenda requirement
for consideration of a bulkhead line urgently needed by the Depart-
ment of Transportation for construction of the Newfound Harbor Bridge,
The Board of County Commissioners of Brevard County adopted a
resolution on August 7, 1969, fixing a bulkhead line and revising
an existing bulkhead line in Section 25, Township 24 South, Range
36 East, Brevard County, All requxred exhibits were furnished and
there were no objections at the local hearing.
The biological survey report from the Department of Natural
Resources indicated that the proposed project should not have
adverse effects on marine life in the area.
Motion was made by Mr. Williams, seconded by Mr . Adams and adopted,
that the Trustees approve the bulkhead line as located and fixed
by Brevard County on August 7, 1969.
DADE COUNTY - Dredge Permit, for Beach Nourishment;
Section 253.123 Florida Statutes.
Application was made for 100 Lincoln Road Company, by Little River
Marine Construction Co., Inc., for permit to dredge 15,500 cubic
yards of material from the Atlantic Ocean in Section 34, Township
53 South, Range 42 East, Dade County, for beach nourishment use.
The Bureau of Beaches and Shores Division of the Department of
Natural Resources approved the proposed project.
Applicant had agreed to quitclaim any right, title, interest and
claim whatsoever, in and to any sovereignty land filled during
beach nourishment, riparian to applicant's upland.
On motion by Mr. Adams, seconded by Mr. Williams and adopted, the
Trustees approved the dredging for beach nourishment.
ESCAMBIA COUNTY - Dredge Permit to Improve Uplands,
Section 253.123 F. S., Filello. 338.
The Department of the Navy applied for permission to remove
260,000 cubic yards of material from bottoms adjacent to the
Intracoastal Waterway in Pensacola Bay in Sections 16 and 17, Tovm-
ship 3 South, Range 31 V7est, Escambia County, to deposit on upland
property for extension of a runway.
The Department of Natural Resources biological report indicated
no adverse effects on marine resources from the proposed work.
On motion by Mr. Williams, seconded by Mr. Adams and adopted, the
Trustees granted the permit without charge for the material.
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ESCAMBIA COUNTY - Dredge Permit to Improve Beach Area,
Section 253.123 Florida Statutes.
Charles N. Norton applied for permission to remove sand and accumu-
lated silt from his boat basin to improve his beach area in Bayou
Texar in Sections 2 and 5, Township 2 South, Range 29 West,
Escambia County. He offered check for $50.00 for the material
which would all be placed on his beach area.
The Department of Natural Resources biological report indicated
that the project should not adversely affect marine life in the
area, since it was a small project.
On motion made by Mr. V'/illiams, seconded by Mr. Adams and adopted,
the Trustees approved issuance of the dredge permit.
LAKE COUNTY - Dredge Permit, to Improve Uplands, Section 253.03.
Thomas R. Gale of Mount Dora, Florida, applied for permit to remove
50 ciibic yards of material from Lake Gertrude in Section 30, Township
19 South, Range 27 East, Lake County. He tendered check in the
amount of $50.00 for the material to be deposited on his upland
property.
The Florida Game and Fresh Water Fish Commission reported favorably
on the project, subject to normal stipulations in the permit as
to dredging.
Motion was made by Mr. Williams, seconded by Mr. Adams and adopted,
that the Trustees approve issuance of the dredge permit.
DADE COUNTY - Electric Distribution Line.
Florida Power and Light Company, Miami, Florida, desired to
release and return to the Trustees and State of Florida a portion
of a 170-foot wide right of way acquired from the Trustees and the
State of Florida in 1963, in return for acquisition of additional
right of way in order to relocate and commence immediate construc-
tion of a high voltage transmission line. In exchange for 28.05
acres of new right of way in Section 23, Township 53 South, Range
39 East, Dade County, the company would return 36.62 acres of right
of way in Sections 14 and 23 in said township and range, acquired
from the Trustees in Easement No. 23474 dated September 9, 1963,
and from the State of Florida, Chapter 18295, Acts of 1937, the
Murphy Act, by easement dated February 11, 1954.
Motion was made by Mr. Williams, seconded by Mr . Adams and adopted,
that the Trustees approve the return and granting of new right of
way by appropriate instrument.
OKALOOSA COUNTY - Electric Distribution Line.
The Choc tawha tehee Electric Cooperative, Inc., DeFuniak Springs,
Florida, requested a right of way 1320 feet long across the North
20 feet of the NE^ of NE^ of Section 3, Township 5 North, Range 25
West, Okaloosa County, for furnishing electric service to a private
landowner.
The requested easement would cross a portion of the Blackwater River
State Forest. The Division of Forestry had reviewed and approved
the request.
On motion by Mr. Williams, seconded by Mr. Adams and adopted, the
Trustees authorized issuance of the requested easement.
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CLAY COUNTY - The Director advised that a Florida Game and Fresh
Water Fish Officer had been arrested for trespassing while investi-
gating a reported illegal lake fill operation in Lake Geneva, Clay
County. The staff had felt an obligation and asked the Attorney
General for assistance, as the Trustees' office had received
excellent cooperation from the Game and Fish officers in surveil-
lance and helping enforce the law. Assistant Attorney General Steve
Slepin had gone to Clay County and after the law and the Trustees'
administrative rules were explained to the violator's attorney, the
charges were withdrawn and the officer released. The reported
filling would be followed up by the staff.
Mr. Adams asked about the field force needed to adequately defend
the tremendous values in state submerged lands, including fresh
waters, and whether the approximate 200 violations reported per
quarter had been investigated by the staff. Mr. Apthorp said they
did the best they could, and that justification for an increased
staff would be filed with the Division of Planning and Budgeting.
Answering Governor Kirk's question about funds, Mr. Apthorp said
the Trustees could use funds derived from the sale of lands, fill
material, and fees - not General Revenue funds.
The Board accepted the report.
HILLSBOROUGH COUNTY - File No. 1931-29-253.124 (Apollo Beach), Dredge
Permit, Sec. 253.123, and Extension of Fill
Permit, Sec. 253.124 Florida Statutes,
on August 5, 1969, the Trustees considered the application made by
Lawrence J. O'Neil on behalf of Francis J. Corr, Paul B. Dickman,
and Robert E. Lee & Co., Inc., for a time extension of an existing
fill permit approved by the Trustees on July 11, 1967, and directed
the staff to investigate a statement that dredging was done after
expiration of the permit.
The Director advised that the Seward Dredging Company did, in fact,
operate after expiration of the permit due to misunderstandings,
that they immediately stopped upon learning that the permit had
expired, and had not operated the dredge since August 4th. The
Director said the shut-dovm had been, in effect, a penalty, and
under the circumstances the staff recommended no penalty but that
conditional extension be granted for only the portion identified as
parcel 8 on the map, for a period of only 90 days under conditions
worked out to provide acceptable standards to reduce siltation,
pollution and unnecessary damage to marine biological resources.
Before any time extension of the conditional permit would be recom-
mended, the applicants would be required to submit a complete
dredging plan for the entire project.
Motion was made by Mr. Adams, seconded by Mr. Williams and adopted,
that the rules be waived and the Trustees authorize issuance of
the conditional permits for dredging and filling as recommended by
the staff. Mr. Dickinson, out of the room when the vote was taken
and contacted by the Director after the meeting, also approved
issuance of the conditional permit for the Apollo Beach project.
BISCAYI^E NATIONAL MONUMENT - Mr. Apthorp asked for advice on how
to pursue the litigation instituted by the City of Islandia
concerning the Trustees' approval of the condemnation of submerged ^
lands in Biscayne Bay for Biscayne National Monument. The Trustees
office had no attorneys on the staff yet, and the normal procedure
8-12-69
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would be for the Attorney General's office to handle litigation.
The Reorganization Act provided that the Board might retain other
counsel in the wisdom of the Board, in lieu of legal services
provided by the Attorney General and the Department of Legal
Affairs. It would be necessary to file an answer within twenty
days.
Assistant Attorney General Herbert Benn was present, representing
Attorney General Earl Faircloth. He said their services had been
offered to handle the litigation, they were ready and able to
represent the Trustees until the legal in-house positions were
filled, and that they had not discussed the hiring of outside
counsel for the litigation.
Mr. Williams thought the Attorney General should represent the
Trustees, and that the Board should expedite securing the legal
positions requested by the Director for the Trustees' office.
Mr. Adams said he appreciated the position of the Attorney General
in desiring to know the wishes of the Board in the light of the
statement in the Reorganization Act and on boards where he is a
member, that the Attorney General had a very able staff and Mr.
Benn said they could handle the matter - which was going to be a
very involved suit. However, Mr. Adams said, it appeared appro-
priate in this case to authorize the staff to secure outside
counsel and he so moved.
Mr. Benn said that because of the intent of the Reorganization Act
that when the Attorney Genera 1 sits as a policy maker as in this
instance, and where there might be professional conflicts of
interest apparent, that the Legislature allowed hiring of outside
counsel; and on that predicate the Attorney General and Department
of Legal Affairs had suggested consideration and deferred to the
wisdom of the members of the Board.
Mr. Williams agreed reluctantly to retaining outside counsel,
suggesting that when competent attorneys were added to the Trustees'
office staff they might take over the litigation and thereby save
some money.
On the motion by the Secretary of State, duly adopted, the
Trustees authorized the Director to retain outside legal counsel
to defend the lawsuit VN'hich had been filed against the Trustees
concerning the transfer of lands in Biscayne Bay for Biscayne
National Monument. Mr. Dickinson was momentarily out of the room
when the vote was taken but in discussion immediately following
the meeting, he agreed to the action of the three members of the
Board who were present.
Treasurer Broward Williams called attention to information he had
received that owners of land in Islandia were not being offered
fair prices for their land by the Federal Government, that owners
not able to offer their property on the market because of tha
impending acquisition for the Biscayne National Monument were put
in a position of having prices depressed and not being offered
even what they had paid for the land. He asked for an investiga-
tion. Mr. Williams said he had signed the resolution to assist
the Federal Government to get the appropriation to purchase private
holdings, but he had not signed any deed and was disturbed about
the complaints he had heard.
8-12-69
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Governor Kirk said the Trustees could call on the Corps of Engineers
to give a report on their progress, the appraisals being made, and
answer the questions raised by Mr. Williams.
It was so ordered.
On motion duly adopted, the meeting wa
ATTEST :
* *^A *
Tallahassee, Florida
August 19, 1969
The State of Florida Board of Trustees of the Internal litprovement
Trust 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
James W. Ap thorp
Governor
Secretary of State
Attorney General
Comptroller
Treasurer
Commissioner of Education
Commissioner of Agriculture
Executive Director
On motion duly adopted, the Trustees approved minutes of the meeting
on August 12, 1969.
MONROE COUNTY - File No. 2174-44-253.12, Land Sale.
On June 17, 1969, the Trustees considered application from the
United States Department of the Navy to purchase a parcel of filled
sovereignty land abutting Pier B, Key West Naval Station, Key West,
containing 0.05 acre, more or less, in Monroe County. The parcel,
to be used in connection with naval docking facilities, had been
filled some time subsequent to the enactment of Chapter 57-362,
Laws of Florida, during the time filling by public bodies was
exempt from said act.
The sale was advertised in the Key West Citizen, proof of publica-
tion filed, and no objection was received. The biological report
was not adverse, and on the advertised sale date, August 12, five
members were not present and action was deferred.
8-19-69
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On motion by Mr. Williams, seconded by Mr. Faircloth and adopted,
the Trustees confirmed sale of the parcel at the minimum charge of
$100.00 offered by the Department of the Navy.
CITRUS COUNTY - File No. 2188-09-253.12, Land Sale.
On June 3, 1969, the Trustees considered application from Charles
Kofmehl of Crystal River, Florida, to purchase a parcel of hereto-
fore filled sovereignty land abutting Government Lot 4, Section 21,
Township 18 South, Range 17 East, containing 1.628 acres in the
City of Crystal River, Citrus County, to be used in connection with
enlarging a marina operation. Notice of sale was published in the
Suncoast Sentinel, proof of publication filed, and no objection
received. The land was appraised at $4,153.22 per acre which the
staff considered a fair evaluation.
The biological report was not adverse. The bulkhead line approved
by the Trustees April 8, 1969, in subject area was located approxi-
mately at the mean high water line.
The sale, advertised for consideration on August 5, was deferred
on that date and on August 12 for the reason that five members
were not present.
Motion v/as made by Mr. Adams, seconded by Mr . Dickinson and adopted,
that sale of the advertised parcel be confirmed.
BREVARD COUNTY - File No. 2232-05-253.12, Application to Purchase.
Richard A. Bewerse of Indian Harbor Beach, Florida, applied to
purchase a parcel of sovereignty land in the Banana River abutting
the North 258.42 feet of Lot 8, Dickinson's Subdivision, Plat Book
1, Page 37, lying in Section 8, Township 26 South, Range 37 East,
South Merritt Island in Brevard County, containing 0.79 acre.
The biological report stated that sale and subsequent development
of the area would not be in the best interest of conservation and
would adversely affect marine life. The parcel was in the proposed
Banana River Aquatic Preserve. The Interagency Advisory Committee
had recommended relocation of the bulkhead line at the mean high
water line, but Brevard County had reconfirmed the line as located.
Staff recommended that the application be denied and the $50.00
application fee be refunded to the applicant.
On motion by Mr. Williams, seconded by Mr. Adams and adopted, the
Trustees approved the recommendation to deny the application and
refund the $50.00 fee.
PALM BEACH COUNTY - File No. 2233-50-253.12, Application to Purchase,
Without objection, at the suggestion of the Director the application
of Dr. Raymond Roy to purchase 0.512 acre parcel of sovereignty
land in Lake Worth abutting Section 27, Township 43 South, Range
43 East, City of West Palm Beach, was removed from the agenda on
this date.
PINELLAS COUNTY - Application for Land Sale.
The Pinellas County Water and Navigation Control Authority adver-
tised and scheduled for consideration by the Trustees on July 29,
1969, an application from Mrs. Anne Gray, represented by Thomas
8-19-69
- 410 -
Nevman, Trustee, Union Trust National Bank of St. Petersburg,
Florida, to purchase a 0.53 acre parcel of sovereignty land in
Boca Ciega Bay landward of the existing bulkhead line and abutting
Lots 6 and 7, Block E, Jungle Shores, as recorded in Plat Book 6,
Page 4, Public Records of Pinellas County, in Section 13, Township
31 South, Range 15 East, Pinellas County. Recommendations from the
Authority, received subsequent to closing the agenda of the 29th,
were listed on August 5 and 12 and action deferred for the reason
that five members v/ere not present.
The Authority denied the application on the basis that the parcel
was in the Boca Ciega Bay Aquatic Preserve created by Chapter
69-342, Acts of 1969. Staff recommended confirmation of the denial,
On motion by Mr. Williams, seconded by Mr . Faircloth and adopted,
the Trustees denied the land sale applied for by Mrs. Gray.
PALM BEACH COUI-JTY - File 2210-50-253.129, Ex Parte Disclaimer.
Ray G. Ruyle, Manager of Lake Worth Title & Guaranty Co., on behalf
of Edwin H. Keough, et ux; George E. Alexander, et ux; William A.
Friffor, et ux; H. A. Lammi; and City of Lake Worth, a Municipal
corporation, requested issuance of an ex parte disclaimer pursuant
to Section 253.129 Florida Statutes, for 0.645 acre parcel of
sovereignty land in Lake Worth filled prior to the enactment of
Chapter 57-362, Laws of Florida, abutting Lot 1, Block "C", North
Lake Worth, according to Plat recorded in Plat Book 5, Page 48,
Public Records of Palm Beach County, in the City of Lake Worth,
Florida.
All necessary docximents were siibmitted and staff recommended
approval .
On motion by Mr. Faircloth, seconded by Mr. Williams and adopted,
the Trustees authorized issuance of ex parte disclaimer for the
usual $100 processing fee.
PALM BEACH COUNTY - File No. 2241-50-253.129, Disclaimer.
Brockway, Owen & Anderson Engineers, Inc., on behalf of First Bank
and Trust Company of Boca Raton, Florida, requested issuance of a
disclaimer pursuant to Section 253.129 Florida Statutes, for 1.415
acre parcel of sovereignty land in Lake Worth filled prior to
enactment of Chapter 57-362, Laws of Florida, abutting Lots 110,
111, 112 and 113, Palm Beach Estates, according to plat recorded in
Plat Book 8, Page 3 of the Public Records of Palm Beach County, in
Section 14, Township 44 South, Range 43 East, Town of Palm Beach,
Florida.
All necessary documents were submitted and the staff recommended
approval.
On motion by Mr. Faircloth, seconded by Mr. Williams and adopted,
the Trustees authorized issuance of the disclaimer for $100
processing fee.
PALM BEACH COUNTY - File No. 2240-50-253.129, Disclaimer.
Brockway, Owen and Anderson Engineers, Inc., on behalf of First
Bank and Trust Company of Boca Raton, Florida, applied for a
disclaimer pursuant to Section 253.129 Florida Statutes, for 0.325
acre parcel of sovereignty land in Lake Worth filled prior to
enactment of Chapter 57-362, Laws of Florida, abutting the North
8-19-69
- 411
100 feet of Lot 120 and Lot 119, Palm Beach Estates, according to
plat recorded in Plat Book 8, Page 3 of Public Records of Palm Beach
County, Florida, in Section 14, Township 44 South, Range 43 East,
Town of Palm Beach, Florida.
All necessary documents were submitted and staff recommended
approval.
Motion was made by Mr. Faircloth, seconded by Mr . Williams and
adopted, that the Trustees authorize issuance of the disclaimer
for the $100 processing fee.
INDIAN RIVER COUNTY - File 2245-31-253.12(6), Quitclaim Deed.
Lloyd & Associates, representing Caudebec, Inc., a Florida corpora-
tion, requested issuance of a quitclaim deed to a 0.816 acre parcel
of sovereignty land filled prior to June 11, 1957, abutting Lots
1, 2, 3 of I. D. Jandreau Subdivision of a part of Section 29,
Township 32 South, Range 40 East, City of Vero Beach, Indian River
County.
Under provisions of Section 253.12(6) it was 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 sxobmerged land sold by the Trustees on September 20, 1966,
(TIIF Deed No. 24377(1898-31) immediately adjacent to the subject
land, was valued at $200 per acre.
Motion was made by Mr. Faircloth, seconded by Mr . VJilliams and
adopted, that quitclaim deed be issued for $164.00 consideration.
COLLIER COUNTY - File No. 1679-11-253.12, Corrective Deed.
William H. Gracely, on behalf of Marco Towers, inc., requested
issuance of a deed to correct an error in bearing in Trustees Deed
No. 24111 dated November 15, 1965, embracing 3.5 acres of
sovereignty land in Big Marco Pass in Section 5, Township 52 South,
Range 26 East, Collier Coiinty.
On motion by Mr. Faircloth, seconded by Mr. Williams and adopted,
the Trustees authorized issuance of corrective deed without charge.
MONROE COUNTY - Florida Keys Junior College; Stockpile.
On July 8 the Board considered a proposal submitted by the high
bidder for the stockpile of material which would fill four areas
for the Florida Keys Junior College and the staff was directed to
study the relative values and refer to the Attorney General the
preparation of a suitable contract. However, since this was not
the basis on which bids were taken, the Attorney General advised
that it constituted a negotiated bid and was not legal. William
G. Stevens, the high bidder, had been informed that the bid had
to be rejected for that reason.
The staff had made on-site inspection of the Florida Keys Junior
College campus on Stock Island near Key West, consisting of filled,
partially filled, and submerged lands, determined that 555,700
cubic yards of fill material would be needed to complete development
of the canpus and a channel to permit deep water access for the
research vessel. A report siabmitted to the Trustees on this date
showed three alternates for disposal of the stockpile and recommended
advertisement for bids for the construction of the access channel
and the placement of 555,700 cubic yards of material in designated
8-19-69
- 412 -
areas in accordance with specifications for the campus, in exchange
for the balance of the material subject to (1) campus site to be
completed within two years, (2) entire project and balance of material
removed within four years, (3) bond in sufficient amount to insure
completion of campus and bond might be reduced upon completion of
portions of the campus. If feasible, the minimum acceptable bid for
the balance of the material should be 10<: per cubic yard.
The Trustees discussed the staff proposal and Mr. Christian called
on Dr. John S. Smith, President of the Junior College, and Dr. Lee
Henderson, Director of the State Division of Junior Colleges, for
remarks. Mr. Adams thought the stockpile might be reduced not to
submerged land but to a usable level, leaving valuable real estate.
Governor Kirk asked about the origin of the stockpile of material.
Mr. Stevens said his check had not been returned and indicated that
his offer at the rate of 50<: per cubic yard for the stockpile still
held and he would like to bid on the access channel work separately.
Mr. Apthorp said the staff would rework the proposal if the Board
preferred to have it handled differently, that they had no assurance
that they would get any bids on the basis recommended today but had
felt it might be a solution of the excess material already in the
stockpile, the access channel and completion of the Junior College
site.
Governor Kirk pointed out the value of fill material as the only way
to get usable land in the Florida Keys, where conditions were so
different. He said the Trustees should recognize the problems in
Monroe County and relieve the conditions caused by the moratorium,
asking for recommendations from the staff.
Motion was made by Mr. Williams that the staff confer with those who
raised c[uestions today, rework their recommendation and bring it
back to the Board next week. Mr. Christian summarized that the
proposal should include reduction of the stockpile to a useful
level, dredging of the desired access channel and furnishing
material to the Junior College, and sale of the balance of the fill
material removed from the access channel.
It was so ordered.
CLAY COUNTY - File No. 2237-10-253.124 Fill Permit.
The Department of Transportation requested approval of fill permit
as adopted by the Board of County commissioners of Clay County by
resolution on July 30, 1969, for filling an area in Doctors Inlet
in Section 33, Township 4 South, Range 26 East, Clay County, for the
construction of State Road 15 (U. S. No. 17).
The bulkhead line for the area was approved July 8, 1969, right of
way dedicated July 29, 1969. The biological report of May 8, 1969,
was not adverse to the project.
On motion by Mr. Faircloth, seconded by Mr. Dickinson and adopted,
the Trustees approved the fill permit.
MONROE COUNTY - Dredge Permit To Improve Navigation,
Section 253.03 Florida Statutes.
Dr. Richard C. Webster of Islamorada, Florida, applied for permit
to construct a 50 ft .wide by 5 ft. deep by 400 ft. long navigation
channel adjacent to his upland in Matecximbe Bight in Section 21,
8-19-69
- 413 -
Township 64 South, Range 36 East, Monroe County. Material removed
would be placed on applicant's upland.
There would be adverse effects on marine life, according to the
biological report from the Department of Natural Resources. But
the channel would provide the applicant access to his upland.
On motion by Mr. Dickinson, seconded by Mr. Adams and adopted, the
Trustees authorized issuance of the dredge permit.
MONROE COUNTY - Dredge Permit, To Improve Navigation,
Section 253.03 Florida Statutes.
Marshall Reinig applied for permission for a navigation channel
50 ft. wide, 5 ft. deep and 220 ft. long, adjacent to his upland
in the Atlantic Ocean in Section 6, Township 62 South, Range 39
East, Monroe County. Material removed would be placed on his sub-
merged land purchased under Trustees Deed No. 21393, Tract 4.
The Department of Natural Resources had reported that the proposed
fill in a portion of Tract 4 would adversely affect marine resources,
but that the dredging would provide access to the upland. Applicant
revised his proposed fill area to reduce the adverse effects and
staff recommended approval of the permit.
On motion by Mr. Adams, seconded by Mr. Dickinson and adopted,
the Trustees authorized issuance of the fill permit as recommended.
MONROE COUNTY - Dredge Permit, To Improve Navigation,
Section 253.03 Florida Statutes.
Douglas R. Gaines of Marathon, Florida, applied for permit for the
construction of a navigation channel adjoining his upland in
Florida Bay, 75 ft. wide, 15 ft. deep, 2100 ft. long, and a
channel 30 ft. by 5 ft. by 1120 ft. long in Section 6, Township
66 South, Range 33 East, Monroe County.
The material removed would be placed on his upland, and he tendered
check in the amount of $5,100.00 as payment for material from the
over cut.
The Department of Natural Resources indicated that there would be
definite adverse effects from the proposed channels. The applicant
revised his application in order to minimize the damage to marine
life, and staff recommended approval.
On motion by Mr. Christian, seconded by Mr. Dickinson and adopted,
the Trustees authorized issuance of dredge permit as recommended.
MONROE COUNTY - Dredge Permit, To Improve Navigation,
Section 253.03 Florida Statutes.
J. R. Matthews, Big Pine Key, Florida, applied for permit to
construct a navigation channel 40 ft. wide, 10 feet deep by 400 ft.
long, adjacent to Government Lot 2 in Section 14, Township 66 South,
Range 29 East, on Big Pine Key in Monroe County. He tendered check
for $474.10 as payment for material from the over cut.
The Department of Natural Resources biological report indicated
limited adverse effects on marine resources from the proposed work.
On motion by Mr. Dickinson, seconded by Mr. Adams and adopted, the
Trustees approved issuance of the dredge permit.
8-19-69
414 -
ST» JOHNS COUNTY - Dredge Permit, Submarine Cable Installation,
Section 253.123 Florida Statutes.
Gateway Cable T. V.,Inc., St. Augustine, Florida, applied for permit
for installing a submarine cable across the Matanzas River in Tovm-
ship 7 South, Range 30 East, in St. Augustine.
The Department of Natural Resources biological survey report indicated
no significant effect on marine resources.
On motion by Mr. Faircloth, seconded by Mr .Adams and adopted, the
Trustees approved issuance of the dredge permit.
VOLUSIA COUNTY - Dredge Permit, Submarine Cable Installation,
Section 253.123 Florida Statutes.
Florida Power and Light Co., Daytona Beach, Florida, appHed for
permit for installing a submarine cable across the Indian River in
Section 6, Township 18 South, Range 34 East, Volusia County.
The Department of Natural Resources biological report indicated no
significant effects on marine resources.
Motion was made by Mr. Faircloth, seconded by Mr. Williams and
adopted, that the dredge permit be approved.
PINELLAS COUNTY - State Commercial Dock Permits,
Section 253.03 Florida Statutes.
Pinellas County Water and Navigation Control Authority issued
comomercial dock permits, subject to Trustees' approval, to
(1) Tampa Bay Engineering Co., St. Petersburg, Florida,
for a dock in Smacks Bayou in Section 9,
Township 31 South, Range 17 East, and
(2) T. B. Malloy, Treasure Island, Florida, for a dock
in Boca Ciega Bay adjacent to Lots 21 and 22 Block 3,
Sawyer & Harrell's Addition to Boca Ciega Pass.
All required exhibits and $100 processing fee were furnished for
each application.
Motion was made by Mr. Faircloth, seconded by Mr. Williams and
adopted, that issuance of the dock permits be approved.
BREVARD COUNTY - File NO. 2247-05-253.03, Right of Way Easement.
By resolution dated August 14, 1969, Brevard County requested
easement for road right of way embracing 9.66 acres over bottoms of
New Found Harbor in Section 25, Township 24 South, Range 36 East,
for the construction of North-South Road. The Trustees approved
bulkhead line for the area on August 12, 1969.
The biological report indicated that the project should not have
adverse effects on marine life.
Motion was made by Mr. Christian, secoiided by Mr . Conner and adopted,
that the Trustees authorize issuance of the right of way easement.
BREVARD COUNTY - Temporary Easement for Dredge Area.
By resolution dated August 14, 1969, Brevard County requested a
temporary easement for a dredge area of 11.02 acres in Section 25,
8-19-69
- 415 -
Township 24 South, Range 36 East, to be used in the construction
of the North-South Road, New Found Harbor, Brevard County.
The biological survey report indicated that the proposed project
should not have adverse effects on marine life.
On motion by Mr. Christian, seconded by Mr. Conner and adopted,
the Trustees approved the temporary easement.
BREVARD COUNTY - File No. 2247-05-253.123 and 253.124,
Dredge and Fill Permits.
By resolution dated August 14, 1969, Brevard County requested a
dredge permit and approval of a fill permit to be used in construc-
tion of the North-South Road, New Found Harbor , Section 25,
Township 24 South, Range 36 East, Brevard County.
The bulkhead line for the area was approved by the Trustees on
August 12, 1969. The biological survey report indicated that the
proposed project should not have adverse effects on marine life.
On motion by Mr. Christian, seconded by Mr. Conner and adopted, the
Trustees approved the fill permit issued by Brevard County under
provisions of Section 253.124, and authorized issuance of dredge
permit under Section 253.123 Florida Statutes.
BREVARD COUNTY - Dredge Permit, To Improve Navigation,
Section 253.123 Florida Statutes.
The Department of Transportation applied for permit to perform
maintenance dredging in the Indian River in Township 24 South,
Range 37 East, Brevard County, to provide access for equipment to
facilitate construction of the proposed bridge on State Road 528.
The material to be removed will be placed on the road right of way.
The Department of Natural Resources biological report indicated that
dredging in this area would adversely affect marine life. However,
staff recommended approval of the permit since the channel was
needed for the bridge construction.
On motion by Mr. Christian, seconded by Mr. Conner and adopted, the
Trustees approved issuance of the dredge permit.
DADE COUNTY - File No. 18337 and 21655-13-253.124;
Dredge Permit, Section 253.123, and Fill Permit,
Section 253.124, Florida Statutes.
On July 29, 1969, the Trustees received for study various materials
filed by Judge Marion E. Sibley, attorney for Gables by the Sea,
Inc., applicant for a dredge permit and approval of a fill permit
issued by the City of Coral Gables on May 13, 1969, to fill
approximately 175 acres of land previously acquired from the
Trustees. Check had been tendered in payment for an estimated
1,300,000 cubic yards of material proposed to be dredged bayward
of the established bulkhead line within the City of Coral Gables
in Dade County.
The Interagency Advisory Committee had recommended relocation of
the bulkhead line to the line of mean high water. City of Coral
Gables had confirmed its present bulkhead line.
The Department of Natural Resources biological survey report was
adverse. The area was re-exeunined and a supplemental report dated
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August 6, 1969, stated that the massive project would have definite
and permanent adverse effects on marine life. Marine biologist
Robert Routa showed the Trustees some slides taken of the proposed
dredge and fill site.
Mr. Apthorp said that because of the adverse biological report and
because the City of Coral Gables had not adjusted its bulkhead line
as recommended by the Interagency Advisory Committee, the staff
recommended denial of the application.
Motion was made by Mr. Christian, seconded by Mr. Conner and adopted,
that the application be denied.
DUVAL COUNTY - Conveyance of Land for Park.
The Division of Recreation and Parks, Department of Natural Resources,
requested the Board to convey title to the North 480 feet of Tract
"K" per plat of Dewees Ocean Acres, recorded in Plat Book 20, Page
15 of the Public Records of Duval County, to the City of Jacksonville
for park purposes only. The former Outdoor Recreational Development
Council on January 28, 1969, had authorized and recommended the
conveyance subject to the requirement that the property be used for
park purposes only, and that the park be named for Dr. Kathryn Abby
Hanna.
On motion by Mr. Christian, seconded by Mr. Faircloth and adopted,
the Trustees authorized the conveyance by deed approved by the
Attorney General containing the above recited requirements and a
reverter clause for use other than park purposes and non-use for
three years .
STATE PARK AND RECREATION AREA LEASE AGREEMENTS.
The Division of Recreation and Parks, Department of Natural Resources,
requested the Board to enter into the following listed lease
agreements which had been authorized by the former Outdoor Recreational
Development Council on June 17, 1969, and all proposed lease agree-
ments approved by the office of the Attorney General:
1. Bear Creek Nature Park in Gadsden County, to the Division
of Recreation and Parks
2. Lone Cabbage Fishing Camp in Brevard County, to Brevard
County
3. Peace River Lake in DeSoto County, to Florida Game and
Fresh Water Fish commission
4. Stone Lake in Escambia County, to Florida Game and
Fresh Water Fish Commission
5. Temple Mound Park in Okaloosa County, to the City of
Fort Walton Beach
6. Cape Florida in Dade County, to the Division of
Recreation and Parks
7. Caladesi Island in Pinellas County, to the Division of
Recreation and Parks
8. Wekiwa Springs Park, in Orange and Seminole Counties,
to the Division of Recreation and Parks
9. St. Lucie Inlet State Park in Martin County, to the
Division of Recreation and Parks.
On motion by Mr. Williams, seconded by Mr. Faircloth and adopted,
the Trustees approved the nine lease agreements formerly authorized
by the Outdoor Recreational Development Council and approved by the
office of the Attorney General.
8-19-69
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ORANGE AND SEMINOLE COUNTIES - Electric Distribution Easement.
Florida Power Corporation of St. Petersburg, Florida, requested
necessary easements for installation of three-phase and single-
phase electric lines within the Wekiwa Springs State Park. The
Division of Recreation and Parks, Department of Natural Resources,
had reviewed and approved the request.
Motion was made by Mr. Williams, seconded by Mr. Dickinson and
adopted, that the application be approved.
HILLSBOROUGH COUNTY - Junior College Site.
At the request of Governor Kirk the conveyance of the south half
(80 acres) of the tract of land held by the Board for the W. T.
Edwards Tuberculosis Hospital in Tampa to the Board of Trustees of
the Hillsborough Junior College for a junior college site, which
was approved by the Board on July 8, 1969, was placed on the agenda
for reconsideration.
The staff secured an appraisal and prepared a plot plan of the
entire 160-acre hospital property showing location of improvements
and the division line between the south and north halves. The fair
market value of the 80 acres as determined by the staff appraiser
of the Division of Recreation and Parks was $1,489,250.00. To
eliminate taking in a part of the maint,building, the area proposed
to be conveyed could be reduced to 74 acres, of which the value
would be approximately $1,402,050.00. Mr. Christian said the 74
acres would be acceptable.
In view of the sizable donation of land from the state, Mr. Adams
recommended it be with the understanding that sites for two
additional junior college campuses would be provided locally, and
advised that Plant City had offered a site. Mr. Christian mentioned
other sites which the Junior College Board had not yet evaluated,
and said the county school board had pledged $430,000 for purchase
of a downtown site in Ybor City. He and Mr. Dick Elston, Chairman
of the Junior College Board of Tampa, and Dr. Lee Henderson,
Director of the State Division of Junior Colleges, discussed needs
of the area, plans for colleges which might ultimately include five
sites to meet population needs, and urged approval of grant of the
74-acre site which could be made ready for use by September of 1970.
Governor Kirk emphasized the present need for a downtown campus and
was reluctant to have the Dale Mabry site receive priority. He
said the local people should provide the sites, and he was concerned
that the Ybor City site must await completion of the urban renewal
program. Mr. Williams commented that they appeared to be trading
in land.
Motion was made by Mr. Christian, seconded by Mr. Adams and adopted,
that the Trustees reconfirm their conveyance of hospital land,
reduced to 74 acres to exclude the hospital facility, with an
understanding from the County Board that the additional site in
Ybor City be provided locally and that a suitable location in the
eastern section of the county be provided locally.
AQUACULTURE - In compliance with Chapter 69-46, Acts of 1969, the
aquaculture bill, guidelines were prepared by the staff and
reviewed and approved by the Department of Natural Resources and
the Florida Aquaculture Resources Association.
At the request of Mr. Adams, the Trustees deferred consideration
of the guidelines for a week.
8-19-69
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FUNDS - Staff furnished copies of a bill and requested authorizarion
for payment to Professor Dennis M. O'Connor of $648.12 for expenses
related to research and meetings concerning ocean boundaries and
sea bed rights of the State of Florida.
Mr. Adams made a motion for approval, Mr. Conner asked if any state
agency authorized the work and if tie Attorney General had some
knowledge of it. When Mr. Faircloth said he had questions about
it and Mr. Ap thorp said he had no information that the work was
authorized by a Director or the Board but that the work had been
done, it was suggested that the matter be held for a week.
It was so ordered.
FUNDS - Staff requested adoption of a resolution and amendment of
the operating budget by increasing it $156,882 to be remitted to
the Board of Trustees of the South Florida Junior College for the
purpose of completing construction. The staff had been assured in
writing that the money was needed because all other sources had
been exhausted, and that it would be repaid from the first funds
which become available to the Junior College.
In regular meeting on September 17, 1968, the Trustees had
authorized a loan up to the amount of $251,000 to aid construction
of the Junior College at Avon Park.
On motion by Mr. Christian, seconded by Mr. Conner and adopted, the
Trustees approved resolution and amendment of the operating
budget by increasing it $156,882 to be remitted to the Board of
Trustees of the South Florida Junior College as requested,
pursuant to the previous action of the Trustees.
INTERAMA - By letter from Reginald R. Walters, Director of Planning
Department, Metropolitan Dade County, the Trustees' Director had
been invited to attend a meeting in Miami where a land use plan
for interama would be discussed. Governor Kirk and Mr. Williams
said he should not go, that they opposed any plan to sell part of
the Interama land for private commercial use, and Mr. Christian
suggested that any surplus land should come back to the state.
Chapter 69-138, the Interama Bill, included provision for prior
approval by the Trustees of any transfer, lease, conveyance or use
inconsistent with the planned use for a cultural and trade center.
A loan of Trustees' funds to Inter -American Center Authority had
not been repaid.
The consensus was that the Director should not attend the meeting,
but should request information as to land iise plans for the
Interama site.
On motion duly adopted, the meeting
ATTEST:
/ BkECUTIVE DIRECliOR I
8-19-69
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Tallahassee, Florida
August 26, 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
Broward Williams Treasurer
Doyle Conner Commissioner of Agriculture
James W. Apthorp Executive Director
On motion duly adopted, the Trustees approved minutes of the
meeting held on August 19, 1969.
DUVAL COUNTY - Bulkhead Line, Section 253.122 Florida Statutes.
By resolution adopted on September 30, 1968, the Board of County
Commissioners of Duval County fixed and located a bulkhead line in
the St. Johns River at Sisters Creek in Section 26, Township 1 South,
Range 28 East, Duval County. All required exhibits were furnished.
There had been one objector at the local hearing who, after
discussion, withdrew his objection.
The biological survey report from the Department of Natural
Resources indicated that the bulkhead line should not have serious
adverse effects on marine life of the area.
The Consolidated City of Jacksonville by letter of June 25 from
James S. English, Director of Public Works, advised that they were
reviewing their bulkhead lines with the idea of relocating lines
as recommended by the Interagency Advisory Committee report.
On motion by Mr .Adams, seconded by Mr. Williams and adopted, the
Trustees approved the bulkhead line as located by Duval County on
September 30, 1968.
BROWARD COUNTY - At the Director's request the Board deferred action
on establishment of a mean high water line in a beach restoration
area in Lauderdale-By-The-Sea, pending receipt of additional infor-
mation from the Broward County Erosion Prevention District.
DADE COUNTY - File No. 2122-13-253.12, Application To Be Advertised.
Key Biscayne Yacht Club, Inc., represented by Carr, Smith and
Associates, Inc., applied to purchase a parcel of sovereignty land
containing 0.74 acre in Canal Haciendo in Section 32, Township 54
South, Range 42 East, Key Biscayne in Dade County, to be used for
trailer boat parking or to construct ramp and hoist for loading
and unloading members' boats.
Applicant offered $1,000 for the parcel, at the rate of $1,351.35
per acre, and the staff did not request an appraisal as the offer
was considered fair value for the land and the expense of an
appraisal did not appear to be justified. The Governor stated that
he was a member of the applicant yacht club and if there was any
question on an appraisal for the small parcel they would want it
brought out now.
8-26-69
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The conveyance, if sale is approved, would contain a reservation in
favor of Metropolitan Dade County for drainage purposes, and if
canal is subsequently filled, the land would not be suitable for
building purposes as it would be necessary to install drainage pipes,
The biological report was adverse to sale and development, showing
that although a bulkhead is in place along shore, the water depths
are sufficiently shallow to permit growth of seagrass, and sale and
development would eliminate this productive grassy habitat.
The Interagency Advisory Committee recommended that the bulkhead
line in the area be at the shore line. Dade County had revised the
bulkhead line to generally follow the shore line, the Trustees
having approved that line on January 28, 1969.
Staff recommended advertisement for objections only and that
conveyance, if subsequently approved, provide for a reservation in
favor of Metropolitan Dade County for drainage purposes, the
reservation to be approved by the Attorney General.
Motion was made by Mr. V7illia.-ns, seconded by Mr. Adams and adopted,
that the parcel be advertised for objections only.
MANATEE COUNTY - Bulkhead Lines. Mr. Apthorp said the staff had
received from Manatee county revised bulkhead lines covering about
73 miles of coast line, or approximately two-thirds of the entire
county, that the staff had written the county commission requesting
additional study of about 10 of the 73 miles which the county had
already begun working on, and in the Director's opinion the county
was making satisfactory progress on bulkhead line study. At
considerable expense and after public hearings, the county had
revised lines in conformance with the Interagency Advisory Committee
reports and was continuing its review of bulkhead lines.
Based on the above report, the Director said the staff was ncw
prepared to place Manatee County applications on the agenda.
MANATEE COUNTY - Dredge and Fill Permits,-
Section 253.123 and 253.124 Florida Statutes.
Mr. Dewey A. Dye, Jr., on behalf of Curtiss V7right Corporation,
requested approval of a fill permit issued by the Board of County
Commissioners of Manatee County by resolution dated May 27, 1969,
and requested issuance of dredge permit to excavate 768,000 cubic
yards of material to fill submerged lands and uplands heretofore
acquired. The County Commission had reconfirmed the bulkhead line
as located in the area.
The biological survey report was adverse, and although the appli-
cant had modified the original plan of development to accommodate
preservation of marine biological resources, the staff was of the
opinion that the project might be further redesigned to increase
areas of preservation. After preparation of the agenda there were
further conferences with the applicant's representatives in the
Trustees' office, resulting in further concessions on the develop-
ment plan, increase of areas to be preserved as valuable biological
habitat, and a bond of $50,000 to insure the Board that the
development methods would not adversely affect the productivity of
the bottoms adjacent to the sites being dredged and filled.
Mr. Apthorp said the biological survey would still be adverse,
that Mr. Woodburn was present if the Board had questions, but
since the applicant had made substantial changes that reduced the
8-26-69
- 421 -
biological damage and agreed to furnish bond, approval was recommended
for the modified application. The fill material request was reduced
to 607,000 cubic yards and permit requirements would include diking
to prevent siltation of adjoining areas.
Motion was made by Mr. Williams, seconded by Mr. Adams and adopted,
that the application of Curtiss Wright Corporation as amended and
recommended by the staff be approved by the Trustees.
PALM BEACH COUNTY - File 21814(79-50) 253.124, Fill Permit.
J. Bailey Wolforth, representing Mrs. Anne Lontz and Dr. Rex
Johnson, requested approval of fill permit issued by the Town of
Ocean Ridge on May 23, 1969, identified as Building Permit No. 613.
The applicant proposed to fill lands heretofore acquired by hauling
in fill material. There v;ould he no dredging or removal of any
submerged land lakeward of the bulkhead line.
On June 17, 1958, the Trustees had conveyed 27.9 acres of the
submerged bottoms of Lake Worth and payment was received for fill
material under the then existing policy of the Trustees, pursuant
to action of the Board in meeting December 11, 1956. A small portion
of the conveyed land was not filled at the time of the original
permit.
On motion by Mr. Adams, seconded by Mr. Williams and adopted, the
Trustees approved the fill permit.
CHARLOTTE COUNTY - Dredge Permit, to Install Water Main, Section
253.123, Florida Statutes.
General Development Utilities, Inc., of Miami, Florida, applied
for permission to dredge a trench for the installation of a 12-inch
water main in the Myakka River in Sections 7 and 18, Township 40
South, Range 21 East, Charlotte County.
The Department of Natural Resources biological report indicated that
the project should not adversely affect marine life in the area.
On motion by Mr. Adams, seconded by Mr. Williams and adopted, the
Trustees approved issuance of the dredge permit.
DUVAL COUNTY - Dredge Permit, Section 253.123 Florida Statutes.
The Jacksonville Port Authority applied for permit for maintenance
dredging to restore channel depth in an existing channel in the St.
Johns River at Talleyrand Docks and Terminal area in Township 2
South, Range 27 East, Duval County. Material removed would be placed
on applicant's upland.
The Department of Natural Resources biological study indicated that
the river in that zone was very turbid and polluted, the bottom was
below the photic zone for growth of marine grasses, and proposed
dredging would not adversely affect marine life.
On motion by Mr. Adams, seconded by Mr. Williams and adopted, the
Trustees approved the dredge permit.
ESCAMBIA COUNTY - Dredge Permit, to Install Outfall Sewer Line,
Section 253.123 Florida Statutes.
The United States Department of the Navy applied for permit to
dredge to install a sewer outfall in Pensacola Bay in Township 3
8-26-69
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South, Range 30 West, Escambia County. Staff requested waiver of the
requirement of a biological report as provided in Chapter 253.123
(3) (a) Florida Statutes, since the public need would be served.
Florida Air and Water Pollution Control commission advised that no
difficulties had occurred from the existing line and they had no
objections to the proposed project.
On motion by Mr. Adams, seconded by Mr. Williams and adopted, the
Trustees approved issuance of the dredge permit.
ESCAMBIA COUIITY - Dredge Permit, Section 253.123 Florida Statutes.
Jerry L. Brov;n applied for permission to remove debris-filled swamp
growth from in front of his property on Bayou Texar , described as Lot
3 Texar Woods Subdivision, Escambia County. The material removed
would be placed on his upland property.
The Department of Natural Resources biological report indicated
that the project should not have significant adverse effects on
marine life in the area.
On motion by Mr. Conner, seconded by Mr. Adams, and adopted, the
Trustees approved issuance of the permit.
LEE COUITTY - Dredge Permit, Section 253.123 Florida Statutes.
Florida Cities /Vater Company, Sarasota, Florida, applied for a
permit to dredge a trench to install a subaqueous water main in San
Carlos Bay in Section 18, Township 46 South, Range 24 East, Lee
County.
The Department of Natural Resources biological report indicated no
significant adverse effects on marine life in the area from the
proposed work.
On motion by Mr. V/illiams, seconded by Mr. Conner and adopted, the
Trustees approved issuance of the dredge permit.
MONROE COUNTY - Dredge Permit, Section 253.03 Florida Statutes.
James M. Brovm, represented by Bailey, Mooney, Post Associates, Inc.,
applied for permission to dredge a navigation channel 320 ft. long,
20 ft .wide and 5 ft. deep adjacent to his upland property in Niles
Channel in Section 29, Township 66 South, Range 29 East, Monroe
County. The material removed v;ould be placed on applicant's upland
property.
The Department of Natural Resources biological report indicated that
the proposed dredging would cause limited adverse effect on marine
life in the area.
On motion by Mr. Adams, seconded by Mr. Williams and adopted, the
Trustees approved issuance of dredge permit to improve navigation.
PINELLAS COUNTY - Dredge Permit, Section 253.123 Florida Statutes.
Thomas J. Cichowicz of Ozona, Florida, applied for permit to perform
maintenance dredging in Smiths Bayou adjacent to an existing marina
in Section 11, Tovmship 28 South, Range 15 East, Pinellas County.
The material removed would be deposited on upland.
The Department of Natural Resources biological survey indicated
that the proposed marina improvements should have no significant
adverse effects on marine life.
8-26-69
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On motion by Mr. Adams, seconded by Mr. Williams and adopted, the
Trustees approved issuance of the permit.
CHARLOTTE COUIfTY - State Commercial Dock Permit, Section 253.03,
Florida Statutes.
Bayvue, Inc., by Earl Drayton Farr, Jr., applied for permit to
construct a commercial dock on the Peace River adjacent to the
Holiday Inn in Punta Gorda in Section 6, Township 41 South, Range 23
East, Charlotte County. All required exhibits and $100 processing
fee had been furnished.
On motion by Mr. Conner, seconded by Mr. Williams and adopted, the
Trustees authorized issuance of the state dock permit.
Governor Kirk pointed out that fee schedules should be reviewed,
that supervision and on-site examinations were an expense to the
State. The Director said the staff was taking a look at the fees,
that in the area of navigation channels it appeared there should be
a charge made for permits, and the staff would make a complete
report to the Trustees on the fee schedules.
FRANKLIN COUNTY - State Commercial Dock Permit, Section 253.03,
Florida Statutes.
Bryant and Tucker Seafood, Arthur L.Tucker and Albert Bryant, Jr.,
Co-Owners, of Eastpoint, Florida, applied for a state commercial dock
permit for a structure on St. Georges Sound at Eastpoint in Section
32, Township 8 South, Range 6 West, Franklin County. All required
exhibits, including $100 processing fee, had been submitted.
On motion by Mr. Conner, seconded by Mr. Williams and adopted, the
Trustees approved issuance of the dock permit.
WALTQN COUNTY - State Commercial Dock Permit, Section 253.03,
Florida Statutes.
United States Department of the Air Force, Headquarters 3201st Air
Base Group, Eglin Air Force Base, applied for permit to construct
an additional 300 feet to its existing pier on Choctawhatchee Bay
in Section 23, Township 1 South, Range 20 West, Walton County. All
required exhibits were furnished.
Staff requested waiver of the $100 processing fee since the dock
would serve military personnel.
On motion by Mr. Conner, seconded by Mr. Adams and adopted, the
Trustees waived the fee and approved issuance of the permit.
For the reason that only four members were present, the Trustees
deferred action on the following applications on the agenda of this
date:
Leon County - Request by the City of Tallahassee for
a w'ater line easement
Seminole County - Request by the Board of Regents for
execution of deed in pursuance of an exchange agreement
DADE COUNTY - Request for Dade Deed No. 2878-EDDJ-Corrective
(Murphy Act deed)
8-26-69
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DADE COUNTY - Campsite Lease. Murl R. Magers, applicant, represented
by Kevin A. Anderson, attorney, applied for a private ccimpsite lease
covering a one-acre parcel of sovereignty land in the south shoal
area of Biscayne Bay south of Key Biscayne. On the site was a
structure conforming to the building and zoning requirements of Dade
County, and county personal property taxes had been assessed and
paid for the last three years. The structure had been in place a
number of years. Mr. Magers remitted back rental for the last three
years equal to the rental paid for other campsites in the area.
Staff recommended issuance of a one-year private campsite lease
with option to renew an additional four years, the lease to contain
a provision allowing cancellation by the Trustees following 120 days'
notice, annual rental of $100, conforming to provisions of other such
leases in the area smetimes called "Stiltsville" .
Governor Kirk commented that no additional structures of that kind
would be permitted anywhere in Florida.
On motion by Mr. Adams, seconded by Mr. Williams and adopted, the
Trustees authorized issuance of the campsite lease as recommended.
AOUACULTURE - In compliance with Chapter 69-46, Acts of 1969,
guidelines were prepared by the staff, reviewed and approved by the
Department of Natural Resources and the Florida Aquaculture Resources
Association, and consideration was deferred last week by the Trustees,
Questions had been raised regarding lease rentals, and the staff
suggested that the minimum annual rentals proposed last week be
amended, that after the first year of operations and a review of
the lessee's financial statements, the lessor should set a royalty
of a percentage of gross receipts to be paid to the state.
Mr. Adams recommended against a minimum fee schedule of rental,
pointing out that the Board desired to encourage the development of
aquaculture but had a heavy responsibility to see that just value
was received from the productivity of the submerged land and the
water column and that the people of the state should participate in
that productivity. He was in favor of the royalty idea and recom-
mended that the language in the act itself (Chapter 69-46) be used,
i.e., "A basic rental charge v;hich will be supplemented by royal-
ties after the productivity of the aquaculture enterprise has been
established. "
Royalties would be based on gross receipts and the board would
determine the basic rental at the time each lease is made.
On motion by Mr. Adams, seconded by I^lr , Williams and adopted, the
Trustees approved the guidelines with the amendments suggested
above .
DEED FORI-IS - Oil and Mineral Reservation Clause. On August 21,
1951, the Trustees authorized certain language to be used by which
oil and mineral reservations were retained in Trustees instruments
of conveyance. Although said language was not inconsistent with
Section 270.11 Florida Statutes, v;hich requires retention of oil
and mineral reservations, advice from the office of the Attorney
General indicated that it would be legally appropriate to use the
exact language contained in the statutes.
Motion was made by Mr. Adams, seconded by Mr. Williams and adopted,
8-26-69
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that the Trustees approve the change in deed forms according to the
advice from the office of the Attorney General.
TRUSTEES FUNDS - On motion by Mr. Adams, seconded by Mr. Conner and
adopted, the Trustees authorized payment of $648.12 to Professor
Dennis M. O'Connor for expenses related to research and meetings
concerning ocean boundaries and sea bed rights of the State of
Florida, which Governor Kirk said he ]>«»d .^gcthorized .
On motion duly adopted, the meet
ATTEST: >(lvUi4.^
Vecutive director
Tallahassee, Florida
September 2, 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:
Tom Adams
Earl Faircloth
Broward Williams
Floyd T. Christian
Doyle Conner
Secretary of State, Acting Chairman
Attorney General
Treasurer
Commissioner of Education
Commissioner of Agriculture
James W. Apthorp E:-:ecutive Director
On motion duly adopted, the Trustees approved minutes of the meeting
held on August 26, 1969.
LEVY COUNTY
File No. 2213-38-253.12, Land Sale; Dredge Permit,
Section 253.123; Fill Permit, Section 253.124.
In meeting on June 24, 1969, the Trustees authorized advertisement
of a parcel of sovereignty land adjacent to the Main Ship Channel
abutting Government Lot 1 in Section 32, Township 15 South, Range
13 East, 4.59 acres, more or less, in the City of Cedar Key, Levy
County, applied for by John P. A. Wilson who offered the appraised
value of $871.46 per acre, or $4,000.00 for the parcel to be used
for marina enlargement.
The conservation report was not adverse to development, the
Trustees approved the city's comprehensive bulkhead line on April
15, 1969, and no objections to the sale were received after notice
of sale was published in the Citizen, Chief land, Florida. Proof of
9-2-69
- 426 -
publication was filed in the Trustees' office.
Staff recommended confirmation of sale, issuance of dredge permit
under Section 253.123, and approval of fill permit issued by the
Cedar Key Town Council on May 13, 1969, under Section 253.124.
Motion was made by Mr. Christian, seconded by Mr. Faircloth and
adopted without objection, that the Trustees confirm sale of the
advertised parcel to the applicant at the price offered, and also
approve the dredge and fill permits for the development of the land.
PALM BEACH COUNTY - File No. 2233-50-253.12, Application for Land.
Dr. Raymond Roy, represented by Brockway, Owen and Anderson Engineers,
applied to purchase a parcel of sovereignty land embracing 0.512
acre in Lake Worth abutting Section 27, Township 43 South, Range 43
East, in the City of West Palm Beach, Palm Beach County. Applicant
offered payment at the rate of §29,675.89 per 'acre, the appraised
value for abutting land. The Director said since the appraisal made
for the abutting land was more than a year old, the staff would
obtain another appraisal while the land was being advertised for
objections.
The biological report was not adverse to sale and development,
indicating that the bottoms consisted of sand and silt and was not
vegetated, and that sale and development should not have significant
adverse effects on the marine life of the area. The application
was compatible v/ith sales of sovereignty land in the immediate area
and was within the bulkhead line confirmed by the City of West Palm
Beach .
The Palm Beach Area Planning Board had this application on the
agenda of their August 12th meeting and registered no objections.
The Interagency Advisory Committee reaffirmed the bulkhead line as
presently located in the area.
Three objections had been received by the Trustees' office.
Motion v/as made by Mr. Christian, seconded by Mr. Faircloth and
adopted, that a current appraisal be obtained and the parcel be
advertised for objections only.
MONROE COUIJTY - Stockpile and Florida Keys Junior College.
With further reference to a matter considered last on August 19, 1969,
there had been an on-site inspection of the proposed fill area for
the Florida Keys Junior College, and the existing stockpile of fill
material. In the opinion of the staff, leveling and spreading the
existing stockpile to produce usable land was infeasible. Access
to the parcel lying across the proposed navigation channel adjacent
to the college would be through private developed property.
The construction of a deep navigation channel adjacent to the college
had generated interest in establishing an operational base for
oceanographic research vessels at the college which could obtain
fill material from the proposed channel at no cost to the college.
The staff recommended first, that the stockpile be considered
separately and sold based upon the existing bid already submitted.
The Trustees nad negated the negotiation proposed on July 8 but had
not negated the bid of $0,501 per cubic yard made by Mr. William
G. Stevens. The Director recommended that the bid be accepted for
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the stockpile. Second, it was recommended that advertisement for
bids be authorized to fill the college site with material obtained
from the proposed navigation channel and third, that base considera-
tion for bids would be the total quantity of material emplaced on
the college site, with the remaining material in the channel to be
at the disposition of the successful bidder.
Dr. John S. Smith, President of Florida Keys Junior College, asked
by Mr. Christian to comment, said it was a reasonable approach to
the existing stockpile and college need of material.
Mr. Adams asked that the stockpile be sold at 50<: per cubic yard
all the v;ay to the original bottom, to the level of the surrounding
bottoms .
Motion was made by Mr. Faircloth, seconded by Mr. Williams and
adopted, that the staff recommendations as set out above be approved
as the action of the board.
OKALOOSA COUNTY - Dredge Permit, Section 253.123 Florida Statutes.
The Department of Transportation and L & A Contracting Co. applied
for permit to construct channels in East Pass in Township 2 South,
Range 23 West, Okaloosa County, adjacent to the existing Destin
Bridge. It was necessary to provide water depths sufficient to
provide flotation for barges used in construction of a new bridge
at Destin. Material removed from the channels would be placed on
Department of Transportation right of way and on private uplands.
The biological survey report from the Department of Natural
Resources indicated that the proposed channels should not cause
significant adverse effects on marine resources in the area.
On motion by I>lr. Faircloth, seconded by Mr. Williams and adopted,
the Trustees approved issuance of the permit to improve navigation,
OKALOOSA COUNTY - Dredge Permit, Section 253.123 Florida Statutes.
C. L. Kelly, doing business as Kelly Enterprises, Destin, Florida,
applied for permit to construct a commercial navigation channel 80
feet wide by 10 feet deep by 700 feet long in Joe's Bayou in Township
2 South, Range 22 West, Okaloosa County. Material removed from the
channel would be placed on applicant's upland.
The biological study report was not adverse for this project, which
is in conjunction with the replacement of the bridge crossing East
Pass channel at Destin, in the nature of a public project. Staff
recommended waiver of charge for excess material obtained from the
proposed channel.
On motion by Mr. Faircloth, seconded by Mr. Williams and adopted,
the Trustees approved the dredge permit without charge for the material
to be removed in excess of the standard size.
PALM BEACH COUNTY - Dredge Permit, Section 253.123 Florida Statutes.
Arthur Strock, on behalf of Al Harris, made application for 60 cubic
yards of material to be removed from the Intracoastal Waterway in
Section 28, Township 46 South, Range 43 East, Palm Beach County.
Applicant tendered check for $50.00 for the material to be placed
on his upland property.
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The Department of Natural Resources biological study report indicated
that the proposed dredging should have no adverse effects on marine
biological resources in the area.
Motion was made by Mr. Williams, seconded by Mr. Christian and
adopted, that the Board approve issuance of the dredge permit.
ORANGE COUNTY - Revision of Dredge Permit No. 253.03-126.
James H. Houck of Orlando, Florida, applied for a revised permit to
include the removal of an additional 20 cubic yards of fill material
from Lake Ola in Section 18, Township 20 South, Range 27 East, Orange
county, to be placed on his upland property.
Florida Game and Fresh Water Fish Commission reported favorably on
the application, and Trustees' staff recommended approval.
On motion by Mr. Williams, seconded by Mr.Faircloth and adopted, the
Trustees authorized issuance of the revised dredge permit as requested.
SANTA ROSA COUNTY - Dredge Permit, Section 253.123 Florida Statutes.
James M. Kobacker of Gulf Breeze, Florida, requested permission to
perform maintenance dredging in the existing channel in Santa Rosa
Sound in Section 35, Township 2 South, Range 29 West, in Santa Rosa
County. At the request of the staff, applicant had reduced the size
of the channel to 50 feet wide by 5 feet deep.
The Department of Natural Resources biological report indicated that
the channel as revised would not have excessive adverse effect on
marine resources of the area.
On motion by Mr. Williams, seconded by Mr. Fair cloth and adopted,
the Trustees approved issuance of the dredge permit for the channel
of reduced size.
ST. LUCIE COUNTY - Dock Permit, Section 253.03 Florida Statutes.
The Department of Transportation applied for permit to construct
public fishing piers in the Indian River adjacent to State Road A-l-A
at Fort Pierce in Sections 2 and 3, Township 35 South, Range 40
East, St. Lucie County. All required exhibits were furnished and
staff recommended waiver of the $100 processing fee.
On motion by Mr. Christian, seconded by Mr. Williams and adopted,
the Trustees authorized issuance of the dock permit to the
Department of Transportation without charge.
LEVY COUNTY - Dedication. The Department of Transportation requested
dedication of the West 66 feet of the W^s of SE^s of NW^ of Section 8,
Township 12 South, Range 17 East, Levy County, containing 2.01 acres,
for road right of way purposes.
The State Board of Education on August 26, 1969, authorized grant
of right of way across the parcel which is under the jurisdiction of
said board.
On motion by Mr. Williams, seconded by Mr. Faircloth and adopted,
the Trustees approved the dedication for road right of way.
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LEON COUI'irrY - Easement. The City of Tallahassee by Resolution No.
69-R-362 adopted on July 24, 1959, requested 20-foot wide water line
easement across the south portion of the former Federal Correctional
Institution property in Section 34, Township 1 North, Range 1 East,
Leon County, recently acquired by the Department of Agriculture.
The Department of Agriculture and Consumer Services had reviewed
and approved the easement for water line.
On motion by Mr. Faircloth, seconded by Mr. Williams and adopted,
the Trustees approved the easement as requested by the City of
Tallahassee.
SEMINOLE COUIITY - Consideration of an exchange agreement involving
Board of Regents land was removed from the agenda pending receipt
of a resolution from the City of Sanford.
SUBJECTS UI-JDER CHAPTER 18296
On motion by Mr. Williams, seconded by Mr. Faircloth and adopted,
the Trustees approved two regular bids for sales of land in Gadsden
County under the provisions of Chapter 18296, the Murphy Act,
Section 192.38 Florida Statutes, listed on Report No. 959, and
authorized execution of deeds pertaining thereto.
On motion by Mr. Williams, seconded by Mr. Faircloth and adopted,
the Trustees approved Report No. 958 and issuance of County of
Dade Deed No. 2878-EDDJ-Corrective to Julie Indelicate, a widow,
and Lillian Affronte, as Executrix of the Estate of Michael
Affronte, deceased, to correct the name of the grantee in the
original deed dated January 8, 1945.
On motion duly adopted, the meeting was adjourned.
ATTEST;
SECRETARY OF STATE - ACTING CHAIRMAN
* * *
9-2-69
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Tallahassee, Florida
September 9, 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:
Tom Adams Secretary of State, Acting Chairman
Earl Faircloth Attorney General
Fred 0. Dickinson, Jr. Comptroller
Floyd T. Christian Commissioner of Education
Doyle Conner Commissioner of Agriculture
James W. Apthorp Executive Director
On motion duly adopted, the Trustees approved minutes of the
meeting held on September 2, 1969.
BAY COUNTY - File No. 2226-03-253.03, Fill Permit, Section 253.124
Florida Statutes. The State of Florida Department of Transportation
requested approval of a fill permit to be used in construction of a
bridge across Williams Bayou in Section 6, Township 3 South, Range
13 West, Bay County. The Board of County Commissioners by resolu-
tion adopted August 26, 1969, requested issuance of fill permit.
The bulkhead line was approved June 17, 1969. Right of way was
dedicated July 1, 1969.
On motion by Mr. Christian, seconded by Mr. Faircloth and adopted,
the Trustees approved the fill permit to the Department of
Transportation.
ESCAMBIA COUIvrTY - Dredge Permit, Section 253.123 Florida Statutes,
To Improve Navigation. The United States Naval Air Station,
Pensacola, Florida, applied for a permit to perform maintenance
dredging in Sherman Cove in Section 17, Township 3 South, Range 31
West, Escambia County.
The Department of Natural Resources biological survey report
indicated that the project would adversely affect marine resources
in the area. However, Sherman Cove is a recreation area for the
Naval Air Station, and the proposed dredging would provide the
necessary access for pleasure boats. The staff recommended approval
of the application.
On motion by Mr. Faircloth, seconded by Mr. Christian and adopted,
the Trustees approved issuance of dredge permit to improve
navigation as requested.
LAKE COUITTY - Dredge Permit, Section 253.03 Florida Statutes.
H. G. Morse of Eustis, Florida, applied for permit to remove 500
cubic yards of material from Lake Eustis in Section 4, Township 19
South, Range 26 East, Lake County, to place on his upland property.
He tendered chec]: in the amount of $50 as payment for the material.
Florida Game and Fresh Water Fish Commission reported favorably on
the proposed work subject to the usual stipulations as to dredging.
9-9-69
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On motion by Mr. Christian, seconded by Mr. Faircloth and adopted,
the Trustees approved issuance of the permit.
MONROE COUNTY - Dredge Permit, Section 253.03 Florida Statutes.
Seaboard Properties, Inc., of Islamorada, Florida, applied for permit
to construct a navigation channel 50 feet wide, 5 feet deep, 1,950
feet long, in Card Sound at North Key Largo in Section 12, Township
59 South, Range 40 East, Monroe County. The material removed would
be placed on upland property.
The biological survey study from the Department of Natural Resources
indicated that dredging a channel in the area would have limited
adverse effects on marine biological resources.
Motion was made by Mr. Christian, seconded by Mr. Faircloth and
adopted, that the Trustees approve issuance of the requested dredge
permit to improve navigation.
SARASOTA COUI'JTY - Beach Nourishment. The City of Sarasota by
resolution adopted August 4, 1959, requested a 59 acre parcel and
an alternate parcel of the same size as a borrow area for beach
restoration material to be deposited on the public beach at Lido Key
in Sarasota County. it was contemplated that 425,000 cubic yards
would be deposited on the foreshore at Lido Key Beach. Borrow area
"A" lay approximately 1000 feet offshore from the public beach, and
borrow area "B" approximately 750 feet south of the southerly end
of Lido Key.
The U. S. Corps of Engineers and the Department of Natural Resources
had been notified of the project and had no objections. Staff
recommended that the easements be granted.
Motion was made by Mr. Faircloth, seconded by Mr. Christian and
adopted, that the Trustees grant dredging and fill area easements
to the City of Sarasota for the beach nourishment project.
DADE. FRANKLIN, PINELLAS AND VOLUSIA COUNTIES - State 'Dock Permits,
Section 253.03 Florida Statutes. The following applications were
presented for state commercial dock permits, for which the required
exhibits and $100 processing fee had been furnished by each
applicant:
1. Dade County - Atlantic Foundation, Inc., of North Miami Beach,
Florida, applied for permit to construct a dock in Biscayne
Bay in Township 54 South, Range 42 East.
2. Franklin County - Universal Automatic Marine Corp.,
Apalachicola, Florida, applied for permit to construct a dock
adjacent to their upland property on the Apalachicola River
in Section 21, Township 8 South, Range 8 West.
3. Pinellas County - Florida Presbyterian College, St. Petersburg,
Florida, applied for permit for the construction of a dock
in Boca Ciega Bay in Section 10, Township 32 South, Range 16
East, which had been approved by Pinellas County Water and
Navigation Control Authority subject to Trustees' approval.
4. Volusia County - Florida Methodist Children's Home, Inc.,
Enterprise, Florida, applied for permit for a dock to be
constructed on Lake Monroe in Sections 5 and 7, Township 19
South, Range 31 East.
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On motion by Mr. Conner, seconded by Mr. Christian and adopted, the
Trustees authorized issuance of state commercial dock permits to
the four above applicants.
MANATEE COUNTY - Dedication. The City of Palmetto by resolution adopted
August 4, 1969, requested that Dedication No. 23100 embracing 8.03
acres, and Dedication No. 23100-A embracing 3.81 acres, both consisting
of sovereignty lands in the Manatee River abutting Section 23, Town-
ship 34 South, Range 17 East, Manatee County, be combined and
rededicated for additional public uses.
The city requested a leasing period of thirty years, consistent with
Dedication No. 23100, and that the rededication provide for public
municipal purposes which would include parking areas, facilities for
sports programs, buildings and docks, marina and food service
facility.
Staff recommended advertisement of the rededication for objections
only, consistent v;ith Trustees' Administrative Rule No. 200-2.061.
Mr. Adams asked if provision would be made for water flov; through
the extensive solid fill, if engineering for such was feasible.
Representatives of the City of Palmetto said they had no objection
and were planning to include that in the plan.
On motion by Mr. Christian, seconded by Mr. Faircloth and adopted,
the Trustees authorized advertisement of the rededication for
objections only.
PALM BEACH COUNTY - Quitclaim Deed. Philip H. Reid, Jr., representing
Ken Murry & Sons Developers & Builders, Inc., Helen G. Smith, Ray Allen
Smith, and Gwendolyn M. Barber, applied for quitclaim deed to clear
title to a 1.7 acre parcel of reclaimed Lake Osborne bottom land
adjacent to Government Lot 5, Section 29, Township 44 South, Range
43 East, Palm Beach County.
The parcel was originally conveyed to Palm Beach County by Trustees
Deed No. 18537 with a restrictive covenant, limiting use of the parcel
to park and forest purposes only. By virtue of a quitclaim deed
dated May 14, 1943, recorded in Deed Book 664, page 487, public
records of Palm Beach county, the parcel was granted to applicants'
predecessor in title. Chapter 22423, Special Acts of 1943, validated,
ratified and confirmed the action of Palm Beach County.
On motion by Mr. Faircloth, seconded by Mr. Christian and adopted, the
Trustees authorized issuance of the requested instrument for a $200
processing fee, subject to approval of the Attorney General as to
legality.
PALM BEACH COUNTY - Waiver of Rights; Lake Wyman Park,
The City of Boca Raton by Resolution No. 7-69 adopted April 8, 1969,
requested the Trustees to consent to the city's acquisition of certain
maintenance spoil areas for recreational purposes. The spoil areas
were owned by Florida Inland Navigation District, had been declared
surplus, and the law provided that the District first must offer
such surplus land to the state, then the county, and finally to the
city for recreational purposes.
Before the District lands could be granted to the city, both state and
county were required to waive their rights. Staff recommended waiver
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and consent to the acquisition by the city for public recreation
purposes.
Secretary of State Adams requested that the land be effectively
preserved for public purposes, with no possibility of future sale
for private uses. Staff member Fred Vidzes advised the Board that
the District had adopted a resolution to prevent use of the land for
other than public purposes.
Motion was made by Mr. Faircloth, seconded by Mr. Christian and
adopted, that the Trustees waive their rights to the surplus spoil
areas and consent to the city's acquisition for piablic recreation
purposes. The staff was directed to make certain that the Florida
Inland Navigation District requirement of public purpose use of the
spoil area would be binding on the city.
POLK COUNTY - Division of Corrections Land. On June 3, 1969, the
Trustees authorized issuance of a resolution for siobmission to the
United States Department of Health, Education and Welfare in support
of application of the Division of Corrections to receive a tract of
581.16 acres of land currently being used as the Avon Park Correc-
tional Institution. The U. S. Department of H. E. W. advised the
Department of Health and Rehabilitative Services that only 142.88
acres of the subject tract qualified for transfer to the state under
rules and regulations issued by the United States.
Therefore, staff recommended that the Trustees approve a resolution
to supersede the June 3rd resolution covering the acreage which
the United States indicated would qualify for transfer.
On motion by Mr. Christian, seconded by Mr. Dickinson and adopted,
the Trustees approved issuance of a resolution covering 142.88
acres as recommended.
PUTNAM COUIjTY - Board of Regents Land. On December 17, 1968, the
Trustees authorized issuance of Dedication No. 24914 dedicating
certain right of way across land under the jurisdiction of the Board
of Regents, and entering into an agreement with the State Road
Department and Board of Regents whereby the former v/ould reimburse
the latter the amount of $9,330.00 for damages estimated to certain
improvements located on the right of way being acquired. Upon
determination that said amount v/as insufficient to cover replacement
costs of fencing, the Department of Transportation agreed to
supplement the settlement by an additional $5,370.00.
On motion by Mr. Christian, seconded by Mr. Faircloth and adopted,
the Trustees approved a new agreement superseding the original
agreement in order that the total settlement sum of $14,700.00
could be paid to the Board of Regents by the Department of
Transportation .
TRUSTEES FUITDS - The staff advised that the Trustees had $2,213,632
on deposit with the State Treasurer and outstanding commitments of
approximately $2,143,552, some of which would not be needed until
later in the year. Authority was requested to invest $1,000,000 in
six-month U. S. Treasury Bills.
On motion by Mr. Dickinson, seconded by Mr. Conner and adopted, the
Trustees authorized that $1,000,000 of Trustees' funds be invested
in six-month United States Treasury Bills.
9-9-69
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Commissioner of Education Floyd T. Christian requested that at some
appropriate time the Board discuss and consider a policy with
reference to disposition of monies to the State School Fund from
receipts on sovereignty and state-owned lands.
It was so ordered.
On motion duly adopted, the meeting was adjourned.
ATTEST: Vi<VU,|4r
iS
SECRETARY 0? STATE - ACTING CHAIRMAN
■iECUTIVE DIRECT
::t^ /
Tallahassee, Florida
September 16, 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 follov/ing members present:
Claude R. Kirk, Jr. Governor
Tom Adams Secretary of State
Earl Faircloth Attorney General
Broward Williams Treasurer
Floyd T. Christian Commissioner of Education
Doyle Conner Commissioner of Agriculture
James W. Apthorp Executive Director
On motion duly adopted, the Trustees approved minutes of the meeting
held on September 9, 1969.
SARASOTA COUNTY - Bulkhead Line, Section 253.122 Florida Statutes.
The Board of County Commissioners of Sarasota County, sitting as the
Water and Navigation control Authority, by resolution dated
January 2, 1969, located and fixed a bulkhead line in the Gulf of
Mexico in Section 11, Township 37 South, Range 17 East, Sarasota
County.
One objector appeared at the local hearing on the bulkhead line,
which was established to encompass a proposed groin installation.
Letter from the Board of Conservation dated November 27, 1968,
stated that no biological report was required since the proposed
bulkhead line was merely to facilitate groin construction on the
Gulf side of Siesta Key and no dredging and filling or purchase of
submerged land was contemplated.
Staff recommended disapproval for the reason that the Trustees had
not been approving bulkhead lines in the Gulf of Mexico, and a
9-16-69
- 435
bulkhead line was not required or needed for groin construction.
On motion by Mr. Conner, seconded by Mr .Williams and adopted, the
Trustees accepted the staff recommendation and did not approve the
proposed bulkhead line .
DUVAL COUNTY - Presented for consideration on this date were two
land sales, dredge, fill and dock permits for the Jacksonville Port
Authority. Mr. Adams expressed the opinion that the Board had gone
along in good faith with the Port Authority development, that the
future of the St. Johns River was at stake and while he was convinced
that there could be port development and a reasonably clean river,
the Trustees should see the long range plans of the Jacksonville
Port Authority. He did not suggest holding up action on the matters
on the agenda of this date, but before the Board continued to
consider piece-meal various Port Authority applications the Trustees,
their staff, and the Air and Water Pollution Control dx>uld study
the development plans.
Mr. Apthorp said the Port Authority group would have such plans
available within two weeks for examination and conferences. Mr.
William Hogan, speaking for that group, reaffirmed that they would
have the plans available in two weeks.
With that understanding, Mr. Williams made a motion that the follow-
ing five applications involving the Jacksonville Port Authority be
approved. Motion was seconded by Mr. Adams and adopted.
1. Duval county, File No. 2238-16-253.12, Confirmation of Sale.
The Jacksonville Port Authority requested a deed conveying
lands in the vicinity of Tallyrand Docks in St. Johns River
abutting Section 8, Township 2 South, Range 27 East, covering
36.57 acres in the City of Jacksonville, Duval County.
In order to obtain adequate title insurance, applicant
requested deed to clear title to the land that was a part
of land granted to the City of Jacksonville under Chapter
6416, Laws of Florida, Special Acts of 1912, and subsequently
conveyed to Jacksonville Port Authority.
The parcel had been advertised and no objections to the
conveyance were received,
2. Duval County, File No. 2239-16-253.12, Confirmation of Sale.
The United States of America, Corps of Engineers, Jacksonville
District, requested deed conveying 3.91 acres of land in the
vicinity of Tallyrand Docks in St. Johns River abutting
Section 8, Township 2 South, Range 27 East, in the City of
Jacksonville, Duval County.
In order to obtain adequate title insurance, applicant
requested deed to clear title to the land that was a part of
land granted to the City of Jacksonville under Chapter 6416,
Laws of Florida, Special Acts of 1912, and subsequently con-
veyed to the Jacksonville Port Authority. Land is now to be
conveyed to the United States.
The parcel has been advertised and no objections to the
conveyance were received.
3. Duval county. File No. 2238-16-253.124; Dredge Permit, Section
253.123, and Fill Permit, Section 253.124. Jacksonville Port
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Authority requested issuance of dredge permit and approval of
fill permit issued by the City of Jacksonville on August 20,
1969, authorizing filling in connection with rehabilitation
of Tallyrand Docks and Terminals.
in view of the public nature of the project, staff had recommended
waiver of the usual fee for the anticipated amount of one million
cubic yards of fill material to be removed from the St. Johns
River adjacent to the Terminal Channel. Staff also had recommended
issuance of dredge permit and approval of the fill permit.
A telegraphed biological report dated March 28, 1969, indicated
that marine biological resources would be unaffected by the
project.
Duval County - State Commercial Dock Permit, Section 253.03
Florida Statutes. The Jacksonville Port Authority applied for
permit to construct a commercial wharf facility at the Tallyrand
Docks and Terminal in Jacksonville in Township 2 South, Range 27
East, Duval County. All required exhibits and $100 processing
fee were furnished.
Duval County - State Commercial Dock Permit, Section 253.03
Florida Statutes. The Jacksonville Port Authority applied for
permit to construct a commercial wharf facility on Blount Island
in the Fulton Dame Point Cutoff in Section 30, Township 1 South,
Range 28 East, Duval county. All required exhibits and ?100
processing fee were furnished.
PALM BEACH COUIJTY - File No. 24981(1991-50) - 253.124 Fill Permit.
At the request of the Director, consideration of an application from
DiVosta Rentals, Inc., for approval of a fill permit was deferred.
DUVAL COUNTY - Dredge Permit, Section 253.123 Florida Statutes.
The City of Jacksonville, Department of Public Works, applied for
permission to install a submarine 16-inch water main crossing the
Ribault River adjacent to Lem Turner Road in Section 40 of the
Jonathan Watson Grant in Township 1 South, Range 26 East, Duval
County.
Staff requested waiver of the biological study as provided under
Section 253 .123 (3) (a) Florida Statutes, for the reason that the
work would serve a public need.
Motion was made by Mr. Williams, seconded by Mr. Conner and adopted,
that the Board authorize issuance of the dredge permit as requested,
DUVAL COUNTY - Dr6dge Permit, Section 253.123 Florida Statutes.
John N. Blow of Jacksonville, Florida, applied for permission to
dredge a channel 50 feet wide by 5 feet deep in front of his upland
on the St, Johns River in Section 34, Township 1 South, Range 27
East, Duval County.
The Department of Natural Resources biological report indicated
that the proposed channel would destroy valuable marine habitat but
would provide access to the applicant's upland. The staff
recommended approval of the dredge permit to improve navigation.
9-16-69
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On motion by Mr. Williams, seconded by Mr. Conner and adopted, the
Trustees authorized issuance of the requested dredge permit.
MANATEE COUNTY - Dredge Per mit, Section 253.123 Florida Statutes.
Longboat Harbour Apartments, Inc., represented by Henry P. Trawick,
Jr. applied for a permit to construct a channel 50 feet wide, 7
feet deep and 5,000 feet long adjacent to and offshore from appli-
cant's property at Longboat Key in Section 31, Township 35 South,
Range 17 East, in Manatee County. Check in the amount of $1,800
was tendered as payment for the material to be placed on upland
property.
The proposed channel had been relocated in accordance with the
recommendations of the biological survey prepared by the Department
of Natural Resources. Effects on marine resources should be minimal,
On motion by Mr. Williams, duly adopted, the Trustees authorized
issuance of the requested dredge permit.
PINELLAS COUNTY - Dredge Permit, Section 253.03 Florida Statutes.
C. I. Larson of Palm Harbor, Florida, applied for after-the-fact
dredge permit to remove material placed on state-owned lake bottoms,
and tendered check for $100 for the permit.
Applicant had pushed 320 cubic yards of material onto state-owned
bottoms in Lake Tarpon in Section 29, Township 27 South, Range 16 East,
Pinellas County. Florida Game and Fresh Water Fish Commission
reported the action, and on-site inspection was made by members of
the Commission and the Trustees' staff. The "inspection team
requested Mr. Larson to apply for after-the-fact permit to remove
the material.
On motion by Mr. Faircloth, seconded by Mr. Williams and adopted, the
Trustees authorized issuance of the requested dredge permit.
SARASOTA COUNTY - Dredge Permit, Section 253.123 Florida Statutes.
The Sarasota County Water and Navigation Control Authority issued
Permit No. 69-2-M to Hidden Harbor Association for maintenance
dredging in existing channels at Siesta Key in Little Sarasota Bay,
Sarasota County. Maximum depth in the proposed channels would be
5 feet at mean low water, and all material removed would be placed
on uplands.
The Florida Department of Natural Resources biological survey report
indicated no objection to the project as long as the dredging and
spoiling were carefully controlled to minimize siltation.
Motion was made by Mr. Williams, seconded by Mr. Faircloth and
adopted, that the Trustees authorize issuance of the requested
dredge permit for channel maintenance.
MOI<?ROE COUNTY - Dock Permit, Section 253.03 Florida Statutes.
Samuel E. Shelsky Associates, on behalf of Michael C. van Beuren,
applied for permission to construct a commercial dock in an existing
marina facility at Faro Blanco adjacent to Government Lot 2, Section
9, Township 66 South, Range 32 East, at Marathon in Monroe County.
All required exhibits, including $100 processing fee, had been
submitted.
9-16-69
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On motion by Mr. Williams, seconded by Mr. Faircloth and adopted,
the Trustees approved the application and authorized issuance of
the dock permit.
OKALOOSA COUNTY - Dock Permit, Boat Ramp, Section 253.03 F. S.
The City of Fort Walton Beach applied for permission to construct a
boat launching ramp at the foot of Walkedge Drive in Elliot Point
Subdivision in Fort Walton Beach, Okaloosa County.
Staff requested waiver of the $100 processing fee since the boat ramp
would be a public facility.
Biological survey report from the Department of Natural Resources
indicated that the project would not adversely affect marine
resources .
On motion by Mr. Williams, seconded by Mr. Faircloth and adopted,
the Trustees authorized issuance of the permit without charge.
PALI-I BEACH COUNTY - Corrective Deed. James Marvin Brown, Jr., and
wife, applied for a corrective deed to change the name of the
grantee in Trustees' Deed No. 24521(1461-50). Prior to issuance of
the deed on April 12, 1967, the grantee, Minerva G. Brown, conveyed
the uplands abutting subject sovereignty lands to the applicant.
Pursuant to law, sovereignty land can be conveyed only to the
riparian upland owner, and staff recommended issuance of corrective
deed as requested.
On motion by Mr. Conner, seconded by Mr. Faircloth and adopted, the
Trustees authorized issuance of corrective deed to James Marvin
Brown, Jr., et ux, for the usual $25 processing fee.
PALM BEACH COUNTY - FileNo. 1918-50-253.12, Refund. Staff requested
authority to refund to Cedar Lane Developers, Inc., $693.26 that
had been tendered for payment of a submerged land purchase. Appli-
cation to purchase was presented to the Trustees on October 24,
1967, but due to technical difficulties related to bulkhead line
location, the Trustees deferred action and the sale was not confirmed,
On August 5, 1969, the Trustees authorized refund of the application
fee and deactivation of the file. Subsequently, on checking the
file, it was found that the applicant had tendered payment for the
land.
Motion was made by Mr. Conner, seconded by Mr. Adams and adopted
without objection, that the Trustees authorize refund of $693.26
to Cedar Lane Developers, Inc.
SARASOTA COUNTY - Disclaimer, File No. 2246-58-253.129.
W. T. Harrison, Jr., on behalf of Ralph D. Spalding, applied for a
disclaimer covering a 0.37 acre, more or less, parcel of filled
sovereignty land in Hudson Bayou abutting Government Lot 1 in
Section 30, Township 36 South, Range 18 East, Sarasota County. All
necessary exhibits were furnished and staff recommended approval.
On motion by Mr. Faircloth, seconded by Mr. Williams and adopted,
the Trustees authorized issuance of the disclaimer for the usual
$100 processing fee.
9-16-69
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SARASOTA COUNTY - Lease Amendment, City of Sarasota;
File No. 23588 (1344-58) - 253.12.
The City of Sarasota, represented at the meeting by City Attorney
John M. Scheb, requested approval of amendment to a lease agreement
between the city and Jack Graham, Inc., a Florida corporation. The
proposed lease amendment was designed to modify provisions related
to advertising restrictions, parking, additional sanitary facilities,
operation of a first-class restaurant, and rental of office space
for professional and other business purposes.
In previous actions by the Trustees relating to dedication of the
submerged land in Sarasota Bay for a city marina and recreation
area, concern was expressed about restaurant operation in that is
was not the Board's concept of public park purposes. In 1965 the
Trustees approved an amendment to the lease agreement to allow a
food service facility including the sale of intoxicating beverages,
the tenant at that time being Marina Mar, Inc.
The staff reviewed the new amendment and was of the opinion that
rental of office space for professional use and business v/ould be
a deviation from the terms of the dedication. Staff recommended
partial approval of the city's request, withholding recommendation
as to section "c" (restaurant operations) and section "d" subsection
(vii) under Paragraph 4 of the proposed lease amendment.
Mr. Scheb reviewed provisions in the lease agreement, the failing of
the former tenant and the city's installing Jack Graham, Inc., as a
tenant of the marina complex in the restaurant facility, and the
modification requested by the City of Sarasota in the Lease Agreement,
He said the City Commission had unanimously approved the request for
amendment, that the restaurant portion was at the request of the City
Commission, and the office space rental use was put in at the
request of the tenant.
Mr. Adams noted that inclusion of "office space" would be going one
step further, that he thought uses incident to the operation of the
marina or for recreation would be fine but the board would not want
to include rental of offices for professional use and business on
land dedicated for city marina and recreation.
The Director said that the language in the former lease already
authorized uses for marine supplies, brokerage and rental of boats
and other things accessory to the marina.
Mr. Jack Graham, hotel and restaurant operator from Illinois, now
residing in Sarasota, spoke of his working with the city on the
terminology of the lease, his desire to effectively use the buildings
as allowed, and the cooperation he had received.
Motion was made by Mr. Adams, seconded by Mr. Williams and adopted,
that the Trustees approve amendment of the lease agreement as
requested by the City of Sarasota with the deletion of the proposed
provision for professional and other business office rental.
TRUSTEES FUNDS - Capitol Center Acquisition, On February 7, 1967,
the Trustees authorized expenditure of funds necessary to acquire
by condemnation a parcel of land in the Capitol Center area owned
by Woodsand Corporation, described as Lots 308, 309, 310 and 311 of
the Old Plan of the City of Tallahassee, fronting on South Bronough
Street. Condemnation proceedings were initiated by the Florida
Development Commission with trial set for October 30, 1969.
9-16-69
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In an effort to eliminate additional expenses associated with trial,
authority was requested to offer Woodsand Corporation $183,000 for
the parcel as a settlement out of court. The property was appraised
for the state in November at $182,000 and by the owner at $190,000.
Motion was made by Mr. Adams, seconded by Mr. Williams and adopted,
that a firm offer of $185,000 be made for the property with reasonable
attorney's fee for the settlement.
CLAY COUNTY - Lakes. William E. Baker, resident and lake front
property owner on Lake Geneva in Clay County, appearing for a group
composing the Lake Region Citizens Committee, presented a paper on
problems and recommendations for proper guidelines, legislation and
administration to protect the fresh water lakes and allow reasonable
use by the public. He recommended that fresh water lakes be removed
from under the law dealing with tideland waters, and complete new
law be formed for fresh water lakes of Florida.
Mr. Apthorp had met with a large group in Keystone Heights where
problems relating to fresh water lakes and enforcement of the law
were discussed. Members of the Legislature had attended and questions
and confusion resulting from recent legislation were brought up.
Senator Richard B. Stone mentioned difficulties of restrictions under
the law, rigid enforcement causing inequities, past precedents and
the body of law regarding fresh water lakes, riparian rights of
lakefront property owners, and suggested that a declaratory lawsuit
might be brought to clear up some of the problems. He agreed that the
present laws had caused confusion and additional problems to the
Cabinet and to the private owners.
Senator J. H. Williams was present by accident, not knowing the matter
was on the agenda. He was interested and wanted to find out some of
the answers to the complex problems regarding lake bottoms. He said
that we must protect our lake bottoms, and wished all laws were
enforced by such zealous activity as the Florida Game and Fresh Water
Fish agents had shown; but he indicated that riparian owners might
be allowed to clean out grass in swimming areas.
Secretary of State Adams pointed out that the problems regarding
lakes had been difficult, that the Legislature might have helped but
instead caused confusion and more questions, that the ecology should
be preserved and citizens be allowed to maximize on the benefits,
and the Board would be willing to follow any reasonable suggestions.
He suggested that the Trustees' staff, concerned citizens groups,
staff of the Department of Natural Resources and others, try to
consider a proposed legislative program that would resolve the
problems.
Motion was made by Mr. Williams, seconded by Mr. Christian and
adopted, that the Trustees receive the report from the Lake Region
Citizens Committee for consideration, that the staff after thorough
research bring recommendations to the Trustees as to what might be
accomplished, including suggested legi^^tion to correct any
inequities that exist.
On motion duly adopted, the mee
9-16-69
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ATTEST :
Tallahassee, Florida
September 23, 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:
Earl Faircloth Attorney General, Acting Chairman
Fred O. Dickinson, Jr. Comptroller
Broward Williams Treasurer
Floyd T. Christian Commissioner of Education
Doyle Conner Commissioner of Agriculture
James W. Apthorp Executive Director
On motion duly adopted, the Trustees approved minutes of the
meeting held on September 15, 1969.
MONROE COUNTY - FileNo. 2125-44-253.12, Land Sale.
On August 12 the Trustees considered application made by Bailey,
I-Iooney, Post Associates, Inc., on behalf of Howard P. Bonebrake and
wife, to purchase a 0.55 acre parcel of sovereignty land in Florida
Bay abutting Section 15, Township 64 South, Range 36 East, Lower
Matecumbe Key, Monroe County, in order to construct a small jetty
and basin for protection of upland property. Applicants offered
the appraised value of $636.36 per acre or $350.00 for the parcel,
which staff considered to be appropriate valuation.
The biological report was not adverse to sale and development, and
staff was of the opinion that sale would be consistent with previous
sales of adjacent submerged lands.
Notice of sale was published in the Key West Citizen, proof of
publication filed, and no objection to the sale was received.
On motion by Mr. Williams, seconded by Mr. Christian and adopted,
the Trustees confirmed sale of the advertised parcel at the price
offered .
MONROE COUNTY - File No. 2161-44-253.12, Land Sale.
On August 12 the Trustees considered application made by Bailey,
Mooney, Post Associates, Inc. , on behalf of James J. Bell, Sr . , and
wife, to purchase a 0.28 acre parcel of sovereignty land in the Gulf
of Mexico abutting Section 15, Township 64 South, Range 35 East,
Lower Matecumbe Key, Monroe County, for the construction of a small
jetty and basin for protection of upland property. Applicants
offered the appraised value of $714.28 per acre, or total offer of
$200.00 for the parcel, which staff considered to be appropriate
valuation.
The biological survey report was not adverse to sale and development.
9-23-69
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and staff was of the opinion that sale of the land would be
consistent with previous sale of adjacent submerged lands.
Notice of sale was published in the Key West Citizen, proof of
publication filed, and no objection to the sale was received.
On motion by Mr. Williams, seconded by Mr. Christian and adopted,
the Trustees confirmed sale of the advertised parcel at the price
offered.
DUVAL COUNTY - Bulkhead Line Review Progress Report.
Mr. Apthorp advised the Board, relative to the status of the bulkhead
lines, that the Consolidated City of Jacksonville and Duval County
had made substantial progress in reviewing all bulkhead lines.
Review of all bulkhead lines within the boundary of the old City
Limits had been completed, and areas outside the old City Limits
were being surveyed where necessary to determine the feasiblity of
adjustments recommended by the Interagency Advisory Committee Report.
Substantial progress having been made, Mr. Apthorp said it was in
order to consider the following application.
DUVAL COUNTY - File No. 2211-16-253.12, Land Application.
Georgia Industrial Realty Co., represented by Mathews, Osborne and
Ehrlich, applied for a parcel of sovereignty land in the St. Johns
River landward of the established bulkhead line containing 9.14 acres
abutting fractional Section 39, Township 2 South, Range 27 East, Duval
County, for industrial use. Applicant offered $16,050.00 for the
land, at the appraised rate of §1,756.00 per acre.
Department of Natural Resources biological survey report indicated
that sale and subsequent development of the parcel should not have
significant adverse effects on marine life. The Interagency Advisory
Committee report reaffirmed the location o f the existing bulkhead
line. The subject line had been reaffirmed by the Consolidated City
of Jacksonville.
On motion made by Mr. Williams, seconded by Mr. Christian and adopted,
the Trustees authorized advertisement of the land for objections
only.
BRO'vJARD COUNTY - Beach Restoration, Mean High Water Line.
Brov/ard County Board of County Commissioners, as the Broward County
Erosion Prevention District, adopted a resolution on May 20, 1969,
establishing the mean high water line from Northeast 5th Court,
Pompano Beach, to Washingtonia Avenue, Lauderdale-By-The-Sea. The
plats of survey of the line of mean high water were submitted along
with the request that the plats be approved by che Trustees, so
they might be recorded in the Public Records of Broward County.
Said line, when approved and recorded, would be the seaward boundary
of private ownership and could be used in the preparation of ease-
ments covering the beach restoration area seaward of the line.
The Bureau of Beaches and Shores of the Department of Natural
Resources had reviewed the matter and recommended appropriate
action. The item would appear on the agenda of the Department of
Natural Resources next week.
On motion by Mr. Williams, adopted without objection, the Trustees
approved the plats as requested, and as recommended by the staff.
9-23-69
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CITRUS COUNTY - Dredge and Fill, Beach Nourishment.
The City of Crystal River applied for permit to construct three
public beach areas in Hunters Springs at the end of three city
streets at crystal River in Section 21, Township 18 South, Range
17 East, Citrus County. The city planned to remove accumulated silt
and debris from the three street ends and refill the areas to the
original contour with clean, sharp sand, hauled in. The biological
survey report from the Department of Natural Resources indicated
that the small public project should not have significant adverse
effects on biological resources.
On motion by Mr. Christian, seconded by Mr. Williams and adopted,
the Trustees approved issuance of the permits for the work requested,
ST. LUCIE COUNTY - Dredge Permit, Submersible Dredge Test,
Section 253.123, File 335.
The St. Lucie County Beach Erosion District, care of Wood, Beard,
Bell and Associates, Inc., Consulting Engineers, Fort Pierce,
Florida, applied for perirission to conduct experimental dredging
for beach nourishment south of St. Lucie Inlet in Section 36, Town-
ship 34 South, Range 40 East, and Section 1, Township 35 South,
Range 40 East, St. Lucie County.
Temporary easement for the dredging test was requested on a parcel
of land 4,000 feet long by 500 feet wide containing approximately
46 acres, lying about 1,000 feet offshore from Section 1, Township
35 South, Range 40 East, in the Atlantic Ocean. The material
removed would be placed in a previously approved beach nourishment
program area.
The Department of Natural Resources biological report indicated
that the dredging operations would not adversely affect marine
biological resources.
On motion by Mr. Williams, seconded by Mr. Christian and adopted,
the Trustees granted approval of the dredge permit and authorized
issuance of a temporary easement for a period of three years.
I'lARTIN COUNTY - Dredge Permit, After-the-Fact .
The Department of Transportation applied for after-the-fact dredge
permit to improve navigation for the construction of the Palm City
Bridge across the St. Lucie River in Section 17, Township 38 South,
Range 41 East, Martin County. Material from the dredge operation
had been placed adjacent to the project and would be replaced in its
original position on completion of bridge construction.
Staff requested waiver of the biological survey report fee, since
the permit was after-the-fact and was needed for completion of the
bridge. Mr. Apthorp said there had been some difficulty, that
formerly the Road Department was not required to comply with the
bulkhead law requirements, but the Department of Transportation was
now attempting to comply with the provisions of Sections 253,122,
253.123 and 253.124 Florida Statutes.
Motion was made by Mr. Christian, seconded by Mr. Willicims and
adopted, that the Board approve issuance of after-the-fact dredge
permit to the Department of Transportation.
PINELLAS COUNTY - Commercial Dock Permit, Section 253.03 F. S.
The City of St. Petersburg applied for permission to construct a
9-23-69
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dock and boat ramp facility in Tampa Bay at Point Pinellas Subdivision
south of Furman Avenue in Section 18, Township 32 South, Range 17
East, Pinellas County. All required exhibits were furnished. Staff
requested waiver of the $100 processing fee for the facility to be
used by the public.
On motion by Mr. Christian, seconded by Mr. Williams and adopted, the
Trustees authorized issuance of the permit for dock and boat ramp
without charge.
ESCAMBIA COUNTY - File No. 2256-17-253.03, Easement.
The Department of the Navy, Southeast Division, Naval Facilities
Engineering Command, Charleston, South Carolina, requested easement
for sewer outfall line in Pensacola Bay extending from the Naval Air
Station at Pensacola, 20 feet wide by 2,068 feet into the Bay. A
dredging permit to install the line issued August 26, 1969. The
Department of Air and Water Pollution Control offered no objection
to the project.
On motion by Mr. Williams, seconded by Mr. Christian and adopted, the
Trustees authorized issuance of the easement.
SANTA ROSA COUNTY - Division of Forestry, Pipeline Easement.
Florida Gas Transmission Company, Winter Park, Florida, applied for
an easement 27^ feet wide containing- 7.64 acres, for the installation
of a 30-inch pipeline adjacent to an existing pipeline easement
granted in 1958, crossing a portion of the Blackwater River State
Forest in Sections 13 and 14, Township 5 North, Range 28 West, and
Section 18, Township 5 North, Range 27 West, Santa Rosa County.
Applicant offered $5,730.00 for easement rights and $2,084.00 for
timber dairtage. The Division of Forestry had reviewed and approved
the application.
On motion by Mr. Williams, seconded by Mr. Christian and adopted, the
Trustees approved issuance of the pipeline easement for $5,730.00, and
approved the offer of $2,084.00 to be remitted by the applicant to
the Division of Forestry for timber damage.
DADE COUNTY - Lease Assignment.
Staff recommended approval of assignment from Mission East Co. to
Robert W. Sudbrink of Lease No. 1627 dated September 21, 1961,
amended on February 22, 1966, covering a 7.16 acre parcel of submerged
land in Biscayne Bay on which was located a radio transmitter facility
with antenna towers .
The instrument of assignment and acceptance were approved by the
Attorney General and filed in the Land Office.
On motion by Mr. Christian, seconded by Mr. Williams and adopted,
the Trustees approved assignment of Lease No. 1627 from Mission East
Co. to Robert W. Sudbrink.
SHELL LEASE REPORTS - The Trustees accepted for the record the
reports dated June, July, August and September showing the following
remittances received by Florida Department of Natural Resources from
holders of dead shell leases:
9-23-69
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Lease No. Name of Company Amount
1718 Radcliff Materials, Inc. $ 9,242.73
11,414.01
12,239.35
7,697.34
1788 Benton and Company, Inc. 11,314.17
11,505.65
10,066.96
11,367.80
2233 Bay Dredging and Construction Co. 7,100.53
6,597.88
5,717.06
4,761.28
2235 Fort Myers Shell and Dredging Co. - 0 -
874.35
- 0 -
541.50
SARASOTA COUNTY - Deed No. 24945 (2019-58) .
On August 12, 1969, the Trustees authorized issuance of a deed with
a restrictive covenant and reverter provision conveying 0.93 acre
parcel of filled sovereignty land abutting upland of Per A. O. Scheutz,
et ux, represented by Mr. J. A. McClain, Jr. Senator McClain had
requested an opportunity to appear on behalf of his client regarding
the status of the deed.
The Director advised the Board that Senator McClain was not able to
be present, but his problem was that the deed, routinely circulated
for execution by the Trustees, was in the office of the Governor who
had some reservations about protection of the easement for an outfall
drainage ditch and/or storm sewer pipe line reserved to the Department
of Transportation, and that it had been suggested that a requirement
be put in the deed that no building be constructed on top of that
easement.
Motion was made by Mr. Christian, seconded by Mr. Williams, that the
Trustees obtain a letter from the grantee that there will be no
construction of permanent buildings over the easement. Mr. Christian
withdrew his motion when the Director read that certain easement
recorded in O. R. 686, Page 558 of the Public Records of Sarasota
County, shown to be a reservation in the Trustees' deed to Mr. Scheutz,
as Mr. Christian said the grantee was already committed to that
permanent easement.
There was further discussion, and Mr. Faircloth said he thought the
Governor's objection went beyond the easement, that the Governor had
thought the representation was made that there would be no building
on the land, and the Trustees' action had allowed a swimming pool.
The consensus was that Senator McClain be notified that the matter
would be re-agendaed for discussion as to why the deed had not been
delivered .
Mr. Apthorp said that the Southeastern Environmental Council, Inc.,
of Jacksonville, Florida, had been very concerned about aquatic
preserves and by telegram, received too late to be mentioned on the
agenda, had requested an opportunity to give the Trustees copies of
"Salt Marsh Values - Duval-Nassau County Area" by George P. Spinner
and Helen P. Bird. Mrs. Bird spoke of the importance of the coastal
v;etlands, research and proposed measures to protect estuaries, and
suggested that the Trustees begin a study to determine whether the
9-23-69
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state of Florida could reacquire submerged lands.
Attorney General Faircloth thanked Mrs. Bird for reminding the
Trustees of the necessity of continuing the policy of aquatic preserves,
Mr. Apthorp said the staff appreciated the help of this kind of group,
and they would attend the meeting on this date of the Interagency
Advisory Committee.
BISCAYNB NATIONAL M0NUI4ENT - Acquisition of Private Property.
State Treasurer Broward Williams reminded the Board that on August 12
he had asked for information on the prices being offered and paid to
private owners by the Federal Government for lands within the Biscayne
National Monument boundaries, which he had heard were less in some
cases than the owners had paid for their properties. He had under-
stood that the Corps of Engineers would make a report to the Trustees
on the matter.
Mr. Apthorp said the staff had received a letter, copies of v/hich
were furnished to the Trustees, that he had discussed the subject
further with Mr. George Fryer, Chief of the Real Estate Division of
the Jacksonville District of the U. S. Corps of Engineers, the acquisi-
tion agent, and they v/ere reluctant during the period of negotiation
to furnished details but assured him that they had signed no contract
with anyone for less than the owner had paid for the land.
Mr. Williams was still very concerned about causing the prices to go
down, felt that the private property owners were entitled to some
protection, and he wanted to know that they were being treated
right. Mr. Apthorp said the staff would check into the matter again.
On motion duly adopted, the Trustees adjourned the meeting.
ATTORNEY
ATTEST:
Tallahassee, Florida
September 30, 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.
Tom Adams
Earl Faircloth
Broward Williams
Floyd T. Christian
Governor
Secretary of State
Attorney General
Treasurer
Commissioner of Education
James W. Apthorp
Executive Director
9-30-69
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On motion duly adopted, the Trustees approved the minutes of the
meeting held on September 23, 1969.
LEE COUNTY - File No. 2194-36-253.12, Application to Advertise.
The Captiva Islands Co., represented by Emmet B. Anderson, applied
to purchase 4.0 acres of sovereignty lands of Pine Island Sound and
Chadwick Bay lying landward of established bulkhead line in Sections
22 and 23, Township 45 South, Range 21 East, Captiva Island, Lee
County, for the purpose of real estate development. An M. A. I.
appraiser had reported a value of $250 per acre, but the applicant
offered $1,000 per acre for the land.
The biological report was not adverse, stating that "This is an
excellent bulkhead line and development proposal, and demonstrates
that with cooperation and understanding, the best interests of
conservation and development may be served." On May 16, 1959, the
Trustees approved the bulkhead line which follows the mean high water
line very closely. The county had reviewed the bulkhead lines in
this area, and staff placed the application on the agenda under
hardship policies and at the request of the Commissioner of Education,
Motion was made by Mr. Adams, seconded by Mr. Christian and adopted
without objection, that the land be advertised for objections only.
COLLIER COUNTY - File No. 2154-11-253.12, Advertisement, Land
Exchange, Purchase, Clearing Title.
collier-Read Company, represented by Paul T. O'Hargan of Tri-County
Engineering, made a proposal involving all those submerged and
sovereignty lands lying within Development Tracts A, B, C, D and E,
according to the Collier-Read Tract Map, Plat Book 8, Pages 46 and
47, public records of Collier County, in Township 51 South, Range 26
East, Collier County. Collier-Read proposed to convey 500 acres to
the Trustees and together with the Trustees, 337.44 acres to The
Nature Conservancy. The applicant desired to obtain title to 167.85
acres of Trustees' land within the established bulkhead line,
proposed to dedicate 320.55 acres to Collier County for public
waters, and would convey an additional 57.14 acres to The Nature
Conservancy. An appraisal had been ordered of the 167.85 acres to
which the applicant desired to obtain title for real estate develop-
ment.
The biological report was adverse, but stated that "This bulkhead
line represents a compromise between maximum development and no
disturbance of the subject area... there has been a deliberate effort
on the part of the applicant .. .to protect certain productive areas
from dredging and filling."
The staff recommended the following:
1. Collier-Read to convey record title to non-existent lands bayward
of established bulkhead line in exchange for non-existent water
areas landward of said bulkhead line, between U. S. meander lines.
Difference in acreage is not to be considered.
2. Collier-Read to convey to Trustees and Trustees to dedicate
conservation areas as indicated on Tract Map to The Nature
Conservancy. The dedication to be authorized on the date of
confirmation of sale to Collier-Read.
3. The Trustees will waive fees for fill material to be removed
from channels in those areas lying inside the U. S. meander line.
4. All fill materials obtained from channels outside the U. S.
meander line will be subject to the usual 10<: per cubic yard
9-30-69
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charge. The applicant's engineer to furnish certificate as to
estimated quantities of material at time application is submitted
for dredge permit.
5. The Trustees to convey to the Collier-Read Company 167.31 acres
of submerged and sovereignty land at the rate of $125 per acre or
at the appraised value, whichever is the greater.
5. Recommend advertisement for objections only.
The Director said that since the Board approved the bulkhead line
last spring, the staff had held a number of conferences with appli-
cant's representatives, that the proposals recommended would implement
what was worked out and represented the details of what had been
agreed, that the land was a small strip around the bulkhead line.
Mr. Adams and other members asked some questions which the Director
answered.
Motion was made by Mr. Christian, seconded by Mr. Adams and a<f opted,
that the staff recommendations be approved as the action of the
Board.
CLAY COUNTY - File No. 1809-10-253.12, Denial of Sale.
On May 10, 1965, the Trustees deferred final action on application
of James E. Yonge after advertisement for objections of a parcel of
sovereignty land in Doctors Lake abutting Section 41, Township 4
South, Range 25 East, in the Town of Orange Park in Clay County.
Numerous objections had been received and the Trustees directed that
there be further investigation. No sales of submerged land had been
made in the area.
The biological survey report submitted in connection with establish-
ment of the bulkhead line was not adverse. The Interagency Advisory
Committee report recommended that the bulkhead line be relocated at
the line of mean high water.
Staff recommended denial of sale and deactivation of the file based
on the bulkhead line relocation recommendation of the Interagency
Advisory Committee, the precedent of the first sale in the area, and
nvunber of objections filed.
On motion by Mr. Williams, seconded by Mr. Adams and adopted,
the Trustees denied the sale and ordered deactivation of the file.
DADE COUNTY - Temporary Easement.
The Dade County Board of County Commissioners by Resolution No.
R-485-69 requested a temporary pipe line easement for a period not
to exceed ten years, in connection with the Beach Erosion Control
Project at Virginia Key, the easement to be issued to the U. S. Corps
of Engineers.
On motion by Mr. Adams, seconded by Mr. Williams and adopted, the
Trustees granted the temporary easement as requested.
DUVAL COUNTY - Easement, File No. 2258-15-253.03.
The U. S. Department of the Navy requested two sewer outfall line
easements in the St. Johns River extending from the Naval Air Station,
Jacksonville, 10 feet wide by 568 feet into the river. The Depart-
ment of Air and Water Pollution Control had reviewed the project and
offered no objections. Staff requested waiver of requirement for
biological report, and authority to issue the instrument.
9-30-69
- 449 -
Secretary of State Tom Adams called attention to discussion of
Duval County items two weeks ago for the Jacksonville Port Authority,
corrected statements which had reported that members of the Board
said the Port Authority was making a cesspool of the St. Johns River,
and said the Board was going to try to revitalize the river. They
had requested a look at the long-range plans of the Port Authority,
which Mr. Apthorp said would be presented at the next meeting, after
previous discussion v/ith the members' staff assistants.
On motion by Mr. Williams, seconded by Mr. Christian and adopted,
the Trustees authorized issuance of the easement to the Department
of the Navy.
LEON COUNTY - Easement for Right of Way.
The State of Florida Department of Transportation requested easement
for right of way over bottoms of the Ochlockonee River in Lot 3,
Section 23, Township 1 North, Range 2 West, 0.59 acres, more or less,
in Leon County, needed for construction of additional two-lane
bridge across the river on State Road 10, Section 55060-2511, Parcel
No. 110.1. There would be no dredging or filling in the easement
area.
Motion was made by Mr. Christian, seconded by Mr. Adams and adopted,
that right of way easement be granted to the Department of Transporta-
tion.
DADE COUNTY - Lease-Option to Purchase.
On December 21, 1961, the Trustees and State Board of Education
entered into 10-year lease with option to purchase (No. 1640-1540-S)
with Aerojet-General Corporation covering a tract of 25,313 acres in
the southwest part of Dade County. The lease had been advertised
for competitive bids for annual rental and price per acre in event
of exercise of purchase option. Aerojet had bid $2.50 per acre
annual rental with privilege to purchase the land at any time during
lease term for $50.00 per acre, either by purchase contract with 20%
down and balance in 10 equal annual installments at 5% per annum
interest on unpaid balance, or by paying cash and receiving fee
simple deed. The lease was made subject to cancellation in the event
of no construction of a manufacturing plant and associated facilities
on the leased land or land leased or controlled contiguous within one
year. The lease prohibited Aerojet from using the leased land for
purposes of land speculation for a period of 10 years from date of
lease.
Aerojet-General Corporation had complied with the terms and conditions
of the lease, and desired to exercise its option to purchase all of
the leased land under purchase contract after payment of 20% of the
total price of $1,255,650.00, less unearned rent. Staff recommended
issuance of purchase contract subject to approval of the Attorney
General as to form and legality. The Director said the recommendation
was based on the terms of the original transaction, but indicated
feeling that current land values might be greater.
Mr. Williams asked for deferral for a week for study by the Attorney
General. Mr. Christian said he also had some reservations but it
appeared that the Board was obligated under terms of the lease. Mr.
Adams agreed to a week's delay but said he had studied the matter and
the $50 per acre figure was absurd, that where a mistake had been
made eight years ago the Board, now composed of seven members, should
correct it.
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Mr. Faircloth asked for further time to review the lease to determine
if there was any way to break it, as he too thought the price was
inadequate .
The motion by Mr. Williams to refer the matter to the Attorney General
for study was adopted without objection.
PALI.l BEACH COUNTY - File 24981(1991-50) - 253.124, Fill Permit.
DiVosta Rentals, Inc., represented by Brockway, Owen and Anderson
Engineers, inc., applied for approval of a fill permit issued by the
City Commission of West Palm Beach on September 2, 1969. Fill material
v/ould be hauled in, v;ith no dredging in Lake Worth.
The biological report dated March 19, 1969, submitted in connection
v/ith the purchase application, was not adverse to development. The
Trustees confirmed sale of the parcel on May 13, 1969. The Area
Planning Board of Palm Beach County registered no objections. The
Trustees' staff recommended approval of the fill permit.
Several objections were received related to the local zoning, the
objectors anticipating construction of high-rise apartments on the
site. The Director said this was under the jurisdiction of the local
government.
Mr. Herbert Benn, speaking as a citizen of Palm Beach County, and for
other objectors, pointed out the possibility that apartment construc-
tion on the application site and adjoining parcels would damage the
view. He urged denial of the fill permit and denial of a purchase
application for Dr. Roy scheduled for consideration later. He asked
the Trustees to require that no building be constructed in order to
preserve the view. Action in 1924 of allowing riparian owners to
retain a small strip on the lake when Flagler Drive was widened was
tragic, he thought, if it resulted in those owners cf one foot strips
being allowed to purchase and fill out into the lake, speaking of the
length of shoreline along Flagler Drive. He exhibited a map of the
area.
r-lr. Bob Brockway, speaking on behalf of the applicant, called
attention to the irregular shoreline at this point, indentations
causing collection of debris, the application having been approved
by the city with no adverse reports from the Board of Conservation
biologist or the Area Planning Board, the recent date of the sale
made by the Trustees. He said that building restrictions were
controlled by the local governing body which had zoned the area R5
over a year ago, and that appraisal and sale were based on that type
of zoning. He denied Mr. Benn's implications of responsibility of his
engineering firm and said these things were the official position of
the City of West Palm Beach.
The Trustees asked a number of questions, and Mr. Benn further
stated that he was making the point that it was a matter of the
public interest to preserve the view, and suggested that the state
might proceed to condemn that one-foot strip along Flagler Drive to
protect that view for miles along the lake.
At the suggestion of the applicant's representative, motion was made
by Mr. Williams and adopted that the Trustees postpone action pending
further consideration of the questions raised on this date.
BREVARD COUNTY - Dredge Permit, Section 253.123 Florida Statutes.
Frank C. Youles, Jr., applied for permission to perform maintenance
dredging in an existing yacht basin in the Indian River in Section
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2, Township 28 South, Range 37 East, Brevard County. The material
removed would be placed on upland property.
The Department of Natural Resources indicated that the proposed
project should not have significant adverse effects on marine
resources .
On motion by Mr. Christian, seconded by Mr. Williams and adopted, the
Trustees authorized issuance of dredge permit for the improvement of
navigation.
DUVAL COUNTY - Dredge Permit, Section 253.123 Florida Statutes.
The United States Department of the Navy, Southeast Division, Naval
Facilities Engineering Command at Charleston, South Carolina, applied
for permission to dredge to install a sewer outfall in the St. Johns
River in Section 39, Township 3 South, Range 26 East, Duval County.
Staff was advised by Florida Air and Water Pollution Control Depart-
ment that they concur with the Bureau of Sanitary Engineering,
Department of Health and Rehabilitative Services, which agency had
no objections to the project.
Request was made that the biological report be waived as provided in
Chapter 253 . 123 {3)(a) Florida Statutes, as the project would serve the
public need.
On motion by Mr. Christian, seconded by Mr. Adams and adopted, the
Trustees authorized issuance of the dredge permit.
MARTIN COUNTY - Dredge Permit, Section 253.123 Florida Statutes.
St. Lucie Marine, Inc., by its president, Richard B. Dunning, applied
for permit for dredging a navigation channel 50 feet wide by 5 feet
deep adjacent to applicant's property on the St. Lucie River in Section
32, Township 37 South, Range 41 East, Martin County. The material
removed would be placed on upland property.
The Department of Natural Resources biological report indicated that
there should be no significant adverse effects on marine biological
resources .
On motion by Mr. Faircloth, seconded by Mr. Williams and adopted,
the Trustees approved issuance of the dredge permit.
MONROE COUNTY - Dredge Permit, Section 253.03 Florida Statutes.
The United States Department of the Navy, Southeast Division, Naval
Facilities Command, applied for permit for installation of a sewer
outfall in the Gulf of Mexico in Section 21, Township 67 South, Range
26 East, Monroe County.
Florida Air and Water Pollution Control Department advised that
approval by that agency was not required because the existing outfall
line would be used. Staff requested waiver of requirement of biological
report as provided in Chapter 253 .123 (3) (a) Florida Statutes, as the
public need would be served.
On motion by Mr. Christian, seconded by Mr. Williams and adopted,
the Trustees approved issuance of the dredge permit.
MONROE COUNTY - At the request of the Department of Natural Resources,
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the Director asked for deferment of consideration of an application
from Captain Floyd Davis for a dredge permit for construction of
a boat basin and a navigation channel.
It was so ordered.
MONROE COUNTY - Dredge Permit, Section 253.03 Florida Statutes.
William Kemp applied for permission for a navigation channel 40 feet
wide by 5 feet deep in Hawk Channel adjacent to his upland property
in Section 12, Township 62 South, Range 38 East, Monroe County. He
tendered check for $130.00 for the material which would be used to
fill lov/ areas in his upland.
The Department of Natural Resources biological report indicated that
the channel would have limited adverse effects on marine life, that
future development in the immediate area should make use of perimeter
channels and use the subject channel as an outlet to deep v/ater .
On motion by Mr. Christian, seconded by Mr. Adams and adopted, the
Trustees approved issuance of the requested dredge permit.
VOLUSIA COUNTY - Dredge Permit, Section 253.123 Florida Statutes.
Gregg, Gibson and Gregg, Inc., applied for permission to dredge a
canal 100 feet wide by 12 feet deep in Section 37, Township 18 South,
Range 34 East, Volusia County. An over-size canal was needed by the
applicant, who offered $1,800.00 for the fill material from the
overdredge .
The Department of Natural Resources biological survey report
indicated that the proposed project would have adverse effects on
marine life but that there appeared to be no alternative to the
alignment designated.
On motion by Mr. Adams, seconded by Mr. Faircloth and adopted, the
Trustees approved the dredge permit subject to payment of $1,800.00
for the material.
CHARLOTTE COUNTY - State Dock Permit, Section 253.03 Florida Statutes
Chucks Marina, Inc., by its president, Philip L. Chamberlain,
requested permit for seven boat slips adjacent to his upland on
Rockey Creek in Sections 7 and 8, Township 41 South, Range 20 East,
Charlotte County. All required exhibits including $100 processing
fee for the proposed construction were furnished, and staff
recommended approval.
On motion by Mr. Christian, seconded by Mr. Williams, and adopted,
the Trustees approved issuance of the commercial dock permit.
DUVAL COUNTY - State Dock Permit, Section 253.03 Florida Statutes.
The City of Jacksonville, by James S.English, Director of Public
Works, applied for permit for the construction of three floating
docks at existing Mayport Boat Launching Ramp in St. Johns River in
Section 38 of the Andrew Dewees Grant, Township 1 South, Range 29
East, Duval County. Staff requested waiver of $100.00 processing fee
since the docks were for a public facility.
On motion by Mr. Williams, seconded by Mr. Christian and adopted,
the Trustees approved issuance of the dock permit without charge.
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HILLSBOROUGH COUNTY - State Dock Permit, Section 253.03 Florida
Statutes .
James L. Martin applied for an after-the-fact permit for construction
of a commercial dock adjoining his upland on the Alafia River in
Section 24, Township 30 South, Range 19 East, Hillsborough County.
All required exhibits were furnished, including the $100.00 processing
fee.
On motion by Mr. Williams, seconded by Mr. Christian and adopted,
the Trustees authorized issuance of the commercial dock permit.
SARASOTA COUNTY - Deed llo. 24945(2019-58)
Without objection, the Trustees accepted the language developed by
the staff and approved by the Governor's office, the Department of
Transportation and by Senator J. A. McClain, Jr., as the restrictive
covenant and reverter provision in the deed conveying 0.93 acre of
filled sovereignty land to Per A. O. Scheutz, et ux.
The additional language set out in memorandum to each member and
included in Deed No. 24945(2019-58) was as follows: " . . .hov;ever, such
construction shall not encroach or have any adverse effect upon
aforesaid drainage easement encumbering the hereinbefore described
parcel nor prevent access for purposes of repair or maintenance of the
drainage outfall system;", and the Trustees present executed the new
deed.
LITIGATION - The Trustees were named parties defendant in litigation
styled Cecil Varnes vs. Claude R. Kirk, Jr., et als. Case No. 69-988,
Second Judicial Circuit, Leon County, regarding lease of certain
oyster beds in the Apalachicola Bay in Franklin County. The Attorney
General's office requested advice as to whether or not the Board
desired to be defended by the Attorney General.
On motion by Mr . Christian, seconded by Mr. Williams and adopted, the
Trustees requested the Attorney General to defend the Board in the
case.
LITIGATION - The Trustees took no action with respect to the
employment of outside counsel in pending litigation with Coastal
Petroleum Company. Time was short on this very important case and
Governor Kirk said he thought the Board should have the Attorney
General handle the matter. Mr. Faircloth said that pre-trial con-
ferences were scheduled for October 13 with trial set for October 20,
and that his office would stay on the case.
On motion by Mr. Williams, it was so
On motion duly adopted, the meetin
ATTEST :
/ixECUTIVE DIR/cTOR
9-30-69
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Tallahassee, Florida
October 7, 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 0. Dickinson, Jr. Comptroller
Broward Williams Treasurer
Floyd T. Christian Commissioner of Education
Doyle Conner Commissioner of Agriculture
Jim Apthorp Executive Director
On motion duly adopted, the Trustees approved the minutes of the
meeting held on September 30, 1969.
COLLIER COUNTY - City of Naples Bulkhead Line Review and Progress
Report.
The City of Naples in Collier County had responded to the request of
Trustees' Director regarding review of bulkhead line relocations in
accordance with the recommendations of the Interagency Advisory
Committee. The city was of the opinion that (1) where development
was complete, no action for relocation was required; (2) as to the
remainder of the lines located within the city, all except three
instances conformed to the Interagency Advisory Committee recommenda-
tions; (3) due to the salinity line study being undertaken jointly
by the county and city, those areas that conflict with the report
should not be acted upon at this time.
Mr. Apthorp said the city action constituted satisfactory progress
and the studies would lead to relocation of bulkhead lines.
The Trustees accepted the report.
INDIAN RIVER COUNTY - Town of Indian River Shores,
Bulkhead Line Review and Progress Report.
The Town of Indian River Shores, by letter dated July 9, 1969, from
the City Attorney, notified the Trustees* office that their bulkhead
line review had been completed in accordance with the request of
June 2, 1969, pursuant to Trustees' directive. Except for an area
southeast of Sister Island, the Town of Indian River Shores reaffirmed
all lines as located. The established bulkhead lines coincide with
boundary lines of Trustees' conveyances of sovereignty lands.
The staff was of the opinion that the action taken by the To\m was
consistent with Section 1 of the Trustees' policy adopted July 1,
1969.
On motion by Mr. Christian, seconded by Mr. Faircloth and adopted,
the Trustees accepted the report.
INDIAN RIVER COUNTY - File No. 23555 (1074-31) -253 . 124, Fill Permit;
Dredge Permit, Section 253.123 F. S.
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Lost Tree Village Corporation, represented by Sherman N. Smith, Jr.,
requested approval of a fill permit issued by the Town of Indian
River Shores by resolution adopted October 2, 1959, and requested
issuance of dredge permit to excavate 60,000 cubic yards of material
from sovereignty lands. Applicant agreed to pay the usual rate of
10<: per ciibic yard for material. The major portion of the dredge area
would be within the applicant's ownership, v/hich was conveyed by the
Trustees on December 3, 1953. All material v/ould be deposited on
land above mean high tide line. Staff recommended approval.
The biological report received on September 25, 1959, was generally
adverse, however the project had been modified in an atteitpt to
preserve the 300-ft. v;ide by iH mile long strip originally
designated as a dredging area.
On motion by Mr. Christian, seconded by Mr. Williams and adopted, the
Trustees approved the fill permit issued by the Town of Indian River
Shores and authorized issuance of dredge permit as requested.
DADE COUNTY - Dredc,G Permit, Section 253.123 Florida Statutes.
Florida Power and Light Company of Miami, Florida, applied for permit
for installation of a submarine cable crossing the Intracoastal
Waterway adjacent to and south of the Sunny Isles Boulevard Bridge
(State Road 826) in Section 14, Township 52 South, Range 42 East,
Dade County.
The biological survey report from the Department of Natural Resources
indicated that the proposed project would not adversely affect marine
biological resources.
On motion by Mr. Christian, seconded by Mr. Williams and adopted, the
Trustees authorized issuance of the requested dredge permit.
HILLSBOROUGH COUNTY - Dredge Permit, Section 253.123 Florida Statutes,
Florida Storage and Pipeline Corporation, Tampa, Florida, applied
for permit for the installation of a sub-aqueous oil line in Hills-
borough Bay in Township 30 South, Range 19 East, Hillsborough County.
The Department of Natural Resources biological survey report
indicated that the proposed project should not significantly affect
marine life in the area. The Department of Air and Water Pollution
Control had no objections to the installation.
On motion by Mr. Adams, seconded by Mr. Faircloth and adopted, the
Trustees authorized issuance of the requested dredge permit.
MONROE COUNTY - Dredge Permit, Section 253.03 Florida Statutes.
The staff recommended approval of a partial after-the-fact dredge
permit to George R. Dennis, represented by Bailey, Mooney, Post
Associates, Inc., to complete the construction of a boat basin and
breakwater in the Atlantic Ocean at Lower Matecumbe Key in Section
21, Township 54 South, Range 36 East, Monroe County. Construction
was to be entirely within the boundaries of submerged land acquired
by the applicant under Trustees' Deed No. 21887 dated September 5,
1958.
The applicant started work about the first of January and was stopped
by the Board of Conservation. The biological study report showed
that on the day of inspection construction had progressed to the
point that it was impossible to evaluate, but that completion of the
project would not increase adverse effects which might have occurred.
10-7-69
- 456 -
Mr. Adams asked why the staff recommended no penalty assessment. The
Director explained that under the Guidelines adopted by the Trustees
allowing penalty assessment, such penalty to be retroactive as allowed
by law, as interpreted by the office of the Attorney General on
request of the staff it did not appear that a penalty could be assessed,
For any work that was done after the adoption of the Guidelines, the
staff would recommend penalties. It was noted that the work was done
over privately owned land and the biologist reported that completion
of the work would not increase any damage that might have been done.
On motion by Mr. Faircloth, seconded by Mr. Christian and adopted,
the Trustees authorized issuance of the permit recommended by the
staff.
MONROE COUNTY - Dredge Permit, Section 253.03 Florida Statutes.
Robert R. Soellner, represented by James T. Glass of Bailey, Mooney,
Post Associates, Inc., applied for permit to construct a navigation
channel 50 ft. wide by 5 ft. deep across applicant's ownership to
connect an existing boat basin constructed on applicant's upland
property with the Bay of Florida in Section 6, Township 62 South, Range
38 East, Monroe County. The material removed would be placed on
applicant's upland.
The biological study report from the Department of Natural Resources
indicated that less damage to marine resources would occur if the
channel v/ere reduced in width to 25 or 30 feet, however staff
recommended approval of the width requested by the applicant since
it was needed to provide safe navigation due to the coral bottom in
the area.
On motion by Mr. Christian, seconded by Mr. Faircloth and adopted,
the Trustees approved issuance of dredge permit as recommended.
DADE COULITY - Dock Permit, Section 253.03 Florida Statutes.
John A. Tripp, Secretary of Fairview of Florida, Inc., applied for a
state commercial dock permit for construction of a pier in Biscayne
Bay adjacent to Lots 1 and 2, Block 3, Fairviev;, plat Book 4, Page
176, public records of Dade County. All required exhibits including
$100.00 processing fee v;ere furnished and the staff recommended
approval .
On motion by Mr . Dickinson, secorided by Mi". ?.clams and adopted, the
Trustees authorized issuance of the state dock permit.
CLAY COUNTY - Dock Permit, Section 253.03 Florida Statutes.
C. J. Massee, for Villas Continental at Orange Park, Florida, applied
for state commercial dock permit for a dock on the west wide of the
St. Johns River adjacent to Section 41 of the Z. Kingsley Grant in
Tov/nship 4 South, Range 26 East, Clay County. All required exhibits
including $100 processing fee were furnished and the staff recommended
approval.
On motion by Mr. Faircloth, seconded by Mr . Adams and adopted, the
Trustees authorized issuance of the state dock permit.
PINELLAS COUNTY - DocJ: Permits, Section 253.03 Florida Statutes.
The Pinellas County Water and Navigatix n Control Authority issued
the following commercial dock permits subject to approval by the
Trustees:
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1. Frank Ferrari, Treasure Island, Florida, to construct a dock
in Boca Ciega Bay in Section 23, Township 31 South, Range
15 East
2. St. Petersburg Yacht Club, Inc., St. Petersburg, Florida,
to construct a dock in Tampa Bay in Section 19, Township
31 South, Range 17 East
3. Paul Piedmont, Treasure Island, Florida, to construct a dock
in Boca Ciega Bay in Section 23, Township 31 South, Range
15 East
4. Walter Reagan, Clearwater Beach, Florida, to construct a dock
in Clearwater Pass in Section 8, Township 29 South, Range
15 East
5. Regency West Apartments, Inc., St. Petersburg Beach, Florida,
to construct a dock in Boca Ciega Bay between 55th Avenue
and 59th Avenue on St. Petersburg Beach adjacent to Tract 8
of Normandy, Inc., in Township 31 South, Range 16 East.
All required exhibits including $100.00 processing fee for state
commercial dock permit were submitted for each application.
Motion was made by Mr. Christian, seconded by Mr. Faircloth and
adopted, that the Trustees authorize issuance of the five state dock
permits.
WEST FLORIDA COUNTIES - Hurricane Camille Damage.
Riparian properties along the coast of the Gulf of Mexico, bays and
bayous of West Florida Counties experienced severe damage as a direct
result of Hurricane Camille. In some instances terraced and land-
scaped lawns were undermined and washed away, and in other areas
damage was reportedly so extensive that the foundations of houses
were in danger of collapsing.
Staff requested permission to administratively authorize installa-
tion of protection devices in and restoration of these critical
areas after, but only after, an on-site inspection and investigation
revealed that the damage was a direct result of Hurricane Camille.
The inspection team would consist of Board of Trustees and Department
of Natural Resources personnel.
Mr. Apthorp said this action would be temporary and the staff would
report any authorization given, that there were areas of great
erosion and damage and instead of the lengthy procedure involving
engineering and biological reports in preparation of applications,
the staff would like to authorize temporary protection devices.
Mr. Christian said it was a very good idea and a good way to attack
the problem. On motion by Mr. Williams, seconded by Mr. Faircloth
and adopted, the Trustees approved the staff request.
BRO'i-^RD COUNTY - Hallandale Beach Restoration Project,
Exchange of Instruments.
Mr. S. Lee Crouch, on behalf of the following two applicants:
(1) The Hemispheres Development Corporation, record owner of the
South 650 feet of the North 2,350 feet of Tract 2, less the Westerly
17 feet thereof, 2nd Amended Plat of Seminole Beach, Plat Book 15,
Page 19, public records of Broward County, Florida; (2) Jack Parker
Construction of Florida Corp. No. 2, record owner of the South 300
feet of the North 2,750 feet of Tract 2 less the Westerly 17 feet
thereof, 2nd Amended Plat of Seminole Beach, Plat Book 15, Page 19,
public records of Brov.'ard County, Florida; requested ex parte
disclaimers for lands lying landward of the established bulkhead
10-7-69
- 458 -
line approved March 13, 1969, in connection with the Hallandale beach
restoration project.
Each applicant had executed a quitclaim deed in favor of the Trustees
to the lands lying oceanward of the bulkhead line, and had granted
to the City of Hallandale an access easement to the beach. Staff
recommended issuance of ex parte disclaimers subject to approval of
all instruments by the Attorney General.
The Bureau of Beaches and Shores, Department of Natural Resources,
offered no objection to the exchange of instruments.
Motion was made by Mr. Williams, seconded by Mr. Faircloth and
adopted, that the Trustees authorize issuance of ex parte disclaimers
to The Hemispheres Development Corporation and to Jack Parker Construc-
tion of Florida Corp. No. 2, subject to approval of all instruments
by the Attorney General.
PALJ4 BEACH COUNTY - File No. 2192-50-253.129.
First National Bank and Trust Company of Boca Raton, Trustee,
represented by Brockway, Owen & Anderson Engineers, Inc., requested
a disclaimer for filled sovereignty lands in Lake Worth abutting the
North 150 feet of the South 1000 feet of the North 3,500 feet of
Section 23, Township 44 South, Range 43 East, containing 0.392 acre
in Palm Beach County filled prior to June 11, 1957, the effective
date of the Bulkhead Act. All necessary exhibits had been furnished.
On motion by Mr. Christian, seconded by Mr. Williams and adopted,
the Trustees authorized issuance of disclaimer under provisions of
Section 253.129 for the usual $100.00 processing fee.
BAY COUNTY - Aquaculture Lease.
Marifarras, Incorporated, of Panama City, Florida, formerly Akima
International, inc., filed an application pursuant to law for a
commercial aquaculture lease covering 2,500 acres of submerged land
in West Bay, Bay County, for the purpose of raising shrimp. Appli-
cant was proceeding to have the area surveyed for a legal description,
and had submitted $1,500.00 to be retained until such survey v:as
completed. The Department of Natural Resources was in the process
of making appropriate marine biological surveys of the area, as
required by law.
Staff requested authority to advertise the 2,500 acres for bids and
request objections pursuant to law and guidelines established by the
Trustees on August 26, 1969, on the following: (1) Term: 10-year
lease subject to renev/al for additional 10-year periods upon agree-
ment of both parties; (2) Rental: Bidding consideration will be the
highest annual rental offered with minimum rent as follows: First
Ih years, $3.00 per acre; 1^2 through 5 years, $5.00 per acre; 6 through
10 years, $10.00 per acre; (3) Royalty: to be determined after first
Ih years' operation under lease as set forth in guidelines.
Motion made by Mr. Faircloth, seconded by Mr. Williams, that the
staff be authorized to advertise as suggested above, was not adopted
at this time as considerable discussion followed and another motion
was made hereafter.
Mr. Adams said the efforts in this area held much promise for the
state, that he was aware there had been much careful review of
criteria under the law. Chapter 69-46, Acts of 1969, and the Guide-
lines adopted by the Trustees, but he pointed out that if all went
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well sizable sums of money might be made using the state's sovereignty
land and he thought IH years might be too short a time to assess the
production on which royalty would be based, and he wanted the state
to get its fair share.
Representative John R, Middlemas asked questions to clear up some
procedural things, he said. Particularly he wanted to know whether
the Trustees were committing themselves to leasing to the highest
bidder, whether there would be a hearing, and he thought minimum
bids should not be shown in the notice.
The Trustees had already decided on rent plus a royalty and while
aquaculture (mariculture) was a new field, information indicated
that it would take 6 months to prepare a site and 6 more months to
get into production. It appeared that in Ih years there would be
full production and financial reports which the lessee was required
to furnish woufd be used to figure the amount of royalty the state
would receive.
The staff was requesting authority to advertise for objections and
bids. It was noted that there was only one party qualified to bid,
having the consent of the upland owner, that if objections were
received there would be a public hearing as provided in the law, that
the staff had made reasonable assumptions as to what the minimum
rental value should be, that the Trustees reserved the right to
reject the bids. The Director said that Chapter 69-46 passed by the
Legislature authorized this kind of activity and the staff proposal
complied with the law in every respect.
Mr. Adams explained that while the Board was only allowing adver-
tisement and was not irrevocably committed to sale of a lease, it
was the first step and indicated that an application from a
qualified bidder offering the minimum or more would be considered
for issuance of a lease. Mr. Dickinson added that if Mr. Middlemas
wished to register objections for the record or for litigation in
the courts, that opportunity would be afforded.
Motion was made by Mr. Christian, seconded by Mr. Williams and
adopted without objection, that the Trustees authorize the staff to
advertise the 2,500 acre area for bids for a lease and request
objections pursuant to law and the Trustees' Guidelines, on the terms,
rental and royalty suggested by the staff.
TRUSTEES FUNDS - State School Trust Fund.
On September 9 the Commissioner of Education, Floyd T. Christian,
requested that a time be scheduled for discussion by the Board of
the method of computing payments to the State School Trust Fund.
Based on a memorandum from the Attorney General's office, in August
1968 the method of computing payments was changed to twenty-five
per cent of the proceeds from only public lands rather than twenty-
five per cent of the proceeds from state lands which include sovereignty
lands. The Director had furnished the members a report dated Septem-
ber 16, 1969, on the matter, showing that payments made based on the
proceeds from public lands as defined in that opinion from the
Attorney General's office were $241,690.08 less than what the State
School Trust Fund would have received under the old method of
payment of twenty-five per cent of all revenue from state lands
(less operating expenses) for the period from August 1968 through
July 1969.
Mr. Christian said he disagreed on the legal interpretation and on
other grounds, that for over forty years the permanent school fund
had received the twenty-five per cent from proceeds of sale from
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all lands and the interest only was used for education, that it was
a letter and not an official opinion from the office of the Attorney
General which pointed out that public lands did not include sovereignty
or Murphy Act lands, that the General Counsel of the Department of
Education disagreed with the interpretation and his letter dated Octo-
ber 6 was handed to the members. Also, Mr. Christian pointed out that
there was no authorization from the Board for the change in policy and
the original policy of paying twenty-five per cent of all land
proceeds should be followed.
Attorney General Faircloth thought it was a matter of policy, he
agreed with Mr. Rivers Buford to some extent, and he made a motion,
seconded by Mr. Williams, that the Trustees continue the original
policy of payment of twenty-five per cent of the proceeds of the sale
of all state lands to the State School Trust Fund. At the request of
Mr. Christian, Mr. Faircloth amended his motion to provide for
retroactive payments to the date the original policy was changed.
Mr. Williams seconded the amended motion.
The Director said that since there were legal questions and differences
of opinion among attorneys, he would like to .request a formal opinion
from the Attorney General.
Mr. Adams made a substitute motion that the matter be held in abeyance
until the appropriate question could be asked and an opinion prepared
by the Attorney General. Governor Kirk agreed that it would be
appropriate to look into the legal questions involved and said he
thought that a delay of a week or so would do no harm, but Mr. Christian
urged that the Trustees return to the former policy until such an
Attorney General's opinion or the Court showed it was wrong.
Mr. Adams' substitute motion was adopted on a vote of four to three,
as follows: Yeas, Messrs. Adams, Dickinson, Conner and Governor
Kirk; Nays, Messrs. Faircloth, Williams and Christian.
I4r. Christian asked if the members of the Board were willing to abide
by the opinion of the Attorney General, and asked to see the question
before it was submitted to the Attorney General by the Director.
Mr. V7illiams suggested that the next session of the Legislature
might be asked to clarify the situation.
LITIGATION - Staff renewed request for authority to employ outside
counsel to represent the Trustees in pending litigation concerning
Coastal Petroleum Company. Further discussion v/ith the Attorney
General had indicated that the Board should reconsider the matter.
It was felt that outside counsel could best handle the litigation in
view of the pending transition from legal representation by the
Attorney General to employment of in-house counsel.
Motion v/as made by Mr. Faircloth, seconded by Mr. Adams and adopted,
with Mr. Dickinson voting "No", that for the particular litigation
mentioned the Trustees authorize the employment of outside counsel.
JACKSONVILLE PORT AUTHORITY - On September 16 and 30, the Secretary
of State had mentioned the desire of the Trustees to have a report
and review long-range plans of the Jacksonville Port Authority.
On this date with maps, slides and explanation by I-lr . Dave Rawls,
Engineering Director of the Jacksonville Port Authority, who was
accompanied by Mr. William Mills and Mr. D. J. Lanahan, the Trustees
were given a review of the plans for deepening the St. Johns River
and utilizing that great natural resource in the development of a
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major port and center of transportation for the Southeastern United
States. It was particularly pointed out that marginal wharfs would
eliminate the slips where debris and pollution accumulated, that a
large container facility was being constructed on Blount Island,
that measures were being taken to eliminate raw sewage from the
river, that adjustments had been made to preserve and protect many
acres of estuarine marshes and disturb the ecology of the river as
little as possible.
Secretary of State Adams commended the Authority on what had been
done especially in reducing pollution from the St. Johns River and
efforts to preserve breeding grounds for marine life, and expressed
the concern of the Board for further improvements along these lines,
DADE COUNTY - File No. 2262-13-253.12. Mr. Logan Manders, an
attorney from Miami, asked to be heard with reference to property
adjacent to the Oleta River in Dade County. He furnished each
member v;ith bound information material and in review mentioned action
by the Trustees on applications with a history starting in 1959,
minutes of 1964 showing approval of a land exchange to Raymond G.
Williams, maps and tracings of aerial photographs showing changes in
the Oleta River. He said their investigation showed the state's
right to land on which the applicant, Enterprise Properties Limited
through Logan Manders, general partner, had title insurance. The
applicants asked the Trustees to request the Attorney General to
secure an appropriate injunction staying all activities on the
property in question which for three years had been involved in
pending mortgage foreclosure action, and asked that the land be sold
to the applicant based on the 1964 appraisal with payment of penalty
on pro-rata basis plus a reasonable amount of interest for five years.
If neither of those requests proved practicable, Mr. Manders suggested
that R. G. Williams might in some way correct the problems encountered
by the present fee holder who purchased in 1965.
The Director advised the Trustees that the staff had talked to Mr.
Manders on numerous occasions, that he could not recommend an applica-
tion without a current appraisal, and action could not be recoiranended
while questions of legality surrounding the foreclosure were in the
bosom of the court.
Mr. Faircloth said the Trustees were in the case asserting the claims
of the state to ownership. Mr. Herb Benn, Assistant Attorney General,
further explained that the questions raised had been presented to
the court in Dade County, the court had appointed a receiver, and
until court adjudication of the questions, the Trustees were advised
to let the matter rest.
Motion was made by Mr. Christian, seconded by Mr. Dickinson and
adopted, that the matter be deferred until it could be properly
brought up on an agenda.
SUBJECTS UNDER CHAPTER 18296
NASSAU COUNTY - Staff requested authority to withdraw from sale
approximately 295 acres of land described as Government Lots 2, 5, 6,
7, 8 and 10 (swamp lands) , in Section 49, Township 2 North, Range 28
East, Nassau County, containing 295 acres, more or less, and that the
Interagency Advisory Committee determine whether or not the lands
are suitable for inclusion in proposed Nassau Marsh Aquatic Preserve.
The Director said investigation was under way to locate other areas
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that might be withdrawn from sale.
Motion was made by Mr. V7illiams, seconded by Mr. Faircloth and
adopted, that the described Murphy Act lands be withdrawn from sale
as requested.
On motion duly adopted, the meet
ATTEST :
Tallahassee, Florida
October 14, 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.
Tom Adams
Earl Faircloth
Fred 0. Dickinson, Jr <
Broward Williams
Floyd T. Christian
Doyle Conner
James W. Apthorp
Governor
Secretary of State
Attorney General
Comptroller
Treasurer
Commissioner of Education
Commissioner of 7-vgriculture
Executive Director
On motion duly adopted, the Trustees approved the minutes of the
meeting held on October 7, 1969.
DADE COUI^TY - File NO. 2144-13-253.12, Land Sale Deferred.
On August 26, 1969, the Trustees authorized advertised for objections
only a parcel of sovereignty land containing 0.74 acre in Canal
Haciendo in Section 32, Toismship 54 South, Range 42 East, Key Biscayne,
Dade County, applied for by Key Biscayne Yacht Club, Inc., represented
by Carr Smith and Associates, Inc. Notice of sale was published in
the Miami Herald, proof of publication filed in the Trustees' office.
Numerous objections were received, mainly directed at the proposed
use that might affect adjoining property values. The Director
explained that the applicant had furnished no development plan but
had verbally stated an intention to fill the small canal which the
staff had become aware v;as a popular spot used by people in the
area. Staff recommended deferment until a complete development
plan had been furnished for tlie Trustees to reviev;, and that final
action be scheduled for January 13, 1970.
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On motion made by Mr. Faircloth, seconded by Mr. Christian and
adopted, the Trustees accepted the staff recommendation for deferment
pending receipt of a complete development plan from the applicant,
and further consideration on January 13, 1970.
PALI'l BEACH COUNTY - File No. 2233-50-253.12, Land Sale Deferred.
On September 2, 1969, the Trustees authorized advertisement for
objections only upon application from Dr. Raymond Roy, represented
by Brockway, Owen & Anderson Engineers, for a parcel of sovereignty
land embracing 0.512 acre in Lake Worth abutting Section 27, Township
43 South, Range 43 East, City of V7est Palm Beach, Palm Beach County.
An appraisal was ordered on September 4, 1969. Notice of sale was
published in the Palm Beach Post, proof of publication filed in the
Trustees' office.
Objections to the sale have been filed, in addition to the objection
expressed on September 30 by Mr. Herbert Benn who spoke as a citizen
of Palm Beach County in opposition to a fill permit application by
DiVosta Rentals, Inc. On this date Mr. Benn said the zoning authori-
ties had been requested to take action on these applications and
Governor Kirk asked that he convey his feelings as a resident of
Palm Beach County against dredging and building skyscrapers in that
location.
The staff recommendation for deferment, requested by the applicant's
representative, until the applicant was able to appear in person
before the Board, was adopted by the Trustees on motion made by Mr.
Williams .
BREVARD COUNTY - File No. 2172-05-253.12; Denial and Refund.
Mrs. R. W. Rummell, Jr., applied to purchase 0.83 acre parcel of
sovereignty land in the Banana River abutting fractional Section 17,
Township 26 South, Range 37 East, Merritt Island, Brevard County,
for the purpose of improving waterfront property.
The biological report from the Department of Natural Resources dated
September 11, 1969, stated that sale and subsequent development of
this parcel would not be in the best interest of marine and wildlife
conservation. The parcel lay within the proposed Banana River
Aquatic Preserve (A-7) , no previous sales had been made in the
immediate area, and staff recommended denial of sale, deactivation
of file and refund $50.00 of the application fee.
Motion was made by Mr. Faircloth, seconded by Mr. Adams and adopted,
that the sale be denied, file deactivated and $50.00 refunded as
recommended by the staff.
PALI^ BEACH COUNTY - File No. 2217-50-253.12; Denial and Refund.
Charles Donner, et al, represented by Brockway, Owen & Anderson
Engineers, Inc., applied to purchase a parcel of sovereignty land
in Lake Vv'orth abutting the North 275 feet of the South 826.4 feet
of the S*2 of Government Lot 1, Section 35, Township 44 South, Range
43 East, Palm Beach County, for the purpose of real estate develop-
ment. The parcel contained 1.243 acres.
The biological survey report dated February 8, 1968, stated that
dredging and filling in this area would not be in the best interests
of marine conservation. The Interagency Advisory Committee recom-
mended relocation of the bulkhead line to the mean high water line.
The Trustees had previously denied a sale to Cedar Lane Developers,
a nearby owner. Objections had been filed by the Area Planning
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Board, Hypoluxo Island Property Owners Association, and others.
Staff recommended denial of sale, deactivation of the file and refund
$50.00 of the application fee.
Motion v/as made by Mr. Christian, seconded by Mr. Faircloth and
adopted, that the sale be denied, the file deactivated and $50.00
refunded as recommended by the staff.
PALM BEACH COUNTY - File No. 2219-50-253.12; Denial and Refund.
Ed Donner Lumber Co., represented by Brockv/ay, Owen & Anderson
Engineers, Inc., applied to purchase 0.757 acre parcel of sovereicnty
land in Lake Worth abutting the North 276.4 feet of the South 551.4
feet of the S^ of Government Lot 1, Section 35, Tov/nship 44 South,
Range 43 East, Palm Beach County, for the purpose of real estate
development.
The biological survey dated February 8, 1968, reported that dredging
and filling in this area would not be in the best interests of marine
conservation. The Interagency Advisory Committee recommended reloca-
tion of the bulkhead line to the mean high water line. The Trustees
had previously denied a sale to a nearby upland owner, Cedar Lane
Developers. Objections had been received from the Area Planning
Board, Hypoluxo Island Property Owners Association, and others.
Staff recommended denial of the sale.
Motion was made by Mr . Christian, seconded by Mr. Faircloth and
adopted, that the sale be denied, the file deactivated, and that
$50.00 of the application fee be refunded.
DADE COUNTY - City of Islandia, Biscayne National Monument.
The staff requested authority to notify fourteen applicants that in
two v;eeks the Board would consider denial of their applications to
purchase sovereignty lands within the City of Islandia landward of
the established bulkhead line lying within the Biscayne National
Monument. Although the following applications v;ere brought before
the Trustees on October 24, 1967, no action was taken and the matter
was ordered to be removed from the agenda.
The follov/ing applications have not been considered by the Trustees
and refund of the application fees was in order:
File No. Applicant
1237-13-253.12 Annabel H. Smith
1296-13-253.12 Juanita A. Gosser
1299-13-253.12 Esther T. Shocksnider
1397-13-253.12 William H. Krome, et al
1454-13-253.12 Henry R. Bicknell, et ux
1455-13-253.12 Henry R. Bicknell, et ux
1534-13-253.12 Howard M. Bouterse
1567-13-253.12 Malcolm G. MacNeill
1663-13-253.12 James M. Feaster
1736-13-253.12 John F. Michel
1761-13-253.12 C. B. Kniskern, Jr., et al
1765-13-253.12 Armando Garcia, et ux
1886-13-253.12 J. S. W. Davis, et wi
1896-13-253.12 John R. Brons, et ux
The Trustees directed that two weeks' notice be given to the appli-
cants that the above applications will be deactivated and application
fees refunded, with the final hearing to be held on October 28, 1969,
closing the files. It was noted that the earliest of the applications
10-14-69
- 465 -
was made in 1962 and the latest in 1966. The earliest ones v;ere
prevented from coraing to the Board because of a dispute between the
city and county as to the authority to set bulkhead lines, and
later ones were held in abeyance because of the proposed Biscayne
National Monument.
Mr. Williams pointed out that these upland owners would be the only
ones v/ho could come back later on, that riparian upland owners
only v;ould be able to apply for submerged land (in the event it
was not included in the Monument) .
DUVAL COUNTY - Swamp Lands. Staff requested authority to withdraw
from sale 382.72 acres of swamp and overflow lands recently selected
by the Swamp Land Selection Agent, described as Government Lots 4,
5, 6 and 7, Section 3; Government Lots 5, 6 and 7, Section 4; Govern-
ment Lot 5, Section 14; all in Township 1 North, Range 27 East,
Duval County. Staff recommended that the lands be withdrawn from
sale and that the Interagency Advisory Committee determine whether
or not the lands were suitable for inclusion in the proposed Nassau
River Marsh Aquatic Preserve.
On motion by Mr. Williams, seconded by Mr. Adams and adopted, the
Trustees approved the staff recommendation as the action of the
Board.
VOLUSIA COUNTY - File No. 2259-64-253.12(6), Quitclaim Deed.
Pauline M. Poussaz, represented by Edmund L. V^ood, made application
to obtain clear title under provisions of Section 253.12(6) to a
parcel of filled sovereignty land of the Halifax River abutting
the South 1/2 of Lot 44, Roberta Heights, Map Book 19, Page 83,
being a portion of Government Lot 2, Section 34, Township 13 South,
Range 32 East, Volusia County.
It v/as explained that where any person, prior to June 11, 1957, had
extended or added to existing lands bordering on or being in navi-
gable waters by causing such lands to be filled, the Trustees, upon
receipt of application therefor, must convey such lands to the
riparian upland owner. The consideration shall be the appraised
value of said lands as they existed prior to such filling.
The applicant offered $200.00 per acre, or $190.00 for the 0.95 acre
parcel.
Motion was made by Mr. Christian, seconded by Mr. Williams and
adopted, authorizing issuance of the quitclaim deed under provisions
of the law.
MARTIN COUNTY - File No. 2263-43-253 .C3 , Right of Way Easement.
The Board of County Commissioners of Martin County, as sponsoring
agent and on behalf of the United States Corps of Engineers, Jackson-
ville District, in connection with the St. Lucie Inlet Maintenance
Project, requested a channel right of way easement for an existing
channel commencing at the junction of the Okeechobee Waterway and the
Intracoastal Waterway in the Indian River extending into the Atlantic
Ocean. The easement was 500 feet wide by approximately 12,000 feet
long. The project was authorized by the Rivers and Harbors Act
March 2, 1945, House Document 391, 77th Congress, 1st Session.
Staff recommended waiver of requirement of biological report and
requested authority to issue a perpetual easement.
10-14-69
- 466 -
On motion by Mr. Christian, seconded by Mr. Conner and adopted, the
Trustees approved the staff recommendation and request.
MOI'JROE COUNTY - Easement. The Department of Transportation requested
a temporary borrow area on Bahia Honda Key needed for construction
of the proposed nev/ Bahia Honda Bridge. The area of 4.20 acres located
v/ithin an undeveloped portion of Bahia Honda State Park would replace
and supersede an offshore borrow area proposed earlier.
The Division of Recreation and Parks had reviev/ed and approved the
borrov/ location.
Motion was made by Mr. Adams, seconded by Mr. Dickinson and adopted,
that the Trustees authorize issuance of the temporary borrow pit
easement requested by the Department of Transportation.
DADE COUNTY - Fill Permit, Section 253.124 Florida Statutes.
The Department of Transportation requested approval of fill permit
issued by the City of Miami on September 18, 1969, in connection
v;ith construction of 79th Street Causeway (State Road 828) . Land to
be filled was conveyed to Dade County by Deed No. 18251 dated July
31, 1934, and is within the established bulkhead line. No dredging
was contemplated.
Applicant requested waiver of additional biological survey report,
as construction of additional roadway was in the public interest and
necessary for relief of serious traffic situation in the area.
Motion v;as made by Mr. Christian, seconded by Mr. Dickinson and
adopted, that the Trustees approve the fill permit.
LEE COUI'JTY - Dredge Permit, Section 253.123 Florida Statutes,
File No. 23392-36-253.123. V/yman M. Miller, Vice President of
Gasparilla Inn, Inc., requested dredging permit to complete a
project commenced under District Engineers Permit SAJSP (64-403) now
expired, to dredge 70,000 cubic yards of material to be placed upon
the eroded beach in Section 13, Township 43 South, Range 20 East,
Lee County.
The applicant had submitted payment of $2,000.00 for the material.
The Director reported that the work came within the "hardship"
provision of the policy adopted July 1, 1969, and that the work
should be completed. A biological report submitted by the Board of
Conservation on April 16, 1963, and July 16, 1964, was not adverse
to the project and acknov/ledged the eroded condition of the area.
On motion by Mr. Christian, seconded by Mr. Williams and adopted,
the Trustees approved issuance of the dredge permit for completion
of the project.
ST. LUCIE COUNTY - Dredge Permit, Section 253.123, File 361.
The City of Fort Pierce applied for permit for maintenance dredging
in the City Marina and in the Indian River in Township 35 South,
Range 40 East, St. Lucie County, for the improvement of navigation.
Staff recommended approval provided that measures be taken to
minimize siltation.
The Department of Natural Resources biological survey report dated
September 24, 1969, indicated that the proposed spoil area was
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- 467 -
deeper than 6 feet, had a sandy bottom, and the project should not
adversely affect marine life.
On motion by Mr. Christian, seconded by Mr .Adams and adopted, the
Trustees approved issuance of the dredge permit provided that spoil-
ing in the Indian River be done with a downspout at the end of the
discharge pipe to minimize siltation.
MARTIN COUNTY - Dredge Permit, Section 253.123 Florida Statutes.
Chester F. Martin, President of Riverland, Inc., applied for permit
allowing construction of two channels 28 feet by 8 feet by 60 feet,
connecting the South Fork of the St. Lucie River with a proposed
boat basin to be constructed on applicant's upland property within
the John M. Hanson Grant in Township 38 South, Range 41 East, Martin
County. The material removed would be placed on applicant's upland
property.
Biological survey report indicated no significant adverse effects on
marine biological resources, that the bottoms of the river were sandy
and unvegetated, and bottoms of the inland lagoon unvegetated and
very mucky.
On motion by Mr. Christian, seconded by Mr. Williams and adopted,
the Trustees approved the dredge permit for channel connections.
LBE C0U1>?TY - Dredge Permit, Section 253.123 Florida Statutes.
Protein Products Corporation of Tampa, Florida, applied for 14-month
extension of permit to coincide with the expiration date of the Corps
of Engineers permit to perform maintenance dredging in Charlotte
Harbor in Section 1, Township 43 South, Range 22 East, Lee County.
Staff recommended a permit to expire December 31, 1970.
A biological survey v;as conducted for the project in November of
1966. The Department of Natural Resources advised that another
survey v;as not required for the maintenance dredging since the spoil
material would be placed on unvegetated sandbars originally approved
and recommended as spoil sites.
On motion by Mr. Adams, seconded by Mr. Williams and adopted, the
Trustees authorized issuance of the dredge permit.
PIHELLT.S COUNTY - Dredge Permit, Section 253.123 Florida Statutes.
The Pinellas County Water and Navigation Control Authority issued
Dredge Only Permit No. DO-166, subject to Trustees' approval, to
Carlton Arms of St. Petersburg - James Mahaffey, for maintenance
dredging in an existing boat basin in Tampa Bay in Section 11, Tov/n-
ship 32 South, Range 15 East, Pinellas County. All material to be
removed would be placed on uplands.
The Department of Natural Resources biological survey report indicated
no objection as long as dredging and spoiling were controlled to
minimize siltation.
On motion by Mr. Christian, seconded by Mr . Adams and adopted, the
Trustees approved the application for maintenance dredging.
DADS COUNTY - Dock Permit, Section 253.03 Florida Statutes.
Florida East Coast Properties, Inc., Miami, Florida, applied for
permit for commercial dock in Biscayne Bay in Section 13, Township
54 South, Range 41 East, Dade County. All required exhibits and
10-14-69
- 468 -
$100 processing fee were furnished.
On motion by Mr. Adams, seconded by Mr. Christian an:3 adopted, the
Trustees authorized issuance of the state commercial dock permit.
MOI'TROE COUNTY - Dock Permit, Section 253.03 Florida Statutes.
Thompson and O'Neal Shrimp Company, Key West, Florida, applied for
permit to construct a commercial wharf facility in Key West Bight at
Key West in Section 31, Township 67 South, Range 25 East, Monroe
County. All required exhibits and $100 processing fee were furnished,
On motion by Mr. Conner, seconded by Mr. Christian and adopted, the
Trustees authorized issuance of state commercial dock permit.
PADS COUNTY - File No. 2262-13-253.12. Director Apthorp advised the
Board that he was working v;ith I'lr . Logan Manders on the matter
discussed at the meeting last week and expected to present something
to the members for consideration shortly.
DADE COUNTY - Aerojet-General Lease-Option to Purchase.
On September 30, 1969, the Trustees referred to the Attorney General
for study the matter of the ten-year lease with option to purchase
No. 1640-1640-S between the Trustees and the Board of Education with
Aerojet-General Corporation covering a tract of 25,313 acres of land
in the southwest part of Dade County. The firm had indicated a
desire to exercise the option to purchase the leased land.
The Director advised that the Attorney General had notified him this
morning that he wished to make a report on the lease. Mr. Herbert
Benn, presenting the report for the Attorney General and the Depart-
ment of Legal Affairs, reviev/ed the major provisions of the lease
and furnished each member v/ith a memorandum on the subject, "Review
of Aerojet contract" dated October 14, 1969. Ke discussed the
recommendations of tlie Department of Legal Affairs that Aerojet be
notified pursuant to Item 4 of the contract that the Trustees deem
the contract to be canceled for the reasons that there was no
consideration exchanged for the option to purchase, there was no
consideration for the amendment granted in 1962 and for reasons
shov/n in the memorandum the amendment was void and Aerojet had
failed to comply with a covenant of the contract; that the plant
that was required to be constructed and put into operation in the
interest of the economy of the State of Florida v/as not functional
so as to cause the economic impact as was expected. The second
recommendation was that if the Trustees and School Board did not
take the above recommended action, then notice be sent to Dade County
that state land was being considered for sale as prescribed by
Section 253.111 F. 3.
Questions raised were v/hether the Trustees wanted to hear from the
lessee, whether action should be taken on this date, whether the
land should be sold, and the Director advised that while Mr. A. A.
Fisher, Jr., was present representing Aerojet-General, he had indi-
cated that they would prefer to be heard at another time when the matter
had been agendaed.
On motion by Mr . Christian, seconded by Mr. Faircloth and adopted, the
Trustees received the report from the Attorney General and directed
that the matter be scheduled on the agenda of the Trustees of internal
Improvement Trust Fund with an opportunity given for the lessee to
be heard.
10-14-69
- 469 -
COASTAL PETROLEUM COI'lPAITy - Litigation. Secretary of State Tom Adams
brought up the Coastal Petroleum litigation and said that under the
circumstances of continuing legal difficulties with this corporation,
he v/ould like to knov; who the stockholders v;ere. Governor ICirk agreed
that the records on the ownership of the corporation should be
examined and he wanted to see the list.
I-lr. Herbert Benn, Assistant Attorney General, advised that the report
furnished to the members of the Legislative hearing held in clewiston
had attached the complete corporate structure, that the list of stock-
holders had been made available but the matter had been discussed in
detail at that hearing, that it would be an unusual and unreasonable
cost unless it v;as absolutely necessary, and it had been decided then
that it would be sufficient to know the complete corporate structure.
He said that some of those at the hearing were Representatives
Lynwood Arnold and Ted Randell and Senator Elmer Friday, among others.
I-:;r. Apthorp said the counsel obtained for the Trustees in the litiga-
tion was Mr. Neil Rutledge of Miami who had attended the pretrial
hearing on October 13, 1969, along with members of the Attorney
General's staff, and that the trial would begin a week from today.
Mr. Faircloth advised that he had understood that the Board had
chosen different counsel and had filed a motion or petition to be
discharged as counsel, but that the Court refused to allow the
Attorney General to withdraw as representative of the Trustees in
the suit. He said they would continue to work until sure that the
Trustees were represented; and he assured Mr. Christian, who asked,
that his office and Mr. Rutledge would work together in the case.
Mr. Dickinson thanked the Attorney General and Mr. Benn for the
reported information, and assured Mr. Faircloth that he was the
attorney for the Trustees and had ably represented them.
SUBJECTS UNDER CHAPTER 18296
On motion by Mr. Conner, seconded by Mr. vJilliams and adopted, the
Trustees approved Report No. 960 listing one regular sale of land
in Citrus County under the provisions of Chapter 18296, the Murphy
Act, to Eva R. Graham for the highest bid of $50.00.
On motion duly adopted, the meeting
ATTEST;
10-14-69
- 470 -
Tallahassee, Florida
October 21, 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, v;ith the following members present:
Claude R. Kirk, Jr. Governor
Tom Adams Secretary of State
Earl Faircloth Attorney General
Broward Williams Treasurer
Floyd T. Christian Commissioner of Education
Doyle Conner Commissioner of Agriculture
James W. Apthorp Executive Director
On motion duly adopted, the Trustees approved minutes of the
meeting of October 14, 1969.
DUVAL COUNTY - File No. 2070-16-253.12, To Be Advertised.
C. vJilliam Reiney on behalf of Leo C. Burgman and Rowena D. Burgman
applied to purchase two contiguous parcels of sovereignty land in
the St. Johns River abutting Lot 3, Block 1, Riverside, as recorded
in Plat Book 1, Page 109, former public records of Duval County,
containing 0.6 acre lying in Township 2 South, Range 26 East, in the
City of Jacksonville, Florida, for the purpose of commercial develop-
ment. Applicants offered $1,620.00 for the parcels. The land v/as
appraised at the rate of $2,700.00 per acre.
The biological report dated September 10, 1969, stated that the area
v/as not a nursery or feeding ground for marine life and its sale
and subsequent development should not have significant adverse
effects on marine life.
On motion by Mr. Christian, seconded by Mr. Adams and adopted, the
Trustees authorized advertisement of the land for objections only.
LEE COUI^Y - File No. 2202-36-253.12 - To Be Advertised.
Earl D. Farr, Jr., on behalf of Sunset Realty, applied to purchase
two parcels of sovereignty land containing 0.58 acre 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, Gasparilla Island in Lee County, desired for real
estate development of water front lots. Applicant offered $5,597.00
for the land, at the rate of $9,650.00 per acre, appraised value for
land bordering in the same siibdivision.
The biological survey report was not adverse to development and the
Interagency Advisory Committee reaffirmed the bulkhead line location.
At the time the application was presented to the Trustees on June
10, 1969, certain information was lacking that would have placed it
in the hardship category. Based on new information, the staff v/as
of the opinion that the application came v/ithin the hardship
provisions of policy adopted July 1, 1969. The applicant had given
a complete performance bond to Lee County in the amount of $100,000
to relocate a platted street and construct a bridge related to the
overall plan of development. Although the project was within 25%
10-21-69
- 471 -
of completion, due to previous inability to process the application
the work had nearly come to a standstill.
On motion by Mr. Christian, seconded by Mr. Adams and adopted, the
Trustees authorized advertisement for objections only.
LEE COUNTY - File No. 2201-36-253.12, To Be Advertised.
Earl D. Farr, Jr., on behalf of Wyman M. Miller, applied to purchase
a parcel of sovereignty land in ^oca Grande Yacht Basin abutting
Lot 35, Block 24 of Addition to Boca Grande, Plat Book 8,, Page 48,
public records of Lee County, containing 0.015 acre lying in Section
14, Tovmship 43 South, Range 20 East, Gasparilla Island, Boca Grande,
Lee County. This parcel was within the area applied for by Sunset
Realty Corp. in the above described application. Applicant offered
$144.75 for the small parcel, at the rate of $9,650.00, appraised
value for land bordering in the same subdivision.
The biological survey report was not adverse to development and the
Interagency Advisory Committee reaffirmed the bulkhead line location,
On June 17, 1969, the staff had recommended deferment because of
the Trustees' action related to the Sunset Realty application. In
view of the hardship status of said application, it was recommended
that I4r. Miller's application be considered in the same category.
On motion by Mr. Christian, seconded by Mr. Adams and adopted, the
Trustees authorized advertisement for objections only.
BAY COUNTY - Dredge Permit for Maintenance Dredging,
Section 253.123 Florida Statutes.
Marathon Oil Company of Panama City, Florida, applied for permit
for maintenance dredging 50 ft. wide, 2 ft. deep and 300 ft. long
in an existing berthing area at applicant's upland property in
Watson Bayou in Section 10, Township 4 South, Range 14 West, Bay
County. All material removed would be placed landward of an existing
bulkhead. The biological survey report was not adverse.
On motion by Mr. Faircloth, seconded by Mr. Williams and adopted,
the Trustees authorized issuance of the dredge permit.
BROWARD COUNTY - Dredge Permit, Beach Nourishment,
Section 253.123 Florida Statutes.
The Board of County Commissioners of Broward County applied for
permit authorizing removal of one million cubic yards of sand from
two borrow areas in the Atlantic Ocean, one located 1,500 yards
offshore from N. E. 5th Court in Pompano Beach and the other 1,666
yards offshore from V/ashingtonia in Lauderdale-by-the-Sea, to be
used for restoration and nourishment of a 16,800 ft. beach area as
authorized by the Bureau of Beaches and Shores, Department of
Natural Resources, Coastal Structure Permit BBS 69-36 approved on
September 30, 1969.
On motion by Mr. Faircloth, seconded by Mr. Williams and adopted,
the Trustees authorized issuance of the dredge permit.
BROV^RD COUNTY - Dredge Permit, Submarine Cable Crossing,
Section 253.123, File No. 388.
Florida Power and Light Company of Fort Lauderdale, Florida,
10-21-69
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applied for permit to install a submarine electric power cable
across Port Everglades Inlet in Sections 13 and 24, Township 40
South, Range 42 East, Broward County. The biological survey report
indicated no adverse effects to marine biological resources.
Motion was made by Mr. Adams, seconded by Mr. Faircloth and adopted,
that the Trustees approve issuance of the permit.
CITRUS COUNTY - Dredge Permit, To Improve Navigation,
Section 253.123 Florida Statutes.
Edwin M. Purcell of Crystal River, Florida, applied to dredge a
channel adjacent to his upland property in Crystal River in Section
21, Township 18 South, Range 17 East, Citrus County. All material
removed from the channel 50 feet wide, 4 feet deep and 500 feet long
would be placed on his upland. The biological report indicated no
adverse effects to biological marine resources.
On motion by Mr. Adams, seconded by Mr. Faircloth and adopted, the
Trustees authorized issuance of the dredge permit.
LAKE COUNTY - Dredge Permit, Section 253.03, Permit No. 119.
Randall B. Whitney of Mount Dora, Florida, tendered check in the
amount of $150.00 as payment (at the penalty rate of three times the
standard rate) for 200 cubic yards of material removed in excess of
the amount authorized under Permit 253.03-119.
On motion by Mr. Christian, seconded by Mr, Williams and adopted,
the Trustees accepted the payment for the overdredged material.
LEB COUITTY - Dredge Permit, To Improve Navigation,
Section 253.123 Florida Statutes.
Jane Engelhard applied for permit to dredge a navigation channel 30
ft. wide, 5 ft. deep and approximately 650 ft. long in Boca Grande
Bayou in Section 14, To^vmship 43 South, Range 20 East, Lee County.
Applicant tendered check for $550.00 as payment for the material to
be used to fill low areas on upland ownership, and had revised the
dredge area to extend only 30 feet beyond the bulkhead line. The
Department of Natural Resources biological report had indicated that
the original dredge area went 80 to 150 feet beyond the proposed
bulkhead line.
On motion by Mr, Christian, seconded by Mr. Adams and adopted, the
Trustees approved the dredge permit for the channel which would
provide needed access to open water.
MANATEE COUNTY - Dredge Permits, Submarine Cable ln*allations.
Section 253.123, File Nos. 384 and 385.
General Telephone company of Florida at Sarasota, Florida, applied
for permits to install a submarine cable crossing (1) Palma Sola Bay
adjacent to Manatee Avenue at Bradenton in Section 25, Township 34
South, Range 16 East, and (2) Sarasota Pass adjacent to Manatee
Avenue at Bradenton in Sections 27 and 28, Township 34 South, Range
16 East, Manatee County. The biological reports were not adverse.
Motion was made by Mr. Adams, seconded by Mr. Williams and adopted,
that dredge permits for the two cables be approved.
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MONROE COUNTY - Dredge Permit, To Improve Navigation,
Section 253.03 Florida Statutes.
William J. Klys applied for permit to dredge a navigation channel
50 ft. wide, 5 ft. deep and 450 ft. long in Section 23, Township 53
South, Range 37 East, in the Atlantic Ocean, Monroe county. Also he
proposed to dredge a boat basin 100 ft. long, 60 ft. wide and 15 ft.
deep entirely within his submerged land ownership. The material to
be removed would be placed on applicant-owned submerged land.
The biological report stated that the area was a nursery area and
feeding ground. Staff recommended approval because the channel
v/ould provide needed access to open water and applicant had altered
his plan to comply with the Trustees' staff recommendations.
On motion by Mr. Adams, seconded by Mr. Fair cloth and adopted, the
Trustees approved the application as recommended by the staff.
MONROE COUNTY - Dredge Permit, To Improve Navigation,
Section 253.03 Florida Statutes.
Howard M. Jackson applied for a permit to dredge a navigation channel
50 ft. wide, 5 ft. deep and 460 ft. long in the Atlantic Ocean in
Section 23, Township 63 South, Range 37 East, at Windley Key, Monroe
County. Applicant had altered his plan to comply with the recommen-
dations of the Trustees' staff. Removed material would be placed
on applicant-owned submerged land.
The Department of Natural Resources biological report indicated
that the project area was nursery and feeding grounds.
On motion by Mr. Christian, seconded by Mr. Williams and adopted,
the Trustees approved the application which would provide access to
the open water .
MONROE COUNTY - Dredge Permit and Temporary Dredging Easement,
Section 253.03 Florida Statutes.
The Department of Transportation requested a permit and alternate
dredging area of 0.62 acre of sovereignty land in Florida Bay abutting
Section 27, Township 66 South, Range 30 East, Monroe County, required
for fill material in connection with construction of the new Bahia
Honda Bridge.
The Department of Natural Resources biological report endorsed the
location, and the Bureau of Beaches and Shores reviewed the site and
offered no objection.
On motion by Mr. Faircloth, seconded by Mr. Christian and adopted,
the Trustees authorized issuance of temporary easement and dredge
permit contingent upon the Department of Transportation quitclaiming
a 16.5 acre site in the Straits of Florida adjacent to Section 34,
Township 56 South, Range 30 East, granted by Trustees Instrument No.
2369-A, as recommended by the staff.
OICALOOSA COUNTY - Dredge Permit, To Improve Navigation,
Section 253.123 Florida Statutes.
Col. John T. Car ley of Fort Benning, Georgia, requested permit for
maintenance dredging to remove silt in the area of an existing boat
house in Bayou Paquita adjacent to applicant's upland in Section
31, Township 1 South, Range 23 West, Okaloosa County. The material
removed would be used to refurbish the shoreline damaged by recent
Hurricane Camille. The biological report was not adverse.
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On motion by Mr. Adams, seconded by Mr. Faircloth and adopted, the
Trustees authorized issuance of the dredge permit.
OSCEOLA COUNTY - Dredge Permit, To Improve Navigation,
Section 253.03 Florida Statutes.
Central and Southern Florida Flood Control District on behalf of the
Board of County Commissioners of Osceola County applied for permis-
sion to dredge a boat basin and navigation channel in Section 29,
Township 27 South, Range 29 East, Lake Tohopekaliga, Osceola County,
in connection with Southport Park Recreation Area. Material to be
removed would be placed on applicant's upland. Staff requested
waiver of the biological report as provided for in Section 253.123
(3) (a) Florida Statutes.
On motion by Mr. Adams, seconded by Mr. Williams and adopted, the
Trustees approved issuance of the dredge permit without requirement
of biological report.
POLK COUNTY - Dredge Permit, To Improve Navigation,
Section 253.03 Florida Statutes.
James Jakse of Winter Haven, Florida, applied for permit authorizing
the dredging of a navigation channel 50 ft. wide by 5 ft. deep
adjoining his upland property on Lake Hartridge in Section 8, Township
28 South, Range 26 East, Polk County. He tendered check for $50 as
minimum payment for the material to be removed.
The Game and Fresh Water Fish Commission recommended reduction of the
top width of the canal to 40 feet.
On motion by Mr. Adams, seconded by Mr. Faircloth and adopted, the
Trustees approved issuance of dredge permit subject to canal top
width being reduced to 40 ft., and usual stipulations as to dredging.
PALM BEACH COUNTY - Fill Permit, Section 253,124 Florida Statutes,
File NO. 24981 (1991-50)
DiVosta Rentals, Inc., represented by Brockway, Owen and Anderson
Engineers, Inc., had applied for a permit to fill the 0.514 acre
parcel of sovereignty land in Lake Worth abutting Section 27, Town-
ship 43 South, Range 43 East, in the City of West Palm Beach landward
of the established bulkhead line, sale of which was approved by the
Trustees on May 13, 1969. Consideration of fill permit application
was deferred on September 16 and 30 and was placed on the agenda on
this date at the request of James E. Weber, attorney for the
applicant.
Motion was made by Mr. Williams that the application be denied. The
Director advised that Mr .Weber would like to be heard on behalf of
the applicant. Assistant Attorney General Herbert Benn and two
other objectors wished to be heard, also.
Mr. Apthorp said the staff had not changed their recommendation for
approval of the permit as explained to the Board on two previous
occasions, that the permit was approved by the City of West Palm
Beach and no notice had been received of any change by the city.
The biological report was not adverse and the Area Planning Board
had registered no objections. He advised that the staff had
received twelve objections, placed in the file. Governor Kirk
suggested that the one-foot ownerships along Flagler Drive should
be bought up. Mr, Benn said the local authorities had been requested
to do that, that there were agencies and monies under a program to
preserve open spaces and aesthetic values, but there had not been
time ,
10-21-69
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Mr. Robert T. Bair, of the Audubon Society of the Everglades and
the Federated Conservation Council, opposed to the fill permit,
read from a news clipping concerning Flagler Drive and told of
meetings held with reference to the monies available under the
federal program and state recreation funds, need to relieve and
not increase traffic by building apartments in the area, and request
made to the Area Planning Board for reconsideration of the proposed
filling by the applicant, DiVosta Rentals, Inc.
Mr. John Roscoe expressed the objections of the First Church of
Christ, Scientist, to the application to fill and urged that the
view of Lake Worth be preserved.
Governor Kirk had received about forty-eight telegrams objecting to
the filling. Mr. Benn had received many telegrams, also, and
petitions signed by about five hundred residents of Palm Beach
County. Mr. Benn said that the local authorities were expected to
reconsider the application, and he called attention to legal aspects,
that the Trustees had no mandate to sell or to issue dredge and
fill permits, that the Board might have to defend the case in court.
The Director mentioned an objection from Mr. C. Richard Tillis, a
director of the Federated Conservation Council, with recommendations
including refusal of the permit, rescinding the sale in the public
interest, and zoning change by the county to aesthetic and
recreational.
Representing the applicant, Mr. James E. Weber pointed out that the
city actually had encouraged filling in that area which was not an
aesthetic situation but contained debris and stagnant water (photos
exhibited) , explained that the bulkhead line was set for the church
fill in place but beyond that had been brought in to shore and
would allow no extensive apartment building, that zoning was within
the jurisdiction of the city, that there was no view of the lake from
the road at that point at the present time, that property owners in
1924 had granted right of way easements for the widening of the road.
Motion was made by Mr. Williams, seconded by Mr. Faircloth, that the
application for fill permit be denied. Mr. Christian said the
Board should go further to be fair to the owner, that the land could
be reclaimed for a public park.
Mr. Williams accepted the suggestion and rephrased his motion to
include denial of the permit and that the Director be asked to
negotiate with the owner for repurchase with tlie idea of filling
and use as a public park. The motion was adopted without objection.
STATE COMMERCIAL DOCK PERMITS - Bay, Brevard, Dade and Monroe
Counties, Section 253.03 F. S.
1. Bay County - Charles F. and Jacqueline Waddell applied for
permit for a marine railway facility in Watson Bayou in Section
10, Township 4 South, Range 14 West, for which all required
exhibits including $100 processing fee were furnished.
2. Brevard county - Frank C. Youles, Jr., applied for permit for a
dock in the Indian River in Section 2, Township 28 South, Range
37 East, for which all exhibits and $100 fee were furnished.
3. Dade County - The University of Miami applied for a permit for
construction of a commercial dock, a corrosion testing facility,
in the Atlantic Ocean in Section 10, Township 54 South, Range
42 East, for which all exhibits and $100 fee were furnished.
4. Monroe County - SeaFarms, Inc., applied for a permit for a
commercial pier in Key West Bight in Section 21, Township 67
South, Range 25 East, Monroe County, for which all exhibits
10-21-69
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and $100 processing fee were furnished.
on motion by Mr. Adams, seconded by Mr. Fair cloth and adopted, the
Trustees authorized issuance of state commercial dock permits to the
above four applicants.
AQUATIC PRESERVES - The Interagency Advisory Committee on Submerged
Land Management in Report No. 2 dated November 12, 1968, proposed a
system of aquatic preserves and designated twenty-six areas suscep-
tible of preservation in the estuarine areas of the State of Florida.
The committee prepared a basic draft resolution which, if adopted by
the Trustees, would set in motion a statewide system of aquatic
preserves as a means of protecting and preserving in perpetuity
certain specially selected areas of state-owned land in accordance
with management policies and criteria set out in the resolution.
Mr. Apthorp reviewed the procedure that had been followed, the study
of the biological, ecological and aesthetic condition of areas, the
public hearings held in eight locations throughout the state in
February, March and April under the direction of the then Director of
the Trustees, Senator Randolph Hodges, who is the chairman of the
interagency Advisory Comm.ittee. He said Senator Hodges would share the
presentation today and would tell the results of the public hearings.
Mr. Apthorp explained that the staff felt that after adoption of the
basic or concept resolution, execution of the individual resolutions
with descriptions of particular preserve areas could proceed without
further action as the legal descriptions become available for inclusion
in the resolutions. One specific area resolution was presented for
Aquatic Preserve A-2 and A-3, the Nassau Marsh and Little Talbot Island
preserve in Nassau and Duval Counties.
Secretary of State Tom Adams said there appeared to be some misunder-
standing as to what the Board was doing today which did relate only
to state-owned land, and provisions of the concept resolution were
read. Mr. Hodges said several thousands of copies of Report No. 2
had been distributed and the hearings had been publicized, that several
hundreds had attended in most of the cities where the hearings were
held. It was pointed out that establishment of a preserve would
preclude sale and filling but not lawful and traditional public uses.
Mr. Hodges mentioned objections received in some areas, particularly
that Grand Lagoon be excluded from the proposed G-4 preserve, and that
additional hearings had been requested but he had told them that they
should make their wishes known before the Trustees. There was wide-
spread approval of the preserve concept, he informed the Board.
Governor Kirk said the Board should proceed to take action on state-
owned lands that would be forever identified as aquatic preserves
under jurisdiction of the Trustees. Mr. Williams suggested that they
consider those areas where there were no problems and the others might
be held for two weeks. Mr. Conner said he would vote for the concept
resolution.
Mr. Adams made a motion that the concept and management policy reso-
lution be approved for execution which would set in motion action on
specific aquatic preserve resolutions, with the understanding that
any member of the Board might call for placing on the agenda for a
hearing any particular resolution involving an area where objections
had been received for consideration of possible alterations in the
boundaries. Mr. Christian seconded the motion which was adopted.
Copy of the resolution is attached and made a part of these minutes.
10-21-69
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The Director was then requested to proceed with the specific
aquatic preserves and with maps and brief descriptions of the
areas he presented the following preserves as proposed and recom-
mended by the interagency Advisory Committee on Submerged Lands.
Without objection the Trustees approved the establishment of the
follov/ing aquatic preserves:
1. Fort Clinch State Park (Nassau County) , identified on the
map as A-1
2. Nassau Marsh and Little Talbot island (the marsh in Nassau
and Duval Counties and the island in Duval County) , combining
the preserves identified on the map as A-2 and A-3
3. Pellicer Creek (St. Johns and Flagler Counties), identified
on the map as A-4
4. Tomoka Marsh (Flagler and Volusia Counties) , identified
on the map as A-5
5. Mosquito Lagoon (Volusia and Brevard Counties), identified
on the map as A-6
6. Banana River (Brevard County), shown on the map as A-7
7. Indian River - Malabar to Sebastian (Brevard County),
shown as A-8 on the map
8. Intracoastal Waters - Jensen Beach to Jupiter Inlet (Martin
and Palm Beach Counties) , shown on the map as A- 10
9. Loxahatchee River - Lake Worth Creek (Martin and Palm Beach
Counties) , shown on the map as A-11
10. Biscayne Bay - Cape Florida to South County Line (Dade County),
shown on the map as A-12
11. Fort Pickens State Park (Escambia and Santa Rosa Counties) ,
shown on the map as G-1
12. Yellow River Marsh (Santa Rosa County), shown as G-2 on the
map
13. Rocky Bayou State Park (Okaloosa County), shown as G-3
on the map
14. St. Andrews State Park (Bay County), shown as G-4 on the
map, but in this case because of numerous objections mainly
to the inclusion of Grand Lagoon in the preserve, part of the
area (included not for biological reasons but as a buffer for
the state park) was excluded from the aquatic preserve
boundaries .
Objectors to the original boundaries included Senator Dempsey
J. Barron, Joe Chapman, Wilford Crary, Pete Edwards, Tom
Sales, Congressman Bob Sikes who wired request for careful
consideration before action, and Representative John R.
Middlemas who only questioned the type of structures, channels
and maintenance work that might be allowed.
On motion by Mr . Williams, seconded by Mr. Adams and adopted,
the Trustees approved establishment of the G-4 preserve with
boundaries set in accordance with the Director's recommenda-
tion to eliminate everything northerly of St. Andrews State
Park and westerly of the ship channel.
15. Alligator Harbor (Franklin County), shown on the map as G-7,
was approved. However questions or objections were expressed
by Jim McNeill who lived in Indian Pass and by Tom Coldeway
representing St. Joe Paper Company, owner of upland along
many miles of the shoreline.
16. Caladesi Island (Pinellas County) shown as G-9.
Legislative Act 69-342 had established Boca Ciega Bay in Pinellas
County as a preserve. Therefore no action v/as taken on this area,
G-10.
10-21-69
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Trustees deferred action on A-9, G-6, G-8, G-11, G-12, G-13 and G-14
for further review and study by the staff in conference with the
objectors to determine if there were valid reasons for changing
some of the boundaries of those preserves.
Mr. Perry Odom of Tallahassee, Attorney representing Gulf American
Corporation, urged deferment of action on all of the aquatic preserves
for the reason that the firm had not known that specific areas were
to be established on this date in time to be present; he did not know
all the areas in which his client might be owners, but wanted to
register objections in any of those areas in which Gulf American
might be involved - which he could not now specify. The Director
said that one problem area v/as Pine Island, G-13.
Mr. Christian made a motion, then withdrew it, that additional hear-
ings be held on those areas \>;here there were questions and objections.
Governor Kirk said there should be no further public hearings with
advertised notices, that the Trustees would hear the additional
discussion or objections on the deferred areas.
The follov/ing persons objected to establishment of certain areas as
aquatic preserves and requested further hearings or that they have
opportunity to work with the staff to try to resolve the problems:
William J. Rich, County Attorney of Gulf County
Senator George G. Tapper
Fred Parker, as attorney for Pick Hollinger
Mayor of Port St. Joe
R. H. Elzie, Chamber of Commerce of Port St. Joe
v;ith respect to the above objectors to area G-5, motion was made by
Mr. Christian, seconded by Mr. Williams and Mr. Conner, and adopted,
that action be deferred on that preserve.
Mayor James S. Daley for the City of Apalachicola
Senator W. E. Bishop (objections by letters)
James T. McNeill
With respect to the above objectors to Area G-6, motion was made by
Mr. Christian, seconded by Mr . Williams and adopted, that action be
deferred.
Ralph Rooks
Judge James E. Conner
Ed Martin
With respect to the above objectors to Area G-8, motion was made by
Mr. Christian, seconded by Mr. Williams and adopted, that action
be deferred.
Vincent J. Hone represented Lee county conservation
Association with reference to areas G-11, G-12, but not
in objection.
Bruce J. Scott, Lee County Commission
F. Perry Odom for Gulf American corporation
Because of objections and acknowledged problems of ownership and
location of mean high water line, the Trustees deferred action on
areas G-11, G-12, G-13 and G-14 on the motion made by Mr. Christian,
seconded by Mr. Faircloth and Mr. Williams.
Arthur Hemphill, representing Organized Fishermen of Florida, said
his group would probably oppose any major change in the boundaries
that had been proposed and would like to be represented when changes
were discussed.
10-21-69
- 479 -
DUVAL COUNTY - Swamp Lands. Staff requested that approximately 160
acres of unsurveyed marsh lands lying in the eH of Section 33,
To\vnship 2 North, Range 27 East, Duval County, be withdrawn from
sale and that the Interagency Advisory Committee determine whether
or not the lands were suitable for inclusion in the proposed Nassau
River Marsh Aquatic Preserve. On motion by Mr .Adams, seconded by Mr
Faircloth and adopted, the Trustees approved the staff request.
On motion by Mr. Adams, seconded by Mr. Faircloth, the Trustees
received for the record the following report of income to the
Department of Natural Resources from holders of dead shell leases:
Lease No. Name of Company Amount
1718 Radcliff Materials, Inc. $ 9,473.91
1788 Benton & Company, Inc. 17,544.34
2233 Bay Dredging & Construction Company 5,492.32
Mr, Adams mentioned that at one time shell lease holders were in
arrears and asked if auditing was correctly done on the dredging of
oyster shell. Senator Randolph Hodges advised that Benton and
Company was in arrears, was making current payments and an arrange-
ment had been worked out by the new management to make payments on
the amount owed. He v/ould present a report for approval of the
Trustees within the next v;eek.
TRUSTEES FUNDS - On motion by Mr. Christian, seconded by Mr. Faircloth
and adopted, the Trustees designated an amount not to exceed
$25,000.00 for renovation of the unoccupied state-owned building
located behind the offices of the Division of Youth Services in the
Capitol Center.
With the approval of the Secretary of Administration, the designa-
tion would encumber monies already released for Capitol Center
Land Acquisition.
MONROE COUI'TTY - File No. 2242-44-253.12, Refund. Motion was made by
Mr. Christian, seconded by Mr. Adams and adopted, that the staff be
authorized to refund $50.00 of the application fee and deactivate
the purchase application by George A. James who had requested with-
drav;al of his application in view of the adverse biological report
submitted by the Department of Natural Resources on August 15, 1969.
TRUSTEES FUNDS - State School Trust Fund. On October 9, 1969, the
Trustees discussed and referred to the Attorney General for an
opinion the questions pertaining to payments to the State School
Trust Fund.
Mr. Apthorp advised that an opinion from the Attorney General (059-90)
had been received to the effect that payments to the school fund
should be twenty-five per cent of the proceeds from sale of all
state lands, and the staff would be governed thereby. Mr. Christian
said he v;as happy at thr.t decision.
DADE C0UI7TY - Aerojet-General Lease-Option to Purchase.
At the direction of the Trustees on October 14, 1969, the Aerojet-
General Corporation Lease-Option to Purchase was scheduled on this
date to allov; the lessee an opportunity to be heard. Both Trustees
and Strte Board of Education land was included in the ten-year lease
with option to purchase No. 1640-1640-S issued in 1961 covering a
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- 480 -
tract of 25,313 acres of land in southwest Dade County. The Director
said Mr. Elmer Nelson wished to be heard.
Motion v/as made by Mr. Faircloth that the application (to exercise
the option to purchase) be denied. Mr. Williams seconded the motion.
The Governor asked if that was the staff recommendation, to which Mr.
Ap thorp replied that the staff had reviewed the contract and felt it
was a binding contract, that the advice of the Attorney General was
different and he (the Attorney General) had recommended that the
lease-option be cancelled.
Mr. Nelson said he was manager of Aerojet-General Space Booster Plant,
had represented the company in the plant site search, negotiations
with the state that resulted in the contract, during construction,
activation and production involving an investment of about $20,200,000.00
and also other expenses including payment of taxes to Dade County on
the land, that they had complied with every condition of the contract
and still had confidence in the solid rocket fuel program. But due
to the turn toward liquid propellant fuel, employment had been cut to
fourteen, a custodial operation at present.
Governor Kirk said he was working to reactivate the solid fuel program
for the state and indicated that he doubted that the company would
turn av/ay from an investment of that size. Mr. Nelson said the
company believed such an investment was justified since it was based
on the document from the State of Florida.
Mr. Conner said he was concerned about the integrity of the State of
Florida, that everyone should live up to commitments, that perhaps the
company had not had sufficient time to prove the worth of solid fuel.
Having been on the board in 1961, he thought they had attempted to
assist the company and he was not concerned about whether it was a
bad deal or not but whether the lessee had performed.
Mr. Williams emphasized the discrepancy in expectations as to
employment, which would have given the area an economic boost but
to the contrary was now just a custodial operation.
Mr. Nelson said the news media had been cautioned from the beginning
that the reported employment had been overly optimistic, and the land
value had been highly exaggerated. They had no intention, he said, to
sell the land but to hold it for the original proposition for vmich
it had been set aside.
Mr. George W. Wright, Jr., attorney representing Aerojet-General
Corporation, had submitted a memorandum to the members disagreeing
with the position of the Attorney General, citing among other things
that Aerojet-General had a valid lease and option to purchase, had
never been informed that they had defaulted, and he urged the Trustees
and the Board of Education to act in accordance with the contract
executed in good faith.
Mr. Christian was concerned at any question of integrity of this or
previous boards and also at violations which the Attorney General
said had happened. He suggested asking the court for a declaratory
decree to determine if the lease-option was a legal binding
instrument.
Mr. Adams noted the obvious legal questions, but as a member of the
Board of Education in 1961 he thought a vast new industry was
proposed that somehow had not developed, and he was not willing to
sell valuable land for other purposes and felt that the original
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- 481 -
intent of the agreement v/as not being carried out. Mr. Adams said
he did not propose a substitute motion but he thought the original
intent v/ould be better protected with an extension of the lease
rather than sale, as that might assist the solid fuel program. Mr.
Conner said he would support an extension of the lease, he would
like to see the company perform, but he would vote against sale.
Mr. Faircloth said the option was incidental to the lease, that the
lease is in default for non-performance, and he made a motion that
it be declared void. Those voting for the motion were Messrs.
Williams, Conner and Adams. Governor Kirk voted "No." The motion
carried four to one.
Mr. Christian did not vote as he had desired to offer a motion to
ask for a declaratory decree from the court.
On motion by Mr. Christian, duly adopted, the action was recorded
and accepted as the minutes for the State Board of Education on
this matter.
On motion duly adopted, the meetin
ATTEST:
RESOLUTION
WHEREAS, the State of Florida, by virtue of its sovereignty,
is the owner of the beds of all navigable waters, salt and fresh,
lying within its territory, with certain minor exceptions, and
is also the owner of certain other lands derived from various
sources; and
WHEREAS, title to these sovereignty and certain other lands
has been vested by the Florida Legislature in the State of Florida
Board of Trustees of the Internal Improvement Trust Fund, to be
held, protected and managed for the long-range benefit of the
people of Florida; and
WHEREAS, the State of Florida Board of Trustees of the Internal
Improvement Trust Fund, as a part of its overall management program
for Florida's state-owned lands, does desire to insure the perpetual
protection, preservation and public enjoyment of dertain specific
areas of exceptional quality and value by setting aside forever
these certain areas as aquatic preserves or sanctuaries; and
V7HEREAS, the ad hoc Florida Inter-Agency Advisory Committee on
Submerged Land Management has selected through careful study and
deliberation a number of specific areas of state-owned land having
exceptional biological, aesthetic and scientific value, and has
recommended to the State of Florida Board of Trustees of the Internal
Improvement Trust Fund that these selected areas be officially
recognized and established as the initial elements of a statev;ide
system of aquatic preserves for Florida;
10-21-69
- 482 -
NOW, THEREFORE, BE IT RESOLVED by the State of Florida Board
of Trustees of the Internal improvement Trust Fund:
THAT it does hereby establish a statewide system of aquatic
preserves as a means of protecting and preserving in perpetuity
certain specially selected areas of state-owned land; and
THAT specifically described, individual areas of state-owned
land may from time to time be established as aquatic preserves and
included in the statewide system of aquatic preserves by separate
resolution of the State of Florida Board of Trustees of the Internal
improvement Trust Fund; and
THAT the statewide system of aquatic preserves and all individual
aquatic preserves established thereunder shall be administered and
managed, either by the said State of Florida Board of Trustees of
the Internal Improvement Trust Fund or its designee as may be
specifically provided for in the establishing resolution for each
individual aquatic preserve, in accordance with the following manage-
ment policies and criteria:
(1) An aquatic preserve is intended to set aside an exceptional
area of state-owned land and its associated waters for
preservation essentially in their natural or existing condition
by reasonable regulation of all human activity which might
have an effect on the area.
(2) An aquatic preserve shall include only lands or water
bottoms owned by the State of Florida, and such private lands
or water bottoms as may be specifically authorized for inclusion
by appropriate instrument from the owner. Any included lands
or water bottoms to which a private ownership chaim might
subsequently be proved shall upon adjudication of private owner-
ship be automatically excluded from the preserve, although such
exclusion shall 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.
(3) 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
v;ells 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.
(4) Specifically, there shall be no bulkhead lines set within
an aquatic preserve. ;vhen the boundary of a preserve is intended
to be the line of mean high water along a particular shoreline,
any bulkhead line siibsequently set for that shoreline will also
be at the line of mean high water.
(5) All human activity within an aquatic preserve shall be
subject to reasonable rules and regulations promulgated and
enforced by the State of Florida Board of Trustees of the Internal
Improvement Trust Fund and/or any other specifically designated
managing agency. Such rules and regulations shall not interfere
unduly with lawful and traditional public uses ofthe area, such
as fishing (both sport and commercial) , hunting, boating.
10-21-69
- 483 -
swimming and the like .
(6) 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 improve-
ment for ingress and egress, mosquito control, shore protection
and similar purposes may be permitted by the State of Florida
Board of Trustees of the Internal Improvement Trust Fund and
other jurisdictional agencies, after review and formal con-
currence by any specifically designated managing agency for the
preserve in question.
(7) Other uses of an aquatic preserve, or human activity
v;ithin a preserve, although not originally contemplated, may
be permitted by the State of Florida Board of Trustees of the
Internal improvement Trust Fund and other jurisdictional
agencies, but only after a formal finding of compatibility
made by the said Trustees on the advice of any specifically
designated managing agency for the preserve in question.
IN TESTIMONY VJHEREOF , the Trustees for and on behalf of the
State of Florida Board of Trustees of the internal Improvement Trust
Fund have hereunto subscribed their names and have caused the official
seal of said State of Florida Board of Trustees of the Internal
Improvement Trust Fund to be hereunto affixed, in the City of
Tallahassee, Florida, on this the 24th day of November A. D. 1969.
CLAUDE R. KIRK, JR.
Is)
Governor
TOM ADAMS
Secretary of State
EARL FAIRCLOTH
Attorney General
FRED O. DICKINSON, JR.
Comptroller
BROV^ARD WILLIAMS
(SEAL)
State of Florida Board of
Trustees of the Internal
Improvement Trust Fund
Treasurer
FLOYD T. CI-IRISTIAIJ
Commissioner of Education
DCYLE CONNER
Commissioner of Agriculture
As and Constituting the State of
Florida Board of Trustees of the
Internal Improvement Trust Fund
10-21-69
- 484 -
Tallahassee, Florida
October 28, 1969
The State of Florida Board of Trustees of the Internal Improveraent
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
Fred 0. Dickinson, Jr. Comptroller
Floyd T. Christian Commissioner of Education
Doyle Conner Commissioner of Agriculture
James W. Apthorjy Executive Director
On motion duly adopted, the Trustees approved minutes of the meeting
of October 21, 1969.
It was decided that there would be no meeting on November 11, but
that the Board would meet on the Tuesday following that date. It is
noted in the minutes for the reason that the Advance Agenda attached
to the October 28th minutes had shown a Collier County bulkhead line
and application to purchase scheduled for November 11th v/hich will be
scheduled for November 18th instead.
BREVARD COUNTY - Bulkhead Line Revisions, Section 253.122
Florida Statutes.
The staff recommended approval of three revised bulkhead lines
established by the Board of County Commissioners of Brevard County
described below, for which all required exhibits were furnished and
there were no objections at the local hearing.
1. The Board of County Commissioners of Brevard County on August 15,
1958, by resolution relocated a bulkhead line in Sebastian Inlet
in Section 20, Township 30 South, Range 39 East, Brevard County.
The biological report showed that the submerged land v/as sandy,
unvegetated, and not considered valuable for commercial or sport
fishing .
2. The Board of County Commissioners of Brevard County by resolution
adopted on September 4, 1969, relocated a bulkhead line at the
mean high water line (elevation +0.4 ft. MSL) at Horti Point in
Sections 17, 18, 19 and 20, Township 25 South, Range 37 East,
Brevard County. The line was relocated at the recommendation of
Interagency Advisory Committee Report No. 1.
3. The Board of County Commissioners of Brevard County by resolution
adopted July 3, 1969, relocated bulkhead lines in the Indian River
at the mean high water line (elevation +0.4 feet MSL), excepting
therefrom submerged lands previously sold and submerged lands
having a valid fill permit effective this date. The relocation
was for the south Brevard County area and was in accordance with
recommendations of Interagency Advisory Committee Report No. 1.
Motion was made by Mr. Christian, seconded by Mr. Dickinson and Mr.
Adams, and adopted, that the Trustees approve the three bulkhead lines
as relocated by the Board of County Commissioners.
10-28-69
485 -
DADE COUNTY - City of Islandia, Biscayne National Monument.
Pursuant to authorization of the Trustees on October 14, 1969, the
following fourteen (14) owners of land lying within the Biscayne
National Monument had been notified that their applications would be
deactivated and application fees refunded. The staff received no
objections.
Motion was made by Mr. Christian, seconded by Mr. Dickinson and
adopted, that tlie following files be deactivated and that application
fees of the following applicants be refunded:
File Number Applicant
T237-I3-253.I2 Annabel H. Smith
1296-13-253.12 Juanita A. Gosser
1299-13-253.12 Esther T .Shocksnider
1397-13-253.12 William H. Krome, et al
1454-13-253.12 Henry R. Bicknell, et ux
1455-13-253.12 Henry R. Bicknell, et ux
1534-13-253.12 Howard M. Bouterse
1567-13-253.12 Malcolm G. MacNeill
1663-13-253.12 James M. Feaster
1736-13-253.12 John F. Michel
1761-13-253.12 C. B. Kniskern, Jr.
1765-13-253.12 Armando Garcia, et ux
1886-13-253.12 J. S. W. Davis, et ux
1896-13-253.12 John R. Brons, et ux
MONROE COUNTY - File No. 2124-44-253.12, To Be Advertised.
Application from Charles D. Riggs, et ux, for purchase of a parcel
of sovereignty land abutting fractional Section 19, Tovmship 63
South, Range 38 East, 1.78 acres at Plantation Key, Monroe County,
was scheduled for presentation this date. However, the staff was
unable to contact the applicant regarding modification of the appli-
cation and recommendation for denial.
On motion by Mr. Adams, seconded by Mr. Christian and adopted,
consideration was deferred until November 4, 1969, to allow ample
time to notify the applicant.
MANATEE COUNTY - File No. 2257-41-253.03, Dedication.
The City of Palmetto by resolution adopted August 4, 1969, requested
dedication of 11.84 acres of sovereignty land in Manatee River
abutting Section 23, Tov/nship 34 South, Range 17 East, Manatee
County, for a period of thirty years. The area was originally
dedicated under Instrument No. 23100 and 23100A. Authority was
requested to issue dedication containing public purpose and non-use
reverter covenant.
On September 9th the Board authorized advertisement for objections
only and at the time the agenda was prepared no objection had been
received. Subsequently two objections were filed and the Director
said he would like delay of a week to give him an opportunity to
discuss the application with representatives from the city who were
present on this date but had not contacted him.
Mr. Christian had received calls asking the purpose for which the
city would use the land. He suggested the matter be brought back to
the Board when the Director had that information.
Mr. Harlee, attorney representing several objectors, requested post-
ponement as he thought the objections might be worked out. Mr. J. R.
10-28-69
- 486 -
Blue, City Attorney, said that the submerged land was already dedicated
at one time, that the city had asked for rededication to set oil: in the
instrument more specifically the uses to which the land miglt be put.
Motion was made by Mr. Dickinson, seconded by Mr. Adams and adopted,
that the matter be deferred for thirty days.
MOITOOE COUNTY - Disclaimer.
Robert E. Livingston requested an instrument to clear title to a
parcel of filled sovereignty land containing 0.018 acre on Maloney
Key abutting Section 30, Township 64 South, Range 36 East, Monroe
County. The land was included in a dedication dated June 20, 1951,
by the Trustees to the Florida Board of Parks, was released from the
dedication by resolution of the Florida Board of Parks and Historic
Memorials on May 16, 1955, was subsequently conveyed by the Trustees
on August 10, 1955, by Deed No. 20992, however the resolution releas-
ing the land from said dedication was lost and was never placed in
the public records of Monroe County.
Applicant had also requested appropriate action by the Department of
Natural Resources and the staff advised that it was expected to be
placed on that agenda for action, also.
On motion by Mr. Christian, seconded by Mr. Adams and adopted, the
Trustees approved issuance of ex parte disclaimer upon receipt of
$100.00 processing fee.
MARTIN COUNTY - File No. 2264-43-253.03, Right of Way Easement.
The Florida Department of Transportation requested easement for right
of way for State Road No. 714, Parcel No. 108. IR, Section 89090-2503,
covering 0.14 acre of bottom land of Poppleton Creek in Section 8,
Toa^nship 38 South, Range 41 East, Martin County. No dredging or
filling was contemplated.
The Department of Natural Resources reviewed the application and
had no objections.
On motion by Mr. Ad£ims, seconded by Mr. Dickinson and adopted, the
Trustees granted the request for right of way easement.
BROWARD COUNTY - Dredge Permit, to Improve Navigation,
Section 253.123, File 387.
R. E. Bateman applied for a permit authorizing the dredging of an
area 40 feet wide by 60 feet long in front of his dock in Section 20,
Township 48 South, Range 43 East, Broward County. He tendered check
for $50.00 as minimiom payment for material to be removed and placed
on upland property.
The Department of Natural Resources biological survey report
indicated no adverse effects.
On motion by Mr. Christian, seconded by Mr. Adams and adopted, the
Trustees approved issuance of the dredge permit.
MOI^OE COUNTY - Dredge Permit, To Improve Navigation,
Section 253.03, File 136.
M. Lewis Hall applied for permit to dredge a standard navigation
channel 5 feet by 50 feet by 2,000 feet in the Atlantic Ocean in
Section 15, Township 64 South, Range 36 East, Monroe County.
10-28-69
- 487 -
The Department of Natural Resources biological survey report was
not adverse.
On motion by Mr . Adams, seconded by Mr. Christian and adopted, the
Trustees approved issuance of the dredge permit.
LEB COUNTY - Fill Permit, Section 253.124, File 100.
Joel G. Niper tendered check in the amount of $300.00 as payment
for after-the-fact fill permit for a dredging operation at Lots 12,
13, 14, Block A, River's Edge Subdivision, Caloosahatchce River, City
of Fort Myers, Florida. Staff recommended acceptance of the payment
at the penalty rate.
On motion by Mr. Christian, seconded by Mr. Adams and adopted, the
Trustees approved the application for after-the-fact fill permit
and accepted the payment oZ $300.00.
PINELLAS COUNTY - Dredge Permit, To Improve Uplands, Section 253.123,
Florida Statutes.
East Madeira corporation applied for permission to dredge on sub-
merged land the firm owned in Section 2, Tovi/nship 31 South, Range 15
East, Pinellas County. In addition, applicant requested 4,000 cubic
yards of material to be removed from sovereignty land and tendered
check in the amount of $400.00 as payment.
The Department of Natural Resources biological report was not adverse,
and staff recommended approval.
On motion by Mr. Christian, seconded by Mr. Dickinson and adopted,
the Trustees approved the dredge permit and accepted payment for
the material requested.
MARTIN COUNTY - Dock Permit, Section 253.03 Florida Statutes.
The Division of Parks and Recreation of the Department of Natural
Resources applied for permission to construct a commercial dock for
Jonathan Dickinson State Park in Loxahatchee River in Section 16,
To\mship 40 South, Range 42 East, Martin County. All required
exhibits were furnished, but the Division requested waiver of the
$100 processing fee since the general public would be served.
Motion was made by Mr. Dickinson, seconded by Mr. Conner and adopted,
that the state commercial dock permit be issued without charge for
Jonathan Dickinson State Park.
AQUATIC PRESERVES. On October 21, 1969, the Trustees deferred action
on a number of the aquatic preserves recommended by the Interagency
Advisory Committee pending further study by the staff in conference
with objectors to determine the validity of the protests to estab-
lishment of preserve boundaries as proposed.
Mr. Apthorp said he Was prepared to present further recommendations
and there were some present who wished to be heard by the Board.
He distributed to the members copies of the policy resolution and
the one individual aquatic preserve resolution that were approved
last week.
1. A-9 or Indian River - Vero Beach to Fort Pierce (Indian River
and St. Lucio Counties) aquatic preserve was brought up first.
Secretary of State Tom Adams said he had asked that this preserve be
held in abeyance, that the Town of St. Lucie Village immediately
10-28-69
- 488 -
north of Palm Beach wanted to be included in the preserve. Also, he
described the area (including a navigation channel which had been
originally dredged for a sand shipping operation) that had been
purchased by Ed Link for location of scientific oceanographic
activities. The oceanographic work should be taken into account,
he said.
To accomplish both things, Mr. Adams made a motion that Aquatic
Preserve A-9 be approved with the boundaries amended to include the
Town of St. Lucie Village and with the provision that the Trustees
v/ould accept a reasonable program for the area acquired for the
scientific oceanographic activities as described. Motion was
seconded by Mr. Christian and adopted.
2. G-14, Cape Romano - Ten Thousand Islands (Collier County).
The Director advised that the objections by Gulf American had been
v/ithdrawn as to this area.
On motion by Mr. Adams, seconded by Mr. Dickinson and adopted, the
Trustees approved the establishment of this aquatic preserve,
designated as G-14 on the map.
3. Supplemental Aquatic Preserve, Rookery Bay (Collier County) .
Rookery Bay aquatic preserve was recommended by the Interagency
Advisory Committee after submission of Report No. 2, in connection
v/ith the Rookery Bay Conservancy project. Mr. Apthorp said it had
been overlooked last week, and recommended approval.
On motion duly adopted, the Trustees approved establishment of
Rookery Bay Aquatic Preserve.
4. G-13, Pine Island Sound (Lee County) .
The Director recommended approval, and advised that Gulf American
had removed objections.
Motion was made by Mr. Christian, seconded by Mr. Adams and adopted,
that the Trustees approve establishment of Pine Island Sound Aquatic
Preserve designated as G-13 on the map.
Mr. Charles Edwards, an attorney from Fort Myers, Florida, on behalf
of several small ownerships in G-11, G-12 and G-13, objected to
the preserves until accurate legal descriptions of the boundaries
were available. He said the Trustees had received copies of a
resolution from the Board of County Commissioners of Lee County
requesting postponement and another public hearing with descriptions
available so it could be determined what land was included, that at
the public hearing in March and by six written requests to the
Trustees and the Board of Conservation they had requested to be
notified of any further proceedings, that they did not object to the
concept of aquatic preserves and realized that only state-owned
land was intended to be included - but the burden of proof was on
the private owners who felt their title would be clouded. Mr.
Edv/ards said there was a virtual moratorium in Lee County now,
anyway, and requested postponement for those small owners as the
Board had granted for the Gulf American interests.
Mr. Dickinson said the objection was to the erroneous inclusion of
private land within the boundaries, that problems could be created
for the private land owners, &nd that small ownerships could not
afford law suits to quiet title.
Mr. Martin Northrup representing Florida Audubon Society, pointed
out that public hearings had been held by Senator Randolph Hodges
on all proposed preserves, that objections should have been presented
10-28-69
- 489 -
at that time and it might be unfair to permit certain special
interests to be heard at great length at this time.
The Director pointed out that almost every paragraph of the resolu-
tions mentioned state -owned land. He assured the Governor and the
other members that the staff was always willing to go over property
line descriptions with private owners.
Mr. Adams said the determination between private and state-owned land
would have to be made at some time, that the resolution states that
they were trying to jeopardize no private property rights.
Approval of G-13 stood.
5. G-12, Matlacha Pass (Lee County) .
Mr. Richard DeBoest, the regular counsel for Gulf American corporation,
said that firm was in favor of the concept of preserves and wished
to have included about 4,800 acres of land which they bought in 1961
at a cost of some one million dollars. Hov/ever, with regard to
certain areas along Matlacha Pass and as to access to the open waters
for about 50,000 acres of Cape Coral, he asked for additional time
to work out the details of a proposal considered by the Trustees on
May 20, 1969. Mr. Apthorp said problems of overfill and land exchange
were involved, that two surveying teams had been hired by the staff.
He had written out a suggestion which Mr. DeBoest said was agreeable.
(Quoted below)
Motion was made by Mr. Adams, seconded by Mr. Christian and adopted,
that G-12 aquatic preserve be approved with this understanding: "The
eastern boundary of the Matlacha Pass aquatic preserve borders land
owned by General Acceptance Corporation. This area has been the
center of much controversy related to the establishment of bulkhead
lines and, in fact, no lines exist in the area. By the same token,
no sales of submerged lands have been made. As soon as matters in the
Caloosahatchee River have been resolved, we will enter into discus-
sions with GAC concerning the property line between public and private
ownership. These discussions may result in the exchange of instru-
ments with GAC to firmly establish the boundary of the preserve."
6. G-6, Apalachicola Bay (Franklin and Gulf Counties) was taken
up next.
Mr. Apthorp had conferred with Mayor James S. Daley of Apalachicola
and with Mr. Jim McNeill, and certain changes in the boundaries
appeared to be acceptable although the city had taken no official
action.
The exclusion of Indian Lagoon was questioned by Mr. and Mrs. George
Yost. It was explained, and the need to dredge to remove silt from
productive oyster areas where Mr. McNeill conducted commercial
fishing operations.
On motion by Mr. Christian, seconded by Mr. Adams and adopted, the
Trustees approved the changed boundaries for aquatic preserve G-6,
deleting Indian Lagoon but including all of St. Vincents Island,
excepting the marsh lands lying on the westerly side of the Apalachi-
cola River within the City of Apalachicola to allow industrial and
port development.
7. G-11, Cape Haze - Gasparilla Sound (Charlotte and Lee Counties) .
Objections were presented to the Trustees. Mr. Leo Wotitzky said
that Cavanaugh Leasing Corporation and the Cape Haze Corporation
owned about 8,000 acres of land included within the preserve
boundaries, that the language in the resolution, "Any included lands
10-28-69
- 490 -
or v;ater bottoms to which a private ownership claim might subse-
quently be proved shall upon adjudication of private ownership be
automatically excluded from the preserve" placed the burden of proof
in court on the private o\^^ler. He said they recognized the substan-
tial value of the area and wanted to see some in state ownership but
establishing the preserve now would be premature and might damage
their title and development plan.
Mr. Dewey Dye spoke with reference to the resolution and the legal
matters raised by the resolution, particularly the requirement for
adjudication of private ownership. m that area the boundary lines
of private and public ownership can only be established by survey or
possibly by agreement, but meanwhile some areas shown on the map
inside the preserve were clearly upland, Mr. Dye maintained. The
matter had come up at the public hearing but the land was included in
the proposed preserve, and until there was a more definite descrip-
tion of the preserve, he requested deferment.
The Director said the resolutions were very carefully drawn, reviewed
by the Attorney General's office and the Interagency Advisory
Committee, and in their opxnion no property titles were clouded.
Mr. Stephen Marc Slepin, Assistant Attorney General, reiterated that
the resolutions were carefully worded, the only lands included would
be state-owned lands, privately-owned lands would be automatically
excluded. As to the word adjudication, he said it could be read into
the record that adjudication could be by this Board, that private
owners would not have to go to Court.
Governor Kirk wanted it understood that adjudication might be by the
Trustees, that private property ownership might be proved without
requiring private o^vners to go to Court. The Trustees were concerned
that as much as 8,000 acres had been shown in the preserve, although
claimed as private ovmership, and Mr. Dickinson said the only way it
could be upset would be to go to Court. Mr. Apthorp said neither
the Board nor the staff was trying to assert ownership to everything
within the boundaries shown on the map, that the staff would work
with the private owners on the preserve descriptions. Mr, Dickinson
said it should be excluded now, that he thought all were in agreement
about the need for aquatic preserves but the mechanics were the
problem.
On motion by Mr. Christian, seconded by Mr. Dickinson and adopted,
the Trustees deferred action on G-11 until November 18th.
8. G-8, St. Martins Marsh (Citrus County) .
Judge James E. Conner and other public officials had met with the
staff on Friday. The Director said to his knowledge this was the
only area where a public body had a planning program under way, and
he recommended deferment for 90 days pending receipt and study of
their plan.
Motion was made by Mr. Christian, seconded by Mr. Dickinson and
adopted, that action on G-8, St. Martins Marsh preserve, be deferred
for 90 days.
9. G-5, St. Joseph Bay (Gulf County) .
The staff had met with a group interested in this aquatic preserve
resulting in a determination that objections to the proposed
boundaries were valid, and changes in the original boundary were
indicated by the Director on a map, excluding a strip 1,320 feet
wide lying on the easterly shore of St. Joseph Bay commencing at
the south city limits of port St. Joe and extending southerly to
the north line of the Hollinger submerged land purchase. Then from
10-28-69
- 491 -
the south city limits of Port St. Joe a line was extended
diagonally across St. Joseph Bay to the westerly edge of the ship
channel in the Bay and thence running northerly along said channel
to its confluence with the open waters of the Gulf of Mexico and
thence to a point three miles offshore in the Gulf of Mexico.
Offshore areas previously sold were excluded. Mr. Apthorp said
they would have been excluded by the language in the resolutions,
in his opinion.
Senator George Tapper thanked the Board, on behalf of all the
civic associations, the County Commissioners and the City Commis-
sioners, for the delay and consideration that had been granted to
them. He said the above described boundary change was not just
what they desired but was the closest to the three alternatives
they had suggested, and that he was authorized to say that all those
he represented were in favor of the concept of aquatic preserves.
On motion by Mr. Christian, seconded by Mr. Adams and adopted, the
Trustees approved G-5, St. Joseph Bay aquatic preserve, with the
boundaries recommended by the Director on this date.
Governor Kirk again referred to the word adjudication and the
problem it raised in private owners' minds. The Director assured
him that the staff would enter into discussion with upland owners
and would use everything at the state's disposal to try to arrive
at boundary lines.
Mr. Apthorp advised the members that several questions had been
raised related to subparagraph six (6) in the policy or concept
resolution:
(6) 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 State of Florida Board of
Trustees of the Internal Improvement Trust Fund and other
jurisdictional agencies, after review and formal concurrence
by any specifically designated managing agency for the preserve
in question.
In order to clarify its meaning, the follov/ing policy statement
suggested by the Director was approved on motion by Mr. Christian,
seconded by Mr . Adams, and adopted.
"Similar purposes" referred to in the second sentence v;ould
include docks, both private and commercial, so long as they
do not interfere with public enjoyment and use of the preserve.
This paragraph also includes normal drainage of uplands and in
no way is intended to inhibit the use of private ly-ov;ned uplands
so long as publicly-owned bottoms are not unduly disturbed.
At Mr. Apthorp ' s request, the Trustees directed that a letter of
appreciation be sent to Senator Randolph Hodges and the other members
of the Interagency Advisory Committee, who had spent a great deal of
time on the work of the committee and deserved the thanks of the
Board.
Secretary of State brought up the matter of encroachment upon state
land, mentioning a reported instance in the Sebastian River and
ownership of some islands. He said the Board had heard much from
10-28-69
- 492 -
owners fearing state encroachment on their land but he wanted to
call attention to actions of some private owners and put them on
notice that there are considerable encroachments, that the staff
was av/are of it and would move as soon as possible to take proper
action, that it was the responsibility of the Board.
Governor Kirk said that v/as a statement to which the entire Board
agreed.
SUBJECTS Ul-IDER CHAPTER 13296
REFUND - Staff requested authority for refund of $30.00 submitted
by Richard A.Lawrence, for the reason that the Department of Trans-
portation declined to recommend release of the state road right of
way reservations contained in Brevard County Murphy Act Deed Nos .
505 and 541.
On motion by Mr. Conner, seconded by Mr. Dickinson and adopted, the
Trustees authorized issuance of refund in the amount of $30.00.
On motion duly adopted, the meeting w.
ATTEST :
* * *
10-28-69
- 493 -
Tallahassee, Florida
November 4, 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 0. Dickinson, Jr. Comptroller
Broward Williams Treasurer
Floyd T. Christian Commissioner of Education
Doyle Conner Commissioner of Agriculture
James W. Apthorp Executive Director
On motion duly adopted, the Trustees approved minutes of the
meeting of October 28, 1969.
PINELLAS COUNTY - Bulkhead Line, Segment No. "2".
The Trustees deferred until December 2, 1969, the consideration of
Segment No. "2" bulkhead line adopted on April 9, 1969, by the
Pinellas County Water and Navigation Control Authority.
MONROE COUNTY - File No. 2124-44-253.12; Denial and Refund.
Charles D. Riggs and wife, represented by James T. Glass, applied
to purchase a parcel of sovereignty land abutting fractional Section
19, Township 63 South, Range 38 East, 1.78 acres at Plantation Key
in Monroe County.
In view of the adverse biological survey report from the Department
of Natural Resources (dated October 14, 1968, from Board of Conser-
vation) , staff was of the opinion that the parcel should not be
sold. Applicant suggested cutting back the proposed purchase area
but offered no specific plan for use of the parcel.
On motion by Mr. Adams, seconded by Mr. Dickinson and adopted, the
Trustees denied the application to have the land advertised for
objections, directed that the file be deactivated and $50.00 of the
applicant fee refunded.
MONROE COUNTY - File No. 2244-44-253.12, To Be Advertised.
Vincent M. Drost of Sugar loaf Shores, Florida, applied to purchase
a parcel of sovereignty land in Sugarloaf Channel abutting Govern-
ment Lot 1, Section 31, Township 66 South, Range 28 East, 0.86 acre
at Cud joe Key in Monroe County. Applicant offered $1,505.00 for
the parcel, valued at $1,750.00 per acre, for the purpose of real
estate development.
The biological report dated August 25, 1969, noted that the proposed
channel would have adverse effects on marine biological resources
of the area. However, the applicant significantly modified his
project so as to diminish adverse biological effects and staff
recommended advertisement.
On motion by Mr. Adams, seconded by Mr. Christian and adopted, the
Trustees authorized advertisement of the parcel for objections only.
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BREVARD COUNTY - File No. 2267-05-253.03, Right of Way Easement.
The Department of Transportation requested easement for right of way-
covering 73.23 acres in the Indian River and 85.83 acres in the
Banana River in Township 26 South, Range 37 East, Brevard County,
for construction of State Road 404 (Pineda Expressway) , Section
7004-2503, Parcel 187.1. The parcels were needed for causeway and
bridge approaches. Easements had previously been granted for bridges.
The biological survey report submitted by the Board of Conservation
dated October 2, 1968, in connection with this project was adverse.
On motion by Mr. Adams, seconded by Mr. Christian and adopted, the
Trustees authorized issuance of the easement requested by the
Department of Transportation.
OKALOOSA COUNTY - File No. 2265-46-253.03, Right of Way Easement.
The Department of Transportation requested easement embracing 0.6
acre over bottoms of shoal River in Section 5, Township 2 South,
Range 23 West, Okaloosa County, for right of way for State Road 85,
Parcel 102.1, Section 57050-2506.
The project had been reviewed by the Department of Air and Water
Pollution Control which offered no objections.
On motion by Mr. Adams, seconded by Mr. Christian and adopted, the
Trustees authorized issuance of the right of way easement.
COLUMBIA COUNTY - Right of Way Easement.
The Department of Transportation requested an easement over certain
land in Section 12, Township 2 South, Range 15 East, and Section 7,
Township 2 South, Range 16 East, Columbia County, for construction
and/or improvement of State Road 136. The Stephen Foster Memorial
Commission reviev/ed and approved the request for easement across
part of the Stephen Foster Memorial land near White Springs, Florida.
On motion by Mr. Williams, seconded by Mr. Adams and adopted, the
Trustees authorized issuance of the requested easement.
LEE COUNTY - Dredge Permit, Section 253.124(6) Florida Statutes.
Staff requested authority to issue a dredge permit under the provi-
sions of Section 253.124(6) to Gulf American Corporation, Fort Myers
Construction Division, Cape Coral, Florida, for removal of silt from
a stream flowing into Glover Bight adjacent to the Caloosahatchee
River in Sections 22 and 23, Township 45 South, Range 23 East, Lee
County. Upland construction activities caused siltation of the
stream and the Trustees by law could direct removal of such material,
Motion was made by Mr. Williams, seconded by Mr. Adams and adopted,
that the Trustees direct removal of the silt under permit issued
under Section 253.124(6) Florida Statutes.
LEE COUNTY - Dredge Permit, Section 253.123 Florida Statutes.
Mr. Apthorp requested deferment of an application from West Valley
Estates, Inc., pending a showing of hardship.
MONROE COUNTY - Dredge Permit, Section 253.03 Florida Statutes.
Venture Out in America, Inc., represented by Bailey, Mooney, Post
Associates, Inc., requested a permit for dredging a perimeter
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navigation channel 6 feet deep, 100 ft. wide and approximately 3/4
mile long. Payment for the material was tendered.
The biological report was adverse. As a result of extensive nego-
tiations by the staff with the applicant, to compensate for
destruction of marine biological resources the applicant was willing
to relocate portions of the channel and to construct parking and
boat launching ramp on the causeway leading to Kemp Channel. On
that basis, Mr. Apthorp recommended approval of the dredge permit.
On motion by Mr. Christian, seconded by Mr. Adams and adopted, the
Trustees approved issuance of the dredge permit for navigation
channel on the basis recommended.
MONROE COUNTY - Dredge Permit, Section 253.03 Florida Statutes.
Captain Floyd Davis applied for permit to construct a boat basin
60 ft. wide by 5 ft. deep and a navigation channel 30 ft. by 5 ft.
and 200 ft. long connecting applicant's upland with Buttonv;ood
Sound adjacent to Key Largo in Section 29, Township 61 South, Range
39 East, Monroe County. Approximately 1, 100 cubic yards of rock
would be removed from the proposed channel and basin, and used in
construction of a breakwater.
The biological study indicated adverse effects limited to the actual
channel and boat basin. On October 28, 1969, the Department of
Natural Resources approved construction of the breakwater.
On motion by Mr. Dickinson, seconded by Mr. Adams and adopted, the
Trustees authorized issuance of the dredge permit.
MONROE COUNTY - Dredge Permit, Section 253.03 Florida Statutes,
Frank A. Martin applied for permission to dredge to minus-25 ft. in
a 200-foot segment of a navigation channel approved under File No.
16 on April 2, 1968, at Plantation Key in Florida Bay, Monroe County.
He tendered $740.00 as payment for the 7,400 cubic yards of overdredge
material to be placed on uplands.
The Department of Natural Resources biological report indicated
that the additional excavation would have little additional effect
on marine life.
On motion by Mr. Christian, seconded by Mr. Williams and adopted,
the Trustees approved issuance of the requested dredge permit.
PALM BEACH COUNTY - Dredge Permit, Section 253.123 Florida Statutes,
File No. 843-50-253.124.
Douglas H. Miller applied to purchase an additional 45,000 cubic
yards of material to be removed from the authorized dredge area and
deposited on adequately diked upland property. He tendered
$4,500.00 as payment for the additional material.
On motion by Mr. Christian, seconded by Mr. Williams and adopted,
the Trustees approved the application.
PINELLAS COUNTY - Dredge Permit, Section 253.123 Florida Statutes.
Pinellas County Water and Navigation Control Authority issued a
dredge permit, subject to Trustees' approval, for a standard naviga-
tion channel in St. Josephs Sound in Section 11, Township 28 South,
Range 15 East, Pinellas County, to George F. Saunders of Dunedin,
Florida.
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The Department of Natural Resources biological report was not
adverse to the project to improve navigation.
On motion by Mr. Adams, seconded by Mr. Williams and adopted, the
Trustees approved the application.
ST. LUCIE COUNTY - Dredge Permit, File 326, Section 253.123 F. S.
Iowa Land and General Development Co., Inc., Delray Beach, Florida,
applied for a permit to dredge an additional 138,000 cubic yards of
material from a navigation access channel 15 ft. by 100 ft. by 3,330
ft. long, in the Indian River adjacent to submerged land heretofore
purchased encompassing Nettles Island. Applicant tendered payment
of $13,800 for the spoil material to be placed upon upland property.
Dredge and fill permits had previously been issued for the overall
development project. The application was a modification and would
facilitate construction.
The biological report submitted on July 15, 1969, was adverse.
Staff had placed a favorable recommendation on the agenda but prior
to the board meeting on this date found the application was within
aquatic preserve A-10. Mr. Apthorp said the recommendation was
therefore changed and apologized for the staff error. He pointed
out that the navigation channel was designed for two purposes, to
provide access and to provide fill material, and that Mr. Evans
Crary, Jr., would like to be heard on behalf of the applicant. The
staff was working on a policy relating to navigation wiiMn preserves
and requested deferment for two weeks.
Mr. Crary recalled his appearance before the Trustees in December
1967 for extension until 1970 of a then-existing permit, his
conferences with the staff regarding access channel, on-site inspec-
tion and approval by a staff member, information given him at the
aquatic preserve hearing in Stuart that the area was not in the
preserve, reconfirmed by the staff several weeks ago and therefore
he had not appeared at the Trustees' recent hearing. He e:cplained
that the overall project was in progress, the dredge in place with
limited time to complete the access channel to tie in with others
already in place and was for a marina for eleven hundred people,
that only last week he was advised that the additional fill material
required payment which they had tendered. His client had tried to
cooperate and a delay of two weeks would increase their difficulties.
Mr. Dickinson said the request was reasonable particularly v;ith the
applicant's attempt to comply with requirements and his agreement
to work closely witli the staff to meet the provisions of the policy
for navigation channels that the staff was working on, and he would
approve the request. Mr. Williams seconded that approval.
Mr. Apthorp said he would prefer deferment until the policy relating
to navigation channels in aquatic preserves was completely developed
and presented to the Trustees for consideration, but the standard
channel dimensions of 50 ft. by 5 ft. would not solve the applicant's
problem and he had not agreed to a reduction in size. The staff
regretted not having identified the area as being in the aquatic
preserve .
Mr. Christian commented that under the circumstances he didn't see
hov; it would hurt the state. Mr. Dickinson added that the staff
did not intend it this way and was doing a great job; he liked
the cooperative spirit shown here.
Mr. Crary agreed to a possible solution offered by the Director -
for the real problem of getting a dredge in to a site and getting
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material - that the Trustees authorize the staff to work out whatever
minimum dimensions were necessary for the access channel to the area
for which the applicant had an existing permit.
On that basis the motion by Mr. Dickinson, seconded by Mr. VJilliams,
was adopted, with Mr. Adams voting "No."
SARASOTA COUNTY - Maintenance Dredging, Section 253.123 F. S.
Sarasota county issued Minor V^ork Permit No. 70-3, subject to
Trustees' approval, to C. G. Chambers and W. R. Fowler for dredging
to improve navigation in Lemon Bay in Section 27, Township 40 South,
Range 19 East, Sarasota County. The Department of Natural Resources
advised that no biological report was necessary, that the area was
already silted.
On motion by Mr. Christian, duly adopted, the Trustees approved
issuance of the dredge permit.
BROWARD COUNTY - Dock Permit, Section 253.03 Florida Statutes.
On motion by Mr. Christian, seconded by Mr. Williams and adopted,
the Trustees approved issuance of state dock permit to Lauderdale
Yacht Club for a commercial dock in the Stranahan River in Section
11, Township 50 South, Range 42 East, Broward County, for which all
required exhibits and $100.00 processing fee were furnished.
GLADES COUNTY - Grazing Lease Nos. 2226 held by Ray D. Chamberlain,
Clewiston, and 2237 held by T. M. Beck, Moore Haven, on reclaimed
lake bottom land in Lake Okeechobee, for grazing purposes only with
an annual rental of $3 per acre and subject to cancellation on
90-day written notice, expiring soon, were recommended for exten-
sion for a period of 90 days at the current rental. Lessees had
requested 3-year renewal; however, staff felt that a review of the
lease terms and an inspection of the land were necessary.
Mr. Adams noted that some leases had been reviewed but it appeared
that state leases were not bringing contemporary rates paid for
private lands leased, tlBt some state lands might not be used for
the purpose for which the leases were issued, and he called for an
immediate review. Mr. Conner asked if the land was native or
improved pasture (which would make a wide variation in rental)
and suggested that assistance might be found in the Comptroller's
Tax Guide.
Mr. Christian made a motion, which was adopted, that the leases be
extended for only 30 days while the staff prepared a report for
the Trustees on the proper rent to be charged.
BROWARD COUNTY - Corrective Deed.
On motion by Mr. Williams, seconded by Mr. Adams and adopted, the
Trustees approved issuance of a corrective deed for handling charge
of $25.00 as requested by Charles M. Prince, attorney, to clarify
uncertain portions of the legal description in Trustees Deed No.
19903 dated December 31, 1952, to Alva Richard Taylor, et ux.
TRUSTEES FUNDS - Request from the Secretary of Administration
was presented for expenditure of an eunount not to exceed $27,587.00
for renovation and repairs to the Governor's Office and the Mansion.
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Estimates based on figures supplied by the Department of General
Services showed $15,587.00 required for the work in the Capitol
basement (large press room) and $12,000.00 for emergency repairs to
the heating and air conditioning system at the Mansion. Actual
transfer would be based on bids not to exceed a total of $27,587.00.
The Director said the request was received on Friday because of a
serious condition at the Mansion. He asked for a policy decision
authorizing use of funds set aside for capitol center land acquisi-
tion, such use having been expanded previously for renovation of an
old building. He said about $300,000 was set aside for acquisition
and he felt that renovation of buildings should be limited or little
would remain for land acquisition.
Members asked a number of questions. Mr. Sam Tucker, Secretary of
Administration, advised that it would be possible legally to secure
funds from the Deficiency Fund, that space needed by the Governor's
office in the basement had been used in the past as a press room.
Mr. Blakemore advised that the deficiency at the Mansion was a design
problem and old equipment, that preliminary plans had been made, that
individual press offices would not be affected.
Mr. Adams said he would make a motion for approval for work that
needed to be done, but over the years Trustees' funds had been
called on for such uses and loans were hard to collect. Mr. Apthorp
recommended that if approved, it be made as a grant.
^f® On motion by Mr. Adams, seconded by Mr. Conner, and adopted, the
minutes trustees authorized grant of Trustees' funds for use as explained,
^^* ^' the actual transfer to be based on bids not to exceed a total of
$27,587.00.
BUDGET - The Director requested approval of the Legislative Budget
Request and Operating Cost Reduction Report submitted to the Trustees
on November 3, and after approval to be submitted to the Department
of Administration.
On motion by Mr. Adams, seconded by Mr. Christian and adopted, the
Trustees granted approval.
1969
Mr. Adams mentioned receipt of letters regarding Gum Slough Drainage
District in Monroe County which reportedly might affect Everglades
National Park and shrimp areas. He asked the Director and Senator
Hodges of the Department of Natural Resources to look into the
matter. Mr. Apthorp said the staff had nothing pending. Mr. Hodges
said there was a reservation in a conveyance and the statutes
provide for creation of a drainage district. The matter would be
further investigated.
CONCURRENCE IN DEPARTMENT OF EDUCATION MATTER. Motion was made by
Mr. Dickinson and duly carried that the Trustees concur in action
taken on this date by the Department of Education approving the
substitution of the Board of Regents of the State of Florida as
substitute trustees for the State Board of Education as Trustees
of the Nellie Swanson Fulk Memorial Trust.
Petition for removal and substitution of trustees will be filed in
the Circuit Court in Alachua county, Florida, and explains the need
for this change in order that some $28,000 which has been set aside
by the U. S. Department of Housing and Urban Development may be
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obtained for construction of new housing facilities for the Colle-
giate Living Organization in Gainesville, Florida.
On motion duly adopted, the me
ATTEST: \AMAjLL
EXECUTIVE DIRfCTOR
* * *
Tallahassee, Florida
November 18, 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:
Tom Adams
Earl Faircloth
Broward Williams
Doyle Conner
James W. Ap thorp
Secretary of State, Acting Chairman
Attorney General
Treasurer
Commissioner of Agriculture
Executive Director
On motion duly adopted, the Trustees approved minutes of the
meeting of November 4, 1969.
BAY COUNTY - Bulkhead Line, Easements, Dredge, Fill and Dock Permits,
Without objection the advance agenda rule was waived in order to
consider five agenda items related to the Panama City-Bay County
Airport and Industrial District. The bulkhead line was urgently
needed for the construction of an extension to the existing runway
at Fanning Field for installation of electronic landing aids. Also
easements, dredging area, dredge and fill permits, and a dock
permit were applied for, as follows:
1. Bulkhead Line. The Board of County Commissioners of Bay
County by resolution adopted November 4, 1969, fixed and located
a bulkhead line in Goose Bayou in Section 18, Township 3 South,
Range 14 West, Bay County. The biological survey report was not
adverse and at the time of preparation of the agenda no objections
had been received. Subsequently one objection was filed in writing
from J. W. Gerde whose objection was not specific. He was not
present at the meeting on this date.
Staff recommended approval of the bulkhead line.
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2. Easement, File No. 2273-03-253.03. Bay County requested
easement embracing 5.7 acres of sovereignty land in Goose Bayou
abutting Sections 18 and 19, Township 3 South, Range 14 West, to be
used for installation of electronic landing devices at the airport.
Also, the county requested easement for a strip of sovereignty land
25 feet in width extending 3,700 feet into Goose Bayou for the
purpose of installation of power cable to a navigation light. The
same biological report mentioned above, dated September 5, 1969, was
not adverse with regard to the easements and permits requested by
Bay County.
3. Temporary Easement, Dredge Area. Bay county requested easement
covering 6.8 acres in Goose Bayou for dredging area to be used in
filling sovereignty land under File No. 2273-03-253.03. Dredging
area had been relocated to conform to recommendations of tlie biologi-
cal report that indicated the project should have only limited
adverse effects.
4. Dredge Permit, Section 253.123 Florida Statutes, File 360;
Fill Permit, Section 253.124 Florida Statutes;
File No. 2273-03-253.03.
The Board of County Commissioners of Bay County issued a dredge and
fill permit to Panama City-Bay County Airport and Industrial
District to remove 60,000 cubic yards of material from a dredge
easement area in Section 18, Township 3 South, Range 14 West in
Goose Bayou, Bay County. The material would be used to fill 9.37
acres, more or less, of which 5.7 acres were granted under easement
in Sections 18 and 19, Township 3 South, Range 14 West.
5. Dock Permit (Commercial), Section 253.03 Florida Statutes,
Aircraft Navigation Beacon.
Panama City-Bay County Airport and Industrial District applied for
permit to install an aircraft navigation beacon in North Bay in
Section 18, Township 3 South, Range 14 West, Bay County. Waiver of
the $100 processing fee was requested in view of the public nature
of the project.
Mr. Apthorp recommended approval of the above applications which
were of great urgency because a proposed extension of the runway
might be delayed, jeopardizing FAA approval of the installations.
On motion by Mr. Faircloth, seconded by Mr. Williams and adopted,
the Trustees approved the bulkhead line, easements described in 2
and 3 above, dredge and fill permits in 4, and dock permit in 5 .
COLLIER COUNTY - Bulkhead Line. Section 253.122 Florida Statutes.
The Board of County Commissioners of Collier County by resolution
adopted September 16, 1969, located and established a bulkhead line
around part of Helen Key and Fred Key in Sections 26, 27, 34 and 35,
Township 52 South, Range 26 East, Collier County. All required
exhibits were furnished. There were no objections at the local
hearing .
The biological survey report from the Department of Natural Resources
indicated that the line approximated the line of mean high tide in
most segments, appeared to exclude significant areas of red
mangrove, and any future channel dredging should be done in a way
that would protect the large areas of these mangroves.
The area did not lie within the Aquatic Preserve designated G-14
as revised.
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On motion by Mr. Faircloth, seconded by Mr. Conner and adopted, the
Trustees approved the bulkhead line adopted by Collier County.
HILLSBOROUGH COUNTY - Bulkhead Line, Section 253.122 Florida
Statutes. The Board of County Commissioners of Hillsborough County
by resolution adopted October 22, 1959, located and established a
bulkhead line in Hillsborough Bay lying westerly of Black Point at
Hooker Point in Township 30 South, Range 19 East, Hillsborough
County. All required exhibits were furnished. There were no
objections at the local hearing.
The biological survey report indicated that the area was committed
to industrial and port development due to heavy siltation, filling
and spoiling, but that every effort should be made to minimize silta-
tion of lower Hillsborough Bay from dredging and filling in that
area.
On motion by Mr. Faircloth, seconded by Mr. Williams and adopted,
the Trustees approved the bulkhead line adopted by Hillsborough
County on October 22, 1969.
DUVMj COUNTY - File No. 2211-16-253.12 - Land Sale.
For the reason that five members were not present as required for
disposition of land, the Trustees deferred action on a land sale
applied for by Georgia industrial Realty Co. and advertised for
consideration of confirmation on this date.
COLLIER COUNTY - File No. 2236-11-253.12, Application to be
Advertised. Naples Yacht Club, Inc., represented by Walter S. Condon,
made application for a parcel of sovereignty land in Naples Bay
abutting Tier 8, Block 6, Replat of Tiers 3 to 10, Plat Book 1, Page
76, public records of Collier County, in Section 10, Township 50
South, Range 25 East, Collier County, containing 0.69 acre. Staff
had ordered an appraisal on October 15, 1969.
The biological report dated October 20, 1967, was not adverse,
stating that the project as planned would not materially affect
marine resources or ecology in Naples Bay. The Interagency Advisory
Committee reaffirmed the location of the bulkhead line. The appli-
cant proposed to expand yacht club facilities.
The City of Naples v/as making satisfactory progress on review of its
bulkhead lines, and the staff recommended that the parcel be adver-
tised for objections only.
Mr. Faircloth asked whether the five-member rule would apply, to
which the Director replied that authority to advertise was the first
step but the staff did not consider that five members were required
to authorize the advertisement, and that the appraisal would be at
hand when the application was considered for sale.
On motion by Mr. Williams, seconded by Mr. Faircloth and adopted, the
Trustees approved advertisement of the parcel for objections only.
DADE COUNTY - Fill Permit, Section 253.124 Florida Statutes,
File NO. 24971(2106~13)-253.124.
Leo Witz, Trustee, Winston Development Corp., requested approval of
fill permit issued by Dade County on September 24, 1969, for filling
11-18-69
502 -
an area of abandoned river bed conveyed to the applicant on May 27,
1969, by the Trustees. No dredging was contemplated. The applicant
had stated that delay would cause hardship. Staff considered the
request valid and placed the application on the agenda for action
under the hardship provision of the policy adopted on July 1, 1969.
The biological report submitted on June 17, 1969, as it affects the
river bed indicated that it was silty and supported no vegetation.
The island referred to in the report was in private ownership and
would be included in the development.
Motion was made by Mr. Faircloth, seconded by Mr. Williams and adopted,
that the Trustees approve the fill permit issued by Dade County under
provisions of Section 253.124 Florida Statutes.
HILLSBOROUGH COUNTY - Dredge and Fill Permit, File No. 1931-29-
253.124, Apollo Beach Project.
On August 12, 1969, the Trustees authorized 90-day conditional
permit to Francis J. Corr, Paul B. Dickman and Robert E. Lee & Co.,
represented by Danforth Browne, for the continuance of dredging and
filling of Parcel 8 in the Apollo Beach development project, in the
unsurveyed part of Section 16, Township 31 South, Range 19 East,
Hillsborough County. The applicants complied with the requirements
of the conditional approval to submit a status report of the total
project, a plan of further development that would indicate dredge
and fill areas, proposed profiles and estimated quantities of material
to be excavated.
Applicant requested a permit for dredging and approval of Hillsborough
County fill permit issued on June 25, 1969. Staff had advised the
applicants that the permits, if approved, would contain certain
performance requirements similar to those imposed upon the Curtiss-
Wright project on Perico Island in Manatee County.
Mr. Apthorp mentioned the discussion on August 5 and 12, 1969,
negotiations with the applicant, and presented the following staff
recommendations with respect to the regular permit:
1. All conditions relating to installation of spillway pipes and
their maintenance to be similar to those set forth in the temporary
permit issued August 12, 1969.
2. The same standards relative to turbidity in the temporary
permit to be included in the regular permit.
3. After completion of first stage dredging a dike surrounding
the area to be filled shall be constructed and properly maintained
to prevent the slurry from breeching the impoundment area.
4. A suitable performance bond shall be executed and delivered
to the Trustees prior to commencement of any dredging and filling.
Staff recommends that bond be in the amount of $39,000, computed
at the rate of $300 per acre, on the basis that approximately 130
acres of sovereignty land could be damaged if dredging contractor
fails to carry out terms of the permit.
On motion by Mr. Faircloth, seconded by Mr. Williams and adopted,
the Trustees authorized issuance of a dredge permit and approved
the fill permit issued by Hillsborough County, subject to all the
above staff recommendations.
11-18-69
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DUVAL COUNTY - Dredge Permit, After-the-fact.
Imler Earthmovers, inc., of Jacksonville, Florida, applied for after-
the-fact dredge permit for removal of 1,980 cubic yards of material
from Fishing Creek in Section 42, Township 3 South, Range 26 East,
Duval County. All the material had been placed on upland and appli-
cant tendered check in the amount of $594.00, at the penalty rate
(three times the regular rate) for the material removed. No
biological report was required for the completed project.
Motion was made by I>lr . Williams, seconded by Mr. Faircloth and
adopted, that the Trustees authorize issuance of the permit.
CLAY COUNTY - Dredge Permit, Section 253.123, File 402.
Hou da i lie -Duval -Wright Company of Jacksonville, Florida, applied for
permit to dredge two 100 ft. wide by 6.0 ft. deep navigation
channels in Doctors Lake in Township 4 South, Range 26 East, Clay
County. The channels would aid the applicant in constructing a
bridge over the la'ce. On completion of the project, the spoil would
be replaced to the original bottom depth.
The Department of Natural Resources biological survey report was not
adverse.
On motion by Mr. Faircloth, seconded by Mr. V7illiams and adopted,
the Trustees approved the dredge permit to improve navigation.
ESCAMBIA COUNTY - Dredge Permit, Section 253.123, File 397.
Westinghouse Electric Corporation applied for permission to dredge
a 200 ft. by 200 ft. turning basin and a channel 10 ft. deep, 100 ft.
v^ide and 4,000 ft. long in Escambia Bay in Section 6, Township 1
South, Range 29 West, Escambia County. Material removed would be
placed on applicant's upland.
The Department of Natural Resources biological survey report was
not adverse.
On motion by Mr. Conner, seconded by Mr. Williams and adopted, the
Trustees authorized issuance of the permit to dredge for navigation
improvement purposes.
SARASOTA COUNTY - Dredge Permit, Section 253.123, File 395.
Mara Beach, Inc., applied for permit to dredge a navigation channel
75 ft. wide by 7 ft. deep in Buttonwood Bayou in Section 6, Township
36 South, Range 17 East, Sarasota County. $50 check was tendered
as payment for the overdredge material.
Department of Natural Resources biological survey report dated
September 15, 1969, was not adverse.
On motion by Mr . Faircloth, seconded by Mr. V/illiams and adopted,
the Trustees authorized issuance of the dredge permit to improve
navigation.
COLLIER COUNTY - Dredge Permit, Section 253.124(6), Removal of
Unauthorized Fill.
Staff requested authority to direct G. Lloyd Sheehan, represented
by Thomas T. Trettis, Jr., City Attorney of Naples, Florida, to
remove fill material which was placed without authxity, from a spit
in Sections 14 and 15, Township 50 South, Range 25 East, Naples Bay,
11-18-69
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Collier Coxinty.
The Department of Natural Resources advised that no biological
survey was required for removal of the unauthorized fill.
On motion by Mr. Faircloth, seconded by Mr. V7illiams and adopted, the
Trustees granted the authority requested by the staff to direct
removal of the unauthorized fill material under provisions of
Section 253.124(6) Florida Statutes.
PINELLAS. COLLIER. DADE COUNTIES - Dock Permits, Section 253.03 F. S.
On motion by Mr. Williams, seconded by Mr. Faircloth and adopted, the
Trustees approved the following applications for state commercial
doc3c permits for $100 processing fee for each:
1. Pinellas County - Dock permits approved by Pinellas Coxinty
Water and Navigation Control Authority, subject to Trustees'
approval, to
(a) Arthur Camire, 11875 Third Street East, Treasure
Island, Florida, to construct a dock in Boca Ciega Bay
in Section 14, Township 31 South, Range 15 East
(b) Arthur L. Johnson, 11875 Third Street East, Treasure
Island, Florida, to construct a dock in Boca Ciega Bay
in Section 14, Township 31 South, Range 15 East
2. Collier County - R. A. Griff is of Marco, Florida, to construct
a marina facility in Section 5, Township 52 South, Range 26
East, Marco Island, Collier County
3. Dade County - The Marine Exhibition Corporation, Miami, Florida,
to construct two timber dolphins in Section 20, Township 54
South, Range 42 East, Biscayne Bay, Dade County
FRT^KLIN COUNTY - Permit for Oyster Watch House.
Mr. Olan Ward, holder of Oyster Lease No. 525 containing 463.3 acres
of submerged land in Big Bayou of St. Vincent Sound in Franklin County,
requested authority to construct an oyster watch house on his leased
area to shelter a v/atchman for surveillance of cultivated oyster beds.
Staff recommended permit without charge for construction and main-
tenance of a watch house no larger than 400 square feet, for so long
a period of time as the oyster lease was in effect.
The Department of Natural Resources reviewed and approved the request.
Also, the St. Vincent National Wildlife Refuge, upland owner within
300 feet of the site, approved the structure and location.
Mr. Adams asked if it might open a door for other such structures.
Mr. Conner asked if it would be a storage place. The Director
explained that it would permit around-the-clock surveillance and
would be recommended only where an oyster lease existed.
On motion by Mr. V7illiams, seconded by Mr. Faircloth and adopted,
the Trustees authorized issuance of the permit as recommended by
the staff.
PALM BEACH COUNTY - Disclaimer, File No. 2270-50-253.129.
Brockway, Owen and Anderson Engineers, Inc., on behalf of Mrs. Mary
Dular Weigel, applied for disclaimer to filled sovereignty lands
11-18-69
- 505 -
in Lake Worth abutting Lot 7, Block 1, Jefferson Park, according
to plat recorded in Plat Book 1, Page 90 of the Public Records of
Palm Beach County, being a subdivision in Section 27, Township 43
South, Range 43 East, Palm Beach County. The parcel containing
0.313 acre, more or less, was filled prior to June 11, 1957, the
effective date of the Bulkhead Act.
On motion by Mr. Williams, adopted without objection, the Trustees
authorized issuance of disclaimer for the $100 processing fee.
HILLSBOROUGH COUNTY - Easement.
The Department of Transportation requested easement over and across
0.014 acre in Section 16, Township 28 South, Range 19 East, Hills-
borough County, for construction and/or improvement of State Road
No. 582 (Fowler Avenue) . The small parcel to be used for right of
way would not materially interfere with present use of the area as
a resident engineer's office by the Department of Transportation.
On motion by Mr. Faircloth, adopted without objection, the Board
authorized issuance of the easement.
ST. JOHNS COUNTY - Easement.
The City of St. Augustine requested an easement for construction of
a sanitary sewer line under the East 10 feet of Lots 67, 83, 84 and
85, Nelmar Terrace Subdivision per plat in Map Book 1, page 1, St.
Johns County public records, being land in use by the School for the
Deaf and the Blind. The school recommended the easement.
On motion by Mr. Conner, seconded by Mr. Williams and adopted, the
Trustees authorized issuance of the easement to the city.
MARTIN COUNTY - Refund.
Staff recommended that the amount of $5,360.00, previously placed in
escrow with the Trustees, be returned to the estate of the late
Vince "Trapper" Nelson. On May 6, 1969, an exchange of 360 acres
of Jonathan Dickinson State Park property was authorized, and the
857.5 acres received in the exchange was affected by a questionable
provision in the Nelson will reserving to the heirs one-half of
the oil and mineral rights. Attorneys for the Nelson estate were
successful in their efforts to have the Court declare the said
provision in the will to be void as an unlawful restraint against
alienation. Deeds were on file from the heirs of Vince Nelson,
quitclaiming their interest in the oil and mineral rights to the
Trustees. As the Trustees now held the full oil and mineral
interest in the land, it was in order to return the amount placed
in escrow as the appraised value of the oil and mineral rights in
the 85 7.5 acres deeded to the state.
On motion by Mr. Faircloth, seconded by Mr. Williams and adopted,
the Trustees authorized refund of the $5,360.00 which had been
placed in escrow.
POLK COUNTY - Refund.
On motion by Mr. Faircloth, seconded by Mr . Williams and adopted,
the Trustees authorized cancellation of permits and refunds to the
following parties who had done no 'Work under their dredge and fill
permits and requested refunds:
11-18-69
- 506 -
1. $95 refund to Robert L. Blanding, Babson Park, Florida,
Permit No. 253.03-20
2. $500 refund to S. H. Chelated, Haines City, Florida,
Permit No. 253.03-99
MONROE COUNTY - The Trustees deferred consideration of a request for
a duplicate deed in lieu of one lost before recording, for the
reason that only four members were present.
MONROE COUNTY - Proposed Channel, Florida Keys Junior College.
On request of the staff, the Trustees deferred for one week the
consideration of bid proposal received as a result of advertisement
authorized on September 25, 1969, for competitive bids for 2,280,000
cubic yards of limestone material to be removed from a channel to be
constructed in the Gulf of Mexico in Monroe County.
DADE COUNTY - Erosion at Golden Beach.
Melvin T. Boyd, an attorney representing a group of residents of
Golden Beach in Dade County, Florida, and Francis Miller, Town
Attorney, appeared before the board in regard to an erosion problem
of great urgency. In explaining the situation, Mr. Boyd said about
a year ago a structure was allowed to be built out into the Atlantic
Ocean across the county line in Broward County which had caused
serious erosion from scouring action, damaging valuable property and
homes on the south side of the county line in Dade County, that the
offending structure appurtenant to the Parker-Dorado Apartments in
Hallandale, Broward County, was built over state sovereignty land,
that his clients and residents of Golden Beach urged the Board to
order removal of the structure which had caused erosion as shown on
a number of photographs, that the situation had been immeasurably
aggravated by recent weather and wave action so that immediate
relief and emergency funds were requested.
Mr. Adams said there were problems all along the coast line, that a
structure can affect adjoining properties and the staff would be
asked to look into the situation and make a recommendation to the
Trustees who would be amenable to anything within their authority
and resources, that the applicants should contact Mr. Bill Carlton
of the Department of Natural Resources to work out a program which
the Trustees would be happy to cooperate with within their legal
responsibility and means.
Mr. Faircloth asked whether removal of the offending structure
would restore the beach, and whether in the excavation for the
building they had placed a fill seaward to create land.
Mr. Adams mentioned the limited appropriation made by the Legislature
to cover the entire coast line of Florida, and his regret that the
situation had reached such an emergency status before being called
to the Board's attention.
Mr. Apthorp said the matter would be pursued jointly by the staff
of the Trustees and the Department of Natural Resources. He added
that the residents were in litigation with Parker-Dorado and both
parties would be contacted to try to arrive at some solution as to
emergency relief - but they must proceed carefully.
11-18-69
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TRUSTEES FUNDS - Secretary of State Adams had attended a meeting of
the Pensacola Historical Restoration and Preservation Commission
and learned of their grant from the United States Department of
Housing and Urban Development, of required matching funds being
needed as the said Commission funds were exhausted, and Mr. Adams
felt that a loan of Trustees' funds at a reasonable interest rate
might be a wise investment. $157,000 was needed for purchase of
valuable waterfront property.
Without objection, at Mr. Adams' request the staff was asked to look
into the request for loan and make a recommendation to the Board.
POLICY - Navigation Channels Within Aquatic Preserves.
On October 21, 1969, the Trustees had adopted a resolution that set
in motion the creation of a system of aquatic preserves in various
areas embraoing sovereignty and other types of state-owned lands
throughout the State of Florida. From the standpoint of conserva-
tion and preservation of marine biological resources within the
preserves, the staff recommended that when navigational channels
were permitted by the Trustees, such channels be dredged of suffi-
cient size to accommodate all reasonable traffic, with the intent to
minimize future maintenance dredging and serve as large an upland
area as practicable.
Mr. Apthorp said that in reviewing an application for a navigation
channel, the staff would try to see that channels were placed where
the least damage would occur to marine biological environment, also
where the channels would be of greatest use and of sufficient size
to avoid requirement of frequent maintenance .
On the recommendation of the staff, motion was made by Mr . Faircloth,
and adopted without objection, that the Trustees adopt a policy that
encourages single large navigation channels and requires payment for
all material excavated calculated at the minimum rate of 10<: per
cubic yard with no deductions for yardage as heretofore allowed in
the construction for the standard minus-five feet mean low water by
fifty feet wide bottom width channel. The charge represents compen-
sation for damage to the marine biological environment and payment
would be made irrespective of spoil area location. Those publicly
funded authorized navigation channel projects would be exempt from
such charges in the administration of this policy.
The above policy was adopted with reference to navigation channels
within aquatic preserves.
Action was deferred on consideration of policy recommendations with
respect to reclaimed lake bottom lands.
On motion duly adopted, the meeting was adjourned.
SECRETARY OE STATE - ACT
ACTING CHAIRMAN
ATTEST :
(\ EXECUTIVE DIRECTOR #
11-18-69
- 508 -
Tallahassee, Florida
November 25, 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:
Tom Adams Secretary of State, Acting Chairman
Fred O. Dickinson, Jr. Comptroller
Broward Williams Treasurer
Floyd T. Christian Commissioner of Education
Doyle Conner Commissioner of Agriculture
James W. Apthorp Executive Director
On motion duly adopted, the Trustees approved minutes of the meeting
of November 18, 1969.
DUVAL COUNTY - File No. 2211-16-253.12.
At the request of the applicant, Georgia Industrial Realty Co., the
Trustees deferred consideration of sale of a parcel of sovereignty
land in the St. Johns River in Duval County until December 16, 1969.
COLLIER COUNTY - File No. 2154-11-253.12, Land Exchange, Sale,
Dedication, Clearing Title.
On September 30, 1969, the Trustees heard a proposal of Collier-Read
Company involving all those submerged and sovereignty lands lying
within Development Tracts A» B, C, D and E, according to the Collier-
Read Tract Map, Plat Book 8, Pages 46 and 47, public records of
Collier County, in Township 51 South, Range 26 East, within a
previously approved bulkhead line about which the biological report
stated, "This bulkhead line represents a compromise between maximum
development and no disturbance of the subject area ... to protect
certain productive areas from dredging and filling." The applica-
tion was advertised in the Naples Daily News, proof of piiblication
filed in the Trustees' office.
Presented by Paul T. O'Hargan of Tri-County Engineering, the
application proposed to convey 500 acres to the Trustees and
together with the Trustees 337.44 acres to The Nature Conservancy,
a private foundation; applicant desired to obtain title to 167.85
acres of Trustees' land within the established bulkhead line;
applicant would dedicate 320.55 acres to collier County for public
waterways; and applicant would convey an additional 57.14 acres to
The Nature Conservancy. Appraisal of the 167.85 acres to be
conveyed to Collier-Read was $250 per acre or $41,960 for the land
to be used for real estate development.
The Director said this was the final step in a project, that the
many details and planning efforts of the owners of upland property
and the staff resulted in a series of agreements that would serve
the best interests of the public as well as the developer, that it
was a model of cooperation between developer and Trustees.
Instruments had been prepared for execution, carrying out the
follo\-;ing staff recommendations:
1. collier-Read to convey record title to non-existent lands
11-25-69
- 509 -
bayward of established bulkhead line in exchange for non-
existent water areas landward of said bulkhead line, between
U. S. meander lines. Difference in acreage is not to be
considered.
2. Collier-Read to convey to Trustees and Trustees to dedicate
conservation areas as indicated on Tract Map, to The Nature
Conservancy. The dedication to be authorized on the date of
confirmation of sale to Collier-Read.
3. The Trustees will waive fees for fill material to be removed
from channels in those areas lying inside U. S. meander line.
4. All fill materials obtained from channels outside the U. S.
meander line will be subject to the usual 10<: per cubic yard
charge. The applicant's engineer to furnish certificate as
to estimated quantities of material at time application is
submitted for dredge permit.
5. Trustees to convey to the Collier-Read Company 167.85 acres
of submerged and sovereignty land at the appraised value of
$41,960.
Mr. Adams recalled the earlier presentation of the bulkhead line,
and was assured by the Director that action on this date implemented
the earlier decision of the Trustees on the bulkhead line and the
general planning presented at that time.
Interested parties present included Norman Herring of Collier-Read
Company, George Huntoon, Paul T. O'Hargan and Joel Kuperberg. The
latter represented The Nature Conservancy. Mr. Herring tendered
check in the amount of $41,962.50.
On motion by Mr .Williams, seconded by Mr. Christian and adopted, the
staff recommendations listed above were approved, check was accepted,
and the instruments were executed by those present with absent
members' signatures to be affixed later. I4r. Apthorp presented to
Mr. Kuperberg the dedication to The Nature Conservancy of those
areas designated as conservation areas, containing reversion clause
in the event the private foundation ceased to exist or fulfill the
purpose for which the lands were dedicated.
LEE COUNTY - File No. 2194-36-253.12, Land Sale.
The Captiva Islands Company, represented by Emmet B. Anderson, had
applied for 4.0 acres, more or less, of sovereignty land in Pine
Island Sound and Chadwick Bayou abutting fractional Sections 22 and
23, Township 45 South, Range 21 East, Lee County, being that part
of said Pine Island Sound and Chadwick Bayou lying between the
present mean high water line and the bulkhead line as established
by the Board of County Commissioners of Lee County on May 22, 1968.
The Trustees approved the bulkhead line on May 16, 1969, application
was placed on the agenda on September 30 and authorized for adver-
tisement under the hardship policy. Notice of sale was published
in the Fort Myers News-Press, proof of publication filed, and
numerous objections received. Applicant offered $1,000 per acre,
or total offer of $4,000. Appraisal dated August 25, 1969, valued
the land at $250 per acre.
The biological survey report from the Board of Conservation stated
that this was an excellent bulkhead line and development proposal
cuid demonstrated that with cooperation and understanding, the best
interests of conservation and development might be served.
11-25-69
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Approximately eighty objections were filed which were reviewed by the
staff, and the main issue appeared to be one of location of the line
of mean high water. The staff had conferred with the surveyor who
prepared the maps and description of the subject area and v/ho indi-
cated that the line of mean high water was located based upon datum
traditionally used by surveyors in the county area. Staff recommended
that the objections be overruled and sale confirmed.
Representing Lee County Conservation Association, and presented two
additional letters of objection, Vincent Hone requested that the
application be denied or postponed until further studies could be
carried on in the area to locate the true high water mark. He said
the proposed sale of 4 acres was based on a survey which grossly
misrepresented the actual acreage of submerged land involved, that
incorrect tidal datum plane figures were used, that the appraised
value was too low as estuarine lands were worth more in annual
production to the state, that valuable red mangrove areas were
involved, and that the biological report was made based on the incor-
rect mean high water line. He said another survey should be made and
pointed out that the parcel lay within the boundaries of the Aquatic
Preserve System (0-13) .
Mr. Anderson, on behalf of the applicant, said the mean high tide
line used was that used for years in the establishment of the mean
high water mark, that the Coast and Geodetic Survey work in the area
was not complete, that competent engineers' advice had been secured,
that the biologist surveyed and reported it v/as a good bulkhead line,
that there was no opposition at the local hearing, and that objectors
had presented no contrary conservation reports. The applicant had
owned and paid taxes on 129 acres for 10 years, and his predecessor
in title for about 20 years.
Mr. Apthorp said it pointed up the problem of a lack of final
determination of the mean high water line, that the staff had
discussed with the Coast and Geodetic Survey the need to proceed as
fast as possible to complete the work started with the Mean High
Water Committee, and in the interim the staff should rely on the
tidal data that were used and was reluctant to challenge the ability
of the registered land surveyors. There would be a period of time
before the pilot project in Lee County was complete, and the staff
found that the Board had adopted a recommendation of the Mean High
Water Committee that permanent uniform standards be prepared for the
use of professional land surveyors and engineers - which had not yet
been done. He advised that the Society of Registered Land Surveyors
was in the process of adopting Guidelines which the staff would
review and would ask the Coast and Geodetic Survey to review. The
staff was reluctant to put the Board in the position of saying that
a man who owns 129 acres actually owns only some 20 acres, the
Director said.
Mr. Adams commented that herein lay the difference between the four
acres on the application and the eighty acres the objectors referred
to, that descriptions depend on where the mean high water line was
located. The staff recognized the differences of opinion and the
Board had spent considerable time, effort and money ($250,000 this
year) to produce what as the final product will resolve the questions,
Motion was made by Mr. Williams, seconded by Mr. Christian, and
adopted, that sale of the advertised parcel be confirmed at the
price offered.
PUTNAM COUNTY - File No. 2279-54-253.03, Dedication.
11-25-69
- 511 -
The Board of County Commissioners of Putnam County (Putnam County
Port Authority) by resolution adopted November 4, 1959, requested
dedication of 21.151 acres of sovereignty land in St. Johns River
abutting Section 37, Tovvmship 9 South, Range 25 East, Putnam County,
to be used in conjunction with Putnam County Barge Port. Applicant
requested waiver of the two weeks advance agenda period in order to
meet proposed contract dates. Staff recommended advertisement for
objections only.
The biological survey report was not adverse, stating that the
proposed site has apparently been subject to paper mill pollution,
the submerged lands in the vicinity were not vegetated, and that
development of either site as a barge port should not have signifi-
cant adverse effects on marine or aquatic life in the area.
On motion by Mr. Christian, seconded by Mr. Williams and adopted,
the Trustees authorised advertisement for objections only.
DADE COUNTY - File No. 2280-13-253.03, Easement.
The Department of Transportation requested easement covering 3.8
acres of sovereignty land in Biscayne Bay abutting Sections 9 and 10,
Tov/nship 53 South, Range 42 East, Dade County, to be used in construc-
tion of State Road 828 (79th Street Causeway) , Section 87080-2505 ,
Parcel 103.1.
No dredging or filling was proposed within the area of the request,
and tlie Department of Natural Resources had no objection or
recommendation on the project.
On motion by Mr. Williams, seconded by Mr. Christian and adopted,
the Trustees granted the request for easement.
LEON COUNTY - File No. 2281-37-253.03, Easement.
The Department of Transportation requested easement over 1.0 acre
of bottoms of Ochlockonee River in Section 14, Township 1 North,
Range 2 West, for construction of State Road 8 (I-IO) , Section
55320-2403, Parcel 117.1, Leon County.
No dredging or filling was proposed within the cirea of the request,
and the Department of Natural Resources had no objection or
recommendation on the project.
On motion by Mr. Williams, seconded by Mr. Christian and adopted,
the Trustees granted the request for easement.
ORANGE COUNTY - Easement, Park Land. Florida Gas Transmission
Conpany of Winter Park, Florida, requested an easement for installa-
tion and maintenance of a 24-inch natural gas pipeline through
Sections 27 and 34, Township 20 South, Range 28 East, in Wekiwa
Springs State Park, Orange County. The company offered $1,000 for
easement 25 feet wide parallel and adjacent to an existing pipeline
easement granted in 1959 by former owners of the land.
The Division of Recreation and Parks had reviewed and recommended
approval of the request, which was also approved on this date by
the Department of Natural Resources.
On motion by Mr. Williams, seconded by Mr. Christian and adopted,
the Trustees authorized issuance of the easement for the price
offered by Florida Gas Transmission Company.
11-25-69
- 512 -
On motion by Mr. Cliristian, seconded by Mr. Williams and adopted,
the Trustees reconfirmed approval of the following disclaimer and
easements which were approved on November 18 by four members:
1. Palm Beach County - File No. 2270-50-253.129, Disclaimer
applied for by Brockway, Owen and Anderson Engineers, Inc., on
behalf of Mrs. Mary Dular V^eigel, of 0.313 acre of filled
sovereignty land in Lake Worth, Palm Beach County; $100 charge.
2. Bay County - File No. 2273-03-253.02, Easement requested by Bay
County covering 5.7 acres of sovereignty land in Goose Bayou
for electronic landing devices at the airport. Also, easement
across a strip of sovereignty land 25 feet wide extending 3,700
feet into Goose Bayou for installation of power cable to
navigation light.
3. St. Johns County - Easement, Institution Land. Easement requested
by the City of St. Augustine for a sanitary sewer line under the
East 10 ft. of Lots 67, 83, 84 and 85, Nelmar Terrace Siibdivision,
being land used by the School for the Deaf and the Blind.
4. Hillsborough County - Easement to the Department of Transporta-
tion across 0.014 acre in Section 16, Township 38 South, Range
19 East, for construction of State Road No. 582.
MONROE COUNTY - Duplicate Deed. On motion by Mr. Williams, seconded
by Mr. Christian and adopted, the Trustees authorized issuance of a
duplicate deed for $25 handling charge, as requested by Fred A. Bee
in lieu of Trustees Deed No. 21058 dated October 25, 1955, which was
lost prior to recording in the public records.
BAY COUNTY - Aquaculture Lease. On October 7, 1969, the Trustees
authorized advertising for sealed bids for a commercial aquaculture
lease of 2,500 acres of submerged land in West Bay, Bay County.
Application had been received from Marifarms, Inc., of Panama City,
Florida. Notice inviting bids was published in the Tallahassee
Democrat and the Panama City News pursuant to law, proofs of publi-
cation filed, and all riparian upland owners within 1,000 feet of
the area proposed for lease and the Board of County Commissioners of
Bay County were notified by certified mail.
Bidding consideration was the highest annual rental offered with a
minimum rent as follows: first l^j years $3 per acre, 1^ through
5 years $5 per acre, and 6 through 10 years $10 per acre. Term was
10 years subject to renewal for additional 10 year periods, and a
royalty would be assessed after the first ih years' operation.
One bid was received and opened at the advertised time, from
Marifarms, Inc., offering $4 per acre for the first IH years, $6
per acre for the period from 1*5 years through 5 years, and $10 per
acre for the period from 6 years through 10 years.
However, written objections had been filed during the 30-day notice
publication period, and by law the Trustees were required to hold
a public hearing to hear and consider objections. The Staff recom-
mended a hearing on December 8th at a place in Bay County to be
designated in an advertisement. The Director suggested that the
Board appoint Mr. Herbert Benn, Assistant Attorney General, as
hearing officer.
11-25-69
- 513 -
Motion was made by Mr. Williams, seconded by Mr. Christian and
adopted, that the Trustees receive the bid, authorize a public hear-
ing to be held in Bay County, and appoint Mr. Benn as hearing officer.
BAY COUNTY - Dredge Permit, Section 253.123 F. S., File No. 400.
On motion by Mr. Christian, seconded by Mr. Williams and adopted,
the Trustees authorized issuance of a dredge permit to W. Lamar
Gammon for maintenance dredging in Spanish Shanty Cove, Hurricane
Island, in Section 36, To\vnship 4 South, Range 15 West, Bay County,
the spoil material to be placed on applicant's upland. The biologi-
cal report was adverse, but the applicant had a definite need for
a navigation channel.
BAY COUNTY - Dredge Permit, Section 253.123, File No. 263.
On motion by Mr. Williams, seconded by Mr. Christian and adopted,
the Trustees authorized issuance of dredge permit to Panama City
Port Authority to improve navigation by removal of 42,000 cubic yards
of material from port site in St. Andrews Bay in Section 34, Town-
ship 3 South, Range 14 West, Bay County. The material would be
placed in two spoil areas granted under Spoil Disposal Easement No.
24964(2205-03) covering 10.33 acres in said Section 34. Biological
report was not adverse .
MONROE COUNTY - Dredge Permit, Section 253.03, File No. 31.
On motion by Mr. Williams, seconded by Mr. Christian and adopted,
the Trustees authorized issuance of dredge permit to John S. Kemp
for a navigation channel 30 ft. wide, 75 ft. long, 5 ft. deep, and
a boat basin 50 ft. wide, 105 ft. long, 5 ft. deep, in Niles
Channel, Big Torch Key, Monroe County. Spoil material would be
placed on applicant's upland. The biological report indicated
adverse effects, however the staff recommended approval to improve
navigation.
MONROE COUNTY - Dredge Permit, Section 253.03, File No. 146.
On motion by Idr . Williams, seconded by Mr. Christian and adopted,
the Trustees approved issuance of dredge permit, subject to all
spoil material being placed on applicant's upland, to Duncan Hunter
of Islamorada, Florida, for a navigation channel 50 ft. wide, 157
ft. long, 5 ft. deep, and a channel 100 ft. long, 35 ft. wide, 5 ft.
deep, in Florida Bay in Section 31, Township 63 South, Range 37
East, Monroe County.
The biological survey report was not adverse but recommended that
all spoil material be placed on applicant's upland.
MONROE COUNTY - Dredge Permit, Section 253.03, File No. 138.
On motion by Mr. Williams, seconded by Mr. Christian and adopted,
the Trustees approved an application made by James T. Glass on
behalf of Armat Realty Co., Inc., for a navigation channel 1,740
ft. long, 50 ft. wide and 5 ft. deep in the Atlantic Ocean in
Section 6, Township 64 South, Range 37 East, Monroe County. The
material removed would be placed on applicant's upland, and the
biological survey report was not adverse.
MONROE COUNTY - Dredge Permit, Section 253.03, File 137;
Fill Permit, File 21802-253.03.
William H. DeWerff, represented by James T. Glass, applied
11-25-69
- 514 -
permission to dredge a boat basin on his submerged land and to dredge
a 30 ft. wide by 5 ft. deep navigation channel in the Atlantic Ocean
adjacent to his ownership in Section 28, Township 63 South, Range 37
East, Monroe County. The material removed from the boat basin would
be placed on submerged land purchased previously; and material
removed from the channel would be placed around the boat basin for
protection from storms. The project would provide access to navigable
waters. The biological report was adverse.
Motion was made by Mr. Williams, seconded by Mr. Christian and by
Mr. Dickinson, and adopted, that the dredge and fill permits be
approved.
PINELLAS COUNTY - Fill Permit, Section 253.124 Florida Statutes,
File No. 21915(122-52)
Pinellas County Water and Navigation Control Authority issued a fill
permit, subject to Trustees' approval, to W. W. Caruth, Jr., of
St. Petersburg Beach, Florida, for seavvall-f ill within 20 feet of
present mean high water line to provide limited reclamation of
eroding shore line in Section 6, Township 32 South, Range 16 East,
Boca Ciega Bay, Pinellas County. The area was within the boundary of
an aquatic preserve, but was originally filled under approval of the
Trustees March 24, 1959, Deed No. 21915. Staff recommended approval,
since the project v/ould provide shore protection.
On motion by Mr. Williams, seconded by Mr. Christian and adopted,
the Trustees approved issuance of the requested fill permit.
ST. LUCIE COUNTY - Dredge Permit, Section 253.123 Florida Statutes.
On motion by Mr .Williams, seconded by Mr. Christian and adopted, the
Trustees authorized issuance of dredge permit to B. G. Jones III and
Dewey Wilcox, in care of Anthony T. Young of Fort Pierce, Florida,
for a standard navigation channel 2,700 feet long in the Indian
River in Section 16, Township 34 South, Range 40 East, St. Lucie
County. Material would be placed on applicant's upland, and the
biological report was not adverse.
SARASOTA COUNTY - Dredge Permit, Section 253.123 Florida Statutes;
Fill Permit, 21570-58-253.124.
Sarasota County Water and Navigation Control Authority issued a
dredge and fill permit, subject to Trustees' approval, to Donald
Piatt and Melvin Potter to dredge 7,000 c\ibic yards of material from
submerged lands purchased in Section 25, Township 40 South, Range
19 East, Lemon Bay, Sarasota County. The material removed would be
placed on submerged land purchased within an established bulkhead
line, same location as dredge area. The biological report was not
adverse .
Motion was made by Mr, Williams, seconded by Mr. C3iristian and
adopted, that the Trustees authorize the dredge permit under provi-
sions of Section 253.123 and approve the fill permit issued by
Sarasota county under Section 253.124 Florida Statutes.
WALTON COUNTY - Artificial Reef Permit, Section 253.03 F. S.
The Walton County Chamber of Commerce applied for permission to
construct four artificial reefs in choctawha tehee Bay at sites
chosen after meetings between local Chambers of Commerce, commercial
fishing and shrimping interests including Southeastern Fisheries and
Wildlife, sport fishermen, U. S. Army Corps of Engineers, Eglin Air
11-25-69
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Force Base, and the Department of Natural Resources. Said Department
recommended issuance of the permit. All reefs would be marked by
a special purpose buoy.
The reefs would be approximately one acre in size located at
(1) 30°24'38" N. Lat. 86°08'48" W. Long.; (2) 30''25'56" N. Lat.
86°14'18" W. Long.; (3) 30°27'58" N. Lat. 86°14'34" W. Long.; and
(4) 30°24'36" N. Lat. 86°17'35" W. Long.
On motion by Mr. Williams, seconded by Mr. Christian and adopted,
the Trustees authorized issuance of artificial reef permit for the
four fishing reefs.
CHARLOTTE COUNTY - Aquatic Preserve Cape Haze - Gasparilla Sound
(G-11)
On October 28 the Trustees deferred action on establishing the Cape
Haze-Gasparilla Sound Aquatic Preserve in order to allow representa-
tives of the upland owner in the subject area and Trustees' staff
to prepare a mutually acceptable description of the preserve. A
mutually acceptable temporary northern limit had been determined,
and staff recommended approval of modified limits of the preserve.
Mr. Apthorp said the staff had arrived at a temporary solution, that
it involved low areas and title questions and the description that
the Interagency Advisory Committee furnished had included a large
amount of land that v/as clearly upland in character, that the owners
had agreed that there would be no development during a period of
time v/hile the staff would work with them on a plan for the use of
the area and then arrive at a boundary line between public and
private ownership. He further explained that the owners had sub-
mitted deeds for examination, with descriptions which if followed
would go offshore and result in a loss to the public of offshore
areas.
Mr. Adams said it had been his understanding that it would be a
simple matter when the deeds were examined to place the line between
private and public, that at the previous hearing when aquatic
preserves were established other owners had raised similar questions
and he was concerned that actions be equitable to all owners. He
did not object to the proposed temporary solution but noted that
the approach appeared to be somewhat different.
On motion by Mr. Williams, seconded by Mr. Christian and adopted
without objection, the Trustees approved the modified limits of
Preserve G-11.
TRUSTEES ADMINISTRATIVE RULES - Pursuant to the mandatory require-
ment of Chapter 120 Florida Statutes, the staff presented for
adoption Rules of Administrative Procedure of the Board of Trustees
of the Internal Improvement Trust Fund.
Motion was made by Mr. Christian, seconded by Mr. Williams and
adopted, that the administrative rules be approved.
MONROE COUNTY - Florida Keys Junior College. On September 2, 1969,
the Board authorized advertisement for competitive bids for the
removal of 2,280,000 cubic yards of limestone material from a strip
of land in the Gulf of Mexico in Monroe County. Only one attempt
to bid was received, but it was a counter offer or bid which was
not responsive to the advertisement. Staff recommended rejection
11-25-69
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of the counter offer and readvertisement with additional considera-
tion given to reduction in dredged depth to minus-30 feet at mean
low water, and to allow option to extend time permitted for removal
of the material.
On motion by Mr. Williams, seconded by Mr. CSiristian, and adopted,
the Trustees authorized readvertisement as recommended by the staff.
MONROE COUNTY - Summerland Key Litigation. Staff had placed on an
addendum to the agenda the consideration of a report and recommenda-
tions by the Attorney General on the Summerland Key litigation.
However, since both the Governor and Mr. Faircloth were absent, Mr.
Adams said it would be more appropriate to defer the matter until
those members were present. Mr. Herbert Benn, who had been asked to
report on this date, advised that the time for appeal was running.
Hov;ever, Mr. Christian said he also thought the matter should be
postponed .
It was so ordered.
SUBJECTS UNDER CHAPTER 18296
On motion by Mr. Williams, seconded by Mr. Christian and adopted, the
Trustees authorized refund to the following four applicants of the
amounts tendered with requests for release of state road rights of
way reservations contained in numbered Murphy Act deeds, for the
reason that the Department of Transportation did not recommend the
releases:
Murphy Act Deed ITo. Applicant Refund
Alachua County 1336 Jenkins and Williams $15.00
Broward County 1701 Bernstein, Hodsdon and
Tannen 15.00
Citrus County 233 Herbert C. Hagerty 15.00
Monroe County 290 Walter E. Godbold 30.00
On motion duly adopted, the meeting was adjourned.
1^
SECRETARY OY STATE ~
EoiOR /
ACTING CI
lAIRMAN
ATTEST: \4M4</i^
CECUTIVE DIRE
*** *** ***
11-25-69
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Tallahassee, Florida
December 2, 1969
The State of Florida Board of Trustees of the Internal Improvement
Trust Fund met on this date in the Capitol in the Governor's Office,
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
James W. Apthorp Executive Director
Without objection, the minutes of the meeting on November 25, 1969,
were approved as submitted.
BREVARD COUNTY - Bul^diead Line.
Upon request by the Director, the Trustees deferred consideration of
a bulkhead line adopted March 21, 1969, by the Board of County
commissioners of Brevard County near the west shore line of the Indian
River near State Road No. 405 in Section 35, Township 22 South, Range
35 East, and Section 1, Township 23 South, Range 35 East, Brevard
County.
PINELLAS COUNTY - Bulkhead Line, Segment "No. 2."
The Board of County Commissioners, sitting as the Water and Navigation
Control Authority of Pinellas County, by resolution adopted on April
9, 1969, fixed and located a bulkhead line, Segment No. 2, adjacent
to and offshore from existing lands along the easterly limits of
South Pasadena, and also extended a portion of Segment No. 9 of the
Pinellas County Bulkhead Line in Section 30, Township 31 South, Range
15 East. There were objections at the local hearing to the establish-
ment at the mean high v/ater line.
All required exhibits v/ere furnished. The biological survey report
from the Florida Board of Conservation (Department of Natural Resources)
indicated that the proposed bulkhead line set approximately at the
mean high water line excluded productive grassflats as potential fill
areas, and therefore offered no objections.
Consideration of this bulkhead line originally scheduled for the
meeting on November 4 v;as deferred at the request of Mr. Adrian S.
Bacon, attorney for South Pasadena Development Corporation. He and
Mr. Charles Spitz, attorney, were present to represent that firm
in opposition to approval of the bulkhead line as located along the
line of mean high water.
Pursuant to Section 3, Chapter 69-342, Acts of 1969, that created
the Boca Ciega Bay Aquatic Preserve, the Trustees are required to
approve the bulkhead line as located. The section of the lav; states
that, "The Trustees . . . shall not approve any seaward relocation
of bulkhead lines; or, further establishment of bulkhead lines
except as where a proposed bulkhead line is located at the line of
12-2-69
- 518 -
mean high water along the shoreline." The proposed line appeared to
come v/ithin the purview of the law, and the staff recommended
approval.
Mr. Bacon's presentation on behalf of South Pasadena Development
Corporation reviewed the history of the case beginning with deed from
the Trustees in 1925 conveying submerged land in Pinellas County,
construction commenced to improve the foreshore and shallow submerged
land pre-dating the Town of South Pasadena, development through the
years, boundary line agreements between the owners that were made a
part of the public records that included agreements that each owner
had the right to improve their own land, purchasers of the submerged
land having the right to fill the property. His client's sworn
applications in September of this year to the Pinellas County water
and Navigation Control Authority requested construction permit to
build upland within the confines of their ownership and requested
that the bulkhead line be set around the perimeter of their ovmership.
The Tovm of South Pasadena requested the bulkhead line be set at the
mean high water line, and after advertising, public hearings and the
filing of written objections by Mr. Bacon's client, Pinellas County
Authority did set the bulkhead line at the mean high water mark.
Mr. Bacon said this meant that his client would be denied the use of
all of their submerged land, and then application was filed with the
Trustees for (1) issuance of construction permit to South Pasadena
Development corporation and (2) establishment of the bulkhead line
around the perimeter of said firm's property.
Mr. Bacon understood the position of the Trustees' staff that Chapter
69-342 precluded any action by the Trustees other than setting the
line at the high water line, but that act, he said, can be construed
as taking his client's property, denying due process and equal
protection of the law. Completing his presentation, Mr. Bacon asked
Dr. Allen Loss, professional marine geologist employed by his client,
to tell of his work to determine that nothing proposed to be done
under the construction permit would violate the public interest.
Dr. Loss gave a resume' of his findings and stated that with the
right kind of engineering and slight modification of the proposed
fill design, the circulation and quality of the water could be
inproved.
Mr. Christian pointed out that home owners would be cut off from the
view of the bay and the staff recommended that the bulkhead line
established by the county be approved.
Mr. Adams did not agree with a statement made that the sale of the
submerged land carried with it a vested right to dredge and fill.
The Director said that was the case in 1925 but under present law
it v/as not, that the staff recommended the line be confirmed and
the dredge and fill applications be returned which would then lie
outside of the bulkhead line, that the language of the act creating
Boca Ciega Bay Aquatic Preserve left no choice. He added that the
aquatic preserves as established by the Trustees allowed for working
out boundaries with land owners. Mr. Faircloth asked if the Board
had a choice, and Mr. Bacon replied that in his opinion there was
no choice, that the Legislature had directed the Trustees to do it.
It was brought out that by making application to the Trustees, the
applicant was completing the administrative efforts and if denied,
litigation would then be entered into to protect its rights.
On motion by Mr. Christian, seconded by Mr. Adams and adopted without
objection, the Trustees approved the bulkhead line as established
by Pinellas County Water and Navigation Control Authority and directed
that the applications for permits be returned.
12-2-69
- 519 -
Mr. Bacon requested an understanding that the return of the appli-
cations was in effect a denial, which Mr. Christian said was a part
of his motion.
Representative A. S. "Jim" Robinson thanked the Trustees on behalf
of the people of PdLnellas County, a number of whom were present as
proponents of the bulkhead line, including Mayor Gordon W. Bradley
and City Commissioners of the Town of South Pasadena, Pinellas
County Attorney John Blue, Representative Archie Wilson, and
interested citizens.
PUTI^IAi: COUNTY - Bullihead Line, Section 253.122 Florida Statutes.
The Board of County Commissioners of Putnam County by resolution
adopted November 4, 1969, located and established a bulkhead line
in the St.^ Johns River at Rice Creek in Section 37, Township 9 South,
Range 25 East, Putnam County. All required exhibits were furnished
and there were no objections at the local hearing.
The biological survey report stated that the area of proposed
development for the Putnam County Barge Port had been affected by
paper mill pollution and there should be no significant adverse
effects on marine or aquatic life in the area.
On motion by Mr . Adams, seconded by Mr. Conner and adopted, the
Trustees approved the bulkhead line as established by Putnam County.
SANTA ROSA COUNTY - Bulkhead Line, Section 253.122 Florida Statutes,
The City Council of the City of Gulf Breeze by resolution adopted
on October 20, 1969, located and established a bulkhead line in
Pensacola Bay west of the New Pensacola Bay Bridge on State Road
No. 30, in Section 5, Township 3 South, Range 29 West, Santa Rosa
County. All required exhibits were furnished and there were no
objections at the local hearing.
The biological survey report indicated no significant adverse
effects on marine life, but that care should be taken to prevent
siltation.
On motion by Mr. Adams, seconded by Mr. Dickinson and adopted, the
Trustees approved the bulkhead line as established by Santa Rosa
County.
SANTA ROSA COUNTY - Fill Permit, Section 253.124 F. S.
The City of Gulf Breeze issued a fill permit, subject to Trustees'
approval, to the Department of Transportation for material to be
trucked in for a project in Section 5, Township 3 South, Range 29
V7est, Pensacola Bay, Santa Rosa County. The biological report was
not adverse.
On motion by Mr. Adams, seconded by Mr. Dickinson and adopted, the
Trustees approved the fill permit to the Department of Transporta-
tion.
DADE COUNTY - File No. 679-13-253.12.
At the request of the applicant, the Trustees deferred action on
consideration of staff recommendation that an application from
Richard B. Swanson for purchase of submerged bay bottom lands at
Sv/an Key, Dade County, be denied and the file be deactivated.
12-2-69
- 520 -
DUVAL COUNTY - File No. 2070-16-253.12.
On motion by Mr. Williams, the Trustees deferred till December 16,
1969, consideration of an application from Leo C. Burgman, et al,
to purchase 0.6 acre of sovereignty land in the St. Johns River in
Duval County.
LEE COUNTY - File No. 2202-36-253.12, Land Sale.
On October 21, 1969, the Trustees authorized advertisement for
objections only of proposed sale to Sunset Realty of two parcels of
sovereignty land embracing 0.58 acre in Boca Grande Yacht Basin
abutting Lots 17 through 34, Lots 36 through 65, aidLot 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,
Gasparilla Island, Lee County, valued at $9,650.00 per acre. Notice
of sale was published in the Fort Myers News, proof of publication
filed and no objection received.
Applicant offered $5,597.00 for the land for real estate development
of water front lots. The biological report stated that establish-
ment and subsequent development within the bulkhead line would
probably have no adverse effects upon marine resources of the area.
The Interagency Advisory committee had reaffirmed the bulkhead line
location. The Trustees had considered the application under the
hardship provision of the July 1st policy.
Motion was made by Mr. Christian, seconded by Mr. Adams and adopted,
that sale of the advertised land be confirmed at the price offered.
LEE COUNTY - File No. 2202-36-253.123 and 253.124,
Dredge and Fill Permits,
in conjunction with the foregoing sale, applicant had applied for
a dredge permit under Chapter 253.123 and approval of a fill permit
issued under Chapter 253.124 on May 28, 1969, by the Board of county
Commissioners of Lee County. Applicant proposed to dredge 1,608
cubic yards of material from Boca Grande Yacht Basin and fill 0.58
acre of sovereignty land purchased from the Trustees. Payment for
the dredge material had been received.
On motion by Mr. Christian, seconded by Mr. Adams and adopted, the
Trustees authorized issuance of the dredge permit and approved
the fill permit issued by Lee county.
LEE COUNTY - File No. 2201-36-253.12, Land Sale.
On October 21, 1969, the Trustees authorized advertisement for
objections only of a proposed sale of 0.015 acre parcel of sovereignty
land in Boca Grande Yadit Basin abutting Lot 35, Block 24 of Addi-
tion 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, Lee County. Wyman M. Miller had offered $144.75
for the small parcel, valued at the rate of $9,650.00 per acre,
lying within the area in the Sunset Realty Corp. application (see
preceding sale) . Notice of sale was published in the Fort Myers
News, proof of publication filed, and no objection received.
The biological report was not adverse, the Interagency Advisory
Committee reaffirmed the bulkhead line, and the Trustees considered
the application under the hardship policy of July 1st.
on motion by Mr. Christian, seconded by Mr. Adams and adopted without
objection, the Trustees confirmed sale of the advertised parcel to
12-2-69
- 521
Mr. Miller at the price offered.
ST. JOHNS COUNTY - File No. 2260-55-253.12, Application to Purchase.
St. Augustine Beach South Corporation, represented by E. W. Pacetti,
applied to purchase a parcel of sovereignty land embracing 3.6 acres
in the Matanzas River abutting Section 27, Township 8 South, Range
30 East, St. Johns County. Applicant offered $720.00 per acre.
The staff had ordered an appraisal.
The biological report dated June 30, 1969, submitted for the bulkhead
line, was not adverse, showing that the alignment would preserve a
large area of productive marine habitat.
The County Attorney by letter dated May 15, 1969, assured the staff
that the Interagency Advisory Committee recommendations would be
considered when the county established bulkhead lines. Only one
other bulkhead line had been established in the county. The applica-
tion conformed to the July 1st policy of the Trustees and staff
recommended advertisement.
On motion by Mr. Williams, seconded by Mr. Adams and adopted, the
Trustees authorized advertisement of the land for objections only.
DADE COUNTY - Fill Permit, Section 253.124 Florida Statutes.
The Department of Transportation requested approval of fill permit
issued by the City of Miami on November 5, 1969, in connection with
construction of 79th Street Causeway (SR 828) . Land to be filled
was conveyed to Dade County by Deed No. 18251 dated July 31, 1934,
was within the established bulkhead line, no dredging was contemplated,
and the biological report was not adverse.
On motion by Mr. Christian, seconded by Mr. Williams and adopted,
the Trustees approved the fill permit.
PINELLAS COUNTY - Dredge Permit, Section 253.123 Florida Statutes.
Pinellas County Water and Navigation Control Authority approved
one-year extension, subject to Trustees' approval, of Permit No,
DO-158 to The Belleview Biltmore Hotel. Trustees had approved a
two-year permit for the project on October 24, 1967. The biological
survey report was not adverse, and staff recommended approval of the
extension.
On motion by Mr. Christian, seconded by Mr. Williams and adopted
without objection, the Trustees approved extension of permit for
one year.
DADE COUNTY - Dock Permits, Section 253,03 Florida Statutes.
On motion by Mr. Conner, seconded by Mr. Christian and adopted, the
Trustees authorized issuance of four state commercial dock permits
for which all exhibits and $100 processing fee had been submitted
by the following applicants:
1, Biscayne Bay Yacht Club, by John F. Michel, for addition
to an existing marina in Biscayne Bay in Section 22,
Township 54 South, Range 41 East, Dade County;
2, City of Miami Beach, by John Bergacker, Director of Public
Works, for a marina in Biscayne Bay in Section 3, Township
43 South, Range 42 East, Dade County;
12-2-69
- 522 -
3. Mike Gordon's Seafood Restaurant, by William Markley of Dock
and Marine Construction Corp., for a marina in Biscayne Bay
in Section 8, Township 53 South, Range 42 East, Dade County;
4. Bedan, Inc., Robert v. Celette, President, for a dock in Section
11, Township 53 South, Range 42 East, in Indian Creek, Dade
County .
MANATEE COUNTY - Dedication.
The National Audubon Society through Mr. Myron G. Gibbons of Tampa,
Florida, requested dedication of sovereignty land within 400 feet
embracing Bird Key in Terra Ceia Bay in Township 34 South, Range 17
East, Manatee County. The present upland owner of Bird Key contem-
plated donating it to the Society as a bird sanctuary and the
appurtenant submerged land was desired as a buffer zone to be
utilized in management of the sanctuary.
Staff recommended that the Trustees agree to issue a dedication
committing sovereignty lands to be used as a bird sanctuary under
the supervision and management of the Audubon Society provided,
however, that if said upland donor fails to convey the island within
sixty days, the Trustees' action will be voided automatically.
On motion by Mr. Christian, seconded by Mr. Conner and adopted
without objection, the Trustees accepted the staff recommendation
as stated above.
MANATEE COUNTY - FileNo. 2257-41-253.03, Rededication .
On October 28, 1969, the Trustees deferred action on the request by
the City of Palmetto for dedication for a period of thirty years of
11.84 acres of sovereignty land in the Manatee River abutting Section
23, To\^mship 34 South, Range 17 East, Manatee County. The area was
originally dedicated under Instrument Nos. 23100 and 23100A and
authority was requested to issue dedication containing public purpose
and non-use reverter covenant. On September 9 the Trustees had
authorized advertisement for objections and several were filed.
Deferment was to allov/ opportunity to resolve the objections, which
had not been accomplished.
Staff recommended approval of rededication with an additional
restrictive covenant to provide for Trustees' approval of any
proposed lease agreement between the City of Palmetto and any
prospective lessee.
Mr. Williams made a motion that the Trustees approve the staff
recommendation. Mr. Apthorp said there were persons present who
would like to be heard, but in the opinion of the staff the proper
time for discussion of development plans would be when the bulkhead
line and dredge and fill applications were considered. Approval of
recodication would allow the city opportunity to seek financing and
work out plans for development.
Mr. John p. Harlee, attorney representing a group of upland owners,
requested deferment until a solution was reached on a local level
by a local committee formed to work with the city in an effort to
reach an agreement. His clients agreed to abide by the decision of
the committee appointed by Mayor Gordon Alderman.
City Attorney John Blue pointed out that the land had been dedicated
for some time, the city had a pier there and a number of years had
been planning further development but needed to attract private
12-2-69
523 -
capital to proceed, that the rededication would be the first step.
Mr. Blue said that over a hundred appeared at the local public hearing
and only four families offered objections. Assurance had been given
that the plans when developed would be presented to the committee
for approval. Mr. Blue and the Mayor expressed willingness to accept
a suggestion by Mr. Christian for Trustees' approval subject to any
dredge and fill permit depending on an agreement between the
interested parties tliat would be satisfactory to the said committee.
Governor Kirk added that no committee decision would be binding on
the Board, however.
Mr. Williams amended his motion for approval of rededication as
recommended by the staff to include that any plan of development
would be subject to approval by the Board. Mr. Christian seconded
the motion which was adopted.
DADE COUNTY - File No. "Dedication 22822(362-13)", Extension of
St. Gaudens Road.
J. Bruce Vining had requested to be heard on a request that the
Trustees revoke a street extension dedication previously granted to
the City of Miami over sovereignty land between the mean high water
line of Biscayne Bay and the established bulkhead line. City
Attorney S. R. Sterbens was present in opposition. The staff had
been unable to resolve the situation.
Mr. Vining said that in 8h years the city had not used the dedicated
area as a street, that the dedication might influence some pending
litigation involving four parties, that since it was not a street
in fact, the dedication should be revoked.
Mr. Sterbens said the city took the position that the dedication
should remain, that any change now would affect the litigation
involving abutting owners on each side of the road going down to the
water's edge which the city would do its best to put in when certain
matters have been resolved.
The dedication was in existence when the litigation was instituted,
and there was discussion about the effect of any change of conditions
at this time .
Motion was made by Mr. Christian, seconded by Mr. Faircloth and
adopted, with Mr. Dickinson abstaining from voting, that the Trustees
take no action on the request for revocation of the dedication.
MONROE COUNTY - Quitclaim Deed, Section 253.12(6) Florida Statutes.
File NO. 2282-44-253.12(6)
William Simone and wife, represented by Fred A. Bee, requested
issuance of quitclaim deed to a parcel of sovereignty land contain-
ing 0.19 acre filled prior to June 11, 1957, abutting Lot 15
Atlantic Shores Subdivision according to plat recorded in plat Book
3, page 5, of public records of Monroe County, in Section 12, Town-
ship 66 south. Range 32 East, Monroe County.
Under provisions of Section 253.12(6), it was mandatory to convey
sovereignty lands filled prior to June 11, 1957, for the appraised
value of such lands prior to filling. A parcel of submerged land
sold by the Trustees in April 1960 (Deed 22453-588-44) immediately
adjacent to the land under consideration was valued at $250.00 per
acre. Staff recommended a minimum consideration of $100.00.
On motion by Mr. Christian, seconded by Mr .Adams and adopted, the
12-2-69
- 524 -
Trustees authorized issuance of quitclaim deed for the minimum
consideration of $100.00.
SANTA ROSA COUNTY - Easement, Institution Lands.
On motion by Mr. Christian, seconded by Mr. Conner and adopted, the
Trustees authorized issuance of an easement requested by the Depart-
ment of Transportation over 1.54 acres of land in Sections 23, 24
and 26, Township 4 North, Range 27 West, Santa Rosa County, in use
by the Division of Forestry, required for construction and improve-
ment of State Road No. 191. The Department of Agriculture and
Consumer Services had reviewed and approved the easement.
MARION COUNTY - Lease, Institution Lands.
The 1969 Legislature by passage of Chapter 69-291 established a Light
Horse Unit for horse research in the Institute of Food and Agricultural
Sciences of the University of Florida, to be in Marion County on
approximately 320 acres to be donated to the University by the
Division of Corrections.
The Department of Health and Rehabilitative Services advised that
Lots 34, 35, 40 through 45, of Martin's Land Subdivision, containing
306.36 acres, had been designated the land to be transferred to the
Board of Education for use and benefit of the University of Florida
for the light horse research facility. The land was located at
Florida Correctional Institution, Male Unit at Lowell.
On motion by Mr. Christian, seconded and adopted without objection,
the Trustees authorized issuance of lease to the Board of Education
for ninety-nine years or as long as the land was used for the purposes
set forth in Chapter 69-291.
The Director advised that he would submit a report to the members
on the erosion problem at Golden Beach in Dade County,
MONROE COUNTY - Summer land Key Litigation.
Discussion of the Summerland Key Cove, Inc., litigation, deferred
last week in the absence of two members, was brought up by Mr. Adams
on whose motion, seconded by Mr. Dickinson and adopted, the rules
vere waived for consideration of a matter not on the agenda.
Mr. Faircloth had transmitted to each member a copy of the final
order of Judge Hugh Taylor in Case No. 68-1036 in Circuit Court of
the Second Judicial Circuit in Leon County, which "Ordered and
Adjudged: 1. There is no real issue of fact essential to a
determination of the rights of the parties. 2. Plaintiffs are
entitled to a summary judgment. 3. It is the legal duty of the
Trustees of the Internal Improvement Fund of Florida to execute and
deliver to Summerland Key Cove, Inc., a deed to the lands, the
subject of this litigation. 4. This court reserves jurisdiction
of this case for a period of 30 days for the purpose of granting
supplementary relief if it should become necessary."
Also quoted from the court order for the purpose of clarifying
these minutes: "This case then is thus reduced to the single
question: When a riparian owner by mistaken belief of right dredges
and fills lands which are, in fact, sovereignty bottoms, do the
Trustees of the internal Improvement Fund have a legal right to
sell such lands to the riparian owner at a reasonable price for
such lands in their undeveloped state or are the Trustees legally
obligated to assert title to the lands in their improved state
without compensating the upland owner for his expenditions in
12-2-69
- 525 -
improving the land?"
Mr. Adams reviewed what took place a year ago, the Trustees' decision
on October 15, 1968, to sell 44.4 acres of sovereignty land to
Summer land Key Cove, Inc. (Toppino brothers) which he on October
2 2 had objected to, had cited certain inaccuracies in the Attorney
General's report, and had employed counsel and pleaded separately
in the lawsuit. Mr. Adams said as he interpreted the judge's
opinion it was that the Trustees had made a decision on October 15
and while the judge recognized there were certain inaccuracies in
statements made on October 22, the judge was not going to purify
the quality of the Trustees' decision made on October 15 which had
not been rescinded, that there was no provable fraud that the court
could determine in the action of Toppino, and the Trustees were
obligated to consummate the sale. Mr. Adams was not agreeable to
issuing the deed and had two motions to propose .
Mr. Christian objected that it would be violating the judge's order,
and to assess the three times penalty charge would be retroactive
since that penalty policy was set after the sale. Mr. Christian
made a motion, seconded by Mr . Faircloth, that the Trustees adhere
to the court order and issue the deed in accordance with the
judgment of the court.
Mr. Adams said the Board had made a bad decision on October 15 and
the public interest would be jeopardized. Governor Kirk agreed
and asked Mr. Conner to preside.
Mr. Adams then made a substitute motion, seconded by the Governor,
that the sale be rescinded. Ayes on the substitute motion were
recorded for Mr. Adcims and Governor Kirk. As all other members
voted "No", the motion failed,
Mr. Adams then made another substitute motion, seconded by the
Governor, that Mr. Toppino be charged the penalty amount of three
times the appraised price. As only the Governor and Mr. Adams voted
"Aye", that substitute motion failed.
The original motion by Mr. Christian, seconded by Mr .Faircloth, that
the Board adhere to the court order and issue the deed, passed with
Mr. Adams and Governor Kirk voting "No."
Mr, Adams reiterated that the Board had made a bad decision on
October 15, based on a fact situation which contained inaccuracies,
and by issuing a deed to a person who had trespassed, the sovereign
rights were placed in jeopardy. Mr. Faircloth replied that the
opinion of the court was not predicated upon any mistake and such
statements were misleading, he felt the legal principle was clear,
that disparity between value in the submerged condition and present
value was not a relevant factor. Governor Kirk said the Board had
made a bad philosophical decision, and the court's retaining
jurisdiction thirty days was discussed. Mr. Christian said he did
not think the Board had acted unwisely, that a decision was made
to sell on what they thought was a survey of the property and a
price agreed upon, all of which was contained in the court record
which had upheld the decision. Mr. Williams also thought the
opinion of the Attorney General and the ruling of the court should
be followed.
Mr. Herbert Benn, Assistant Attorney General, said the court had
stated with finality that there was no evidence of fraud practiced
by Toppino on the Trustees nor proof of false representation of
facts or concealment of true facts, that the Trustees and their
12-2-69
- 526 -
representatives in dealing with Toppino had acted in good faith in
suggesting the settlement, and that conceivably the Trustees could be
held in contempt if they did not issue the deed. He read portions of
the court order and said the record should be correct for the public
to understand what the issue was about.
Mr. Joe Jacobs asked to be allowed to point out that the land had
been sold to Mr. Toppino not on the basis of $425 per acre ($325
appraisal plus $100 penalty) but on the basis of $425 per acre or the
value placed on it by an independent appraiser, whichever was higher,
and the Trustees' staff had hired a surveyor to survey the land.
SUBJECTS UNDER CHAPTER 18296
DUVAL COUNTY - Murphy Act Land.
The Trustees were requested by Congressman Charles E. Bennett to adopt
a resolution in connection with House Bill 12424, "To authorize the
establishment of the Revolution's Southernmost Battlefields National
Park in the State of Florida." The proposed national park area was
bounded generally on the north by the Nassau River, on the east by
Interstate Highway 95, and on the west by Thomas Creek. Within this
boundary was located approximately 713.4 acres of land owned by the
State of Florida under the Murphy Act. Staff recommended that the
state land be withdravm from sale to cooperate and assist in estab-
lishment of the park.
On motion by Mr. Williams, seconded by Mr. Adams and carried, the
Trustees adopted the following resolution.
RESOLUTION
WHEREAS, Congressman Charles E. Bennett, Representative
from the 3rd Congressional District of Florida, did on June 25,
1969, introduce House Bill 12424 in the 91st Congress, to
authorize the establishment of the Revolution's Southernmost
Battlefields National Park in the State of Florida, and
WHEREAS, Congressman Bennett has requested the State of
Florida to assist in the establishment of this proposed
historic park by making available certain land, title to v/hich
is vested in the State of Florida by virtue of Chapter 18296,
Acts of 1937, (Murphy Act), which lies within the proposed
park site in Duval County, and
NOW THEREFORE BE IT RESOLVED that the State of Florida
Board of Trustees of the Internal improvement Trust Fund does
hereby withdraw from sale the following described land: Lot 8,
Section 24? Lots 1, 6 through 11, Section 25 and Lots 2, 3, 5
through 8 in Section 36, Township 2 North, Range 26 East,
Tallahassee meridian, containing 713.40 acres, more or less,
in order to cooperate and assist in the establishment of the
proposed National Park which area will be bounded generally on
the north by the Nassau River, on the >a^ by Interstate^
95 and on the west by Thomas Creek.
On motion duly adopted, the meeting w
12-2-69
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ATTEST:
Tallahassee, Florida
December 9, 1969
The State of Florida Board of Trustees of the Internal Improvement
Trust Fund met on this date in the Capitol in the Governor's Office,
v;ith the following members present:
Claude R. Kirk, Jr. Governor
Tom Adams Secretary of State
Earl Faircloth Attorney General
Broward Williams Treasurer
Floyd T.Christian Commissioner of Education
Doyle Conner Commissioner of Agriculture
James W. Apthorp Executive Director
Witliout objection, the minutes of December 2 were approved as submitted.
On motion by Mr. Christian, seconded by Mr. Faircloth and adopted,
the minutes of November 25 were corrected by the omission of a refund
of $15 to Willes, Bittan and Griffin, whose check had been returned
and no refund was required.
DUVAL COUNTY - Bulkhead Line, Section 253.122 Florida Statutes.
The City Council of Jacksonville, Florida, by ordinance adopted on
September 4, 1959, located and established a bulkhead line along the
line of mean high water on the south side of the St. Johns River
adjacent to the Androv/ Adkinson Grant in Section 47, Township 1 South,
Range 28 East, Duval County. All required e:chibits had been furnished,
tliero were no objections at the local hearing, and the biological
report was not adverse.
On motion by Mr. Adams, seconded by Mr. Conner and adopted, the
Trustees approved the bullchead line as established by the city.
PALM BEACH COUKITY - File No. 2032-50-253.12, Application for
Advertisement .
Frank L. Lash and wife, represented by Brockv/ay, Owen and Anderson,
applied to purchase a parcel of sovereignty land containing 0.701 acre
in Lake Worth abutting Section 3, Township 43 South, Range 43 East,
in the City of West Palm Beach, Palm Beach County. Offer of $3,425.00
was made for the parcel which was appraised at $4,885.88 per acre.
The biological survey report dated November 10, 1969 was not adverse,
stating that sale and development of the subject submerged land by
itself should not have significant adverse effects on marine
biological resources in the area.
12-9-69
- 528 -
The Interagency Advisory Committee had reaffirmed location of the
bulkhead line. The Area Planning Board did not object to the
application.
Mr. Apthorp said the matter was before the Trustees in September and
v;as deferred for securing an updated appraisal and biological report.
An objection had been received prior to advertisement.
On motion by Mr. Christian, duly adopted, the Trustees authorised
advertisement of the parcel for objections only.
DADE COUNTY - File No. 2200-13-253.12, Refund, Deactivate File.
Richard E. Danielson, Jr., represented by Charles P. Sacher, had
v;ithdrawn his application to purchase a 1.92 acre parcel of sovereignty
land in Biscayne Bay abutting a portion of Tract 1-Y Vizcaya, Plat
Book 80, page 16, lying in Section 40, Township 54 South, Range 41
East, Dade County.
On motion by Mr. Adams, seconded by Mr . Christian and adopted, the
Trustees authorized refund of $50.00 of the application fee to
applicant and deactivation of the file.
BREVARD COUNTY - Dedication to NASA.
The United States Department of the Army, Corps of Engineers,
requested dedication to National Aeronautical and Space Administration
(Kennedy Space Center) of 1,255.4 acres of swamp and overflow land in
Township 20 South, Range 36 East, and Township 21 South, Ranee 37
East, Brevard County, for primary use in connection with the space
program and related purposes, and for secondary use as a wildlife
refuge or for public park and recreation purposes. Sovereignty lands
were dedicated for the above purposes by Dedications No. 23151 dated
July 31, 1962, and No. 23151A dated March 2, 1965.
On motion by Mr. Williams, seconded by Mr. Adams and adopted, the
Trustees granted the request for dedication of the 1,255.4 acres of
sweimp and overflow land for said uses.
SHELL LEASE REPORTS - The Trustees accepted for the record the
reports for October and November showing the following remittances
to Florida Department of Natural Resources from holders of doad
shell leases:
Lease No. Name of Company Amount
1718 Radcliff Materials, Inc. $ 7,568.74
1718 Radcliff Materials, inc. 10,853.25
1788 Benton and Company, Inc. 18,429.29
1788 Benton -and Company, Inc. 20,766.17
2233 Bay Dredging and Construction Co. 8,071.73
2233 Bay Dredging and Construction Co. 7,493.36
PINELLAS COUNTY - Permit Extension, City of Dunedin, Honeymoon
Island Project, Corps of Engineers Permit 59-277.
Mayor Gerald S. Rehm of the City of Dunedin requested that the
Trustees offer no objection to 90-day extension of SAKSP (59-277)
permit that would expire on December 31, 1969. A number of
conferences had been held with interested state agencies, city
and county representatives, and Caladesi corporation, in an attempt
to arrive at satisfactory solution relative to the massive dredging
project. It had been agreed at staff level that modification of
the plan was essential and the developer was prepared to modify
12-9-69
- 529
the overall plan. However, such modification could not be
completed before the permit expired and 90-day extension would
provide time for interested parties to review-; the modified plans.
On motion by Mr. Adams, seconded by Mr. Conner and adopted, the
Trustees approved staff recommendation that no objection be regis-
tered to the request for 90-day extension provided however, that the
developer and the City of Dunedin submit modified plans of develop-
ment for review by Trustees, Department of Natural Resources, and
Pinellas County Water and Navigation Control Authority, during the
90-day period.
CITRUS COUNTY - Dredge Permit, Section 253.123 - File 408.
Franlc K. Schoenfeld, represented by Allen F. Kisinger, applied for
permit to dredge a navigation channel 30 feet wide, 160 feet long
and 3 feet deep in Crystal Bay, Citrus County. The material removed
would be placed on upland property of the applicant. The biological
survey was not adverse.
On motion by Mr. Christian, seconded by Mr. Williams and adopted,
the Trustees approved the application for dredge permit to improve
navigation.
ESCAI-IBIA COUNTY - Dredge Permit, Section 253.123, Maintenance
Dredging .
The United States Department of the Navy, Naval Air Station at
Pensacola, Florida, applied for permission for maintenance dredging
in its turning basin in Pensacola Bay adjacent to Pier 303 in Big
Lagoon adjacent to Pier 1889 in Escambia County. The material
removed would be placed on applicant's upland.
Staff requested waiver of biological report as provided in Section
253.123(3) (a) .
On motion by Mr. Williams, seconded by Mr. Christian and adopted,
the Trustees waived the biological report and authorized issuance
of the dredge permit to improve navigation.
MONROE COUNTY - Dredge Permit, Section 253.03 - File 132.
Sunrise Realty Company, represented by James T. Glass, applied for
a permit authorizing a channel connection to Florida Bay in Section
5, Tovsmship 63 South, Range 38 East, Monroe County. All material
removed would be placed on applicant's upland property. The
biological report was adverse. Staff recommended approval, to
improve navigation.
On motion by Mr. Conner, duly adopted, the Trustees authorized
issuance of the dredge permit to the applicant.
MONROE COUNTY - Dredge Permit, Section 253.03 Florida Statutes.
Mayor Delbert L. Layton of the City of Layton in Monroe County
applied for after-the-fact permit to dredge a boat basin on pur-
chased submerged land, and a standard navigation channel extending
from the boat basin across purchased submerged land projecting about
300 feet into state-ovmed lands in Section 33, Township 64 South,
Range 35 East, Florida Bay. Material removed v;ould be placed on
purchased submerged land, and applicant tendered check for $300.00
in payment. The application was on the agenda on February 18 and
25 but was removed due to questions arising from certain unrelated
litigation.
12-9-69
- 530 -
The biological report was adverse but stated that the channel would
provide access to navigable waters. Staff recommended approval of the
dredging to improve navigation.
On motion by Mr. Faircloth, seconded by Mr. Williams and adopted,
the Trustees approved permit for the $300.00 penalty payment.
SARASOTA COUNTY - Dredge Permit, Section 253.123 Florida Statutes.
Sarasota county approved the application of W. A. Davis for Minor
Work Permit No. 70-8, subject to Trustees' approval for maintenance
dredging in Holiday Harbour in Section 28, To\'mship 37 South, Range
18 East, Sarasota County. Material would be placed on upland. The
biological report was adverse. Staff recommended approval, as the
project would accommodate navigation needs.
On motion by Mr. Faircloth, seconded by Mr. Conner and adopted, the
Trustees approved the dredge permit to improve navigation.
SAPJ\SOTA COUNTY - Dredge Permit, Section 253.123 - File 394.
Herbert P. Field, represented by Richard W. Cooney, received a permit
from the Town of Longboat Key, subject to Trustees' approval, to
dredge a navigation channel in Section 6, Township 36 South, Range
17 East, in Buttonwood Bayou in Sarasota County. Applicant tendered
$222.80 for the overdredge material. All material would be placed on
upland, and the biological report was not adverse.
On motion by Mr. Conner, seconded by Mr. Faircloth and adopted, the
Trustees approved the dredge permit to improve navigation.
PINELLAS COUNTY - Dredge Permit, Section 253.03 Florida Statutes.
George Hunt, represented by Ed S. Whitson, applied for permission to
dredge 12,000 cubic yards of material from Lake Tarpon in Section 16,
Township 27 South, Range 16 East, Pinellas County. Applicant
tendered check for $1,200 as payment for the material, which v/ould
be placed on his upland property.
The Southwest Florida Water Management District had issued a dredge
permit for the project.
On motion by Mr. Adams, seconded by Mr. Faircloth and adopted, the
Trustees approved issuance of the dredge permit.
PUTNAM COUNTY - Report on Swan Lake had been submitted to each of
the Trustees. On May 13 the Board had directed that a full investi-
gation be made of all of Swan Lake. Mr. Apthorp said from the staff
approach there were three alternatives, and recommendations would be
presented next week for consideration.
Secretary of State Tom Adams noted that the report had suggested
that where trespass had taken place, the Trustees possibly could take
over portions of the trespassed-upon bottoms as piablic lands. He
said the Trustees should maintain a consistent position and be most
objective, but had discretion to decide varying degrees of trespass.
He called attention to the policies adopted on July 1, 1969,
including the follov/ing:
"Unless otherwise provided by law, it is the policy of the
Trustees of the Internal Improvement Trust Fund, in those cases
where the Board chooses, to sell state-owned sovereignty land
12-9-69
- 531 -
that has been filled without authority, that the sale price
be three times the value of the land in its filled condition
without regard to the price spent on improvements, the price
to be determined by a valid current appraisal unless the
obtaining of a current appraisal would not be economically
feasible. In those situations where the obtaining of an
appraisal would not be economically feasible, the Director
is directed to make the best estimate of a value and to
recommend this price to the Board."
Mr. Adams pointed out that the judge had said that where an upland
ov/ner without intended fraud filled submerged bottoms, the state
had some obligation to sell at submerged land prices. He did not
v;ant to bring up again the case discussed last week (Summerland Key
Cove, Inc. litigation) except that the Board should try to be most
objective and certainly consistent. The Director did not think
there was a conflict in the state's position but v/ould explore that
and malce a report. He said in some instances there might not be a
potential state use for property filled without authority. Mr.
Christian commented that he saw no conflict and as he saw it the
two cases were not in the same category. The Governor said it should
be examined in the light of Mr. Adams' comments.
DUVAL, SARASOTA, PINELLAS COUNTIES - Dock Permits, Section 253.03.
On motion by Mr. Christian, seconded by Mr .Adams and adopted, the
Trustees authorized issuance of four state commercial dock permits
for which all exhibits and $100 processing fee had been submitted
by the following applicants:
1. Duval County. Mat Roland, for a permit to revise state
commercial dock permit 1483 issued August 5, 1969, for a
dock in the St. Johns River in Township 1 South, Range 29 East.
2. Sarasota County. Big Pass, Inc., for a dock in the Gulf of
Mexico at Siesta Key in Section 2, Township 37 South, Range
17 East, approved by Sarasota County for Minor Work Permit
No. 70-13 subject to Trustees' approval.
3. Pinellas County. V7ater and Navigation Control Authority
issued dock permits, subject to Trustees ' approval, to
(1). Carlton Arms Apts., for a dock in Tampa Bay in
Section 11, Township 32 South, Range 16 East; and
(2) Paul and Jerome S. Fletcher, LaCosta Brava Apts., for
5 docks in Boca Ciega Bay in Section 24, Township
31 South, Range 15 East.
PASCO COUNTY - Applications for Offshore Campsites.
An investigation of structures offshore from Pasco County in the
Gulf of Mexico conducted by the Department of Natural Resources
revealed that at one time approximately fifteen small frame houses
were in existence on stilts in use for campsite purposes, all with-
out authority from the Trustees. As a result of Hurricane Gladys
in 1968, the structures were demolished to the extent that only
pilings remained except for three which were severely damaged.
Many of the owners had contacted the staff indicating their desire
to repair and rebuild and had made formal applications for private
campsite leases similar to the leases in effect in Biscayne Bay
south of Cape Florida, Dade County.
12-9-69
- 532 -
staff recommended issuance of a campsite lease for private purposes
only to those filing applications containing necessary maps and data
evidencing having had structures in existence prior to Hurricane
Gladys. Lease terms v/ould include 90-day cancellation clause,
annual rental of $100 for 1-year term with option to renew on a year-
to-year basis for an additional 4 years. Lease would be subject to
all applicable laws and regulations,
Mr. Christian made a motion for approval of the staff recommendation.
Mr. Williams objected that they were unsightly, did not contribute
anything but pollution to the waters, he did not want to see the
number of stilt houses increase but rather there should be a policy
of phasing them all out. Mr. Conner noted that the present policy
was to allow no new stilt houses.
Mr. Williams made a substitute motion that the owners of destroyed
or abandoned stilt houses not be allowed to rebuild. He added to
the motion that the staff should study and bring back a proposed
policy for phasing out all stilt houses. Mr. Adams seconded the
motion.
Mr. Christian felt that these were hardship cases where they had
invested in campsites for fishing or weekend use, they were not new
structures, that since the Trustees very recently had allowed such
structures to be rebuilt and placed under lease in Dade County the
same should be done for these on the west coast. Mr. Adams said the
damage had not been as great in Biscayne Bay, that it had been a
case of trespass and no money being collected and provision was made
to make them obtain leases, and he understood there were similar
instances in the Keys. Mr. Conner said if they were causing any
problem the leases could be cancelled, that if all were to be phased
out he would vote for it, but there should be one set of rules for
both coasts.
14r . Apthorp said there appeared to be no problem from the campsites
but possibly a proliferation would cause problems, that in Jieeping
with the policy, the staff had recommended that the Trustees enter
into lease for one-acre campsites upon submission of evidence of
existence of a house prior to the hurricane, that the owners must
also have permits from the Coast Guard and Corps of Engineers as to
navigation.
Attorney General Fair cloth said the Trustees had set a policy to
give a lease where structures existed, that the discussion had
raised some doubts in his mind about the Board's position which he
V70uld like an opportunity to study. Governor Kirk said that v/as
a wise suggestion and without objection, action was postponed.
TRUSTEES FUNDS - At the request of the Attorney General, the action
of the Board in approving use of Trustees funds for renovation at
the Governor's Mansion and in the Capitol was re-agendaed.
On motion by Mr. Faircloth, seconded by Mr. Christian and adopted,
the Trustees rescinded the action taken on November 4, 1969.
Asked to comment, Mr. Apthorp said the staff had recommended approval
based on a general provision of the statutes authorizing the
Trustees to administer state lands, but he had stated that use for
renovation of buildings could use up the fund quickly.
Mr. Adams recalled previous uses of Trustees funds, said that some
12-9-69
- 533 -
clarification was needed. Mr. Faircloth made a motion, seconded
by Mr. Christian, that the request for $27,587.00 be reconsidered.
Governor Kirk said he would vote "No" and asked where such monies
could be obtained. Mr. Faircloth said he had no quarrel with past
policies or their legal basis, but he was trying to foster new
policies whereunder the Trustees would not be land sale agents or the
source of loans except on an emergency basis, that he would favor use
of the $12,000.00 for the emergency repair work to the Mansion heating
system but not funds for the work in the capitol which he did not
consider an emergency.
Mr. Williams said the Legislature should be advised and that
General Services should have a contingency fund to take care of
maintenance of buildings. Mr. Apthorp said in his opinion there
was not sufficient guidance in the law as to what Trustees funds
could be used for .
On motion by Mr. Faircloth, seconded by Mr. Christian, to reconsider
the use of Trustees funds for the work in the Capitol and in the
Mansion, the vote was as follows: Ayes, Messrs. Faircloth, Williams,
Christian and Conner; Nays, Messrs. Adams and Kirk.
Mr. Faircloth then made a motion that the amount of $12,000.00 be
designated for use for emergency repairs f or^ the Governor's Mansion.^
The motion was adopted without objectioji
On motion duly adopted, the meet in
ATTEST:
/ ttKECUTIVE DIREOTOR #
Tallahassee, Florida
December 16, 1959
The State o f 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.
Tom Adams
Earl Faircloth
Fred O. Dickinson, Jr.
Broward Williams
Floyd T. Christian
Doyle Conner
Governor
Secretary of State
Attorney General
Comptroller
Ijreasurer
Commissioner of Education
Commissioner of Agriculture
James W. Apthorp
Executive Director
Without objection, the minutes of the December 9th meeting were
approved.
12-16-69
534 -
PINELLAS COUNTY - Bulkhead Line, Section 253.122 Florida Statutes.
On motion by Mr. Christian, seconded by Mr. Faircloth and adopted,
the Trustees deferred action, as recommended by the staff upon
request from Mr. Adrian Bacon, on consideration of a bul]<head line.
Segment "No. 1", relocated along easterly and southerly limits of
South Pasadena in Section 30, Township 31 South, Range 16 East, by
resolution adopted on April 9, 1969, by the Pinellas county Water
and Navigation Control Authority. The request was for deferral
until January 20, 1970.
Mr. James R. Stewart, County Attorney of Pinellas County, was present
not to object to deferment of Segment No. 1, which he said the people
of South Pasadena had also wished deferred, but to ask that the
Trustees reconsider the bulkhead line that was approved on November
25, 1969, when there v/ere two bulkhead lines presented. As adopted
by the Pinellas County Authority on April 9, 1969, one bulkhead line
was Segment "No. 2", adjacent to and offshore from existing lands
along the easterly limits of South Pasadena, and the other line
extended a portion of Segment "No. 9" of the Pinellas County bulkhead
line in Section 20, Township 31 South, Range 16 East. The county
desired a rehearing, not to have the Trustees change their action
but to make the record very clear that these matters were considered
together, that the record of testimony from Pinellas County was
considered as well as the testimony of Adrian Bacon. The Director said
that the staff would bring that up also on January 20th.
DUVAL COUNTY - File Nos . 2211-16-253.12 and 2070-16-253.12.
On recommendation of the staff, the Trustees deferred action on
purchase applications from Georgia Industrial Realty Co. and Leo C.
Burgman which were both advertised for consideration on this date,
until the City of Jacksonville has submitted formal resolution
outlining its objections.
MONROE COUNTY - File No. 2244-44-253.12, Land Sale, and Dredge
and Fill Permits.
On November 4, 1969, the Trustees authorized advertisement for
objections only of a 0.86 acre parcel of sovereignty land in Sugar
Loaf Channel abutting Government Lot 1, Section 31, Township 66
South, Range 28 East, Cudjoe Key in Monroe County, for which the
abutting upland owner, Vincent M. Drost, offered $1,750.00 per acre
or $1,505.00 for the parcel.
Notice of sale was published in the Key West Citizen, proof of
publication filed, and one objection was received after preparation
of the agenda for this meeting. Staff recommended approval of the
sale, since the applicant had changed his plans by placing the chan-
nel over his ownership so as to diminish adverse biological effects.
Applicant also applied for a permit t o remove 9,722 cubic yards of
material from an access channel to fill approximately 0.48 acre
portion of the 0.86 acre parcel to be purchased, and tendered his
check for $972.20 for the material. Staff recommended approval.
On motion by Mr. Christian, seconded by I'lr. Adams and adopted, the
Trustees confirmed sale of the advertised parcel of submerged land
and authorized issuance of the dredge and fill permits.
DADE COUNTY - File Nos. 2254-13-253.12, Application to Advertise.
Alfred Aronovitz, attorney representing Lila M. Powers, applied
to purchase a parcel of sovereignty land in Biscayne Bay abutting
12-16-69
- 535 -
Lot 12, Gifford & Highleyman' s Subdivision of Lot 30, Block "B"
Brickell's Addition, Plat Book 3, Page 38, public records of Dade
County, containing 0.19 acre landward of the bulkhead line as
confirmed by the Interagency Advisory Committee . The biological
survey report dated October 2, 1959, for the parcel revealed it to
be valuable to marine conservation.
The Director said it had developed that this was a hardship case,
that the applicant owned an area adjacent to land previously
conveyed and in order to sell she would have to acquire additional
area to meet zoning requirements.
Mr. Dickinson said he would make a motion for advertising but the
Board should not authorize advertisement unless the sale would be
given consideration, that he would not vote for this step and then
vote against it later on. Mr. Christian seconded the motion to
advertise the parcel for objections.
Mr. Adams did not suggest holding up the matter but suggested the
Board would like a brief report on the Dade County bulkhead line,
noting that other applications had been held up because of the
bulkhead line in the southern part of the county. Mr. Apthorp
explained that aerial photography was flown last week, that the
staff would study the photos and send to the county for action a
line that the staff could recommend to the Trustees.
The motion by Mr. Dickinson, seconded by Mr. Christian, to advertise
tlie parcel for objections only was adopted.
MARION COUNTY - Easement for Right of Way, File 2292-42-253.03,
and Temporary Construction Easement.
The Canal Authority of the State of Florida by resolution adopted
November 24, 1969, requested (1) easement to the Corps of Engineers
for right of way of 12.0 acres, more or less, across bottoms of
Withlacoochee River abutting Section 1, Township 17 South, Range 18
East, Marion County, for relocation of railroad bridge over Cross
State Barge Canal; also easement across 4.41 acres, more or less,
of bottoms of Blue Run abutting Section 30, Township 16 South, Range
19 East, to be used for said bridge relocation; and (2) temporary
construction easement to the U. S. Government, Corps of Engineers,
for a parcel of sovereignty land in Withlacoochee River abutting
Section 1, Township 17 South, Range 18 East, Marion County.
On motion by Mr. Adams, seconded by Mr. Christian and adopted, the
Trustees authorized issuance of the easement requested by the Canal
Authority.
VOLUSIA COUNTY - File No. 2293-64-253.12(6), Quitclaim Deed.
James Van Houten and wife, represented by Samuel P. Bell, requested
quitclaim to 0.13 acre parcel of sovereignty land in the Halifax
River filled prior to June 11, 1957, abutting Lot 23, Riverview Sub-
division, Addition No. 1, Plat Book 19, Page 210, public records of
Volusia County. Under provisions of Section 253.12(6), sovereignty
land filled prior to June 11, 1957, was required to be sold for the
appraised value as the land existed prior to filling. A parcel of
submerged land sold by the Trustees in October 1958 adjacent to
subject land was valued at $300.00 per acre.
All required exhibits had been furnished and the staff recommended
issuance of quitclaim deed.
On motion by Mr. Adams, seconded by Mi. Christian and adopted, the
12-16-69
- 536 -
Trustees authorized issuance of the quitclaim deed under provisions
of the statute.
MONROE COUNTY - Dedication No. 24168.
Staff reconunended termination, at the end of 60-day notice period,
of a dedication by the Trustees on January 4, 1966, of a 23.48 acre
tract of submerged land in the Straits of Florida lying south and
westerly of Stock island in Township 67 South, Range 25 East; to
the City of Key West for expansion of the public power plant, and
also a 150 ft. strip of submerged land along the easterly line of
the said 23.48 acres and extending into the Straits of Florida to
the five fathom contour (30 ft.) which when excavated to 30 ft. depth
was to serve as an access channel to the plant site as well as an
access channel for the riparian upland owners easterly thereof.
The dedication contained a reverter clause in the event the city
for a period of three consecutive years failed to maintain and use
the land for said purposes. The land remains in an undisturbed
state, and hasn't been used for the purpose for which dedicated.
Notice by registered mail had been given by the staff pursuant to
the dedication.
On motion by Mr. Adams, seconded by Mr. Christian and adopted, the
Trustees authorized termination of the dedication at the end of
the 60-day period.
CHARLOTTE COUNTY - Bridge Permit.
The staff had no recommendation on the agenda on this date but
representatives for Venture Out in America, Inc., desired to be
heard by the Trustees relative to the subject of issuance of bridge
permits to construct two bridges connecting Whidden Key with
Peterson Island, and Peterson Island with lower Manasota Key.
Development of the privately owned islands and access bridges were
opposed by many in the Englewood area, whose objections were
presented on this date by Mr .John Hathaway, an attorney. Mr. Dewey
A. Dye, Jr., attorney, and Mr. Hazen Kreis, president of the appli-
cant company, made presentations on behalf of the application for
permit for the bridges to provide access to the privately-owned
islands for which the firm had purchase contracts.
Mr. Apthorp explained that the staff had held the application for
some time but felt that local and navigation requirements should
be met before the Trustees acted, that the Coast Guard had now
approved the bridge building but there was considerable controversy
at the county level regarding zoning. A favorable recommendation
by the staff last week was not placed on the agenda because of
information received that the county was reconsidering its zoning
and future use of the property. It was brought out in the discus-
sion that the County Commission had approved the project, but that
there was opposition from subsequently elected County Commissioners.
Mr. Adams felt that granting access from the mainland to island
upland, and then to another island, was hardly different from
granting navigation channels to provide access to an owner's upland.
He appreciated the concern regarding local differences and suggested
that whatever action might be taken could be construed either way
in the controversy, but the Trustees should not become involved in
the zoning and should make it clear that any action they took was
no endorsement of zoning but simply to allow access to the upland
over sovereignty submerged bottoms.
12-16-69
- 537 -
Mr. Christian agreed that access should be granted to upland property,
understood that owners were reluctant to proceed with engineering
plans until they were assured access, and in view of the already
considerable delay and expense applicants had encountered he asked
that a reconunendation on the matter be brought back to the board
soon.
Discussion brought out statements that the objection was to any
change from the natural condition of the islands, that they were
being considered for purchase as state parks although the purchase
price would be large and they were not now on any priority list
being considered for acquisition by the Division of Parks, that
approval by the earlier County Commissioners and opposition by some
elected later had made it difficult for the applicants, that the
present County Commission had adopted a resolution against any fixed
bridge, that the Coast Guard had approved the bridge plans, and that
the Trustees had no recommendation from the staff.
Mr. Faircloth asked for a thorough staff report and made a motion,
seconded by Mr. Williams, that action be deferred until there is a
recommendation from the staff. The motion was adopted on a vote of
five to two, with Mr. Adams and Mr. christian voting "No."
DUVAL COUNTY - Dredge Permit, Section 253.123.
Jacksonville Port Authority applied for permission to dredge
1,000,000 cubic yards of material from the St. Johns River in Sections
53 and 54, Township 1 South, Range 27 East, Duval County. The removal
of this material was approved on September 16, 1969, but sufficient
material was not available in the authorized dredge area for use to
further develop Talleyrand Docks and Terminals. Additional biological
report was not required.
On motion by Mr. Williams, seconded by Mr. Christian and adopted,
the Trustees approved the application.
HIGHLANDS COUNTY - Dredge Permit, Section 253.123-410,
To Improve Navigation.
Virgil H. Rucker applied for a permit to dredge a navigation channel
30 ft. wide by 6 ft. deep in Section 29, Township 35 South, Range 31
East in Lake Istokpoga, Highlands County. He tendered check for
$270 as payment for the material to be placed on applicant's upland.
Biological report was adverse, but the project will provide access
to open water subject to normal stipulations as to dredging.
On motion by Mr. Williams, seconded by Mr. Christian and adopted,
the Trustees approved the application.
LEE COUNTY - Dredge Permit, Section 253.123-418,
To Install Sewer Outfall Line.
Gulf American Corporation, represented by Earl M. Rader, applied for
permit to dredge to install a sewer outfall line in the Caloosahat-
chee River in Section 33, Township 44 South, Range 24 East, Lee
County. The biological report was not adverse, and the Department
of Air and Water Pollution Control had no objection.
On motion by Mr. Williams, seconded by Mr. Christian and Mr. Conner,
the Trustees approved the application.
MONROE COUNTY - Dredge Permit, Section 253.03-141, for Navigation.
12-16-69
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Jerome Baker applied for permission to dredge a perimeter channel on
submerged land previously purchased, and to dredge three connection
channels in Pine Channel in Section 27, Township 65 South, Range 29
East, Monroe County. The material removed would be placed on sub-
merged lands purchased and on upland. Applicant tendered check for
$433.40 as payment for material from the three connection channels.
The biological report as it related to the applicant's property was
adverse. Staff recommended approval of the permit, since only the
three connection channels would be located on sovereignty land. Mr.
Apthorp explained that there was an existing channel offshore about
40 ft. from the line of mean high water.
Mr. Williams had questions about the need for three channels. Mr.
Apthorp said the staff had reviewed the application carefully, and
the applicant had modified his plan as requested.
On motion by Mr. Christian, seconded by Mr. Williams and adopted,
the Trustees authorized issuance of the dredge permit to improve
navigation.
PUTNAT-l COUNTY - Dredge Permit, Section 253.123-412, for Navigation.
Robert L. Gibson applied for permission to dredge a channel connec-
tion to the St. Johns River in Section 39, To\mship 10 South, Range
27 East, Putnam County. All the material removed would be placed on
upland. The biological report was not adverse subject to normal
stipulations as to dredging.
On motion by Mr. Christian, seconded by Mr. Williams and adopted,
the Trustees approved the application for dredging to improve
navigation.
DADE COUNTY - Artificial Reef Permit.
Albert Pflueger, Jr., applied for permit to construct an artificial
reef in the Atlantic Ocean, Dade County. The center of the site
would be 25° 49' 34" N. Latitude, 80° 04' 54" W. Longitude, with a
minimum clearance of 50 feet mean low water. The report from the
Department of Natural Resources was favorable.
On motion by Mr. Christian, seconded by Mr. Williams and adopted, the
Trustees approved issuance of the permit.
LEE COUNTY - Dock Permit (Channel Markers) .
The Christian and Missionary Alliance Foundation, represented by
Duane Hall and Associates, Inc., applied for permission to install
channel markers adjacent to an existing channel in the Caloosahatchee
River at Shell Point in Section 27, Township 45 South, Range 23 East,
Lee County. All required exhibits and $100 processing fee were
submitted for the permit.
on motion by Mr. Williams, seconded by Mr. Christian and adopted, the
Trustees approved the application.
WALTON COUNTY - Dock Permit (Fishing Aids) .
The Board of County Commissioners of Walton County applied for a
permit authorizing the installation of 14 pile markers to reference
the line of demarcation for fresh water and salt water fishing
regulations near the mouth of the Choctawhatchee River extending
between Wheeler Point and Point Washington in Choctawhatchee Bay.
12-16-69
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The Department of Natural Resources would furnish and install the
information signs on the piling. In view of the public nature of
the project, staff requested waiver of the $100 processing fee.
On motion by Mr. Christian, seconded by Mr. Williams and adopted,
the Trustees approved issuance of permit without charge.
HENDRY COUNTY - Application for Oil and Gas Lease.
The Trustees concurred in action taken on this date by the State
Board of Education on the application from Mr. D. Wallace Fields,
attorney representing a major oil company, for an oil and gas drilling
lease of the reserved one-half interest of said Board in the SE^
of NE^ and sH of Section 15, Township 43 South, Range 30 East, con-
taining 360 surface acres (180 net mineral acres) in Hendry County.
Mr. Fields' principal, owner of a lease from the land owner of the
remaining one-half interest, offered annual rental of 50<: per net
mineral acre and one-eighth royalty for ten year primary term lease.
The Board of Education approved the staff recommendation and on
motion by Mr. Christian, seconded by Mr. Williams and adopted, the
Trustees, pursuant to Section 4, Chapter 69-369, Laws of Florida,
authorized advertisement for sealed bids, lease to be for five-year
primary term with annual rental of $1.00 per net mineral acre,
one-eighth royalty, and requirement that at least one test well be
drilled every two and one-half years of the lease, each test well to
be drilled to a depth of 6,000 feet or to the top of the Lower
Cretaceous, whichever is deeper. The bond required by law will be
in the amount of $50,000.
DADE COUNTY - Commercial Sand Lease.
Des Rocher Sand Company requested 2-year renewal or extension of
Commercial Sand Lease No. 2316 covering two small areas near Terminal
Island and two areas 3,500 ft. southeasterly of Cape Florida in the
Atlantic Ocean. Staff recommended a 90-day extension during which
time an updated reviev/ of the royalty could be made.
On motion by Mr . Christian, seconded by Mr. Williams and adopted,
the Trustees authorized 90-day extension of the lease as recommended.
GLADES COUNTY - Grazing Lease.
On November 4, 1969, the Trustees, acting on a request for extension
of Grazing Lease No. 2226 held by Ray D. Chamberlain and Grazing
Lease No. 2237 held by T. M. Beck, extended each lease for 30 days
while the staff prepared a report on the proper rent to be charged
for the reclaimed lake bottom land in Lake Okeechobee.
An inspection was made by a staff member of the Field Operations
Division with findings as follows:
Lease 2226 - 83.35 acres, more or less, of which a portion
has poor drainage and only marginal value as pasture land,
and balance of tract good pasture with fair drainage.
Three-fourths of tract under fence with some cross-fencing.
Land not in use on date of inspection.
Lease 2237 - 100 acres, more or less, at present in flood
condition with vegetation consisting of lilies and water
grass. Boundary lines fenced with no internal improvements.
Present use as cattle pasture with some cattle grazing on
date of inspection.
12-16-69
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staff recommended that each lease be extended for an additional three
years at the same rental of $3 per acre.
On motion by Mr. Faircloth, seconded by Mr. Williams and Mr. Christian,
the Trustees approved the staff recommendation.
LEON COUNTY - Road Right of Way.
The Board of County Commissioners of Leon County by resolution adopted
December 9, 1969, requested an easement covering a small triangular
parcel at the east end of Doyle Conner Boulevard in a part of the
tract in Section 34, To\vnship 1 North, Range 1 East, acquired from
the United States for use by the Department of Agriculture and
Consumer Services. The Department approved issuance of the easement
needed to improve design characteristics of the intersection v/ith the
nev; Apalachee School access road.
On motion by Mr. Faircloth, seconded by Mr. Christian and adopted,
the Trustees authorized issuance of the requested easement to Leon
County .
TRUSTEES' ADMINISTRATIVE RULE CHANGES.
Staff requested authority to amend Trustees Rule No. 200-2.091,
"Dredging trenches for installation of public utilities, pipelines,
and similar uses" to provide for a processing fee for issuance of
permits to applicants. Under provisions of Section 253 .123 (2) (b)
Florida Statutes, permits for such works are required. The processing
of such applications had increased costs of administration to a point
where fees must be assessed to defray such costs.
On motion by Mr. Christian, seconded by Mr. Adams and adopted, the
Trustees authorized amendment of said rule to require a minimum
processing fee of $100 effective immediately.
Also, staff requested authority to amend Ttustees Rule No. 200-2.10(5),
"Confirmation of title in upland owner" to provide' for a processing
fee for issuance of instruments of conveyance under the provisions of
Section 253.12(6) Florida Statutes. Under said statute it is mandatory
that the Trustees issue instruments and no application fee or
processing fee was required heretofore.
On motion by Mr. Christian, seconded by Mr. Adams and adopted, the
Trustees authorized amendment of said rule to require a minimum
processing fee of $100 for such applications.
TRUSTEES FUNDS - Professional Services. Authority was requested for
the Executive Director to execute a contract on behalf of the
Trustees with the surveying and engineering firm of Carl E. Johnson,
inc., and Duane Hall and Associates, both located in Fort Myers, for
the purpose of locating original mean high water line of the North
Bank of the Caloosahatchee River in the Cape Coral area. Also, in
addition to the survey it is proposed that profiles of the river
bottom will be made to determine the quantity of fill removed from
state-owned sovereignty lands. Upon completion of the surveys, the
staff V7ill be in a position to evaluate the most recent proposal
submitted by G. A. C. to settle the Gulf American dredging and
filling matter in the Cape Coral area.
The cost of such surveys will amount to $16,000 for surveys executed
by the Johnson firm and $17,700 for surveys executed by the Hall
firm , for a total of $33,800. Staff requested that the Director
be autliorized to request an increase and release of funds in the
12-16-69
- 541
operating budget, other personal services account, in the stated
amount.
On motion by Mr. Faircloth, seconded by Mr. Christian and adopted,
the Trustees authorized the Director to request the Division of
Planning and Budget, Department of Administration, for an increase
and release of funds in the operating budget, other personal services
account, in the amount of $33,800 for payment of survey services.
On motion duly adopted, the Trustee
ATTEST :
Tallahassee, Florida
December 23, 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.
Tom Adams
Earl Faircloth
Fred 0. Dickinson, Jr.
Broward Williams
Floyd T. Christian
Doyle Conner
James W. Ap thorp
Governor
Secretary of State
Attorney General
Comptroller
Treasurer
Commissioner of Education
Commissioner of Agriculture
Executive Director
The minutes of the meeting of December 16th were approved as
submitted .
LEE COUNTY - File No, 2118-36-253.12, Application for Advertisement.
H. W. Marsh and wife, represented by E. Mitchell Whaley, made appli-
cation to purchase a parcel of sovereignty land embracing 0.2 acre
in Ostego Bay abutting Section 29, Township 46 South, Range 24 East,
in Lee County, landward of the established bulkhead line approved
by the Trustees on January 23, 1968. Applicant offered $1,000 per
acre, total offer of $200, for the land. In that same area other
land had been appraised at $500 per acre, and staff felt that the
valuation was fair.
The submerged land involved was not a grassy nursery or fishing
ground and the biological report was not adverse. Applicant was a
residential builder, needed the small parcel for material with which
12-23-69
- 542 -
to fill an abandoned drainage ditch, and staff recommended considera-
tion of the application under the hardship policy.
On motion by Mr. Christian, seconded by Mr. Faircloth and adopted,
the Trustees authorized advertisement for objections only.
PUTNAM COUNTY - File No. 2279-54-253.03, 253.123 and 253.124.
Putnam County Port Authority requested a temporary spoil easement
to expire on January 20, 1970, over lands that would be subject to
a formal dedication to be presented to the Trustees for confirmation
on that date. The Port Authority had set a target date of December
30, 1969, for acquiring all the necessary permits and other authori-
zation. The sovereignty land to be filled embraced 21.15 acres of
St. Johns River bottom abutting Section 37, Township 9 South, Range
26 East, Putnam County.
Also, staff requested authority to issue a dredge and fill permit
in connection with the project. The biological report dated October
24, 1969, was not adverse.
On motion by Mr. Adams, seconded by Mr. Faircloth and adopted, the
Trustees approved the application for temporary spoil easement and
dredge and fill permit.
MARTIN COUNTY - Emergency Construction.
Martin County was in the process of establishing a bulkhead line
along Jensen Beach Causeway so that an eroded area might be restored,
G. T. Slider, County Engineer-Administrator, applied for permission
to install temporary protective devices to prevent further erosion
of the south side of the causeway.
Staff requested waiver of biological study at this time as such a
study would be obtained prior to the establishment of the bulkhead
line .
Motion was made by Mr. Adams, seconded by Mr. Faircloth and adopted,
that the emergency construction be approved.
MONROE COUIsTTY - Dredge Permit, Section 253.03 Florida Statutes.
Fred P. Henning made application to construct a navigation channel
100 ft. wide, 30 ft. deep and 2,100 ft. long in Hawk Channel in
Township 68 South, Range 25 East. Approximately 205,000 cubic yards
of material would be excavated, 20,000 to be deposited on appli-
cant's property and the remainder removed from the area. Applicant
desired to pay for the material on a monthly basis at the standard
yardage rate of 15<: per cubic yard, as the balance of the material
removed would be sold.
The Department of Natural Resources indicated that a portion of the
area lying shoreward of the minus-six foot mean low water contour
was prime nursery and feeding habitat, destruction of which would
have definite adverse effects on marine resources of the area.
On recommention of the staff, the applicant reduced the channel
from 200 to 100 ft. wide. Staff also recommended reduction of
length from 5,000 to 2,100 ft. The original project involved about
23 acres; the revised project involved about 5 acres of submerged
land. The channel as relocated would serve the navigation needs
of neighboring owners.
12-23-69
- 543 -
On motion by Mr. Christian, seconded by Mr. Adams and adopted, the
Trustees authorized issuance of the dredge permit as recommended.
ESCAMBIA COUNTY - Dredge Permit, Section 253.123, File 409.
Gulf Power Company applied for permit to connect a water intake
canal to Governors Bayou Section 25 (Grant) , Township 1 North, Range
30 East, Escambia County. The intake water v/ould be discharged
through an existing canal until cooling towers were constructed.
The biological survey report was not adverse. The Department of
Air and Water Pollution Control offered no objections.
On motion by Mr .Adams, seconded by Mr. Christian and adopted, the
Trustees approved issuance of the dredge permit.
MANATEE COUNTY - Dredge Permits, Section 253.123, Files 364, 365.
On motion by Mr. Christian, seconded by Mr .Adams and adopted, the
Trustees authorized issuance of dredge permits for improvement of
navigation in areas where the biological report was adverse but the
small cut channels would minimize the damage, to the following:
1. O. M. and E. W. Griffith, represented by John B. Benson, Jr.,
for a channel 30 ft. wide, 5 ft. deep and 500 ft. long in
Section 27, To\^mship 34 South, Range 17 East, Manatee River.
2. George H. Harrison, represented by Mr. Benson, for a channel
30 ft. wide, 5 ft. deep and 400 ft. long in Section 28,
Township 34 South, Range 17 East, Manatee River.
MONROE COUNTY - Dredge Permit, Section 253.03, File 112.
James T, Glass on behalf of William D. Sywetz applied for a permit
to dredge a boat basin approximately 190 ft. long, 115 ft. wide and
25 ft. deep on previously purchased submerged land, and also to
dredge a channel 50 ft. wide by 5 ft. deep in Section 23, Township
63 South, Range 37 East, Hawk Channel, Monroe County. Biological
report was adverse but the applicant had revised his plan to comply
with staff recommendations, and the material to be removed would be
placed on the purchased submerged land.
Mr .Adams pointed out that here, as in other instances, the staff
had obtained modification of applicant's original plan so that less
state submerged land was used. Mr. Dickinson expressed approval.
On motion by Mr .Dickinson, seconded by Mr. Adams and adopted, the
Trustees authorized issuance of the dredge permit to Mr. Sywetz.
SARASOTA COUNTY - Dredge Permit, Section 253.123, File 401.
William F. Bishop on behalf of Casey Key Water Association, applied
for dredge permit to install 8-inch water main in Section 33, Town-
ship 18 South, Range 37 East, and Section 4, Tovmship 18 South,
Range 38 East, Midnight Pass in Seirasota County. Biological survey
report indicated that the work would have limited adverse effects.
On motion by Mr. Christian, seconded and duly adopted, the Trustees
approved issuance of the dredge permit.
MONROE COUNTY - Artificial Reef Permit.
Marathon Chamber of Commerce applied for permit to construct an
artificial reef in Hawk Channel near Key Vaca at 24° 39' 36" N.
Latitude, 81° 04' 41" V7. Longitude.
12-23-69
- 544 -
The report from the Department of Natural Resources recommended
that the permit be granted.
On motion by Mr . Adams, duly adopted, the Trustees authorized
issuance of artificial reef permit for the usual $50 processing fee,
STATE DOCK PERMITS - Section 253.03 Florida Statutes.
On motion by Mr. Williams, seconded by Mr. Faircloth and adopted, the
Trustees approved the following five applications for state
commercial dock permits:
1. ESCAMBIA COUNTY. Applicant, Maurice F. Walker, for a dock in
Pensacola Bay adjacent to Lots 1 and 2, Block 172 of Maxent
Tract in Pensacola. $100 processing fee paid.
2. ESCAIIBIA COUNTY. Clyde Richbourg, applicant for a dock in
Pensacola Bay adjacent to Lots 22 and 23, Block 172 of Maxent
Tract in Pensacola, to replace an existing dock. $100 processing
fee paid.
Letters of "no objection" had not been received for the above two
applications, however the adjacent owners had existing commercial docks,
3. LAKE COUNTY. Florida Game and Fresh Water Fish Commission
applied for permit to construct a public fishing pier on Lake
Minneola in Clermont, Florida, in Section 24, Township 22 South,
Range 25 East. The $100 fee was waived for this public facility.
Approval was made contingent upon receipt of proof of upland
ownership .
4. OKALOOSA COUNTY. Bayview Apartments, Inc., applicant for a
dock in Garnier Bayou in Section 1, Township 2 South, Range 23
West, Okaloosa County. $100 processing fee was paid.
5. PINELLAS COUNTY. Gait Construction Co., Inc., applicant for a
dock approved by Pinellas County Water and Navigation Control
Authority at Lot 33 Pasadena Plaza, Section 30, Township 31
South, Range 16 East, Boca Ciega Bay, for use by condominium
ov/ners. $100 processing fee was paid.
HILLSBOROUGH COUNTY - Canal Easement.
The Southwest Florida Water Management District requested right of way
over and across a portion of land owned by the Trustees and in use
by the Department of Transportation as a maintenance yard. A 0.76
acre parcel was needed for part of the Tampa Bypass Canal project.
The Department of Transportation approved the request.
On motion by Mr. Williams, seconded by Mr. Faircloth and adopted, the
Trustees granted the request for right of way easement.
PINELLAS AND HILLSBOROUGH COUNTIES - Shell Lease.
Staff recommended approval of a modification agreement between the
Trustees, Tampa Port Authority, and Benton and Company, Inc., with
respect to Shell Lease No. 1788 dated February 1, 1962. The company
had been unable to meet the minimum royalty payment required under
the lease terms because oi: financial setbacks and majiagement
problems. An agreement had been negotiated with new management
of the company whereby a penalty of 10% interest per annum would
be paid on the approximate $40,000 past due royalty. It was the
opinion of the Department of Natural Resources that the modification
was in the best interest of the State of Florida.
12-23-69
- 545
On motion by Mr. Williams, seconded by Mr. Faircloth and adopted,
the Trustees approved the modification agreement as recommended.
CLAY COUNTY - Easement for Road Right of Way.
On motion by Mr. Faircloth, seconded by Mr. Christian and adopted,
the Trustees authorized issuance of an easement to the Department of
Transportation covering 0.08 acre in Section 38, Township 5 South,
Range 26 East, Clay County, needed for the construction and
improvement of State Road 15.
The Division of Forestry, presently using the parcel, had reviewed
and approved the right of way request.
CHARLOTTE COUNTY - Oil and Gas Lease.
Application had been received requesting the Trustees to offer for
sale an oil and gas drilling lease covering all of the interest of
the Game and Fresh Water Fish Commission in the lands comprising
the Cecil Webb Wildlife Management Area. The Commission had
reviewed the application and approved offering the land for lease
pursuaht to Chapter 69-369.
Staff recommended advertisement for sealed bids for a lease with
5-year primary term, annual rental of 50<: per acre, 1/8 royalty and
requirement that at least one test well be drilled every 2h years
of the lease, each test well to be drilled to a depth of 6,000 feet
or to the top of the Lower Cretaceous, whichever is lower, and
bond in the amount of $100,000 as required by law.
Dr. Robert Vernon, State Geologist, had reviewed and approved the
above lease terms.
Motion v/as made by Mr. Faircloth, seconded by Mr. Williams and Mr.
Christian, and adopted, that the lease be advertised for bids as
recommended by the staff.
TRUSTEES ADMINISTRATIVE RULES - On motion by Mr. Faircloth, seconded
by Mr. Adams and adopted, the Trustees amended Administrative Rules
and Regulations No. 200-2.05(11), "Application to purchase areas
riparian to upland" and No. 200-2.051(7), "Application to purchase
area^ not riparian to uplcind", to provide for entire payment for
biological surveys and an ecological study as required under the
provisions of Section 253.12(7) Florida Statutes. As recommended by
the staff, applicants shall tender a minimum of $100 by check payable
to the Department of Natural Resources for the biological report,
and also shall submit $75 application fee with each application -
without provision for refund in the event the application should not
be processed to the advertisement.
TRUSTEES FUNDS - Mapping.
1. Shoreline Mapping. Staff requested authority to continue the
cooperative agreement dated April 18, 1969, with the United States
Coast and Geodetic Survey for the shoreline mapping program.
Expenditures of $125,000 to U. S. C. & G. S. on March 25, 1969, and
$125,000 to the Board of Conservation on June 10, 1969, were
approved for this program. Payment of $125,000 was due to the
United States for the fiscal year 1969-70 if the program was to be
continued, and Trustees' funds were available within the current
operating budget for this expenditure. However, these funds had
12-23-69
- 546 -
not been requested for 1970-71. It was anticipated that the Depart-
ment of Natural Resources would assume the cost in 1970-71.
2. Topographic Mapping. Staff also requested authority to continue
the cooperative agreement with the United States Geological Survey
and the Department of Transportation dated February 27, 1969, for the
accelerated topographic mapping program. Funds for payment of
$250,000 for 1969-70 were available in the Trustees' current operating
budget. These funds had not been requested for 1970-71, as it was
anticipated that the Department of Natural Resources would assume the
cost in that year.
Motion was made by Mr. Faircloth, seconded by Mr. Conner and adopted,
that the cooperative agreements for shoreline mapping and for
topographic mapping be continued and Trustees' funds be used in the
amount of $125,000 to the U. S. C. &G. S., and $250,000 to the
U. S. G. S. for fiscal year 1969-70.
DADE COUNTY - Jet Port. Governor Kirk called attention to a telegram
from the United States Secretary of Transportation John a. Volpe, copy
of which was furnished to members of the Cabinet, which requested
approval for the following language to be inserted in any agreement
relative to the selection of a regional airport site in South Florida:
"The State of Florida agrees that it will diligently assist Dade County
in the location of a suitable site in South Florida for a regional
airport adequate to accommodate passenger, cargo, mail and training
facilities. in the event title to such site selected or any part
thereof shall be in the State, the State shall convey the same to
Dade County without cost." The Governor said he would have no objec-
tion to that, but it would require the agreement of the entire
Cabinet.
Mr. Adams said the State had cooperated before by making land avail-
able and he was sure would do so again, but he would think that some
trade should be worked out and areas in the present site should be
surrendered in lieu of new sites that might be made available for a
new location. Mr. Christian and Mr. Faircloth agreed that state
land not used for the jet port should revert to the Trustees for
other public purposes. Mr. Faircloth also would like to see the
total agreement in which the above language is to be inserted, as
there were other questions in which the Board should be very much
interested. Mr. Dickinson said he was sure the Governor had apprised
Mr. Volpe of the problems and that the State government would work
cooperatively toward a solution. Mr. Williams said the local people
were working on a recommendation to bring to the Board.
Motion was made by Mr. Adams, and adopted, that the Trustees approve
the language provided that it is recognized that there might be
some trade involving lands previously made available for the first
jet port site which lands might not now be in a possible relocated
site, that the Trustees are willing to cooperate, first, with the
Dade County Port Authority in finding a new location and second, if
State lands are involved to make them available.
SUBJECTS UNDER CHAPTER 18296
ALACHUA AND OSCEOLA COUNTIES - On motion duly adopted, the Trustees
approved Murphy Act Bidding Report No. 961 listing 2 regular sales
of land in Alachua County and 232 regular sales in Osceola County
under the provisions of Chapter 18296, the Murphy Act, and
12-23-69
- 547 -
authorized execution of deeds pertaining thereto.
REFUND - On motion by Mr. Conner, duly adopted, the Trustees
authorized refund of $15.00 to Real Estate Title Company for the
reason that the Department of Transportation declined to recommend
the release of state road right of way reservation contained in
Hillsborough County Murphy Act Deed No. 889.
On motion duly adopted, the meeting
ATTEST:
* * *
Tallahassee, Florida
January 6, 1970
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.
Tom Adams
Earl Faircloth
Fred 0. Dickinson, Jr.
Broward Willieims
Floyd T. Christian
Doyle Conner
James W. Apthorp
Governor
Secretary of State
Attorney General
Coitptroller, present part time
Treasurer
Commissioner of Education
Commissioner of Agriculture
Executive Director
The minutes of the meeting of December 23rd were approved as
submitted .
ST. LUCIE COUNTY - Bulkhead Line, Section 253.122, Florida Statutes,
The Board of County Commissioners of St. Lucie County adopted a
resolution on November 26, 1969, locating a bulkhead line along the
line of mean high water on the east shore of the Indian River in
Sections 10 and 11, Township 34 South, Range 40 East, St. Lucie
County. There were no objections at the local hearing. The biologi-
cal survey report was not adverse and the eirea was in Aquatic Preserve
No. A-9.
On motion by Mr. Christian, seconded by Mr. Adams and adopted, the
Trustees approved the bulkhead line as adopted by St. Lucie County.
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MONROE COUNTY - File Nos. 2249,2250, 2251 and 2252-44-253.12.
Thomas 0. Neff, Executor of the Estate of Ed R. Neff, deceased,
requested withdrawal of application to purchase four parcels of
sovereignty land abutting Crawl Key in Monroe County. The biological
report was adverse to sale and development of the submerged land.
As recommended by the staff, motion was made by Mr. Christian, seconded
by Mr. Williams and adopted, that $50 of each application fee, or a
total of $200, be refunded and the files deactivated.
COLLIER COUNTY - File No. 2236-11-253.12, Land Sale.
On November 18, 1969, the Trustees considered the application from
Naples Yacht Club, Inc., to purchase a parcel of sovereignty land *in
Naples Bay abutting Tier 8, Block 6, Replat of Tiers 3 to 10, Plat
Book 1, Page 76, public records of Collier County, in Section 10,
Township 50 South, Range 25 East, Collier County, appraised at $2,400.00
for the parcel to be used to expand yacht club facilities. Notice of
sale was published in the Collier County News, proof of publication
filed, and no objections were received. Confirmation of sale was
recommended on this date, no meeting having been scheduled for the
advertised sale date of December 30, 1969.
The biological survey report on the 0.69 acre application parcel was
not adverse, the Interagency Advisory Committee reaffirmed the loca-
tion of the bulkhead line, and the City of Naples had made satisfactory
progress on its bulkhead line review.
On motion by Mr. Christian, seconded by Mr. Faircloth and Mr. Adams,
and adopted, the Trustees confirmed sale of the advertised parcel to
the applicant at the appraised price.
PALM BEACH COUNTY - File No. 2215-50-253.12, Application to Advertise.
Brockway, Owen & Anderson Engineers, Inc., on behalf of John Moore
and wife, applied to purchase a 0.82 acre parcel of sovereignty land
in Lake Worth abutting Lots 5-6-7 Block "Q" Prospect Park, Plat Book
7, Page 60, public records of Palm Beach County, in Section 34, Town-
ship 43 South, Range 43 East, Palm Beach County, appraised at
$7,865,85 per acre or $6,450.00 for the parcel. Staff was of the
opinion that the valuation was fair for the area which applicant had
indicated was desired to enlarge size of an upland residential lot
cind no building was planned.
The biological survey report was not adverse, showing the area to be
a mixture of sand and shell, supporting no attached vegetation, and
selling and filling should not materially affect marine biological
resources. The application area was within the bulkhead line
reaffirmed by the Interagency Advisory Committee on June 27, 1968.
Area Planning Board of Palm Beach County objected to sale of the land
in their meeting on July 22, 1969.
Also: File No. 2031-50-253.12, Application to Advertise.
Brockway, Owen & Anderson Engineers, Inc., on behalf of Arthur J,
Paynter and wife, applied to purchase a 0.778 acre parcel of
sovereignty land in Lake worth abutting Lots 24 through 27, Block
2, North Palm Beach, Plat Book 6, page 30, in Section 3, Township
43 South, Range 43 East, West Palm Beach, Palm Beach County, appraised
at $11,465.30 per acre, or $8,920.00 for the parcel. Staff was of
the opinion that the valuation was fair. Applicant proposed to
extend ^he upland out to conform to areas already filled to the
north and no building was planned on the parcel.
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The biological survey report was not adverse, stating that the area
was sandy and unvegetated except for a small patch of seagrass, and
that sale and development should not have significant adverse effect
on marine biological resources in the area. The application area
was within the bulkhead line reaffirmed by the Interagency Advisory
Caranittee on June 27, 1968. Area Planning Board of Palm Beach
County offered no objections in meeting July 9, 1968. Several
parcels lying northerly of this one had been sold.
Mr. Christian made a motion that the two application parcels be
advertised for objections only as recommended by the staff.
Mr. Adams noted that no building was planned in each application,
but in the discussion it was brought out that no restriction was
contemplated in an instrument of conveyance. Assistant Attorney
General Herbert Benn stated that kind of restriction would be mean-
ingless as the Board did not have the authority, but he would
recommend that the land not be sold. The Director said that
objections probably would be received since one or two had already
been filed, and that the staff would proceed to advertise the two
application parcels for objections only. It was so ordered.
BREVARD COUNTY - Dedication No. 24084(1588-05-253.12)
The City of Cocoa by resolution adopted on November 25, 1969,
requested a three-year extension of an original dedication granted
on November 19, 1965, embracing 5.11 acres of sovereignty land in
the Indian River for municipal park and recreational purposes
conditioned upon the city using and maintaining the area consistent
with the terms of the dedication. The city advised that financial
difficulties had made it impossible to proceed under the original
terms of the dedication.
On motion by Mr. Conner, seconded by Mr. Adams and adopted, the
Trustees granted the three-year extension with the provision that
if the city fails to develop the parcel within the period of exten-
sion, the dedication will automatically terminate without any further
action by the Trustees.
PINELLAS COUNTY - File No. 2295-52-253.03, Right of Way Easement.
On motion by Mr. Christian, seconded by Mr. Adams and adopted, the
Trustees authorized issuance of an easement to the Southwest Florida
Water Management District embracing 5.68 acres in Lake Tarpon
abutting Section 19, Township 27 South, Range 16 East, Pinellas
County, needed in order to complete the; Lake Tarpon Sink Enclosure
as approved by the Trustees on February 20, 1968.
MONROE COUNTY - Easement and Dredge Permit, Sections 253.03 and
253.123 Florida Statutes.
The Department of Transportation requested (1) an alternate dredging
area and dredge permit embracing 9.0 acres of sovereignty land in
Florida Bay abutting Sections 32 and 33, Township 66 South, Range
30 East, Monroe County, required for fill material in connection
with construction of the new Bahia Honda Bridge, and (2) storage
area embracing 3.4 acres and haul route of 0.15 acre of sovereignty
land abutting the dredge area. The Department would quitclaim the
area originally granted by the Trustees.
The biological report was adverse to the alternate area but the
Department of Transportation advised that it would eliminate the
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hazard of using U. S. No. 1 for a haul route and would aid in the use
of public boating facilities in the area. Trustees' staff recom-
mended approval.
On motion by Mr. Faircloth, seconded by Mr. Christian and adopted,
the Trustees authorized issuance of the easement and dredge permit
requested by the Department of Transportation.
BAY COUNTY - Dredge Permit, Section 253.123, File 425.
On motion by Mr. Faircloth, seconded by Mr. Christian and adopted,
the Trustees approved issuance of a dredge permit to E. K. Parker to
dredge a navigation channel 20 ft. wide and 5 ft. deep in Section 25,
Township 4 South, Range 14 West, Pitts Bayou, Bay County. The material
would be placed on applicant's upland and biological report was not
adverse .
BROWARD COUNTY - Dredge Permit, Section 253.123, File 431.
On motion by Mr. Christian, seconded by Mr. Faircloth and adopted,
the Trustees approved issuance of a dredge permit to Florida Power
and Light Company for installation of a submarine power cable in the
intracoastal Waterway, Hallandale Florida, in Section 26, Township 51
South, Range 42 East, Broward county. The biological report was not
adverse .
LEE COUNTY - Bulkhead Line Review.
On June 10, 1969, the Tijustees called for a review of bulkhead lines
in Lee County in compliance with recommendations of the Interagency
Advisory committee reports, and action was deferred on individual
applications. On November 25 Lee county submitted a comprehensive
report relative to the status of all bulkhead lines within the county
which in the opinion of the staff complies with the Trustees' action
on June 10 and conforms with the July 1st policy. Mr. Apthorp said
the staff felt that the county was in conformity with recommendations
and policies and by memorandum dated December 23, 1969, the staff
had recommended that applications from Lee County be considered.
Governor Kirk said the Board accepted the report.
LEE COUNTY - Dredge Permit, Section 253.123 Florida Statutes.
West valley Estates, Inc., represented by W. S. Thompson Company,
inc., applied for permission to remove 176,976 cubic yards of
material from Deep Lagoon, Caloosahatchee River, in Section 20,
Township 45 South, Range 24 East, Lee county, which application was
deferred on November 4 pending compliance by the county with the
interagency Advisory Committee recommendations- The material would
be deposited on applicant's upland and check in tne amount of
$17,976.00 was tendered in payment for the fill material.
The Director explained that the biological report was adverse to the
initial plan, however the applicant had modified his project pursuant
to staff recommendations for the purpose of minimizing damage to
marine resources. Staff recommended approval.
Motion was made by Mr. Adams, seconded by Mr. Christian, that the
Trustees authorize issuance of the permit. The motion was adopted,
with Messrs. Williams and Conner voting "No."
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MARTIN COUNTY - Dredge Permit for Beach Nourishment.
Action was deferred on an application from the Town of Jupiter
Island to dredge material from Pecks Lake for a beach nourishment
project, for the reason that the Department of Natural Resources
did not take action on the matter on this date.
MONROE COUNTY - Dredge Permit, Section 253.03, File 150.
On motion by Mr. Christian, seconded by Mr. Williams and adopted, the
Trustees approved issuance of dredge permit to Lavern B. Pokorski,
represented by James T. Glass, for a standard navigation channel
in Section 34, Township 66 South, Range 29 East, Big Pine Channel,
Monroe County, for which the biological survey report indicated
only limited adverse effects.
MONROE COUNTY - Dredge Permit, Section 253.03, File 153.
On motion by Mr. Christian, seconded by Mr. Faircloth and adopted,
the Trustees approved issuance of a permit to Norman R. Dunn to
perform maintenance dredging in an existing boat basin in Section 19,
Township 65 South, Range 34 East, Monroe County, in the Bay of
Florida. The biological report was adverse but the staff recommended
approval, as the project would improve existing navigation facilities,
OKALOOSA COUNTY - Dredge Permit, Section 253.123, File 404.
Motion was made by Mr. Christian, seconded by Mr . Faircloth and
Mr. Williams, and adopted, that dredge permit be authorized to James
B. Fatherree to dredge a navigation channel in Sections 31 and 32,
Township 1 South, Range 25 West, Paquito Bayou, Okaloosa County.
The biological survey report was not adverse, and the material
would be placed on upland property.
PALM BEACH COUNTY - Dredge Permit, Section 253.123, File 430.
Motion was made by Mr. Adams, seconded by Mr. Faircloth and adopted,
that dredge permit to Florida Power and Light Company be approved
for installing a power cable in Sections 2 and 3, Township 45 South,
Range 43 East, Lake Worth, Palm Beach County. The biological survey
report was not adverse.
PINELLAS COUNTY - Dredge Permit, Improve Upland, Section 253.123.
Pinellas county Water and Navigation Control Authority issued a
permit, subject to Trustees' approval, to Louis H. Fernandez for
dredging in The Narrows, Lot 6, Section A, Indian Beach Manor, for
material to be placed on applicant's upland. Check for $250.00 was
tendered in payment for the fill material.
The biological survey report was adverse, but the proposed dredge
area would provide access to navigable waters and staff recommended
approval.
On motion by Mr. Christian, seconded by Mr. Adams and adopted, the
Trustees approved issuance of the dredge permit.
SJUIASOTA COUNTY - Dredge Permit, Section 253.123, File 432.
On motion by Mr. Adams, seconded by Mr. Faircloth and adopted, the
Trustees approved application from Florida Power and Light company
to dredge to install submarine cable across Little Sarasota Bay in
Sections 19 and 20, Township 37 South, Range 18 East, Sarasota
County, for which the biological repcrt was not adverse.
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CHARLOTTE COUNTY - Artificial Reef Permit.
Charlotte County Board of County Commissioners applied for permit to
construct an artificial fishing reef of tires fastened in clusters
of three, weighted with concrete, with a minimiam clearance of 6 feet
mean low water and marked by pilings, in Charlotte Harbor at the
following site: south-southeasterly from Locust Point on Hog Island
at 26°54'49" N. Lat., 82°07'36" W. Long. The required processing
fee of $50.00 was tendered, and staff recommended approval.
The Department of Natural Resources recommended approval. Charlotte
County Recreation and Parks Department had coordinated its efforts
to improve fishing with the Department of Natural Resources.
On motion by Mr. Adams, seconded by Mr. Christian and adopted, the
Trustees approved issuance of the artificial reef permit.
COLLIER COUNTY - Dock Permit, Section 253.03 Florida Statutes.
Alliance Machine Company, care of Rod aid Gun Club of Everglades
City, Florida, applied for after-the-fact permit for two commercial
docks adjoining their upland on the Barron River in Section 14,
Township 53 South, Range 29 East, Collier county.
After learning that permits were required, the applicant submitted
the application on his own initiative, furnishing all required
exhibits including $100 processing fee.
On motion by Mr. Christian, adopted without objection, the Trustees
authorized issuance of the state dock permit.
PALM BEACH COUNTY - Dock Permit, Section 253.03 Florida Statutes.
Jack colon Lee, 308-A East Ocean Avenue, Lantana, Florida, applied
for a permit for construction of a dock in Lake Worth in Section 3,
Township 45 South, Range 43 East, Palm Beach County. Required
exhibits and $100 processing fee were submitted. The city, owner
of adjacent property on the east, had no objection and had issued
construction permit for the dock. Adjacent owner on the west had no
objection and had an existing dock structure. Objection from two
owners several lots removed from the site was based on the nature
of the operation, but the Director explained that the applicant was
licensed to operate a party boat, was presently operating from a
boat slip, and the permit was for a proper structure in accordance
with local zoning.
on motion by Mr. Adams, seconded by Mr. Christian and adopted, the
Trustees authorized issuance of the permit. Mr. Williams voted "No."
PINELLAS AND HILLSBOROUGH COUNTIES - Dock Permit, Mooring Anchor
~~ ~~" Buoys, Section 253.03 F. S.
Benton and Company, Inc., St. Petersburg, Florida, applied for
permit for mooring buoy anchors for barges adjacent to the Gandy
Bridge and the W. H. Frankland Bridge in Old Tampa Bay. All
required exhibits, including $100 processing fee, were submitted
and staff recommended approval. The Director explained that the
applicant desired to tie up barges while waiting for the bridge to
open, and to await proper weather conditions. He said it would
set no precedent as the Trustees had given other permits for mooring
facilities. Also, Corps of Engineers and Coast Guard permits would
be required to protect navigation.
Mr. Faircloth suggested that an expression from the Department of
Transportation as to any hazard to the bridges might be required.
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The sites were three thousand feet from the bridges.
Motion was made by Mr. Christian, seconded by Mr. Williams and
adopted, that action be deferred until clearances were received
from the Etepartment of Transportation, Coast Guard and Corps of
Engineers .
Mr. Adams felt that approval might lead to requests from other
commercial operators, that the buoys would have to be lighted, and
upon Mr. Christian withdrawing his motion Mr. Adams made a motion
that the application be denied. Motion was seconded by Mr. Williams
and adopted without objection.
WEST FLORIDA COUNTIES - Hurricane Camille Damage.
On October 7, 1969, the Trustees granted authority for the staff to
issue emergency permission for upland owners to install protective
devices in areas damaged by Hurricane Camille. On-site inspection
of ten damaged areas indicated that the damage was not as extensive
as the staff was led to believe, only one area having suffered
extensive damage. This property owner was authorized to place
rip-rap in the eroded area to prevent further erosion and is in the
process of making application for permit to reclaim the area lost
by action of the hurricane. The staff requested that the authority
granted on October 7 be withdrawn.
On motion by Mr. Williams, seconded by Mr. Christian and Mr. Adams,
it was so ordered.
TRUSTEES ADMINISTRATIVE RULE CHANGES.
(1) On motion by Mr. Adams, seconded by Mr. Williams and adopted,
the Trustees authorized amending of Rule No. 200-2.05(10) "Applica-
tion to purchase areas riparian to upland", and Rule No. 200-2.051(6)
"Application to purchase areas not riparian to upland", to require
the applicant to defray entire cost of appraisal service and payment
for appraisal to be tendered prior to confirmation of sale of lands
siibject to application.
Mr, Apthorp said there was now an appraiser on the Trustees' staff
v/ho would review or make appraisals, and the applicant would bear
the expense.
(2) On motion by Mr. Christian, seconded by Mr. Williams and passed
without objection, the Trustees adopted a new rule under the provi-
sions of Chapter 120, Florida Statutes, and the general authority
of Section 253.03(7) Florida Statutes, to provide for issuance of
permits for the construction of utility cables, pipelines, or other
suspended structures where no dredging or filling is contemplated,
and easements would be unnecessary over sovereignty lands. A
minimum fee of $100 would be charged for processing such permits.
The staff had recommended that for such suspended or unburied
installations, the permit procedure be used rather than easements.
It was explained that usually the public need was served, but it
required inspection and a minimum charge was to be made.
HENDRY COUNTY - Oil and Gas Lease.
Application was received for lease of the reserved one-half
interest of the Board of Education in land owned by the United
States (a part of the Big Cypress Seminole Indian Reservation)
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in Section 16, Township 48 South, Range 33 East, containing 640 acres
or 320 net mineral acres in Hendry County. On this date the Board
of Education approved the offering for oil and gas lease by the
Trustees,
Concurring with the action by the Board of Education, on motion by
Mr. Christian, seconded by Mr. Faircloth and adopted, the Trustees
pursuant to Section 4, Chapter 69-369, Laws of Florida, authorized
advertisement for sealed bids on the reserved one-half interest held
by the Board of Education, for oil and gas lease with 5-year primary
term, annual rental of $1 per net mineral acre, 1/8 royalty and
requirement that at least one test well be drilled every 2h years of
the lease, each test well to be drilled to a depth of 6, 000 feet or to
the top of the Lower Cretaceous, whichever is deeper, and bond as
required by law in the amount of $50,000.
FLAGLER COUNTY - Dedication.
On this date the Board of Education approved dedication of 35 acres
to the Board of County Commissioners of Flagler County for a public
recreational facility sponsored by the Flagler County Cattleman's
Association, Inc., a non-profit corporation assisted by the Flagler
County Recreation Committee, County Commission, Board of Public
Instruction and others. The land was part of a 183-acre tract of
school land in Sections 3 and 4, Township 12 South, Range 30 East,
used for a number of years for educational purposes by the Flagler
County 4-H Club and Bunnell FFA. The Flagler County School Board by
resolution endorsed the proposed use of the tract, primarily for the
annual "Cracker Day" event featuring horse racing and other rodeo
activities .
Concurring with the action of the Board of Education, the Trustees
on motion by Mr. Christian, seconded by Mr. Faircloth, authorized
issuance of the dedication as requested by Flagler County.
TRUSTEES FUNDS - The Pensacola Historical Restoration and Preserva-
tion commission requested consideration of a grant of $157,000 to
match that amount of "open spaces" federal funds for the acquisition
of parcels of land along the Pensacola waterfront having historical
significance .
On November 18, 1969, 14r . Adams had discussed the proposed grant from
the U. S. Department of Housing and Urban Development and said that
it might be a wise investment of Trustees ' funds to purchase valuable
waterfront property. Legislative reorganization having placed the
Pensacola Historical Restoration and preservation commission in the
Department of State, the Secretary of State recommended purchase of
the land as a good investment of Trustees' funds for land, title to
which would be placed in the Trustees of the Internal Improvement
Trust Fund.
Motion was made by Mr. Adams, seconded by Mr. Faircloth and adopted,
that $157,000 of Trustees' funds be made available to match an equal
amount of federal funds for the purchase of land requested by the
Pensacola Historical Restoration and preservation Commission.
SUBJECTS UNDER CHAPTER 18296
On motion by Mr. Christian, seconded by Mr. Conner and adopted,
the Trustees authorized refund of $15.00 to Duncan and Foster,
Attorneys at Law, for the reason that the Department of Transporta-
tion declined to recommend release of the state road right of way
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reservation contained in Bay County Murphy Act Deed No. 395. Duncan
and Foster had submitted that amount for quitclaim deed releasing
said reservation.
On motion duly adopted.
ATTEST
Tallahassee, Florida
January 13, 1970
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.
Tom Adams
Earl Faircloth
Fred O. Dickinson, Jr.
Floyd T. Christian
Doyle Conner
Fred Vidzes
Governor
Secretary of State (present part time)
Attorney General
Comptroller
Commissioner of Education
Commissioner of Agriculture
Staff Member
Minutes of the meeting of January 6, 1970, were approved as
submitted .
DADE COUNTY - File No. 2144-13-253.12, Land Sale Considered.
On October 14, 1969, the Trustees deferred action until this date on
an application from Key Biscayne Yacht Club, Inc., to purchase a
parcel of sovereignty land embracing 0.74 acre in Canal Haciendo in
Section 32, Township 54 South, Range 42 East, Key Biscayne, Dade
County, pending receipt from the applicant of development plan which
had subsequently been furnished showing proposed boat docking
facilities and access to the dock in the canal .
Offer of $1,000.00 was made for the land. Conveyance, if sale is
made, will contain a 50 ft .wide drainage easement in favor of
Metropolitan Dade County for drainage purposes which would make the
land unsuitable for building purposes. Staff felt that the offer was
fair value for the land and recommended sale, part of the parcel
subject to conveyance to contain a restrictive covenant that will
preclude filling of the canal but allow dock structures therein.
The biological report was adverse, showing that although a bulkhead
line was in place along shore, the water depths were sufficiently
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shallov/ to permit growth of grass. To reduce damage to the grassy
habitat, applicant modified the plan and proposed to fill only 0.16
acre of the parcel to be purchased. The Interagency Advisory
Committee recommended the bulkhead line at this area to be at the
shore line. Dade County revised the bulkhead line to follow the shore
line generally, and the Trustees approved the line January 28, 1969.
Notice of the application for sale was advertised and numerous objec-
tions received, primarily directed toward the proposed use that would
affect adjoining property values. Present on this date representing
the applicant were Commodore Dr. John Handwerker, Attorney Thomas H.
Wakefield, Regis Gallagher, Gene Beauchamps; and a number of objectors
also were present including Raymond E. Turner.
Dr. Handwerker discussed the Yacht Club membership, improvement
program to further upgrade boating facilities on Key Biscayne, and in
greater detail Mr. beauchamps explained expansion plans as modified.
Mr. Adams suggested that only the small portion to be filled could be
sold. Thomas H. Wakefield, attorney for the Yacht Club, said the
protests were a natural result of a few surrounding residents, that
the use and zoning were matters governed by the local authorities.
Being a member of the Yacht Club, Governor Kirk said he would
disqualify himself from voting. He raised a n\irober of questions
particularly regarding the zoning changes.
Mr. Raymond E. Turner opposed any filling of areas in bays and rivers,
and while not opposed to the Yacht Club he did object to its continued
expansion and features of its activities which disturbed residents
nearby. He had not seen the revised plans until the day before and
pointed out that changes in zoning would be necessary. Also, the
price offered was unrealistic in Mr. Turner's opinion, and it was
brought out that the parcel had not been appraised. It was explained
that the value was low because of the 50-foot wide drainage easement
to the county, and that the unfilled part of the canal could be used
by the public. However, Mr. Turner said the club had fenced the canal.
Mr. Christian asked for an appraisal, and Mr.Faircloth for a staff
report on the advisability of sale of only the 0.16 acre proposed to
be filled and issuance of dock permit for the other construction.
The Governor said they should be consistent with what had been done
for the private owners on the other side. On behalf of the applicant,
Mr. Wakefield said they would abide by the cabinet recommendations
and would try to work out the matter.
On motion by Mr. Faircloth, duly adopted, the Trustees postponed
action on the sale application.
Seminole County- Exchange Agreement. On February 28, 1967, the
State Board of Education entered into an agreement with the City of
Sanford whereby approximately eh acres held by that Board would be
conveyed to the city in exchange for extension of a 6-inch water
main approximately 6,072 feet to the present Central Florida Experi-
ment Station. The water line was completed and accepted by the
Board of Regents which recommended execution of deed to the City of
Sanford pursuant to the exchange agreement.
The appraised value of the property described as the South 628 ft. of
Lot 22 and the East 114 ft. of the South 628 ft. of Lot 23 in Pace
Acres, MB 3, p. 21, public records of Seminole County, was between
$14,212 and $18,000 at the time the agreement was made, and the
cost of the water line extension was estimated at $19,400,
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Pursuant to Section 253.111 Florida Statutes, the Beard of County
Commissioners of Seminole County was advised and allowed 90 days in
which to request the s\ibject parcel for recreational purposes. In
the absence of a response from the county, staff recommended
approval of the exchange.
On motion by Mr. Christian, seconded by Mr. Faircloth and adopted,
the Trustees approved the exchange and issuance of deed to the City
of Sanford.
ST. LUCIE COUNTY - Corrective Deed, Quitclaim No. 17895-A dated
September 21, 1967, to City of Fort Pierce.
On motion by Mr. Christian, seconded by Mr. Faircloth and adopted,
the Trustees authorized issuance of a corrective deed requested by
Mr. Spencer B. Gilbert, City Attorney of Fort Pierce, Florida, to
remove an error in the metes and bounds description contained in the
original deed.
PALM BBACH COUNTY - Corrective Deed No. 18277.
On motion by Mr. Faircloth, seconded by Mr. Christian and adopted,
the Trustees authorized issuance of a corrective deed requested by
Mr. T. M. Rickards, Jr., representing Maude Scogin Lay field, et al,
grantees, to correct a bearing in the description of a parcel of
reclaimed lake bottom land in Section 1, Township 44 South, Range 35
East, Palm Beach County. Applicant had quitclaimed to the Trustees
the erroneous description.
MARTIN COUNTY - Dredge Permit for Beach Nourishment.
A matter again placed on the agenda for action by the Trustees and
the Department of Natural Resources was withdrawn from the agenda
for the reason that the Department of Natural Resources did not take
action on this date.
LEVY COUNTY - Commercial Dock Permit, Section 253.03 F. S.
On motion by Mr. Christian, seconded by Mr. Faircloth and adopted,
the Trustees authorized issuance of state dock permit to Henry J.
Brown of Cedar Key, Florida, for construction of a dock adjacent to
upland in Section 29, Township 15 South, Range 13 East, Levy County,
for which all required exhibits and $100 processing fee had been
submitted .
SHELL LEASE REPORTS - The Trustees accepted for the record the report
showing the following remittances to Florida Department of Natural
Resources from holders of dead shell leases:
Lease No. Name of Company Amount
1718 Radcliff Materials, Inc. $ 9,953.43
1788 Benton & Company, Inc. 15,899.42
2233 Bay Dredging & Construction Co. 5,122.09
Governor Kirk asked for a report on when Benton and Company would
be current in their payments.
TRUSTEES OFFICE - Retirement Policy.
On motion by Mr. Christian, seconded by Mr. Faircloth and adopted
without objection, the Trustees approved the recommended retirement
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policy for employees of the Board of Trustees of the Internal
Improvement Trust Fund pursuant to Section 112,051, effective
January 1, 1970.
DUVAL COUNTY - Spoil Easement, File No. 2286-16-253.03.
Jacksonville Port Authority applied for maintenance spoil easement in
St. Johns River in Township 2 South, Range 26 East, lying south of
the Fuller Warren Bridge, covering 500 acres, more or less, in Duval
county .
The area had previously been used for spoiling under authorization
of U. S. corps of Engineers Permit SAJSP 67-434, the biological survey
report was not adverse, and continued spoiling should not have
significant adverse effect.
on motion by Mr. Conner, seconded by Mr. Christian and adopted, the
Trustees authorized issuance of the requested easement.
HIGHLANDS COUNTY - Lake McCoy.
Governor Kirk asked for information from the staff with respect to
state road construction now behind schedule 128 days being held up
pending an ecological report. Mr. Vidzes said the staff had requested
the Game and Fresh Water Fish Commission to comment because of the
concern expressed by people fearing possible encroachment on Lake McCoy.
At the request of the Governor, the matter will be placed on the
agenda next week.
DADE COUNTY - Reported Encroachment on Sovereignty Land in Miami
Beach, Florida.
Mr. D. P. S. (Dan) Paul, an attorney from Miami, reported a situation
that could become similar to that at Golden Beach (minutes of November
18 1969) where he said state sovereignty land was being encroached
upin and a new building advertised as "Maison Grande " could prevent
access to the public beach. With copy of a newspaper advertisement
and aerial photographs, he described the situation and asked for an
immediate investigation, offering to furnish a survey showing the
location of the mean high water line.
Mr. Dickinson noted in the photograph that there were existing
structures allegedly on sovereignty property creating problems for
egress and ingress to the public beach and waters. Mr. Paul said
the public should be able to use the beaches, that some effort should
be made to reclaim possession, and he urged the Board to prevent
further investment in this particular building project.
Mr. Faircloth said it could be stopped, that the Board should not
have to get information from citizen-reports as there should be some
watch-dog committee, that there was very little beach available
to the public at the present time.
on motion by Mr. Faircloth, adopted without objection, the Trustees
ordered an immediate investigation by the Department of Natural
Resources, Beaches and Shores Division, and the Trustees staff, and
that an emergency meeting be called during the week if necessary.
SUBJECTS UNDER CHAPTER 18296
on motion duly adopted, the Trustees accepted Murphy Act Report No.
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962 and approved five reguleu: bids for sale of land in Osceola County
under provisions of Chapter 18296 Acts of 1937 - Section 192.38
Florida Statutes.
On motion duly adopted, the meeting was a.pj(mrned
ATTEST:
*** *** ***
Tallahassee, Florida
January 20, 1970
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.
Tom Adams
Earl Faircloth
Broward Williams
Floyd T. Christian
Doyle Conner
James W. Ap thorp
Governor
Secretary of State (Present part time)
Attorney General
Treasurer
Commissioner of Education
Commissioner of Agriculture (part time)
Executive Director
Minutes of the meeting of January 13, 1970, were approved as submitted,
Secretary of State Adams was asked to preside, as the Governor had
to be out of the room temporarily. During consideration of the first
two items on the agenda, bulkhead lines in Pinellas County, Mr.
Adams was presiding officer.
PINELLAS COUNTY - Bulkhead Line, Segment No. 2, Town of South
Pasadena.
The Board of County commissioners of Pinellas County had asked to be
heard relative to the established bulkhead line. Segment No. 2, for
the Town of South Pasadena that the Trustees had approved on December
2, 1969. Rehearing was desired not to have the Trustees change their
action but to make the record very clear that many things were taken
into consideration in formulating the decision.
Richard L. Stewart, Pinellas County Attorney, said the record should
be clarified since the case was now in court and there were several
reasons for further explanation in the record. He then reviewed the
overall situation in the area known as South Pasadena Bulkhead Line
No, 2, telling of various applications and actions from 1958 to the
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present with respect to dredge and fill permits, bulkhead lines, and
land formerly owned by Geisen and Hienan and now by South Pasadena
Development Corporation, both having been represented by Adrian S.
Bacon, attorney. Mr. Stewart said that on the face of the record of
December 2, 1969, the Trustees* sole reason, apparently, for approval
of the bulkhead line as established by Pinellas County had been the
Boca Ciega Bay Aquatic Preserve law. Chapter 69-342.
Mr. Christian said the Trustees' approval was on the basis of the
interagency Advisory Committee report, the recommendations of the
staff and of the Pinellas County Water and Navigation Control Authority,
Mr. Apthorp expressed the opinion that the action of the Trustees was
always based on all the records and recommendations available, that
certainly the legislative act creating the preserve had carried weight,
but the county records were also before the staff and the Board.
However, the county attorney felt that the transcript of the December
2nd meeting did not make that clear, therefore reaffirmation by the
Trustees of approval of that bulkhead line based on the records and
the merits would be helpful to the county in litigation filed by Mr.
Bacon for South Pasadena Development Corporation,
Governor Kirk said the Board and the staff had considered all avail-
able records and information, that there was no reason to reaffirm the
action and he would not vote for such a motion, as the discussion
would be adequate for the court.
Mr. Adams said as far as the written transcript showed, creation of
the mean high water boundaries of the Boca Ciega Bay Aquatic Preserve
by the Legislature might appear to be an arbitrary decision as they
had no transcript of the consideration of any ecological reasons -
and while the Trustees had considered these reasons the transcript
indicated that they had tracked the thinking and action of the
Legislative Act.
Motion was made by Mr, Conner, seconded by Mr. Williams and adopted,
with Governor Kirk not voting, that the Trustees reaffirm their
approval of December 2, 1969, of Segment No, 2 bulkhead line in
Section 30, Township 31 South, Range 16 East, as fixed and located
by Pinellas County Water and Navigation control Authority.
Mr, Stewart then discussed the application to the county filed by Mr.
Bacon for the bulkhead line desired by his client, stated the Board
of Conservation had recommended a hydrographic study which had not
been supplied. He said the Trustees had never received a formal
application for that bulkhead line but in essence did take action by
denial on December 2nd. Mr. Stewart requested amendment of that action
until proper procedures had been complied with by the applicant,
Mr. Ben Driver, County Deputy Clerk, reaffirmed that the applicant
had been notified of need for a hydrographic study and how to procure
one.
The Trustees then heard from Mr. Bacon, attorney representing South
Pasadena Development Corporation, that they were trying to do every-
thing they could in order to get into court to have a judicial
decision, that his client did apply for a permit and no hearing was
held on it, he did object to the bulkhead line, that the law provides
that where a hydrogrphic study was needed it should be made by the
Board of Conservation and by the county or state and not by the private
owner, Mr. Bacon said he applied to the Board because it appeared
that the county desired to establish the line at the mean high water
meirk and thereby prevent his client from using its lands. He spoke
of the former ownership, sale of the land under contract to his
client, and said they were trying to comply with all legal requirements.
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The Director advised the members that their position was sound, that
once the bulkhead line was established at the mean high water no
permit could be granted.
Mr. Conner objected to implications that the Trustees had incomplete
information or should araend their records for one party or another.
He said everything the Trustees had done was based on the records.
The Director said in his opinion no further action was necessary on
the request made by Mr. Stewart, that on December 2nd the motion
adopted by the Trustees was to return and deny the application.
Mr. Christian made a motion that the Trustees proceed to the next
matter on the agenda. He said that former action had been based on
all the records, the Interagency report and recommendations, the
conservation reports, county records, and he did not see that there
was any problem.
Director Randolph Hodges of the Department of Natural Resources, to
clarify statements concerning the hydrographic study, said the
applicant was notified three times that such study would be necessary
and he could contact Dr . Dean in that regard - but the file did not
show that Dr. Dean was contacted by the applicant.
Mr, Girard O' Bryan, City Attorney of South Pasadena, said the matter
had been complicated procedurally, and the county attorney was trying
to be cautious and careful. He then reviewed hearings in the town
on a DO-159 permit applied for by South Pasadena Marina, Inc., that
was granted to dredge a channel around the subject property and had
been filed with the Trustees. He said the city opposed it and setting
a bulkhead line offshore. He thanked the Trustees for their time and
consideration .
Mr, Adams continued to preside as he had during most of the preceding
action for the reason that the Governor had to be out of the room
temporarily. Mr. Conner had to leave the meeting.
PINPJJ.AS COUNTY - Bulkhead Line, Segment No. 1.
The Pinellas County X"7ater and Navigation Control Authority by
resolution adopted on April 9, 1969, relocated a bulkhead line.
Segment No. 1, along the easterly and southerly limits of South
Pasadena in Section 30, Township 31 South, Range 16 East, Pinellas
County, (This was a different line from the preceding item.) The
biological report approved the proposed line. The relocation met
with the recommendations of the Interagency Advisory Committee Report
No. 1, and was within Boca Ciega Bay Aquatic Preserve as established
by Chapter 69-342, Acts of 1969. Consideration of this line was
deferred on December 16, 1969, at the request of Mr. Adrian Bacon,
Motion was made by Mr, christian, seconded by Mr. Faircloth, that
the line be approved. However discussion followed and this motion
was not adopted.
The Director said an existing line had been relocated, the record
of the hearing of the county was before the Board, the Interagency
Advisory Committee report had been reviewed, the biological report
was adverse as to location in any other place than the mean high
water line, and this particular segment was exempt in the Boca Ciega
Bay Aquatic Preserve Law. On that basis the staff recommended
approval of the relocated line.
Mr, Adrian S. Bacon, representing Castle of Kings, Inc., and Mr.
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Emerson Parker, president of said firm, made a lengthy presentation
objecting to relocation of the bulkhead line at the mean high water
mark, discussing the history of the case including investigation by
Mr. Parker prior to purchase, acquisition of uplands and submerged
land, approval of the bulkhead line by the Trustees, construction of
the applicant's first phase of development, and working with the town
on street layouts. Then the Town of South Pasadena had requested the
county to reestablish the bulkhead line at the mean high water and
Mr. Parker objected at the public hearing that it would violate his
rights. But the Authority did relocate that line notwithstanding
the objections. Mr. Bacon filed photographs and other material with
the Trustees, pointed out the mud flats lying in front of Mr. Parker's
property, and claimed injury to private rights after reliance on
actions of state agencies and large expenditures in the first construc-
tion. Mr. Bacon said apparently it was felt that because of passage
of the 1967 Act and the Interagency Reports, et cetera, concerning
future policy of the state, the local boards should go back and undo
what they had done before and set bulkhead lines at mean high water
lines; but he pointed out that the Trustees had the power to accept
or reject the suggested change in the bulkhead line.
Mr. Christian asked a number of questions, and suggested deferment
for further investigation with respect to representations of damage
to an individual. He felt the need for further study, and asked if
the county could reimburse the owner for money he had spent relying
on the first bulkhead line.
Mr. Stewart denied that there was any substantial damage to Mr .
Parker. City Attorney Girard 0' Bryan of South Pasadena reviewed
past actions and said the city tried to cooperate with developers
and pursue a common sense course. Representative Bill Fleece,
Messrs. Warren Harris, Roland Schimmel and Clyde Sullivan all spoke
in favor of the relocated bulkhead line.
Mr. Dorothy Sample, attorney, denied some of the statements regarding
the owner's rights, said there was no absolute right to fill to a
bulkhead line and that use of privately-owned submerged land did not
give the right to fill, build or interfere with the public rights in
navigable waters but only to "seek" permit to fill. She endorsed
the county position.
Mr. Emerson Parker spoke briefly in his own behalf and asked the
Trustees to find out all the facts and know what relocation of the
line would do to him.
In review, Mr. Adams said the local board recommended a bulkhead
line which had come to the Trustees and was approved. Then, in the
light of later developments, the Interagency Advisory committee and
the Legislative Act, the local body had determined that they should
reevaluate what they had done and it now came before the Trustees
from elected public officials who had presiimably followed those
criteria. The staff had recommended that the county action be
approved.
Governor Kirk made a motion to accept the staff recommendation. Mr.
Faircloth and Mr. Williams seconded the motion simultaneously.
Motion was adopted, with Mr. Christian not voting for the reason
that he felt further information was needed to clarify the claim
that an individual would be damaged.
Governor Kirk again assumed chairmanship of the meeting,
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TRUSTEES' POLICY - Reclaimed Lake Bottom Lands.
Staff submitted as policy recommendation relative to management of
reclaimed lake bottom lands a modification of that submitted on
November 18, 1969, and deferred by the Board. Action on numerous
applications for such lands had been held in abeyance since the
initial moratorium on sales of land that went into effect on May 21,
1968.
On motion by Mr. Faircloth, seconded by Mr. Adams and carried without
objection, the Trustees adopted the following policy.
The Board of Trustees of the Internal Improvement Trust Fund
may sell and convey or otherwise dispose of reclaimed lake
bottoms if not determined by the Trustees to be contrary to
the public interest. Each application for the purchase of
reclaimed lake bottom lands should be considered on its own
merits to determine whether the lands should be disposQjof.
No application for purchase of reclaimed lake bottom lands
shall be entertained until a specific contour or other
acceptable boundary line representing the new, permanently
lowered ordinary high water level shall have been determined
and approved by the Trustees.
Until such time as those lakes and lands that were subject
to reclamation by someone other than a legally constituted
authority have been identified and inventoried, only those
bodies of water under the jurisdiction of legally constituted
authorities having the power, as granted by the Legislature,
to regulate, control, manage, conserve and administer such
bodies of water lying within the lawfully established
boundaries of such authorities, shall be subject to
disposition by the Trustees.
Applications for the purchase of reclaimed lake bottom lands
shall be submitted and processed in compliance with law and
appropriate administrative rules and regulations except that
in every instance state agencies will be afforded an oppor-
tunity to justify the need for title of such lands to
remain in the Trustees.
A technical advisory committee appointed by the Trustees and
consisting of, as a minimum, an attorney, a registered land
surveyor, a geologist, and a biologist will advise and assist
the Trustees' staff in locating the original ordinary high
water line of the lake pertaining to reclaimed lake bottom
applications and for determining lakeward limits of such
reclaimed lake bottom lands susceptible for disposition.
DUVAL COUNTY - File No. 2211-16-253.12, Land Sale.
On September 23, 1969, the Trustees authorized advertisement for
objections only of a parcel of sovereignty land in the St. Johns
River landward of the established bulkhead line abutting Section 39,
Township 2 South, Range 27 East, Duval County, containing 9.14 acres,
more or less, applied for by Georgia Industrial Realty Co., repre-
sented by Mathews, Osborne and Ehrlich, for industrial use. The
biological report was not adverse and the bulkhead line had been
reaffirmed by the Interagency Advisory Committee and by the
Consolidated City of Jacksonville. Notice of sale was published in
the Florida Times Union, proof of publication filed.
On the advertised sale date, November 18, 1969, action was deferred
because the required five members were not present to take action
1-20-70
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on a land sale. On December 16 the Trustees deferred action pending
receipt of formal resolution from the City of Jacksonville outlining
its objections, which related to the valuation of the parcel.
An appraisal executed on August 18, 1969, obtained by the Trustees'
office, had valued the 9.14 acres at $16,050.00. Staff appraiser
reviewed the appraisal, investigated the site, and fixed a valuation
of $20,000.00 for the land. Staff recommended sale at that value.
Representing the applicant, Mr. H. P. Osborne, Jr., objected to the
increased price and asked for reconsideration on the basis of the
independent appraisal of $16,050.00. The members were not willing
to accept that valuation.
On motion by Mr. Christiem, seconded by Mr. Adcuns and adopted, the
Trustees confirmed sale of the advertised land at $20,000.00, the
value fixed by staff appraiser.
PUTNAM COUNTY - File No. 2279-54-253.03 - Dedication.
Putnam County Port Authority applied for dedication of 21.15 acres
of sovereignty land in St. Johns River abutting Section 37, Township
9 South, Range 26 East, Putnam County, to be filled for a barge port
facility. A temporary spoil easement to expire on this date was
granted on December 23, 1969, to fill the subject area. The biologi-
cal report was not adverse, and no objections had been received as
a result of the notice of sale published in Palatka Daily News with
proof of publication filed.
On motion by Mr. Williams, seconded by Mr. Fair cloth and adopted,
the Trustees approved dedication of the sovereignty land to Putneun
County Port Authority.
COLLIER COUNTY - File No. 2154-11-253.12 - Dedication.
On November 25, 1969, the Trustees dedicated 22 conservation areas
to The Nature Conservancy in connection with the Collier-Read land
exchange. Area 23, quitclaimed to the Trustees by Collier-Read
company, was inadvertently omitted from the description for
technical reasons. Staff requested authorization to issue a dedica-
tion of Conservation Area 23.
On motion by Mr. Williams, seconded by Mr. Christian and adopted,
the Trustees authorized issuance of the dedication to The Nature
Conservancy.
At this point Mr. Adeuns had to leave the meeting.
MONROE COUNTY - File No. 2266-44-253.12, Application for Advertisement.
Scharf Land Development Co., represented by Phillips & Trice
Surveying, applied to purchase a parcel of sovereignty land in the
Straits of Florida abutting Government Lot 5, Section 27, Township
67 South, Range 26 East, containing 15.61 acres at Geiger Key in
Monroe County. Staff had requested an appraisal.
The applicant planned development of a mobile home subdivision and
had agreed to the staff suggestion for construction of a boat ramp
and parking space for 20 cars with boat trailers in a suiteible area
for the public, that area to be conveyed to the state. It was felt
that this, in some measure, would return value to the state and
compensate for marine biological resources that would be adversely
affected by sale and development.
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Because of the adverse biological report, several members expressed
a feeling that to advertise the land when they felt they would vote
against the sale was not proper.
On motion by Mr. Williams, seconded by Mr. Faircloth and adopted
without objection, the Trustees denied the application for advertise-
ment of the land sought for purchase.
PALM BEACH COUNTY - File No. 994-50-253.12.
On motion by Mr. Christian, seconded by Mr. Williams and adopted,
the Trustees authorized the staff to deactivate the application file
of First Bank and Trust Company of Boca Raton, File No. 994-50-
253.12, for the reason that the Interagency Advisory Committee
recommended bulkhead line be established at the mean high water
line. The applicant had not complied with administrative require-
ments nor submitted application fee; therefore, no refund was
necessary.
PALM BEACH COUNTY - Corrective Deed.
On motion by Mr. Williams, seconded by Mr . Christian and adopted,
the Trustees authorized issuance of a corrective deed for handling
charge of $25.00 as requested by Ralph O. Johnson, attorney represent-
ing Mrs. Florence Lindrose, widow, to correct an incorrect bearing
in the description of a parcel of land conveyed by the Trustees to
Ernest Lindrose in Deed No. 17847 dated August 1, 1927.
LAKES - Mr. Apthorp presented Mrs. Joe Romano and Mrs. Jack Oberraeyer
who had asked to be heard in support of Save Florida's Lakes campaign,
a citizens' project to sponsor a conservation program. He said they
began as a result of a problem at Lake McCoy in Highlands County where
state road plans had been altered to prevent crossing a portion of
the lake.
Mrs. Obermeyer discussed their plans, the pledged support of
organizations representing more than ten million people, the
assistance of the Game and Fresh Water Fish Division and Director
O. E. Frye, Jr. Dr. Frye said biologists from that agency had
worked with the people, giving them information to assist in the
campaign to save the lakes.
Mr. Christian thanked the ladies for their effort and said the
Trustees were trying to do something to protect Florida's lakes.
Governor Kirk said it was a great effort needed in order to get
legislation, that all the resolutions, petitions, letters and posters
that were presented on this date would be kept for presentation to
the Legislature.
Mr. Faircloth had prepared a resolution which on his motion, seconded
by Mr. Christian, was adopted, as follows:
RESOLUTION
WHEREAS, Florida's thousands of fresh water lakes, like its
rivers and estuarine areas, are irreplaceable natural assets,
the protection of which is constitutionally mandated by
Article II, Section 7; and
WHEREAS, enactments of the 1969 Legislature initiated
statutory implementation of this constitutional provision
1-20-70
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(though much more needs to be done) ; and
WHEREAS, the protection of the quality of water in Florida's
lakes and the natural contours thereof must be an integral
function of the "Environmental Safeguard" agency which the
Cabinet authorized by Resolution adopted on Tuesday, January
6, 1970;
NOW THEREFORE BE IT RESOLVED that the Governor and Cabinet,
as the State of Florida Board of Trustees of the Internal
Improvement Trust Fund, herewith declare it to be the policy
of the Board that the Board will not approve any proposed
bulkhead lines nor grant any dredge and fill permits waterward
of the ordinary (historic) high water line in fresh water
lakes except where other location of lines can be justified
fully as being in the public interest.
Mr. Jon Bunz, Regional Biologist of the Game and Fresh Water Fish
Division, showed a number of slides depicting problems and damage to
several lakes.
Mrs. Romano spoke of their work to Save Florida's Lakes, the concern
and support not only from all over the state but from the nation
particularly from the standpoint of preserving drinking water in the
public interest, and she urged adoption by the Board of resolutions
they had prepared. Those resolutions were received for review, with
thanks, on motion by Mr. Faircloth, seconded by Mr . Christian and
adopted without objection.
HIGHLANDS COUNTY - File No. 2287-28-253.03, Easement.
The Department of Transportation requested right of way easement
embracing approximately one acre lying between the original meander
line and the mean high water line of Lake McCoy in Section 6, Town-
ship 37 South, Range 30 East, Highlands County. The applicant had
greatly modified construction plans for U. S. 27 in order that all
construction would be on existing uplands. No dredging and filling
would be done within the waters of Lake McCoy,
On motion by Mr. Christian, seconded by Mr. Williams and adopted,
the Trustees authorized issuance of right of way easement to the
Department of Transportation.
MADISON AND SUWT^NNEE COUNTIES - File 2288-40 & 61-253.03, Easement.
The Department of Transportation applied for right of way easement
across 2.12 acres of Suwannee River bottoms in Section 35, Township
1 South, Range 11 East, Madison and Suwannee Counties, needed in
construction of State Road 8 (I-IO) Section 35090-2406, Parcel No.
111.1. No dredging or filling was contemplated within the easement,
The Game and Fresh Water Fish Division and the Department of Air
and Water Pollution Control reviewed and had no objections to the
project.
On motion by Mr. Christian, seconded by Mr. Williams and adopted,
the Trustees authorized issuance of the right of way easement.
CHARLOTTE COUNTY - Bridge Permit.
Venture Out in America, Inc., represented by William J. Roberts,
applied for two bridge permits connecting lower Manasota Key with
Peterson Island, and Peterson Island with Whidden Key, all in
1-20-70
- 567 -
Township 41 South, Range 20 East, Charlotte County. The Board had
heard representatives and deferred action on December 16, 1969.
The United States Coast Guard had issued a permit on October 2,
1969, for construction of the bridges. Numerous objections had
been filed to the proposed development of the privately-owned
islands. The County Commission advised by letter received in the
Trustees' office January 15 that by majority vote the County Commis-
sion was opposed to the proposed bridges. The staff recommended
issuance of the permit for bridges to provide access to applicant's
ownership.
On motion by Mr. Faircloth, seconded by Mr. Christian and adopted
without objection, the Trustees authorized issuance of the requested
permit.
LEVY COUNTY - Artificial Reef Permit.
Cedar Key Lions Club applied for a permit to construct three
artificial reefs in the Gulf of Mexico in two feet of water and
marked by pilings at the following sites:
1. West Longitude 83°06'25" North Latitude 29°07'46"
2. West Longitude 83°06'14" North Latitude 29°06'16"
3. West Longitude 83°03'22" North Latitude 29°06'32"
The Department of Natural Resources recommended that the permit be
granted, that the car bodies and other junk be tied together to
resist movement during storms, and that any bouyant materials such
as water heaters be punctured.
On motion by Mr. Faircloth, seconded by Mr. Christian and adopted,
the Trustees authorized issuance of the permit at the standard
processing fee.
LEE COUNTY - Dredge Permit, to Install Water Main,
Section 253.123, File 440.
On motion by Mr. Christian, seconded by Mr. Faircloth and adopted,
the Trustees approved issuance of a dredge permit to Gasparilla
Island Water Association, represented by William E. Bishop, to
install a 10-inch water main in Section 14, Township 43 South, Range
20 East, Boca Grande Bayou, Gasparilla Island, Lee County. The
biological report was not adverse.
LEE COUNTY - Dredge Permit, Section 253.123 Florida Statutes,
and Fill Permit, Section 253.124.
On motion by Mr. Christian, seconded by Mr. Faircloth and adopted,
the Trustees approved dredge permit under provisions of Section
253.123 Florida Statutes, to Vacation Time, Inc., represented by
Leif E. Johnson, and approved the fill permit under Section 253.124
Florida Statutes, issued by the City of Fort Myers on January 6,
1970, for land in Sections 14 and 23, Township 44 South, Range 24
East, Caloosahatchee River, Lee County. Approximately 25,000 cubic
yards of material would be removed from submerged land owned by the
City of Fort Myers and placed on submerged land purchased from that
city. The biological report was not adverse.
PINELLAS COUNTY - Dredge Permit, to Improve Navigation,
Section 253.123 Florida Statutes.
Subject to Trustees' approval, Pinellas County Water and Navigation
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- 568 -
control Authority granted extension of DO Permit 161 for standard
navigation channel in Clearwater Harbor in Section 12, Tovmship 30
south. Range 14 East, to D. 0. and Mary B. Elliott. The material
removed would be placed on applicants' upland. Biological report
was not adverse.
On motion by Mr. Christian, seconded by Mr. Faircloth and adopted,
the Trustees approved extension of the permit, to expire December
31, 1971.
ST. LUCIE COUNTY - Dredge Permit Amended, Section 253.123, File 329.
on motion by Mr. Faircloth, seconded by Mr. Christian and adopted,
the Trustees approved the application from Holiday Out of America,
Inc., for an amended dredge permit for work in the Indian River in
Section 11, Township 37 South, Range 41 East, St. Lucie County, for
which a permit was approved June 24, 1969. The applicant discovered
it was impossible to maneuver the dredge within the limits previously
authorized and agreed to purchase all material removed in rounding
the corners of the amended dredge areas. The biological report was
not adverse. The applicant tendered check for $2,746.00 as payment
for 27,460 cubic yards of material to be removed from the amended
dredge areas.
SARASOTA COUNTY - Dredge Permit, Section 253.123, File 436,
Submarine Cable Installation.
On motion by Mr. Christian, seconded by Mr. Williams and adopted,
the Trustees approved a dredge permit to Florida power and Light
company for installation of a power cable in Venice Inlet in Sections
1 and 2, Township 39 South, Range 18 East, Sarasota County. The
biological report was not adverse.
INDIAN RIVER COUNTY - Dock Permit (Channel Markers) .
On motion by Mr. Williams, seconded by Mr. Christian and adopted,
the Trustees approved permit to The Moorings Development Company,
Vero Beach, Florida, to install channel markers adjacent to an
existing channel in the Indian River adjacent to applicant's upland
in Sections 28 and 29, Township 33 South, Range 40 East, Indian
River county, for which all required exhibits and $100 processing
fee had been submitted .
MARTIN COUNTY - Dock Permit (Boat Ramp) , Peter C. Canovai.
on motion by Mr. Christian, seconded by Mr. Williams and adopted,
the Trustees approved issuance of state dock permit for a boat ramp
adjacent to upland property in the St. Lucie River in Section 33,
Township 37 South, Range 41 East, Martin County, for which all
required exhibits including $100 processing fee had been submitted.
OKALOOSA COUNTY - Dock Permit, Section 253.03 Florida Statutes,
on motion by Mr. Christian, seconded by Mr. Williams and adopted,
the Trustees approved dock permit to Philip J. Fiebelkorn of Mary
Ester, Florida, for a dock facility in Santa Rosa Sound in Section
14, Township 2 South, Range 25 West, Okaloosa County, for which all
required exhibits and $100 processing fee had been submitted.
PALM BEACH COUNTY - Agriculture Lease No. 2341.
consideration of a sublease agreement was deferred until the next
meeting.
1-20-70
- 569 -
MARTIN COUNTY - Dredge Permit for Beach Nourishment, Section 253.123,
The Town of Jupiter Island, represented by Mack Ritchie of Palm
Beach, Florida, applied for permit to dredge 75,000 cubic yards of
material from Pecks Lake in Section 37 (Gomez Grant) in Township 39
South, Range 42 East, Martin County. The material was to be used
f or a beach nourishment project on the ocean side of the island.
The matter was also on the agenda of the Department of Natural
Resources on this date.
On January 6 the application was removed from the agenda for further
review, on January 13 it was deferred again awaiting appropriate
response from the Martin County Commission. On this date it was
announced that the County Commission approved it by a vote of three
to two.
On motion by Mr. Christian, seconded by Mr. Faircloth and adopted,
the Trustees approved issuance of the dredge permit for beach
nourishment purposes.
On motion duly adopted, the meeting was acJ;
ATTEST :
Tallahassee, Florida
January 27, 1970
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.
Tom Ad aims
Earl Faircloth
Broward Williams
Floyd T. Christian
Doyle Conner
Governor (Present part time)
Secretary of State
Attorney General
Treasurer
Commissioner of Education
Commissioner of Agriculture
James W. Ap thorp
Executive Director
On motion duly adopted, the minutes of the meeting held on
January 20th were approved as submitted.
BREVARD COUNTY - Bulkhead Line, Section 253.122 Florida Statutes.
The Board of County Commissioners of Brevard County by resolution
adopted November 20, 1969, fixed a bulkhead line adjacent to the
east shoreline of the Indian River in Section 2, Township 25 South,
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Range 36 East, on Merritt Island in Brevard County. All required
exhibits were furnished. There were no objections at the local
hearing.
The Department of Natural Resources biological survey report (by
Board of Conservation letter dated April 4, 1968) was not adverse.
Staff recommended approval.
On motion by Mr. Christian, seconded by Mr. Faircloth and adopted
without objection, the Trustees approved the bulkhead line on Merritt
Island in Brevard County as located by the County Commission.
BREVARD COUNTY - Bulkhead Line, Section 253.122 Florida Statutes.
The City Council of Cocoa, Florida, by resolution adopted October 22,
1969, relocated a bulkhead line along the west shore of the Indian
River adjacent to State Road 520 in Section 33, Township 24 South,
Range 36 East, in the City of Cocoa, Brevard County. All required
exhibits were furnished, and there were no objections at the local
hearing. However, the biological survey report was adverse and the
staff recommended denial on the printed agenda.
Mr. Apthorp explained that after the staff made that recommendation
there was further study and conference with officials of the county
and the city, that the staff recommended approval provided the city
released an area previously dedicated by the Trustees which the city
had not used and agreed to use an existing borrow area to take spoil.
In exchange for the returned dedication area, the city would desire
dedication of the new area within the proposed bulkhead line. Mr.
Christian suggested that this matter be re-agendaed. Mr. Faircloth
noted that there was an adverse ecological report on both areas.
Mr. Adams said the city had held one area hoping to be able to
carry out plans, and that they had funds for the new area related
to the new bridges.
Motion was made by Mr. Williams, seconded by Mr. Faircloth and adopted,
that the bulkhead line adopted by the City of Cocoa on October 22,
1969, be approved subject to release by the city of the area previously
dedicated and subject to the city agreeing to take fill material
from an existing area over which the Department of Transportation
has a temporary easement that will expire in 1971.
PALM BEACH COUNTY - Lake Worth proposed policy.
As information, the Director advised that the staff was working on
a policy recommendation to be considered at a later meeting, possibly
on February 3rd, that all submerged lands in Lake Worth be withdrawn
from sale and that dredging in the lake be limited to navigational
access except where the Trustees had made previous commitments.
Notice had been placed in the agenda on this date and the Trustees '
office had already received numerous comments from interested parties,
some for and some against withdrawal from sale and dredging.
PALM BEACH COUNTY - File NO. 2032-50-253.12, Denial of Sale.
Brockway, Owen and Anderson, representing Frank L. Lash, et ux,
applied to purchase 0.701 acre parcel of sovereignty land in Lake
Worth abutting Section 3, Township 43 South, Range 43 East, landward
of the established bulkhead line in the City of West Palm Beach in
Palm Beach County. The Trustees deferred action on April 2 and 22,
1968; on July 9, 1968, the Area Planning Board of Palm Beach County
indicated that no objection would be filed to the application; and
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on September 24, 1968, the Trustees deferred action pending receipt
of a new biological report and up-to-date appraisal.
Biological survey report dated November 10, 1969, stated that sale
and development of the subject submerged land by itself should not
have significant adverse effects on marine biological resources in
the area. The Interagency Advisory Committee reaffirmed location of
the bulkhead line. Current appraisal was secured.
On December 9, 1969, the Trustees authorized advertisement of the
parcel of submerged land for objections only. Notice was published
in the Palm Beach Post, proof of publication filed in the Trustees'
office. Objections were filed by Robert T. Bair, Jay Jarrett as
Executive Secretary of Federated Conservation Council, and Dexter
D. Coffin III, adjacent riparian owner.
Staff recommended denial of the sale, deactivation of file and refund
of the amount submitted as payment for the deed. The Director said
there were objections from an adjoining owner and a number of private
conservation groups.
On motion by Mr. Faircloth, seconded by Mr. Williams and adopted,
the Trustees took the action recommended by the staff.
ST. JOHNS COUNTY - File No. 2260-55-253.12, Land Sale.
St. Augustine Beach South Corporation, represented by E. W. Pacetti,
applied to purchase a parcel of sovereignty land embracing 3.5 acres
in the Matanzas River abutting Section 27, Township 8 South, Range
30 East, St. Johns County, landward of the established bulkhead line.
The appraised value, vAiich had been rechecked by the staff appraiser,
was $535.00 per acre or $1,926.00 for the parcel. On December 2, 1969,
the Trustees authorized advertisement, notice was published in The
Record, St. Augustine, Florida, and no objection to the sale was
received.
The biological survey report was not adverse . The bulkhead line
would preserve a large area of productive marine habitat and while
only one other bulkhead line had been established in St. Johns County,
the County Attorney had assured the staff by letter of May 15, 1969,
that the Interagency Advisory Committee recommendations would be
considered when the county established bulkhead lines. The applica-
tion conformed to the July 1st policy of the Trustees and staff
recommended confirmation of the sale.
On motion by Mr. Christian, seconded by Mr. Conner and adopted, the
Trustees confirmed sale of the advertised parcel of land.
DADE COUNTY - File No. 2262-13-253.03. Agreement.
On January 14, 1969, the Trustees had authorized the Attorney
General to intervene in that cause styled National industries. Inc.,
vs Enterprise Properties, Ltd., for the purpose of protecting the
Trustees' interest in certain leuid in Dade County, it was deter-
mined that the Trustees had an interest in that part of the South
800 ft. of Tract "A" Maule Federal Highway industrial Sites, Plat
Book 46, Page 55, lying between the meanders of Big Snake Creek
(Oleta River) in Fractional Section 9, Township 52 South, Range 42
East, Dade County.
As a result of the intervention the representative for the defendant
Enterprise Properties, Ltd., Mr. Logan Manders, appeared before the
Trustees on October 7, 1969, asking that lands in which the Trustees
had an interest be sold to the applicant. The Trustees deferred
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action, staff having advised that appraisal should be secured. An
appraisal by John E. Milloway, M. A. I., valued the Trustees'
interest in the property at $35,000, which the Director said was
below the offer made by the applicant. The staff had arrived at an
understanding with the applicant, not to be considered as binding the
Board, that $45,000 would be appropriate compensation for the Trustees'
interest in the property.
On motion by Mr. Conner, seconded by Mr. Williams and adopted without
objection, the Trustees agreed to divest their interest in the
subject property in accordance with the terms of the Memorandum of
Understanding executed on January 15, 1970, by attorney for the appli-
cant, Melvyn Kessler, and Trustees' staff member Fred Vidzes, subject,
however, to all official concurrence in pending litigation and
bankruptcy proceedings and official order thereon.
ESCAMBIA COUNTY - Dredge to Improve Navigation, Section 253.123 F. S.,
File 375.
James R. Croyle, President, Valleybrook Developers, Inc., applied for
permit to dredge a navigation channel 50 ft. wide, 8 ft. deep and 500
ft. long in Bayou Grande in Section 4, Township 3 South, Range 31 West,
Escambia County. Applicant tendered $200 as payment for 2,000 cu. yds,
of material to be removed.
The biological survey report was adverse in that some material was
being spoiled channelward of the mean high water line. However, the
applicant had submitted a statement that no filling would be done
channelward of the mean high water line.
Motion was made by Mr. Faircloth, and duly adopted, that the dredge
permit be approved.
LEE COUNTY - Dredge Permit, Section 253.124(6) F. S., File 102.
Staff requested authority to cancel a dredge permit issued under the
provisions of Section 253.12 4(6) to Gulf American Corporation, Fort
Myers construction Division, Cape Coral, Florida, November 4, 1969.
The company advised that they would be unable to perform the work
for one year and would apply for another permit then.
On motion by Mr . Williams, seconded by Mr. Christian and adopted,
the Trustees authorized cancellation of the dredge permit.
PALM BEACH COUNTY - Dredge to Improve Navigation,
Section 253.123 F. S., File 438.
Malcolm Seymour of Jupiter, Florida, applied for permit to dredge a
turning basin 60 ft. wide, 5 ft. deep, 105 ft. long, and a navigation
channel 50 ft. wide, 5 ft. deep and 150 ft. long in Section 31,
Township 40 South, Range 43 East, Palm Beach County. Applicant
tendered check for $50 as minimum payment for 400 cubic yards of
overdredge material. The biological report was not adverse.
On motion by Mr. Christian, seconded by Mr. Faircloth and adopted,
the Trustees approved the dredge permit.
ST. LUCIE COUNTY - Dredge to Improve Navigation,
Section 253.123 Florida Statutes.
The City of Fort Pierce applied for a permit to dredge a public
navigation channel 200 ft. wide, 10 ft. deep and 1,500 ft. long in
the Indian River in Section 3, Township 35 South, Range 40 East,
1-27-70
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St. Lucie County. The material removed would be placed in an
existing channel to be replaced by the new channel. The biological
report was not adverse.
On motion by Mr. Christian, seconded by Mr. Faircloth and adopted,
the Trustees approved the dredge permit.
MONROE COUNTY - Florida Keys Junior College.
On November 25, 1969, the Trustees authorized readvertisement for
competitive bids for removal of limestone material from a channel to
be constructed in the Gulf of Mexico adjacent to Florida Keys Junior
College property in Monroe County. Notice was published in the
Tallahassee Democrat and the Key West Citizen but no sealed bids
were received on this date.
The Director said it appeared that if the channel was dredcpd all at
once there was no market for the surplus material, that to pile it
up would create a problem, and he would like to explore the possi-
bility of dedicating the area to the Junior College and let them
handle the dredging of the channel.
Mr. Christian said he had inspected the Junior College site that had
been given by the Board, that the only possible way to expand was
to use submerged land, and it would be desirable to dedicate not only
the channel area but additional land for logical expansion of the
college property.
On motion by Mr . Christian, seconded by Mr. Faircloth and adopted
v7ithout objection, the Trustees authorized the Director to work up
a suitable proposal for dedication of submerged land to Florida Keys
Junior College for consideration at a later date.
BROWiRD COUNTY - Dock Permit.
On motion by Mr . Faircloth, seconded by Mr. Williams and adopted,
the Trustees approved issuance of commercial dock permit to Harbor
Haven, Inc., for a dock in New River Sound in Section 1, Township
50 South, Range 42 East, Broward County, for which all required
exhibits and $100 processing fee had been submitted.
LEE COUNTY - Channel Markers.
On motion by Mr. Faircloth, seconded by Mr. Williams and adopted,
the Trustees approved issuance of a dock permit to South Seas
Plantation, Captiva island Company, for installation of channel
markers adjacent to an existing channel in pine Island Sound in
Section 22, Township 45 South, Range 21 East, adjacent to Captiva
Island in Lee County, for which all required exhibits and $100
processing fee had been submitted.
OKALOOSA COUNTY - Dock Permit.
On motion by Mr. Faircloth, seconded by Mr . Williams and adopted,
the Trustees approved issuance of commercial dock permit to L. Ver-
narr Kelly, doing business as Kelly Boat Services, Inc., for
construction of a marina facility in East Pass Lagoon in Township
2 South, Range 24 West, Moreno Point, Okaloosa County, for which
all required exhibits and $100 processing fee had been submitted.
PALM BEACH COUNTY - Dock Permit.
On motion by Mr. Faircloth, seconded by Mr. Williams and adopted,
the Trustees approved issuance of commercial dock permit to Robert
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Pedeville of Palm Beach, Florida, for installation of a commercial
dock in Lake Worth in Section 3, Township 43 South, Range 43 East,
palm Beach County, for which all required exhibits and $100 processing
fee had been submitted .
PINELLAS COUNTY - Dock Permit.
On motion by Mr. Faircloth, seconded by Kr . Williams and adopted, the
Trustees approved issuance of commercial dock permit as approved by
Pinellas County Water and Navigation control Authority, to Kenneth
W. Spitts at Treasure Island, Florida, for a dock at Lot 32, Isle
of Palms, section 23, Township 31 South, Range 15 East, Boca Ciega
Bay, for use by apartment tenants. All required exhibits and $100
processing fee had been submitted.
PALM BEACH COUNTY - Temporary Spoil Easement, Channel Maintenance
and Beach Nourishment.
The U. S. corps of Engineers, Jacksonville District, required a
temporary spoil area for a period of one year commencing March 1,1970,
to accommodate spoil from channel maintenance dredging at Lake Worth
inlet, palm Beach County. On April 12, 1966, the Board had granted
temporary spoil easement No. 2182 that expired September 1, 1968,
covering the area desired for the present project which embraced 55
acres south of the inlet and generally within the area utilized by
the sand transfer plant.
Staff recommended waiver of biological report and grant of easement
subject to waiver of objection by the Bureau of Beaches and Shores of
the Department of Natural Resources.
On motion by Mr. Christian, seconded by Mr. Williams and adopted,
the Trustees accepted the staff recommendation as the action of
the Board.
LAKES - Proposed Resolution.
As directed by the Trustees, the staff had reviewed the resolution
offered last week by Mrs. Joe Romano and Mrs. Jack Obermeyer on
behalf of Save Florida's Lakes, a citizens' campaign to sponsor a
conservation program. As result of the review, a resolution was
prepared by the staff and its adoption recommended.
Mr. Faircloth made a motion that the recommendation be approved.
However, before any further action was taken, the Director advised
that the two ladies were present, that the staff had not felt it
could recommend certain portions of their resolution about which they
were particularly concerned. The resolution prepared by the staff
commits the Trustees to preserve not only the 257 lakes in the Save
Florida's Lakes version, but the thousands of lakes in Florida in
which the state has a complete or partial interest or jurisdiction.
Mr. Apthorp said it did not bind the state to follow only one method
of determining a lake's mean high water line, that E. W. Bishop's
work (specified in the other resolution as the sole guideline as to
lake levels) was valuable but was done from the geological point of
view primarily, whereas other information also should be used in
establishing mean high water lines as the basis for bulkhead lines
in lakes. The staff had used the proffered resolution as the basis
for the version recommended for adoption, much of the language was
comparable; and when questioned by Mr. Christian, Mrs. Romano did
not specify what was objectionable but urged passage of the "people's
resolution" as prepared by them for execution by the Governor as an
executive action and by the Trustees. She said they could speak
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only for the 257 lakes (listed in a publication of the Gsune and
Fresh Water Fish Commission) , that the staff version said "much more
needs to be done", that water quality should be recognized as the
primary public interest and take precedence, that the staff resolu-
tion did not go far enough.
The members asked questions and pointed out the recommended
resolution did protect the lakes, that changes in the law might be
necessary, and while they were concerned about the 257 lakes, any
policy should be applied to many other lakes in Florida.
Asked to comment, Mr. Bishop said he had attempted to devise a field
method of determining the high water line that could be used in the
absence of long term records, which had proved satisfactory in many
lakes; but other things had to be taken into consideration such as
permanent lowering in some instances or encroachment into lakes
that he felt should be taken into consideration.
Mr. Adams and Mr. Christian expressed the thanks of the Board for the
great amount of work that had been done by Mrs. Romano, Mrs. Obermeyer
and others. Motion was made by Mr. Christian and adopted that the
resolution be withdrawn and that the Director meet further with the
sponsors of the Save Florida's Lakes campaign in an effort to explain
the differences and possibly re-agenda the matter.
PINELLAS COUNTY - File No. 306-52-253.12, City of Dunedin-Honeymoon
Island Project.
The present developers of Honeymoon Island, the Caladesi Corporation
and Honeymoon Isle Development Corporation, requested approval of
an Amendment to Contract with the Trustees and the City of Dunedin
that would provide for the completion of the public beach as origin-
ally conceived, reconvey between 600 and 800 acres of sovereignty
land in St. Joseph Sound to the Trustees to be placed in an Aquatic
Preserve, and provide for the opening of Hurricane Pass which in the
original plan was to be closed.
Under original contract dated May 19, 1959, approved by the Trustees
On May 12, 1959, executed by the Trustees, City of Dunedin and
Curlew Properties, Inc., a plan of development known as "Bartholomew
Plan" was submitted to the Trustees and approved on July 8, 1959.
That plan had not been completed and the present developers were
willing to modify the original plan and project to conform with
present conditions. The modified plan was created through the efforts
of the Trustees' staff and the developers, representatives of the
City of Dunedin, Staff of the Department of Natural Resources,
representatives of the United States Fish and Wildlife Service and
coastal Engineering Laboratory. Staff also conferred with represen-
tatives of the Corps of Engineers.
The Director with maps and overlay showed the difference between the
original and revised plan, and recommended execution of the Amendment
to Contract.
The City of Dunedin, through its Mayor -Commissioner, City Clerk and
Acting City Manager, had agreed to the Amendment to Contract.
Governor Kirk was present for this portion of the meeting, which
was reconvened at 2:00 p.m. so that he could hear the interested
parties who desired to make statements.
Members noted that all parties to the original contract had agreed
to the amendment of the contract, that the county had not been a
party and by telegram Senator Roger Wilson requested deferment
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because it had not been brought before Pinellas County Water and
Navigation control Authority and questions had been raised regarding
the financing of the corporation, that it had been reported that the
Chairman of the County Commission was in favor of the amendment but
one or more commissioners was not.
Mr. Adams commented that the state now had a contract, but under the
new proposal much of the land would come back to the Trustees for an
aquatic preserve, the pass would remain open, and he was in favor of
the plan the staff had been able to work out to amend the 1959
contract.
Mayor Gerald S. Rehm, backed by the entire City Commission of
Dunedin, City Attorney Charles S. Baird, and Messrs. Baya M. Harrison
and Billy L. Rowe for the developers, reviewed the history of the
development, the original plan of which did not please some people
of Dunedin. Commissioner Emil 0. Lindner had borne the expense of
taking the contract to court, and it wa^ upheld as legal. But certain
modifications had been obtained by the opposing group, organized as
the Dunedin Civic Association; and they now endorsed the contract
amendment and new plan as being in the public interest. Mr. Baird
pointed out a weakness in the old contract - no completion date for
the dredging. Under the amendment all dredging in the city is to be
completed in one year and all other dredging within five years from
issuance of permits. Reverend James Fresh, representing Dunedin
citizens, said the development would triple tax revenue.
Governor Kirk said the present Board was getting back much submerged
land from an earlier Board's give-away and it was a good deal,
representing the present tone of the Trustees.
On motion by Mr. Adams, seconded by Mr. Christian and adopted
without objection, the Trustees approved the Amendment to the Contr.
for execution. ^
On motion duly adopted, the meeting
^ 3RN0R
ATTEST: \ {2\aAM^ L\J { XJ^*:^UrU
CECUTIVE DIRECTOR | i
* * *
* * *
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Tallahassee, Florida
February 3, 1970
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
Earl Faircloth Attorney General
Fred O.Dickinson, Jr. Comptroller
Broward Williams Treasurer
Floyd T. Christian Commissioner of Education
Doyle Conner Commissioner of Agriculture
James W. Apthorp Executive Director
On motion duly adopted, the minutes of the meeting held on January
27, 1970, were approved as submitted.
BAY COUNTY - Aquaculture Lease to Mar if arms. Incorporated.
Pursuant to October 7, 1969, authorization by the Trustees to adver-
tise for a commercial aquaculture lease of 2,500 acres of submerged
land in West Bay, Bay County, one bid was received by the Board on
November 25 from Mar if arms, Inc. , enclosing check in the amount of
$15,000 for the first Ih years 's rental. The Trustees received the
bid pending the holding of a public hearing in Panama City, which was
conducted on December 18, 1969, by Mr. Herbert Benn, hearing officer.
Mr. Benn's report had been submitted to the Trustees.
All requirements of Chapter 69-46, Acts of 1969, having been met,
staff recommended award of lease to the only bidder. Mar if arms. Inc.,
consideration for the lease to be an annual rental of $4 per acre for
the first ih years, $6 per acre for the period from Ih through 5
years, and $10 per acre for the period from 6 through 10 years, with
royalty to be assessed following 18 months and reviewed after 36
months.
The Director explained that the staff had studied the application
carefully, there were three biological reports, the Trustees and the
former director, Mr. Randolph Hodges, had taken the position that
legislative direction was needed, and staff recommendation was made
pursuant to the Act of the Legislature. There are requirements in
the lease for ingress and egress by the public, $180,000 bond to
protect the surrounding waters and the bottoms that would continue
in the state's ownership, notification when poisoning of predators
was to be done, and other lease provisions complying with the guide-
lines adopted by the Trustees on August 26, 1969. The staff
considered the lease as proper use of state land under the Act.
Representative John Robert Middlemas, District 8, objected to
leasing at this time. He thought there was not enough information
and research, the area was too large and productive to be removed
from public use for what might be short-term gain, and he considered
the biological report too adverse.
Mr. Arthur W. Hemphill, Executive Secretary of Organized Fishermen
of Florida, said they were not against mariculture, some of which was
being carried on in other places in the state. But they were
concerned about the productivity and value of the area proposed to
be leased, lack of knowledge of the value of compensation by
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releasing shrimp, possibility of damage by the rotenone and potassium
permanganate to be released in the waters. Under the present circum-
stances, he and many persons at the public hearing had requested that
the lease not be granted.
Dr. Paul F. Bente, Jr., President of Marifarms, Inc., said objectors
had exaggerated many points and to put the lease in proper perspective
he cited highlights of the two years' work done by the company, the
large commercial shrimp hatchery nearing completion, research and
technical training already done and to be continued, creation of
markets for the premium shrimp as well as for fish from local fisher-
men for feeding the shrimp, benefit to the area and plans to start
commercial shrimp farms in other places. He said West Bay waters,
while not the best, would serve the purpose and if left in their
natural situation were in danger of becoming polluted.
Representatives from the Panama City-Bay County Chamber of Commerce
and committee of 100 were present to show their support for the
mariculture project in Bay County.
Senator J. H. "Jim" Williams, District 13, discussed the work of the
legislative committee which amended the bill many times. He felt that
further amending was needed to see that biological reports were first
available to the committee, that County Commissioners should be asked
to take a positive stand on such leases, and caution must be exercised
in proposals that sealed off the marshes behind leased areas.
After discussion in which Mr. Christian pointed out that in event of
violation of the guidelines and lease provisions the Board could
cancel the lease, motion was made by Mr. Williams, seconded by Mr.
Christian and adopted without objection, that the Trustees accept the
bid of Marifarms, Ina, by awarding to that firm the aquaculture lease.
DADE COUNTY - Interama Lands.
Mr. Edward Swenson, Chairman of the recently created Interama
Authority, appointed by the Dade County Commissioners, requested an
opportunity to appear before the Trustees to make a proposal for the
Authority regarding disposition by sale or lease of certain portions
of the Interama site which is now owned by Dade County. Under the
provisions of Chapter 59-138, the Trustees must agree to such
disposition.
Staff recommended that any approval by the Trustees for disposition
be limited to only that portion of the land necessary to raise enough
funds to meet the county's obligations through June 30, 1970, that
such disposition be based on the priorities which had been previously
established by the Interama Authority, any disposition by sale or
lease be limited to Site No. 1 west of Biscayne Boulevard and Site
No. 2-C just east of Biscayne Boulevard (total acreage 12.77 acres),
and that release of any of the land would be conditioned on agreement
by Interama Authority and Dade County to join the Trustees in recom-
mending to the 19 70 Session of the Legislature a bill which would
provide for half of the hard obligation of Interama to be paid from
state sources not to exceed $6,000,000 and the other half be paid
from county sources by referendum or any method acceptable to the
county.
Governor Kirk had asked for deferment but those present were given
an opportunity to be heard as there had not been time to notify them.
Mr. Swenson said the Authority was dedicated to the idea that the
land should be used for public purposes but had inherited a great
indebtedness; had recommended to Dade County Commission and secured
its approval of a proposed sale or lease of designated portion of
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land totalling 195 acres and another 100 acres not specified;
desired Trustees' approval of the plan because the Dade County
Circuit Court would attempt to determine whether there was already
technical default with the bond issue. Mr. Swenson said they were
trying to place Interama in a sound fiscal position so that they could
proceed with the problem of deciding what was best to do with the land.
A variety of solutions had been considered. There was a possibility
of the sale of 200 acres requested by the City of North Miami, which
had put in water and sewer system in the 580 acres of improved
property and had agreed that if allowed to acquire some of the
property for public use as part of an overall plan to preserve the
remainder of the 1,700 acres, the city might forgive the amount owed.
Mayor Gissendanner of North Miami said the people in the north part of
Dade County were very interested in preserving thelnterama land and
in a university site. Mr. George Headley, executive director of
Interama Authority, was also present in the interest of the request
presented by^Mr. Swenson.
Governor Kirk said the county could pay the bond interest, that if
any one sold any of the land it should be the State of Florida, and
he questioned the actions of the bond trustees in the matter. He
said that since the land had gone to Dade County but the people had
not voted for the tax referendum, the county should either return the
land to the state or continue the payments until such time as the
Legislature took some action.
Representative Ralph D. Turlington, of the House of Representatives
Appropriation Committee, spoke of the strong urging from Dade County
that this land not be sold but be used only for a public purpose, of
unfavorable conditions to sell the bonds now, and said he thought the
Legislature would act promptly and would not favor turning Intereima
lands over to private use.
Miami City Manager Melvin Reese said the City Commission opposed
disposal of any of this land, was in a position to solicit the return
of it to the City of Miami which could make the interest payments,
was very concerned about the protection of the public's interest in
the concept of Interama and would make land available for a university.
He said the city would go on record against any sale for private use,
and would favor only sale for public purposes or to North Miami for
public purposes.
Mr. Christian suggested that the Board take no action until the
court had decided. The general feeling of the members was that the
land should not be sold. Mr. Williams had been advised that the
county could take care of the interest payments until the Legislature
convened in about sixty days and had an opportunity to consider the
problem. The Director said the staff was prepared to assist with
preparation of legislation along with the financing.
Governor Kirk commented that he had never said the state would not
ultimately sell or encumber some of the land if and when it was in
the best interest of the people of Florida. He mentioned that the
city had not been very cooperative in the past, but was assured by
Mr. Reese of cooperation.
Mr. Sam Fletcher, a Councilman of North Miami, suggested that the
authority recommend to the County Commission the transfer of land
either to the State of Florida or to the City of Miami.
At the request of Governor Kirk, and without objection, the Board
deferred consideration of the interama Authority request.
2-3-70
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LAKES - Resolution,
Mrs. Joe Romano and Mrs. Jack Obermeyer were present with a revised
resolution on behalf of save Florida's Lakes. The Trustees had
heard their request at the two previous meetings. Mr. Apthorp recom-
mended execution of a resolution modified by the staff to satisfy the
previous objections of Mrs. Romano. He said he had just seen a copy
of the ladies ' new version which he thought would meet the purpose
and he recommended acceptance of it.
The policies expressed included a commitment not to set bulkhead
lines below the line of mean high water, to preserve and set aside
the 257 lakes for recreational benefits, fishing, swimming, boating,
water skiing and natural scenic beauty, to preserve the water quality,
and to protect the lakes from degradation and encroachment.
The Director said -that Senator Stone had asked him to advise the
Board that he was in favor of this action.
Upon further discussion and urging by the "ladies of the lakes", on
motion by Mr. Williams, seconded and adopted, the Trustees executed
the resolution and the Governor signed the executive order, both in
the form prepared by the ladies. Copies are attached and made a part
of these minutes.
BAY COUNTY - Dredge Permit to Improve Navigation,
Section 253.123 Florida Statutes, File 429.
Norman P. Gross applied for permission to dredge an access channel
40 ft. wide by 3 ft. deep and two perimeter -type channels 40 ft. wide
by 3 ft. deep to connect to the access channel in Section 11, Town-
ship 3 South, Range 14 West, Mill Bayou, Bay County. Material
removed would be placed on the applicant's upland. While the
biological report was adverse, the applicant had amended his plan
to comply with the recommendations in the report.
On motion by Mr. Christian, seconded by Mr. Faircloth and adopted,
the Trustees approved issuance of the dredge permit.
BREVARD COUNTY - Dredge and Fill Permit,
Sections 253.123 and 253.124 Florida Statutes.
Rodney S. Thompson, President of T-Craft, Inc., was granted a dredge
and fill permit by the City of Titusville for work in the Indian
River in Sections 33 and 34, Township 21 South, Range 35 East,
Brevard County. On December 15, 1964, the Trustees approved the
permit; however, it expired before applicant could commence opera-
tions. Approximately 5.0 acres are to be dredged and 9.7 acres
filled, all the applicant's ownership.
The project was adjacent to city Park, currently being developed
by the City of Titusville. The biological report was not adverse.
On motion by Mr. Christian, seconded by Mr. Faircloth and adopted,
the Trustees approved the dredge and fill permit.
MANATEE COUNTY - Modification of Dredge and Fill Permit,
Sections 253.123 and 253.124 Florida Statutes.
Dewey A. Dye, on behalf of Curtiss Wright Corporation, applied for
amendment of a dredge and fill permit authorized by the Trustees on
2-3-70
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August 25, 1969. The borrow area had been reduced from 607,000
cubic yards to 343,000 cubic yards. Applicant tendered check in the
amount of $34,300 as payment for the material.
The fill area previously approved was amended only to correct
differences that occurred betv/een aerial photo drawings and on-the-
ground engineering. The amended area was negligible, but was brought
to the attention of the Trustees as information.
On motion by Mr. Faircloth, seconded by Mr. Christian and adopted,
the Trustees approved modification of the dredge and fill permit.
PALM BEACH COUNTY - Dredge Permit, Beach Replenishment,
Section 253.123 (2) (c) , File 416.
V7aterway Beach Condominium Apartments applied for a permit to remove
unsightly debris and other materials from along the shore in front
of applicant's property along the Intracoastal Waterway in Section
30, Township 40 South, Range 43 East, Palm Beach County. The area
will be replenished with pure white beach sand, trucked in by the
applicant.
The biological report was adverse. The Bureau of Beaches and Shores
had no objection to the proposed work.
On motion by Mr. Christian, seconded by Mr. Faircloth and adopted,
the Trustees approved issuance of dredge permit for the project
as described.
DIXIE AND FRANKLIN COUNTIES - Dock Permit (Navigational Aids)
On motion by Mr. Faircloth, seconded by Mr. Christian and adopted,
the Trustees waived the $100 processing fee and approved the applica-
tion from the Department of Natural Resources for permits authorizing
replacement of existing channel markers at the following locations:
Franklin county - Ochlockonee Bay in Township 6 South,
Ranges 1 East and Ranges 1 and 2 West;
Dixie County - The mouth of the Suwannee River in Townships
13 and 14 South, Range 11 East.
BAY COUNTY - Dock Permit, Section 253.03 Florida Statutes.
On motion by Mr. Christian, duly adopted, the Trustees approved
issuance of a state commercial dock permit to Clyde Douglas Weber who
submitted $100 processing fee and all required exhibits for construc-
tion at Pitt Bayou in St. Andrews Bay in Section 24, Township 4 South,
Range 14 West, Bay County.
LEE COUNTY - Dock Permit (Test Piles), Section 253.03 Florida Statutes,
On motion by Mr. Christian, duly adopted, the Trustees waived the
$100 processing fee and approved issuance of a permit to the Depart-
ment of the Army, Coastal Engineering Research Center, Jacksonville
District, Corps of Engineers, to drive test piling offshore from
Lacosta Island in the Gulf of Mexico in Section 1, Township 43 South,
Range 20 East, Lee County.
BREVARD COUNTY - File No. 253.123 - 154.
At the request of the Governor, action was deferred on the staff
request for authority to make a refund to Dr. L. R. Wells whose
permit for securing fill material had expired. He had asked for
renewal of the permit. However, the proposed dredge area was in the
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Banana River Aquatic Preserve, plans for disposal of the fill material
required establishment of a bulkhead line, and the proposed use had
drawn objections from the Game and Fresh Water Fish Commission and
various administrative branches of Brevard County.
DADE COUNTY - Lease Guidelines.
The Trustees held title to a number of large tracts of land approxi-
mately 6 to 12 miles west and northwest of Miami, being scattered,
undeveloped lands in a sparsely developed part of the county with a
substantial amount of surrounding land zoned for both heavy and light
industrial use. Two mining companies were interested in leasing
several tracts for excavating limerock aggregate ana developing the
mined areas into waterfront parks for public recreation.
Staff reviewed the matter with the State Geologist, Air and Water
Pollution Control Department, Division of Interior Resources, Game
and Fresh Water Fish Commission, and Division of Recreation and
Parks, which agencies were in agreement that the Trustees could
benefit from revenue received from the mining and the State of Florida
from development of large park and public recreational areas at a
minimum of cost to the state.
The Director asked for an expression from the Board as to whether or
not a proposed lease for rock mining in Dade County should be worked
up for consideration. Staff recommended adoption of certain basic
guidelines, as follows: 30-year maximum term for each lease;
competitive bidding; basic annual rental to be fixed in advance with
a royalty to be submitted with each bid to be applied against annual
rental; a master recreational development plan to be submitted with
each bid conforming to minimum requirements as specified in advance
by the state.
On motion by Mr. Christian, seconded by Mr. Dickinson and adopted
without objection, the Trustees approved establishment of guidelines
as suggested for proposed leasing for rock mining.
GLADES COUNTY - Grazing Lease.
Lykes Bros., Inc., holder of Grazing Lease No. 2358 expiring on
January 21, 1970, requested renewal of the lease covering Lots 1,
2, 3 and 4 of Section 34, Township 40 South, Range 32 East, 195.11
acres in Glades County. Lease is for grazing only, with provision
for 90-day cancellation by Trustees and annual rental of $3 per acre.
However, staff appraiser recommended increase to $4 per acre.
On motion by Mr. Williams, seconded by Mr. Christian and adopted,
the Trustees approved renewal of the grazing lease at $4 per acre
annual rental and other terms the same.
LEE COUNTY - File No. 2296-36-253.03, Right of Way Easement.
On motion by Mr. Williams, seconded by Mr. Faircloth and adopted,
the Trustees granted request from the Board of County Commissioners
of Lee County by resolution dated January 14, 1970, for an easement
for right of way covering approximately 1 acre across bottoms of
Hancock Creek (Yellow Fever Creek) in Section 10, Township 44 South,
Range 24 East, Lee County, to be used for construction of a 4-lane
bridge. The Board waived requirement of biological and ecological
study as no filling of submerged bottoms was contemplated.
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MONROE COUNTY - Dedication No. 24399, Road Right of Way.
On November 1, 1966, the Trustees dedicated a 50-ft. wide strip of
submerged land in the Bay of Florida between Big Coppitt Key and
Halfmoon Keys for public road purposes, to Monroe County. The grant
was conditioned upon the requirement that the county use and maintain
the strip as provided, or the dedication could be terminated at the
option of the Trustees. By resolution adopted on January 13, 1970,
the Board of County commissioners requested extension of the
dedication to November 8, 1972.
On motion by Mr. Faircloth, seconded by Mr. Williams and adopted
without objection, the Trustees approved the extension requested
subject, however, to inclusion in the instrument of a provision that
the dedication automatically terminates if not used during the
period requested.
MONROE COUNTY - Deed NO. 20949, Restrictive Covenant.
At the request of Governor Kirk, the Trustees deferred action on
request from the City of Key West for release of a restrictive
covenant contained in Deed No. 20949, with respect to leasing of a
rectangular parcel lying within the 110 acre grant known as "Smathers
Beach."
MONROE COUNTY - File No, 2266-44-253.12, Refund.
On January 20, 1970, the Trustees denied authorization to advertise
the purchase application of Sharf Land Development Company. Pursuant
to Trustees' Rule No. 200-2.05(11), the applicant was entitled to a
$50 refund of the application fee ($75) that had been submitted.
On motion by Mr. Christian, seconded by Mr. Williams and adopted
without objection, the Trustees authorized refund of $50 to the
applicant.
Mr. Phil Bennett, Staff Counsel, was appointed as hearing officer
concerning the proposed policy of limiting sale of submerged land and
dredge and fill permits in Lake Worth. He was also appointed to hear
a controversy which had arisen between Hampton Homes, Inc., and
Brevard County.
Following the regular meeting Mr. Dickinson made a motion, seconded
by Mr. Williams, that the order of the Circuit Court in litigation
between the Trustees and the City of Islandia not be appealed. The
motion was adopted.
On motion duly adopted, the meeting
ATTEST:
2-3-70
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EXECUTIVE ORDER
EMERGENCY IMMEDIATE ACTION
RESOLUTION FOR THE PEOPLE OF THE STATE OF FLORIDA FOR THEIR SURVIVAL
WHEREAS, the citizens of the State of Florida and their neighbor-
ing states need drinking water to survive and
WHEREAS, there are 257 state owned lakes (as listed in Exhibit 1)
at this time and any others as they become state owned that belong to
all the people, containing said water and
WHEREAS, there are only few remaining left of good quality and
WHEREAS, with this guarantee that from this date, February 3, 1970
forward, no further damage or risk to the present water quality of
these lakes will occur and that no further degradation to the water
quality or lakes will be permitted and that these lakes will not fall
prey to further encroachment and there will be no further selling of
these lakes which belong to all the people or new permits granted or
old permits validated or rights of ways or easements granted as
affects these 257 lakes, that in the public interest precedence be in
this instance, the water of these lakes remain for drinking for
survival of our people. That no other instance, county, state agency,
private or public enterprise as relates to this be acknowledged or
granted to take precedence as being in the public interest. That
this resolution protect for the people these lakes from further con-
tradictory acts or legislation over which the executive branch of
Florida's government has control as relates to this emergency action
resolution. That the bulkhead lines be determined as the mean high
water line according to E. W. Bishop's recommendations as stated in
the 1967 edition exclusively of Florida Lakes Part 1 & 2, all parties
concerned are satisfied with these techniques established on said
date for the best protection of these lakes and accepted and recom-
mended by Game and Fresh Water Fish Commission, plus other valid
biological and hydrographic information.
WHEREAS, the State of Florida does take emergency action now to
hereby set these 257 lakes aside for our water supply for ourselves
and future generations as well as for recreational benefits, fishing,
swimming, boating, water skiing and natural scenic beauty and
WHEREAS, be it further resolved that we should utilize our
God-given lakes, our natural assets intended for man's benefit
instead of destroying them. Do not destroy what we as Floridians
cherish, more than that, these lakes are our Life Blood 1
NOW, THEREFORE, I, Claude R. Kirk, Jr., by virtue of the
authority vested in me as Governor of the State of Florida, do hereby
set these lakes aside to be preserved in their natural condition,
pristine, attractive, useful and enjoyable for Floridians and
tourists .
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
Great Seal of the State of Florida to be affixed at Tallahassee, the
Capital, this 3rd day of February in the year of our Lord nineteen
hundred and seventy and in the recorded history of Florida four
hundred and fifty-eight.
(s) CLAUDE R. KIRK, JR.
GOVERNOR
ATTEST: (s) TOM ADAMS
SECRETARY OF STATE
2-3-70
- 585 -
EMERGENCY IMMEDIATE ACTION
RESOLUTION FOR THE PEOPLE OF THE STATE OF FLORIDA FOR THEIR SURVIVAL
WHEREAS, the citizens of the State of Florida and their
neighboring states need drinking water to survive and
WHEREAS, there are 257 state owned lakes (as listed in Exhibit
1) at this time and any others as they become state owned that belong
to all the people, containing said water and
WHEREAS, there are only few remaining left of good quality and
WHEREAS, with this guarantee that from this date, February 3,
1970, forward, no further damage or risk to the present water quality
of these lakes will occur and that no further degradation to the
water quality or lakes will be permitted and that these lakes will
not fall prey to further encroachment and there will be no further
selling of these lakes which belong to all t\\e people or new permits
granted or old permits validated or rights of ways or easements
granted as affects these 257 lakes, that in the public interest
precedence be in this instance, the water of these lakes remain for
drinking for survival of our people. That no other instance, county,
state agency, private or public enterprise as relates to this be
acknowledged or granted or take precedence as being in the public
interest. That this resolution protect for the people these lakes
from further contradictory acts or legislation over which the execu-
tive branch of Florida's government has control as relates to this
emergency action resolution. That the bulkhead line be determined
as the mean high water line according to E. W. Bishop's recommenda-
tions as stated in the 1967 edition exclusively of Florida Lakes Part
1 and 2, all parties concerned are satisfied with these techniques
established on said date for the best protection of these lakes and
accepted and recommended by Game and Fresh Water Fish Commission,
plus other valid biological and hydrographic information.
WHEREAS, the State of Florida does take emergency action now to
hereby set these 257 lakes aside for our water supply for ourselves
and future generations as well as for recreational benefits, fishing,
swimming, boating, water skiing and natural scenic beauty and
WHEREAS, be it further resolved that we should utilize our
God-given lakes, our natural assets intended for man's benefit
instead of destroying them. Do not destroy what we as Floridians
cherish, more than that, these lakes are our Life Blood I
IN TESTIMONY WHEREOF, the Trustees, for and on behalf of the
State of Florida Board of Trustees of the Internal Improvement Trust
Fund, have hereunto subscribed their names and have caused the
official seal of said State of Florida Board of Trustees of the
Internal Improvement Trust Fund to be hereunto affixed, in the City
of Tallahassee, Florida, on this the 3rd day of February, A.D. 1970.
CLAUDE R.
KIRK. JR.
Governor
TOM ADAMS
Secretary
of State
EARL FAIRCLOTH
Attorney (
General
FRED 0. :
DICKINSON,
JR.
Comptroller
2-3-70
- 586 -
BROWARD WILLIAMS
(SEAL)
BOARD OF TRUSTEES
OF THE INTERNAL IMPROVEMENT
TRUST FUND
Treasurer
FLOYD T. CHRISTIAN
Commissioner of Education
DOYLE CONNER
Commissioner of Agriculture
As and Constituting the Board of
Trustees of the Internal Improvement
Trust Fund
Tallahassee, Florida
February 11, 1970
The State of Florida Board of Trustees of the Internal improvement
Trust Fund held a special meeting on this date in the Capitol, with
the following members 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
Secretary of State Tom Adams, who had not been present on February 3
when the Trustees adopted a motion not to appeal the order of the
Circuit court in litigation between the Trustees and the City of
Islandia, on this date referred to the official transcript of that
action which showed that the cabinet rules had not been followed to
properly bring up a matter not on the agenda. Mr. Adams made a
point of order that the action taken would be null and void and of
no effect.
Governor Kirk said unless there was an objection, the action was
declared null and void. The record should reflect that the action
taken was of no effect.
It was so ordered.
On motion duly adopted, the meeting was
ATTEST:
* * *
2-11-70
- 587 -
Tallahassee, Florida
February 17, 1970
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
Fred 0. Dickinson, Jr. Comptroller
Broward Williams Treasurer
Floyd T. Christian Commissioner of Education
Doyle Conner Commissioner of Agriculture
James W. Apthorp Executive Director
On motion duly adopted, the Trustees approved minutes of the
meetings held on February 3 and 11, 1970.
TRUSTEES FUNDS - The Cabinet considered a report from Executive
Director Chester Blakemore, Department of General Services, with
respect to an increasingly critical parking problem in the Capitol
Center. Several avenues of possible financing construction of
additional parking areas had been studied and the only available
source of funds appeared to be the Internal Improvement Trust Fund.
The Secretary of State noted that in the past such funds had been
allocated to acquire and make usable properties in the Capitol
Center, and action should be taken to avoid a crisis when the Legis-
lature and its employees were here. The Comptroller said that was
a part of the consideration and providing parking was necessary.
Governor Kirk questioned use of Trustees' funds, calling attention
to the Attorney General's ruling that such funds could not be used
for improvements at the Governor's Mansion. Treasurer Broward
Williams said the Legislature should be asked to consider the problem
and appropriate necessary funds, that more parking garages and
charges for parking spaces should be considered.
The Trustees' Director was asked for an expression. He had discussed
the matter and felt that the first priority for use of the fund
should be acquisition of real property; however, if the proposed use
was approved he recommended the amount be limited to actual costs
and not more than the amount of $87,000 requested by Mr. Blakemore.
On motion made by Mr. Adams, seconded by Mr. Dickinson, with Mr.
Christian and Mr. Conner voting "Aye" and Mr. Williams and Governor
Kirk voting "No", the Trustees authorized transfer of funds limited
to the actual construction costs of the parking areas, not be exceed
$87,000.
Also, on motion by Mr. Dickinson, seconded by Mr. Christian and
adopted with Mr. Williams voting "No", the Trustees approved amendment
of the operating budget accordingly.
EXPERIMENTAL SOIL SAMPLING - On August 13, 1968, the Trustees
authorized issuance of a permit requested by Judge Russell 0. Morrow
on behalf of Mr. Fritz Wanzenberg for taking soil samples from sub-
merged land from Martin County to the northern end of Monroe County
2-17-70
- 588 -
to evaluate the metals that might be in the sediment.
On this date Judge Morrow made a report to the Board on the results
of that work and progress made in perfecting processes and operating
equipment. He said it appeared that results would be of commercial
value and might be even better on the southwest Florida coast if the
Trustees would grant permission for taking soil samples. The Trustees
received the report favorably, Mr. Dickinson commenting on the
development of a process to identify and mine metals from the waters
of Florida and its economic possibilities.
The Director suggested that the application for permit be placed on
the agenda next week. Judge Morrow was assured that it would be
unnecessary for him to make another presentation.
Without objection, action was deferred.
LEE COUNTY - Bulkhead Line, Section 253.122 Florida Statutes.
The Board of County Commissioners of Lee County by resolution adopted
on August 24,1966, located and fixed a bulkhead line along the west
shore of Pine Island in Section 9, Township 45 South, Range 22 East,
Lee County,
The biological survey report was not adverse, but there were some
objections at the local hearing. The staff recommended approval.
On motion by Mr. Christian, seconded by Mr. Adeims and adopted, the
Trustees approved the bulkhead line as fixed by Lee County,
PINELLAS COUNTY - City of Treasure Island Erosion control Line;
Beach Restoration Project, Mean High Water Line,
The City of Treasure Island by Resolution No. 268 adopted on August
19, 1969, requested establishment of a line defining the limits
between ownership by upland riparian owners and sovereignty lands
between 77th and 104th Avenues at Treasure Island. The Pinellas
County Engineering Department located "Stationing Line, Range 500"
as shown on the Corps of Engineers construction plans for Treasure
Island Beach Nourishment Program, conforming as nearly as practicable
to the mean high water line. The mean high water line was located
prior to construction, the Trustees approved it on September 10, 1968,
and easements for the work were granted on October 15, 1968.
Staff recommended approval of the "Stationing Line", which when
recorded might be used as boundary between public and private owner-
ship. Appropriate instruments could be exchanged to clearly define
limits of interest.
Mayor Julian Fant and others representing the City of Treasure Island
were present and thanked the Trustees and other state agencies for
helping with the successful beach restoration project.
On motion by Mr. Adams, seconded by Mr. Christian and adopted, the
Trustees approved the "Stationing Line" as recommended by the staff
(to have the effect of a bulkhead line) .
PINELLAS COUNTY - Bulkhead Line Revision, Section 253.122 F. S.
The Pinellas County Water and Navigation Control Authority on
November 8, 1960, pursuant to request from the Trustees' office,
deleted the portion of the established bulkhead line of the city of
St. Petersburg Beach that crossed the Intracoastal Waterway right
of way line. The bulkhead line as originally established could be
2-17-70
- 589 -
construed as allowing filling of the waterway; by deleting the
appropriate segments, any extension of upland into the waterway
would be effectively prevented.
On motion by Mr. Christian, seconded by Mr. Adams and adopted, the
Trustees approved the bulkhead line revision.
SARASOTA COUNTY - Bulkhead Line Relocation, Section 253.122 F. S.
At the request of the Director, action was deferred for further
study of an application from the Sarasota County Water and Navigation
Control Authority for relocation of a bulkhead line in Section 6,
Township 37 South, Range 18 East.
MONROE COUNTY - Termination of Dedication.
On February 17, 1965, the Trustees granted Dedication No. 23938 to
Monroe County for public road purposes over sovereignty lands of
Lignumvitae Key Bank. To date the road has not been constructed
and staff requested authority to notify the County Commission of
Monroe County that the dedication will be cancelled according to
terms of the dedication which stipulated that if the lands were not
used within three years for the stated purposes, the dedication
might be cancelled sixty days after notification.
On motion by Mr. Adams, seconded by Mr. Christian and adopted, the
Trustees authorized notification of the county that the dedication
would be cancelled according to the terms of the instrument.
MONROE COUNTY - Release Restriction, Deed No. 20949.
The City Attorney of Key West requested consideration of the applica-
tion, deferred on February 3, 1970, for release of a restrictive
covenant in Deed No. 20949 relating to leasing a parcel within the
110-acre grant known as "Smathers Beach." The covenant prohibits
any leasing of the beach area; however, the city due to lack of funds
had not been able to provide needed public sanitary facilities and
desired to lease a rectangular parcel 100 ft. by 175 ft. to private
interests who would install at no cost to the city the needed
facilities and would operate a concession stand.
Staff recommended release of the leasing restriction only conditioned,
however, that a licensing agreement be entered into between the City
of Key West and the entrepreneur, subject to Trustees' review and
approval of plans and specifications of proposed facilities and
review and approval of licensing agreement.
Mr. Adams questioned the need to release the restriction, and brought
up the procedure used by the Park Service for private concessionaires.
The Director explained that in this case the land is not owned by
the state but by the city, and the staff would not recommend any
release of restriction unless the Trustees would have the fi.nal
approval of the facilities and licensing agreement.
On motion by Mr. Adams, seconded by Mr. Dickinson and adopted, the
Trustees deferred action for a week.
WALTON COUNTY - File No. 2297-66-253.03, Easement for Right of Way.
On motion by Mr. Adams, seconded by Mr .Williams and adopted, the
Trustees approved the application from the Department of Transpor-
tation for an easement over 0.13 acre of bottoms of Fourmile Creek
2-17-70
- 590 -
in Sections 9 and 16, Township 1 South, Range 19 West, Walton County,
to be used for reconstruction of bridge on State Road 20.
No dredging or filling was contemplated and the Department of
Natural Resources reviewed the plan and offered no objection.
LEE COUNTY - File No. 2118-36-253.12, Land Sale.
The application of H. W. Marsh, et ux, to purchase a parcel of
sovereignty land embracing 0.2 acre in Ostego Bay abutting Section
29, Township 46 South, Range 24 East, Lee County, was considered on
December 23, 1969, and advertised for objections only. On the adver-
tised sale date, February 10, 1970, there was no meeting of the
Trustees and action was deferred until this date. Staff recommended
that an updated appraisal be obtained.
Without objection, action on the application was deferred for obtain-
ing an updated appraisal.
PALM BEACH COUNTY - File No. 2215-50-253.12, Land Sale Application.
On January 6, 1970, the Trustees authorized advertisement of a parcel
of sovereignty land in Lake V/orth containing 0.82 acre for which John
Moore, et ux, offered the appraised value. Applicant desired to
enlarge the size of his residential upland lot. The biological
report was not adverse.
Notice of sale was published in the Palm Beach Post. Several
objections were received, including protests from the City of West
Palm Beach, the Area Planning Board of Palm Beach County, Robert T.
Bair of Federated Conservation Council, and nearby upland owners.
On motion by Mr. Christian, seconded by Mr. Williams and Mr. Adams,
the Trustees denied the application to purchase and directed the
staff to deactivate the file.
PALM BEACH COUNTY - File No. 2031-50-253.12, Land Sale Application.
On January 6, 1970, the Trustees authorized advertisement of a parcel
of sovereignty land in Lake Worth containing 0.778 acre for which the
abutting upland owner, Arthur J. Paynter, offered the appraised value,
Applicant desired to extend his residential upland lot to conform to
areas already filled to the north. The biological survey report was
not adverse, and the parcel was landward of the bulkhead line
reaffirmed by the Interagency Advisory Committee on June 27, 1968.
In the July 9, 1968, meeting the Area Planning Board of Palm Beach
County offered no objection.
Notice of sale was published in the Palm Beach Post and objections
were received from the City of West Palm Beach, Spencer Boat Co.,
Inc., Palm Cove Marina, Dexter coffin III, and Robert T. Bair.
On motion by Mr. Adams, seconded by Mr. Christian and Mr. Williams,
the Trustees denied the application to purchase and directed the
staff to deactivate the file.
DADE COUNTY - File No. 2268-13-253.12, Application to Advertise.
Application was made by Robert Livingston, on behalf of Alec P.
Courtelis and Jay I. Kislak, to purchase three contiguous parcels of
sovereignty land in Biscayne Bay abutting Lots 57 through 62
inclusive in Block "B" Mary & Wm. Brickell Subdivision, Plat Book
"B" Page 96, public records of Dade County, containing 2.665 acres
in Section 30, Township 54 South, Range 41 East, in the City of
2-17-70
- 591 -
Miami, Dade County. Applicants offered the appraised value of
$92,869.92 for the parcel, for use for high rise apartments.
The parcel was landward of the bulkhead line confirmed by the
Interagency Advisory Committee on June 20, 1968. The biological
report dated November 24, 1969, stated that sale and development of
the parcel would have adverse effects. The biological report dated
November 13, 1968, stated that the west shore of Biscayne Bay north
of Rickenbacker Causeway had been affected previously by extensive
dredge and fill operations.
Staff recommended advertisement for objections only. The Director
said this was in a vicinity where a number of sales had been made,
adjoining areas filled, and he had met with the county engineers
and thought progress was being made as to the bulkhead lines. Mr.
Adams said he ^thought that unless the progress continues, the Board
should hold up this application when it comes back for action after
the advertising.
Motion was made by Mr. Dickinson, and adopted without objection,
that the parcel be advertised for objections only. Mr. Dickinson
said it should be made clear to the applicant that approval was for
the advertisement only and indicated no commitment for final confir-
mation of the sale.
MONROE COUNTY - File No. 2295-44-253.12, Application to Advertise.
Application was made by the United States Navy for conveyance of a
parcel of sovereignty land embracing 0.06 acre in Key West Harbor
abutting Pier No. 3, U. S. Naval Station Annex, Key West, Florida,
for the $100 minimum consideration. The area was to be used for
improvement of berthing facilities.
The biological survey report showed that the area had been developed
and affecting by dredging and filling, and modification of the
submerged land would not significantly affect marine biological
resources .
On motion by Mr. Christian, seconded by Mr . Adams and adopted, the
Trustees authorized advertisement for objections only.
VOLUSIA COUNTY - File No. 2184-64-253.12, Application to Advertise.
V. G. Stepp, on behalf of R. E. Chaddock, applied to purchase a
parcel of sovereignty land in the Halifax River abutting Section 27,
Township 15 South, Range 33 East, Volusia County, appraised at
$2,777.00 per acre or $250.00 for the parcel containing 0.09 acre,
more or less.
The parcel was a small pocket with seawall constructed along the
north side, did not extend to the bulkhead line as established by
Volusia County, and staff was of the opinion that the application
came under the hardship provisions of the July 1, 1959, policies
adopted by the Trustees. The Interagency Advisory committee had
recommended that the bulkhead line be established at mean high water.
On motion by Mr. Dickinson, seconded by Mr. Adams and adopted without
objection, the Trustees authorized advertisement of the parcel for
objections only.
MONROE COUNTY - File No. 2290-44-253.42, Land Exchange.
James E. Glass on behalf of Joseph G. Moretti, Inc., requested
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conveyance of 8.5 acres of sovereignty land in Florida Bay abutting
Sections 22 and 27, Township 62 South, Range 38 East, Key Largo,
Monroe County, in exchange for which applicant would convey to the
Trustees 7.5 acres of upland covered with a heavy growth of mangroves
and would also convey approximately 100 acres of land within errone-
ously located meander lines.
The biological survey report dated October 30, 1969, was adverse to
dredging and filling in the area, desired for development as a mobile
home subdivision. The applicant had greatly modified his original
plan, eliminating a large area and offering the 7.5 acres of upland
to the Trustees. Staff felt that the 7.5 acres was of substantial
value from a conservation standpoint and would offset damage caused
by the proposed dredging and filling. An appraisal had been requested
as to the comparable values .
On motion by Mr. Confier, seconded by Mr. Adams and adopted, the
Trustees authorized the proposed land exchange advertised for
objections only.
MARTIN CX)UNTY - Dredge Permit, Section 253.123, File 459.
On motion by Mr. Christian, duly adopted, the Trustees authorized
issuance of dredge permit to Palm Beach Cable TV Company, in care of
Donald M. Shepherd, for dredging to install a cable in Jupiter Sound
in Section 19, Township 40 South, Range 42 East, Martin County, for
which applicant had tendered check for $100 as the processing fee.
PINELLAS COUNTY - Dredge Permit, Section 253.123 Florida Statutes.
Pinellas County Water and Navigation Control Authority issued Dredge
Only Permit D0178, subject to Trustees' approval, to Lawrence P.
Gerwig for a channel 50 ft. wide by 5 ft. deep in Boggy Bayou in St.
Joseph Sound in Section 26, Township 27 South, Range 15 East.
The biological report recommended only 30-ft. wide top cut. However,
the Pinellas county Public Works Director explained that 30-ft. top
cut would result in a V-shaped bottom and would prohibit larger boats
from using the channel. Staff recommended approval of the applica-
tion.
On motion by Mr. Christian, seconded by Mr .Adams and adopted, the
Trustees authorized issuance of the permit as requested.
VOLUSIA COUNTY - Dredge Permit, Section 253.123, and Dock Permit,
Section 253.03 Florida Statutes.
Blue Springs Condominium, by Bradford A. Prince, applied for permis-
sion to install a dock, a hyacinth boom, and to dredge in the area
of the dock in order to improve navigation in Blue Springs Run, St.
Johns River, Fatio Grant, TO'.-mship 18 South, Range 30 East, Volusia
County. The dredged material removed would be placed on applicant's
upland. Biological report was not adverse.
On motion by Mr. V^illiams, seconded by Mr. Christian and adopted, the
Trustees authorized issuance of the dredge permit to improve naviga-
tion, and dock permit for $100 processing fee.
PINELLAS COUNTY - Dock Permit, Section 253.03 .Florida Statutes.
On motion by Mr. VJilliams, seconded by Mr. Conner and adopted, the
Trustees approved issuance of commercial dock permit as approved by
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Pinellas County Water and Navigation Control Authority, to F. R.
Colo for a dock at Lot 9, Island Estates, Unit 5-A in Section 5,
Township 29 South, Range 15 East, St. Joseph Sound, for apartment
tenants. Required exhibits and $100 fee were submitted.
PALM BEIACH COUNTY - Dock Permit for Navigational Aids.
On motion by Mr. Williams, seconded by Mr. Dickinson and adopted,
the Trustees approved issuance of dock permit under Section 253.03
Florida Statutes, to Jupiter Inlet District, represented by Brockway,
Owen and Anderson Engineers, Inc., for the installation of naviga-
tional aids within Jupiter Inlet in Section 32, Township 40 South,
Range 43 East, Palm Beach County. Payment of the $100 processing
fee was waived.
AQUATIC PRESERVES - G-8 St. Martins Marsh, Citrus County.
On October 21 and 28, 1969, the Trustees approved the establishment
of a system of Aquatic Preserves throughout the State of Florida.
The Trustees deferred action for ninety days on establishment of
the St. Martins Marsh Preserve for the purpose of coordinating
county planning with the preserve. The plan had not been completed,
however staff and county representatives had worked out a mutually
acceptable boundary for the preserve. The Citrus County Audubon
Society had recommended that the preserve be approved as modified.
Staff recommended creation of Aquatic Preserve G-8 within the boun-
daries as modified. The Director said approval by the Board would
complete the system of proposed preserves, twenty-six in number.
Motion was made by Mr. Williams, seconded by Mr. Dickinson and
adopted without objection, that the Trustees approve the establish-
ment of Aquatic Preserve G-8 as modified. As there had been
modifications in the boundaries as now established, the Trustees
directed the staff to revise the information on Aquatic Preserves.
ALACHUA COUNTY - Easement for Power Line.
On motion by Mr. Dickinson, seconded by Mr. Williams and adopted
without objection, the Trustees approved an application from the
City of Gainesville for an easement across land used by the Santa
Fe Correctional Farm, in order to provide a 100-foot wide power line
right of way in Sections 26, 27 and 35, Township 9 South, Range 20
East, Alachua County, containing 20.275 acres, more or less, needed
by the city as a tie-in with the new power plant under construction.
The right of way will not be close to any buildings, and was
recommended by the Department of Health and Rehabilitative Services.
DADE COUNTY - Easement for Road Right of Way.
Dade County Port Authority, represented by Deputy Director Richard
H. Judy, by Resolution R-1331-59 requested additional right of way
in connection with construction of a roadway to the LeJeune Inter-
change serving Miami International Airport Terminal. The parcel
requested, containing 2,250 square feet in Section 29, Township
'53 South, Range 41 East, Dade County, was part of land in use by
the Department of Transportation v;hich had approved the request.
Staff recommended approval.
On motion by Mr. Dickinson, seconded by Mr. Williams and adopted,
the Trustees authorized issuance of right of way easement.
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CAPITOL CENTER - Staff requested authority to advertise for bids for
removal of six dilapidated, unsightly structures on Trustees'
property which had been determined to be of no use to the state, as
follows: (1) one-story v;ood house at 208 Blount Street, (2) two-
story wood house at 111 Blount Street, (3) one-story wood house at
316 W. St. Augustine Street, (4) two-story wood house at 315 W.
Lafayette Street, (5) garage behind building at 309 E. Gaines Street,
(6) concrete block warehouse at 223 W. Blount Street.
Removal of the structures would be coordinated with the Department of
General Services and the Division of Archives, History and Records
Management.
On motion by Mr. Williams, seconded by Mr. Dickinson and adopted,
the Trustees authorized advertisement for bids for removal of the
old buildings.
DADE COUI'JTY - Rock Mining Lease.
On February 3, 1970, the Trustees approved basic guidelines for leas-
ing certain lands in Dade Cou.^ty for rock mining and developing
public recreation areas. For one application, the staff had drawn a
proposed mining lease for consideration, and recommended that Hiatus
Lots 4 and 5 in Townships 53/54 South, Range 39 East, containing
1,015.6 acres in Dade County, be advertised for competitive bids for
10-year lease with option to renew for two succeeding 10-year terms,
annual minimum rental of $25,000 for the first two years and $40,000
each succeeding year to be credited against cumulative production
royalty, performance bond in the amount of $100,000, and requirement
that applicant submit a master recreation plan providing for release
of portions of the area for public recreation use prior to the end
of the lease term. The Director said that through a market survey
of the value of such rock, it was determined that a reasonable
minimum royalty would be four per cent of the gross sales which
would be used as a starting point.
Motion was made by Mr. Williams, seconded by Mr. Dickinson, that the
staff advertise for competitive bids on this lease. Members asked
about another application which the Director said had been received
and the staff was processing. The same criteria would be recommended
for both leases. A motion was then made that the lease application
on the agenda today be approved for advertising but held for a week
to allow a second similar application to be placed on the agenda
for approval. After approval of the second application for rock
mining lease, then both leases might be advertised at the same time
for competitive bids. It was so ordered.
Mr. Adams pointed out that advertising did not commit the Board to
accept any bid, and while the money was important as a proper return
to the state for the rock it would be equally as important to have
the public recreation areas developed and left after the mining
operations were completed. The recreation area plans submitted by
the applicants would be most significant and would be studied with
the assistance of the Division of Recreation and ^arks.
VOLUSIA COUNTY - Sky tower . The Trustees' office had been notified
that a skytower was being constructed on the beach eastward of the
existing seawall at Daytona Beach. On-site inspection showed that
the structure was landward of the mean high water line and seaward
of the seawall. The Volusia County Grand Jury issued a subpoena
to the Director and requested further investigation be made to
determine the relationship of the structure with respect to the
mean high water line.
2/17/70
- 595
A topographic survey and beach profile study made on February 2, 1970,
indicated that the structure was located 139 feet, more or less,
landward of the mean high water line, and 58 feet, more or less,
eastward of the seawall. It had been determined that the Trustees
do not have stututory authority over the land lying landward of the
mean high water line. However, the structure might adversely affect
the sovereignty lands eastward thereof.
The area landward of the mean high water line had been used for
recreational purposes by the general public for many years. Mr.
Stephen Boyles, State Attorney for the 7th Judicial Circuit, as well
as the staff of the Trustees and the Department of Natural Resources,
asked the Governor and Cabinet as the Board of Trustees and as head
of the Department of Natural Resources and as constitutional officers
of the State of Florida having an interest in matters of this nature,
to assist Mr. Boyles in protecting the public's interest in the beach
area to be affected by the construction.
The Director said it did not appear that any legal action was called
for by the Trustees at this time, that there was lack of clear
authority on the part of the Trustees or the Department of Natural
Resources, that possibly a change in legislation was needed. Mr.
Adams mentioned a situation recently reported in Dade County that was
also not on state sovereignty land; but he thought such instances
might possibly cause damage to the beaches which the state in other
locations had to spend funds to correct.
Mr. J. Kermit Coble, an attorney, said the matter was in litigation,
that the project had the approval and permit from the City of Daytona
Beach, that applicant sought all available advice before beginning
the structure that was adjacent to the pier, but he had not expected
to make any presentation today pending the court action.
No action was taken by the Trustees.
SUBJECTS UNDER CHAPTER 18296
ALACHUA COUNTY - Blanche Randolph of Sanford, Florida, applied for
a parcel of land certified to the State of Florida under tax sale
certificate Part-687 of July 6, 1896, described as West 1/3 of South
1/2 of Lot 8, Block 3, Brown's Addn. to Gainesville as per Plat Book
"A", Page 64, Public Records of Alachua county. Applicant, an heir
of former owner on June 9, 1939 (date title vested in the state
under Section 192.38 F. S.), offered $100 for the fractional lot.
On motion by Mr. Conner, duly adopted, the Trustees approved the
application and issuance of deed under provisions of Chapter 28317,
Acts of 1953, the so-called Hardship Act, for the price offered.
PALM BEACH COUNTY - The City of Boca Raton applied for about 36 acres
of land in Section 17, Township 47 South, Range 42 East, Palm Beach
County, being land included in a large tract that the city is
acquiring for a municipal golf course.
Tax sale certificates 1971 of 1931 and Part 927 of 1934 were pur-
chased June 14, 1939, by Lake Worth Drainage District - five days
after June 9, 1939, the date title to the land vested in the State
of Florida under Section 9, Chapter 18296, Acts of 1937. Tax deeds
were issued by the then Clerk of the Circuit Court in the name of
the State of Florida on August 7, 1939, to said District and taxes
were paid on the land in question each year since that date. The
title company noted that the two tax deeds were issued after the
2-17-70
- 596 -
land reverted to the state under the Murphy Act.
On motion by Mr. Conner, seconded and duly adopted, the Trustees
authorized conveyance to the City of Boca Raton under Chapter 21684,
Acts of 1943 (Section 192.38(1) (b) , of the 36 acres title to which
was in question, without advertisement and public sale, for $360.00.
REFUNDS - On motion by Mr. Dickinson, seconded by Mr. Williams and
adopted, the Trustees authorized refund of the amounts submitted by
the following two applicants for release of state road right of way
reservations contained in the numbered Murphy Act deeds, for the
reason that the Department of Transportation did not recommend
the releases^
Broward County Deed No. 1701 - $30 refund to W. George Allen;
Lake County Deed Nos. 2503, 2516, 2579 and 2610 - $50 refund
to Johnie A. McLeod.
On motion duly adopted, the n»eting wa
ATTEST :
^AywCy
ul
ECUTIVE DI RECTO]
Tallahassee, Florida
February 24, 1970
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.
Tom Adams
Earl Faircloth
Fred O. Dickinson, Jr.
Broward Williams
Doyle Conner
Governor
Secretary of State
Attorney General
Comptroller
Treasurer
Commissioner of Agriculture
James W. Ap thorp
Executive Director
Minutes of the meeting of February 17 were submitted for approval.
Calling attention to page nine, Mr. Adams said it was his understand-
ing that the rock mining lease was approved but that advertising was
held up a week to allow the second lease to be placed on the agenda
and approved, after which both could be advertised at the same time.
Subject to correction of that portion of the minutes as requested
by Mr. Adams, the Trustees approved minutes of February 17, 1970.
2-24-70
- 597 -
CAPITOL CENTER - Trustees' Funds for Property Acquisition.
The Director requested authority to purchase fourteen properties in
the Capitol Center for up to ten per cent above the appraised value.
In those cases where a price cannot be arrived at between the owner
and the staff, he requested authority to begin condemnation proceed-
ings. There remained $209,797 in the current year's budget
designated for purchase of capitol center property. An estimated
$605,800 would be required to purchase the parcels listed belov;.
Therefore, an increase in the current budget by $396,003 was also
requested.
The Director referred to a map showing state ownership in the capitol
center, and the boundary of that area as determined by the Capitol
Center Planning Committee prior to its abolishment. The staff had
worked with the Department of General Services, which would be
called on if condemnation became necessary. The Director explained
the program of acquisition and priorities and advised that he had
consulted the Planning and Budgeting Division, that acquisition of
the fourteen parcels would tie up all Trustees' funds except that
for operating costs and investments, for a period from six months
to a year.
The Board approved a suggestion by the Treasurer that the Director
investigate and report on other land remaining in private ownership
v;ithin the capitol center boundaries. Mr. Williams said the Legis-
lature might be approached for whatever monies and authority might
be needed to purchase the other property for the capitol center.
Mr. C. DuBose Ausley, president of the Tallahassee Chamber of
Commerce, thanked the Trustees for their continued interest in
expanding the Capitol Center, which the Chamber of Commerce had long
been on record as favoring.
On motion by Mr. Adams, seconded by Mr. V/illiams and adopted without
objection, the Trustees granted the authority requested by the staff
to proceed with the purchase of the properties described below and
to increase the current budget by $396,003.
1. Executive Office Building and property, 908, 910 S. Bronough
Street, described as E^ of Lot 8, Sub. of uh of NE^* of
Section 1, Township 1 South, Range 1 West, less N. 10 ft.
thereof; also the E*2 of Lot 322, Old Plan Tallahassee
together with a 10 ft. strip adjacent thereto on the South
2. Annie Mae Ferrell property, 417-425 E. Madison Street,
described as the East 5/8 (106.25 ft.) of the N 70 ft.
Lot 28, Old Plan, Tallahassee
3. Hannah L. Carlton property, 612 S. Duval Street, described
as South 57.8 ft. of Lot 255, Old Plan, Tallahassee
4. Genevieve Crawford property, 514 S. Duval Street, described
as Lot 251 and the east 42.33 ft. Lot 252 Old Plan,
Tallahassee
5. Henry and G. M. Gray property, 209 W. Gaines Street,
described as Lot 9 and E^ of Lot 10, Capitol Place
6. Nanna J. Sonderup property, 812 S. Duval Street, described
as North 65 ft. Lots 21, 22, Capitol Place
7. F. D. Hartsfield property, 818 S. Duval Street, described
as South 75 ft. Lots 21, 22, Capitol Place
8. T. S. Green property. South side Gaines Street between
Duval and Bronough Streets, described as Lot 12 and
E 15 ft. of Lot 13, Capitol Place
9. Ashmore Brothers property, 214 Bloxham Street, described
as Lots 17, 18, Capitol Place
10. R. W. Ashmore, Jr., property, 220, 222 Bloxham Street,
813,817 Bronough Street, described as Lots 15, 16 Capitol
Place
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11. Carl S. Shivar property, 811 Bronough Street, described as
S 33 ft. of W 27.5 ft. of Lot 13 and S 33 ft. of Lot 14,
Capitol Place
12. J. W. and F. S. Simmons, Sr., et al, property, W. Gaines
between Bronough and Boulevard (north side of street)
described as West 70 ft. of South 100 ft. of Lot 319 Old Plan
13. Nathaniel Harrison property, 214 Blount Street, described
as Lot 47, Capitol Place
14. Clarence E. Weaver, et al, property, S. Adams between Bloxham
and Bloxint Streets (West side of street) , described as
N^ of Lots 57 and 58, Capitol Place
DADE COUNTY - Bulkhead Lines. The Secretary of State asked for infor-
mation on the Dade County bulkhead line situation. The Director advised
that the county met last week and adopted the line which the Trustees'
staff had recommended, providing for preservation of mangrove growth
in several areas in lower Biscayne Bay. The county had not yet
forwarded the bulkhead line to the Trustees.
Mr. Adams said that when the bulkhead line was furnished, the Metro
Commission of Dade County should be commended for its leadership in
the light of the difficulty and controversy involved in trying to
preserve areas high in natural resources.
LEON AND GADSDEN COUNTIES - Easement for Right of Way.
File 2300- 20 & 37 - 253.03.
The Department of Transportation requested an easement covering 0.2
acre parcel of Ochlockonee River bottoms in Section 8, Township 2
North, Range 1 West, to construct a bridge on State Road S-157,
Section 55570-2602, Parcel No. 100.1.
The Department of Natural Resources reviewed the plans and as no
dredging or filling was proposed, offered no objection.
On motion by Mr. Fair cloth, seconded by Mr. Dickinson and adopted,
the Trustees authorized issuance of the easement.
BREVARD COUNTY - Dredge Permit, Section 253.123 Florida Statutes.
Richland, Inc., of Melbourne applied for permission to dredge a
navigation channel 50 ft. wide by 4 ft. deep in Section 26, Township
29 South, Range 38 East, in Mullet Creek, Brevard county. The
material removed would be placed on applicant's upland. Applicant
tendered check for $669.00 as payment for 6,690 cubic yards of
material, since the area was within an aquatic preserve.
The biological report was adverse. However, the proposed channel
would provide needed access to navigable waters and the staff
recommended approval.
On motion by Mr. Dickinson, seconded by Mr. Adams and adopted
without objection, the Trustees authorized issuance of the permit.
COLLIER COUNTY - Dredge Permit, Section 253.123 Florida Statutes.
Marco Island Development Corporation applied for permit for dredging
interior canals on applicant's property and making channel connec-
tions to navigable waters in Sections 5, 6, 7 and 8, Township 52
South, Range 26 East, Marco island. Collier County. All dredging
would be done in canals with plugs left in, in order to minimize
silting .
2-24-70
- 599 -
The biological report was adverse, however the applicant would be
working within his ownership and neb in sovereignty lands. Staff
would require that the upland work be completed before the channel
connections v;ere made to minimize siltation from the upland work.
Answering Mr. Adams' question regarding the biological damage, Mr.
Apthorp said two proposed dredge areas were eliminated from the plan
which also should minimize biological damage.
On motion by Mr. Dickinson, adopted without objection, the Trustees
authorized issuance of the dredge permit.
DADE COUNTY - Dredge Permit, Section 253.123, File No. 443.
Richard E. Danielson, Jr., applied for permission to dredge in
Biscayne Bay in Section 40, Township 54 South, Range 41 East, Dade
County, to improve navigation and allow dockage of a large cruiser.
The proposed dredge area was approximately 190 ft. by 200 ft. by 8
ft. deep, and applicant tendered check for $480.50 as payment for
the 4,805 cubic yards of overdredge material.
The biological report was adverse and recommended certain changes
in the project plan. However, the applicant was unable to comply
with the suggested changes which would position his craft within the
turning basin of sightseeing boats that visit Vizcaya daily. In an
effort to avoid additional dredging and destruction of marine life,
applicant proposed to have access to his basin through the existing
Vizcaya channel.
On motion by Mr. Adams, seconded by Mr. Fair cloth and Ilr. Conner,
the Trustees authorized issuance of the dredge permit to improve
navigation.
LEE COUNTY - Dredge Permit, Section 253.123 Florida Statutes.
Lee county Electric cooperative. Inc., applied for permit to dredge
a navigation channel 50 ft. wide by 5 ft. deep in Pine Island Sound
in Township 45 South, Range 22 East, Lee County, needed to allow
installation of a power line across Pine Island Sound.
The biological report was not adverse. The material removed from
the channel would be replaced in the channel when construction was
completed.
On motion by Mr. Faircloth, seconded by Mr. Dickinson and Mr. Adams,
and adopted, the Trustees authorized issuance of the dredge permit.
MONROE COUNTY - Dredge Permit, Section 253.03 F. S., File No. 155.
Key West Naval Air Station applied for permit to remove 4,500 cubic
yards of material from Boca Chica Key in Sections 29 and 30, Town-
ship 67 South, Range 26 East, Monroe County. The material removed
would be used to create a wading beach area for naval personnel.
The biological report was adverse.
On motion by Mr. Adams, seconded by Mr. Dickinson and adopted, the
Trustees authorized issuance of the dredge permit requested by the
U. S. Naval Air Station.
MONROE COUNTY - Dredge Permit, Section 253.123 Florida Statutes.
The Department of Transportation requested an amended permit to
dredge, pursuant to recommendations of the United States Fish and
2-24-70
- 600 -
wildlife Service, a borrow area 250 ft. wide, 600 ft. long, and 30 ft.
deep in Sections 32 and 33, Township 66 South, Range 30 East, Florida
Bay in Monroe County. The application appeared on the Trustees' agenda
on January 5, 1970. Dimensions of the original borrow area were 600
ft. by 600 ft. by 16.8 ft.
Motion v/as made by Mr. Adams, seconded by Mr. Dickinson and adopted,
that the Trustees authorize issuance of the amended dredge permit to
the Department of Transportation.
MONROE COUIITY - Dredge & Fill, Section 253.03 Florida Statutes.
Richard Switlik applied for permit to remove 2,458 cubic yards of
material from a finger fill placed on sovereignty land, and to dredge
a navigation channel 60 ft. wide by 20 ft. deep in purchased submerged
land in Section 10, Township 66 South, Range 32 East, Boot Key, Monroe
County. The material will be used to fill approximately 8.3 acres
of purchased submerged land. Applicant tendered check for $245.80
as payraent for the material to be removed from sovereignty land.
The biological survey report was adverse, but the Director said the
applicant had changed the configuratiion of his channels and amendment
of the project plan should minimize damage to marine resources.
On motion by Mr. Adams, seconded by Mr. Fair cloth and Mr. Conner, and
adopted without objection, the Trustees approved issuance of the
permits .
MONROE COUNTY - Dredge Permit, Section 253.03, File No. 156.
Norman R. Dunn, Bonefish Harbor, Marathon, Florida, applied for
permission to dredge 30 ft. wide by 150 ft. long navigation channel
in Section 19, Township 65 South, Range 34 East, Grassy Key, Florida
Bay, in Monroe County. The material removed will be placed on
applicant's upland.
The biological report was not adverse.
On motion by Mr. Williams, seconded by Mr. Adams and adopted without
objection, the Trustees authorized issuance of the permit.
NASSAU COUNTY - Dredge Permit, Section 253.123, File No. 417.
E. L. Dell, Jr., Dell industries of Waycross, Georgia, applied for
p'^rrnission to connect a 75 ft. wide by 8 ft. deep navigation channel
to the Amelia River in Section 46, Township 1 North, Range 28 East,
Nassau county. The material removed would be placed on applicant's
upland .
The biological report was not adverse, and applicant submitted a
signed statement that the creek referred to in the biological
report would not be filled during his ownership.
Motion was made by Mr. Williams, seconded by Mr. Conner and Mr.
Faircloth, and adopted, that the dredge permit to improve naviga-
tion be approved.
OKALOOSA COUNTY - Dredce Permit, Section 253.123 Florida Statutes,
Richard Duke of Destin, Florida, applied for permit to dredge 450
cubic yards of material from Indian Bayou in Lot 27, Block "J",
Mcreno Acres Subdivision, Okaloosa County, to deposit upon his
upland property. He tendered check for $50 as minimum payment for
dredge material.
2-24-70
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The biological report was not adverse.
On motion by Mr. Williams and Mr. Adams, seconded by Mr. Faircloth
and adopted, the Trustees approved issuance of the permit.
PALM BEACH COUNTY - Fill Permit, Section 253.124, Florida Statutes,
Deed Nos . 17786 and 18658.
J. S. Matthew and Frank Sawyer had been granted a fill permit on
February 3 by the Town of Highland Beach, Florida, to fill a .09
acre parcel of submerged land in Section 28, Township 46 South,
Range 43 East, Intracoastal Waterv/ay, Palm Beach County, subject to
the approval of the Trustees.
The biological report was partially adverse. The Director said the
area was south of Lake Worth and had been previously conveyed.
On motion by Mr . Faircloth, seconded by Mr. Adams and adopted
without objection, the Trustees approved the fill permit.
PALM BEACH COUNTY - Dredge Permit, Section 253.123; Fill Permit,
Section 253.124; Deed File No. 1963-50.
Marbet Corporation, by Donald M. Shepherd, applied for permission to
dredge 11,000 cubic yards of material from Lake Worth in Section 28,
Township 42 South, Range 43 East, Palm Beach County, to fill approxi-
mately 0.7 acre in La]ce Worth in said section previously purchased.
Applicant tendered check for $1,100 as payment for 11,000 cubic
yards of material to be removed.
The fill permit was issued by the City of Riviera Beach on March 4,
1969, subject to Trustees' approval. Applicant had amended his
application by reducing the dredge area as recommended by the biolog-
ical survey report. The Director recommended approval.
On motion by Mr. Adams, seconded by Mr. Faircloth and adopted, the
Trustees approved the application for dredge and fill permits.
PINELLAS COUNTY - Fill Permit, Section 253.124 Florida Statutes.
At the request of the Director, an application from Investors
Development Corporation for a fill permit for construction of a
seawall at the bulkhead line was removed from the agenda for further
study and investigation of reported activities.
PINELLAS COUNTY - Dredge Permit, Section 253.123 Florida Statutes.
Pinellas County Water and Navigation Control Authority issued a
dredge-only permit. No. DO-179, to the City of Tarpon Springs,
subject to approval by the Trustees, for maintenance dredging in
the Anclote River Turning Basin in Section 12, Township 27 South,
Range 15 East, Pinellas County. The spoil material would be trucked
away, and the biological report was not adverse.
On motion by Mr. Adams, seconded by Mr. Dickinson and adopted, the
Trustees approved the dredge permit to the City of Tarpon Springs.
PINELLAS COUNTY - Dredge Permit, Section 253.123 Florida Statutes.
Pinellas County Water and Navigation Control Authority issued a
dredge-only permit to the City of St. Petersburg on an emergency
basis to allow the city to remove a shoal from in front of the
Central Yacht Basin in Old Tampa Bay in Section 21, Township 31
South, Range 17 East, Pinellas County.
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staff requested waiver of requirement for a biological survey report
as provided for in Section 253 .123 (3) (a) Florida Statutes.
On motion by Mr. Dickinson, seconded by Mr. Conner and adopted, the
Trustees approved the dredge permit as requested.
PINELLAS COUNTY - Dredge Permit, Section 253.123 Florida Statutes.
TelePrompter Corporation, by Herman W. Goldner of St. Petersburg,
Florida, applied for permission to dredge to install a television
cable in Township 32 South, Range 15 East, Boca Ciega Bay, Pinellas
County. Applicant tendered check for $100 in payment of the required
processing fee.
The biological survey report was not adverse.
On motion by Mr. Adams, seconded by Mr. Williams and adopted, the
Trustees approved issuance of the dredge permit for utility
installation.
POLK COUNTY - Dredge Permit, Section 253.123 Florida Statutes.
Florida Game and Fresh Water Fish Commission applied for permit to
remove fill material and a limited amount of aquatic vegetation from
Lake Parker in Section 17, Township 28 South, Range 24 East, Polk
County, for the purpose of creating a large public fishing area. All
materials removed from the project area will be carried away or placed
above the ordinary high water line.
The biological survey report was not adverse.
On motion by Mr. Conner, seconded by Mr. Williams and adopted, the
Trustees approved issuance of the dredge permit.
PUTNAM COUNTY - Dredge Permit, Section 253.123 Florida Statutes.
Leland R. Beckham, Chairman of Putnam County Port Authority, applied
for an amended permit to dredge a navigation channel 100 ft. wide by
12 ft. deep and a turning basin 400 ft. wide by 12 ft. deep in the
St. Johns River in Section 37, Township 9 South, Range 25 East,
Putnam County. The material removed will be placed in an abandoned
Corps of Engineers spoil area by use of a downspout to minimize
siltation. The original permit for the project was approved by the
Trustees on December 23, 1959. The application was amended to
comply with recommendations of the U. S. Fish and Wildlife Service
as to channel alignment and proposed spoil areas.
The biological survey report was not adverse.
On motion by Mr. Dickinson, seconded by Mr. Williams and adopted,
the Trustees approved issuance of the amended pei"mit.
ST. JOHNS COUI'JTY - Dredge Permit, Section 253.123, File No. 448.
Roy L. Turknett, Jr., President, Ponte Vedra Shores, Inc., applied
for permission for maintenance dredging in two navigation channels
50 feet wide by 3 feet deep that connect to the North River in
Section 30, Township 6 South, Range 30 East, St. Johns County. The
removed material would be placed on the applicant's upland.
The biological report was not adverse.
Motion was made by Mr. Faircloth, seconded by Mr. Williams and
adopted, that the Trustees approve the application for dredge permit,
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VOLUSIA COUNTY - Dredge Permit, Section 253.123, File No. 415.
K. F. Scheier applied for permission to dredge a navigation channel
30 ft. wide by 3 ft. deep in Section 2, Township 19 South, Range 30
East, Lake Monroe, Volusia County. The material removed would be
placed on applicant's upland. The biological survey report was not
adverse.
Mr. Adams noted the depth of the channel was not very great and
questioned whether the applicant just wanted to obtain fill material.
On checking the file, the Director advised that applicant originally
planned to place his material alongside the channel but the staff
required deposit on his upland to minimize siltation.
On motion by Mr. Adams, seconded by Mr . Williams and adopted, the
Trustees authorized issuance of the dredge permit.
VOLUSIA COUNTY - Dredge Permit, Section 253.123, File No. 444.
Lester R. Oldaker, Riverside Garden Apartments, Daytona Beach,
Florida, applied for permit to dredge a navigation channel 100 ft.
wide, 886 ft. long and 3 ft. deep along the front of his property
in Section 25, Township 14 South, Range 32 East, Halifax River,
Volusia County. The material removed would be placed on applicant'
upland. The biological survey report was not adverse.
On motion by Mr. Williams, seconded by Mr. Faircloth and adopted,
the Trustees authorized issuance of the dredge permit to improve
navigation.
WALTON COUNTY - Dredge Permit, Section 253.123, File No. 407.
On motion by Mr. Faircloth, seconded by Mr. Williams and adopted
without objection, the Trustees approved issuance of permit to
A. C. Howe of Niceville, Florida, for dredging to connect a 30 ft.
wide by 5 ft. deep navigation channel to Choctawhatchee Bay in Sec-
tions 30 and 31, Township 1 South, Range 21 ./est, Walton County.
The biological survey report v;as not adverse.
MONRO 3 COUNTY - Dock Permit, Section 253.03, Florida Statutes.
On motion by Mr. Williams, seconded by Mr. Adans and adopted without
objection, the Trustees approved issuance o_' state dock permit to
Robert .1. Tov/nson, represented by Bailey, Glass and Post, Inc.,
authorizing construction of a private dock a. id enclosing a basin on
submerged land ov^?ned by applicant in Florida Bay at Upper Matecumbe
Key in Section 32, Tov;nship G3 South, Range 37 East, Monroe County,
for which all required exhibits and ^10.00 processing fee had been
furnished. The biological survey report was not adverse.
BREVARD COUNTY - Dock Permit, Section 253.03, Florida Statutes.
On motion by Mr. »Jilliams, duly adopted, the Trustees approved
issuance of state commercial dock permit to Venetian, incorporated,
represented by McLaughlin Engineering Company, authorizing construc-
tion in New River Sound at Mooney Point in Section 12, Township 50
Sour.h, Range 42 East, Brevard County, for which all required exhibits
and $100 processing fee had been furnished.
COLLIER COUNTY - Dock Permit, Section 253.03, Florida Statutes.
On motion by Mr. Williams, duly adopted, the Trustees waived the
$100 processing fee and authorized issuance of permit to the Collier
County Conservancy authorizing construction of instrument stations
in connection with a scientific study by the Institute of Marine
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Sciences, Miami, Florida, in Rookery Bay, collier County.
CHARLOTTE COUNTY - Quitclaim Deed. Earl Drayton Farr, Jr., attorney,
requested a quitclaim deed covering a tract of 66.84 acres in Section
25, Township 41 South, Range 23 East, Charlotte County, deeded to
F. Claude Roberts by the Florida Game and Fresh Water Fish Commission
on October 24, 1967, in a land exchange authorized by Chapter 67-826,
Laws of Florida.
Pursuant to Section 253.03 Florida Statutes, as amended by Chapter
67-2236 Laws of Florida, the Trustees are vested with title to lands
formerly owned by agencies of the state, and said law might have vested
title to the subject land in the Trustees. Therefore, staff legal
counsel recommended that the Trustees quitclaim any interest they
might have in the land for a $25.00 handling charge.
On motion by Mr. Faircloth, seconded by Mr. Williams and adopted, the
Trustees authorized issuance of the quitclaim deed.
DADE COUNTY - Rock Mining Lease. On February 17, 1970, the Trustees
authorized advertisement for competitive bids for a rock mining lease
on a 1,015.6 acre tract of land in Dade County, following basic
guidelines approved February 3, 1970. The Board directed that the
advertising be held for a week for consideration of a second tract
of land.
Another tract, containing 1,000 acres, more or less, in Sections 22
and 23, Township 53 South, Range 39 East, Dade County, was available
and suitable for limerock mining and developing into public recreation
areas follaving the guidelines established and minimum royalty and
annual advance rental approved for the tract last week. Staff recom-
mended that all of Section 22, less S% of S^s; and the W^, N^ of SEiS
and 3^2 of NE% less S% of SW^ of Section 23, Township 53 South, Range
39 East, containing 1,000 acres, more or less, be advertised for
competitive bids for 10-year lease with option to renew for two
succeeding 10-year terms, annual minimum rental of $25,000 for the
first two years and $40,000 each succeeding year to be credited
against cumulative royalty, production royalty, master recreation
plan providing for release of portions of the area for public
recreation use prior to the end of the lease term, performance bond
in the amount of $100,000, royalty to be no less than four per cent
of the value of the processed limerock loaded at the leased premises.
The Director explained that an additional item of criteria would be
a cents-per-ton figure, that a minimum of 6.5<: per ton would be used
in the advertisement. The four per cent royalty would be in the
lease, and the Trustees would share in any increase in value of
mined material.
The minimum depth in the proposed leases was discussed. The staff
had consulted with the State Geologist, Central and Southern Florida
Flood Control District, Recreation and Parks Division, and the
Director said the recreation plan for the areas would be the
controlling condition.
Motion was made by Mr. Conner, seconded by Mr. Dickinson and adopted
witliout objection, that the staff recommendations be approved and
advertisement of the two tracts for lease be authorized.
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TAMPA PORT AUTHORITY - Secretary of State Tom Adams called attention
to the 1967 Act which had exempt lands in the Tampa Port Authority
from jurisdiction of the Trustees with respect to dredge and fill
permits. He said the local law acts to repeal the general statutes
and should be tested as to its constitutionality. As there was a
possibility of sale of 870 acres of bottoms in this area, he asked
the staff to look into the matter.
Monroe County had been exempt from provisions of the Bulkhead Act.
Mr. Adams said that dredge and fill exemptions in the Keys and in
Tampa Bay should be stopped by legislative action. Governor Kirk
asked the staff to review the situation and notify his office and
the Attorney General of any recommendations.
Secretary of State Tom Adams commented on a movement afoot to require
salt water fishing licenses, as licenses are required for fresh
water fishing. He suggested that monies from license fees might be
used for reacquisition of submerged lands that had been sold and for
additional aquatic preserves. Also, the Trustees might go on record
as recommending, in the event salt water fishing licenses are
required, that a share of the proceeds be allocated to the Trustees
and he suggested an initial allocation of fifty per cent.
The Director said the staff would furnish each member a copy of a
bill proposed by Southeastern Fisheries Association, along with a
staff analysis.
Governor Kirk indicated that was a proposal requiring further study,
as he was not sure he would favor salt water fishing licenses.
No action was taken by the Board
On motion duly adopted, the meeting was
ATTEST: \ A^^a JA
CECUTIVE DIRECTOR
4)
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Tallahassee, Florida
March 10, 1970
The State of Florida Board of Trustees of the Internal Improvement
Trust Fund met on this date in the Capitol in the office of the
Governor, with the following members present:
Tom Adams Secretary of State, Acting Chairman
Earl Faircloth Attorney General
Fred O. Dickinson, Jr. Comptroller
Floyd T. Christian Commissioner of Education
Doyle Conner Commissioner of Agriculture
James V7. Apthorp Executive Director
Minutes of the meeting of February 24 were approved.
On motion by Mr. Christian, adopted without objection, the rules
were waived to allow consideration of a subject not on the printed
agenda .
Mr. Apthorp presented for discussion the future of the Interagency
Advisory Committee on Submerged Land Management. Created in May
1968 with no staff and a membership of persons with other full-time
jobs, the committee under Chairman Randolph Hodges had completed a
review of bulkhead lines and a system of aquatic preserves. Even
with the present Department of Natural Resources, Mr. Hodges felt
the need of some advisory group. Reorganization raised questions,
as coordinating councils had to be established by law, and a
committee as an advisory body was limited as to subject and time.
The Interagency Advisory Committee had discussed its future and now
that the Trustees had approved the last of the twenty-six aquatic
preserves (February 17, 1970), additional direction was needed.
After discussion with the Trustees' staff members and Senator Hodges,
the Director offered the following recommendations:
1. That the membership consist of the following:
(a) Executive Director, Department of Natural Resources,
Chairman
(b) Survey and Management Officer, Department of
Natural Resources
(c) Director of Marine Resources, Department of
Natural Resources
(d) Director, Game and Fresh Water Fish Commission
(e) Executive Director, Trustees of the Internal
Improvement Trust Fund
(f) Director of Land Management, Trustees of the
Internal Improvement Trust Fund
(g) One representative of the Department of Commerce
appointed by the Secretary
(h) One representative of the Division of Planning and
Budgeting appointed by the Secretary
(i) One representative of the Air and Water Pollution
control Commission appointed by the Chairman
(j) Division of Recreation and Parks, Department of
Natural Resources
2. Under the provisions of Section 3, paragraph (8) of the
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Reorganization Act of 1969 that the above named committee
be appointed as the Advisory Committee on Aquatic Preserves
with the following duties:
(a) Study proposals for aquatic preserves in addition to
the 26 already proposed and adopted by the Trustees
(b) Hold public hearings on the additional preserves
(c) Make a report to the Trustees no later than December
31, 1970, which shall contain the committee's
recommendations on additional preserves
3. That the expenses incurred in this connection be borne
by the Trustees not to exceed $2,000
Motion was made by Mr. Christian, seconded by Mr. Faircloth and
carried, that the above recommendations be adopted as the action
of the Trustees.
BAY COUNTY - Bulkhead Line, Section 253.122 Florida Statutes.
The Board of County Commissioners of Bay County by resolution adopted
on December 2,1967, established a bulkhead line 165.99 feet long in
West Bay in Section 28, Township 2 South, Range 16 West, Bay County.
All required exhibits were furnished and there were no objections at
the local hearing. The biological survey report was not adverse
and the staff recommended approval.
On motion by Mr. Faircloth, seconded by Mr. Christian and adopted,
the Trustees approved the bulkhead line as established by Bay County.
CLAY COUNTY - Bulkhead Line, Section 253.122 Florida Statutes.
The Board of County Commissioners of Clay County by resolution
adopted January 12, 1970, established a bulkhead line 447.92 feet
long in Doctor's Lake in the John Creighton Grant in Section 44,
Township 4 South, Range 26 East, Clay County.
All required exhibits were furnished, there were no objections at the
local hearing, and the biological survey report was not adverse.
On motion by Mr. Faircloth, seconded by Mr. Christian and adopted,
the Trustees approved the bulkhead line as established by Clay county.
MANATEE COUNTY - Bulkhead Line, Section 253.122 Florida Statutes,
The Board of County Commissioners of Manatee County by resolution
adopted August 19, 1969, relocated a bulkhead line along the existing
shoreline between the Manatee-Sarasota County line northerly to the
mouth of the Manatee River.
All required exhibits were furnished and the biological survey report
was adverse. Staff recommended approval, the Director explaining
revisions that had been made in the line after the adverse report
was made. He said the staff would rely on advice of the Attorney
General as to questions raised by Mr. Adams with respect to the
possibility of jeopardizing the state's position by having the
bulkhead line accommodate old bulkhead lines and sales or cut across
pr e V ious sales.
On motion by Mr. Faircloth, seconded by Mr. Christian and adopted,
the Trustees approved the bulkhead line subject to further review
and approval by the Attorney General.
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PASCO COUNTY - Bulkhead Line, Section 253.122 Florida Statutes.
The Board of County Commissioners by resolution adopted on November
12, 1969, located and fixed a bulkhead line 5.42 miles in length
along the Gulf of Mexico and the Anclote River from Bailey's Bluff
south to the south line of Pasco County. All required exhibits were
furnished and the biological survey report dated November 3, 1969
was adverse. The county located the line in accordance with staff
recommendations in an attempt to preserve biologically valuable areas,
and approval was recommended by the Director. Changes made by the
county were explained and the Director assured Mr. Adams that the line
approximated the high water mark.
On motion by Mr. Christian, seconded by Mr. Dickinson and adopted,
the Trustees approved the bulkhead line as located by Pasco County
and approved by the staff.
ST. LUCIE COUNTY - Bulkhead Line, Section 253.122 Florida Statutes.
The City Commission of the City of Fort Pierce by Ordinance No. F-159
adopted on December 10, 1968, located and fixed a bulkhead line
11,200 feet long along the north side of the South Causeway and the
north side of the South Beach, and relocated and fixed a bulkhead line
on the southwest side of the South Causeway in Section 2, Township
35 South, Range 40 East, St. Lucie County. All required exhibits
were submitted and there were no objections at the local hearing.
The biological survey report was adverse. The Director said the
staff recommendation for approval was justified, in his opinion.
On motion by Mr. Dickinson, seconded by Mr. Conner and adopted
without objection, the Trustees approved the bulkhead lines as
located and relocated by the City of Fort Pierce in St. Lucie County.
MONROE COUNTY - Channel Dedication, Florida Keys Junior College.
Florida Keys Junior College, by President John S. Smith, requested
dedication to the Board of Trustees of the Florida Keys Junior College
of a strip of submerged land 9,280 feet long by 250 feet wide for
a navigation channel in Sections 21, 22, 26 and 27, Township 67
South, Range 25 East, Monroe County, extending from the Florida Keys
Junior College site into the Gulf of Mexico. The Department of
Natural Resources biological study report was not adverse. Trustees'
staff had tried twice without success to have the channel work done
under bids.
On motion by Mr. Christian, seconded by Mr. Dickinson and adopted
without objection, the Trustees approved the dedication subject to
the following provisions recommended by the staff:
1. Dedication limited to channel purposes to serve needs
of the Florida Keys Junior College
2. The land covered by the dedication will revert in the event
the channel work is not begun within three years next
after issuance of the dedication.
DADE COUNTY - File No. 2254-13-253.12, Land Sale.
On December 16, 1969, the Trustees considered application from
Lila M. Powers to purchase a 0.19 acre parcel of sovereignty land
in Biscayne Bay abutting Lot 12, Gifford and Highleymans Subdivi-
sion of Lot 38, Block "B" Brickell Addition, Plat Book 3, Page 38,
public records of Dade County, in the City of Miami, Florida.
;^plicant offered $6,000 for the parcel, at the appraised value
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- 609 -
of $31,578.95 per acre.
Notice of proposed sale was published in the Miami Herald, proof of
publication filed, and the one objection received related mainly to
city zoning regulations. Applicant desired to use the land for
residential development. It was landward of the bulkhead line as
confirmed by the Interagency Advisory Committee, and staff recommen-
ded approval of the sale which appeared to be a hardship case. The
biological survey report was adverse.
Mr. Apthorp said the parcel was in the vicinity where two other
sales had been made recently and it would complete a segment within
the confirmed bulkhead line.
On motion by Mr. Dickinson, seconded by Mr. Conner and adopted
without objection, the Trustees confirmed sale of the advertised
parcel to the applicant.
Mr. Adams raised question as to the basis of the appraisals now
being made, being concerned that the state get full value for land.
One method used by the appraiser was explained as determining the
fair market value for the finished land in its location, and then
subtracting the improvement costs (filling, etc) . The Director
expressed confidence in the staff appraiser, citing instances of
increased valuation set for state land.
LEE COUNTY - File No. 2298-36-253.12, Application to Advertise.
Mr. E. Mitchell Whaley, on behalf of Andre Cornu and wife, applied
for a parcel of sovereignty land in Ostego Bay abutting Section 29,
Township 46 South, Range 24 East, Estero Island, containing 0.2 acre,
more or less, in Lee County, to be used for residential development.
Applicant offered the appraised value. The biological survey report
was not adverse for the parcel located landward of the bulkhead line
approved by the Trustees on January 23, 1970.
On motion by Mr. Dickinson, seconded by Mr. Christian and adopted
without objection, the Trustees authorized advertisement for
objections only.
MONROE COUNTY - File No. 2291-44-253.12, Application to Advertise.
Mr. James E. Glass, on behalf of Herbert J. McCauley and wife, applied
to purchase a parcel of sovereignty land in the Atlantic Ocean
abutting Government Lot 1, Section 19, Township 63 South, Range 38
East, Plantation Key, 0.72 acre, more or less, in Monroe County.
Applicant offered appraised value for the parcel, to be used for a
boat basin. it was explained that applicant does not own sufficient
upland on which to construct the entire boat basin due to the zoning
regulations.
The biological survey report was adverse on the area, included in an
earlier application that was dai ied on the basis of the adverse
report. Applicant greatly modified the plans, reducing application
area from 1.78 to 0.72 acre.
On motion by Mr. Christian, seconded by Mr. Conner and adopted
without objection, the Trustees authorized advertisement.
OSCEOLA COUNTY - File No. 2299-49-253.36, Application to Advertise.
Mr. O. Preston Johnson, on behalf of Temple Baptist Building Associa-
tion, Inc., applied to purchase a parcel of reclaimed lake bottom
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land in East Lake Tohopekaliga abutting Section 19, Township 25 South,
Range 31 East, Osceola County, containing 0.6 acre, more or less. The
normal lake level had been established at 57.0 feet mean sea level.
Applicant offered the appraised value for the land to extend upland
ownership to the established elevation of 59.0 feet mean sea level.
On motion by Mr. Conner, seconded by Mr. Dickinson and adopted, the
Trustees authorized advertisement for objections only.
PALM BEACH COUNTY - File No. 2031-50-253.12 - Refund.
On motion by Mr. Conner, seconded by Mr. Christian and adopted, the
Trustees authorized refund of $2,541.73 to Arthur J. Paynter, appli-
cant whose request to purchase a 0.778 acre parcel of sovereignty land
in Lake Worth in Section 3, Township 43 South, Range 43 East, Palm
Beach County, was denied by the Trustees on February 17, 1970.
MONROE COUNTY - File No. 2 183-44-253.12 - Denial and Refund.
Mr. James E. Glass, on beha]f of Charles I. Campbell and wife, applied
to purchase 3.6 acres of soveieignty land in the Atlantic Ocean
abutting Section 2, Township 60 South, Range 40 East, North Key Largo,
Monroe county. Applicant did not disclose any intended use of the
land on which an adverse biological survey report was made.
On motion by Mr. Conner, seconded by Mr. Dickinson and adopted
without objection, the Trustees denied the application and authorized
deactivation of the file and refund of $50 of the application fee.
PUTNAM COUNTY - File No. 2279-54-253.03, Rescind Dedication.
The staff recommended that the action of January 20, 1970, dedicating
21.15 acres of sovereignty land in the St. Johns River to Putnam
County Port Authority, be rescinded because the Port Authority had
modified construction plans and it appeared that the land was no
longer required.
Motion was made by Mr. Christian, seconded by Mr.Faircloth and adopted
without objection, that the dedication of 21.15 acres of sovereignty
land be rescinded and the instrument of conveyance voided.
COLLIER COUNTY - Dredge and Fill Permits, Sections 253.123 and
253.124 Florida Statutes, Deed File No. 25045.
On motion by Mr. Christian, seconded by Mr . Faircloth and adopted
without objection, the Trustees approved a fill permit issued to
Naples Yacht Club, Inc., for filling 0.76 acre, more or less, in
Section 10, Township 50 South, Range 25 East, Naples Bay, and
approved a dredge permit for removal of 14,500 cubic yards of
material from said Section 10 for deposit on purchased submerged
land. Applicant had tendered check for $1,450 as payment for the
material. The biological report was not adverse.
LEE COUNTY - Dredge Permit, to Improve Navigation.
Section 253.123 Florida Statutes.
On motion by Mr. Christian, seconded by Mr. Dickinson and adopted
without objection, the Trustees approved a dredge permit to Mrs.
William F. J. Hess to connect a navigation channel to the Estero
River in Section 29, Township 46 South, Range 25 East, Lee County.
The biological report was not adverse.
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OKALOOSA COUNTY - Dredge Permit, to Improve Navigation.
Section 253.123 Florida Statutes, File 472.
On motion by Mr. Christian, seconded by Mr. Conner and adopted, the
Trustees approved a dredge permit to the Fort Walton Yacht club for
a connection from a boat basin to Cinca Bayou in Section 7, Township
2 South, Range 23 West, Okaloosa County. Material removed would be
placed on applicant's upland, and the biological report was not
adverse.
OSCEOLA COUNTY - Dredge Permit, Section 253.03 F. S., File 143.
Osceola County, by Central and Southern Florida Flood Control District,
requested authority to amend a dredge permit approved by the Trustees
on October 21, 1969. Applicant proposed to place 4,000 cubic yards
of material in Lake Tohopekaliga lakeward of the ordinary high water
line and requested waiver of Trustees Rule 200-3.06 to permit use
of a cutterhead dredge. The Game and Fresh Water Fish Division
waived objection, and staff recommended approval.
On motion made by Mr. Dickinson, seconded by Mr. Faircloth and
adopted without objection, the Trustees approved issuance of the
amended dredge permit.
PINELLAS COUNTY - Dredge Permit, to Improve Navigation.
Section 253.123 Florida Statutes.
Pinellas County Water and Navigation Control Authority issued Permit
No. DO-175, subject to Trustees' approval, for maintenance dredging
in St. Josephs Sound in Sections 27 and 34, Township 28 South, Range
15 East, Pinellas County. The material will be hauled away by the
applicant, the City of Dunedin. Biological survey report was not
adverse.
On motion by Mr. Christian, seconded by Mr. Dickinson and adopted,
the Trustees approved the dredge-only permit to the City of Dunedin.
SANTA ROSA COUNTY - Dredge Permit, to Improve Swimming Area.
Section 253.123 Florida Statutes, File 463.
On motion by Mr . Dickinson, seconded by Mr. Faircloth and adopted
without objection, the Trustees approved the application of J. L.
Kahn of Gulf Breeze, Florida, for a permit to dredge a swimming area
150 feet long, 50 feet wide and 10 feet deep in Pensacola Bay at
Lots 3 and 4, Stephens Survey of James Duncan Homestead in Santa
Rosa County. The material would be placed on uplands behind a
seawall, and the biological survey report was not adverse.
ESCAMBIA COUNTY - Dredge Permit, Utility Installation.
Section 253 .123 (2) (b) Florida Statutes, File 466.
On motion by Mr. Conner, seconded by Mr. Faircloth and adopted
without objection, the Trustees approved a dredge permit to United
Gas Pipeline Company for installation of a 10-inch pipeline in
Section 17, Township 1 North, Range 30 West, Clear Creek, Escambia
County, for $100 processing fee. The biological survey report was
not adverse.
PINELLAS COUNTY - Dredge Permit, Utility Installation,
Section 253.123(2) (b)
The Board of County Commissioners of Pinellas County, by Chairman
Charles E. Rainey, applied for permit to dredge for replacement of
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a submarine cable in Clearwater Harbor in Section 31, Township 26
South, Range 31 East, Pinellas County.
On motion by Mr. Christian, seconded by Mr. Dickinson and adopted
without objection, the Trustees approved issuance of the permit
without requiring a processing fee or the biological survey as
provided for in Section 253.123 (3) (a) Florida Statutes.
PINELLAS COUNTY - Dredge Permit to Improve Upland, Section 253.123 F.
Pinellas County Water and Navigation Control Authority issued a
dredge only permit, subject to Trustees' approval, to Robert D. Wray
for dredging (partial after-the-fact) in Sections 28 and 30, Town-
ship 30 South, Range 17 East, Papys Bayou, Pinellas County. All
materials removed would be placed on applicant's upland. The
biological survey report was not adverse.
Applicant tendered check for $1,235.40 as after-the-fact payment
at 30<: per cubic yard for 4,118 cubic yards of material removed
without first obtaining a permit. Applicant tendered check for
$264.60 for 2,546 cubic yards of material to be removed under the
permit.
On motion by Mr. Dickinson, seconded by Mr. Christian and adopted,
the Trustees approved issuance of the permit.
WALTON COUNTY - Dock Permit, Section 253.03 Florida Statutes.
On motion by Mr. Dickinson, seconded by Mr. Christian and adopted,
the Trustees waived the $100 processing fee and authorized issuance
of a permit to the Department of Transportation for construction of
a dock and boat ramp facility in Choctawhatchee Bay adjacent to State
Road 83 in Section 9 and 16, Township 1 South, Range 19 West, in
Walton County.
TRUSTEES POLICY - Marinas and Other Commercial Facilities.
On motion by Mr. Dickinson, seconded by Mr. Christian and adopted
without objection, the Trustees adopted a policy effective immediately
providing for licensing private interests desiring to occupy sover-
eignty land in conjunction with operation of marinas, charter boat
docks and other commercial mooring facilities that sever sovereignty
lands and the water column from free, unobstructed and unlimited
public use. The license would be issued upon payment of no less than
two cents per scjuare foot annually for sovereignty land severed from
public use. Each license would be renewable annually after receipt
of the appropriate fee.
The Trustees authorized the staff to invoke emergency provisions of
Chapter 120, Florida Statutes, for the purpose of adopting the
appropriate rule to implement the above pPlicy.
Secretary of State Adams commended the Director and staff for
recommending the policy which would charge reasonable fees for use
of a public area by a commercial venture, which fees might be used
for other public areas to be made available.
PINELLAS COUNTY - Marina License, Section 253.03 Florida Statutes.
Staff recommended issuance of a marina license under the new policy
to G. N. Grivas, J. L. Pappas and L. L. Pappas, upon receipt of the
required annual fee for the installation of docks, slips, mooring
piles and dredging to improve navigation on the north side of the
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Anclote River in Section 2, Township 27 South, Range 15 East, in
Tarpon Springs, Pinellas County. All dredged material would be
placed on upland, and the biological survey report was not adverse.
On motion made by Mr. Christian, seconded by Mr. Dickinson and adopted
without objection, the Trustees approved the staff recommendation as
the action of the board.
DUVAL COUNTY - Dredge Permit, to Improve Navigation,
Section 253.123, Florida Statutes, File 464.
On motion by Mr. Dickinson, seconded by Mr. Christian and adopted,
the Trustees approved issuance of a permit to Jacksonville Electric
Authority for dredging three access channels in Section 1, Township
2 South, Range 28 East, and Section 5, Township 2 South, Range 29
East, Pablo Creek in Duval County.
The biological survey report stated that adverse effects should be
only temporary. The material would be replaced in the channels at
completion of installation of transmission line towers.
ST. LUCIE COUNTY - Dredge Permit, to Improve Navigation,
Section 253.123 Florida Statutes.
Indian River Minerals, Inc., applied for an emergency dredge permit
for maintenance dredging in the channel of Indrio in Sections 8 and
9, Township 34 South, Range 40 East, Indian River, St. Lucie County.
The material removed would be placed on existing spoil banks. Staff
requested waiver of the biological report as provided for in Section
253.123 (3) (a) Florida Statutes.
On motion by Mr. Christian, seconded by Mr. Faircloth and adopted
without objection, the Trustees authorized issuance of the permit for
maintenance dredging.
TRUSTEES OFFICE - Policy. Staff requested authority to contact the
various State Attorneys to request their assistance in prosecuting
trespassers on state lands in accordance with the provisions of
Section 253.05 Florida Statutes.
On motion made by Mr. Dickinson, seconded by Mr. Christian and
adopted without objection, the Trustees authorized the staff to
contact the various State Attorneys as requested.
BROWARD COUNTY - Hallandale Beach Restoration Project; Exchange of
Instruments. Mr. S. Lee Crouch, on behalf of Development Corporation
of America, Hallandale, Florida, requested ex parte disclaimer for
lands lying landward of the bulkhead line approved on March 18, 1969,
in connection with the Hallandale beach restoration project. The
applicant will execute a quitclaim deed naming the Trustees as grantee
to lands lying seaward of the bulkhead line.
The Director recommended issuance of ex parte disclaimer subject to
approval of the Trustees' staff counsel of all instruments, subject
to receipt of quitclaim deed for all of the restoration area seaward
of the bulkhead line and also subject to receipt of a dredging
contract for the placement of sand on the beach.
Motion was made by Mr. Christian, seconded by Mr. Dickinson and
adopted, that the Trustees accept the staff recommendation in the
matter .
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MONROE COUNTY - Release Restrictive Covenant, Deed No. 20949.
The Trustees had deferred action on February 3 and 17, 1970, on the
request by the City of Key West for release of a restriction in Deed
No. 20949 relating only to leasing a rectangular parcel 100 by 175
feet within the 110 acre grant known as "Smathers Beach." By Resolu-
tion No. 69-22 dated May 7, 1969, the city indicated that due to lack
of funds it had been unable to provide needed facilities and proposed
to lease an appropriate site to private interests who would install
at no cost to the city the needed sanitary facilities and accommoda-
tions for changing attire. Lessee in turn would operate a concession
stand, selling or renting articles related to beach recreational
activities .
As recommended by the staff, on motion by Mr. Dickinson, seconded by
Mr. Christian and adopted, the Trustees authorized release of
leasing restriction only conditioned, however, that a licensing
agreement be entered into between the city and the entrepreneur,
subject to Trustees' review and approval of plans and specifications
of proposed facilities and review and approval of licensing agreement,
and also subject to stipulation in the release requiring the city to
use the same licensing agreement that is now used by the Division of
Parks and Recreation for their concessionaires.
HILLSBOROUGH COUNTY - Easement.
On motion by Mr. Dickinson, seconded by Mr. Christian and adopted,
the Trustees approved the application of the Department of Trans-
portation for an easement for widening of State Road 582, over and
across a 0.22 acre parcel of land in Section 8, Township 28 South,
Range 19 East, Hillsborough County.
The Board of Regents approved the request for easement over the land
which had been in use by the University of South Florida.
OKEECHOBEE COUNTY - Conveyance of Title.
Central and Southern Florida Flood Control District requested title
to Lots 20, 22, 24 and 31 of Block 44, Okeechobee Gardens Subdivision,
for use in an expansion of the Okeechobee Field Station, to encompass
all of Block 44. The remainder of the block would be acquired by
the district from private owners. The district agreed to accept
title with a reverter for non-use for three consecutive years and/or
use other than field station purposes. Those conditions were
contained in a conveyance from the Trustees in 1960 to the district
of 31 lots in an adjoining block. The county approved the conveyance.
On motion by Mr. Dickinson, seconded by Mr. Faircloth and adopted
without objection, the Trustees authorized conveyance of the lots
requested by Central and Southern Florida Flood Control District by
instrument containing the reverter provisions set out above.
GLADES COUNTY - Easements for Temporary Spoil Area and Right of Way.
The Central and Southern Florida Flood Control District requested
1. temporary easement for a spoil area embracing 4.32 acres in
the unsurveyed part of Sections 29 and 30, Township 42 South,
Range 34 East, Glades County, to be used for spoil from a
canal excavation in connection with a structure to serve 116
square miles of drainage area for discharge into Lake
Okeechobee; and
2. right of way easement covering 3.51 acres in unsurveyed part
of Section 30, Township 42 South, Range 34 East, Glades
County, to be used for a canal in connection with the same
structure .
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On motion by Mr. Faircloth, seconded by Mr. Dickinson and adopted,
the Trustees granted temporary spoil easement to expire December 31,
1972, and right of way easement embracing the areas requested by
Central and Southern Florida Flood Control District.
GLADES COUNTY - Borrow Pit Permit.
The Board of County Commissioners of Glades County requested permit
for a borrow area embracing 12.13 acres in unsurveyed Section 22,
Township 42 South, Range 32 East, Lake Hicpochee, in Glades County,
being the same area granted to Central and Southern Florida Flood
Control District on June 24, 1969, as a spoil area. By Resolution
No. 896 dated February 13, 1970, the District agreed to joint usage
with Glades County.
The location and joint usage conform to recommendations of the
Department of Natural Resources. The area will replace a 37.5 acre
borrow area in Lake Okeechobee.
On motion by Mr. Dickinson, seconded by Mr. Christian and adopted,
the Trustees authorized issuance of the permit subject to conditions
established by Central and Southern Florida Flood Control District.
LEE COUNTY - Hopper Dredge Easement, Spoil Area, File 2285-36-253.03.
The Board of County Commissioners of Lee County by resolution adopted
July 30, 1959, as sponsors requested an easement embracing 575 acres,
more or less, in the Gulf of Mexico lying offshore from Cayo Costa
Island, to be used as a spoil area for channel maintenance by the
United States Corps of Engineers.
The Department of Natural Resources reviewed the project and
approved placing the spoil in the Gulf of Mexico in about 25 feet
of water on a generally sandy bottom as far preferable biologically
to spoiling in more productive grassy inshore bottoms.
On motion by Mr. Faircloth, seconded by Mr. Christian and adopted,
the Trustees authorized issuance of the easement.
SHELL LEASE REPORT - The Trustees accepted for the record the
report showing the following remittances to Florida Department of
Natural Resources from holders of dead shell leases:
Lease No. Name of Company Amount
1718 Radcliff Materials, Inc. $11,678.65
1788 Benton and Compeny, inc. 20,220.10
2233 Bay Dredging & Construction Co. 5,788.31
2098 East Bay Dredging & Construction 5,000.00
RECLAIMED LAKE BOTTOM LANDS - Technical Advisory Committee.
On January 20, 1970, the Trustees approved a policy related to sale
of reclaimed lake bottoms. The policy called for the appointment
of a technical advisory committee to make recommendations to the
staff and the board on original ordinary high water levels in the
subject lakes.
The staff recommended the appointment of nine members and that
authorization be granted to reimburse the appointees for actual
travel and per diem expenses not to exceed the maximums allowed
by the law.
3-10-70
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On motion by Mr. Christian, seconded by Mr. Dickinson and adopted
unanimously, the Trustees appointed the following persons as a
technical advisory committee to recommend original ordinary high
water levels in the subject lakes, and authorized reimbursement of
their actual travel and per diem expenses as recommended by the staff:
1. Mr. Fred Vidzes, Director, Division of Land Management,
Trustees - Chairman
2. Colonel J. V. Sollohub, Director, Division of Interior
Resources, Department of Natural Resources
3. Dr. William H. Morgan, University of Florida
4. Mr. Myron Gibbons, Attorney at Law
5. Mr. William R. Kidd, Professional Engineer
6. Mr. A. 0. Patterson, Director, Florida Water
Resources Reseeurch Center
7. Mr. Robert Taylor, Hydrologist, Central and Southern
Florida Flood Control District
8. Mr. William C. Hart, President, Florida Society
Professional Land Surveyors
9. Mr. H. E. Wallace, Biologist, Florida Game and Fresh
Water Fish Division
Secretary of State Tom Adams asked the Director to prepare informa-
tion for the Trustees relative to the authority of the port districts
under the statutes, and any proposed legislation which the staff
might be working on or reviewing.
SUBJECTS UNDER CHAPTER 18296
On motion by Mr. Dickinson, seconded by Mr. Christian and adopted,
the Trustees accepted Murphy Act Report No. 963 and approved one
regular bid for sale of a parcel of land in Hillsborough county under
the provisions of chapter 18296, Acts of 1937 - Section 192.38 Florida
Statutes; also, approved issuance of Putnam County Deed No. 1608-
Corrective to G. E. McReynolds to correct the description of the land
conveyed in original Deed No. 1608 dated December 27, 1945.
On motion duly adopted, the meeting was adjourned.
Secretary of State - Acting Ch^rman
Attest: JtAAAA^
*** *** ***
3-10-70
- 617 -
Tallahassee, Florida
March 17, 1970
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:
Earl Faircloth Attorney General, Acting Chairman
Fred 0. Dickinson, Jr. Comptroller
Broward Williams Treasurer
Floyd T. Christian Commissioner of Education
Doyle Conner Commissioner of Agriculture
James v-?. Apthorp Executive Director
Minutes of the meeting held on March 10 were approved.
The Trustees authorized correction of the records of the meeting
held on January 27, 1970, on which date the Director inadvertently
referred to "National Industries" when it should have been "Enter-
prise Properties, Ltd."
BROWARD COUNTY - Hallandale Beach Restoration Project.
Mr. S. Lee Crouch, attorney representing the upland owners partici-
pating in the Hallandale beach restoration project, and representa-
tives of the City of Hallandale were present in regard to the
Trustees' action on March 10 imposing a requirement that there be
a dredging contract for placement of sand on the beach prior to
issuance of disclaimer to the owners.
On the agenda of the Department of Natural Resources on this date
was application for issuance of permits for the sandbag revetment
on the seawall-revetment line approved by the Trustees on March 18,
1969.
The Director discussed the progress made, the many conferences
involving the City of Hallandale, the Broward County Erosion
Prevention District, the Bureau of Beaches and Shores of the Depart-
ment of Natural Resources, and the owners of upland property affected
by erosion, represented by Mr. Crouch. The problem was that the
city had not been able to contract for placement of sand on the
public beach - which the director felt should be accomplished before
the Trustees exchanged instruments to clarify the upland owners'
titles .
On October 7, 1959, the Trustees approved issuance of disclaimers
to The Hemispheres Development Corporation and Jack Parker Construc-
tion of Florida Corporation No. 2. On March 10, the Board approved
disclaimer to Development Corporation of America (La Mer, et al)
subject to the sand placement condition. Other owners involved
were as follows: (1) Security Management Corporation and Sol Berger,
(2) Acmar Engineering Corporation, (3) Arlen Two Company, (4) Leisure
Colony Management Corporation and Debussy Realty Company N. V., and
(5) Dakar Investment Corporation. All had contributed funds,
executed quitclaim deeds naming the Trustees as grantee to the lands
lying seaward of the bulkhead line for a public beach, and had
granted public easements to the beach area. The owners had done
everything they could or were called on to do; however, exchange
of instruments was not recommended by the director until the sand
was forthcoming for the public beach.
3-17-70
- 618 -
Mr. Crouch spoke of the coordination of all parties involved, the
work over a period of more than a year, the fact that several
owners were in the process of construction and needed determination
of title status (other owners' need not urgent until their construc-
tion began) . Efforts had been made to find a source of sand and a
contractor equipped to do the work. Mr. Crouch said the owners were
entitled to restore the eroded areas, and unless they were allowed
to proceed the city might lose their cooperation in the project.
Mr. Faircloth thought the members understood the problem, that
placement of sand was an engineering feasibility, that the owners
had acted in good faith. It appeared that the city also had acted
in good faith and Mr. Christian suggested that the city should assure
the Trustees that they would proceed to provide the sand as soon as
possible .
Mayor Russ Wilson and Mr. Duncan Britt, P. E., consultant for the
city and the Erosion District, further explained the difficulties
encountered in securing sand under the project budget limitations.
But the Trustees were assured that the addition of 4,000 feet of
public beach lying in front of the private owners, with access
easements, was the goal sought, if it was in any way possible.
Mr. Crouch urged approval for the owners to proceed to place their
sandbag revetments, complete the exchange of instruments, and
restore what they had lost by erosion - in return for the owners'
money placed in escrow with the city, quitclaim deeds to the Trustees,
and access easements to be given to the city immediately.
Mr. Christian suggested approval, and Mr. Dickinson said the owners
needed some alleviation from the conditions imposed.
Mr. Williams made a motion, suggested by the Attorney General, that
the Trustees require the City of Hallandale to submit a resolution
pledging in good faith to proceed with all energy and resourcefulness
to build the public beach as agreed to by all parties. Upon receipt
of such resolution from the city, deeds from the owners to the
Trustees, and easements to the city for access to the public beach,
the Trustees agreed to issue the disclaimers to the lands lying
landward of the revetment line and seawall as heretofore established
and agreed also to issue fill permits to the upland owners to fill
the areas landward of the revetment line. Mr. Williams' motion
encompassing these things was seconded by Mr. Christian and adopted
without objection.
TRUSTEES OFFICE - Motion was made by Mr. Williams, seconded by Mr .
Christian and adopted without objection, that the staff be authorized
to disseminate the following information to all field personnel:
Aquatic vegetation along the shores of fresh water lakes,
rivers and streams may be mowed or removed by the riparian
upland owner without the necessity of obtaining a state
permit subject to the following conditions:
1. No trees or woody plants will be removed from the
area offshore from the ordinary high water line.
2. The use of draglines, front end loaders, scrapers
or other mechanical motor driven earth moving
machinery is prohibited.
3. The alteration of the bottom configuration of the body of
water in which work will be done is expressly prohibited.
3-17-70
- 619 -
4. State permits are required for all other works in or along
the shores of fresh water lakes, rivers and streams.
BREVARD COUNTY - File No. 24269(1749-05-253.124), Dredge and Fill
Permits, Sections 253.123 and 253.124 Florida
Statutes.
Oakland Consolidated Corp., represented by J. Lewis Hall, Jr.,
attorney, requested reconsideration of dredge and fill permit
approved by the Board of County Commissioners of Brevard County on
February 22, 1968, issued by Brevard County Engineers Office on March
1, 1968, and denied by the Trustees on March 12, 1968. The applicant
had modified the project in such a manner as to accomplish all
dredging except a navigational access channel within the limits of
the submerged land ownership.
The pending litigation had been amended so as to exclude many of the
original issues. In view of this, the Trustees' general counsel
and the Assistant Attorney General who was co-counsel in this cause
recommended settlement by issuance of the permit in accordance with
the stipulation previously furnished the Board.
Motion was made by Mr, Dickinson, seconded by Mr. Christian and adopted
without objection, that the Trustees approve settlement as recommended
by legal counsel.
NASSAU COUNTY - Dredge Permit, to Improve Navigation - File 474.
At the suggestion of the Director, the Trustees removed from the
agenda an application from Interpace Corp. for a channel in Section
46, Township 2 North, Range 28 East, Nassau County.
PALM BEACH COUNTY - Dredge Permit, to Improve Navigation,
Section 253.123 Florida Statutes.
On motion by Mr. Christian, seconded by Mr. Williams and adopted
without objection, the Trustees approved application of Perry
Submarine Builders of Riviera Beach, Florida, for a permit to dredge
a channel 9 ft. deep, 77 ft. wide and 200 ft. long in Section 27,
Township 42 South, Range 43 East, Lake Worth, Palm Beach County,
The material would be placed on applicant's upland, and the
biological report was not adverse.
CHARLOTTE COUNTY - Dredge Permit, Section 253.123 Florida Statutes,
File 232.
On motion by Mr. Williams, seconded by Mr. Dickinson and adopted
without objection, the Trustees accepted payment of $310 from date
E. Kesselring for 3,100 cubic yards of material removed in excess
of the amount authorized under Permit No. 253.123-232. The material
removed was placed on the applicant's property.
DUVAL COUNTY - Dredge Permit, Utility Installation, Section 253.123
(2)(b), Florida Statutes.
Cowart Brothers, Inc., represented by Walter J. Parks, Jr.,
submitted $100 processing fee for a permit to dredge to install a
sewer outfall pipe in Section 14, Township 1 South, Range 26 East,
in the Trout Tiver, Duval County.
The biological report was not adverse. The applicant already had
the approval of the Department of Air and Water Pollution Control.
3-17-70
- 620 -
It was noted that treated sewage was involved, to go into the Trout
River and on into the St. Johns River.
Attorney General Faircloth asked about proposed legislation to raise
the standards to prevent pollution, the Director advising that the
staff had not worked on it but such legislation was to be proposed.
Motion was made by Mr. Cihristian, seconded by Mr. Williams and
adopted, that the permit be approved. Mr. Faircloth voted "No"
until the Legislature had an opportunity to reexamine the standards
under which permits are issued to be sure there will be no further
pollution of the St. Johns River.
PALM BEACH COUNTY - Dredge Permit, Utility Installation,
Section 253.123 Florida Statutes.
On motion by Mr. Dickinson, seconded by Mr. Christian and adopted,
the Trustees approved the application from Southern Bell Telephone
and Telegraph Company, represented by C. E. Newman of Mieimi, Florida,
to dredge to install a submarine telephone cable in Section 6,
Township 41 South, Range 43 East, Intracoastal Waterway (Loxahatchee
River) in Palm Beach County. The application was on file prior to
the adoption of policy requiring $100 processing fee for such permits,
The biological report was not adverse and staff recommended approval.
On motion by Mr. Dickinson, seconded by Mr. Christian and adopted,
the Trustees approved issuance of the requested permit.
SHELL LEASE REPORT - The Trustees accepted for the record the report
showing the following remittances to Florida Department of Natural
Resources from holders of dead shell leases:
Lease No. Name of Company Amount
1718 Radcliff Materials, inc. $ 8,712.67
1788 Benton and Company, inc. 20,638.27
2233 Bay Dredging and Construction Co. 5,619.40
PASCO COUNTY - Land Exchange, Section 253.42 Florida Statutes.
Swartsel Properties, Inc., represented by Sam Y. Allgood, Jr.,
attorney, requested an exchange of instruments for the purpose of
clearing title to uplands and submerged lands in Section 34, Town-
ship 26 South, Range 15 East, Pasco County. The applicant will
convey 23.33 acres of marsh land and the Trustees will disclaim
interest in 14.38 acres of land lying outside the meander line,
representing a gain of 8.95 acres to the state land inventory.
The exchange resulted from negotiations between the staff and the
applicant in conjunction with the Trustees' approval of a bulMiead
line on March 10, 1970.
On motion by Mr. Dickinson, seconded by Mr. Williams and adopted
without objection, the Trustees approved the exchange of instruments
recommended by the staff.
BREVARD COUNTY - Contract No. 24210(1666-05-253.12)
On July 27, 1965, the Trustees confirmed sale of a 1.3 acre parcel
of sovereignty land in the Indian River abutting Section 10, Township
22 South, Range 35 East, Brevard County, to Raymond W. Collins,
3-17-70
- 621 -
et ux. Under policies effective when the sale was confirmed, the
applicants entered under a contract to purchase which was fully
paid as of February 6, 1970, and they were now entitled to a deed.
In accordance with recommendations of the Department of Legal
Affairs, reconfirmation was requested due to the present statutory
requirement that at least five of the seven Trustees vote on the
matter.
On motion by Mr. Dickinson, seconded by Mr. Williams and adopted
without objection, the Trustees reconfirmed the sale and authorized
issuance of the deed.
DUVAL COUNTY - File No. 2308-16-253.12(6), Quitclaim Deed.
Staff recommended issuance of quitclaim deed for $200 to Mildred M.
Ripley, et al, covering a filled parcel of sovereignty land contain-
ing 0.12 acre in the St. Johns River abutting Section 38, Township
3 South, Range 26 East, Duval County, filled prior to June 11, 1957.
All required exhibits were furnished.
Sovereignty lands in the vicinity were sold by the Trustees in 1959
for $300 per acre which would make the value of the small parcel
$36. Applicant offered $200, or a value of $1,667 per acre.
On motion by Mr. Dickinson, seconded by Mr. Williams and adopted
without objection, the Trustees authorized issuance of the quitclaim
deed for $200.
PINELLAS COUNTY - File 2307-52-253.129, Disclaimer.
Staff recommended issuance of ex parte disclaimer for $100 processing
fee to Waldense D. Malouf, et al, covering a parcel of sovereignty
IcLid filled by the developer of Sutherland Subdivision prior to May
29, 1951, embracing 1.5 acres in Sutherland Bayou abutting Section
2, Township 28 South, Range 15 East, Pinellas County. The Board of
County Commissioners of Pinellas County by resolution had vacated
parts of streets in the subdivision. Purpose of the disclaimer was
to clear title to the half of streets abutting upland lots in the
subdivision. All required exhibits had been furnished.
On motion by Mr. Conner, seconded by Mr. Dickinson and adopted, the
Trustees authorized issuance of ex parte disclaimer.
ORANGE COUNTY - Disclaimer.
Staff recommended issuance of an ex parte disclaimer, requested by
Ned N. Julian, Jr., representing the First Baptist Church of Oviedo,
Inc., disclaiming any interest of the Trustees in the SW^ of SW^j of
Section 10, Township 21 South, Range 31 East, arising out of Deed
No. 5488-A, in order to clear a title question caused by the dee'd
not showing a section number. The property was conveyed by the
Trustees in Deed No. 5488-A to George C. Powell on December 4, 1868,
and the record of the deed in the public records of Orange County
did not reflect the section designation. Although it apparently
was not the custom of the Land Office to retain copies of deeds
issued in the i860' s and 1870 's, other evidence in the records
clearly indicated Section 10 was conveyed by Deed No. 5488-A and
the omission of section number was apparently a clerical error.
On motion by Mr. Dickinson, seconded by Mr. Conner and adopted
without objection, the Trustees authorized issuance of the ex parte
disclaimer .
3-17-70
- 622 -
DADE COUNTY - Sand Lease. On December 16, 1969, the Trustees considered
request from Des Rocher Sand Company for 2-year renewal of commercial
sand lease No. 2316 and deferred action, granting temporary 90-day
extension during which time an updated review of the royalty could be
made. Staff appraiser submitted a report recommending an increase
from 18<: to 22<? per cubic yard royalty to be paid to the Trustees.
The lease covered three dredging areas, two being small and in the
general vicinity of Fisher Island, dredged by the lessee only in
times of adverse weather conditions offshore where the larger area
was located southeasterly of Cape Florida. The area in the Atlantic
was within aquatic preserve A-12 and had been continuously dredged
for sand since 1949. The Bureau of Beaches and Shores of the Depart-
ment of Natural Resources had no objection to renewal of the lease.
On motion by Mr. Williams, seconded by Mr. Dickinson and adopted
without objection, the Trustees authorized renewal of the commercial
sand lease for an additional 3-year period with provision for 90-day
notice of cancellation and a $5,000 performance bond, consideration
to be 22<: per cubic yard for sand removed.
DUVAL COUNTY - Jacksonville Port Authority. On motion by Mr.
Dickinson, seconded by Mr. Conner and adopted without objection, the
Trustees authorized formal request to be made to Jacksonville Port
Authority to reconvey portions of "Back River" lying within Blount
Island, for the purpose of conservation of marine biological resources
to be achieved through prevention of any dredging or filling in the
area.
PALM BEACH COUNTY - The Trustees removed from the agenda an item on
an addendum referring to Temporary Spoil Easement 2182-A for Port of
palm Beach harbor maintenance.
REFUNDS - Murphy Act Lands. On motion by Mr. Dickinson, seconded by
Mr. Williams and adopted, the Trustees authorized the following
refunds:
(1) $15 refund to James W. Pritchard, who had withdrawn his
application for release of state road right of way reserva-
tion in Dade County Murphy Act Deed No. 1241
(2) $10 refund to Johnie A. McLeod, being the balance of a refund
due because the Department of Transportation did not recommend
release of a state road right of way reservation. A portion of
the refund to the applicant was approved by the Trustees on
February 17, 1970.
On motion duly adopted, the meeting v;as adjourned,
^
-^.^.j/^ /a^c^
Attorney General - Acting Chairman
Attest:
* * *
3-17-70
- 623 -
Tallahassee, Florida
March 24, 1970
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:
Earl Faircloth Attorney General, Acting Chairman
Fred 0. Dickinson, Jr. Comptroller
Floyd T. Christian Commissioner of Education
Doyle Conner Commissioner of Agriculture
James W. Apthorp Executive Director
Minutes of the meeting held on March 17 were approved as submitted.
PINELLAS COUNTY - Bulkhead Line, Section 253.122 Florida Statutes.
The Pinellas County Water and Navigation Control Authority on
November 18, 1969, and February 17, 1970, relocated and fixed a
bulkhead line along the east shore of St. Joseph Sound in Sections
28 and 34, Township 28 South, Range 15 East, in the City of Dunedin,
Florida. All required exhibits were furnished. There were several
objections at the local hearings and proponents and opponents were
present on this date. Staff recommended approval.
The biological survey report on the revised bulkhead line stated
that because of the water conditions currently existing in the area,
development inside the bulkhead line using trucked-in fill should
have only limited adverse effects on marine biological resources.
As background information, the Director pointed out on a map the
existing bulkhead line, the line as relocated by the Authority, areas
extending into St. Joseph Sound previously conveyed in 1926, and
property owned by the various interested parties.
Mr. H. H. Baskin, Jr., representing George Mallory, endorsed the
line and asked the Board to consider an application to fill, purchase
and seawall that had been filed concurrently with the Pinellas
Authority and the Trustees, or to agenda the application for an
early hearing.
Mr. James A. Park also endorsed the revised bulkhead line, stating
that although it greatly limited the submerged land in front of his
property that might have been filled, he was more concerned about
having a beautiful view and was not concerned at this time about
filling .
Opponents of the relocated bulkhead line, Mr. Nelson M. Tyrrell and
Mrs. Stella N. Tyrrell, protested that they owned only a small
homesite whic'a they would be unable to extend when Edgewater Drive
was widened, that the County Commission should have practiced conser-
vation all along the shoreline and not in front of his small owner-
ship while allowing his neighbors to the north to erect highrise
buildings. He asked the Board to allow him to purchase and fill a
small parcel on which his home could be moved when the road was
widened. He had appeared at the local hearings with his objections.
It was pointed out that highway widening would be at an uncertain
date in the future, that the owner could receive relief through
the court in the event his small homesite was needed for the road.
3-24-70
- 624 -
The Director commented that since the conservation report was
adverse to filling beyond the proposed relocated line, there was
little likelihood that purchase or fill applications would be
approved .
Mr. Christian and Mr. Dickinson asked a number of questions and
expressed sympathy with the Tyrrel's situation, but pointed out that
the Trustees had authority only to approve or reject the bulkhead
line; and the line rejected before and sent back to the county had
now been returned by the county for approval. Mr. Dickinson said it
placed these land owners in an extremely difficult situation.
On Mr. Baskin's request for consideration of the Mallory application,
it was decided that the Director would place it on an agenda for an
early hearing in the regular manner.
Motion was made by Mr. Christian and adopted on a vote of three to
one, with Mr. Dickinson voting "No", that the Trustees approve the
bulkhead line as relocated and fixed by the Pinellas County Water
and Navigation Control Authority in the City of Dunedin along the
east shore of St. Joseph Sound in Sections 28 and 34, Township 28
South, Range 15 East, Pinellas County.
MONROE COUNTY - File No. 2123-44-253.12, Application to Advertise.
Mr. James T. Glass, on behalf of William S. Clark, applied to purchase
a parcel of sovereignty land in Largo Sound abutting Section 14,
Township 51 South, Range 39 East, 0.08 acre at Key Largo, Monroe
County, in order to construct a small jetty into Largo Sound to
protect a boat basin constructed on the applicant's upland.
The biological report was not adverse. Staff recommended advertise-
ment for objections only, appraisal to be secured.
On motion by Mr. Christian, seconded by Mr. Dickinson and adopted,
the Trustees authorized advertisement of the parcel for objections
only.
MONROE COUNTY - File No. 2294-44-253.12, Application to Advertise.
Mr. James T. Glass, on behalf of Dr. Herbert S. Zim, applied to
purchase a parcel of sovereignty land in the Straits of Florida
abutting Section 18, Township 53 South, Range 38 East, 1.3 acres at
Plantation Key in Monroe County, in order to clear title to improve-
ments within the parcel that were constructed by a prior owner in
1954 and also to reconstruct breakwaters to protect an existing
boat basin.
The biological survey report was adverse. Applicant reduced the
application area from 4 acres to 1.3 acres, and staff recommended
advertisement with appraisal to be secured.
On motion by Mr. Christian, seconded by Mr. Dickinson and adopted
without objection, the Trustees authorized advertisement for objec-
tions only.
MONROE COUNTY - File No. 2083-44-253.12, Application to Advertise.
Mr. James T. Glass, on behalf of Howard M. Post, applied to purchase
a parcel of sovereignty land in the Atlantic Ocean abutting Section
21, Township 50 South, Range 40 East, 1.52 acres at Key Largo in
Monroe County. Applicant desired to construct a boathouse on
pilings and control access into a boat basin.
The biological survey report had been adverse when the application
3-24-70
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was on the agenda of May 7, 1968, and action v/as deferred for
additional information. The area to be purchased was reduced from
5.73 acres to 1.52 acres in accordance with the staff's request,
and advertisement of the smaller parcel was recommended.
On motion by Mr. Christian, seconded by tAr . Dickinson and adopted
v/ithout objection, the Trustees authorized the 1.52 acre parcel to
be advertised for objections only.
DUVAL COUNTY - File No. 2120-16-253.12, Application to Purchase.
Mr. Langdon M. Lockwood, et ux, applied to purchase a parcel of
sovereignty land in the St. Johns River abutting Section 41, Township
2 South, Range 27 East, in the City of Jacksonville, Florida, Duval
County, containing 4.41 acres for which the applicant offered $100
per acre .
The biological survey report dated March 6, 1970, stated that
approval of the application would not have significant adverse
effects on marine biological resources. However the Interagency
Advisory Committee recommended that the bul};head line be relocated
at the line of mean high water, and the City of Jacksonville advised
that the bulkhead line would be re-established at mean high water
line or as near as feasible.
The staff recommended denial of the application and refund of the
$50 application fee, and had notified Mr. Lockwood who was present
on this date. He said he had owned and lived on the property for
nearly twenty-five years and began work on his application in 1961,
that he applied about one and one-half years ago and paid $75 appli-
cation fee, had plans drawn and made options to the adjoining
property involving an eight million dollar project. Mr. Lockwood
said he recently heard of the City of Jacksonville intention to
amend the bulkhead line, and protested that one end of his property
had been washed off as a result of the construction of Matthews
Bridge. After further discussion, a man from Gainesville, one of
the developers, requested that the Trustees table the application
and allow it to be revised. It appears that the intended use would
not require purchase of four acres.
Motion was made by Mr .Christian, seconded by Mr. Dickinson and
adopted without objection, that the application be deferred for
possible revision by the applicant and consideration by the Board
at another meeting. Mr. Faircloth said he would not favor any sale
of the St. Johns River bottoms, certainly not at $100 per acre.
BREVARD. MARTIN. PALM BEACH. ST. JOHNS. AND VOLUSIA COUNTIES.
DREDGE PERMITS - Utility Installation, Section 253 .123 (2) (b) .
On motion by Mr. Christian, seconded by Mr. Dickinson and adopted
without objection, the Trustees approved the following applications
upon recommendation of the staff that dredge permits be issued:
1. Florida Power and Light Company applied for permission to
dredge to install a power cable in Section 28, Township 29
South, Range 38 East, Indian River, Brevard County, for which
the $100 processing fee was tendered and the biological
report was not adverse.
2. Southern Bell Telephone and Telegraph Company applied for
permission to dredge to install a submarine cable in Section
4, Township 38 South, Range 41 East, Krueger Creek in Martin
County, for which the $100 processing fee was tendered and
the biological report was not adverse.
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3. The Department of Transportation applied for permission to
dredge to install a submarine cable in Section 27, Township 44
South, Range 43 East, Lake Worth in palm Beach County. The
Board v;aived requirements for a processing fee and a biological
survey report.
4. Southern Bell Telephone and Telegraph Company applied for
permission to dredge to install a submarine cable in Section
12, Tov/nship 7 South, Range 27 East, San Sebastian River in
St. Johns County, for which the $100 processing fee was paid
and the biological survey report was not adverse.
5. Southern Bell Telephone and Telegraph Company applied for a
dredge permit to install a submarine cable in Section 35, Town-
ship 17 South, Range 29 East, St. Johns River in Volusia County,
for which the $100 processing fee was paid and the biological
survey report was not adverse.
FLAGLER COUNTY - Dredge Permit, to Improve Navigation,
Section 253.123 Florida Statutes.
On motion by Mr. Christian, adopted without objection, the Board
authorized issuance of a dredge permit to Marineland, Inc., for
connection of a marina to the Matanzas River (Intracoastal Waterway)
in Section 37, Township 10 South, Range 31 East, Flagler County. The
material removed would be placed on applicant's upland. The biologi-
cal report was not adverse.
VOLUSIA COUNTY - Dredge Permit, to Improve Uplands,
Section 253.123 Florida Statutes, File 431.
Staff recommended approval of an application from Thomas G. Hall to
dredge 2,300 cubic yards of material from the Halifax River in Section
37, Township 16 South, Range 34 East, Volusia County. The material
would be placed on applicant's upland property. The conservation
report was not adverse.
On motion by Mr. Conner, seconded by Mr. Dickinson and adopted, the
Trustees approved the application for dredging fill material for
$230 payment.
ST. LUCIE COUNTY - Dock Permit Navigational Beacons,
Section 253.03 Florida Statutes.
On motion by Mr. Didc inson, seconded by Mr. Christian and adopted,
the Trustees waived the requirement of $100 processing fee and
authorized permit issued to the City Commission of Fort Pierce for
installation of navigational daybeacons in the Indian River south of
State Road 162 in Section 3, Township 35 South, Range 40 East, in
St. Lucie County.
TRUSTEES RULE CHANGE - Implements Section 253.03, 253.123 F. S.
Dredging for navigational purposes; applications for permits.
On motion by Mr. Dickinson, seconded by Mr. Christian and adopted
without objection, the Trustees adopted the following rule change
which requires a processing fee heretofore not required, defines a
standard navigation channel, and provides for public agencies to
acquire permits on behalf of private contractors in connection
with public projects:
In conjunction with public works, public agencies, governmental
bodies and other public entities may apply on behalf of private
3-24-70
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contractors for navigational dredging permits; such permits
will issue directly to the contractors. A non-refundable
processing fee of $50 payable to the Trustees, and a fee of
$100 payable to the Department of Natural Resources for a
biological report, must accompany an application.
A standard private navigational channel is considered as 5 feet
deep, mean low water, by 50 feet v/ide, by a length required
to reach the minus-five foot mean low water elevation contour.
Those channels proposed to be dredged over standard dimensions
will require advance payment computed at the rate of 10<;: per
cubic yard for each cubic yard of overage to be removed
from proposed channel.
Applications for permit must indicate names and addresses of
riparian upland owner, neighbors contiguous to applicant's
uplands, location of area by section, township and range, name
and business address of dredging contractor and type of equip-
ment proposed to be used in the project. A performance bond
may be required to be executed by dredging contractor in favor
of Trustees at Trustees' discretion. Deviation from proposed
plan of dredging is sufficient grounds for Trustees to require
payment of bond.
LEGISLATION - The Director had furnished each Board member a brief
summary of eight bills revising Chapter 253, which had been prepared
and reviewed with staff members of the Trustees. It had not been
understood that action would be taken at this time and postponement
was suggested. Mr. Dickinson expressed concern that it would abolish
emergency relief.
Without objection, the Trustees postponed action on the proposed
legislation being developed by the staff.
LEON COUNTY - Capitol Center Property. With reference to the
Executive Office Building at 908-910 South Bronough Street, Tallahas-
see, purchase of which would probably be finalized about April 1,
the staff requested authority to enter into an agreement with the
Department of General Services to supervise the rental and to perform
all other necessary functions for renting the space in the building
to other state agencies, including collection of rent, maintenance
and janitorial service.
On motion by Mr. Christian, seconded by Mr. Dickinson and adopted
without objection, the staff request was approved.
CLAY COUNTY - Lease Renewal. The Armory Board for many years had
leased from the Board of Education the NW^ of NE^ and NW^ of Section
16, Township 7 South, Range 23 East, containing 200 acres, more or
less, in Clay County. The Armory Board requested renewal of lease
of the tract, which is within the Camp Blanding Reservation and is
utilized for military purposes under expired Lease No. 1305-S.
Issuance of a new lease was approved on this date by the Board of
Education.
On motion by Mr. Dickinson, seconded by Mr . Christian and adopted
without objection, the Trustees authorized issuance of a new lease
to the Department of Military Affairs for 99 years without monetary
consideration, lease to be issued by the Trustees who now hold
title pursuant to Section 253.03 Florida Statutes, as amended by
Chapter 67-2236, Laws of Florida.
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SANTA ROSA COUNTY - Assignment of Oil Lease.
On motion by Mr. Dickinson, seconded by Mr. Christian and adopted
without objection, the Trustees approved assignment of Oil and Gas
Drilling Lease No. 2338 covering 47,932 acres of sovereignty land in
East Bay, Blackwater Bay and Escambia Bay, from J. Melvin Young,
Arden Anderson and Philip D. Beall, to the Getty Oil Company.
Instrument of assignment by assignee had been reviewed and approved
by staff legal counsel.
WASHINGTON COUNTY - Easement for Road Right of Way.
On motion by Mr. Conner, seconded by Mr. Dickinson and adopted
without objection, the Trustees authorized issuance of an easement
to the Department of Transportation embracing 1.14 acres of land in
Section 11, Township 4 North, Range 16 West, Washington County, for
use in construction and maintenance of State Road 8 (I-IO) .
The Division of Adult Corrections reviewed and approved the easement
for right of way over the parcel presently being used by the said
Division as the Caryville Road Prison Camp.
DADE COUNTY - Key Biscayne Golf Course.
Mr. John McCue, Director of Public works of Dade county, was present
representing the County Commission, thinking that the agenda listed
their application for approval of permit for construction of Key
Biscayne Golf Course. The Director said the staff would place it
on the agenda next week.
Mr. McCue described plans to construct a public professional golf
course within county-owned park property on the island of Key
Biscayne, some of which must be filled to accommodate the plan.
He said they had made the utmost effort to cooperate with the
Department of Natural Resources and the Trustees' staff to preserve
as much mangrove vegetation as possible, in fact using it as a
feature of the layout, would use an upland borrow pit, all filling
would be within the bulkhead line and no dredging done outside the
bulkhead line. Maps were left with the Director for display next
week.
DADE COUNTY - Mean High Water Line at Miami Beach.
Mr. D. P. S. (Dan) Paul, an attorney from Miami, on January 13, 1970,
called attention to an alleged encroachment on state sovereignty
land in Miami Beach. On this date at the Department of Natural
Resources meeting he protested issuance of a permit for placing
fill material as beach nourishment at the same site.
Mr. Paul requested the Trustees to authorize its special counsel,
Mr. Neil Rutledge, to file immediately a bill for declaratory decree
against the City of Miami Beach and the Maison Grande' construction
project to determine exactly where the public foreshore is, to
preserve the public beach. As a tax payer and home owner, Mr. Paul
had done research on the problem, felt that Miami Beach was the
most flagrant case, and said it would take a court proceeding.
The Director said Mr. Rutledge represented the Trustees as special
counsel in the Coastal Petroleum matter and was not available
generally. This would be a matter in which other agencies
concerned with the public beaches should join with the Trustees,
in the opinion of Mr. Apthorp. who said that an investigation and
report had been made on the Maison Grande' construction which was
shown to be above the line of mean high water as it exists today.
3-24-70
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The Department of Natural Resources had granted the permit mentioned
above with the stipulation suggested by Mr. Faircloth that such
action in no way conceded the location of the high water mark or
title to sovereignty land. in the course of further discussion,
Mr. Dickinson pointed out the value of the Miami Beach land, the
need to avoid pitfalls in the future of the private land owner and
more importantly, the rights of the public to have the matter finally
and legally determined.
Mr. Paul expressed the issue as being the proper method of determin-
ing the mean high water mark, as the present formula was not
preserving any foreshore or beaches for the public. A judicial
decree like the Oregon case was needed, he said, and time was of the
essence.
Motion was made by Mr. Dickinson, seconded by Mr. Christian and
adopted without objection, that the Trustees through the direction
and counsel of the Attorney General join with the proper parties to
pursue the matter toward filing a suit for declaratory decree to
properly determine the mean high water line. Mr. Faircloth said he
would secure the recommendation of the legal staff of the Trustees.
Mr. Christian said the motion was to include the other agencies for
their technical advice; and Mr. Dickinson added that it might be that
as Attorney General for the State of Florida, the suit might not have
to include other agencies, that the Attorney General would determine
and report back to the Trustees before filing any suit.
On motion duly adopted, the meeting was adjourned,
..^y^x.. ..
ATTORNEY GENERAL - ACTING CHAIRMAN
ATTEST: )\fiAA/Jl\
* * *
Tallahassee, Florida
March 31, 1970
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:
Tom Adams Secretary of State, Acting Chairman
Earl Faircloth Attorney General
Floyd T. Christian Commissioner of Education
Doyle Conner Commissioner of Agriculture
James W. Ap thorp Executive Director
On motion duly adopted, the Trustees approved minutes of the meeting
held on March 24 subject to addition of the word "private" in the
rule chamge defining a standard private navigational channel.
3-31-70
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BREVARD COUNTY - File No. 1990-05-253.12(5), Application to Advertise.
Walter C. Shepard, representing Eddie D. Thomas, applied to purchase
a parcel of filled sovereignty land in the Indian River abutting
Section 21, Township 29 South, Range 38 East, 0.577 acre, betv/een
upland owned by the applicant and the existing mean high water line
of Indian River in Brevard County. Applicant offered the appraised
value, to be determined.
The land was filled during construction of State Road 5 (U. S. No. 1)
and applicant retained riparian rights by granting an easement to the
State Road Department.
On motion by Mr. Faircloth, seconded by Mr. Christian and adopted,
the Trustees authorized advertisement for objections only.
GLADES COUNTY - File Nos . 2301 and 2302-22-253.36, To Be Advertised.
Staff recommended advertisement of two applications for reclaimed
land outside the Hoover Dike at Lake Okeechobee. Mr. Apthorp said
the Board had had a moratorium on the sale of any reclaimed lake
lands until the appointment of an advisory committee, which had been
done. The lands were separated from the lake by the dike, and after
ascertaining that there was no public use for the land in this
instance, staff recommended sale to the adjacent farmers and upland
owners. Appraisals would be secured.
File No. 2301-22-253.36. Fred E. Click, representing J. R. Click,
applied to purchase a 4.39 acre parcel of reclaimed lake bottom in
Lake Okeechobee lying between the 17 ft. contour line and the right
of way of Levee L-50 in unsurveyed Section 24, Township 40 South,
Range 32 East, Glades County.
File No. 2302-22-253.36. Fred E. Click, for S. D. Dewell, applied
for 1.77 acre parcel of reclaimed lake bottom land in Lake Okeecho-
bee lying between the 17 ft. contour line and the right of way line
of Levee L-50 in unsurveyed Section 24, Township 40 South, Range 32
East, Glades County.
Mr. Adams noted that the land was adjacent to the upland, with the
dike lying between it and the lake. The Director said much of the
reclaimed land had been sold by the Trustees, and occasionally some
used for a county or state purpose.
On motion by Mr. Faircloth, seconded by Mr . Christian and adopted,
the Trustees authorized advertisement for objections only, of the
two parcels applied for by Mr. Click and Mr. Dewell.
LEE COUNTY - File No. 2243-36-253.12, Application to Advertise.
William L. Graddy, on behalf of Walter C. Groff, et ux, applied to
purchase a 0.42 acre parcel of filled sovereignty land in the tidal
basin of Charlotte Harbor abutting Section 23, Township 43 South,
Range 20 East, Lee County, in order to clear the title to lots that
were filled by the developer of the subdivision and predecessor in
title. Applicant offered $1000 per acre, and appraisal will be
secured by the staff.
The biological report was not adverse, the bulkhead line closely
followed the line of mean high water. The parcel had been filled
to the bulkhead line approved by the Trustees on June 17, 1969,
under a permit from the Trustees; however it had developed that the
party did not have title to the land that had been conveyed to a
third party.
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On motion by Mr. Christian, seconded by Mr. Faircloth and adopted,
the Trustees authorized advertisement for objections only.
SARASOTA COUNTY - File No. 1945-58-253.12, Application to Advertise.
Robert M. Johnson, on behalf of Mcurio M. Lucci, applied to purchase
a parcel of sovereignty land in Blackburn Bay zQjutting Section 22,
Township 38 South, Range 18 East, 0.046 acre at Casey Key, Sarasota
County, in order to obtain clear title to sovereignty land upon
which a house encroached. The appraiser reported a value of $557
for the sovereignty land and $398 for the improvement, or a total
of $950 for the parcel.
The Trustees on March 26, 1968, approved the bulkhead line as
relocated away from the mean high water line, enclosing the land on
which the house on pilings existed. Other bulkhead lines in Sarasota
County were at or near the mean high water line. The Interagency
Advisory Comnittee reaffirmed the relocated bulkhead line. The
biological report was not adverse, noting that no dredging or filling
was intended, only ownership of the submerged land under or around
the house. Applicant modified the application area from 0.17 to
0.046 acre to conform to the relocated bulkhead line.
On motion by Mr. Faircloth, seconded by Mr. Christiem and adopted,
the Trustees authorized advertisement of the parcel for objections
only.
MANATEE COUNTY - File No. 2313-41-253.03, Dedication Advertisement.
The National Audubon Society, represented by Myron G. Gibbons,
requested dedication of approximately 57 acres of sovereignty land
in Terra Ceia Bay abutting Bird Key in Township 34 South, Range 17
East, Manatee County. On December 2, 1969, the Trustees agreed to
the dedication provided title to the key was obtained. The Society
now owns Bird Key and the area requested lies within 400 feet of the
key, will be used as a buffer zone in connection with a bird sanctuary
on the key, and staff recommended advertisement for objections only.
Mr. Apthorp said there should be a reverter clause in the dedication
in the event the Audubon Society should lose control of the key.
The former owner- of Bird Key had agreed to donate it as a bird
sanctuary, and the surrounding submerged land would be utilized
in management of the sanctuary.
Motion was made by Mr. Faircloth, seconded by Mr. Christian and
adopted without opposition, that the sovereignty land be advertised
for objections only.
MONROE COUNTY - File No. 2162-44-253.12 - Denial and Refund.
Staff recommended denial of the application from Jeunes T. Glass, on
behalf of Wilden F. Van Sweringen, for a parcel of sovereignty land
in Tarpon Basin abutting Section 22, Township 61 South, Range 39
East, 0.53 acre at Key Largo in Monroe County. The biological survey
report was adverse, and staff was of the opinion that the applicant
owned sufficient upland on which to construct a boat basin without
undue hardship. Applicant had been notified of the staff recommen-
dation.
Motion was made by Mr. Faircloth, seconded by Mr. Christian and
adopted without objection, that the Trustees deny the application
to purchase, and authorize deactivation of the file and refund of
$50 of the application fee.
3-31-70
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DADE COUNTY - Dredge and Fill Permit, Sections 253.123 and 253.124
Florida Statutes.
The Public Works Department of Metro Dade County requested approval
of permit issued by the Board of County Commissioners of Dade County
on March 11, 1970, by Resolution No. R-287-70, and approval for
dredging and filling on county-owned property on Key Biscayne lauid-
ward of the existing bulkhead line for the purpose of constructing
a public golf course. Mr. John McCue was present last week and on
this date with maps of the project planned to preserve substantial
areas of mangroves, as part of the landscape architectural design.
In addition, the county by Resolution No. R-289-70 had agreed to
leave approximately 40 acres of mangroves in natural state, for
protection and preservation.
The Director spoke of the coxinty research on propagation and growth
of mangroves, with the assistance of the Fairchild Tropical Garden.
Material for filling would come from interior waterways. Mr. McCue
said it would be a county owned and operated golf course, a public
recreation facility.
On motion by Mr. Christian, seconded by Mr. Faircloth and adopted
without objection, the Trustees approved the application for dredge
and fill permit for the construction of Key Biscayne Golf course by
the Piiblic Works Department of Metro Dade County.
SARASOTA COUNTY - Dredge Permit, To Improve Navigation,
Section 253.123 Florida Statutes.
Sarasota County Water and Navigation Control Authority issued a
dredge permit in Little Sarasota Bay in Section 18, Township 37
South, Range 18 East, Sarasota County, to Panora Corporation to
dredge a 30 ft. wide by 40 ft. long entrance channel and to scour
out an existing boat basin, subject to Trustees' approval.
The material removed would be placed against an existing seawall
above mean high water line for a berm to protect the seawall. Appli-
cant had amended his application in accordance with recommendations
in the biological survey report, which was not adverse.
On motion by Mr. Faircloth, seconded by Mr. Christian and adopted
without objection, -the Trustees authorized issuance of the permit.
SARASOTA COUNTY - Dredge Permit, To Improve Navigation,
Section 253.123 Florida Statutes.
Sarasota county Water and Navigation Control Authority issued a permit,
subject to Trustees' approval, to James H. Whitlatch to dredge a
25 ft. wide and 40 ft. long connection channel in Little Sarasota
Bay in Section 18, Township 37 South, Range 18 East, Sarasota County.
The material removed would be deposited in a man-made boat basin
excavated on upland. The biological report was not adverse.
On motion by Mr. Christian, seconded by Mr. Faircloth and adopted
without objection, the Trustees authorized issuance of the permit.
MARTIN COUNTY - Dredge Permit, To Improve Navigation,
Section 253.123, File 462.
Henry Crane, represented by Cal Montgomery, applied for permit to
remove material adjacent to a seawall in Section 24, Township 38
South, Range 41 East, Manatee Pocket in Martin County. Applicant
tendered check for $150 as after-the-fact payment for a portion of
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the work which had already been performed. The biological survey
report was not adverse.
On motion by Mr. Faircloth, seconded by Mr. Conner and adopted, the
Trustees authorized issuance of the permit as recommended by the
staff.
ST. JOHNS COUNTY - Dredge Permit, To Improve Navigation,
Section 253.123 Florida Statutes.
St. Augustine Beach South Corporation, represented by Emmett W.
Pacetti, applied for permit for dredging a 50 ft. wide, 5 ft. deep
and 5,400 ft. long navigation channel adjacent to applicant's upland
in Section 27, Township 8 South, Range 30 East, Intracoastal Water-
way, St. Johns County. The material removed would be placed on
applicant's upland. The biological survey report was not adverse.
Motion was made by Mr. Faircloth to approve the application.
However, Mr. Adams asked that it be held a week as he had questions
regarding the requests for navigation channels. He noted that the
material removed was placed on upland without charge for the fill,
placing a heavy burden on the staff to determine if the application
was for navigation or for free fill material. The Director said it
was a question of policy as to whether the Board continued to allow
people navigational access to upland. He explained the particular
circumstances in this application, using the map furnished as an
exhibit. The Director expressed no strong feeling as to charging
for the material from navigation channels but said it might
discourage developers from digging the access channel, in which
event the individual owners' channels would damage more biological
marine resources. Secondly, it might encourage the deposit of
material on sovereignty land which could be damaging.
Without objection, the application was deferred for one week.
PUTNAI4 COUNTY - Dredge Permit, To Improve Navigation,
Section 253.123 Florida Statutes.
St. Johns Riverside Estates, Inc., represented by Emmett W. Pacetti,
applied for after-the-fact permit for connecting six canals to
Dunns Creek and two canals to the St. Johns River in Sections 29,
30, 31, 32 and 43, Township 10 South, Range 27 East, and in Section
37, Township 10 South, Range 27 East, Putnam County.
The Director said the work was done many years ago by the appli-
cant's predecessor, prior to 1967 when the Trustees began requiring
such permits, and out of an abundance of caution the applicant
desired to have a permit covering the work.
On motion by Mr. Conner, seconded by Mr. Faircloth and adopted,
the Trustees authorized issuance of after-the-fact permit.
BAY COUNTY - Dredge Permit for Water Supply Canal,
Section 253.123, File 455.
Marifarms, Incorporated, applied for permission to dredge a water
supply channel 47 ft. wide, 5 ft. deep and 523 ft. long in Warren
Bayou in Section 34, Township 2 South, Range 15 West, Bay County.
The material removed would be placed on a dike around the shrimp
impoundment area. The Director explained that the water supply
was needed for the area in the applicant's upland now being used
for raising shrimp, the water being pumped in and out.
The biological report was adverse but stated that changing the
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alignment would not lessen damage because the seagrass growth was
general in that area.
On motion by Mr. Christian, seconded by Mr. Conner and adopted
without objection, the Trustees approved the application.
DADE COUNTY - Dredge Permit, Utility Installation,
Section 253. 123 (2) (b) Florida Statutes, File 498.
On motion by Mr. Christian, seconded by Mr. Faircloth and adopted
without objection, the Trustees approved the application of Peoples
Gas System, North Miami, Florida, to dredge to install a gas main in
Biscayne Bay in Township 53 South, Range 42 East, Dade County, for
which the $100 processing fee had been paid and the biological survey
report was not adverse.
BROWARD COUNTY - Utility Installation, Section 253.03(7) F. S.
On motion by Mr. Christian, seconded by Mr. Conner and adopted
without objection, the Trustees approved the application of Southern
Bell, Miami, Florida, for permission to lay a cable loosely on the
bottom of North Fork of Middle River in Section 25, Township 49
South, Range 42 East, Broward County, for which the applicant had
tendered check for $100. No dredging was required.
MONROE COUNTY - Fill Permit, Section 253.03 Florida Statutes,
Breakwater Installation, Deed File No. 2151-44.
James L. Bell, represented by James T. Glass, applied for permit to
construct a breakwater on submerged land purchased under Trustees
Deed No. 25016, located in Section 15, Township 64 South, Range 36
East, Lower Matecumbe Key, Florida Bay, Monroe County.
The biological survey report was not adverse and the Bureau of
Beaches and Shores, Department of Natural Resources, had no objection
to the project.
On motion by Mr. Faircloth, seconded by Mr. Christian and adopted,
the Trustees authorized issuance of the permit.
PUTNAM COUNTY - Spoil Easement, File No. 2314-54-253.03.
The Putnam County Port Authority by resolution adopted March 10,
1970, requested a spoil easement embracing 145 acres in the St. Johns
River adjacent to Section 37, Township 9 South, Range 26 East, Putnam
County, to be used in connection with construction and maintenance
of a channel to the proposed barge port.
The project was reviewed by the Department of Natural Resources and
the Game and Fresh Water Fish Commission, and the site was recom-
mended in lieu of an original site nearer shore in a more productive
area.
On motion by Mr. Christian, seconded by Mr. Faircloth and adopted
without objection, the Trustees authorized issuance of the easement
to the Putnam County Port Authority.
VOLUSIA COUNTY - Temporary Easement, Extension.
Ponce de Leon Inlet and Port District, represented by Anthony J.
Grezik, as the sponsoring agency for the federal stabilization
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project of Ponce de Leon Inlet, requested a time extension to
January 1, 1971, for Temporary Easement No, 2326 expiring April 18,
1970.
The Florida Board of Conservation initially reviewed the project
plans and offered no objection when the Trustees considered the
request on April 2, 1968.
On motion by Mr. Christiein, adopted without objection, the Trustees
authorized the extension of the easement time limit.
ST. LUCIE COUNTY - Temporary Borrow Easement, SAJSP Permit 70-110,
Dredge Permit, Section 253.123 Florida Statutes.
The St. Lucie County Erosion District, represented by Weldon B. Lewis,
County Administrator of St. Lucie county Commission, applied for
two borrow areas for beach nourishment south of the Ft. Pierce
Inlet. The biological survey report was not adverse.
Staff recommended temporary borrow easement to expire automatically
after a period of three years, and a dredging permit to run
concurrently with the easement.
On motion by Mr. Christian, seconded by Mr. Faircloth and adopted
without objection, the Trustees approved the staff recommendation
as the action of the Board.
LEGISLATION - On motion by Mr. Faircloth, seconded by Mr. Christian
and adopted without objection, the Board authorized the Director to
place in the hands of the proper legislative committees eight bills
revising Chapter 253 which had been prepared by the staff and
reviewed with staff members of each of the Trustees. A brief
summary of the proposed bills is as follows:
1. Amends Sections 253.02 and 253.03(7) to restrict the uses
to which monies in such fund may be put; prohibits loans
or grants to other departments or units.
2. Amends Section 253.12(1) to rephrase the language relating
to title to tidal and submerged bottom lands; puts the
exception which previously appeared at the beginning of the
opening sentence at the end for clarity.
3. Repeals Sections 253.03 through 253.33, under which the Board
was authorized to borrow money and incur debts for drainage
purposes.
4. Repeals Sections 253.16 through 253.20 and 253.22, all
having to do with land grants for railroad construction.
5. Repeals Sections 253.24 through 253,28 having to do with
forfeited land grants to corporations in aid of certain
railroad, canal or communication line construction.
6. Repeals Sections 253.35, 253.351 through 253.356 which dealt
with relocation of returned soldiers and the opening of state
lands for horresteading because such sections have been
superseded or invalidated by subsequent laws.
7. Repeals Sections 253.46 and 253.601, the former relating to
the sale of moss from state lands and the latter dealing with
oil and gas leases under conditions which no longer prevail.
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8. This reviser's bill amends Sections 253.02, 253.03, 253.031,
253.032, 253.04, 253.05, 253.111, 253.12, 253.121, 253.123,
253.124 and 253.126, as to punctuation, grammar and elimination
of inapplicable portions.
Mr. Adeims said that at each session of the Legislature numerous bills
are filed which had substantive effect upon the duties and responsi-
bilities of the Trustees, and it was most important that the staff
stay abreast of this legislation. The Director had reviewed the
prefiled legislation and said he would make a report to the Trustees.
GLADES COUNTY - Lease Assignment.
On motion by Mr, Faircloth, seconded by Mr. Christian and adopted
without objection, the Trustees approved assignment of fish camp
lease No. 1598 held by Max Mock and Harvey Arrington, to Harvey
Arrington. Instrximent of assignment by assignee had been reviewed
and approved by staff legal counsel.
MONROE COUNTY - Lease Renewal.
Lee F. Franklin applied to renew lease No. 1779 expiring April 7,
1970, covering 1.02 acres east of U. S. Highway No, 1 on Barnes
Sound occupied since 1947 by the applicant who operated a fishing
guide and retail fish business. Current rental was $240 per year
for lease with 120-day cancellation clause.
The staff appraiser inspected the site and recommended annual
rental be increased to $500.
On motion by Mr. Faircloth, seconded by Mr. Conner and adopted
without objection, the Trustees authorized renewal of lease for
an additional five years at $500 annually and 120-day cancellation
clause.
PALM BEACH COUNTY - Agriculture Sublease Agreement.
On January 20 the Trustees deferred action on approval of sublease
agreement from S. N, Knight & Sons, Inc., holder of Lease No. 2341,
to Seminole Sugar Corp., pending receipt of additional information
with respect to whether or not any of the lease cirea was involved
in an agriculture subsidy program. An affidavit was filed stating
that the area in the sublease covering 735 acres of the entire lease
area of 3,742 acres, is actively utilized for agricultural purposes
and no part of the property remains idle.
The sublease agreement was reviewed and approved by staff legal
counsel and staff recommended approval by the Trustees.
On motion by Mr. Conner, seconded by Mr. Faircloth and adopted
without objection, the Trustees approved the sublease agreement.
REFUND - Murphy Act Land. On motion by Mr. Conner, seconded by
Mr. Christian and adopted without objection, the Trustees authorized
refund of $15 to jack Neese for the reason that the Department of
Transportation did not recommend release of the state road right
of way reservation contained in Bay County Murphy Act Deed No. 26.
On motion duly adopted, the meeting was adjourned.
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ATTEST:
Tallahassee, Florida
April 7, 1970
The State of Florida Board of Trustees of the Internal Improvement
Trust Fund met on this date in the Governor's Office in the Capitol
with the following members present:
Tom Adams Secretary of State, Acting Chairman
Earl Faircloth Attorney General
Fred O. Dickinson, Jr. Comptroller - Present Part Time
Broward Williams Treasurer
Floyd T. Christian commissioner of Education
Doyle Conner Commissioner of Agriculture
James W. Apthorp Executive Director
On motion adopted without objection, the Trustees approved the
minutes of the meeting of March 31, 1970.
DADE COUNTY - File No. 2268-13-253.12, Land Sale.
The application from Robert Livingston on behalf of Alec P. Courtelis
and Jay I. Kislak for purchase of three contiguous parcels of
sovereignty land in Biscayne Bay abutting Lots 57 through 62, inclu-
sive. Block "B", Mary and William Brickell Subdivision, Plat Book
"B" Page 96, Public Records of Dade County, containing 2.665 acres
in Section 40, Township 54 South, Range 41 East, in the City of
Miami, Dade County, had been considered by the Board on February 17,
1970, advertised in the Miami Herald and no objection to the sale
received, auid on this date the staff recommended sale at the
appraised value of $92,869.92 for the parcel.
Applicant desired to construct high rise apartments on the parcel
which was landward of the bulkhead line as confirmed by the Inter-
agency Advisory committee on June 20, 1968. The biological survey
report dated November 24, 1969, was adverse; however an earlier
biological report stated that the west shore of Biscayne Bay north
of Rickenbacker Causeway had been previously affected by extensive
dredge and fill operations.
On motion by Mr. Christian, seconded by Mr. Dickinson and adopted
without objection, the Trustees confirmed sale of the advertised
parcel at the appraised value.
LEE COUNTY * File No. 2118-36-253.12, Land Sale.
The application from E. Mitchell Whaley on behalf of H. W. Marsh
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638
and wife for purchase of a parcel of sovereignty land containing 0.2
acre in Ostego Bay abutting Section 29, Township 46 South, Range 24
East, Lee County, had been considered by the Trustees on December
23, 1969, advertised in the Fort Myers News Press, and on February
17 the Board deferred action for an .updated appraisal. An appraisal
of $1,947 per acre, or $390 for the parcel, was made by Hamilton
Hunter, K. A. I., and reviewed by the Staff Appraiser on March 27,
1970.
Four objections to the sale were mainly to any dredging in the area.
The biological survey report was not adverse and the bulkhead line
was approved by the Trustees on January 23, 1963. Applicant was a
small residence builder needing the parcel to fill an abandoned
drainage ditch and round out a development.
On motion by Mr. Dickinson, seconded by Mr. Williams and adopted
without objection, the Trustees approved the staff recommendation
that objections be overruled and sale confirmed subject to the
applicant paying the appraised value and cost of appraisal.
DADE COUNTY - Dedication No. 23991.
The City of North Miami requested approval of a revocable license
providing for operation of a concession upon Spoil Island No. 1,
one of the spoil islands in Biscayne Bay dedicated to the city for
public purposes. The license would reserve to the city control of
concessionaire's activities subject to Trustees' approval of plans
and operational procedure. Licensee would be required to have public
liability insurance and other provisions in the license would hold
the Trustees harmless from liability actions.
The Director said the agreement was a tight control on a licensed
operator, but the real consideration was a policy question as to
whether the Trustees desired to lease spoil islands. He said the
staff felt this would be the best way to handle it and recommended
approval.
Mr. Joseph H. Weil represented President Stanley Goldberg of the
Sailing Club Corp., proposed licensee. City Manager Edward J.
Connell of North Miami explained that the license proposal would
provide for use by the entire general public and more public
facilities than the city had been able to place on the spoil islands,
that the city had advertised and negotiations had been going on
with the only party interested for two years. Mr. Weil said the
city had given the spoil islands minimal use and saw no harm in
allowing someone an opportunity to make some improvement in facili-
ties for use by the general public, and there was no objection at
the local hearings. Answering a question as to the possibility of
pollution, he pointed out that Dade County had very strict
pollution control.
Mayor Sheppard Broad of the Town of Bay Harbor Islands opposed a
license to a private party to allow profit to be made upon land
dedicated for public park and recreation. He pointed out that it
was the responsibility of the City of North Miami to maintain the
areas dedicated to it for public purposes, that the spoil banks
were subject to continued use for spoil deposit and should be left
as they were and not despoiled for private profit. He also raised
questions as to pollution, financing of the project, and the
policy involved.
Referring to spoil islands in general, Mr. Adams recommended that
the staff call the matter to the attention of the Division of Recrea-
tion and Parks and work toward making such islands more useful to
the public as marine parks.
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When the Acting Chairman asked for a motion, none was offered and
the staff recommendation for approval failed for lack of any
action by the Trustees.
DADE COUNTY - Bids for Rock Mining Leases.
On February 3, 1970, the Trustees approved establishment of guidelines
for leasing land for rock mining. On February 17 and 24 the Board
authorized advertisement of two areas in Dade County for rock mining
leases, and invitations to bid were published in the Miami Herald
and the Tallahassee Democrat pursuant to law, sealed bids to be
received on or before 9 a.m. on April 7 and considered by the
Trustees on this date.
For one area described as Hiatus Government Lots 4 and 5, Township
53/54 South, Range 39 East, containing 1,015.6 acres, more or less,
in Dade County, there were two bids. Florida Stone and Materials,
Inc., bid 8.6 cents per short ton. Maule Industries, inc., submitted
the high bid of 12.3 cents per short ton.
For the other area, 1,000 acres in Sections 22 and 23, Township 53
South, Range 39 East, Dade County, one bid was received from Seminole
Rock Products, Inc., of 7 cents per short ton.
The Director said it appeared that all bids were legitimate bids and
in order, but the staff requested that they be held for one week for
study of the recreation plans proposed by the bidders . There was
a two-fold purpose for the mining lease, one to gain revenue from
the rock and the other to develop and leave the areas ultimately so
that they could be used as recreation parks.
Mr. Fritz Gibson, Jr., presented and read a letter to the Trustees
from Maurice A. Ferre, President of Maule Industries, inc., with the
explanation that he had hoped to have an opportunity to read the
letter before the bids were opened. In submitting a bid proposal as
a business corporation, nevertheless Maule Industries protested the
position of the Trustees in disposing of public property through the
medium of a mining lease, tieing up future assets for a thirty-year
period for the financial benefit of a few, competing with private
enterprise, and setting a bad precedent and an unfair disposition
of public property.
Speaking for the Trustees, Mr. Adams thanked Mr. Gibson for reading
the letter but said he thought Mr. Ferre 's information was not well
founded, that as Trustees of the area in question the Board sought
to use the value of the material, as oyster shell, sand and fill
material were mined and sold, while the Board would be joining hands
with the successful bidder in developing the mined lands into areas
useful to the public for recreation.
Mr. Williams said public parks would be built at no cost to the
state as a result of the mining operation, and the state would get
paid for the rock material.
Without objection, the Trustees received the bids and authorized
holding them for a week while the staff evaluated the proposals.
PINELLAS COUNTY - Fill Permit, Section 253.124 Florida Statutes.
Pinellas County Water and Navigation Control Authority issued a fill
permit in Section 23, Township 15 South, Range 31 East, Boca Ciega
Bay, subject to Trustees' approval, to Investors Development
Corporation, for filling approximately 0.7 acres within the
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boundaries of the Boca Ciega Bay Aquatic Preserve - but the land was
in private ownership.
The biological report was adverse. The application was removed from
the agenda on February 24, 1970, when it was reported that the appli-
cant had already begun work. On-site inspection by the staff
revealed that only a seawall was being constructed, and this was
being done by the contractor without the developer's knowledge.
The Director felt that the limited work that had been started and
was stopped immediately did not represent bad faith on the part of
the applicant.
On motion by Mr. Christian, seconded by Mr. Dickinson and adopted
without objection, the Trustees authorized approval of the fill permit,
POLICY - Offshore Campsite Leasing.
Prior to December 9, 1969, the staff made an investigation of
structures offshore from Pasco County in the Gulf of Mexico that
had been severely damaged by Hurricane Gladys in 1968, and the Board
considered the staff recommendation for issuance of campsite leases
for private purposes to those filing applications. However at that
meeting some members felt that the structures were unsightly and
there should be a policy of phasing them all out. The Attorney
General asked for an opportunity to study the policy of giving
leases where structures existed.
As requested, the staff had worked up the following suggested policy
with respect to future leasing of submerged land for private
campsite purposes:
Require all structures in existence to be under lease for so
long as the structure remains in existence.
Lease to terminate automatically in the event the structure
is destroyed or abandoned.
No leases to be issued for new structures or for rebuilding
a structure which has been destroyed or removed by natural
forces or other means.
Lease terms proposed are for private campsite purposes only,
for five years with year to year renewal, annual rental of
$100 for a one-acre site, and cancellation privilege by the
Trustees after 120-day written notice.
The Trustees considered the above alternate proposal, and also
reconsidered the recommendations made on December 9, 1969, to allow
the rebuilding of structures that were destroyed by the hurricane
but to allow no new ones to be constructed.
Treasurer Broward Williams made a motion that the Trustees approve
the proposal as recommended on December 9, 1969, as follows:
issuance of a campsite lease for private purposes only to those
filing applications containing necessary maps and data
evidencing having had structures in existence prior to
Hurricane Gladys. Lease terms would include a 90-day
cancellation clause, annual rental of $100 for one-year term
with option to renew on a year-to-year basis for an additional
four years. Leases would be subject to all applicable laws
and regulations.
Mr. Christian said those applicants in Pasco County could come back
and reconstruct their houses under leases. He seconded the motion.
On the earlier proposal of December 9, substituted for the policy
set out on the agenda of this date, the Trustees adopted the motion
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by Mr. Williams, seconded by Mr. Christian, with one negative vote
by Mr . Adams .
The above agenda items had been taken out of order to accommodate
parties who had to make travel connections, since the entire
Trustees' agenda on this date had to be delayed until three o'clock
in the afternoon because of the joint session of the Legislature.
The following matters were considered in the order in which they
appeared on the agenda.
VOLUSIA COUNTY - File NO. 2184-64-253.12, Land Sale.
The application from V. G. Stepp on behalf of R. E. Chaddock for
purchase of a parcel of sovereignty land in the Halifax River abutting
Section 27, Township 15 South, Range 33 East, 0.09 acre more or less,
in Volusia County, had been considered by the Board on February 17,
1970, advertised in the Daytona Beach Journal and no objection to
the sale received. On this date the staff recommended sale at the
appraised value of $250 for the parcel.
The biological survey report was not adverse. The area applied for
was a small pocket with seawall constructed along the north side,
did not extend to the bulkhead line established by Volusia County,
and staff felt that the application would come under the hardship
provisions of the policy adopted July 1, 1969.
On motion by Mr. Christian, seconded by Mr. Conner and adopted
without objection, the Trustees confirmed sale of the advertised
parcel at the appraised value.
PUTNAM. VOLUSIA. ST. LUCIE COUNTIES - Easements.
On motion by Mr. Williams, seconded by Mr. Christian and adopted,
the Trustees reconfirmed the following easements that were approved
last week by four members:
Putnam County - Spoil Easement to Putnam County Port
Authority, File No. 2314-54-253.03
Volusia County - Temporary Easement time extension to
Ponce de Leon Inlet and Port District
St. Lucie County - Temporary Borrow Easement, SAJSP Permit
70-110, to St .Lucie County Erosion District.
BREVARD COUNTY - Bulkhead Line Review, City of Titusville.
The Titusville City Council on January 26, 1970, reviewed and
reconfirmed the existing approved bulkhead line within the City of
Titusville in response to Report No. 1 issued by the Interagency
Advisory Committee on Submerged Land Management.
The staff recommended acceptance of the report with the condition
that all dredge areas used to obtain fill material be located in
water depth greater than six feet mean low water in accordance
with the recommendations of the Interagency Advisory Committee and
the Department of Natural Resources.
On motion by Mr. Christian, seconded by Mr . Conner and adopted
without objection, the Trustees accepted the City of Titusville
report of bulkhead line review subject to the condition as
recommended by the staff as to dredge areas.
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FRANKLIN COUNTY - Use Agreement No. 2118.
The United States Army, Corps of Engineers, Mobile District,
requested extension of a use agreement entered into on July 27,
1965, that expires June 30, 1970, covering three small spoil
islands at the mouth of the Carrabelle River in Carrabelle, Franklin
County, used in connection with a Multiple Airborne Target Trajec-
tory System site (MATT System) .
On motion by Mr. Williams, seconded by Mr. Christian and adopted,
the Trustees authorized extension of the use agreement to June 30,
1975.
CHARLOTTE COUNTY - Corrective Deed.
Earl D. Farr, Jr., on behalf of Earl D. Farr, requested a corrective
instrument to clear a deficiency in the description in Deed No.
19929 that conveyed an island in Charlotte Harbor lying in Township
42 South, Range 22 East, charlotte County, on November 26, 1951.
The Bureau of Land Management, U. S. Department of the Interior,
surveyed the island and identified it as Tract 52, and Swamp Patent
No. 1241992 carried the same description.
On motion by Mr. Christian, seconded by Mr. Williams and adopted
without objection, the Trustees authorized issuance of corrective
deed for $25 charge.
INDIAN RIVER COUNTY - Easement.
Sebastian Inlet District by resolution adopted February 27, 1970,
requested two easements for right of way in connection with the
extension of the jetty on the south side of the Sebastian inlet and
the replenishing of the state-owned beach south of the inlet. The
easement areas were located on portions of the new Sebastian inlet
State Park.
The Division of Recreation and Parks, Department of Natural
Resources, coordinated with the Sebastian inlet District on the
project and concurred in the request.
On motion by Mr. Conner, seconded by Mr. Christian and adopted
without objection, the Trustees authorized issuance of the two
right of way easements.
ST. JOHNS COUNTY - Easement.
The Department of Transportation requested a temporary easement for
borrow pit purposes covering 1.84 acres in Section 27, Township 7
South, Range 30 East, St. Johns County, that was a part of Anastasia
State Park. The State Parks Director approved the temporary
easement and agreement had been reached with the Department of
Transportation whereby the proposed borrow pit would be excavated
in such a manner that it would be usable as a small lake in the
future.
On motion by Mr. Williams, seconded by Mr. Christian and adopted
without objection, the Trustees authorized issuance of the easement.
MONROE COUNTY - Dredge and Fill Permit, Section 253.03 F. S.,
to improve navigation and to fill purchased
submerged land. Deed No. 21858.
James T. Glass, on behalf of Jerome Shipley, applied for permit to
dredge 30 ft. wide by 5 ft. deep by 200 ft. long navigation channel.
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and a 70 ft. wide by 15 ft. deep by 200 ft. long boat basin on
submerged land purchased from the Trustees in Section 11, Township
61 South, Range 39 East, Blackwater Sound, Key Largo in Monroe
County. The material removed would be placed on applicant's upland
and a breakwater would be constructed on purchased submerged land
as a protection for the boat basin.
The biological survey report was adverse, but the applicant amended
his application to conform to recommendations in the report. The
Bureau of Beaches and Shores submitted a letter of no objection to
the project.
On motion by Mr. Christian, seconded by Mr .Williams and adopted, the
Trustees authorized issuance of the requested dredge and fill permit,
ST. JOHNS COUNTY - Dredge Permit to Improve Navigation,
Section 253.123 Florida Statutes.
St. Augustine Beach South Corp., represented by Emmett W. Pacetti,
applied for permission to dredge a navigation channel 50 ft. wide,
5 ft. deep and 5,400 ft. long adjacent to applicant's upland in
Section 27, Township 8 South, Range 30 East, Intracoastal Waterway
in St. Johns County. The material removed will be placed on the
applicant's upland. The biological survey report was not adverse.
Mr. Adams said the application had been deferred the week before at
his request, that he had discussed it with the Director who felt that
as long as such channels were held to minimum dimensions they should
be allowed for navigation. Mr .Adams withdrew his objection but
requested that the staff review the matter of fill material cost and
pays for removal from state bottoms, to develop a better overall
policy.
On motion by Mr. Williams, seconded by Mr. Christian and adopted
without objection, the dredge permit was approved.
BAY COUNTY - Dredge Permit to Improve Navigation,
Section 253.123 Florida Statutes, File 496.
Ted Alford, in care of H. Skeet Benton of Panama City, Florida,
applied for permit to dredge a navigation channel 450 ft. long,
50 ft. wide and 5 ft. deep in Section 28, Township 3 South, Range
15 West, North Bay, to accommodate a marina proposed to be constructed
on upland. The material removed will be placed on applicant's upland.
The biological report was adverse.
On motion by Mr. Christian, seconded by Mr. Conner and adopted
without objection, the Trustees approved issuance of the dredge
permit to improve navigation.
ESCAMBIA COUNTY - Dredge Permit to Improve Navigation,
Section 253.123 Florida Statutes, File 494.
D. J. Wagner applied for permission for maintenance dredging in
Section 50, Township 2 South, Range 30 West, Bayou Grande in Escambia
County, in an area where siltation made access to applicant's dock
difficult.
The biological report was not adverse. Material removed will be
placed on upland property. A portion of the work had been done,
but the applicant stopped dredging when informed that he needed a
permit.
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On motion by Mr. Conner, seconded by Mr. Williams and adopted without
objection, the Trustees approved issuance of the dredge permit.
SARASOTA COUNTY - Dredge Permit to Improve Navigation,
Section 253-123 Florida Statutes.
Sarasota County Water and Navigation Control Authority issued a
maintenance dredging permit, subject to Trustees' approval, to George
E. Schmidt for a dredge area 80 ft. long, 1.5 ft. deep (additional
cut below existing bottom) , and 9 ft. wide in Section 14, Township
40 South, Range 19 East, Forked Creek, Sarasota County. The material
would be placed on upland property. The biological survey report was
not adverse.
On motion by Mr. Christian, seconded by Mr. Conner and adopted without
objection, the Trustees approved issuance of the permit.
MONROE COUNTY - Dredge Permit, Section 253.03 Florida Statutes,
After-the-Fact Navigation Channel.
Tropical Isles, Inc., applied for after-the-fact dredge permit for
a navigation channel 2,500 ft. long, 30 ft. wide and 6 ft. deep
adjacent to Section 2, Township 67 South, Range 29 East, at Cupon
Bight, Big Pine Key in Monroe County.
The material was spoiled along side the channel but will be removed
to applicant's ownership. Applicant submitted check for $2,120 as
payment for the 21,200 cu. yds. of material removed from the channel,
The violation was discovered prior to the adoption of the policy
charging three times the value of fill material for the subject loca-
tion. No access to the site is available except through the appli-
cant's property. Biological report was adverse.
The Director said that under the circumstances the staff recommended
this permit, that the piled-up material was causing a problem and
the applicant would remove it in addition to paying 10<: per cubic
yard for the material.
On motion by Mr. Williams, seconded by Mr. christian and adopted
without objection, the permit was approved.
LAKE COUNTY - Dredge Permit, Utility Installation,
Section 253 .123 (2) (b) , File 502.
On motion by Mr. Christian, seconded by Mr. Williams and adopted
without objection, the Trustees authorized issuance of dredge permit
to Astor-Astor Park Water Association to install a water main in
Section 19, Township 15 South, Range 28 East, St. Johns River in
Lake County. Applicant had tendered check for $100, the required
processing fee. The biological report was not adverse.
DADE COUNTY - Dredge Permit, Section 253.123 F. S., File 268.
On April 8, 1968, the Trustees approved a dredge permit to Welan
Investment Company for the removal of 200,000 cubic yards of material
from Biscayne Bay in Section 15, Township 54 South, Range 41 East,
Dade County, contingent upon payment for the material being made.
Applicant tendered check for $20,000 and requested that the permit
be issued to Sailboat Key, Inc., Burton Goldberg, President.
On motion by Mr. Conner, seconded by Mr. Williams and adopted
without objection, the Trustees authorized issuance of the permit
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to Sailboat Key, Inc.
BREVARD AND INDIAN RIVER COUNTIES - Utility Permit, Sec. 253.03(7)
On motion by Mr. Conner, seconded by Mr. Williams and adopted without
objection, the Trustees approved the application of Southern Bell
Telephone and Telegraph Company for a permit for a cable on the
bottom of Sebastian River in Section 23, Township 30 South, Range
38 East, Brevard and Indian River Counties. The applicant tendered
check for $100, the required processing fee.
DUVAL COUNTY - Dock Permit, Section 253.03 Florida Statutes.
On motion by Mr. Williams, seconded by Mr. Christian and adopted
without objection, the Trustees authorized issuance of a state
commercial dock permit to Confederate Point Apartments, Ltd., repre-
sented by Harbor Engineering Company, for a dock facility for
apartment tenants in Fishing Creek adjacent to Section 42, Township
3 South, Range 25 East, Duval County. All required exhibits and $100
processing fee had been submitted.
PINELLAS COUNTY - Dock Permit, Marine Railway, Section 253.03 F. S.
On motion by Mr. Williams, seconded by Mr. Christian and adopted
without objection, the Trustees authorized issuance of a state commer-
cial dock permit, approved by Pinellas County Water and Navigation
Control Authority, to South Pasadena Marina, Inc., for construction
of a marine railway facility adjacent to Bear Creek in Section 30,
Township 31 South, Range 16 East, Pinellas County. All required
exhibits and $100 processing fee had been submitted.
CANAL AUTHORITY - The staff requested authority for the Executive
Director to execute the satisfaction of mortgage as recommended by
staff legal counsel, for that mortgage which was given by the Canal
Authority of the State of Florida on August 4, 1964, to secure payment
on a loan made to the Canal Authority in the amount of $1,200,000
that had been fully paid.
Motion was made by Mr. Williams, seconded by Mr. Christian and adopted
without objection, that the Executive Director be authorized to execute
the satisfaction of mortgage.
DUVAL 03UNTY - Temporary Spoil Easement.
The Department of Natural Resources, Division of Parks and Recreation,
on March 24, 1970, granted approval for the release of 95 acres of
land within the Huguenot Memorial in Duval County to be used as a
spoil area by the Jacksonville Port Authority for channel dredging
by the U. S. Corps of Engineers to deepen the St. Johns River channel.
On motion by Mr. Christian, seconded by Mr. Williams and adopted
without objection, the Trustees granted the spoil easement for a
two-year period.
ST. LUCIE COUNTY - Dredge Permit, Section 253.123 F. S., File 326.
The Outdoor Resorts of America, Inc., represented by William J.
Roberts, attorney, requested revival of dredge permit for the comple-
tion of the Nettles Island fill project and submitted check in the
amount of $15,000 for 150,000 cubic yards of fill material to be
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taken from a borrow area in the Indian River adjacent to the Intra-
coastal Waterway in Section 3, Township 37 South, Range 41 East,
St. Lucie County.
The staff recommended denial on the basis that it would violate the
philosophy and policy adopted in connection with establishment of
the aquatic preserve concept that opposed taking of material from
submerged lands for the purpose of filling upland. The area from
which the material was proposed to be removed was within Aquatic
Preserve A-10. The biological survey report was adverse and numerous
objections were filed to granting of any dredging permits. The staff
recommended that the borrow area be relocated in the Intracoastal
Waterway channel, however the applicants could not accept that as it
would result in a considerable delay. The Director said that the
county administrator indicated that a possible encroachment should
be checked out. It was further explained that the project was
largely completed as a result of valid permits, that the Trustees
did not object to the issuance of Corps of Engineers Permit SAJSP
(65-573) which contemplated dredging from the area now desired, that
permit had expired and the applicant had applied for a new permit
identified as SAJSP (70-60) .
The applicant had indicated that it would reduce the size of the
borrow area by one-half of the original area, would post a bond for
maintenance of dikes, spillway pipes and vertical risers as hereto-
fore required on other projects. Also applicant agreed to on-site
inspection by the Department of Natural Resources personnel to
determine the amount of damage to the submerged bottoms by prior
operations, and agreed to the requirements for taking turbidity
tests while the project is under way.
Secretary of State Tom Adams said he had opposed granting the channel
dredging permit approved by the Trustees on November 4, 1969, but
there was a matter of equity, that the Board had concurred in the
Corps of Engineers permit, there was no charge for the fill material
then, and had the work been completed on time (had the dredge not
sunk) , it would have been prior to the creation of the Aquatic
Preserve. He understood the new owners were told there would be no
problem with the Corps of Engineers or the Trustees' regulations,
went ahead on their financing; now the Trustees would have to try to
balance the equities against the changed rules after dredging had
been about 80% completed. The dredging already done had affected
the dredge area that was only a short distance from the Intracoastal
Waterway anyway, 10<: per cubic yard charge would be assessed, all the
requirements established for another project (Curtis-Wright) would be
imposed, and changing the dredge area to the intracoastal Waterway
would necessitate a 30-day advertising period.
The Director said there were equities, but the staff could not
recommend granting a dredge permit to get fill material within an
Aquatic Preserve, but only to dredge navigation channels.
Treasurer Broward Williams thought the Board should allow completion
of the project under the protective requirements including bond, etc.,
with the material paid for at 10<: per cubic yard, and on motion by
Mr. Williams, seconded by Mr. Faircloth and adopted without objec-
tion, the Trustees approved the application for dredge permit.
On motion duly adopted, the meeting was adjourned.
4-7-70
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X4C
ATTEST :
SECRETARY OF STATE - ACTING CHAIRMAN
* * *
Tallahassee, Florida
April 14, 1970
The State of Florida Board of Trustees of the Internal Improvement
Trust 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
James W. Ap thorp
Governor
Secretary of State
Attorney General
Comptroller
Treasurer
Commissioner of Education
Cwnmissioner of Agriculture
Executive Director
Pursuant to the cabinet rule adopted last week, minutes of the
meeting of April 7 will be presented for approval two weeks from
that date, on April 21.
MONROE COUNTY - File No. 2295-44-253.12, Land Sale.
On February 17, 1970, the Trustees considered application from the
United States Navy for conveyance of a parcel of sovereignty land
in Key West Harbor abutting Pier No. 3, U. S. Naval Station Annex,
Key West, Monroe County, for the $100 minimum consideration.
The biological survey report was not adverse, and no objection was
filed pursuant to publication of notice in the Key West Citizen
(proof of publication filed in the Trustees' office).
On motion by Mr. Adams, seconded by Mr. Faircloth and adopted without
objection, the Trustees approved conveyance of the advertised parcel
to the United States Navy for the $100 minimxim consideration.
OSCEOLA COUNTY - File No. 2299-49-253.36 Deferred.
Temple Baptist Building Assoc, Inc., applicant for purchase of
0.6 acre parcel of reclaimed lake bottom in East Lake Tohopekaliga
abutting Section 19, Township 25 South, Range 31 East, Osceola
County, represented by O. Preston Johnson, had objected to the
valuation by the staff appraiser. The land was advertised for objec-
tions and for consideration on this date, but applicant had been
notified that the staff would recommend deferment until the staff
appraiser re-evaluates the appraisal.
Without objection, the Trustees deferred consideration of the
proposed sale.
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MONROE COUNTY - Land Exchange, File No. 2290-44-253.42.
On February 17, 1970, the Trustees considered a land exchange proposed
by Joseph G. Moretti, Inc., represented by James E. Glass, in which
the Trustees would convey 8.5 acres of sovereignty land in Florida
Bay abutting Sections 22 and 27, Township 62 South, Range 38 East,
Key Largo, Monroe County, and the applicant would convey to the
Trustees 7.5 acres of upland covered with a heavy growth of mangrove
and in addition would quitclaim approximately 100 acres of sovereignty
land within erroneously located meander lines. The 100 acres was to
be quitclaimed for clearing title and establishing definitive boun-
daries between the applicant and the state lands. Applicant will
develop a mobile home subdivision.
A comparable appraisal made by Joseph T. Lance of Key Largo and
reviewed by the Trustees' staff appraiser established a value of
$1,500 per acre for the land to be exchanged. Applicant submitted a
check to cover the one acre difference in the exchange.
The biological report was adverse. The applicant greatly modified
his original plan, eliminating a large area of the proposed dredging
and offering the 7.5 acres of upland to the Trustees. Staff was of
the opinion that the 7.5 acres was of substantial value from a
conservation standpoint and would offset damage caused by the project.
Notice of the application was published in the Key West Citizen,
proof of publication filed in the Trustees' office. An objection
received from the superintendent of Everglades National Park was
siibsequently withdrawn.
On motion by Mr. Adams, seconded by Mr. Faircloth and adopted, the
Trustees approved the staff recommendation for approval of the land
exchange for $1,500 consideration and payment by the applicant of
the appraisal cost.
MONROE COUNTY - File No. 2304-44-253.12, Application to Advertise.
Robert 0. Reinert, represented by James T. Glass, offered the
appraised value for purchase of a parcel of sovereignty land in the
Atlantic Ocean abutting Section 6, Township 64 South, Range 37 East,
Upper Matecumbe Key in Monroe County, containing 0.24 acre. The
applicant desired to fill the parcel to eliminate a stagnant pocket.
The land applied for is in a dredged area, and spoil from dredging
a navigation channel applied for by the applicant would be placed
on the subject parcel. Sovereignty lands on each side of the parcel
had been sold and one filled. The Director said it appeared that
the applicant had a legitimate need for the small parcel.
The biological survey report was adverse, stating that dredging and
spoiling would have definite adverse effects on marine habitat in
the remaining undredged area.
On motion by Mr. Christian, seconded by Mr. Adams and adopted
without objection, the Trustees authorized advertisement for
objections only.
BREVARD COUNTY - File No. 2320-05-253.0 3, Permanent Spoil Easement.
Canaveral Port Authority, represented by Edward M. Jackson,
requested an assignable permanent spoil easement embracing 25.9
acres of sovereignty land in the Atlantic Ocean lying offshore and
adjacent to Government Lots 1 and 3, Section 14, Township 24 South,
Range 37 East, to accommodate discharge material from the sand
transfer plant project. A permit to place material from the sand
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transfer plant was authorized April 1 , 1970, by the Department of
Natural Resources.
As reconunended by the staff, motion was made by Mr. Faircloth,
seconded by Mr. Adams and adopted, that permanent easement be granted
upon delivery of Order of Taking in the suit styled Canaveral Port
Authority v. Seaboard Loan Co., et al, Case No. 45326, 18th Judicial
Circuit, Brevard County.
INDIAN RIVER COUNTY - Pelican Island National Wildlife Refuge,
Commitment for Wilderness Area.
The United States Fish and Wildlife Service requested the Trustees
to make a commitment to assist in the establishment of a "Wilderness
Area" to be contained within Pelican Island National Wildlife Refuge.
The Fish and V7ildlife Service indicated that it would help to move
the wilderness legislation through the congressional committee if the
Trustees agreed to convey all state-owned land within the refuge
through land exchange or otherwise to the United States.
By Lease Agreement No. 2330 the Trustees on May 21, 1968, committed
4,760 acres of sovereignty land only to a 10-year lease with option
to renew, to the Fish and Wildlife Service. The requested commitment
would indicate a step toward conveyance of the swamp and overflowed
land, the Governor commented. He spoke of the significance of the
Pelican island National Refuge, the dedication of the island now
known as Pelican Island by President Theodore Roosevelt in 1903
having created the nation's first bird refuge.
On motion by Mr. Williams, seconded by Mr. Christian and adopted
without objection, the Trustees agreed to commit themselves to the
creation of a Wilderness Area within the refuge and to convey all
state-owned swamp and overflowed and sovereignty lands within the
boundaries of the Pelican Island National Wildlife Refuge on the
condition that lands of equal value owned by the United States be
exchanged for state lands; also, on condition that abutting riparian
upland owners be allowed to construct a reasonable number of naviga-
tion channels for purposes of ingress and egress by boat consistent
with Section 5 of Lease Agreement No. 2330.
INDIAN RIVER COUNTY - Land Exchange, Corrective Deed,
Section 253.42 Florida Statutes.
Robert F. Lloyd, representing Afam Island Corporation, successor in
title to Floyd F. Koogler, grantee in Trustees Deed No. 20533A dated
August 16, 1968, requested conveyance by the Trustees of approximately
28.5 acres in the northerly part of Wabasso Island in the Indian River
in Township 31 South, Range 39 East, Indian River County. Afam Island
Corporation in exchange would convey approximately 30 acres in the
same location.
Staff recommended approval of the exchange to clarify boundary
description which was in error in Trustees Deed No. 20533A.
On motion by Mr. Christian, seconded by Mr. Dickinson and adopted
without objection, the Trustees approved the staff recommendation.
PINELLAS COUNTY - Boundary Line Agreement.
J. Hilbert Sapp, represented by William J. Roberts, requested that
the Trustees enter into a boundary line agreement to clear title to
swamp and overflowed lands bordering on navigable waters within
Government Lot 3 . All of the swamp land involved lay landward of
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the bulkhead line established by the City of St. Petersburg. The
applicant will quitclaim areas lying bayward of the proposed boundary
line and in turn desired the Trustees to disclaim interest in lands
landward of the proposed line. All upland development would be accom-
plished without dredging for fill material in navigable waters.
The staff had attempted to preserve some of the mangrove growth
within the area and involved itself in the tentative layout of the
project. Staff recommended that boundary line agreement be entered
into with certain requirements.
As recommended by the staff, motion was made by Mr. Dickinson,
seconded by Mr. Conner and adopted without objection, that the
Trustees enter into the boundary line agreement subject to the
applicant furnishing a title certificate showing ownership of record
and that the area to be quitclaimed be free of liens or other encum-
brances, in consideration for such quitclaim the Trustees to authorize
issuance of an ex parte disclaimer. Also, the applicant should
furnish appropriate maps of surveys and legal descriptions.
DADE COUNTY - Rock Mining Leases.
On April 7 the Trustees received and held for a week bids for rock
mining leases on two different tracts of state land in Dade County.
The bids and recreation plans were reviewed by the staff of the
Trustees and of the Division of Recreation and Parks, and report
was submitted to the Trustees.
In view of the short time available to evaluate and prepare the
report, the Director suggested a week's delay on av;arding the lease
for which there were two bids received - from Florida Stone and
Materials, Inc., and Maule Industries, Inc., for Hiatus Government
Lots 4 and 5, Township 53/54, Range 39 East, Dade County.
The Director recommended that the Trustees accept the bid of seven
cents per short ton from Seminole Rock Products, Inc., and the
recreation plan submitted to develop and leave that area - 1,000
acres in Sections 22 and 23, Township 53 South, Range 39 East, in
Dade County. Over the life of the 30-year lease, if the company
excavated to 40 feet, the results would bring revenue of over five
million dollars and an excellent recreation area with about 250 acres
of upland and about 750 acres of lakes. The Director said the recrea-
plan would be the major consideration, and the bid was above the
required minimum for the rock material.
Mr. Adams commented on the greater consideration given to the
recreation plan so that the unit bid was not necessarily the total
deciding factor. He asked that copy of the lease be furnished to
members and Mr. Christian asked that maps be available, also.
Motion was made by Mr. Faircloth, seconded by Mr. Dickinson and
adopted without objection, that the Trustees accept the bid and
award lease to Seminole Rock Products, Inc., for rock mining in
Sections 22 and 23, Township 53 South, Range 39 East. The Board
deferred consideration of the bids for the other tract for a week.
COLLIER COUNTY - Geophysical Permit.
Phillips Petroleum Company requested permission to conduct a
geophysical survey across Section 15, Township 49 South, Range 31
East, Collier County, using explosive charges not exceeding 25
pounds in shot holes varying in depth from 30 to 80 feet at 800-
foot interval spacing. Dr. Robert O. Vernon, State Geologist,
recommended issuance of permit provided all shot holes are filled
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in accordance with accepted practice and a map furnished showing
location of all holes.
written consent was obtained frc»n Thomas H. Baker, holder of Grazing
Lease No. 2308-S covering the said Section 16.
On motion by Mr. Christian, seconded by Mr. Ad2uns and adopted
without objection, the Trustees authorized issuance of 90-day
permit subject to the foregoing conditions.
LEVY COUNTY - Dredge and Fill Permit, Sections 253.123 and 253,124,
John P. A. Wilson, granted a dredge permit September 2, 1969, to
dredge 2,700 cubic yards of material from a navigation channel and
fill approximately one acre in Section 32, Township 15 South, Range
13 East, adjacent to the main ship channel at Cedar Key, Levy County,
had reduced the dredge area to 50 ft. wide and the fill area to extend
only 100 ft. from the existing shore line, upon request by the United
States Fish and Wildlife Service.
On staff recommendation, motion was made by Mr. Faircloth, seconded
by Mr. Christian and adopted without objection, that the Trustees
approve the amended application.
MONROE COUNTY - Dredge and Fill Permit, Section 253.03 Florida
Statutes, Deed File No. 21815.
Outdoor Resorts of America, Inc., applied for permit to dredge six
canals and a marina and to fill approximately 9.0 acres of submerged
land in Section 7, Township 65 South, Range 35 East, at Long Key,
Florida. All dredging and filling would be done on applicant's
upland and submerged land previously purchased.
The biological survey report was adverse, but the Director said it
was in an area that was not highly valucible and the staff recom-
mended approval of the application based on the fact that it was a
situation that would undoubtedly end in litigation.
On motion by Mr. Williams, seconded by Mr. Christian and adopted
without objection, the Trustees approved the application for dredge
and fill permit.
BREVARD COUNTY - Dredge Permit for Utility Installation,
Section 253.123(2) (b)
On motion by Mr. Willicims, seconded by Mr. Conner and adopted
without objection, tha Trustees authorized issuance of dredge permit
to Florida Power and Light Company for installation of a power cable
in Sections 10 and 11, Township 27 South, Range 37 East, Banana
River, Brevard County, for which applicant tendered check for $100
and the biological report was not adverse.
BREVARD COUNTY - Dredge Permit to improve Navigation,
Section 253.123 Florida Statutes.
Houdaille-Duval-Wright Company applied for permit for two naviga-
tion channels in Township 24 South, Range 36 East, Banana River in
Brevard County, one channel 275 ft. by 6 ft. by 100 ft. and the
other 240 ft. by 6 ft. by 100 ft., the material from which would be
used as embankment fill.
The biological report was not adverse. The area was within an
aquatic preserve.
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On motion by Mr. Adams, seconded by Mr. Willieims and adopted
without objection, the Trustees authorized dredge permit for the
navigation channels contingent upon receipt of payment for the
dredged material.
BROWARD COUNTY - Dredge Permit for Utility Installation,
Section 253.123(2) (b)
On motion by Mr. Adams, seconded by Mr. Christian and adopted
without objection, the Trustees authorized issuance of dredge permit
to Florida Power and Light Company for installation of a power ceOsle
in Section 30, Township 48 South, Range 43 East, Intracoastal
Waterway, Broward County, for which applicant tendered $100
processing fee and the biological report was not adverse.
DUVAL COUNTY - Dredge Permit to Improve Navigation, Section 253.123.
On motion by Mr. Christian, seconded by Mr. Adams and adopted with-
out objection, the Trustees authorized issuance of a dredge permit
to Seabrook Cove, Inc., for maintenance dredging in a manmade canal
in Sections 41 and 52, Township 2 South, Range 27 East, Arlington
River, Duval County. The material would be placed on the appli-
cant's upland, and the biological report was not adverse.
DUVAL COUNTY - Dredge Permit to Improve Navigation,
Section 253.123 Florida Statutes, File 497.
On motion by Mr. Williams, seconded by Mr. Adams and adopted without
objection, the Trustees authorized issuance of permit to Kaiser
Gypsum Company for maintenance dredging in Sections 41 and 42, Town-
ship 1 South, Range 27 East, St. Johns River, Duval County. The
silt and other materials would be placed on applicant's upland.
The biological survey report was not adverse.
DUVAL COUNTY - Dredge PerTTiit to Improve Navigation,
Section 253.123 Florida Statutes, File 514.
On motion by Mr. Dickinson, seconded by Mr. Conner and adopted
without objection, the Trustees authorized issuance of permit to
Confederate Point Apartments, Ltd., for dredging a navigation
channel 1,020 ft. long, 50 ft. wide and 5 ft. deep in Section 42,
Township 3 South, Range 26 East, Fishing Creek in Duval County.
The material would be placed on applicant's upland. The biological
survey report was not adverse.
ESCAMBIA COUNTY - Dredge Permit to Improve Navigation,
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
Ira D. Wells of Gulf Breeze, Florida, for a navigation channel
175 ft. long, 50 ft. wide and 5 ft. deep in Township 2 South, Range
27 West, Santa Rosa Sound in Escambia County. The applicant had
revised the plan to comply with recommendations in the biological
report which was not adverse, and the material removed would be
placed on upland property.
GULF COUNTY - Dredge Permit for Maintenance Dredging, Section
253.123 Florida Statutes.
Port St. Joe port Authority, represented by Tom S. Coldewey,
applied for permission to remove accumulated material from along
the shoreline which was causing channel shoaling in the harbor in
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Section 35, Township 7 South, Range 11 West, St. Joseph Bay in Gulf
County. Removal of the material was recommended by the Air and
Water Pollution Control Department, the biological report was not
adverse, and the material would be placed on upland property.
On motion by Mr. Williams, seconded by Mr. Dickinson and adopted
without objection, the Trustees authorized issuance of the permit
for maintenance dredging.
MONROE COUNTY - Dredge Permit to Improve Navigation,
Section 253.03 Florida Statutes, File 165.
On motion by Mr. Williams, seconded by Mr. Dickinson and adopted
without objection, the Trustees approved issuance of a dredge permit
to J. E. Peterson for a navigation channel 40 ft. wide, 300 ft. long
and 5 ft. deep in Big Spanish Channel in Section 18, Township 66
South, Range 30 East, Monroe County. The material removed would be
placed on the applicant's upland. Biological survey report was not
adverse .
PALM BEACH COUNTY - Dredge Permit to Improve Navigation,
Section 253.123 Florida Statutes.
Malcolm Seymour applied for a permit to dredge a navigation channel
60 ft. wide, 250 ft. long and 5 ft. deep in Section 31, Township 40
South, Range 43 East, Intracoastal Waterway, Palm Beach County, from
which the material removed would be placed on his upland property.
The biological report was not adverse.
On January 27 the applicant was issued a permit to dredge a naviga-
tion channel and boat basin - which v;ere never dredged. The $50 check
tendered as minimum payment for overdredge material will be applied
to the current application involving less than 500 cubic yards of
overdredge material (60 ft. wide channel instead of the standard
50 ft. width) .
On motion by Mr. Williams, seconded by Mr. Dickinson and adopted
without objection, the Trustees approved issuance of the dredge
permit.
PINELLAS COUNTY - Dredge Permit to Improve Navigation,
Section 253.123 Florida Statutes.
Pinellas County Water and Navigation Control Authority issued a
permit, subject to Trustees' approval, to M. F. Hebb, Jr., to dredge
a navigation channel 150 ft. by 45 ft. by 5 ft. in Section 7, Town-
ship 32 South, Range 17 East, Tampa Bay, Pinellas County. The channel
would be on submerged land in private ownership, material removed
would be placed on upland, and the biological survey report was not
adverse .
On motion by Mr. Williams, seconded by Mr. Dickinson and adopted
without objection, the Trustees approved issuance of the dredge
permit.
POLK COUNTY - Dredge Permit to Improve Uplands,
Section 253.123 Florida Statutes, File 439.
C. E. Uhls of Haines City, Florida, applied for permission to remove
700 cubic yards of material from Lake Marion in Lot 12, Lake Marion
Home Sites, Polk County. He tendered $70 payment for the material to
be placed on his upland property. The biological report was not
adverse.
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On motion by Mr. Williams, seconded by Mr. Dickinson and adopted
without objection, the Trustees authorized issuance of the permit
for taking fill material subject to the stipulations set forth in
the biological report.
ST. LUCIE COUNTY - Dredge Permit to Improve Navigation,
Section 253.123 Florida Statutes.
Windmill Village By the Sea applied for a permit for a navigation
channel 50 ft. wide, 320 ft. long and 4 ft. deep in Section 11, Town-
ship 37 South, Range 41 East, Indian River in St. Lucie County. The
material removed would be placed on applicant's upland.
The biological report was not adverse. Since the area was within an
aquatic preserve, applicant tendered check for $180 as payment for
1,800 cubic yards of material, in compliance with the policy adopted
November 18, 1968.
On motion by Mr. Williams, seconded by Mr. Dickinson and adopted
without objection, the Trustees approved issuance of the permit for
$180 charge for material.
PUTNAM COUNTY - Utility Permit, Section 253.03(7) Florida Statutes.
Southern Bell Telephone and Telegraph Company tendered check for
$100, required processing fee, for permit to lay three telephone
cables loosely on the bottom of the St. Johns River in Putnam County.
On motion by Mr. Williams, adopted without objection, the Trustees
approved issuance of the permit.
MARTIN COUNTY - Dock Permit, Section 253.03 Florida Statutes.
On motion by Mr. Christian, seconded by Mr. Williams and adopted
without objection, the Trustees authorized issuance of state commer-
cial dock permit to Henry Crane for a dock and finger piers adjacent
to applicant's upland in Manatee Pocket at Salerno in Section 23,
Township 38 South, Range 41 East, Martin County, for which all
required exhibits and $100 processing fee were submitted. The
structures will be for the general use of tenants of the apartment
house and no fees would be charged.
PINELLAS COUNTY - Dock Permit, Section 253.03 Florida Statutes.
On motion by Mr . Christian, seconded by Mr. Williams and adopted
without objection, the Trustees authorized issuance of state commer-
cial dock permit, approved by Pinellas County Water and Navigation
Control Authority, to Pasadena Apartments, Inc., for construction of
a dock at Lots 21 through 29 Pasadena Plaza in Boca Ciega Bay for
use by apartment tenants, for which all required exhibits and $100
processing fee were submitted to the Trustees' office.
OKALOOSA COUNTY - Dock Permit, Section 253.03 Florida Statutes.
On motion by Mr. Christian, seconded by Mr. Williams and adopted
without objection, the Trustees authorized issuance of state commer-
cial dock permit to Captain Howard C. Marler, Jr., for his personal
charter boat business. The structure would be in Old East Pass
Lagoon in Township 2 South, Range 24 West at Destin, Florida. All
required exhibits including $100 processing fee were submitted.
Applicant would lease no spaces.
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ST. LUCIE COUNTY - Dock Permit, Section 253.03 Florida Statutes.
On motion by Mr. Christian, seconded by Mr . Williams and adopted
without objection, the Trustees authorized issuance of state commer-
cial dock permit to Lydia Yacht, Inc., for a dock on the west side
of the St. Lucie River in Section 32, Township 37 South, Range 41
East, in St. Lucie County, for which all required exhibits and $100
processing fee were submitted. The structure would be for the
applicant's yacht construction business and no spaces would be
leased.
TRUSTEES FUNDS - In order to take full advantage of the current
high yield available through purchase of United States Treasury
Bills, staff requested authority to invest in these U. S. securities
as excess cash becomes available, without specific Board approval.
All transactions would be handled through the State Board of Adminis-
tration. There was $100,000 available for shore term investment at
this time.
Mr. Dickinson commented that this would be done through Mr. E. O.
Rolland of the Board of Administration.
On motion by Mr. Faircloth, seconded by Mr. Christian and adopted
without objection, the Trustees granted the authority requested by
the staff.
SUBJECTS UNDER CHAPTER 18296
On motion by Mr. Williams, seconded by Mr. Adams and adopted without
objection, the Trustees accepted Murphy Act Report No. 954 and
approved two regular bids for sale of parcels of land in Jefferson
and Okaloosa Counties under the provisions of Chapter 18296, Acts of
1937 - Section 192.38 Florida Statutes; also authorized execution
of deeds pertaining thereto.
REFUND - Murphy Act Lands. On motion adopted without objection,
the Trustees authorized issuance of $15 refunds to each of the
following three firms for the reason that the Department of Trans-
portation declined to recommend the requested releases of state
road right of way reservations contained in the Murphy Act deeds
listed below:
1. Dade County Murphy Act Deed No. 678,
$15 refund to Dade -Commonwealth Title and Abstract Company
2. Orange County Murphy Act Deed No. 529,
$15 refund to Bornstein, Petree and Gluckman
3. Osceola County Murphy Act Deed Ny|^4,
$15 refund to Chelsea Title anc^^i/jraSnty Company
On motion duly adopted, the meeting
ATTEST: \CL^^XAJ^K
4-14-70
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Tallahassee, Florida
April 21, 1970
The State of Florida Board of Trustees of the Internal Improvement
Trust Fund met on this date in the Governor's Office 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 Commissioner of Education
Doyle Conner Commissioner of Agriculture
James W. Apthorp Executive Director
The Trustees approved the minutes of the meeting of April 7, 1970.
COLLIER COUNTY - Bulkhead Line, Section 2 53.122 Florida Statutes.
The Board of County Commissioners of Collier County by resolution
adopted on March 3, 1970, established a bulkhead line 1,575.34 feet
long in Collier Bay in Section 6, Township 52 South, Range 25 East,
Marco Island in Collier County. All required exhibits were furnished,
there v;ere no objections at the local hearing, and the biological
survey report was not adverse.
On motion by Mr. Adams, seconded by Mr. Christian and adopted
without objection, the Trustees approved the bulkhead line as
established by Collier County.
MONROE COUNTY - Reconfirmation of Sale,
Contract Nos . 24099 and 24100(1629-44-253.12)
On September 14, 1955, the Trustees confirmed sale of two parcels
of sovereignty land in the Bay of Florida adjacent to Stock island
to Bernie C. Papy, Jr., et ux, et al. Under policies effective at
the time the sale was confirmed, the applicant entered into a
contract to purchase which had been fully paid and grantees are now
entitled to a deed.
In accordance with recommendations of the Department of Legal Affairs,
reconfirmation was required due to present statutory requirement
that at least five of the seven Trustees vote on the matter.
On motion by Mr. Christian, seconded by Mr. Adams and adopted
without objection, the Trustees reconfirmed the sale.
EASEMENTS FOR ROAD RIGHT OF WAY - Department of Transportation.
On motion by Mr. Christian, seconded by Mr. Adams and adopted
without objection, the Trustees authorized issuance of easements
for road rights of way requested by the Department of Transportation,
as follows:
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1. Jefferson and Madison Counties, Trustees File No. 2322-
33-40-253.03, approximately 1.0 acre across the bottoms
of the Aucilla River abutting Section 22, Township 1 North,
Range 6 East, to be used in connection with construction
of State Road 8 (I-IO) , Section 54001-2405. No dredging
or filling planned on the sovereignty land.
2. Madison and Hamilton Counties, Trustees File l'Io. 2323-
40-24-253.03, approximately 0.36 acre across bottoms of
the Withlacoochee River abutting Section 12, Township 1
South, Range 11 East, to be used in connection with
construction of State Road S-141, Section 35509-2601.
No dredging or filling planned on the sovereignty land.
The Department of Natural Resources had reviewed the projects and
had no objections.
MONROE COUNTY - File No. 2325-44-253 .02, Easement.
The Department of the Navy, Southeast Division, Naval Facilities
Engineering Command, requested sewer outfall easement in the Gulf of
Mexico abutting Section 20, Township 67 South, Range 26 East, Monroe
County. The easement would be 20 feet wide extending 650 feet into
the Gulf, to accommodate extension of a sewer outfall construction
in 1949. No dredging or filling was planned in connection with the
easement. The Department of Air and Water Pollution Control
offered no objection to the application.
Mr. Adams raised questions and Mr. Nathaniel P. Reed, of the Air and
Water Pollution Control Commission, spoke of the need to improve
engineering plans and construction of such outfalls, progress being
made on preparing new standards, and the fact that it was not the
line but the degree of treatment that was most important, lie urcjed
the Trustees to allow the requested outfall extension.
Motion was made by I'r . Christian, seconded by Mr. Dickinson and
adopted without objection, that the Trustees approve the sewer
outfall easement subject to compliance with requirements of the Air
and Water Pollution Control Commission.
DADE COUNTY - County Navigation Access Channel No. 6.
The Board of County Commissioners of Dade County submitted Resolution
No. R-243-70 adopted February 25, 1970, requesting the relocation
of navigation access channel No. 6 in the Biscayne National Monument
area as describsd in Resolution No. R-280-69 that was submitted by
the Board of County Commissioners and approved by the Trustees on
May 13, 1969. The point of beginning of the channel was modified
for the purpose of compatibility with the location of the bulkhead
line to be submitted to the Trustees for consideration on May 5.
There was no change in the dimensions of the proposed channel.
On motion by Mr. Williams, seconded by Mr. Dickinson and adopted
without objection, the Trustees approved the relocation of access
channel No. 6 as requested by Dade County.
LEVY CQTJNTY - Aquaculture Lease.
International Oceanographic Corporation, represented by Barrett G.
Johnson, applied for an aquaculture lease of an approximate total of
101 acres at five sites in the vicinity of Cedar Key for the purpose
of cultivating oysters. A precise legal description would be
prepared from surveys for which the applicant had deposited suffi-
cient monies to defray the survey costs. In the event the Trustees
4-21-70
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approved advertisement, a biological survey report would be requested.
Staff requested authority to advertise for bids and objections on
the following basis:
1. Ih year experimental lease with option to renew for
additional 10-year periods
2. Consideration to be given to the highest annual rental
offered with minimum rental being first Ih year at $3 per
acre, ih through 5 years at $5 per acre, 6 through 10 years
at $10 per acre
3. Royalty to be determined after first 1^ year experience
conforming to guidelines adopted by the Trustees
Motion for approval was made by Mr. Faircloth, seconded by Mr. Williams.
There was a brief discussion of this second aquaculture lease which
differed from the shrimp raising proposal. Mr. Adams noted that the
Board would be authorizing the use of the water column and Mr. Williams
commented on the method of growing oysters on strings hanging from
supporting racks. The Director said the staff thought that the rate
to be charged was sufficient, with royalties to be assessed after ih
years as in the mariculture lease (for shrimp farming). Mr. Conner
said it could have a great economic impact for the state.
Another motion for approval was made by Mr. Christian, seconded by
Mr. Dickinson, and adopted without objection.
SHELL LEASE REPORT - On motion by Mr. Dickinson, seconded by Mr.
Williams and adopted, the Trustees accepted for the record the report
showing the following remittances to Florida Department of Natural
Resources from holders of dead shell leases:
Lease No. Name of Company Amount
1718 Radcliff Materials, Inc. $ 8,990.30
17G8 Benton and Company, Inc. 17,633.50
2233 Bay Dredging and Construction Co. 4,913.55
COLLIER COUNTY - Land Exchange, Board of Education and Trustees.
The staff presented for consideration a land exchange approved on
this date by the Board of Education, whereby school Section 16, Town-
ship 49 South, Range 27 East, 640 acres in Collier County, would be
exchanged for a privately owned 180 acre tract in Section 12,
Township 49 South, Range 25 East, Collier County.
The school section, appraised at $160,000, was in a remote area of
the county and not considered suitable for school purposes. The
180 acre tract, selected by the County Board of Public Instruction
as suitable for an educational complex, was appraised at $252,500 and
described as follows: the SE^ of the NW^j; the UEk of the SW^; the
SWij of the NEij; the NW^ of the SE^; the E^ of E^ of SE^j of the SW%;
and the ^h of W^j of SW^ of SE^; all in Section 12, Township 49 South,
Range 25 East, Collier County.
On motion by Mr. Dickinson, seconded by Mr. Williams and adopted,
the Trustees approved the land exchange as approved by the Board of
Education.
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PASCO COUNTY - Offshore Campsite Leases.
Staff recommended approval of private campsite leases to the
following nine persons who filed applications in accordance with
the policy established by the Trustees on April 7, 1970. These
applicants had structures offshore in Pasco County which were
severely damaged by Hurricane Gladys in October of 1958, and
furnished information to establish that fact. Each lease area
would not exceed one acre. Annual rental of $100 would be required
for each v/ith option to renew for four additional years.
1. R. D. Stevenson, New Port Richey, Florida
2. Kendall R. Jones, Leesburg, Florida
3. Loran W. Kormaii, Port Richey, Florida
4. W. M. Stevenson, New Port Richey, Florida
5. Grant Staton, Groveland, Florida
6. Frank E. Brower, Treasure Island, Florida
7. Sam Y. Allgood, Jr., New Port Richey, Florida
8. William F. Grey, New Port Richey, Florida
9. Swartsel Groves, Inc., Elfers, Florida
On motion by Mr. Williams, seconded by Mr. Faircloth and Mr.
Dickinson, and adopted without objection, the Trustees authorized
issuance of private campsite leases to the nine applicants on the
above terms and conditions.
MONROE COUNTY - Dredge Permit for Navigation Channel,
File No. 253.03-160.
Rimer sburg Coal Company, represented by John G. McKay, Jr., and
Wilbur E. Jones, applied for permit for a perimeter navigation
channel and three access channels in Kemp Channel adjacent to
fractional Sections 21 and 23, Township 66 South, Range 28 East,
Cudjoe Key, Monroe County. Payment of $7,500 was tendered for the
75,000 cubic yards of material expected to be excavated and placed
on applicant's uplands.
Staff had conferred with applicant's representative with respect to
restoring an internal embayment area, title to which v/as vested in
the Trustees. Tentative agreement was reached that would provide
navigational access, increase water circulation and engage in a
development program that v;ould enhance the biological environment
of the embayment.
On motion by Mr. Dickinson, seconded by Mr. Christian and adopted
without objection, the Trustees approved the staff recanmendation
for approval of dredge permit conditioned upon cooperative efforts
to restore the embayment lying within fractional Sections 21 and 28,
Township 65 South, Range 28 East, Monroe County.
MONROE COUNTY - Dredge Permit to Improve Navigation, Section 253.03,
Fill Permit, Deed No. 24123(1713-44)
Theda L. Wahlberg, represented by James T. Glass, applied for permit
to dredge a navigation channel 30 ft. wide, 15 ft. deep and 170 ft.
long, and to place the fill material removed from the channel on
submerged land previously purchased in Section 27, Township 54
South, Range 35 East, Long Key, Monroe County.
The biological survey report was adverse. Staff recommended
approval of the application, as the dredging and filling would be
done on land owned by the applicant.
On motion by Mr. Dickinson, seconded by Mr. Christian and adopted
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without objection, the Trustees authorized issuance of the dredge
and fill permits.
CITRUS COUNTY - Dredge Permit to Improve Navigation,
Section 253.123 Florida Statutes.
V/. E. Patterson and Hughes Johnson applied for permission to connect
eight navigation channels to the Withlacoochee River in Sections 11
and 12, Township 21 South, Range 20 East, Citrus County. The work
would be done within applicant's ownership. The biological survey
report was adverse.
On motion by Mr. Faircloth, seconded by Mr. Dickinson and adopted
without objection, the Trustees authorized issuance of the permit.
LEE COUNTY - Dredge Permit to Improve Navigatijn,
Section 253.123 Florida Statutes.
Frederick Zacharias, represented by James DeLozier, applied for
permission to connect a navigation channel 60 ft. wide and 8 ft.
deep to the Imperial River. The biological report was adverse, but
staff recommended approval as all of Section 34, Township 47 South,
Range 25 East, Lee County, %>;as previously conveyed into private
ownership and the applicant needed a permit to connect to sovereignty
waters.
On motion by Mr. Dickinson, adopted without objection, the TriBtees
authorized issuance of the dredge permit.
COLLIER COUWTY - Dredge Permit, Section 253.123, Florida Statutes.
Deed File No. 1093-11.
The City of Naples applied for permit for maintenance dredging in
Gordon Pass in Township 50 South, Range 25 East, Collier County, and
by resolution requested waiver of the IOC per cubic yard requirement
for the dredge material. The spoil would be deposited landward of
an established bulkhead line on submerged land purchased under Deed
No. 23068 and in a mangrove area located inland that had been
used previously as a spoil area.
The Bureau of Beaches and Shores had no objection to the dredging
and spoiling. Staff requested waiver of biological study as
provided for in Section 253 .123 (3) (a) Florida Statutes.
The Director said that ordinarily the Trustees waived charge to
municipalities for public navigation purposes.
On motion by Mr. Conner, seconded by Mr. Williams and Mr. Dickinson,
the Trustees authorized dredge permit without biological study,
and waived charge for the material.
DUVAL COUNTY - Dredge Permit, Maintenance Dredging, Section 253.123,
The City of Jacksonville applied for a permit for maintenance
dredging in the St. Johns River Marina, St. Johns River, Section
44, Township 2 South, Range 26 East, Duval County. The material
removed would be deposited in the spoil area for the Jacksonville
Harbor recently granted to the Jacksonville Port Authority.
Biological survey report was not adverse.
On motion by Mr. Dickinson, seconded by Mr. Christian and adopted
v/ithout objection, the Trustees authorized issuance of the permit.
4-21-70
- 661
DUVAL COUNTY - Dredge ^ermit, Maintenance Dredging, Section 253.123.
Jacksonville Shipyards, Inc., requested permit for maintenance
dredging in the St. Johns River in Township 2 South, Range 26 East,
Duval County. The material removed would be deposited in an exist-
ing spoil area under easement to the United States Corps of Engineers,
The biological survey report was not adverse.
On motion by Mr. Dickinson, seconded by Mr. Christian and adopted
without objection, the Trustees authorized issuance of the permit.
SANTA ROSA COUNTY - Dredge Permit, Maintenance Dredging,
Section 253.123 Florida Statutes.
Carl T. Hoffman requested permit for maintenance dredging in
Hoffman Bayou, Section 5, Township 3 South, Range 30 West, Santa
Rosa County. The material removed from the 50 ft. wide, 5 ft. deep
and 380 ft. long channel would be placed above the mean high water
line. The biological survey report was not adverse.
On motion by Mr. Williams, seconded by Mr. Faircloth and adopted
without objection, the Trustees authorized issuance of the permit.
BROWARD COUNTY - Dredge Permit, Utility Installation,
Section 253.123(2) (b)
Forty-Twenty, Inc., represented by J. W. McLaughlin, applied for
a dredge permit for installing two outfall lines in Section 19,
Township 49 South, Range 43 East, Atlantic Ocean in Broward County,
for the purpose of disposing of rain water accumulated on the roof
of adjacent building and air conditioning condensation water. The
applicant tendered check for $100 as payment of the processing fee.
The biological survey report was not adverse, and the Bureau of
Beaches and Shores, Department of Natural Resources, had no
objection to the project.
On a motion by Mr. Christian, seconded by Mr. Williams and adopted
withouc objection, the Trustees authorized issuance of the permit.
DADE COUNTY - Utility Permit, Section 253.03(7) Florida Statutes.
On motion by Mr. Christian, seconded by Mr. Williams and adopted
without objection, the Trustees approved the application of Florida
Power and Light Company for a permit to place a telephone cable
on the bottom of Indian Creek in Section 11, Township 53 South,
Range 42 East, Dade County. The $100 processing fee v;as submitted
by the applicant.
COLLIER COUNTY - State Commercial Dock Permit, Moorings,
Section 253.03 Florida Statutes.
On motion made by Mr. Adams, seconded by Mr. Christian and adopted
without objection, the Trustees approved the application of
Everglades Fisheries, Inc., by Clayton Jones, Manager, for a permit
for a mooring facility adjacent to applicant's upland property in
the Barron River in Everglades, Florida, in Section 11, Township
53 South, Range 29 East, Collier County. Applicant subuiitted the
$100 processing fee and appropriate exhibits.
ST. LUCIE COUNTY - State Commercial Dock Permit,
Section 253.03 Florida Statutes.
Estate Capital Development Corporation, represented by Arthur F.
Wood, applied for a state commercial dock permit for a facility
4-21-70
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adjacent to applicant's upland in Faber Cove and the Indian River
in Section 1, Township 35 South, Range 40 East, in St. Lucie County.
The facility would be for the general use of tenants of the condo-
minium with no fees charged. Applicant submitted the $100 processing
fee and all required exhibits.
On motion by Mr. v/illiams, seconded by Mr. Christian and adopted
v/ithout objection, the Trustees authorized issuance of the permit.
DADE COUITTY - Rock Mining Lease.
On April 14, 1970, the Trustees deferred the awarding of bid for a
rock mining lease on Hiatus Lots 4 and 5, Tov/nship 53/54 South, Range
39 East, containing 1,015.5 acres in Dade County. Bids with accom-
panying recreation plans submitted by Florida Stone and Materials,
Inc., and Maule Industries, Inc., had been reviewed further by the
staffs of the Trustees' office and the Division of Recreation and
Parks. Upon completion of the mining operations the site was to be
left in condition for public recreation. On this date the staff
recommended the bid of Florida Stone and Materials, Inc., on the
basis that while their royalty bid was only 8.6 cents per short ton,
their recreation proposal was considered the best one, over all, by
the Division of .recreation and parks as the firm made a commitment
to place recreation facilities and equipment presently valued at
As \ $1,486,000 on the site v;hen they vacate.
correctecy
May 12/I4aule Industries, Inc., bid 12.3 cents per short ton and also
submitted a more desirable recreation plan in the opinion of the
Division of Recreation and Parks. Maurice A. Ferre, president of
the company, made a lengthy presentation opposing the staff recommen-
dation. He said it was not businesslike, that the bidding was not
on the same basis, that Maule 's bid was higher and its recreation
plan would create two lakes and leave more land for camp sites. He
suggested that the Board readvertise for bids and specify the
recreation plan in advance. Mr. Ferre called attention to his
letter (read to the Trustees on April 7) objecting to the pr?-posal
ss not being in the public interest, being against private enterprise,
setting a bad precedent; but his company had submitted a bid in the
interest of its stockholders.
Mr. Dickinson objected to certain reports which he said had miscon-
strued the facts. He pointed out that this Cabinet was not respon-
sible for the rock pits in Dade County, some of which had been there
many years. Lime is a mineral to be extracted and used, the Board
hears any citizen on matters under the Trustees' jurisdiction, and
Mr. Dickinson said the protection of the people's land and rights
takes up about half of the Cabinet's time at each weekly meeting.
He thought the Legislature should provide for state-wide long-range
planning in respect to state land and its best use.
T. E. Bronson, president of Florida Stone and Materials, Inc., at
length discussed that firm's bid and recreation plan which he
envisioned as a concept of private business joining with state
government to meet public recreation requirements at no additional
cost to the State of Florida. His company planned to expand its
mining operations where reserves were available and had been informed
that the subject land was not for sale. Under lease he thought his
company would be proud to participate in providing for public
recreation.
The Trustees asked a number of questions, expressing some question
about the bidding as advertised. Mr. Adams noted the difference in
4-21-70
- 663
philosophies of the two bidders, the concern of the Board not only
for the dollar productivity but even more for the recreation area
to be left after the mining was completed. Mr .Adams favored the
proposal of Maule industries. Inc., for reasons which he explained.
The Director exhibited maps, recreation plans of the two bidders,
and discussed staff work on the bid proposal and lease terms. The
master recreation plan would be a part of the lease and had to be
complied with in addition to the mining operation. All the prospec-
tive bidders had been offered the advice of the Recreation and Parks
staff in developing their recreation plans, and the staff had
consulted Dade County, also.
Mr. Christian made a motion that the matter be postponed for two
weeks, which was seconded by Mr. Faircloth and adopted without
objection.
SUBJECTS UNDER CHAPTER 18296
BROWARD COUNTY - Release Reservation.
Joseph M. Fitzgerald, on behalf of St. Elizabeth Gardens, Inc., a
Florida corporation not for profit, requested waiver of the usual
regulation as to size limitation for the release of the oil and
mineral rights reserved in Broward County Deed No. 2631 dated
August 30, 1945, for six and three-fourths acres in Section 24,
Township 48 South, Range 42 East, Broward County, for the land to
be used as a site for the construction of housing for elderly
people with limited resources.
Under the statutory provisions, the whole area might not be
considered a building site, but the staff considered that for a
payment of $30 per acre or fractional acre, or a total of $210, the
State of Florida would be compensated for the oil and mineral
interest. The oil, gas and mineral value was determined by Dr.
Robert O. Vernon of the Department of Natural Resources.
On motion by Mr. Faircloth, seconded by Mr. Dickinson and adopted
without objection, the Trustees approved release of the mineral
rights as requested, upon payment of $210 by the applicant.
On motion duly adopted, the meeting
ATTEST:
* * *
4-21-70
- 664 -
Tallahassee, Florida
April 28, 1970
The State of Florida Board of Trustees of the Internal Improvement
Trust Fund met on this date in the Governor's Office in the jCapitol,
with the following members present:
Claude R. Kirk, Jr. Governor
Tom Adams Secretary of State
Floyd T. Christian Commissioner of Education
Doyle Conner Commissioner of Agriculture
James W. Apthorp Executive Director
The Trustees approved the minutes of the meeting of April 14, 1970
PINELLAS COUNTY - Dredging, Trustees File No. 306-52,
SAJSP Permit (59-277)
On January 27, 1970, the Trustees entered into an agreement to amend
an original contract between the Trustees, City of Dunedin, and Curlew
Properties, inc., predecessor to Honeymoon Isle Development Corpora-
tion and Caladesi Corporation. Amended drawings were submitted
showing the modified fill areas. An amended SAJSP Permit (59-277)
was received on March 13, 1970.
The Department of Natural Resources and Game and Fresh Water Fish
Commission were requested to comment on the amended permit on March
16, 1970. Response from the Department of Natural Resources stated
that adverse effects could still be expected from this project due
to spoiling, siltation and water turbidity. The Bureau of Beaches
and Shores did not object but indicated that a permit for groin
installation was to be secured from that Bureau. On April 9 the
Game and Fresh ►'/ater Fish Commission was again asked for comment,
and to date no response has been received.
On March 17, 1970, in compliance with paragraph 14 of the original
contract, the City of Dunedin was notified that the Honeymoon Island
permit would be presented to the Trustees for final approval in no
less than 30 days. Pinellas County Water and Navigation Control
Authority was furnished a copy of the notice and has not responded.
The Air and Water Pollution Control Commission disapproved the
project.
Staff recommended that the Trustees waive objection ("no protest")
to issuance of SAJSP Perinit (59-277) as amended, consistent with
Trustees' action on January 27, 1970, when the Trustees entered
into the Amendment to Contract.
Mr. Adams said the staff had worked to improve the conditions of an
old contract, that according to some legal opinions the Trustees
had received it was a valid contract, that after the owners had
agreed to the amendment of the contract in January there was some
moral obligation to "no protest" issuance of the Corps permit and
the Trustees would be better off with the amendment than if by
litigation the original Bartholomew plan was reinstated for the
development. He recommended, however, that any "no protest" be
conditioned on protective controls by the developer to safeguard
water quality. The Director said the response to the Corps of
Engineers might be made conditioned on proper diking, turbidity
4-28-70
- 665 -
tests, and other measures required in similar project.
Mr. Apthorp explained what had been accomplished in the contract
amendment, that the staff had consulted the Department of Natural
Resources, Air and v/ater Pollution Control Board, United States Fish
and Wildlife representatives, Pinellas County, Florida Recreation
and Parks Bureau representatives. Coastal Engineering Laboratory of
the University of Florida. The staff had tried to incorporate as
much that was recommended as the developer was willing in order to
preserve the most biologically valuable portions of the site - but
there would be some damage cone, of course, by the dredging and
filling .
Mr. Adams and Mr. Christian thought it would be better to allow the
work to proceed under the am.ended plan than to deny approval and
possibly be required by litigation to reinstate the original plan
proposed by the Curlew Properties plan (Bartholomew plan) , and the
Director thought the amendment was the best solution that could be
obtained. He would consult further with Mr. Reed as suggested.
The Corps of Engineers, having received conflicting reports from the
state agencies, had asked the Trustees to state one position, and the
deadline of their period of advertisement of the permit was May 13.
Mr. Nathaniel Reed said he had not been involved in negotiating the
contract amendment, that the Air and Water Pollution Control Commis-
sion disapproved because of aspects of turbidity, siltation and water
quality, that the trade had involved saving the great estuarine flats
east of the island which should be protected against siltation. He
summed up the Trustees' problem as the old contract and whether the
amendment was a good compromise. He did not think further studies
would produce anything different.
Governor Kirk said the Attorney General's recent opinion had taken
the position of supporting the City of Dunedin. With reference to
protests from the local legislative delegation, he said the Board
recognized the power of the Legislature to enact laws and the local
officials to act at the local level - and the Cabinet was in complete
agreement with their desires. But the Governor pointed out that this
was an executive decision to be made, the staff had completed a very
thorough study, and he did not see how any further public hearings
would accomplish anything different.
Mr. Adams also said the decision was one to be made by the Trustees,
that the staff had achieved what seemed to be a reasonable settle-
ment six months ago. Mr. Christian pointed out that the developer
had made a concession in giving back 700 acres, that the Board had to
make the best of the 1959 contract.
Present on this date in opposition to granting the dredge and fill
permit were Representative Roger H. Wilson, Representative Ed S.
Whitson, Jr., and Representative A. S. (Jim) Robinson. Representa-
tive Wilson advised that the House Conservation Committee was
reviewing the project and expected to receive additional studies,
that the Pinellas County delegation had asked the Corps of Engineers
to hold another public hearing. He asked the Board to delay action
and suggested that developers sometimes could be made aware of
public feelings and pressures.
Representative Whitson also asked for delay for the House Committee
to complete its review and possibly to secure additional legal
counsel. He said a governmental regulatory authority, such as the
Trustees, could not contract away its rights to regulate and the
4-28-70
666 -
corps of Engineers in its discretion could deny the permit based
on recommendations of the state regulatory authority.
Representative Robinson urged the Trustees to grant a delay, during
which time the Corps might decide to hold a hearing and conclude the
project was not in the public interest.
The proximity of Caladesi State Park was pointed out many times and
the need to protect it from destruction of ecological values.
Mayor Gerald S. Rehm, for the City of Dunedin, said he had asked the
Attorney General for an opinion on the contract in response to a
letter from the Corps of Engineers enclosing the Pinellas County
request for a public hearing at the county level. He pointed out
the efforts of the city to work in a proper and legal way and their
consulting engineers' work to preserve water quality. The city had
experienced many delays and harassment. The people of Dunedin and
Pinellas County wanted a public beach, he said, which the developers
were to provide.
Members expressed the opinion that the facts were before them and
they were ready to act - but not opposed to delay for two weeks in
consideration of the request of the legislative delegation.
Mr. Conner expressed concern that the Legislature would come in on a
specified project and attempt to render a decision, although the
cabinet would certainly appreciate any enlightenment they could add.
He also questioned expenditure of funds by the legislature as
suggested for hiring additional legal counsel.
Mr. W. V. Register, president of Caladesi Corporation, said he
would not object if the Board postponed action for two weeks, but
that many delays and harassments had already been experienced.
The Governor said he deserved to have a decision made.
On motion by Mr. Christian, seconded by Mr. Conner and adopted
without objection, the Trustees agreed to delay action for two
weeks as a date certain when they would make a decision based on
the recommendations of the staff.
The Director called attention to the very significant reduction in
sales of submerged lands in the period from 1956 to 1959, and that
the average price received for state land had increased greatly
during that period of time.
LEE COUNTY - File No. 2298-35-253.12, Application V/ithdrawn.
In accordance with the applicant's telephone call on April 23 request-
ing that application of Andre Cornu for a parcel of sovereignty land
in Ostego Bay abutting Section 29, Township 45 South, Range 24 East,
Estero Island, Lee County, be withdrawn, the staff recommended that
the file be deactivated without refund as the parcel had already
been advertised for sale.
The parcel had been appraised at $2,495.00 per acre or $500 for the
0.2 acre applied for which was landward of the approved bulkhead
line. The biological survey report was not adverse.
On motion by Mr. Christian, seconded by Mr. Adams and adopted
without objection, the Trustees directed the staff to deactivate
the file.
4-28-70
- 667 -
OSCEOLA COUNTY - File No. 2299-49-253.36, Land Sale.
For the reason that only four members were present on this date,
the Trustees deferred consideration of confirmation of sale of 0.6
acre of reclaimed lake bottom land to Temple Baptist Building
Association, Inc., represented by O. Preston Johnson.
MONROE COUNTY - File No. 2291-44-253.12, Defer Land Sale.
Staff requested deferment at the request of an objector, of considera-
tion of sale of a parcel of sovereignty land in the Atlantic Ocean
abutting Government Lot 1, Section 19, Township 63 South, Range 38
East, Plantation Key, applied for by Herbert J. McCauley, et ux.
There were questions of upland riparian rights to be resolved.
On motion by Mr. Adams, seconded by Mr. Christian and adopted
without objection, the Trustees deferred action on the land sale.
INDIAN RIVER COUNTY - File No. 2237-31-253.129, Disclaimer.
The Oslo Packing Company of Vero Beach applied for a disclaimer to
a parcel of filled sovereignty land embracing 0.073 acre in Bethel
Creek abutting Section 29, Township 32 South, Range 40 East, Indian
River County. The parcel was filled in 1950, all required exhibits
were submitted and staff recommended disclaimer for $100 processing
fee .
On motion by Mr .Christian, seconded by Mr. Adams and adopted without
objection, the Trustees approved issuance of the disclaimer.
DUV2\L COUNTY - File No. 2324 - 16 - 253.03, Easement.
The Department of the Navy requested sewer outfall easement in the
St. Johns River abutting Section 39, Township 3 South, Range 36 East,
Duval County, extending 568 feet into the river and covering 0.26
acre parcel of sovereignty land. A dredging permit to install the
line was issued September 30, 1969.
The Department of Air and Water Pollution Control offered no
objection to the application.
On motion by Mr. Christian, seconded by Mr. Conner and adopted
without objection, the Trustees authorized issuance of the easement.
BREVARD COUNTY - Temporary Borrow Easement, Section 253 .03 Florida
Statutes, and Dredge -Permit.
The Department of Transportation requested temporary borrow easement
and a dredge permit for a parcel of sovereignty land in the Indian
River adjacent to Section 22, Township 26 South, Range 37 East,
Brevard County, containing 3.56 acres, more or less, from which
material would be used in construction of Pineda Causeway, State
Road 404, Section 70004-2503. The dredge area would serve as a
navigation channel upon completion of the roadway.
The Department of Natural Resources had reviewed and had no objec-
tion to the project. Staff recommended issuance of the easement and
dredge permit.
Motion was made by Mr. Conner and seconded by Mr. Christian to
approve the application, but the motion was withdrawn upon Mr. Adams
asking a number of. questions and referring to excessive siltation
in the Indian River. Pie also suggested that the design should be
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reexamined to see if a bridge rather than earthern causeway might
be better. Mr. Nathanial Reed said he did not know what might be
done after construction had started, but solid causeways always were
problems ,
On motion by Mr. Conner, adopted without objection, the Trustees
deferred action to allow the Director and Mr. Reed to make further
investigation. Governor Kirk asked the Department of Natural Resources
to assist, also.
ESCAMBIA AND SANTA ROSA COUNTIES - Policy. The staff requested
authority to request the Boards of County Commissioners of Escambia
and Santa Rosa counties to endorse a proposed policy relative to
dredging, filling, pollution, and improvement of water quality in
Perdido Bay, Escambia Bay and their tributaries, as follows:
No further construction dredging shall be permitted in
Perdido Bay and Escambia Bay until a plan for development of
the shoreline has been established. At that time, construction
dredging shall be permitted only in accordance with this plan,
to be completed within one year by representatives of Baldwin
County, Alabama, Escambia County, Florida, the State of Florida,
the State of Alabama, U. S. Corps of Engineers and the U. S.
Department of the Interior. Any necessary maintenance dredging
in the interim shall be conducted by diking the spoil area
and controlling runoff through a system of spillway pipes
connected to vertical risers. All dredging material shall be
deposited within the diked areas located on upland sites only.
All existing channels requiring maintenance shall be done
only with hydraulic pipeline dredging equipment.
In addition, staff requested authority to ask the said counties to
initiate action toward preparing a plan controlling shoreline develop-
ment compatible with objectives adopted at the Perdido Bay Conference
on pollution held on January 22, 1970, at Gulf Breeze, Florida.
On motion by Mr. Christian, seconded by Mr. Adams and adopted without
objection, the Trustees authorized the staff to proceed as requested.
SANTA ROSA COUNTY - Live Oak Naval Reservation.
The Department of the Interior, through the Bureau of Outdoor
Recreation in Washington, D. C, had served notice on Governor Kirk
that the Federal Government will exercise its right of reverter to
the 1,700 acre Live Oak Naval Reservation located in Santa Rosa
County on the basis of an alleged failure on the part of the State
of Florida to use the land exclusively for public park purposes.
Staff counsel recommended, that appropriate action be pursued in the
proper courts by the Trustees. The Director said the claims under
Spanish land grants were involved, and the staff would like to
initiate a law suit including all the parties. Mr. Christian said
the Attorney General might join in the case, which would be pursued
by Trustees' staff counsel.
On motion by Mr. Christian, seconded by Mr. Adcims and adopted with-
out objection, the Trustees authorized counsel to proceed.
CHARLOTTE, LEE, COLLIER COUNTIES - Core Borings.
Mr. F. W. Wanzenberg, represented by Honorable Russell 0. Morrow,
applied for permission for exploratory core boring in the Gulf of
Mexico, Charlotte Harbor, Pine Island Sound, San Carlos Bay and
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Gullivan Bay. Samples not exceeding 500 in number will be obtained
by pushing a four-inch pipe into the sediment soil, securing a core
of soil not exceeding one ciibic foot per sample. Samples would be
taken within a ten months' period.
No sampling would be allowed in aquatic preserves. Staff recommended
approval without requiring a biological study.
It was decided that as far as the Trustees were concerned, the work
could proceed. As to any valid leases that might be in the subject
area, the applicant would be responsible for obtaining consent if
necessary.
On motion by Mr. Christian, seconded by Mr. Conner and a opted
without objection, the Trustees waived the requirement for biological
survey and approved issuance of permit for taking core samples.
DADE COUNTY - Dredge Permit, Section 253.123 Florida Statutes;
Amendment to Permit 218; SAJSP Permit (69-59)
On January 28, 1969, the Trustees approved a dredge permit to Donarl
of Florida, Inc., represented by William J. Roberts, for the removal
of 4,950,000 cubic yards of material from 59.1 acres in Dumfoundling
Bay in Sections 2, 3, 10 and 11, Township 52 South, Range 42 East,
Dade County. The original dredge depth was minus-37.0 feet. The
biological report was adverse.
Due to what might be construed as an encroachment, the applicant
proposed to reduce the dredge area to 42.27 acres and dredge to
minus-55.0 feet in depth. Staff recommended approval, as the amended
dredge area was within the limits of the dredge area previously
approved on January 28, 3969.
Answering Mr. Adams' question, the Director advised that Dade County
had filed its bulkhead line which the staff would place on the
agenda in two weeks .
On motion by Mr. Adams, seconded by Mr. Christian and adopted
without objection, the Trustees approved the amended dredge permit.
FRANKLIN COUNTY - Dredge Permit to Improve Navigation,
Section 253.123 F. S., File 522.
On motion by Mr. Christian, seconded by Mr. Adams and adopted
without objection, the Trustees approved the applicatiai of Clayton
Taff and Othan Porter for a dredge permit for a channel connection
to provide entrance to Alligator Harbor in Section 6, Township 7
South, Range 1 West, Franklin County.
The material removed would be placed on applicants' upland, the
biological report was not adverse, and except for entrance dredging
all work would be within platted upland property.
NASSAU COUNTY - Dredge Permit to Improve Navigation,
Section 253.123 F. S., File 474.
Interpace corporation, represented by Harold A. Scott, requested
permission to connect a 100 ft. wide navigation channel to Kingsley
Creek (intracoastal Waterway) in Section 46, Township 2 North, Range
28 East, Nassau County. The application was deferred by the Board
on March 17, 1970.
The biological report was adverse to spoiling on marsh lands within
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the applicant's ownership, even after the applicant amended the
area and eliminated about 30 acres of its ownership.
The Director explained that the Trustees' authority was limited to
the connection to be dredged into the Intracoastal Waterway from
the private land. Mr. Adams noted that the work involved private
land, but it was another step in damaging the biological values in
the marshes.
On motion by Mr. Christian, seconded by Mr. Conner and adopted
without objection, the Trustees authorized issuance of the dredge
permit to provide a connection from the applicant's channel into
the Intracoastal Waterway.
SAI^TA ROSA COUNTY - Dredge Permit, to Improve Upland,
Section 253.123 Florida Statutes.
On motion by Mr. Christian, seconded by Mr. Adams and adopted
without objection, the Trustees approved application of Robert A.
Duncan for removal of 173 cubic yards of material from Pensacola Bay
in Section 7, Township 3 South, Range 29 West, Santa Rosa County,
to deposit on his upland property. Applicant tendered check for
$50 as minimum payment. The biological report was not adverse.
ST. LUCIE COUNTY - Dredge Permit, to Improve Navigation,
Section 253.123 Florida Statutes.
General Development Corporation applied for permission to connect
fifteen navigation channels to North Fork St. Lucie River, Sections
20, 21, 22, 27, 28, 33, 34, 35 in Township 36 South, Range 40 East,
and Sections 2, 3, 10, 11, 14, 15, 22, 23, 24, 26, 27 in Township
37 South, Range 40 East, St. Lucie County.
When the application was filed the biological report was adverse,
noting that some work already done had caused adverse effects.
Damage had been rectified, the application amended, and the
biological report was not adverse.
On motion by Mr. Christian, seconded by Mr. Adams and adopted
without objection, the Trustees approved issuance of a dredge
permit subject to the following stipulations recommended by the
staff:
1. All inland dredging must be completed prior to connection
of canals to river.
2. Canals that have already been connected must be plugged
until inland dredging is completed.
3. Applicant must work with Department -^f Natural Resources
concerning planting and preservation of mangroves.
VOLUSIA COUNTY - Dredge Permit, Maintenance Dredging,
Section 253.123, File 523.
On motion by Mr. Adams, seconded by Mr. Christian and adopted
without objection, the Trustees approved the application from the
Department of Natural Resources, Division of Recreation and Parks,
for maintenance dredging in an existing boat basin at Tomoka State
Park, Tomoka River in Section 29, Township 13 South, Range 32 East,
Volusia county. Spoil material would be placed above the mean
high water line and the biological report was not adverse.
DADE COUNTY - Utility Permit, Section 253.03(7)
On motion by Mr. Adams, seconded by Mr. Christian and adopted, the
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Trustees approved the application from Florida Power and Light
company for permission to lay a power cable on the bottom of Indian
Creek in Section 3, Township 53 South, Range 40 East, Dade County,
for which applicant had tendered the required fee of $100.
PALM BEACH COUNTY - Dredge Permits, Section 253.123 (2) (b) F. S.
Teleprompter of Florida Cable T. V. made application for three
permits to dredge to install submarine cables in the Intracoastal
Waterway at the following locations: (1) at Southern Boulevard
Bridge in Section 3, Township 43 South, Range 43 East; (2) at Royal
Palm Bridge in Section 22, Township 43 South, Range 43 East; and
(3) at Flagler Memorial Bridge in Section 22, Township 42 South,
Range 43 East, all in Palm Beach County.
The biological reports were not adverse. Applicant tendered $100
processing fee for each permit.
On motion by Mr. Conner, seconded by Mr. Christian and adopted, the
Trustees authorized issuance of three dredge permits to the applicant,
ESCAMBL?^ COUNTY - Marina License, Section 253.03 Florida Statutes.
Staff recommended issuance of a marina license to Quadricentennial,
Inc., in care of Soule Construction Company of Pensacola, Florida,
for a marina facility 1.78 acres in size on Santa Rosa Island in
Township 3 South, Range 29 West, Escambia County.
The license, to be issued upon receipt of the required annual fee of
$1,548.40, would provide for installation of docks, slips and
dredging to improve navigation, with all dredged material to be
placed on upland property. License would not be granted until
satisfactory method of waste disposal had been incorporated into
the facility.
The biological survey report was not adverse.
On motion by Mr. Adams, seconded by Mr. Christian and adopted
without objection, the Trustees authorized issuance of a marina
license subject to all requirements.
ESCAMBIA AND SAtJTA ROSA COUNTIES - Advertise Oil and Gas Lease.
The Louisiana Land and Exploration Company requested the Trustees to
offer for an oil and gas drilling lease those portions of the
Escambia River including Tributaries owned by the Trustees in
Sections 29, 30, 32, 33, 34, Township 6 North, Range 29 West;
Sections 25, 36, 37, Township 6 North, Range 30 West; Section 7,
Township 5 North, Range 29 West; and Sections 1, 2, 3, 11, 38, 39,
40, Township 5 North, Range 30 West; all lying in Escambia and Santa
Rosa Counties and estimated to contain 205 acres, more or less.
The State Geologist approved the offering for lease with special
terms, as follows: The company agrees to a provision to be put in
the state lease form to the effect that drilling operations will not
be conducted in the river or its tributaries. Directional offset
wells would be required under the river, in the event production
was obtained on adjoining land. All wells would be drilled to 6,000
feet or to the sediments of the Jurassic Age or sediments equivalent
to those producing in the Humble-Wessner No. 1 Well in Esceunbia
County, Alabama.
On motion by Mr. Christian, seconded by Mr. Adams and adopted
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without objection, the Trustees authorized the land advertised for
sealed bids for a five-year lease at annual rental of $1 per acre,
one-eighth royalty, pursuant to law.
HENDRY COUNTY - Advertise Oil and Gas Lease.
Sun Oil Company requested the Trustees to advertise for sealed bids
for an oil and gas drilling lease of the reserved one-half interest
of the Trustees in all of Section 27, mh and SE% of Section 33, and
W^ of Section 35, Township 47 South, Range 32 East, Hendry Coxinty,
containing 1,440 surface acres or 720 net mineral acres.
Staff recoimnended advertising the reserved dLnterest in the said land
for sealed bids for a five-year primary term lease with annual rental
of $1 per net mineral acre, one-eighth royalty, and requirement that
at least one test well be drilled every 2^ years of the lease, each
test well to be drilled to a depth of 6,000 feet or to the top of
the Lower Cretaceous, whichever is deeper, as recommended by the
State Geologist.
On motion by Mr. Christian, seconded by Mr. Adcims and adopted
without objection, the Trustees authorized the land advertised for
sealed bids as recommended by the staff, pursuant to law.
HENDRY COUNTY - Advertise Oil and Gas Lease.
Craig Castle of Jackson, Mississippi, applied for an oil and gas
drilling lease covering the reserved one-half interest of the Board
in privately-owned land described as the E^ of Section 11, W^ and
NE% of Section 23, in Township 46 South, Range 32 East, containing
800 surface acres or 400 net mineral acres.
Staff recommended advertising the reserved interest in the said
land for sealed bids for a five-year primary term lease with annual
rental of $1 per net mineral acre, one-eighth royalty, and require-
ment that at least one test well be drilled every 2-2 years of the
lease, each test well to be drilled to a depth of 6,000 feet or to
the top of the Lower cretaceous, whichever is deeper, as recommended
by the State Geologist.
On motion by l-lr. Christian, seconded by Mr. Adams and adopted
without objection, the Trustees authorized the land advertised for
sealed bids as recommended by the staff, pursuant to law.
HENDRY COUNTY - Trustees and State Board of Education,
Advertise Oil and Gas Lease.
Craig Castle of Jackson, Mississippi, requested the Board to offer
for sale an oil and gas drilling lease covering the reserved one-
half interest of the Board of Education in Section 16, Township 46
South, Range 33 East, Hendry County, containing 640 acres or 320
net mineral acres. The land was in private ownership.
Staff recommended that the Trustees, pursuant to Section 4, Chapter
69-369, Laws of Florida (Section 253.52 Florida Statutes), adver-
tise for sealed bids for a five-year primary term lease with annual
rental of $1 per net mineral acre, one-eighth royalty and require-
ment that at least one test well be drilled every iH years of the
lease, each test well to be drilled to a depth of 6,000 feet or to
the Lower Cretaceous, whichever is deeper, as recommended by the
State Geologist. The bond required by law will be in the amount
of $50,000.
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673
In accordance with approval by the Board of Education on this date,
the Trustees authorized advertisement for oil and gas lease,
pursuant to law.
COLLIER COUNTY - Trustees and State Board of Education,
Advertise Oil and Gas Lease.
Phillips Petroleum Company requested the Trustees to offer for sale
an oil and gas drilling lease of all of Section 16, Township 49
South, Range 31 East, Collier County, containing 640 acres.
The staff recommended that the Trustees, pursuant to Section 4,
Chapter 69-369, Laws of Florida (Section 253.52 Florida Statutes),
advertise for sealed bids for a five-year primary term lease with
annual rental of $1 per acre, one-eighth royalty and requirement that
at least one test well be drilled every 2^ years of the lease, each
test well to be drilled to a depth of 6,000 feet or to the top of the
Lower Cretaceous, whichever is deeper, as recommended by the State
Geologist. The bond required by law will be in the amount of $50,000.
In accordance with approval by the Board of Education on this date,
the Trustees authorized advertisement for oil and gas lease,
pursuant to law.
Mr. James T. Williams of the Trustees' office. Division of Land
Records, stated that the staff had completed a review of all leases
after changes in the law by the 1969 Legislature, and a lease form
had been prepared which was considered to offer greater protection.
DADE COUNTY - Rock Mining Lease and Recreation Plans.
Last week the Trustees deferred for two weeks any action on two bids
received from Maule Industries, Inc., and Florida Stone and Materials,
Inc., for rock mining lease of Dade County land.
Mr. Adams brought the matter up, stating that as a result of the
discussions last week several things had become apparent. He
referred to the letter from Governor Kirk to the members following
the meeting and said he agreed that the best thing to do would be
to reject both bids and direct the staff of the Division of Recrea-
tion and Parks to prepare a recreation layout to remain after
completion of the mining operation. Mr. Adams also would recommend
a high annual minimum rent in the lease.
The Director pointed out that it might be better to delay action
until the bidders had been notified, but that he could contact the
recreation and parks staff. Mr. Adams said the Board could instruct
him to have the matter on the agenda next week on that basis, and
Mr. Christian was in agreement.
There being no objection, it was so ordered.
On motion duly adopted, the meeting wa
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ATTEST :
Aaa^ijj..
[ECUTIVE DIRECTOR
Tallahassee, Florida
May 5, 1970
The State of Florida Board of Trustees of the Internal Improvement
Trust Fund met on this date in the Governor's office in the Capitol,
with the following members present:
Claude R. Kirk, Jr,
Tom Adams
Earl Faircloth
Fred O. Dickinson,
Broward Williams
Floyd T. Christian
James w. Ap thorp
Jr.
Governor
Secretary of State
Attorney General
Comptroller (Present part time)
Treasurer
Commissioner of Education
Executive Director
The Trustees approved minutes of the meeting on April 21, 1970.
DADE COUNTY - 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 unincorporated Dade County, shown on an advance
agenda as scheduled for consideration May 5, were rescheduled for
May 12 at the request of Dade County Commission.
Mr. Adams commented on the location of the bulkhead lines and that
he understood there were some who wanted the line moved further
landward. The Director said the members would receive the staff
recommendations in a few days.
MONROE COUNTY - File No. 2083-44-253.12, Land Sale Deferred.
The Trustees deferred action at the request of Mr. Conner on an
application for sovereignty land in the Atlantic Ocean abutting
Section 21, Township 60 South, Range 40 East, Key Largo, applied
for by Howard M. Post.
MONROE COUNTY - File No. 2294-44-253.12, Land Sale.
On March 24, 1970, the Trustees authorized advertisement of a parcel
of sovereignty land in the Straits of Florida abutting Section 18,
Township 63 South, Range 38 East, 1.3 acres at Plantation Key in
Monroe County. Dr. Herbert S. Zim offered the appraised value,
$2,150.00 for the parcel, in order to obtain title to improvements
within the parcel that was developed as a boat basin in 1954 by a
prior owner, and also to reconstruct breakwaters to protect the
existing boat basin. The proposed sale was advertised in the Key
West Citizen and one objection received.
The biological report was adverse, stating that most of the area
was a breakwater and boat basin and served as habitat for spiny
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675 -
lobsters, and should not be sold for potential filling. Applicant
did not intend to fill and had reduced the area applied for from
4 to 1.3 acres.
On motion by Mr. Adams, seconded by Mr. Christian and adopted
without objection, the Trustees overruled the objection and
confirmed sale of the advertised parcel to the abutting upland
owner at the appraised value, subject to the applicant paying cost
of the appraisal.
OSCEOLA COUNTY - File No. 2299-49-253.36, Land Sale.
On March 10, 1969, the Trustees authorized advertisement and on
April 14 deferred action on the application from Temple Baptist
Building Association, inc., for purchase of a parcel of reclaimed
bottom land in East Lake Tohopekaliga abutting Section 19, Township
25 South, Range 31 East, Osceola County, containing 0.6 acre
appraised at $1,000 for the parcel. Staff appraiser had confirmed
the valuation after reexeunination of appraisal. Applicant desired
to acquire the land between upland ownership and the established
elevation of 59.0 feet mean sea level.
Notice of sale was published in the St. Cloud News, proof of publi-
cation filed in the Trustees' office. The Trustees deferred
consideration on April 28 because only four members were present.
On motion by Mr. Christian, seconded by Mr. Adams and adopted
without objection, the Trustees confirmed sale of the advertised
parcel at the appraised price.
GLADES COUNTY - File Nos. 2301 and 2302-22-253.36, Deferred.
At the request of the Central and Southern Florida Flood Control
District, the Trustees deferred action for thirty days on applica-
tions from J. R. Click for 4.39 acres and S. D. Dewell for 1.77 acres
of reclaimed Lake Okeechobee bottom lands lying between the 17 ft.
contour line and the right of way line of Levee L-50 in unsurveyed
Section 24, Township 40 South, Range 32 East, Glades County. On
March 31 the Trustees had authorized advertisement for objections
only. Notice was published in the Glades County Democrat, copies
filed in the Trustees' office, scheduling consideration of sale
for May 5, 1970.
INDIAN RIVER COUNTY - File No. 2237-31-253.129, Disclaimer.
On motion by Mr. Dickinson, seconded by Mr. Adams and adopted
without objection, the Trustees reconfirmed action last week by
four members authorizing issuance for $100 processing fee of a
disclaimer to the Oslo Packing Company of Vero Beach covering a
0.073 acre parcel of sovereignty land filled in 1950 in Bethel
Creek abutting Section 29, Township 32 South, Range 40 East, in
Indian River County.
DUVAL COUNTY - File No. 2324-16-253.03, Easement.
Staff requested reconfirmation of action by four members of the
Trustees last week on the application of the Department of the Navy,
Southeast Division, Naval Facilities Engineering Command, for sewer
outfall easement in the St. Johns River abutting Section 39, Town-
ship 3 South, Range 36 East, Duval County, to extend 568 feet into
the river and cover 0.26 acre parcel of sovereignty land.
A dredging permit to install the line had been issued September 30,
1969. The Department of Air and Water Pollution Control offered
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no objection.
On motion by Mr. Dickinson, seconded by Mr. Adams and adopted
without objection, the Trustees reconfirmed approval of the easement.
BREVARD COUNTY - Temporary Borrow Easement and Dredge Permit.
The Department of Transportation requested temporary borrow easement
and dredge permit for a parcel of sovereignty land in the Banana
River adjacent to Section 22, Township 26 South, Range 36 East, 3.56
acres, more or less, in Brevard County. The dredged material would
be used in construction of Pineda Causeway, State Road 404, and the
dredged area would serve as a navigation channel. Dredging permit
was to be issued to Gregg, Gibson and Gregg, Inc., contractors on
the job.
On April 28 the application was deferred for the Director and Mr.
Nathaniel Reed to investigate damage to the ecology. The biological
report indicated that less damage might be done in this area than if
the dredging was to the north of the area, but it was recognized that
siltation was a serious problem.
The Director had conferred with Mr. Reed who had called a meeting
attended by Mr. Edward A. Mueller, Secretary of the Department of
Transportation, and his District Engineer. Pineda causeway construc-
tion, affecting both the Indian and Banana Rivers, had been stopped
by the Air and Water Pollution Control Commission. However, work
was allowed to continue provided all the dredging was done within
approved water quality standards to prevent excessive siltation
damage .
Mr. Apthorp said the broader question was that it was virtually
impossible to build causeways without resulting damage; however,
in some instances causeways have value as recreation areas. Culverts
and bridges could alleviate damage but are much more expensive to
build. The Department of Transportation will give careful
consideration to the question of causeway building.
Mr. Reed discussed the situation in the Indian River, the close
cooperation and work of the Brevard County Engineering Department
and the local environmental group. The causeway construction would
continue, making the best of an awkward situation, but the Department
of Transportation would study the problem of causeways. There had
been some modification of plans and possibly wider openings could
be provided for water flow.
Mrs. Lori Wilson, County Commissioner of Brevard County, spoke of
the trial and error methods of dredging, the pollution caused in the
Indian River, the need to have a soil expert on projects to deter-
mine the best dredging areas, and the problem of coordinating the
many agencies involved in such projects. She suggested one person
be authorized to coordinate the investigations and urged the Trustees
to designate Pineda causeway a pilot project for research, the
expense of which might save millions on other projects.
Mr. Dickinson favored the suggestion, proposing Mr. Reed as coordina-
tor. Mr. Faircloth reminded the Board of his environmental safeguard
resolution and suggested expanding the powers and responsibilities
of Mr. Reed's department, requiring the Department of Transportation
to check with them first, and requiring all public and private
agencies to furnish project designs for study.
Legislation along those lines was being considered, and a bond
issue to help fight pollution. Mr. Adams emphasized the importance
of structure design and suggested that the staff draft a resolution
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to be considered next week whereunder the Trustees would refuse to
approve rights of way or dredge and fill permits until proper
designs and antipollution measures were available.
Governor Kirk, with the approval of the members of the Board, named
Mr. Reed to coordinate a study of the effects of dredging and
filling on the ecology.
On motion by Mr. Christian, seconded by Mr. Williams and adopted
without objection, the Trustees granted the request of the Depart-
ment of Transportation for a temporary borrow easement and a
dredge permit in the Banana River adjacent to Section 22, Township
26 South, Range 36 East, Brevard County.
BREVARD COUNTY - Temporary Borrow Easement, Section 253.03 F. S.
The Department of Transportation requested temporary borrow area
embracing 28.04 acres in the Banana River adjacent to Sections 8
and 17, Township 24 South, Range 37 East, in the approximate channel
of the river, to obtain borrow material for expansion of the exist-
ing causeways for State Road 528, Bennett Causeway. The discussion
in preceding paragraphs also involved this application.
The Department of Natural Resources recommended against dredging
or filling until assurances could be obtained that adequate
safeguards can be maintained to prevent despoliation of the river.
On motion by Mr. Christian, seconded by Mr. Williams and adopted
without objection, the Trustees granted this request of the
Department of Transportation.
BREVARD COUNTY - Dredge Permit, Section 253.123, Florida Statutes.
Houdaille-Duval-Wright company applied for permission to dredge
a 200 ft. wide (top width), 30 ft. deep, 5,500 ft. long channel
for borrow material in the Banana River in Township 24 South, Range
37 East, Brevard County.
The biological report was not adverse, but the discussion in
preceding paragraphs also involved this application for dredging
in the Banana River, The staff recommended certain conditions
controlling the proposed dredging.
On motion by Mr. Christian, seconded by Mr . Williams and adopted
without objection, the Trustees approved issuance of the dredge
permit for material to be used for work on Bennett Causeway, State
Road 528, subject to the following conditions:
1. All submerged lands to be filled must be diked prior to
any filling and dikes must be maintained during filling
to prevent silt from returning to the river.
2. Constant surveillance over dredging and filling operations
by the Department of Transportation to prevent
despoliation of the river.
DUVAL COUNTY - Dredge Permit, Section 253.123 Florida Statutes.
Jacksonville Shipyards applied for permission for maintenance
dredging at Texaco Terminal and Commodores Point Terminal in
Township 2 South, Range 27 East, St. Johns River, Duval County.
The material removed would be placed in an existing spoil area,
and the biological report was not adverse.
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On motion by Mr. Adams, seconded by Mr. Christian and adopted without
objection, the Trustees authorized permit for the maintenance
dredging.
MANATEE COUNTY - Dredge Permit, Section 253.123 Florida Statutes.
Manatee county Highway Department applied for permission for main-
tenance dredging to improve drainage and navigation. Channel
dimensions would be 6 ft. by 50 ft. by 1,540 ft., and 6 ft. by 50 ft.
by 1,600 ft., in Terra Ceia Bay, Section 25, Township 33 South, Range
17 East, Manatee County.
The material removed would be placed on upland property with the
permission of upland owners. The biological survey report was not
adverse.
Staff recommended approval subject to dikes being constructed to
contain the spoil.
On motion by Mr. Christian, seconded by Mr. Adams and adopted
without objection, the Trustees authorized issuance of the dredge
permit subject to dike construction as recommended by the staff.
MARTIN COUNTY - Dredge Permit, Section 253.123 Florida Statutes.
Lydia Yachts, Inc., applied for permission to improve navigation by
dredging an area 80 ft. wide, 150 ft. long and 6 ft. deep in the
St. Lucie River in Section 32, Township 37 South, Range 41 East,
Martin County. The material would be placed on applicant's upland.
$130 was tendered as payment for 1,300 cubic yards of overdredge
material. The biological report was not adverse.
On motion by Mr. Adams, seconded by Mr. Christian and adopted
without objection, the Trustees authorized issuance of the dredge
permit.
MARTIN COUNTY - Dredge Permit, Section 253.123 Florida Statutes.
Stuart Land Development, Inc., applied for permission to dredge a
navigation channel 50 ft. wide (top cut), 5 ft. deep and 600 ft.
long in the Indian River in Section 30, Township 37 South, Range
42 East, Martin County, within an aquatic preserve. Applicant
tendered check for $210 for 2,100 cubic yards of material would
would be placed on upland property.
The biological survey report was adverse and recommended relocation
of the channel. In accordance with the recommendations, the channel
had been relocated and staff recommended approval.
On motion by Mr. Faircloth, seconded by Mr. Williams and adopted
without objection, the Trustees authorized issuance of the dredge
permit to improve navigation.
MARTIN COUNTY - Dredge Permit, Beach Nourishment,
Section 253.123 Florida Statutes.
On January 20, 1970, the Trustees approved application of the Town
of Jupiter Island to remove 75,000 cubic yards of material from
Pecks Lake for beach nourishment on the ocean side of Jupiter
Island. Applicant requested amendment of the permit to allow
removal of 300,000 cubic yards of material for beach nourishment.
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The biological report was not adverse. The area was within an
aquatic preserve, but when the preserve was established this dredge
area for beach nourishment was mentioned. The Department of Natural
Resources took concurrent action on this date approving the appli-
cation.
On motion by Mr. Christian, seconded by Mr. Williams and adopted
without objection, the Trustees approved amendment of the permit.
PINELLAS COUNTY - Dredge Permit, Section 253.123 Florida Statutes.
Pinellas County Water and Navigation Control Authority issued a
dredge and fill permit, subject to Trustees' approval, to Robert b.
Lee and Company for work in Section 34, Township 30 South, Range 17
East, and Section 3, Township 31 South, Range 17 East, Tampa Bay,
Pinellas County, for the removal of 18,000 cubic yards of material,
5,000 of which was outside applicant's ownership. No payment was
required as the material to be removed sloughed off from previously
filled area. The biological report was not adverse and staff
recommended approval.
On motion by Mr . Christian, seconded by Mr. Williams and adopted
without objection, the Trustees authorized issuance of the permit
for maintenance dredging.
ST. JOHNS COUNTY - Dredge Permit, Section 253.123 Florida Statutes.
Loren A. Brown applied for permission to improve navigation by
removing 100 cubic yards of mud and silt adjacent to his property
in the Matanzas Bay in Davis Shores Subdivision, St. Augustine,
Florida, in Township 7 South, Range 30 East, St. Johns County. The
material would be hauled away, the biological report was not adverse,
but one objection had been filed. Staff recommended approval.
On motion by Mr. Faircloth, seconded by Mr . Williams and adopted
without objection, the Trustees authorized permit for the dredging
to improve navigation.
ST. JOHNS COU^JTY - State Dock Permit, Section 253.03 Florida Statutes,
Loren A. Brown applied for a state commercial dock permit for a
structure in Matanzas Bay adjacent to his upland property in Davis
Shores Subdivision in St. Augustine, Florida, in Township 7 South,
Range 30 East, St. Johns County. All required exhibits, including
$100 processing fee, were filed and staff recommended approval.
One objection was received.
On motion by Mr. Faircloth, seconded by Mr. Williams and adopted
without objection, the Trustees authorized issuance of the dock
permit.
ST. JOHNS COUNTY - Dredge Permit, Utility Installation.
Section 253 .123 (2) (b) , File 532.
On motion by Mr. Christian, seconded by Mr. Williams and adopted
without objection, the Trustees approved application from Florida
Power and Light Company for a permit to dredge to install a submarine
power cable in Matanzas River in Sections 34 and 35, Township 8
South, Range 30 East, St. Johns County. The $100 processing fee
was paid and the biological report was not adverse.
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VOLUSIA COUNTY - Dredge Permit, Utility Installation.
Section 253.123 (2) (b) , File 533.
On motion by Mr. Christian, seconded by Mr. Williams and adopted
without objection, the Trustees approved application from Florida
Power and Light Compeiny for permit to dredge to install a submarine
power cable in the Halifax River in Township 32 South, Range 14 East,
Volusia County. The $100 fee was paid, and biological report was
not adverse.
DADE COUNTY - Rock Mining Lease.
On April 21, the Trustees deferred action for two weeks on two bids
received for a rock mining lease on Hiatus Lots 4 and 5, Township
53/54 South, Range 39 East, Dade County. On April 28 the matter
was discussed briefly.
Staff recommended that the bids received from Florida Stone and
Materials, Inc., and Maule Industries, Inc., be rejected and that
the 1,015.6 acre tract be readvertised for bids, utilizing a
recreation plan developed by the Division of Recreation and Parks,
Department of Natural Resources. All bidders would be bidding on
the same recreation plan and specifications, and the high bid could
be determined on the highest royalty per ton of mined rock.
On motion by Mr. Adams, seconded by Mr. Christian and adopted without
objection, the Trustees rejected the bids from Florida Stone and
Materials, Inc., and Maule Industries, Inc., and authorized readver-
tising as recommended by the staff.
The Director advised that Dade county had road plans which might
involve extension of roads in the area. He would try to obtain
further information.
CAPITOL CENTER PROPERTY. Staff requested authority to enter into an
agreement with the Department of General Services for the distribu-
tion of rentals to be collected from tenants in the Executive Office
Building. The agreement was approved on this date by the Department
of General Services.
On motion by Mr. Willieims, seconded by Mr,
without objection, the Trustees approved
Faircloth and adopted
equest .
On motion duly adopted, the meeting wawr jOU^urned
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Tallahassee, Florida
May 12,1970
The State of Florida Board of Trustees of the Internal Improvement
Trust Fund met on this date in the Larson Building auditorium with
the following members present:
Claude R. Kirk, Jr. Governor
Tom Adams Secretary of State
Earl Faircloth Attorney General
Broward Williams Treasurer
Doyle Conner Commissioner of Agriculture
James W. Apthorp Executive Director
The minutes of April 28 were approved as submitted.
Without objection the Board authorized correction of the minutes of
April 21 as requested by Mr . Adams, by adding the underlined words
shown below in the Dade County rock mining lease minutes:
"made a commitment to place recreation facilities and
equipment presently valued at $1,486,000.00 on the site" and
"Maule Industries, Inc., bid 12.3 cents per short ton and
submitted a more desirable recreation plan"
PINELLAS COUNTY - Dredging, Trustees File No. 306-52,
SAJSP Permit (59-277)
On April 28 the Trustees deferred action for two weeks on considera-
tion of the U. S. Corps of Engineers SAJSP Permit (59-277) as
amended and received by the Trustees on March 13, 1970, with
reference to the dredging and filling of Honeymoon Island desired
by the City of Dunedin, Honeymoon Island Development Corporation
and Caladesi corporation, under the contract amendment approved by
the Trustees on January 27,1970. The question before the Board was
whether to send a letter of protest or no protest to the Corps of
Engineers, and the staff two weeks ago had recommended no protest.
The Director said he would renew the staff recommendation; however,
a communication from the Attorney General indicated another option
for the Board.
Mr .Adams mentioned the problem of the old contract and how the staff
last December and January, based on the best advice that was avail-
able, undertook a diligent effort to work out a major adjustment
in the development plan. The Trustees had approved the staff's
effort in January, and now the Corps of Engineers permit notice had
come to the Board for protest or no protest of the amended dredging
and filling permit.
Mr. Faircloth said he thought the fact that the matter had come
before the Trustees indicated they had some option, regardless of
the validity of the contract.
Mr. Faircloth made a motion that the Trustees protest issuance of
the permit. Governor Kirk said he would like to second the motion
but since he was chairman, the motion was seconded by Mr. Williams.
Representative Ed S. V^Jhitson, Jr., as vice chairman of the Florida
House of Representatives Committee on Conservation, submitted a
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resolution stating that the Trustees have no obligation to "no
protest." He also submitted a copy of an Interim Report of Special
Counsel to Florida House of Representatives Committee on conservation
on the proposed dredging and filling of submerged lands adjacent to
Honeymoon Island, Pinellas County. Both documents were very adverse
toward the project.
Senator Harold Wilson delivered a great number of letters of protest
from people in Pinellas County. He said there should be no more
major dredging in that area, that steps should be taken to reacquire
this property possibly through new legislation, and he assured Mr.
Adams that he would oppose any legislation that would take land
acquisition trust funds and place them in general revenue.
Representative Roger H. VJilson delivered many protest letters and
called attention to about twenty persons present from Pinellas County
to oppose the dredging and filling. He pointed out that serious
adverse effects would occur, and that in his opinion the people of
Florida got the short end of this contract.
Representative William H. Fleece and Representative A. S. Robinson
also expressed concern and requested the Trustees to properly
exercise their right as the sovereign in favor of the people of
Pinellas County and of Florida.
Representative A. H. Craig, chairman of the House of Representatives
Conservation Committee, asked the Board to request the Corps of
Engineers not to issue the permit and introduced that committee's
special counsel, Attorney Richard E. Nelson. Mr. Nelson reviewed
the committee's work, research and report on the proposed dredging
and filling, stating that it was found that the Trustees had no
obligation to approve the project which should be reviev/ed in accor-
dance with its merits and in view of changes in the law and spirit
of the legislature since 1959 when the project v/as conceived, and in
view of the concern of the people. He added that if a matter of
equity was involved, it would be for the court to decide.
Mr. Charles S. Baird, City Attorney of Dunedin, Florida, spoke of
the work of the Trustees' staff on the amended agreement between
the developer. Trustees, and city, which amendment the Trustees
had approved on January 27. He thought it was fair and reasonable
balancing of the equities and did not think any further adjustments
of the plan would be acceptable to conservationists. It had been
suggested that perhaps the state could condemn the entire island
and pay the developer for his investment, if the perroit was not
issued. However, he said the city thought the contract modification
was good as it gave greater consideration to conservation,
decreased the filling, and considered certain property rights.
He asked the Trustees to send a letter of no protest to the Corps
of Engineers.
Governor Kirk commented on the causeway already in place and the
hope that it would do no more harm than the Key Biscayne causeway.
I4r. Reed said that Key Biscayne was larger and did not involve sub-
merged land.
On the motion made by Mr. Faircloth, seconded by Mr. ivilliams and
adopted without objection, the Trustees authorized a letter of
protest on SAJSP Permit (59-277) to be sent to the U. S. Army Corps
of Engineers.
DADE COUNTY - Bulkhead Line, Section 253.122 Florida Statutes.
5-12-70
683 -
The Board of county Commissioners of Dade County by Resolution
No. R-203-70 adopted on February 18, 1970, 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. Transcript of the
special public hearing in Miami on February 18 showed that some
in attendance opposed the line and others favored relocating the
existing bulkhead line shoreward.
Bulkhead lines for this portion of the Dade County shore line were
on the agenda of February 18, 1969, and were referred back to the
county for modification in line with conferences and recommendations
of the Director. The county then set bulkhead lines, leaving three
mangrove areas without a line, which on recommendation of the staff
were sent back to the county for lines to be established at those
three points. That had now been done and the proposed revision was
on the advance agenda on April 21, 1970.
The Department of Natural Resources reported that irreparable
damage would occur if the line was not set at the mean high water
line, and dredging and filling limited to areas shoreward of that
line.
The staff recommended approval of Sheets 2 and 4 and denial of
Sheets 3, 5, 6 and 7 in Part Six of Revised Plat of Metro Dade
County Bulkhead line.
The staff recommended approval of Sheet 8 , part of Sheet 9 (from
the east line ^h Section 22-58-40 running northeasterly therefrom) ,
Sheets 10 and 11, and conditional approval (denying any reqvEsts for
perimeter navigational channels bayward of bulkhead line) of Sheets
2 through 7 inclusive and remainder of Sheet 9, all as shown in
Part Five of Revised Plat of Metro Dade County Bulkhead Line.
The staff recommended approval of Sheets 2 through 4 inclusive,
and Sheet 6, conditional approval of Sheet 5 (denying any requests
for perimeter navigational channels bayward of bulkhead line) , all
as shown on Part Three of Revised Plat of a Portion of Metro Dade
County Bulkhead Line .
The various lines were shown on a map and were discussed with the
following colors: in green; Sheets 2 and 4 of Part Six; Sheet 8,
part of Sheet 9 (as described above) , and Sheets 10 and 11 all of
Part Five; and Sheets 2 through 4 inclusive and Sheet 6 all as
shown on Part Three; in red; Sheets 3, 5, 6 and 7 of Part Six;
in brown; Sheets 2 through 7 inclusive and remainder of Sheet 9
(as described above) as shown in Part Five; and Sheet 5 as shown
in Part Three of Revised Plat of a Portion of Metro Dade County
Bulkhead Line.
The Director said the existing line generally followed the three-
foot contour varying in distance offshore, that sales had been
made out to that line established in 1958, that no one but the
Trustees was faced with the question of property ownership. He
mentioned a letter from the Regional Director of the Department of
Interior stating the position that the line should be at the mean
high water but that they didn't know where that was. Neither can
the staff locate the mean high water line specifically, he added.
The Director recommended that the Board make no commitment at this
time on channels except in the green area and that those should be
limited to 100 ft. wide and 8 ft. deep. He recommended approval
of the bulkhead line in the brown area with no commitment as to
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channels - not precluding application for a channel later on as
Mr. Adams pointed out. He recommended rejection of the southern
stretch of the line shown in red on the map because of embayments
and open water areas.
Motion was made by Mr. Faircloth, seconded by Mr. Williams, that the
staff recommendation be approved,
Mr. R. Hardy Matheson and Mr. Earl M. Starnes, Dade County Commis-
sioners, and local property owners were present. They had just
learned of the staff recommendation. Mr. Matheson could not commit
other members of his board but did not object greatly to rejection
of the red line, accepted the recommendation on the green line, but
as to the brown line he urged that the channel also be approved to
provide a longitudinal channel to get from the east-west access
channels from Biscayne National Monument area. He said the county
needed the longitudinal channel for navigation and to provide guide-
line and plat control for developers.
The Governor and Mr. Reed called attention to the county responsibility
with respect to problems and requirements for sewage, water quality,
roads, turbidity, in view of expected development by private owners.
Mr. Matheson said developers were aware of such things and the county
was working on them. He indicated that having no perimeter naviga-
tion channels would preclude development in the area and more ecolo-
gical damage might be done if every developer wanted his own channel.
On behalf of some private owners, Mr. Willieun J. Roberts, attorney,
said development of property purchased in the period from 1925 to
1929 would be restricted by moving the bulkhead line shoreward, but
that a good many of the owners were generally agreeable to the Dade
County recommendations with the vital perimeter channel. He said
scane owners might dedicate submerged land back to the state. Mr.
Adams commended the possible reacquisition by the state at no cost.
Mr. Roberts added that some developers have had plans in progress
about two years and would like to see the Trustees approve the
bulkhead line.
Mr. Lester Freeman of the Greater Miami Chamber of commerce supported
the Public works Department of Dade county in its request for the
longitudinal channel.
I-lr. Tod Swalm, of Homestead-South Dade Chamber of commerce, favored
the action of Dade County after the meeting of January 8, 1969,
setting the bulkhead line in South Biscayne Bay at the shore or
mangrove line as being in the public interest. He felt that the
ecology was protected by establishment of Biscayne National Monument
and the saving of the three mangrove points, that the mean high
water line was not a practical delineation, and that now provision
should be made for the people living along the slioreline.
Mr. Jack Brown, resident on the South Biscayne Bay shore, opposed
preservation of all red mangrove areas as it would stop all devel-
opment and continue the mosquito and sandfly problem.
Mr. J. F. Redford, representing the Dade County Chapter of izaak
Walton League, opposed the line as proposed by Dade County and as
recommended by the staff, opposed the coastal channels unless placed
back of a mangrove fringe, and urged preservation of the mangroves
and the Bay which he said could be done along with planned private
development. He pointed out objections of federal agencies.
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Mr. Ted Baker, representing several individuals and environmental
groups, read from the Rande 11 Act with reference to setting bulkhead
lines, opposed bad developraent destruction of the environment, and
the proposals being considered today which he said would allow
destruction of mangroves.
Mr. Joe Carroll, with the Bureau of Sport Fisheries and Wildlife,
said that federal agency had consistently appeared at Dade County
hearings and recommended the bulkhead line at the mean high water
line and maintained that position today.
Governor Kirk suggested a joint meeting of all the federal and state
agencies to confirm their joint agreement before the bulkhead line
is accomplished. Mr. Matheson assured him that all the federal
agencies are aware of the situation, were represented at the public
hearings, and had notice of the meeting today.
Secretary of State Adams commented that while the recommended line
was not at the mean high water line, in defense of the efforts of
the staff and the motion of the Attorney General he would like to
point out what the Trustees had done to have the bulkhead line moved
shoreward to preserve the mangroves and the ecology of South
Biscayne Bay. Mr. Adams recognized the board's responsibility to
be reasonable in trying to determine some compromise bulkhead line
and said he supported the Attorney General's motion to approve the
staff recommendation.
Treasurer Broward Williams suggested amending the motion to exclude
the channel issue and approve only the bulkhead lines in green and
brown and reject the line in red. Mr. Faircloth accepted that as
an amendment to his motion which was adopted by the Trustees
without objection.
The three following applications were considered out of agenda order
so that Mr. Conner, who had to attend a legislative hearing, could
be present to vote on matters requiring five members.
MONROE COUNTY - File No. 2083-44-253.12, Land Sale.
The application from James T. Glass on behalf of Howard M. Post
to purchase 1.61 acres of sovereignty land in the Atlantic Ocean
abutting Section 21, Township 60 South, Range 40 East, at Key Largo
in Monroe County, was considered by the Trustees on March 24,
advertised for objections with proof of publication filed in the
Trustees' office, and on the advertised sale date was deferred at
the request of a member.
The biological survey report was adverse when the application for
5.73 acres was on the agenda of May 7, 1968, and action was deferred
for additional information. Size of the parcel sought was reduced
to 1.61 acres, no objection was received to the advertised notice
of sale, and staff recommended confirmation of sale at the appraised
value, $465.00 per acre or $750.00 for the parcel, with the appli-
cant to pay the cost of the appraisal.
On motion by Mr. Conner, seconded by Mr. Faircloth and adopted
without objection, the Trustees accepted the staff recommendation
for sale of the advertised parcel at the appraised value plus the
cost of the appraisal.
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MONROE COUNTY - File No. 2291-44-253.12, Land Sale.
The application from James T. Glass on behalf of Herbert J. McCauley
and wife to purchase 0.72 acre parcel of sovereignty land in Hawk
Channel abutting Government Lot 1, Section 19, Township 63 South,
Range 38 East, Plantation Key, Monroe county, was considered by the
Trustees on March 10, 1970, advertised for objections only in the Key
West Citizen with proof of publication filed, and on the advertised
sale date was deferred for resolving a question of upland riparian
rights. The objection has now been withdrawn.
The biological survey report was adverse to sale of the parcel
applied for, and applicant reduced the area sought from 1.78 to
0.72 acre. He did not own sufficient upland on which to construct
a boat basin complying with zoning regulations.
Staff recommended confirmation of sale of the 0.72 acre parcel at
the appraised value of $1,254.00 per acre or $900.00 for the parcel,
with the applicant to pay the appraisal cost.
On motion by Mr . Faircloth, seconded by Mr. Conner and adopted
without objection, the Trustees confirmed sale of the advertised
parcel at the appraised value plus the cost of the appraisal.
BROWARD COUNTY - Board of Education Land Transfer.
The Board of Regents approved transfer of title of a one-acre tract
of land to the Board of County Commissioners of Broward County for
the site of an agricultural building. The parcel was part of 100.78
acres in portions of Tracts 6 and 7, Tier 39, Newmans Survey, Plat
Book 2 at page 26, that was obtained from the United States Depart-
ment of Health, Education and Welfare in 1963 for educational
purposes. H. E. W. must agree to the transfer, and conditions
running with the land must be abrogated. Broward County will bear
the $2, 250 cost involved in abrogation of the conditions as to the
one acre. The proposed deed will contain a restriction that the
land shall be used solely for the location of a county agricultural
center .
Staff recommended conveyance as requested subject to (1) consent by
the U. S. Department of Health, Education and Welfare, (2) advice
from Broward County that the one acre is not desired for public
recreation purposes pursuant to Section 253.111 F. S., and (3) appro-
val of the Board of Education.
On tMs date the Board of Education approved the land transfer as
recomn\ended, and on motion by Mr. Faircloth, seconded by Mr. Adams
and adopted without objection, the Trustees concurred in the action
of the Board of Education.
Mr. Conner left the meeting and the regular order on the agenda
was followed by the remaining four members.
CHARLOTTE COUNTY - Bulkhead Line, Section 253.122 Florida Statutes.
The Board of County Commissioners of Charlotte County on August 6,
1968, established a bulkhead line 259.81 feet long in Lemon Bay
and Placida Harbor in Section 11, Township 42 South, Range 20 East,
Charlotte County.
All required exhibits were furnished, there were no objections at
the local hearing and the submerged land landward of the bulkhead
line previously had been sold. The biological survey report was
not adverse.
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On motion by Mr. Adams, seconded by Mr. Faircloth and adopted
without objection, the Trustees approved the bulkhead line as
established by Charlotte County.
MANATEE COUNTY - The Trustees deferred consideration of a bulkhead
line in Manatee County listed two weeks ago on the advance agenda.
It will be brought back next week.
ST. JOHNS COUNTY - Bulkhead Line, Section 253.122 Florida Statutes.
The Board of County Commissioners of St, Johns County on April 14,
1970, established a bulkhead line 742.12 feet long in the St. Johns
River adjacent to upland in Section 39, Township 6 South, Range 27
East, St. Johns County,
All required exhibits were furnished, there were no objections at
the local hearing, and the staff recommended approval.
The biological survey report was adverse, stating that the line
should be set at the mean high water line.
On motion by Mr. Adams, seconded by Mr. Faircloth and adopted
without objection, the Trustees approved the bulkhead line as
established by St. Johns County on April 14, 1970.
MONROE COUNTY - Dredge and Fill Permit, Section 253.03 F. S.
On this date the Trustees approved sale of 0.72 acre parcel of
submerged land to Herbert J. McCauley (File No. 2291-44-253.12).
In connection with that land, Mr. McCauley applied for a permit to
dredge a navigation channel 50 ft. wide, 5 ft. deep and 400 ft. long
on sovereignty land, and a 150 ft. triangular-shaped boat basin on
submerged land to be acquired in Hawk Channel in Section 19, Township
63 South, Range 38 East. The material would be placed on the
submerged parcel, sale of which was confirmed on this date.
The biological report was adverse. Applicant amended his project
to comply v/ith the recommendation outlined in the biological report.
On motion by Mr. Faircloth, seconded by Mr. Adams and adopted without
objection, the Trustees authorized issuance of permit to dredge to
improve navigation and to fill purchased submerged land.
MANATEE COUNTY - File No. 2318-41-253.12, Application to be
Advertised.
Application was made by the City of Bradenton, by City Attorney Lloyd
A. Lyday, for fee title to two parcels of filled sovereignty land
in the Manatee River abutting Section 26, Township 34 South, Range
17 East, Manatee County, in the city, so that the city might convey
land to upland owners to conform with agreements entered into by
the city in developing water front lands. The parcels are part of
a 54.25 acre tract dedicated to the City of Bradenton by the Trustees
on February 27, 1968. The city will quitclaim to the Trustees the
rights acquired under the dedication as to the 2.798 acres sought,
and will pay the appraised value and cost of appraisal.
On motion by lAx . Faircloth, seconded by Mr. Williams and adopted
without objection, the Trustees authorized the parcel advertised
for objections only.
Mr . Adams noted that when the land is sold to the city for the
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appraised price, the public purpose use will not continue in effect.
MONROE COUI^?TY - File Nos . 2178, 2179, 2180-44-253.42, Land Exchange
To Be Advertised.
The W^couta Corporation, represented by James T. Glass, applied for
conveyance of 10.11 acres of sovereignty land in Newfound Harbor
abutting Sections 26 and 35, To\^mship 65 South, Range 29 East, Big
Pine Key in Monroe County.
In exchange, applicant will convey to the Trustees 4 parcels
comprising 4.63 acres of upland that in the opinion of the staff
are valuable conservation tracts. Also, applicant will quitclaim to
the Trustees approximately 8 acres lying bayward of the mean high
water line and within an erroneous meander line. This will establish
a definitive line between uplands and sovereignty lands. Applicant
also agreed to defray cost of a comparable appraisal and to pay the
difference in appraised values.
The biological report of April 15, 1969, was adverse to sale and
development of the area originally sought by the applicant. The
plans were modified to provide for the conservation areas. Original
plans indicated two navigation channels; modified plans indicated
one "Y"- shaped channel reduced to 50 feet wide. The perimeter
channel will be dredged in part on applicant's upland. The area to
be conveyed to the Trustees appeared to offset the damage to marine
resources caused by dredging and filling.
On motion by Mr. Faircloth, seconded by Mr. Williams and adopted
without objection, the Trustees authorized advertisement of the
proposed land exchange for objections only.
LEASE INCOME REPORT - The Trustees accepted for the record the
report of remittances to Florida Department of Natural Resources
from holders of dead shell leases, as follows:
Lease No. Name of company Amount
1718 Radcliff Materials, Inc. $12,819.92
2233 Bay Dredging & Construction Co. 5,113.83
2235 Ft. Myers Shell & Dredging Co. 6,811.28
MONROE COUNTY - Dredge Permit, Section 253.03 F. S., File 179.
On motion by Mr. Faircloth, seconded by Mr. Williams and adopted
without objection, the Trustees approved the application from Mrs.
Roxie Siderius to dredge a navigation channel 30 ft. wide, 5 ft.
deep and 400 ft. long in Section 26, Township 63 South, Range 37
East, at Upper Matecumbe Key in the Atlantic Ocean, Monroe County.
The biological report was not adverse. The material removed would
be placed on applicant's upland property.
PALM BEACH COUNTY - Dredge and Fill Permits,
Sections 253.123 and 253.124 Florida Statutes.
The Town of Lake Park issued to itself a dredge and fill permit for
maintenance in an existing boat basin and channel in Section 21,
Township 42 South, Range 43 East, in Lake Worth, Palm Beach County,
subject to approval of the Trustees. The material removed would
be used to fill approximately 0.38 acre of submerged land conveyed
to the city by Trustees Deed Nos. 22899 and 24018.
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- 689 -
The biological survey report was not adverse. The Area Planning Board
of Palm Beach County had no objections to the project.
On motion by Mr. Faircloth, seconded by Mr. Adams and adopted without
objection, the Trustees authorized issuance of the dredge permit and
approved the fill permit to the Town of Lake Park. The Trustees
waived payment for the dredge material for this maintenance dredging
for a public facility.
PALM BEACH COUNTY - Commercial Dock and Seawall, Section 253.03 F. S.
The Town of Lake Park applied for permit for construction of a public
dock facility and breakwater in conjunction with a public marina on
city property in Lake Worth in Section 21, Township 42 South, Range
43 East, Palm Beach County. All required exhibits were furnished.
Objections were received. Staff recommended approval and waiver of
the processing fee.
On motion by Mr. Faircloth, seconded by Mr. Adams and adopted without
objection, the Trustees approved the application of the Town of Lake
Park and waived the ptocessing fee for the public facility.
VOLUSIA COUNTY - Commercial Dock Permit, Section 253.03 F. S.
Edwin J. Williams, in care of Ed Williams' Fishing Camp, Inc., at
Daytona Beach, Florida, applied for reinstatement and extension of
state commercial dock permit No. CD-480 (originally issued March 29,
1963) for three years to allow completion of the dock on submerged land
owned by the applicant. All required exhibits and $100 fee were
submitted and staff recommended approval.
On motion by Mr. Williams, seconded by Mr. Adams and adopted without
objection, the Trustees approved the application.
MONROE COUNTY - Commercial Dock Permit, Section 253.03 F. S.
On motion by Mr. Adams, seconded by Mr. Williams and adopted without
objection, the Trustees approved the application of Earl J. Tommer, Jr.,
doing business as Coral Shrimp Company, for a permit for construction
of a dock adjacent to Safe Harbor Channel at Stock Island in Section 35,
Township 67 South, Range 25 East, Monroe County, for which all required
exhibits and $100 processing fee had been submitted.
BREVARD COUNTY - At the request of the Director, the Trustees deferred
consideration of a resolution prepared by the staff in connection with
the Pineda Causeway dredging and filling on last week's agenda and
other such projects affecting the ecology.
BROWARD COUNTY - Oil Leases, Indian Lands, Chapters 285.08 and 285.12
Florida Statutes. Deleted by action of the Board on June 30, 1970.
SUBJECTS UNDER CHAPTER 18296
The Murphy Act Report listing one bid for sale of a parcel of land in
Union County will be placed on the agenda again next week for approval
of five members.
On motion duly adopted, the meeting was adjourned.
5-12-70
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ATTEST:
Tallahassee, Florida
May 19, 1970
The State of Florida Board of 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
Fred 0. Dickinson, Jr,
Floyd T. Christian
Doyle Conner
Jcunes W. Apthorp
Governor
Secretary of State
Comptroller
Commissioner of Education
commissioner of Agriculture
Executive Director
The minutes of the meeting on May 5 were approved as submitted.
MANATEE COUNTY - Bulkhead Line, Section 253.122 Florida Statutes.
The Board of County Commissioners of Manatee County adopted resolu-
tions pertaining to establishment of bulkhead lines on June 26, 1968,
July 8, 1969, and April 23, 1970. On this date the staff recommended
approval of the April 23, 1970, bulkhead line as fixed by the county
from the north right of way of U. S. No. 19 northeasterly along the
south shore of Bishop's Harbor to a point 2,000 feet west of the
northeast corner of Section 24, Township 33 South, Range 17 East,
Manatee County. After numerous conferences between county officials,
affected land owners and staff members, this compromise line was
agreed to, incorporating certain observations in the biological
report that was prepared for the line submitted to the Trustees on
April 29, 1969. The line as submitted provides a channel through
Moses Hole that originally was contemplated to have only one entrance,
provides for access through the Terra Ceia River from Bishop's Harbor
to Terra Ceia Bay, thereby increasing the area to be excluded from
the bulkhead line at the mouth of the Terra Ceia River and preserv-
ing grasses, mangroves and other biologically valuable resources.
The Director said that further adjustments had been made in the
bulkhead line previously before the Board on at least three
occasions, and while the biological report was adverse, he did not
think any additional adjustments could be accomplished. The line
would show the upland owner what he could not do, while what he
could do might be determined when any subsequent dredge and fill
permits were granted.
Mr. Apthorp said there were a few objections, the county had
received one, and no one appeared at the county hearing.
Secretary of State Tom Adams noted that the compromise excluded
about 180 acres, that the largest private owner agreed, and when
development did begin the dredge and fill applications would be
carefully studied.
5-19-70
691 -
On motion by Mr. Adams, seconded by Mr .Dickinson and adopted without
objection, the Trustees approved the bulkhead line as located and
adopted by the Manatee county commission on April 23, 1970.
BREVARD COUNTY - File No. 1990-05-253.12(5), Land Sale Application.
On March 31, 1970, the Trustees authorized advertisement for
objections only of a 0.82 acre parcel of filled sovereighty land
in the Indian River abutting Section 21, Township 29 South, Range
38 East, Brevard County, for which Eddie D. Thomas offered the
appraised value. Notice of sale was published in the Melbourne Times,
proof of publication filed in the Trustees' office.
Objection was filed by Herbert L. Heiken, attorney, on behalf of Mae
D. Bridges, on the basis that litigation was pending that allegedly
affects the application. Therefore, staff recommended deferral
until the litigation is terminated.
Representative William E. Powell, from Eau Gallie, Florida, explained
that the purchase involved a parcel of filled land resulting from
fill spilling into the river during construction of State Road 5
(U. S. No. 1), that the applicant had granted an easement to the
State Road Department and retained riparian rights. He mentioned
objections from Mr. Boone and County commissioner Richard Muldrew
that had been withdrawn, and informed the Trustees that the litiga-
tion cited did not involve Mr. Thomas' property nor the parcel he
sought to purchase.
As the recommendation was for deferral, detailed maps had not been
furnished the members along with the agenda, and June 2 was the date
suggested for further consideration.
Mr. Muldrew reviewed the agreements between the riparian owners, the
county and the State Road Department at the time U. S. No. 1 was
constructed, the commitments to protect the private owners' riparian
rights, and expressed the opinion that in this instance the land
was not filled but that accretion had occurred and Mr. Thomas
probably owned the parcel. He withdrew the objection he had made
prior to reviewing the circumstances thoroughly, and urged that the
sale be approved. He stated that other land owners in the area were
also entitled to consideration as riparian owners who had granted
easements to the Road Department.
Mr. Christian asked to be furnished a detailed map, and Mr. Adcuns
asked how the bulkhead line entered into the negotiations. The
Director said upland was involved, not submerged land. Mr. Muldrew
added that the bulkhead line had been established at the high water
mark in the county.
The Trustees asked for a careful investigation before the application
was considered again on June 2.
Honorable Richard Muldrew, county commissioner of Brevard County,
then discussed some property at Sebastian Inlet and urged action on
a proposal to buy valuable ocean front for public recreation and
state park purposes. The matter will be on the agenda soon under
the Department of Natural Resources.
MANATEE COUNTY - File 2313-41-253.03, Dedication,
On December 2, 1969, the Trustees agreed to issue a dedication of
approximately 57 acres of sovereignty land in Terra Ceia Bay abutting
5-19-70
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Bird Key in Tovmship 34 South, Range 17 East, Manatee County, to the
National Audubon Society which now has acquired title to Bird Key
and will use the sovereignty land as a buffer zone in connection
with a bird sanctuary. Notice of intended dedication was published
in the Bradenton Herald, authorized by the Trustees on March 31,
1970. No objection was received and staff recommended issuance of
dedication with a reverter clause in the event the land should not
be used for the purpose dedicated.
On motion made by Mr. Dickinson, seconded by Mxr. Adams and adopted
without objection, the Trustees approved issuance of a dedication
instrument to the National Audubon Society for the sovereignty land
around Bird Key as advertised to be used as a buffer zone in connec-
tion with the bird sanctuary, the instrument to contain a reverter
clause, as recommended.
SARASOTA COUNTY - File No. 1945-53-253.12, Land Sale.
On March 31, 1970, the Trustees authorized advertisement of a parcel
of sovereignty land in Blackburn Bay abutting Section 22, Township
38 South, Range 18 East, Sarasota County, to clear title to .046 acre
parcel of sovereignty land on which a house on pilings existed.
Notice of sale was published in the Sarasota Herald Tribune, proof
of publication filed, and no objection received.
The applicant, Mario M. Lucci, offered $557 for the sovereignty land
and $398 for the improvements, or a total of $950. No dredging or
filling was desired, the biological report was not adverse, and the
staff recommended approval of the sale.
On motion by Mr. Christian, seconded by Mr. Adams and adopted, the
Trustees confirmed sale of the advertised parcel within the estab-
lished bulkhead line to Mr. Lucci at $950 for the parcel.
LEE COUbJTY - File No. 2243-36-253.12, Land Sale.
On March 31, 1970, the Trustees considered application of Walter C.
Groff and wife to purchase a parcel of filled sovereignty land
lying within parts of Lots 3, 4, 7, 8 and the southerly portion cf
Lot 9, Unit 2, Golden Beach Subdivision, Plat Book 14, Page 83, in
Section 23, Township 43 South, Range 20 East, Gasparilla Island in
Lee County. Notice of sale was published in the Fort Myers News,
proof of publication filed, and no protest received.
The land was filled some time in 1957 by applicant's predecessor
without applicant's knowledge. There is evidence indicating that
the land would be susceptible to the provisions of Section 253.12(6)
Florida Statutes; however, it is insufficient and does not meet
with full requirements of Trustees Rule No. 200-2.10. Staff
recommended sale for $2,600 based on staff appraiser's review of
recent sales based on M.A.I, appraisals and infoimation in the
Trustees' files.
On motion by Mr. Dickinson, seconded by Mr. Adams and adopted
without objection, the Trustees confirmed sale of the advertised
parcel of filled land to the applicant at $2,600 for the parcel.
WALTON COUNTY - File No. 2334-66-253.03, Right of Way Easement.
The Department of Transportation requested a right of way easement
of 0.25 acre across bottoms of Mullet Creek abutting Section 7,
Township 1 South, Range 21 West, and 0.5 acre across bottoms of
Basin Bayou abutting Section 21, Township 1 South, Range 20 West,
5-19-70
- 693 -
Walton county, for the reconstruction of two bridges on State Road
20, Section 60030-2901, Parcel No. 100, No dredging or filling is
proposed within the easement area and after review, the Game and
Fresh Water Fish commission and Department of Natural Resources
offered no objections.
The Department also requested temporary easement of 0.05 acre across
bottoms of Basin Bayou for detour purposes during construction of
the said bridges.
On motion by Mr. Dickinson, seconded by Mr. Adams and adopted
without objection, the Trustees authorized issuance of the right of
way easement and the temporary easement to the Department of Trans-
portation.
BREVARD COUNTY - Temporary Borrow Easement, Section 253.03 F. S.
The Department of Transportation requested an alternate borrow area
embracing 13.77 acres in the Indian River adjacent to Section 19,
Township 26 South, Range 37 East, Brevard County, for material to
be used in construction of Pineda Causeway, State Road 404, Section
70004-2503. The Department disclaimed an area of equal size of a
borrow area previously granted by the Trustees.
The Department of Natural Resources reviewed the site and indicated
that the water depth was greater than 6 feet and seagrasses did not
grow in the area.
ALSO: The Merritt Dredging Company, in connection with the above
Department of Transportation request, applied for a dredge permit
for removal of 311,000 cubic yards of material from a borrow area
abutting Section 19, Township 25 South, Range 37 East, Indian River
in Brevard County. The material will be placed on the Pineda
Expressway. The biological report stated that the new dredge area
will result in shorter pumping distances.
On motion by Mr. Dickinson, seconded by Mr. Adams and adopted without
objection, the Trustees authorized issuance of (1) temporary borrow
easement to the Department of Transportation, and (2) dredge permit
to Merritt Dredging Company subject to dredging and spoiling being
done so that a maximum of 50 Jackson units, using standard candle
turbid-meter test, shall not be exceeded and if, during dredging
or spoiling operations, the turbidity exceeds 50 Jackson units the
dredging and spoiling shall cease until the turbidity level returns
to normal.
ESCAMBIA, SANTA ROSA, OKALOOSA AND WALTON COUNTIES - Seismograph
Survey. The Geophysical Service, Inc., of New Orleans, Louisiana,
requested permission to conduct a seismograph survey over state
water bottoms in the inshore bay areas extending from Perdido Bay
to Choctawhatchee Bay, utilizing air guns instead of explosives.
The Department of Natural Resources approved the survey and assigned
Permit No. 87 to the project. The survey will end on or about
September 1970.
On motion by Mr. Christian, seconded and duly adopted, the Trustees
approved the seismograph survey insofar as the interest of the Board
extends .
GLADES COUNTY - Dredge Permit, Section 253.123 Florida Statutes.
Mr. H. E. Walker of Moore Haven, Florida, applied for permission
5-19-70
- 694 -
to dredge in Turkey Creek, a tributary to the Caloosahatchee River
in Section 26, Township 42 South, Range 30 East, Glades county, to
a depth of 11 ft. and 75 ft. wide, for drainage and access to the
river. The material removed will be placed on applicant's upland
property.
The staff recommended approval subject to removal of the dam located
in old abandoned Caloosahatchee River bed between Turkey Creek and
the sand company canal as requested in the biological report which
was adverse. The Director said a structure under Flood Control
District plans was to be built, the location being a matter between
the owners and the Flood Control District.
Mr. Christian made a motion for approval.
Mr. Adams said it looked like Turkey Creek might be destroyed by
plans of the Flood Control District which caused him great concern.
He asked for deferment, whereupon Mr. Christian withdrew his motion.
Without objection, the Trustees deferred action for two weeks.
LEE COUNTY - Dredge Permit to Improve Navigation,
Section 253.123 Florida Statutes,
Mr, F, James DeLozier, representing W, & H* Waterways, Inc, applied
for permit for dredging a navigation channel 30 ft, wide, 3 ft. deep
and 110 ft. long, parallel to the shoreline in Section 13, Township
46 South, Range 23 East, Hurricane Bay in Lee County. The material
removed will be placed on applicant's upland, and the biological
report was not adverse.
On motion by Mr. Christian, seconded by Mr. Adams and adopted without
objection, the Trustees authorized issuance of the dredge permit to
the applicant.
MANATEE COUNTY - Dredge Permit to Improve Navigation and Upland,
Section 253.123 Florida Statutes.
Mr. Dewey A. Dye, Jr., on behalf of Suncoast Realty company, applied
for permit authorizing dredging of a navigation channel 70 ft. wide
top cut, 6 ft. deep and 3,100 ft. long in Section 22, Township 35
South, Range 17 East, Sarasota Bay in Manatee County.
Applicant tendered check for $3,700 as payment for 37,000 cubic
yards of material to be removed from the channel and deposited on
his upland property.
The biological report was adverse, but the applicant had reduced
the size of the proposed channel, submitted payment for all the
material to be removed and agreed to perform the work with a
dragline as suggested in the biological report.
On motion by Mr. Christian, seconded by Mr. Adams and adopted
without objection, the Trustees authorized issuance of the requested
permit.
MONROE COUNTY - Dredge and Fill Permit, Section 253.03 Florida
Statutes, To Improve Upland and Navigation.
Mr. Alfred Dallago, represented by James T. Glass, applied for a
permit to dredge a 50 ft. wide by 150 ft. long by 5 ft. deep access
channel adjacent to Section 27, Township 62 South, Range 38 East,
on sovereignty land in Monroe County; and permit to dredge three
5-19-70
- 695
50 ft. wide by 100 ft. long by 5 ft. deep channels and a perimeter
channel 30 ft. wide by 500 ft. long by 5 ft. deep on submerged
land heretofore conveyed.
The material removed will be used to fill approximately 3.5 acres
of submerged land purchased under Trustees Deed No. 21510. The
applicant tendered check for $80 as payment for 800 cubic yards
of material to be removed from sovereignty land.
The biological report was adverse, but the applicant had amended
his plan by locating the perimeter channel on submerged land
heretofore conveyed instead of on sovereignty land and, in addi-
tion, is paying for all material to be removed from sovereignty
land.
On motion by Mr. Adams, seconded by Kr. Christian and adopted
without objection, the Trustees authorized issuance of the requested
permit.
PINELLAS COUNTY - Maintenance Dredge Permit, Section 253.123 F. S.
Pinellas County Water and Navigation Control Authority issued
Permit No. DO-183 for maintenance dredging adjacent to Section 23,
Township 27 South, Range 15 East, in St. Joseph Sound subject to
Trustees' approval. The applicant. Storm Harbor Marina, Inc.,
planned to remove the material from the channel and deposit it in
two spoil areas.
The biological report indicated only limited adverse effects were
anticipated.
On motion by Mr. Christian, seconded by Mr. Adams and adopted
without objection, the Trustees approved issuance of the dredge
permit subject to dredging being done by dragline method, spoil
placed so that tidal circulation will not be affected, with spoil
areas not to exceed 300 ft. long placed 500 ft. apart and 500 ft.
from shore, as recommended by the staff.
BROWARD COUNTY - Dredge Permit for Utility Installation,
Section 253 .123 (2) (b) Florida Statutes.
On motion by Mr. Adams, seconded by Mr. Christian and adopted
without objection, the Trustees approved the application of Florida
Power and Light Company for permission to dredge to install a
submarine power cable in Sections 6 and 7, Township 49 South,
Range 43 East, Broward County, in the Intracoastal Waterway. The
biological report was not adverse. Applicant tendered check for
$100 in payment of the processing fee.
ST. JOHNS COUITTY - Dredge Permit for Utility Installation,
Section 253.123 (3) (b) F. S., File No. 545.
On motion by Mr. Adams, seconded by Mr, Christian and adopted
without objection, the Trustees approved the application of Florida
Power and Light Company for permission to dredge to install a sub-
marine power cable in Township 17 South, Range 30 East, Matanzas
River in St. Johns County, for which the processing fee of $100
and a favorable biological report had been filed.
SARASOTA COUNTY - Dredge Permit for Utility Installation,
Section 253 .123 (2) (b) F. S., FiltNO. 547.
5-19-70
- 696 -
On motion by Mr. Christian, seconded by Mr .Adams and adopted
without objection, the Trustees approved the application of Florida
Power and Light company for permission to dredge to install a
submarine power cable in Section 15, Township 38 South, Range 18
East, Blackburn Bay in Sarasota County, for which applicant had
tendered the $100 processing fee. The biological survey report was
not adverse.
PALI4 BEACH COUNTY - Commercial Dock Permit, Section 253.03 F. S.
On motion by Mr. Adams, seconded by Mr. Christian and adopted
without objection, the Trustees approved application of Arvida
corporation for a permit for construction of a marginal wharf along
the Intracoastal /Waterway in Section 29, Township 47 South, Range
43 East, Palm Beach County, for use by the United States Coast Guard
Auxiliary. All required exhibits including $100 processing fee had
been submitted .
RESOLUTIOI; - The Director presented for consideration a resolution
that the Trustees suggested on May 5 and deferred action on May 12,
whereunder the Trustees v;ould requxre review and study of plans of
public projects such as causeways, roads, bridges and other works
that affect sovereignty lands and the biological environment prior
to granting easements for right of way, borrow pits or spoil areas,
dredging and filling permits, or approving bulkhead lines. At Mr.
Adams' request the staff had prepared a resolution that designated
the Trustees' staff as the agent responsible for reviev;ing and
coordinating studies of plans for public works projects by state
agencies and by local governments. Then the staff had modified the
resolution as suggested by the Attorney General by inserting the
name of the Interagency Advisory Council on Environmental Safeguards
to make the review and studies of plans; however, no members of the
council were designated as the members of the Environmental Safe-
guards Council had not been designated in the January 6 resolution
of the cabinet.
Governor Kirk said he did not understand the Attorney General's
letter, that the Trustees had long practiced such studies and review
of e.pplications, that agencies or members of the council proposed
by the Attorney General had never been designated, and that the
Department of Transportation and other agencies were willing to
leave the responsibility in the Trustees rather than to move it to
another group. In his opinion the members of the council were the
Trustees, the Governor said, and the staff could coordinate with
state agencies and notify all County Commissioners and other local
and state agencies concerning public works projects on state
sovereignty lands.
The Secretary of State pointed out that the Board had JiOt been
reviev/ing plans of structures over sovereignty lands as had been
brought out in the Pineda causeway applications before the Board on
May 5. He agreed that the Environmental Safeguards resolution
contained desirable aims but it did not specify people or agencies,
was not tied down. He said if the Trustees did want such plans
reviewed it would be fine to have the Trustees' staff coordinate the
studies or there might be some group of agencies or people designated
as the responsible council.
Mr. Apthorp explained the problem of timing, that requests had come
to the staff for easements, fill permits or bulkhead lines after
contracts had been signed and starting dates fixed by the Depart-
ment of Transportation and some local governmental agencies.
5-19-70
- 697 -
Motion was made by Mr. Christian, seconded by Mr. Dickinson and
adopted without objection, that the resolution be adopted placing
the responsibility in the Trustees of the Internal Improvement
Trust Fund.
SUBJECTS UNDER CHAPTER 18296
On motion by Mr.Adeuns, seconded by Mr. Christian and adopted without
objection, the Trustees approved Report No, 965 and one regular bid
for sale of a parcel of land in Union County to John D. Griffis
and Alvin A. Griffis under provisions of the Murphy Act, Chapter
18296 Acts of 1937, Section 197.350 Florida Statutes.
On motion duly adopted, the meeting
ATTEST !
Ai^/a.
EXECUTIVE DIRE
* * *
Tallahassee, Florida
May 26, 1970
The State of Florida Board of Trustees of the Internal Improvement
Trust Fund met on this date in the office of the Governor, in the
Capitol, with the following members present:
Claude R. Kirk, Jr.
Tom Adcims
Earl Faircloth
Fred O. Dickinson, Jr.
Floyd T. Christian
Doyle Conner
Governor
Secretary of State
Attorney General
Comptroller
Commissioner of Education
Commissioner of Agriculture
James W. Apthorp
Executive Director
The minutes of the meeting on May 12 were approved as submitted.
PALM BEACH COUNTY - File No. 24981 (1991-50), Litigation, DiVosta
Rentals, Inc., vs. Claude R. Kirk, Jr., et al. Circuit Court of the
Second Judicial Circuit in and for Leon County, Florida, case
No. 69-1219.
On October 21, 1969, the Trustees denied an application by DiVosta
Rentals, Inc., for a permit under Section 253.124 Florida Statutes,
to fill a parcel of sovereignty land in Lake Worth abutting Section
27, Township 43 South, Range 43 East, in the City of West Palm
Beach, Florida.
Litigation ensued resulting in an order adverse to the Trustees in
the above cited case. On this date the counsel of the Board of
Trustees recommended that judicial review be limited to the filing
5-26-70
- 698
of a motion for rehearing. The Director said that the staff
consulted with the office of the Attorney General who had handled
the case, and with tne Board's counsel, and that the consensus was
that the recommendation would be not to appeal.
Secretary of State Adams said that members had received a copy of
the Judge's opinion, that the Board should be careful of the cases
that are litigated, that in this instance the Judge had said it was
the duty of the Trustees before approval of sales to consider any
other factors affecting the public interest, the Court will presume
that they did so, ana having taken the plaintiff's money they
cannot now say that the public interest is such as to prevent the
purchaser putting the property to the use for which it was bought.
He also noted that the Judge said that the Trustees determined that
the filling was not undesirable, but that the land, v;hen filled,
should be used as a public park; but in that event the State must
acquire title by purchase or condemnation. Mr. Adams added that the
Board should consider this opinion in relation to applications that
come before the Trustees.
Mr. Apthorp said that very cood legislation had been proposed that
would require handling all at one cime the applications for bulk-
head lines, sales and fill permits, with a time limit for the
filling.
Mr. Christian asked if this ruling might affect the Honeymoon
Island fill, but the Director said in that case it was a permit
from the Corps of Engineers and not a Trustees' permit.
Mr. Faircloth did not recommend an appeal. That being the
consensus of opinion, the Trustees directed no further appeal
be made.
PINELLAS COUNTY - Bulkhead Line, Section 253.122 Florida Statutes.
The Pinellas County Water and Navigation Control Authority on
Octobsr 1, 1958, established a bulkhead line along the mean high
v/ater line around Grassy Island in the Anclote River in Section 12,
Township 27 South, Range 15 East, Pinellas County. There were no
objections at the local hearing and the biological survey report
was not adverse. Staff recommended approval.
On motion by Mr. Christian, seconded by Mr. Adams and adopted
without objection, the Trustees approved the bulkhead line as
established by the Pinellas County Water and Navigation Control
Authority.
PINELLAS COUNTY - File No. 2190-52-253.12(5), Purchase Application.
Granville E. Noblit, et al, represented by Jerome E. Wollinka,
Attorney at Law, applied for four parcels of filled sovereignty
land within the above described bulkhead line abutting Noblit 's
Grassy Island Replat, Plat Book 27, Page 31, public records of
Pinellas county, 1.409 acres in fractional Section 12, Township 27
South, Range 15 East, Pinellas County. The land was filled by
work of the United States Corps of Engineers in 1958 during channel
improvement of the Anclote River, the biological report was not
adverse, the application area had been reduced from 6.24 to 1.409
acres, and the application was advertised and sale recommended by
Pinellas county Water and Navigation Control Authority.
In order to clear title to the filled sovereignty land, applicant
offered $10,937.04 for the parcel, appraised at the value of
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699
$7,762.27 per acre. Staff recommended sale at the appraised value.
Attorney General Faircloth said he would vote "no", that although
better justification might be made for this sale than ordinarily
and great strides had been made changing the Trustees from what
appeared years ago to be a land sales agency, the Board had served
notice that they do not want to sell land but want the highest and
best use for the people - and he did not want to sell any of the
public land. Under current law the Trustees have to consider the
public interest as one of the factors, but Mr. Faircloth expressed
the opinion that the philosophy should be that the land could not
be sold unless it was proven to be in the public interest. That
had been proposed in House Joint Resolution No. 792 which failed
to pass in the Senate. He questioned which was in the public
interest, the $10,000 or retaining the land for some future use,
Mr. Conner thought the staff had considered that in recommending
the sale, that the Board sat as a constitutional body to try to
make such decisions and any member would be reluctant to vote
against the public interest which was something to be interpreted
and defined. Mr. Conner added that in some instances it might be
better to place the parcel on the tax rolls until there were plans
indicating need for the land for some future public use.
The Director advised that there appeared to be no public need for
the land, that the filling in 1958 under Corps of Engineers permit
was "no protested" by the Trustees (no state permit required then)
adjacent to an island owned by the applicant who after developing
the original part of the island was advised by his attorney to
purchase the submerged land. Staff had specified the appraiser
and thought there were some equities in the application, the appli-
cant had paid to have the fill placed there, of which about five
acrss \;ould remain in public ownership.
Governor Kirk said it was equitable but not necessarily in the
public interest. He felt that the Board had always acted in the
public interest.
Mr. Christian favored selling the parcel not needed for a state use
to the applicant v/ho was the only one that could purchase it. He
did not see how holding the parcel with no apparent usefulness would
be in the public interest, whereas the $10,000 would be useful.
Mr. Faircloth said the parcel might be of some benefit in the
future, and that planning might reveal its usefulness.
Mr. Adams noted that under current law in the sale of submerged
land, the Trustees had to consider that it was not against the
public interest to sell - not that it was in the public interest;
but if the interpretation of the law was changed he v/ould like to
vote v/ith the Attorney General. He and other members and the
Governor agreed with the suggestion that the Attorney General do
some research on a possible policy change for the Trustees.
Motion v;as made by Mr. Dickinson, seconded by Mr. Conner, and
adopted on a vote of four to two, thac the sale to Mr. Koblit be
confirmed. Mr. Christian and Governor Kirk voted in the affirmative,
Messrs. Faircloth and Adams voted "no", and without five approving
votes the sale failed to pass.
BREVARD COUI'JTY - Dedication, Swamp and Overflowed Lands.
On October 22, 1968, the Trustees authorized dedication of 461.6
acres in Township 24 South, Ranges 36 and 37 East, to Brevard county
5-26-70
- 700 -
for public park and recreation purposes. At that time no specific
plan or schedule for utilization of the land was submitted as required
by provisions of Section 253.111 Florida Statutes. No dedicatory
instrument issued.
After numerous conferences by county representatives and Trustees'
staff, a plan and timetable for developing the land was submitted
and endorsed by the Division of parks and Recreation of the Depart-
ment of Natural Resources. The plan is to create a nature preserve
accessible to the public through construction of pathways, observa-
tion tower and other compatible facilities. The county proposes to
begin construction two months after the land is rededicated, with
completion in approximately three years.
On motion by Mr. Christian, seconded by Mr. Adams and adopted
without objection, the Trustees reconfirmed the dedication and
authorized issuance of the instrument with appropriate restriction
and reverter provisions.
DUVAL COUNTY - Release of Restrictive Covenants, File No. 22544
(628-16) - 253.12.
Southern Baptist Hospital of Florida, Inc., represented by Lawrence
D. Fay, requested release of restrictive covenants and reverter
clause contained in Deed No. 22544(628-16) granted on June 21, 1960,
to Southern Baptist Hospital. A parcel of 1.46 acres of sovereignty
land in the St. Johns River was conveyed in 1960 to the hospital
for a nominal consideration of $246.
Successors in title now require release of the restriction and
reverter clause so that suitable financing can be secured, and the
applicant agreed to pay the appraised value of $3,650 to obtain
such release. Staff recommended approval.
ALSO: Sovereignty Land Conveyance, Section 253.12(6) F. S.,
File NO. 2338-16-253.12(6).
Southern Baptist Hospital of Florida, Inc., represented by Mr. Fay,
requested conveyance to clear the title to 2.33 acres of filled
sovereignty land adjacent to the St. Johns River in unsurveyed
Section 23, Township 2 South, Range 26 East, Duval County. Evidence
was submitted that the land was filled between 1952 and 1953 and was
susceptible to be conveyed under provisions of Section 253.12(6)
Florida Statutes, under which the conveyance of the land is mandatory.
The consideration for such conveyance as required by law is the
appraised value of the land in the unfilled state at the time of
filling. An appraisal was secured, showing the value of $5,825.
Staff requested authority to issue a quitclaim deed.
Motion was made by Mr. Christian, seconded by Mr. Adams and adopted
without objection, that the two requests from Southern Baptist
Hospital be approved.
Governor Kirk commented it would be hard to implement such actions
if the policy proposed by the Attorney General on this date is
implemented.
ALACHUA COUNTY - Drainage Easement.
On motion by Mr. Conner, seconded by Mr. Christian and adopted
without objection, the Trustees approved request from the City of
Gainesville for a drainage easement 60 feet wide and 300 feet long
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in Sections 7 and 18, Township 9 South, Range 20 East, Alachua
County, that would be an extension of an existing drainage easement.
The easement, approved by the Board of Regents, would be across land
in use by the University of Florida.
LEE COUNTY - Electric Power Line Easement.
On motion by Mr. Faircloth, seconded by Mr. Adams and adopted without
objection, the Trustees approved the application from Lee County
Electric Cooperative, Inc., North Fort Myers, Florida, for a six-
foot wide easement across a parcel containing 3.6 acres in Section
21, Township 46 South, Range 22 East, Lee County, adjacent to the
south side of State Road 867 on Sanibel Island. The Sanibel Fire
Control District reviewed and approved the request for easement
across the parcel, under lease to the District for fire control
purposes .
TRUSTEES ' OFFICE - Records Disposal.
The Trustees authorized the Executive Director to execute a request
for records disposal to the Division of Archives, History and Records Man-
agement, Department of State, pertaining to certain form letters,
tear-off s, and petitions of objection and agreement to the Honeymoon
Island dredging matter in Pinellas County that was on the agenda
of May 12, 1970, File No. 306-52, SAJSP Permit (59-77) .
The Director advised that about 12,000 pieces of various kinds of
correspondence were received and when appropriate, responded to by
the staff; and the statistical data had been tabulated and recorded.
BREVARD COUNTY - Dredge Permit to Improve Navigation,
Section 253.123 F. S., File No. 470.
The City of Satellite Beach applied for permission to dredge a
navigation channel 1000 feet long, 50 feet wide, 4 feet deep, and
a navigation channel 800 feet long, 50 feet wide, 4 feet deep, in
the Banana River adjacent to Section 34, Township 26 South, Range
37 East, Brevard County. The city would have the material placed
on city property and requested waiver of the 10<: per cubic yard
required payment for dredge material removed from an aquatic preserve,
The city had agreed to relocate the bulkhead line to the mean high
water line in an effort to preserve the integrity of the Banana
River Aquatic Preserve from possible encroachment.
The biological report was adverse, but there were no apparent
feasible alternate routes available that would diminish adverse
biological effects.
Mr. Adcuns asked if one channel instead of two might not be sufficient.
The Director said with one channel only, a perimeter channel crossing
in front of the park would be required which would be a safety
hazard, and the requested alignment was better.
On motion by Mr. Christian, seconded by Mr. Conner and adopted
without objection, the Trustees approved issuance of the dredge
permit as requested, without charge for the material.
COLLIER COUNTY - Dredge Permit to Improve Navigation, Section 253.123.
C. F. Geitz, Naples, Florida, applied for a permit for channel
connection for three separate boat slips to Johnson Bay and Hurri-
cane Pass in Section 25, Township 51 South, Range 25 East, Collier
County. Approximately 80 cubic yards of material to be removed
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would be placed on the applicant's upland.
The biological report prepared for a bullchead line in the area
stated that any development should be done so that the work would
preserve the mangroves, and dredging should be limited to necessary
navigation channels of realistic width and depth. The application
complied with the biological report recommendations.
In answer to Mr. Faircloth's request for more specific information,
the Director said the application was to make a connection of an
upland channel to the bay, just taking the "plug" out, that 80 cubic
yards would be the maximum amount of material removed.
On motion by Mr. Christian, seconded by Mr .Adams and adopted without
objection, the Trustees approved issuance of the dredge permit as
requested.
DUVAL COUNTY - Dredge Permit for Maintenance Dredging,
Section 253.123 Florida Statutes.
On motion by Mr. Adams, seconded by Mr. Christian and adopted without
objection, the Trustees approved the application from Jacksonville
Port Authority for maintenance dredging at Talleyrand Docks and
Terminals in Township 2 South, Range 27 East, St. Johns River in
Duval county. The material would be placed in an existing spoil area
south of the Fuller Warren Bridge, and the biological report was not
adverse.
PUTNAM COUNTY - Dredge Permit to Improve Upland,
Section 253.123 Florida Statutes, File No. 483.
Woodrow W. Daugherty applied for a permit to remove muck and vegeta-
tion adjacent to his upland on Swan Lake in Section 9, Township 9
South, Range 23 East, offering $50 as minimum payment for the material
to be removed. He proposed to replace it with white sand.
The biological report was adverse, and the staff recommended denial.
Mr. Adcims noted that the biological report indicated that if other
methods and different tools were used than what the applicant
proposed, the biological damage might be greatly reduced. He sug-
gested that action be deferred to explore that possibility.
On the motion by Mr. Adams, adopted without objection, the Board
deferred action on Mr. Daughterty's application.
FLAGLER COUNTY - Utility Installation Permit, Section 253.03(7) F.S.
Southern Bell Telephone and Telegraph Co., Jacksonville, Florida,
applied for a permit to lay a telephone cable on the bottom of the
Intracoastal Waterway in Section 38, Township 11 South, Range 31
East, Flagler County. Applicant tendered check for $100, the
required processing fee.
On motion by Mr. Christian, seconded by Mr. Adams and adopted
without objection, the Trustees approved issuance of the permit.
DUVAL COUNTY - Commercial Dock Permit, Revision; Section 253.03 F. S.
The City of Jacksonville, by its Director of Public Works, applied
for an amended permit for the construction of a dock facility at the
Mayport Boat Launching Raunp in the St. Johns River in Section 38 of
the Andrew Dewees Grant, Township 1 South, Range 29 East, Duval
County. All required exhibits were furnishedj the adjacent owner
offered no objections to the revisions of the original permit
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703 -
No. CD-1543 approved by the Trustees on September 30, 1969.
On motion by Mr. Faircloth, seconded by Mr. Adeums and adopted
without objection, the Trustees authorized issuance of the requested
permit and waived the $100 processing fee for the public facility.
DUVAL COUNTY - Commercial Dock Permit, Section 253.03 F. S.
On motion by Mr. Christian, seconded by Mr. Faircloth and adopted
without objection, the Trustees authorized issuance of commercial
dock permit to Daly's Boatyard, Inc., in care of Eagle Marine of
Jacksonville, Florida, to permit the modification and extension of
an existing dock in St. Johns River adjacent to Fort George Island
in Township 1 South, Range 29 East, Duval County, for which all
required exhibits, including $100 processing fee, had been submitted.
MANATEE COUNTY - Commercial Dock Permit, Section 253.03 F. S.
On motion by Mr. Conner, seconded and adopted without objection,
the Trustees authorized issuance of commercial dock permit to
Whitney Beach Condominium, in care of Paul Neal, Jr., Longboat Key,
Sarasota, Florida, for the construction of a wharf along Bishop's
Bayou in Section 22, Township 35 South, Range 16 East, Manatee
County, for which all required exhibits including $100 processing
fee had been submitted.
PINELLAS COUNTY - Commercial Dock and Boat Ramp, Revision;
Section 253.03 Florida Statutes.
On motion by Mr. Christian, seconded and adopted without objection,
the Trustees authorized issuance of a commercial dock 2uid boat ramp
permit for the revision of a proposed dock and boat ramp facility
in Tampa Bay at Point Pinellas Subdivision south of Furman Avenue
in Section 18, Township 32 South, Range 17 East, Pinellas County,
for which all required exhibits had been furnished. The Trustees
waived the $100 processing fee for this public facility applied for
by the City of St. Petersburg.
MONROE COUNTY - Dredge to Improve Navigation, Section 253.03 F. S.
David B. Cable, represented by James T. Glass, applied for permis-
sion to dredge a perimeter channel 5 ft. deep, 50 ft. wide and 570
ft. long, adjacent to uplands owned by the applicant in Section 22,
Township 61 South, Range 39 East, Newport Bay, Key Largo, in Monroe
County. Approximately 4,500 cubic yards of material from sover-
eignty land would be placed on uplands along the channel.
The biological report was adverse, but concerned itself with
vegetation on the applicant's property. A plan of development was
submitted indicating that approxiinately 20 acres of vegetation
would be preserved in its natural state for a nature trail and
buffer zone.
On motion by Mr. Didcinson, seconded by Mr. Christian and adopted
without objection, the Trustees approved the application for permit
to dredge to improve navigation as recommended by the staff.
Secretary of State Tom Adams noted that the Board had taken action
to prevent improper use by public bodies of sovereignty bottoms of
the state. His attention had been called to certain developers in
the state who actually platted lots on sovereignty lands not yet
in their ownership, in some instances issued brochures and sold lots
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- 704 -
without proper authorization - and then applied for after-the-fact
permits. The Director said he would investigate the circumstances,
that the staff might work out same cooperative approach with the
Division of Installment Land Sales similau: to what was being worked
out with the Depeurtment of Transportation.
Mr. Adams also referred to his request on April 7 that the staff and
the Natural Resources Department study what appeared to him an oppor-
tunity to develop a system of marine peurks on spoil islands existing
on the east and west coasts of Florida. The Director said Mr. Ney
Lamdrum had a number of ideas and would have a report to present to
the board soon.
The BOcurd directed that an advance agenda item proposed for considera-
tion on June 9 not be placed on the agenda, with reference to an
application for certain spoil islands adjacent to Semta Rosa Island
which might be useful for state purposes rather than to turn them
over to some other agency or authority.
SUBJECTS UNDER CHAPTER 18296
On motion by Mr .Dickinson, seconded and adopted without objection,
the Trustees approved Report No. 966 listing one regular bid for sale
of a parcel of land in Sumter County to Cliff A. Kelley under
provisions of Chapter 18296, Acts of 1937, Section 197.350 Florida
Statutes.
On motion duly adopted, the meeting
ATTEST:
/^ Executive directIr /
* * *
Tallahassee, Florida
June 2, 1970
The State of Florida Board of 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
Earl Faircloth
Fred 0. Dickinson, Jr.
Broward Williams
Floyd T. Christian
Doyle Conner
Governor
Secretary of State
Attorney General
Comptroller
Treasurer
Conunissioner of Education
commissioner of Agriculture
James W. Apthorp
Executive Director
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705
The minutes of the meeting of May 19 were approved as submitted.
POLICY. Attorney General Earl Faircloth, referring to the discussion
on May 26 regarding a change of policy for the Trustees on appli-
cations for sale or lease, said he had found no legal impediment
to the adoption of a resolution stating that no applications for
the sale or lease of state land would be considered by the Cabinet
unless the applicant could show that it was in the public interest.
The Director should affirmatively make a recommendation as to whether
it is in the public interest, and the Board would make the inter-
pretation of the public interest to be served by the sale or lease.
Mr. Faircloth said the Senate did pass a bill which would be on the
ballot in November, but the Trustees could change the policy now
as the fiduciaries of state land. He said a management and use
plan for state lands projected against population needs was needed,
that the public interest should be considered first, that the Supreme
Court has said state land does not have to be sold, and he moved the
adoption of a resolution which he had sent with a memorandum to each
member on June 1.
Mr. Williams seconded the motion for adoption of the resolution.
Mr. Christian asked who would interpret the public interest with
respect to applications, adding that he had thought an application
for sale was in the public interest which the Board had denied
recently. He thought many sales were in the public interest in his
judgment, if not usable for a state purpose. Mr. Faircloth said
the land might be useful twenty-five years from now for a public
purpose and such information would be available if an Environmental
Control Safeguard Agency or planner was working, and lack of infor-
mation could cause inconsistency in the consideration of applications
on their merits.
Mr. Conner said they should declare a moratorium to last no longer
than necessary to prepare a plan projecting state land needs for
twenty-five or thirty years. He felt it might be unfair to indivi-
duals to try to interpret the public interest without a plan, that
it would be intangible and hard to substantiate a refusal to sell,
and an outright moratorium would be more equitable to the general
public. He asked if the Attorney General would recommend to him
what was in the public interest.
Mr. Adams pointed out that nothing in the law requires sale of
land, that in the eibsence of proof that a sale is in the public
interest the land would remain in its natural condition. He thought
this policy clarified the situation and provided more guidelines.
Mr. Christian did not object to the resolution but thought that
was what the Board had been doing whenever it considered applica-
tions. Governor Kirk agreed but said the Trustees might confirm
the policy. Mr. Dickinson did not object to the motion in the sense
of protecting the public interest but expressed the opinion that
the Board considered the merits or lack of merit in every applica-
tion brought to them by the staff. He hoped sales of sovereignty
lands were not precluded where it was obvious that there was no
state need for the land.
Mr .Williams said the staff would scrutinize each proposal more
carefully, that each case must be considered on its merits, and in
the event an applicant had a different opinion his proposal could
be placed on the agenda for the Board to make the decision.
Mr. Conner said he was voting for what was in the public interest
but without a plan to guide him, it might be difficult to decide.
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706 -
The Director said the staff would need sane policy guidance, that
he had several questions with respect to leases.
On the motion by Mr. Faircloth, seconded by Mr. Williams cuid adopted
without objection, the following resolution was passed and executed
by the Trustees:
RESOLUTION
WHEREAS, Florida's publicly-owned land is a vitally importamt
resource which should be preserved for the use of all her
citizens; and
WHEREAS, past sales of this publicly-owned land have
significantly depleted this vital resource; and
WHEREAS, stringent measures must now be adopted to preserve
what remains of this resource for future generations; and
WHEREAS, the State of Florida Board of Trustees of the
Internal Improvement Trust Fund has fiduciary duty to act on
behalf of all the citizens of Florida; NOW THEREFORE,
BE IT RESOLVED that the State of Florida Board of Trustees
Revised. of the internal improvement Trust Fund does hereby declare that
See minutes no further sales or leases of state-owned land will take place
July 21, unless the applicant for the sale or lease can affirmatively
1970. demonstrate that same would be in the public interest; and BE IT
FURTHER RESOLVED, that the Trustees' staff is hereby
directed to include in its recommendations on each sale or
lease a statement as to whether same would be in the public
interest.
DONE in The Capitol, Tallahassee, Florida, this 2nd day
of June, 1970.
SARASOTA COUNTY - Bulkhead Line, Section 253.122 Florida
Statutes; Dedication for Road Right of Way and Fill Permit for
Dedicated Street.
On the recommendation of the Director the Trustees deferred for
two weeks consideration of a bulkhead line relocated by the Sarasota
County Water and Navigation Control Authority in Roberts Bay adja-
cent to Section 1, Township 37 South, Range 17 East, Sarasota
County, which will allow construction of a platted road as shown
on plat of Siesta Beach Subdivision. By Resolution 70-65 dated
March 31, 1970, the county had requested dedication of the submerged
area landward of the bulkhead line for road right of way and approval
of fill permit for the dedicated street only.
No dredging of the sovereignty land was contemplated in the road
construction. The biological survey was adverse and several
objections were filed.
BREVARD COUNTY - File No. 1990-05-253.12(5), Filled Sovereignty
Land Sale Denial. On May 19, 1970, the Trustees considered a land
sale application from Walter C. Sheppard, on behalf of Eddie D.
Thomas, for a parcel of filled sovereignty land in the Indian
River abutting Section 21, Township 29 South, Range 38 East,
Brevard County, at the appraised value. Applicant desired to
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707
acquire land between his upland ownership and the existing ineem
high water line of the Indian River. The parcel was filled either
by overfill during construction of State Road 5 or accretion.
Having given an easement to the State Road Department for the
highway, the applicant retained riparian rights - a situation that
exists in the area for two or three miles along State Road 5 (U. S.
No. 1) .
The Director reported that the applicant had requested thirty days'
delay subsequent to preparation of the agenda. Staff recommendation
was to deny the sale of the 0.577 acre parcel.
Motion was made by Mr. Christi6m, seconded by Mr. Adams and adopted
without objection, that the application be denied.
ORANGE COUNTY - File No. 2298-48-253.36, Land Sale.
James C. Robinson, on behalf of Dr. C. R. Stewart and wife, applied
to purchase a 0.367 acre parcel of reclaimed lake botton land lying
between the original meander line and the 86.4 foot contour line
in Lake Conway abutting Reserved Lot, Block "C" of Nela Isle,
Island Section, Plat Book "0", page 99, public records of Orange
County, in Section 30, Township 23 South, Range 30 East, at the
appraised value of $1,600.00 for the parcel.
Sale of the parcel was approved by the Lake Conway Water and
Navigation Control District on November 29, 1969. That Authority
advertised the land and held public hearings pursuant to Chapter
57-1643, Laws of Florida.
The staff recommended that the sale be confirmed at the appraised
value for the reclaimed lake bottom, and that applicant be required
to pay the cost of the appraisal. Mr. Dickinson noted that the
parcel had no public access. The Director explained that Lake
Conway is a control led-ele vat ion lake with a control structure,
that at the time the lake level was established it caused a strip
of land all around the lake to be exposed and about two hundred
parcels had been disposed of to the upland owners.
On motion by Mr. Dickinson, seconded by Mr. Christian and adopted
without objection, the Trustees confirmed sale of the reclaimed
lake bottom land to the applicamt at the appraised value, applicant
to pay cost of the appraisal.
DADE COUNTY - File No. 2329-13-253.12, Application to be Advertised.
Willicim J. Roberts, attorney, representing H. P. Forrest, Trustee,
applied for a 4.4026 acre parcel of sovereignty land in Biscayne
Bay abutting Section 22, Township 53 South, Range 42 East, in
Miami Beach, Dade County, desired for construction of a hospital.
The parcel is landward of the bulkhead line approved by the Trustees
on March 21, 1967, and reaffirmed by the Interagency Advisory
Committee on June 25, 1968. The biological report stated that sale
and development would have adverse effects on the small amount of
remaining marine life that now existed in the area. The Director
said it was an area of limited marine productivity.
Mr. Faircloth commented that to advertise for objections implied
that sale would be considered. Mr. christian said he considered
use for a hospital was in the public interest.
On motion by Mr. Christian, seconded by Mr. Dickinson and Mr.
Williams, adopted without objection, the Trustees authorized
6-2-70
- 708 -
advertisement of the parcel for objections only.
MANATEE COUNTY - File No. 2153-41-253.12, Application to be Advertised,
Dewey Dye, Jr., on behalf of O. R. Icard, offered the appraised value
(to be determined) for purchase in order to clear title to a 2.18
acre parcel of sovereignty land adjacent to Bowlees Creek abutting
Section 26, Township 35 South, Range 17 East, Manatee County. The
parcel was landward of the bulkhead line approved by the Trustees on
February 6, 1970, in a canal which the staff was convinced was
eurtificially created quite a number of years ago on uplands. The
Director said the alternative to the sale might be a suit to quiet
title, and the staff recommended advertisement for objections.
The biological survey report stated that the proposed purchase area
appeared to be a draglined canal extending off Bowlees creek, and
that the "inland lagoon" had definite value to marine life.
On motion by Mr. Dickinson, seconded by Mr. Christian and adopted
without objection, the Trustees authorized advertisement of the parcel
for objections only.
GADSDEN COUNTY - Water Line Easement. Mr. Jack Peacock requested
permission to connect a water line to the Gadsden County State
Farmers' Market water line to serve his residence and that of his
mother and sister. The City of Quincy will place a meter on the
line to serve the applicants.
The Department of Agriculture and Consumer Services has no objection
to the easement which will be 6 feet wide and approximately 632 feet
long adjacent to the east property line of the market property.
On motion by Mr. Faircloth, seconded by Mr. Williams and Mr. Dickin-
son, adopted without objection, the Trustees authorized issuance of
a permit granting the water line easement subject to revocation by
the Board after thirty days' notice in the event an adequate supply
of water is not available for market use as a result of the water
line connection.
DADE COUNTY - Lease Assignment.
On motion by Mr. Christian, seconded by Mr .Dickinson and adopted
without objection, the Trustees approved the assignment of Campsite
Lease No. 2390 from Murl R. Magers to H. Earl Smalley, executed copy
of assignment having been filed in the Trustees' Office.
ESCAMBIA COUNTY - Utility Permit, Section 253.03(7) F. S.
On motion by Mr. Dickinson, seconded by Mr. Williams and adopted
without objection, the Trustees authorized issuance of a permit for
$100 processing fee to Southern Bell Telephone and Telegraph Company
to lay a telephone cable on the bottom of the Intracoastal Waterway
in Sections 14 and 26, Township 3 South, Range 33 West, EsceurOaia
County .
GLADES COUNTY - Dredge Permit, Section 253.123 Florida Statutes.
Deferred by the Trustees on May 19 and placed on the agenda again
this week was the application from H. E. Walker for a permit to
dredge Turkey Creek, a tributary of the Caloosahatchee River in
Section 26, Township 42 South, Range 30 East, Glades County, for
drainage and access to the river. The material removed from the
6-2-70
- 709
creek would be placed on applicant's upland.
The biological report was adverse, and staff recommended approval
subject to removal of the dam located in old abandoned Caloosa-
hatchee River bed as requested in the biological report.
Mr. Adams raised further questions on this application, stating
that the applicant had already received an award for property
needed by Central and Southern Florida Flood Control District that
in effect took the applicant's riparian rights, that now the appli-
cant makes a request to change the control structure. Mr. Adeuns
felt that the small feeder streams should be protected and called
attention to adverse remarks of the Game and Fresh Water Fish
Commission.
Mr. Adams made a motion, seconded by Mr. Faircloth, that the
application be denied.
Mr. Apthorp explained that in event of denial, the Flood Control
District would place the structure in the lower end and cut off the
oxbow and creek from contributing to the Caloosahatchee River, that
the District's powers were broad in construction of such structures,
and he indicated that he would like to discuss the matter further
with Mr. Adcuns' staff.
Without objection, the Trustees deferred action for a week.
INDIAN RIVER COUNTY - Dredge Permit, Utility Installation,
Section 253.123 (2) (b) , File 565.
On motion by Mr. Christian, seconded by Mr. Dickinson and adopted
without objection, the Trustees approved application of Southern
Bell Telephone and Telegraph Company for a permit to install a
submarine telephone cable in the Indian River in Sections 26-28,
Township 31 South, Range 39 East, Indian River County, for which
$100 processing fee was tendered and the biological report was not
adverse.
LEE COUNTY - Seawall and Backfill, Section 253.03 F. S.,
SAJSP Permit 70-196.
Willicim 0. Clark requested permit for a seawall and backfill along
the foreshore of the Caloosahatchee River (FCD Canal C-43) in
Section 19, Township 43 South, Range 27 East, Lee County, above the
normal high water line of the Caloosahatchee River (FCD C-43) -
however, it will be affected by the impoundment of water. Central
and Southern Florida Flood Control District by letter had waived
objection to the project which would prevent erosion and loss of
upland and reduce turbidity in the area.
On motion by Mr. Williams, seconded by Mr. Christian and adopted
without objection, the Trustees authorized issuance of the permit.
MONROE COUNTY - Dredge to Improve Navigation and Fill Permit to
place a breakwater on submerged lands heretofore conveyed; Section
253.03 Florida Statutes. Elizabeth Tobi, represented by James T.
Glass and Willicim R. Roberts, applied for a permit to dredge a
navigation channel 50 ft. wide, 5 ft. deep and 850 ft. long on
sovereignty land, and to dredge a channel 100 ft. wide, 15 ft. deep
and 700 ft. long on submerged land heretofore conveyed. Also,
permit was requested to construct a 50 ft. wide, 3 ft. high, 600
ft. long breakwater 6n submerged land heretofore conveyed under
6-2-70
- 710
Trustees Deed No. 22806.
The biological report reconunended reduction in dimensions of the
channel proposed to be dredged on the conveyed land and applicant
was requested to make the recommended adjustment, but did not comply.
Staff recommended denial of the application.
Motion was made by Mr. Faircloth, seconded by Mr. christian, that
the application be denied.
At this point, Mr. Roberts, attorney, asked to be heard. He
explained that in representing various applicants from Monroe County
during the last two years, he had tried to work out adjustments to
minimize biological damage; but in this instance there was no basis
for compromise as the applicant desired the 100 ft. wide channel.
That channel and the breakwater would be on her own property pur-
chased prior to the moratorium, and the Trustees were asked to allow
the dredging as proposed. Mr. Roberts said there would still be
some property purchased by the applicant but remaining outside the
breakwater .
Mr. Adams, commenting that for all practical purposes the land the
applicant owned but would leave outside the breakwater would be
available for public use, suggested that the applicant deed that
land back to the state. Mr. Roberts thought his client would be
willing to consider that suggestion, whereupon Mr. Christian said
he recommended denial and working out a proposal.
A substitute motion made by Mr. Faircloth, seconded by Mr. Christian
and adopted, was to defer action for a week.
MONROE COUNTY - Dredge and Fill Permit, Section 253.03 F. S.,
Deed NO. 21739(18-44), File 176.
Howard J. Ward, represented by Fred A. Bee, applied for a permit to
dredge a navigation channel extension 5 ft. deep, 500 ft. long,
40 ft. wide, adjacent to Section 11, Township 66 South, Range 32
East, in Hawk Channel, Monroe County. Applicant tendered check for
$370.40 as payment for 3,704 cubic yards of material to be removed
and placed on 0.68 acre parcel of submerged land previously conveyed.
The existing channel was authorized under SAJSP Permit 65-241 prior
to the requirement for a state permit.
The applicant had amended the application as recommended by the
biological survey report, and staff recommended approval.
On motion by Mr. Dickinson, seconded by Mr. Christian and adopted
without objection, the Trustees approved issuance of the dredge
and fill permit as recommended by the staff.
SARASOTA COUNTY - Dredge Permit to Improve Navigation,
Section 253.123, Florida Statutes.
I. Z. Mann, Bay Harbour Apartments, applied for dredge permit to
connect an existing 80 ft. wide channel to Sarasota Bay in Section
22, Township 36 South, Range 17 East, Sarasota County. Approxi-
mately 90 cubic yards of material will be removed and placed on
upland property. The Town of Longboat Key approved the applica-
tion on April 15, 1970.
The biological report was not adverse, and staff recommended
approval.
6-2-70
- 711
On motion by Mr. christian and Mr. Conner, seconded by Mr. Dickinson
and adopted without objection, the Trustees approved issuance of
the dredge permit.
OSCEOLA -POLK COUNTIES - Dredging to Improve Navigation, Sec. 253.03.
In January, 1966^ Exotica Gardens, represented by Robert S. Edwards,
attorney, began work without a state permit to widen an existing
canal in Section 19, Township 28 South, Range 29 East, in Lake
Hatch-ineha in Osceola and Polk Counties. Applicant immediately com-
plied with request to stop work and apply for after-the-fact permit.
The Game and Fresh Water Fish Commission had reported that in
addition to placing material on lake bottoms, 57 cypress trees on
state-owned land had been cut down. However, field inspection and
topographic survey based on the 52.6 upper lake stage regulations
adopted by Central and Southern Florida Flood Control District
indicated that the majority of the trees were landwaird of this eleva-
tion and were on the applicant's upland property. Some material had
been placed on lake bottoms. On September 20, 1968, the Florida
Geune and Fresh Water Fish Commission reported favorably on issuance
of permit subject to standard stipulations as to dredging.
All of the land in the project is dry due to the annual drawdown of
the water level by the Flood Control District in carrying out its
lake stage regulation program. (Lake stage regulation high 52.6';
low 48.5'; at time of survey lake was at 49.10'.) Construction
across the exposed lake bottom will do little damage to biological
resources.
Applicant offered $200 as payment for any biological deunage that
might have occurred and for 533 cubic yards of material removed from
an area 15 ft. wide, 240 ft. long and 5 ft. deep conterminous to and
southerly of the existing channel. All material to be removed from
this project area, including that placed on state lake bottom land,
will be placed on applicant's upland.
On motion by Mr. Adams, seconded by Mr. Dickinson and adopted without
objection, the Trustees approved issuance of the after-the-fact
permit.
POLK COUNTY - Dredge Permit to Improve Navigation and Upland.
Section 253.123 Florida Statutes.
C. A. Hatchett, represented by W. A. Read, Jr., made application to
remove 13,000 cubic yards from Crooked Lake in Section 23, Township
31 South, Range 27 East, and tendered check for $1,300 as payment
for the material. He proposed to place the material on Icinds that
he considers his upland but are lakeward of the ordinary high water
line as determined by £. W. Bishop.
Staff recommended denial because (1) the project violates the terms
of the resolutions adopted by the Trustees on January 20 and
February 3, 1970, and (2) the Department of Air and Water Pollution
Control is opposed to the project that will increase turbidity and
suspend silt in the lake.
On motion by Mr. Christian, adopted without objection, the Trustees
denied the application for dredge permit.
OKALOOSA COUNTY - Commercial Dock, Section 253.03 Florida Statutes.
On motion by Mr. Dickinson, seconded by Mr, Adeuns and adopted
6-2-70
- 712 -
without objection, the Trustees approved the application of Gene H.
Knox for permit to construct a dock along the south shore of Santa
Rosa Sound west of Brooks Bridge (U. S. Highway 98) in Township 2
South, Range 24 West, Santa Rosa Island in Okaloosa County, for
which all required exhibits and $100 processing fee were submitted.
LAKES POLICY - The staff requested authority to decline to accept any
applications affecting fresh water lakes unless it could be shown
that they were in the public interest consistent with the resolutions
adopted January 20 and February 3, 1970. A number of people had
suggested that the staff automatically reject applications in lakes,
but some applicant might demand a hearing by the Board and might be
entitled to that.
Mr. Faircloth said the resolution adopted on this date was precisely
what was done in January and February as to lakes. He thought the
staff needed some direction, should have some latitude in accepting
applications and recommending to the Board whether they were in the
public interest as with other stibmerged lands.
Mr. Adams suggested that no action was needed to decline to accept
applications, that the criteria for other submerged lands would be
followed. He mentioned that one of the resolutions expressed the
aim of maintaining drinking water quality in lakes which didn't
exist in many instances, that channels were often needed, and if
lakes were to be treated separately from other submerged land there
was need to try to synthesize the two resolutions and formulate a
reasonable basic policy relating to lakes.
Mr. Apthorp advised the Trustees that the ladies who had sponsored
the lakes resolution had requested Congress and the President to
set aside a Lake Week.
BREVARD COUNTY - The Director had advised the members that the
staff would have a recommendation for consideration on June 9 on the
request of Brevard County for a dredge and fill permit for a cause-
way connection to a bridge that was already constructed on the
north-south highway. However, county Commissioner Lori Wilson and
others were present on this date and asked to be heard.
Mrs. Wilson explained something of the background of the situation
where the Trustees in 1968 during the moratorium, at the urging of
Brevard County, had sold submerged land and granted dredge and fill
permits to an upland owner who was going to fill a public road.
She said the developer had not kept its covenant with the Trustees
and the county Commissioners and the county had now rescinded its
approval of the dredge and fill permit, had requested an investiga-
tion by the Trustees, and requested revocation of the Heimpton Homes
dredge and fill permit and that the county be given a fill permit
to use material from the designated area to get on with the job of
connecting the bridge to the highway.
Mr. Robert L. Nabors, county attorney, referred to the fact-finding
hearing on March 20, said that the county was now in a position and
desired its own separate dredge and fill permit to fill the right
of way to connect the bridge, and he did not think the two things
(Hampton Homes permit and county permit) had to be closely tied
together.
Mr. Adams commented that the staff would bring a recommendation
to the Trustees when a borrow area had been relocated. Mr. Dickin-
son and Mr. christian expressed approval of the county's going
6-2-70
- 713 -
ahead with connection of the bridge and indicated favorable
consideration by the Trustees when the staff recommendation was
made.
The Director said the state would work out the borrow area for the
dredge permit, but that the Hampton Homes matter might not be ready
next week as the hearing transcript was lengthy and staff counsel
had not completed the recommendation.
SUBJECTS UNDER CHAPTER 18296
On motion by Mr . Williams, seconded by Mr. Dickinson and adopted
without objection, the Trustees considered Murphy Act Report No.
967 and authorized issuance of County of Hillsborough Deed No. 2518-
Corrective to Corine H. Stewart in lieu of the original Murphy Act
deed of that number dated June 24, 1943, to C. N. Sells, deceased,
for the purpose of correcting the neime ot^fie grantee .
On motion duly adopted, the meeting
ATTEST:
Tallahassee, Florida
June 9, 1970
The State of Florida Board of Trustees of the Internal Improvement
Trust Fund met on this date in Senate Hearing Room 31 with the
following members present:
Claude R. Kirk, Jr.
Tom Adcuns
Earl Faircloth
Fred O. Dickinson, Jr.
Broward Williams
Floyd T. Christian
Doyle Conner
Governor
Secretary of State
Attorney General
Comptroller
Treasurer
Commissioner of Education
Commissioner of Agriculture
James W. Ap thorp
Executive Director
The minutes of the meeting of May 26 were approved as submitted.
MONROE COUNTY - File No. 2304-44-253.12, Land Sale Denied.
On April 14, 1970, the Trustees considered application from Robert
O. Reinert to purchase a parcel of sovereignty land containing 0.24
acre, more or less, in the Atlantic Ocean abutting Section 6,
6-9-70
- 714
Township 64 South, Range 37 East, Upper Matecumbe Key, Monroe County.
Notice of sale was published in the Key West Citizen, proof of publi-
cation filed and no objections received. Applicant offered the
appraised value. The appraisal had not been completed.
Applicant desired to fill the parcel in the belief that the work
would eliminate a stagnant pocket. The area was primarily a dredge
area, sovereignty land on each side had been sold, and one of the
adjacent parcels had been filled. Applicant was applying for a
navigation channel, and spoil from the channel would be placed on
the parcel applied for by Mr. Reinert.
The Director said that under the new policy (the resolution adopted
last week) the staff could not say that the sale would be in the
public interest and recommended denial.
Mr. William J. Roberts, attorney, presenting a showing of the public
interest involved in his client's application, stressed the existence
of a debris-catching pocket in the area resulting from the adjacent
prior sale and fill and pointed out that parcels on the other side
had been sold out to the line established for five adjacent sales.
However, Mr. Adams said that on only one side had the conveyed land
been filled, that to allow sale and fill of the application parcel
would mean that the same pocket-condition would then exist on the
next parcel, and so on down the shoreline.
The Director stated that the policy did not take into account adjacent
or prior sales but that any sale after the June 2 adoption date must
be in the public interest. As the biological report showed that
selling, dredging and spoiling of the subject parcel would have
definite adverse effects on productive marine habitat in the remain-
ing undredged area, the staff could not say that the sale was in
the public interest.
Attorney General Faircloth, noting that Mr. Roberts argued that the
sale would be in the public interest whereas the staff held the
opposite view, asked the staff to begin work on standards or check
points by which applications might be measured as being in the
public interest or not. He said it would be clear to determine the
public interest, for instance, if the land was needed immediately
for a state park.
The Director thought the burden should be on the applicant to show
that the proposal was in the public interest. In this case the
staff of the Trustees and the Natural Resources Department had
reviewed the application and it appeared that the applicant's
presentation did not override the adverse biological report. Mr.
Apthorp said the staff would try to prepare something more definitive.
Without objection, the Trustees approved the staff recommendation
and denied sale of the parcel of land.
PALM BEACH COUNTY - File No. 2310-50-253.12, Application to be
Advertised. Paul Maddock, represented by Owen H. Libby, Jr., offered
the appraised value for purchase of a parcel of sovereignty land in
Lake Worth abutting Government Lot 6, Section 3, Township 45 South,
Range 43 East, 0.123 acre in the Town of Lantana, Palm Beach County.
The applicant desired to improve the foreshore by construction of
a seawall to connect with an existing seawall and prevent erosion
of uplands. The parcel did not extend out to the established
bulkhead line.
6-9-70
715
The biological survey report stated that the small fill project
should not have significant adverse effects on marine biological
resources. The Area Planning Board of Palm Beach County had no
objection to the sale and fill of the parcel.
The Director said the staff recognized the application as being in
the public interest, that an erosion condition existed that might
be stabilized by the proposed work.
Motion was made by Mr. Dickinson that the parcel be advertised.
The Attorney General seconded the motion but noted that it would
be the first step in a sale and the staff should show on the agenda
what the recommendation would be as to the public interest. The
Director explained that when the staff recommended advertisement
they intended to recommend the sale unless valid objections were
received as a result of the advertisement. Mr. Faircloth added
that advertising did not mean em automatic approval of sale.
The motion to advertise for objections only was adopted.
PALM BEACH COUNTY - File No. 2311-50-253.12, Application to be
Advertised. William E. Benjamin II, represented by Owen H. Libby,
Jr., applied to purchase a parcel of sovereignty land in Lake Worth
abutting Government Lot 6, Section 3, Township 45 South, Range 43
East, 0.412 acre in the Town of Lantana, Palm Beach County. Appli-
cant offered to pay the appraised value for the parcel, for the
purpose of constructing a seawall and backfilling to connect with
a proposed seawall and to prevent erosion of uplands. The parcel
did not extend out to the estciblished bulkhead line.
The biological report stated that the small fill project should not
have significant adverse effects on marine biological resources.
The Area Planning Board of Palm Beach County had no objection to
the sale and fill of the parcel.
The staff recognized the application as being in the public interest,
as an erosion condition existed that might be stabilized by the
proposed work.
On motion by Mr. Dickinson, seconded by Mr. Faircloth and adopted,
the Trustees authorized advertisement for objections only.
DADE AND MONROE COUNTIES - Channel Easement, File No. 2342-13
and 44-253.03. The Central and Southern Florida Flood Control
District applied for an easement for construction of Canal C-108
embracing approximately 7 acres of sovereignty land in Barnes Sound
sQsutting Section 14, Township 59 South, Range 39 East, Dade and
Monroe Counties. After an adverse biological report the project
was modified to involve an estimated 4 acres of submerged land only.
On motion by Mr. Christian, seconded by Mr. Conner and Mr. Adams,
and adopted without objection, the Trustees authorized issuance of
easement for the project as modified.
VOLUSIA COUNTY - Quitclaim Deed, File 2343-64-253.12(6).
George J. Pandapas and Caliope G. Pandapas, represented by Paul E.
Raymond and Senator Frederick B. Karl, requested a quitclaim deed
to a parcel of land embracing 1.75 acres in Government Lots 2 and
3 lying west of John Anderson Highway in Section 3, Township 14
South, Range 32 East, Volusia County, in order to clear title to
the parcel. Lands in the area were sold by the Trustees prior to
6-9-70
- 716 -
1957 for $200 per acre. Staff recommended approval for processing
fee of $100 and a consideration of $350 for the parcel.
On motion by Mr .Adams, seconded by Mr. Dickinson and adopted without
objection, the Trustees authorized issuance of the quitclaim deed as
recommended by the staff.
LEON COUNTY - Easement. Southeastern Telephone Con^any, Tallahassee,
Florida, requested an easement covering the Florida State university
main campus, dairy farm, alumni village and trailer park for the
purpose of providing and maintaining telephone and communications
service to the university.
On motion by Mr. Adams, seconded by Mr. Faircloth and adopted
without objection, the Trustees authorized issuance of the easement
that had been approved by the general counsel of the State Department
of Education and approved by the BOeurd of Regents on May 4, 1970.
MONROE COUNTY - Transfer of land. The Board of Public Instruction
of Monroe County requested the Division of Recreation and Pcirks,
Department of Natural Resources, to make available a 29.3 acre tract
within the John Pennekeunp coral Reef State Park described as Lots 1,
2, 6, 7 and 8, lying southeasterly of the F. E. C. Railroad right of
way in Section 12, Township 61 South, Range 39 East, for public school
purposes. The former Peurk Board at its meeting on January 19, 1969,
approved the request in view of Monroe County having contributed
land at no cost to the state for Bahia Honda and Long Key State Pcurks.
The tract was acquired from J. G. McKay, Jr., as Trustee of the El
Radabob Liquidation Trust, with a restriction that the land must be
used for public park purposes. Mr. McKay as Trustee had advised
that he would release the 29.3 acres from the use restriction on
condition that the deed to the Board of Public instruction of
Monroe County contain a public school purpose clause.
By resolution adopted on May 26, 1970, Monroe county waived objection
to the transfer.
Transfer of the land was approved on this date by the Depeurtment of
Natural Resources.
On motion by Mr. Williams, seconded by Mr. Christian and adopted
without objection, the Trustees approved the request and authorized
transfer of the 29.3 acres to the Board of Public instruction of
Monroe County for public school purposes only.
LEVY COUNTY - Aquaculture Lease. Pursuant to advertisement author-
ized by the Trustees on April 1, published in the Chiefland Citizen,
the Trustees considered on this date a sealed bid for an aquaculture
lease of 101 acres of submerged land at five sites in the Gulf of
Mexico near Cedar Key, Florida, for cultivating oysters. The lease
was offered for a term of Ih years subject to renewal for additional
10-year periods upon agreement of both parties, the bidding consid-
eration to be the highest annual rental offered with a minimum
annual rental of $3 per acre for first l^s years, $5 per acre for
1^5 through 5 years, $10 per acre for 6 through 10 years, plus a
royalty to be assessed after the first Ih years' operation. The
successful bidder would be required to furnish a performance bond
of $50,000 and written consent of the upland ripariaui owners, all
within 10 days after award of the lease.
6-9-70
- 717
No objections were received during the period of advertisement. One
bid was received, from International Oceanographic Corporation,
offering for the total 101 acres a bid of $4 per acre and an addi-
tional $5 for each year for each acre under cultivation plus a
royalty of 2% of gross income, for the next 1^5 to 5 years $6 per
acre plus $10 per acre for each acre under cultivation plus the same
royalty, for the next 6 to 7 years $10 per acre plus $15 per acre
for each acre under cultivation plus the same royalty, and for the
next 8 to 10 year period $12 per acre plus $20 for each acre under
cultivation plus the same royalty of 2% of gross income. Check for
$490 was tendered as advance payment for the first iH years' rental
by Barrett G. Johnson for the corporation.
Mr. Apthorp recommended acceptance of the rental and bonus but no
action at this time on the royalty.
Motion was made by Mr. Conner, seconded by Mr. Williams, that the
recommendation be accepted. Discussion followed as to the absence
of a basis for deciding on the royalty to be required and whether
l^S years was the proper time to begin receiving a royalty on
production.
Wilton R. Miller, attorney representing the corporation, understood
the recommendation but hoped the royalty could be decided before
execution of the lease, and would like an opportunity to discuss the
matter with the Director and the Trustees. The Director said he
would make a recommendation to the Board on the royalty.
On the motion by Mr. Conner, seconded by Mr. Williams, the Trustees
accepted the bid of international Oceanographic Corporation as to
the rental and bonus, leaving open for the present the details as
to royalty.
ST. LUCIE COUNTY - Erosion District.
Ralph B. Wilson, County Attorney of St. Lucie County, on behalf of
St. Lucie County Erosion District, requested that the Trustees assure
the United States Corps of Engineers that lands within the project
would remain in public ownership during the life of the project.
On motion by Mr. Dickinson, seconded by Mr .Adams and adopted without
objection, the Trustees withdrew all lands from sale, lease or other
use that would conflict with the beach nourishment project on a
6,800 foot strip of Atlantic beach lying south of the jetty extend-
ing southerly along Hutchinson Island in St. Lucie County,
MONROE COUNTY - Fill Permit, Section 253.03 Florida Statutes.
Donald Hawley, president of Central Keys Marine Corporation, repre-
sented by Bailey, Mooney, Post Associates, Inc., applied for a fill
permit for submerged land in Florida Bay in Section 28, Township 63
South, Range 37 East, acquired under Trustees Deed No. 21694 dated
December 12, 1957, and Deed No. 21412 dated November 2, 1956, to
complete construction of the enclosure of a yacht basin. Fill
material would come from other sources.
The project was started without a permit, applicant was stopped by
the Trustees' office on December 11, 1968, and requested to file for
a permit, and the application for a permit on the agenda February
25, 1969, was removed by the Trustees' action. The biological
report stated that the filling was not in the best interest of
conservation .
6-9-70
718
The staff recommended issuance of partial after-the-fact permit for
completion of the work. Mr. Dickinson ccmmented that the applicant
had acted in good faith to stop work and apply for a permit. Mr.
Adams noted that the penalty policy was adopted after the permit
was applied for by this applicant.
On motion by Mr. Dickinson, seconded and adopted without objection,
the Trustees authorized issuance of the fill permit.
BREVARD COUNTY - Dredge and Fill Permit. On motion by Mr. Adams,
seconded by Mr.Faircloth and adopted without objection, the Trustees
approved the application from Canaveral Port Authority for a permit
to dredge a new turning basin and to fill in an area previously
filled in Section 10, Township 24 South, Range 37 East, in the Banana
River, Brevard County. The biological survey report was not adverse.
GLADES COUNTY - Dredge Permit, Section 253.123 Florida statutes.
The application from H. E. Walker, deferred on May 19 and June 2,
was again presented for consideration with staff recommendation for
approval of the dredge permit subject to removal of the dam located
in old abandoned Caloosahatchee River bed between Turkey Creek and
the sand company canal as requested in the biological report. The
Director said that the applicant was present to answer any
questions the members might have.
Motion was made by Mr. Christian, seconded by Mr. Faircloth, that
the recommendation of the staff be accepted.
Mr. Adams questioned the width of 75 ft. requested instead of the
usual 50 ft. width for navigation channels. The Director advised
that the width was determined in this case by the water flow rather
than navigation. Mr. Adams expressed other objections based on
the biological and Flood Control District recommendations, and was
assured by the Director that the applicant had not done work in
the creek or river without a permit.
The motion by Mr. Christian, seconded by Mr. Faircloth, for approval
of the application as recommended by the staff was adopted on a
vote of five to two, with Mr. Adams and Governor Kirk voting "No."
MONROE COUNTY - Dredge and Fill Permit, Section 253.03 F. S.
Presented for further consideration was the application of Eliza-
beth Tobi, represented by William J. Roberts, deferred last week,
for a permit to dredge to improve navigation and to place a break-
water on submerged land heretofore conveyed under Trustees Deed
No. 22806. In accordance with the Trustees' suggestion the appli-
cant agreed to reconvey to the Trustees 1.35 acres of submerged
land seaward of the breakwater provided she be allowed to construct
the breakwater 75 feet seaward of her upland and to maintain the
proposed depth of 15 feet in the boat basin. Staff recommended
approval of the application, issuance of permit to be conditioned
upon receipt of deed to the land to be reconveyed to the Trustees.
On motion by Mr. Dickinson, seconded by Mr. Faircloth and adopted
without objection, the Trustees approved the application on the
condition recommended by the staff.
MONROE COUNTY - Dredge and Fill Permit, Section 253.03 F. S.
Joseph G. Moretti, Inc., represented by James T. Glass, applied
6-9-70
- 719 -
for a permit to remove 8,800 cubic yards of material from a navigation
channel constructed on sovereignty land in Section 22, Township 62
South, Range 38 East, in Florida Bay, Monroe County. Applicant
tendered check for $880 as payment for the material to be removed
and placed on 8.5 acres, more or less, of submerged land acquired
when he exchanged 7.5 acres of upland and reconveyed 100 acres, more
or less, within an erroneous meander line.
The biological report was adverse.
On motion by Mr. Adams, seconded by Mr. Faircloth and adopted
without objection, the Trustees approved the application for dredge
and fill permit as recommended by the staff.
OKALOOSA COUNTY - Dredge Permit to Improve Navigation, Section
253.123 Florida Statutes. On motion by Mr. Dickinson and Mr. Conner,
seconded by Mr. Christian, the Trustees approved the application from
Indian Springs, Inc., for a permit to perform maintenance dredging
in an existing channel in Section 15, Township 2 South, Range 25 West,
Santa Rosa Sound in Okaloosa County. The material would be placed
on applicant's upland, and the biological report was not adverse.
OSCEOLA COUNTY - Dredge Permit to Improve Upland, Section 253.123 F.S.
Thomas L. Rebik applied for permission to remove 2,000 cubic yards
of material to fill upland property, and tendered check for $200 for
the material to be removed from East Lake Tohopekaliga in Section 28,
Township 25 South, Range 30 East, Osceola County.
The biological report was adverse and recommended denial of the
permit. Staff recommended denial based on that report and the
project not being in the public interest. Mr. Conner so moved.
Mr. Adams noted that the biological report indicated that certain
modifications of the plan would eliminate the objections. He
suggested that the applicant be given an opportunity to comply.
Mr. Conner withdrew his motion to deny the permit and the matter was
deferred pending receipt of further word from the applicant.
LEE COUNTY - Commercial Dock Permit Time Extension.
On motion by Mr. Faircloth, seconded by Mr. Christian and adopted
without objection, the Trustees granted request of the Department
of the Army Coastal Engineering Research Center for 210-day exten-
sion to perform under State commercial Dock Permit No. CD-1651 issued
Mcirch 3, 1970, made necessary because unavailability of test piling
had delayed construction of the test facility.
PALM BEACH COUNTY - Commercial Dock Permit, Section 253.03 F. S.
On motion by Mr. Christian, seconded by Mr. Conner and adopted
without objection, the Trustees approved the application from MGIC
of Florida, Inc., represented by Charles McClure, attorney for
permission to construct a dock in Lake Worth adjacent to applicant's
upland property in Section 27, Township 43 South, Range 43 East,
Palm Beach County, for which all required exhibits and $100 proces-
sing fee had been submitted.
LEASE INCOME REPORT - The Trustees accepted for the record the
report of remittances to Florida Department of Natural Resources
6-9-70
- 720 -
from holders of dead shell leases, as follows:
Lease No.
1718
2233
Neune of Compemy
Radcliff Materials, Inc.
Bay Dredging & Construction Co.
Arooxint
$12,784.79
5,651.08
SUBJECTS UNDER CHAPTER 18296
HILLSBOROUGH COUNTY - Murphy Act Deed No. 5126.
J. L. Weaver on behalf of Wayne Thomas, Inc., a Florida corporation
made application to purchase the state's reserved interest of 50%
of the oil and gas and 75% of the other minerals and fissionzQile
materials in one acre of land in Section 11, Township 30 South,
Range 20 East, Hillsborough County, conveyed in Hillsborough county
Murphy Act Deed No. 5126 dated Janueiry 15, 1960.
A value of $15 for the oil and gas and $381.15 for the other
minerals had been determined by Dr. R. O. Vernon, State Geologist.
Staff recommended sale of the reserved interest.
On motion by Mr. Dickinson, seconded by Mr. Adams and adopted
without objection, the Trustees authorized sale of the s1
reserved interest in the oil, gas and other minerals for
of $396.15.
On motion duly adopted, the meeting wa
ATTEST:
(hAAm U ■
CUTIVE DIRECTO
Tallahassee, Florida
June 16, 1970
The State of Florida Boaurd of Trustees of the internal Improvement
Trust Fund met on this date in Senate Heauring Room 31 with the
following members present:
Tom Adams
Earl Faircloth
Fred O. Dickinson, Jr.
Floyd T. Christian
James W. Ap thorp
Secretary of State, Acting Chairman
Attorney General
Comptroller
Commissioner of Education
Executive Director
The minutes of the meeting of Juno 2 were approved as submitted.
6-16-70
721
Before consideration of the agenda was begun, the Secretary of
State brought up a reported trespass on state sovereignty land in
Collier County near Vanderbilt Beach and the Wiggins Pass area.
The members of the Board were aware of growing concern regarding
what might be a sizable trespass and asked for a brief report that
would let the public know how the matter was being investigated.
Mr. Apthorp said the Trustees had a field representative on the
site on three occasions to gather information, that a survey by a
private surveyor was being made, and the staff had asked for and
received cooperation of the State Attorney in pursuing the matter
under the Trustees' policy of March 10 authorizing the staff to
contact the various State Attorneys for assistance in prosecuting
trespassers on state lands in accordance with the provisions of
Section 253.03 Florida Statutes. The field investigator had
turned over all the information gathered to the State Attorney
who would be furnished the surveyor's information also, by the end
of this week. The Director advised that accusations had been made
of him and the staff by a certain party, who apparently was not
present today, but that the matter was being pursued diligently.
Mr. Adams expressed the opinion that the Trustees expected action
toward investigating anything of this nature, and as soon as it
was determined that there had been a trespass some legal action
would be taken.
VOLUSIA COUNTY - Bulkhead Line.
At the request of the applicant, the staff recommended deferment
for an indefinite time of consideration of a bulkhead line along
the south side of Port Orange Causeway in the Halifax River in
Volusia County, on which the biological survey report was adverse.
On motion by Mr. Dickinson, seconded by Mr. Christian and adopted
without objection, the recommendation was accepted.
PINELLAS COUNTY - Bulkhead Line.
The Pinellas County Water and Navigation Control Authority on
April 28, 1970, considered a bulkhead line 2,015.83 feet long in
Clearwater Harbor south of State Road 60 (Memorial Highway) in
Section 16, Township 29 South, Range 15 East, Pinellas County,
and recommended denial by the Trustees. There were objections at
the local hearing and the biological survey report by the Depart-
ment of Natural Resources was adverse.
The staff recommended that the proposed bulkhead line be denied.
Mr. Apthorp said the City of Clearwater had requested deferment
until it could take the matter up with the county again, that denial
would be without prejudice, and that if the line is revised it
might be considered. Mr. Adams commented that any modification
had to emanate from the local authority.
On motion by Mr. Christian, adopted without objection, the Trustees
accepted the recommendation for denial of the bulkhead line,
confirming the action of Pinellas County Water and Navigation
Control Authority.
SARASOTA COUNTY - Bulkhead Line.
The Sarasota County Water and Navigation Control Authority relocated
the bulkhead line in Roberts Bay adjacent to Section 1, Township
37 South, Range 17 East, Sarasota County, on October 10, 1968.
6-16-70
722 -
The line originally proposed in the early part of 1966 was located
at the limits of Siesta Beach Subdivision, The line now proposed
had been drawn back approximately 100 feet and would allow construc-
tion of a platted road as shown on plat of Siesta Beach Subdivision,
Plat Book 1, Page 167.
Sarasota County Resolution No. 70-65 dated March 31, 1970, requested
dedication of a portion of the submerged area landward of the bulk-
head line for road right of way purposes. In connection therewith
a bulkhead line should be established to allow the filling to
construct the platted road. The county resolution indicated that
the road construction was in the public interest and necessary to
provide access for property owners in the subdivision.
Objections were filed and on June 2 the Trustees deferred action.
The biological survey report was adverse, but the line approxi-
mately 550 feet long would affect only a very minor area of Roberts
Bay in which the remainder of the bulkhead lines were set approxi-
mately at the mean high water line.
The staff recommended approval of the line. The Director on this
date said that the objections had now been withdrawn.
On motion by Mr. Christian, seconded by Mr. Dickinson and adopted
without objection, the Trustees approved the bulkhead line as
relocated by Sarasota County on October 10, 1968.
In connection with the bulkhead line, staff recommended approval of
the request of the Board of County commissioners for dedication of
sovereignty land for public right of way and approval of fill permit
for the dedicated street. No dredging of sovereignty land was contem-
plated in construction of the road. An objection had been withdrawn.
Motion was made by Mr. Christian, seconded by Mr. Dickinson and
adopted without objection, that the dedication and fill permit be
approved. However, since five approving votes were required for
disposition of land, the Director said the dedication would be
placed on the agenda again next week.
DADE COUNTY - File No. 2144-13-253.12, Application for Sale.
Eugene N. Bechamps, on behalf of Key Biscayne Yacht Club, requested
further consideration of sale of 0.16 acre in Canal Haciendo pro-
posed to be filled and a permit for docks in the remainder of the
canal. On January 13 the Board postponed action pending receipt of
an appraisal and a report on advisability of the sale. The staff
appraiser determined valuation for the entire parcel at $1,850 and
for the 0.16 acre parcel at $400.
The Dade County Building and Zoning Department advised that the
canal was not zoned for any particular use, and in the event it was
acquired the owner would have to apply for appropriate zoning. The
vacant lot owned by the Yacht Club on the south side of the canal
was zoned single family residential.
The Yacht Club invited objectors to a meeting on May 18 to apprise
them of the club's plans, but there had been no apparent change in
the number of objections to the proposed sale. The biological
report submitted on October 21, 1968, is adverse. To date the
applicant has not shown that the sale is in the public interest.
On the printed agenda the staff had recommended denial of the sale,
but on this date the Director asked for deferral. Interested
pcirties were present who did not object to deferment.
6-16-70
- 723
Mr. Adams pointed out that the Legislature and the Trustees both
had shifted the basis of consideration of a sale to whether it was
in the public interest, that this placed on applicants the burden
of proving the public benefit to be served by a sale. Mr. Adams
was assured by the Director that the staff notified an applicant
before placing an application on the agenda, of the new concept
and the proposed staff recommendation so that he might have an
opportunity to add information to the presentation to meet the new
policy.
Without objection, the Trustees deferred consideration of the sale.
Mr. Raymond Turner objected to sale and filling of the cemal on
behalf of himself and the owner of property immediately adjacent
to the land sought for purchase. He asked that notice of the next
hearing be furnished to the adjacent owners and that legal action
be taken to remove a fence that obstructs public access to the
canal.
Mr. Adams said that objectors would be notified, and that the
matter could not be settled today because there were not five
members present. Mr. Christian added that the recommendation was
to deny the sale.
TECHNICAL ADVISORY COMMITTEE ON FRESH WATER LAKES MANAGEMENT.
The Chairman of the Technical Advisory committee on Fresh Water
Lakes Management requested authority to expand the scope of the
committee's investigation to include not only reclaimed lake
bottom lands but also similar matters affecting all fresh water
lakes, meandered or not. The policy adopted January 20 was aimed
only at lakes that have been pennanently lowered. However, at the
first committee meeting it was decided that it was appropriate to
determine methods for locating high water lines of all lakes.
Also, the committee desired to know whether the policy adopted on
June 2 requiring sales of sovereignty lands to be in the public
interest applies to reclaimed lake bottom lands. The January 20
policy applying to reclaimed lake bottom lands states, in part:
"The Bocird . . . may sell ... reclaimed lake bottcxns if not
determined by the Trustees to be contrary to the public interest.
Each application for the purchase of reclaimed lake bottom lands
should be considered on its own merits to determine whether the
lands should be disposed of."
On motion made by Mr. Christian and adopted without objection, the
Trustees authorized the committee's investigation to include all
fresh water lakes, meandered or not, and directed that the June 2
policy requiring sales to be in the public interest be applied also
to reclaimed lake bottom lands.
Also, the Trustees appointed Mr. Frank Andrews, Consulting Geolo-
gist, to the Technical Advisory Committee on Fresh Water Lakes
Management in lieu of Mr. A. O. Patterson who had retired.
GLADES COUNTY - File No. 2302-22-253.36. Application for Sale.
In view of the above action requiring sales of reclaimed lake
bottom lands to be in the public interest, the staff recommended
denial of sale of 1.77 acres of reclaimed lake bottom in Lake
Okeechobee lying between the 17 ft. contour line and the right of
way line of Levee L-50 in unsurveyed Section 24, Township 40 South,
Range 32 East, Glades County, between upland owned by the applicant.
6-16-70
724 -
S. D. Oevrell, and the levee right of way.
The parcel had been advertised, no objections received, and
subsequent to the May 5 advertised sale date the Central and
Southern Florida Flood Control District advised that additional
right of way would not be needed in the area.
Applicant originally offered $475 per acre, then offered to pay the
appraised value when determined. However, he objected to the $805
per acre appraisal. Mr. Fred E. Click, representing Mr. Dewell and
another applicant, Mr. J. R. Click, presented copies of a prepared
statement and briefly reviewed the application made in 1964, accep-
tance of the price of $475 quoted by the staff three different times,
expense and delays through no fault of the applicants, who gave road
right of way and agreed to plans of the Flood Control District which
told the owners they would be able to purchase the reclaimed lake
bottom landward of the levee. He protested the delay since 1964,
during which time many other owners in the immediate area had
purchased the reclaimed lake bottom between their upland and the
levee .
Mrs. Dewell, speaking in behalf of this application, said the upland
property had been owned for over fifty years, her parents gave up
the lake view for the Flood Control District project and since 1964
the application for the land which she referred to as their "front
yard" had been pending.
Explaining the delay, the Director said there had been moratoriums
on sale of reclaimed lake bottom lands and a committee appointed
which worked on the policy of January 20, then the June 2 policy
relating to sales in the public interest was adopted. While he
understood the applicants ' frustration, he did not think it should
change the policy. Mr. Fred Vidzes, staff member, discussed the
delays prior to Mr. Apthorp's appointment as director. He said
there were problems of erroneous surveys and legal descriptions, no
fault of the applicants but difficult to resolve, and earlier land
sale moratoriums. Many earlier sales in the area had been made at
$475 per acre. The upland owners had the first opportunity to
purchase such lands but there was a possibility of their use for
a public purpose at some time in the future - and the staff found
it difficult to define the term "in the public interest."
Mr. Christian and Mr. Dickinson both questioned why the application
was not considered in the public interest under the circumstances
explained. The Director felt that there might be some potential
public use as the land was adjacent to the levee and had access to
a public road. Mr. Adams pointed out that the reclaimed lake land
was owned by the state, at one time was part of the lake, that while
the applicants were eligible to purchase they had never held title
to the land, and that as a sale required five affirmative votes
the matter would have to be deferred.
Mr. Dickinson said that government concern is the public, that
these applications should be considered not only in the light of
fixed rules, that he had great respect for his colleagues and
especially the two who had led in taking a stricter look at state
lands, but in his mind this was in the public interest and to deny
might do a wrong. He said the staff followed the law and the
regulations of the Board in making recommendations, but he intended
to vote in behalf of these applicants when the matter was again
placed on the agenda. Mr. Christian moved for deferral.
Mr. Apthorp was directed to schedule a time when five members
would be present and notify Mr. Click that the application would
6-16-70
- 725
be presented to the Trustees for final action.
GLADES COUNTY - File No. 2301-22-253.36, Application for Sale.
The application of J. R. click to purchase 4.39 acres of reclaimed
Lake Okeechobee bottcxn land lying between the 17 ft. contour line
and the right of way line of Levee L-50 in unsurveyed Section 24,
Township 40 South, Range 32 East, Glades County, was considered
along with the preceding application in these minutes, the circum-
stances being similar. The appraised value for this land was
reported at $1,367 per acre. This application was also deferred.
MONROE COUNTY - File No. 2309-44-253.12, Application to Advertise.
D. R. Gaines, represented by James T. Glass, applied for a parcel of
sovereignty land in Florida Bay abutting Section 6, Township 66
South, Range 33 East, Key Vaca, Monroe County, containing 0.87 acre
desired for mobile home development according to the original appli-
cation. There was a change of plans, however, and the staff was
advised that a low-income housing development was proposed for the
area.
The biological survey report stated that sale and development of the
1.93 acre parcel first applied for would adversely affect marine
life and wildlife in the area. Applicant reduced the application
parcel and eliminated a mangrove island. Navigation channels were
to be placed almost entirely within the area to be purchased.
Staff recommended that the 0.87 acre parcel be advertised for
objections only and that appraisal be secured.
On motion by Mr. Faircloth, seconded by Mr. Christian and carried,
the staff recommendation was adopted.
DADE COUNTY - Dedication No. 23991.
The City of North Miami was heard on April 7, 1970, with reference
to its request for approval of a revocable license for operation of
a concession on Spoil Island No. 1, one of the spoil islands in
Biscayne Bay dedicated to the city for public park and recreational
purposes. Mayor Sheppard Broad of the Town of Bay Harbor Islands
opposed the application. For lack of a motion, the Board took no
action on the application. The staff had a request from a member
of the board to place the application on the agenda again.
Mr. Adams suggested deferment in view of the fact that the Director
on May 26 had advised that a report would be presented soon with
respect to possible use of spoil islands as a system of marine
parks on the east and west coasts of Florida, Mr. Faircloth recalled
the previous presentation and saw no reason to hear arguments again.
Mr. Martin D. Kahn, legal counsel of North Miami, commented that the
spoil islands had already been dedicated to the city.
Mayor Broad, an objector, said the dedication was conditioned upon
the City of North Miami using the land only for public peirk and
recreational purposes and if not used and maintained for said
purposes the Trustees might revoke the dedication - and he would
be pleased if the spoil islands were returned to the public domain,
Mr. Stanley Goldberg, present on behalf of the Sailing Club Corp.,
proposed licensee, spoke of the youth recreational program needed
by the city and planned under terms of the agreement worked out
6-16-70
726 -
and modified as reconanended by the Trustees' staff counsel in line
with similar license agreements used by the State Park Board, the
planning for one and a half years, the protections and approvals to
be required from the Trustees and the city in the public interest and
the urgent need to be allowed to proceed with the planning on which
the Trustees would have the final approval. Mr. Goldberg felt that
overall planning for use of spoil islands as aquatic parks might take
a long time, thereby holding up North Miami's planned use of the
facilities proposed under the license agreement.
Mayor Broad read certain portions of the agreement which he considered
objectionable and not in the public interest, however, Mr. Goldberg
answered that they were included at the request of the Trustees'
staff and were those used by the State Parks Department in their
leases (pertaining to the capital investment of the licensee and the
reasonable opportunity to make a fair profit) .
The Trustees deferred action pending receipt of a report on use of
spoil islands expected in a few weeks.
HENDRY COUNTY - Oil and Gas Drilling Lease.
On December 16, 1969, the Trustees and the Board of Education
authorized advertisement for sealed bids for a five-year primary term
oil and gas drilling lease covering the reserved one-half interest
of the Board of Education in the petroleum and petroleum products
in the following privately-owned land: SE% of NE^ and S^ of Section
16, Township 43 South, Range 30 East, containing 360 surface acres,
more or less, in Hendry County.
The lease would require an annual rental of $1 per net mineral acre,
one-eighth royalty, at least one test well every 2h years, and
surety bond of $50,000. Invitation to bid was published in the
Tallahassee Democrat and the Hendry County News pursuant to law,
bids to be opened at 10 a.m. on this date. The successful bidder
was required to pay all advertising costs, and the Board reserved
the right to reject any or all bids.
The only bid received was from Louisiana Land and Exploration
COTnpany offering a cash consideration or bonus bid of $2,025 and
a check for $270 for the first year's rental.
On motion by Mr. Christian, seconded by Mr. Dickinson and adopted
without objection, the Trustees accepted the bid and authorized
issuance of the oil and gas drilling lease to Louisiana Land and
Exploration Company.
HENDRY COUNTY - Oil and Gas Drilling Lease.
On January 6, 1970, the Trustees and the Board of Education
authorized advertisement for sealed bids for a five-year primary
term oil and gas drilling lease covering the reserved one-half
interest of the Board of Education in the petroleum and petroleum
products in land in the Big Cypress Seminole Indian Reservation
described as follows: Section 16, Township 48 South, Range 33 East,
containing 640 surface acres, more or less, in Hendry County.
The lease required an annual rental of $1 per net mineral acre,
one-eighth royalty, at least one test well every 2H years, and
surety bond of $50,000. Invitation to bid was published in the
Tallahassee Democrat and the Hendry County News pursuant to law,
bids to be opened at 10 a.m. on this date. The successful bidder
6-16-70
727 -
was required to pay all advertising costs, and the Board reserved
the right to reject any or all bids.
The only bid received was from Mobil Oil Corporation offering a
cash consideration or bonus bid of $4,800 and a check for $320 for
the first year's rental.
On motion by Mr. Christian, seconded by Mr. Dickinson and adopted
without objection, the Trustees accepted the bid and authorized
issuance of the oil and gas drilling lease to Mobil Oil Corporation,
HENDRY COUNTY - Oil and Gas Drilling Lease.
On i^ril 28, 1970, the Trustees and the Board of Education authorized
advertisement for sealed bids for a five-year primary term oil and
gas drilling lease covering the reserved one-half interest of the
Board of Education in the petroleum and petroleum products in
privately-owned land described as follows: Section 16, Township
46 South, Range 33 East, 640 surface acres, more or less (320 net
mineral acres) , in Hendry County.
The lease required an annual rental of $1 per net mineral acre,
one-eighth royalty, at least one test well every 2h years, and
surety bond of $50,000. Invitation to bid was published in the
Tallahassee Democrat and the Hendry County News pursuant to law,
bids to be opened at 10 a.m. on this date. The successful bidder
was required to pay all advertising costs and the Board reserved
the right to reject any or all bids.
The only bid received was from Craig castle. Oil and Gas Properties,
offering a cash consideration or bonus bid of $320 and $320 for the
first year's rental.
On motion by Mr. Christian, seconded by Mr. Dickinson and adopted
without objection, the Trustees accepted the bid and authorized
issuance of the oil and gas drilling lease to Craig castle.
HENDRY COUNTY - Oil and Gas Drilling Lease.
On i^ril 28, 1970, the Trustees authorized advertisement for sealed
bids for a five-year primary term oil and gas drilling lease
covering the reserved one-half interest of the Trustees in the
petroleum and petroleum products in privately-owned land
described as follows: E^ of Section 11, w^j and NE% of Section
23, Township 46 South, Range 32 East, containing 800 surface acres,
more or less, in Hendry County.
The lease required an annual rental of $1 per net mineral acre,
one-eighth royalty, at least one test well every 2h years, and
surety bond of $50,000. Invitation to bid was published in the
TallcLhassee Democrat and the Hendry County News pursuant to law,
bids to be opened at 10 a.m. on this date. The successful bidder
was required to pay all advertising costs and the Trustees reserved
the right to reject any or all bids.
The only bid received was from Craig Castle, Oil and Gas Properties,
offering a cash consideration or bonus bid of $400 and $400 for
the first year's rental.
On motion by Mr. diristian, seconded by Mr. Dickinson and adopted
without objection, the Trustees accepted the bid and authorized
issuance of the oil and gas drilling lease to Craig Castle.
6-16-70
- 728 -
PASCO COUNTY - Private Campsite Lease.
Connie Lee Williams, Billie F. Williams, Freida F. Williams and
Richard F. Williams filed an application in compliance with the
policy established on April 7, 1970, for a campsite lease on a one-
acre area on which they had a structure offshore in Pasco County
that was severely damaged by Hurricane Gladys in October of 1968.
On motion by Mr. Christian, seconded by Mr. Dickinson and adopted
without objection, the Trustees authorized issuance of a campsite
lease for private purposes on an area not exceeding one acre, at
annual rental of $100 per year with option to renew lease for four
additional years.
BREVARD COUNTY - Permit No. 253.123-173.
The Brevard County Attorney had requested deferment of consideration
of adoption of the recommended order of the hearing officer on Permit
No. 253.123-173 to Hampton Homes Corp., permittee. The Director
said that while the next agenda item was related, it could be acted
on without action on the Hampton Homes permit.
Mr. Adams recalled the understanding and agreements reached initially
when the Trustees acted on representations of the local public
officials and the corporation. He expressed the opinion that there
were moral grounds for rescinding the permit and if action were to
be taken today he would make a motion to rescind and let the courts
decide on the legality of the grounds.
On motion by Mr. Christian, seconded by Mr. Dickinson and adopted
without objection, the Trustees deferred consideration of the
recommended order at the Director's suggestion.
BREVARD COUNTY - Dredge and Fill Permits, Section 253.123 and
Section 253.124 Florida Statutes.
The Brevard County Department of Public Works applied for a dredge
permit to excavate 100,000 cubic yards of fill material from Newfound
Harbor for construction of the county road through Section 25,
Township 24 South, Range 36 East, Brevard County, to connect with
a recently constructed bridge over Sykes Creek.
The biological report submitted on November 7, 1967, in conjunction
with establishment of the bulkhead line was not adverse to filling.
However, the Trustees' staff recommended requirement that culverts
be installed at suitable intervals to prevent creation of stagnant
ponds landward of the causeway.
On motion by Mr. Christian, seconded by Mr. Dickinson and adopted
without objection, the Trustees approved issuance of the permits to
Brevard County subject to requirement of culverts as recommended by
the staff.
LAKE COUNTY - Without objection, the Director removed from the agenda
consideration of a temporary experimental dredge permit to the
Florida Game and Fresh Water Fish Commission.
OKALOOSA COUNTY - Fill Permit, Section 253.123 Florida Statutes.
Lt. Col. I. 0. Steiner, Ret., and Lt. Col. Louis E. Feckner of
Fort Walton Beach, Florida, desired to construct a seawall along the
waterward boundary of Lot 472 Block 8 and Lot 219 Block 5, Okaloosa
Island Authority property, to prevent further erosion which had
6-16-70
- 729
occurred in the past due in large part to tug boats and barges
being moved along the Intracoastal Waterway which runs adjacent
and parallel to the shoreline. The material required for back-
filling would come from upland sources. The ecological study
indicated no adverse effects.
On motion by Mr. Dickinson, seconded by Mr. Christian and adopted
without objection, the Trustees authorized issuance of the permit,
BREVARD COUNTY - Fill Permit, Section 253.124 Florida Statutes.
The Board of County Commissioners of Brevard County issued a fill
permit in the Banana River in Section 18, Township 24 South, Range
37 East, subject to Trustees' approval, to the Department of Trans-
portation, for approximately 31.7 acres of submerged land within the
ownership of Canaveral Port Authority. As the plan was to add to an
existing causeway system (State Road 528, Bennett Causeway) , no
change in design was requested, but the usual standards for dredging
and filling related to water quality would be incorporated in the
permit. The biological survey report was adverse.
On motion by Mr. Dickinson, seconded by Mr. Christian and adopted
without objection, the Trustees authorized issuance of the fill
permit.
BREVARD COUNTY - Dredge Permit to Improve Navigation, Section 253.123.
Couch Manufacturing company applied for permit to dredge a turning
basin 200 feet square by 4 feet deep in the Indian River adjacent
to Section 28, Township 29 South, Range 38 East, to accommodate
cargo barges. The applicant tendered check for $320 for 3,200 cubic
yards of material to be removed from an area within an aquatic
preserve. The material would be placed on upland property, and the
biological report was not adverse.
On motion by Mr. Dickinson, seconded by Mr. Christian and adopted,
the Trustees authorized issuance of the dredge permit.
COLLIER COUNTY - Dredge Permit to Improve Navigation, Section 253.123,
Marco Island Development Corporation applied for permit to connect
twenty-four navigation channels to Roberts Bay, Smokehouse Creek
and Caxambas Pass in Sections 16, 17, 20 and 21 in Township 53
South, Range 26 East, Collier County. The canals would remain
plugged at the mouth until dredging was completed on the upland,
to reduce siltation.
Staff recommended approval, as the major portion of the adverse
effect referred to in the biological report was occurring under a
valid state permit. No. 253.123-51, and the subject permit would be
for canal connections from upland into navigable waters.
On motion by Mr. Christian , seconded by Mr. Dickinson and adopted
without objection, the Trustees approved issuance of the permit.
Mr. Adams asked if the staff was able to supervise such operations,
noting that there had been instances where the installment Land
Sales Board approved plats prior to dredge and fill permits having
been granted. Mr. Apthorp said progress was being made to make the
law and regulations known, that some development companies were
discussing their plans at an early stage, and the Installment Land
Sales Board had been informed of the situation.
6-16-70
- 730 -
ST. LUCIE COUNTY - Dredge Permit, Amendment to Permit 253.123-190.
Florida Power and Light Company made application to dredge Big Mud
Creek in Sections 8 and 17, Township 36 South, Range 41 East, to a
depth of minus 40 feet, and to remove 700,000 cubic yards of
material. Applicant tendered $50 processing fee and $70,000 as
payment for the material.
The biological survey report was not adverse. Staff recommended
that the spoil area be diked to prevent silt from returning to the
water, and that the dredging be done so that the turbidity of the
water would not exceed 50 Jackson units.
On motion by Mr. Christian, seconded by Mr. Dickinson eind adopted
without objection, the Trustees approved issuance of the permit
subject to the staff recommendations.
VOLUSIA COUNTY - Dredge Permit to Improve Navigation,
Section 253.123, File No. 560.
Wendell B. Merthe applied for a permit to dredge an access channel
50 ft. wide, 3 ft. deep and ?00 ft. long in the Halifaut River adja-
cent to Section 5, Township 15 South, Range 33 East, Volusia County,
from which the material would be placed on upland property. The
biological report was not adverse.
On motion by Mr. Christian, adopted without objection, the Trustees
approved issuance of the permit to improve navigation.
DUVAL COUNTY - Dredge Permit for Utility Installation,
Section 253.123 (2) (b) , File 569.
On motion by Mr. Christian, adopted without objection, the Board
approved issuance of a dredge permit to Southern Bell Telephone and
Telegraph company for installing a submarine cable in Pottsburg
Creek in Section 52, Township 2 South, Range 27 East, Duval County,
for $100 processing fee. The biological report was not adverse.
SARASOTA COUNTY - Commercial Dock Permit, Section 253.03 F. S.
Fisherman's Cove, Inc., applied for a permit for construction of
docking facilities adjacent to applicant's upland in Little Sarasota
Bay in Section 32, Township 37 South, Range 18 East, Sarasota County,
No compensation would be received by the applicant for use of the
docks which would be for the general use of condominium owners. All
required exhibits and $100 processing fee had been furnished.
On motion by Mr. Christian, adopted without objection, the Board
authorized issuance of state commercial dock permit.
DUVAL COUNTY - Commercial Dock Permit, Section 253.03 F. S.
Eastern Seaboard Petroleum Co., Inc., made application to revise
and expand an existing dock facility and to place additional mooring
dolphins in the St. Johns River at Block 4, Sand Fly Point Subdivi-
sion in Jacksonville, Florida. The existing structure was authorized
under Permit CD-415 issued October 18, 1962, and amended Permit
CD-415 issued June 2, 1966. All required exhibits and $100
processing fee were submitted and staff recommended approval.
Mr. Adams, questioning why the license-type permit was not used in
this instance, was told by the Director that under present policy
three types of docks were covered, (1) private docks, (2) commer-
cial docks not principally used for marina operations, and (3)
marina-type operations occupying sovereignty land and severing
6-16-70
- 731 -
the sovereignty land and water column from free and unlimited
public use and generating profit from the operation, in the latter
case, the Trustees on March 10, 1970, adopted a policy of issuing
a license upon payment of no less thsui two cents per square foot
annually with each license subject to renewal annually upon receipt
of the appropriate fee.
On motion by Mr. Christian, adopted without objection, the Trustees
authorized issuance of the coitroercial dock permit.
RESOLUTION - In the cabinet meeting last week, in the Department of
Natural Resources meeting, Mr. Adams had suggested that in the
resolution adopted on June 2 it might not have been the intent to
include the word "lease", the statutes having recognized oyster
leases, for instance. The Attorney General had asked the Director
to make a recommendation and on this date Mr. i^thorp had
suggested that the word "lease" be omitted from the resolution.
Mr. Fair cloth said he would not vote for that but would be willing
to modify and provide for short term leases and for aquaculture and
oyster leases. Mr. Adams said the staff should work out some
specific language for consideration by the Board.
It was so ordered.
TRUSTEES FUNDS - On motion by Mr. Dickinson, seconded and adopted
without objection, the Trustees authorized the transfer of $28,000
to the Department of Natural Resources for installation, maintenance
and monitoring of tide gauges and bench marks along the coastline,
to finance the shoreline survey project through August 1970. Funds
for the transfer were available within the approved operating
budget.
On motion by Mr. Dickinson, adopted without objection, the Trustees
gave authority to write off as uncollectible a loan authorized by
the Trustees on October 9, 1962, to the Florida Supreme Court, of up
to $15,500, to be repaid by the Court from funds included in their
legislative budgets. Of that eunount, $9,531 was used for work in the
library and $3,992 for repairing leakage in the basement, making a
total of $13,523 expended. The Court had requested funds for
repayment, howevei; for several sessions the Legislature had failed
to appropriate funds to the Court for the purpose.
On motion by Mr. Dickinson, adopted without objection, the Board
also gave authority to write off as uncollectible a remaining
balance of $226,125 of the amount of $490,000 expended by the
Trustees to purchase the old Caroline Brevard School property in
behalf of the State Road Department. In February 1958 the State
Road Department had agreed to repay the Trustees with eight annual
payments of $76,850 (which included 3% interest), and made five
payments. Then the Board of commissioners of State Institutions
assumed responsibility for the final three payments on February 16,
1965. The Board of Commissioners and the Department of General
Services had both requested the Legislature to appropriate funds
for repayment, without success.
SUBJECTS UNDER CHAPTER 18296
LEVY AND NASSAU COUNTIES - Murphy Act Sales.
Action was deferred on Murphy Act sales reported on Report No. 968
6-16-70
- 732 -
because there were only four members present on this date.
On motion duly adopted, the meeting was adjourned.
M^
ATTEST: ^/3U^^
"JCUTIVE DIRECTOR
Lk^
SECRETARY OF STATE -
ACTING CHAIRMAN
Tallahassee, Florida
June 23, 1970
The State of Florida Board of Trustees of the Internal Improvement
Trust Fund met on this date 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 Willieuns Treasurer
Doyle Conner Commissioner of Agriculture
Fred Vidzes Staff Member
The minutes of the meeting of June 9 were approved as submitted.
BROWARD COUNTY - Bulkhead Line, Section 253.122 Florida Statutes.
The City of Fort Lauderdale by Ordinance C-70-22 adopted on April
7, 1970, established a bulkhead line 738.49 feet long in the South
Fork of New River in Section 9, Township 50 South, Range 42 East,
Broward County, following the existing mean high water line as
closely as practicable conforming to the platted boundary of lands
abutting the river. A seawall was to be constructed at the bulkhead
line that would complete seawalling of the entire river in this
area. There were no objections to the bulkhead line.
The biological survey report dated February 5, 1970, indicated that
the remaining marine life that exists should be preserved and the
line set at or near the line of mean high water. A supplemental
report dated March 2, 1970, indicated that this is a marginal eirea
with little marine productivity, and that most of the remaining
biological values are concentrated within the two proposed channel
connections.
Motion was made by Mr. Adeuns, seconded by Mr. Williams and adopted
without objection, that the staff recommendation for approval of
the bulkhead line be adopted.
6-23-70
- 733
ST. LUCIE COUNTY - Bulkhead Line, Section 253.122 Florida Statutes.
The Board of County Commissioners of St. Lucie county by Resolution
No. 70-38 adopted on May 5, 1970, established a bulkhead line
617.96 feet long on the east shore of the Indian River in Section
2, Township 37 South, Range 41 East, St. Lucie County, following the
present mean high water line as nearly as practicable.
The biological survey report by the Department of Natural Resources
was adverse. The mangrove referred to had been removed under dredge
permit No. 253.123-325 issued by the Trustees on November 2, 1969.
The report had been prepared in conjunction with issuance of dredge
and fill permits to Iowa Land and General Development Co., inc., of
Delray Beach.
Mr. Adams noted that this bulkhead line and the next one on the
agenda were small segments, and the Trustees desired comprehensive
bulkhead lines with continuity and not piecemeal lines. Mr. Vidzes
explained that St. Lucie County had not been able to provide funds
for location of comprehensive lines, that in this instance the lines
were at the mean high water and had been traversed with the expense
borne by upland owner-applicant. Being in an aquatic preserve the
lines could be set at no other place than the mean high water and
they complied with all requirements . He mentioned some problems the
staff was working on, but not in connection with the bulkhead lines .
The staff felt that St. Lucie County had been very conservative
generally, in its bulkhead line location.
Motion was made by Mr. Adams, seconded by Mr. Williams and adopted
without objection, that the bulkhead line adopted May 5, 1970, by
St. Lucie County, be approved.
ST. LUCIE COUNTY - Bulkhead Line, Section 253.122 Florida Statutes.
The Board of County Comroissioiers of St. Lucie County by Resolution
No. 70-46 adopted on May 26, 1970, established a bulkhead line
1,310.37 feet long in the Indian River adjacent to upland in Section
11, Township 37 South, Range 41 East, St. Lucie County, following
the existing mean high water line as closely as practicable, that
would accommodate construction of a travel trailer facility.
The biological survey report by the Department of Natural Resources
indicated that the area contained red mangroves and Mr .Adams noted
that it recommended certain measures to protect them. Mr. Vidzes
explained that the line followed the exterior of a mosquito control
dike, that the developer proposed to dig the channel on the landward
side of the mosquito control ditch and develop on the landward side.
The staff believed that would preserve the mangrove fringe. Mr.
Adams said that vast areas along the east coast had such mosquito
control dikes, that a pattern was being made to have the bulkhead
lines follow these works which the staff recommended.
On motion by Mr. Adams, seconded by Mr. Williams and adopted without
objection, the Trustees approved the bulkhead line as located by
St. Lucie County on May 26, 1970.
DADE COUNTY - Confirmation of Contract Sale.
On December 17, 1963, the Trustees sold two parcels of sovereignty
land in Sections 19, 20, 29, 30, 31 and 32, Township 56 South,
Range 42 East, City of Islandia, Dade County, to George Steimos and
Evelyn j. Stamos, his wife. Under policies effective at that time,
the applicants entered into contract to Purchase No. 23846(518-13),
which had now been paid in full and Mrs. Stamos (the surviving
6-23-70
- 734 -
grantee) was entitled to receive a deed.
In accordance with the recommendations of the Department of Legal
Affairs, staff requested reconfirmation by five Trustees.
On motion by Mr. Williams, seconded by Mr . Adams and adopted,
without objection, the five Trustees present on this date reconfirmed
the sale and authorized issuance of the deed.
SARASOTA COUNTY - Dedication and Fill Permit.
On June 16 the Trustees approved a relocated bulkhead line in
Roberts Bay adjacent to Section 1, Township 37 South, Range 17 East,
Sarasota County, that was established to allow filling to construct
a platted road to provide access for property owners in a subdivi-
sion. Because only four members were present, the Trustees deferred
action on dedication of the road right of way.
The Board of county Commissioners of Sarasota County by Resolution
70-65 dated March 31, 1970, requested dedication of sovereignty land
for public right of way and approval of fill permit for filling the
dedicated street only. No dredging of the sovereignty land was
contemplated in the construction. An objection to the dedication
had been withdrawn.
On motion by Mr. Adcims, seconded by Mr. Conner and adopted without
objection, the Trustees dedicated the requested sovereignty land,
landward of the approved bulkhead line, for public right of way;
also, the Trustees approved the fill permit for the dedicated street.
DADE COUNTY - Easement, File No. 22441, Section 253.03.
Sailboat Key, Inc., successor in title to Welan investment Company,
represented by Bliss and Nyitray, Inc., applied for an easement
10 feet wide covering 0.15 acre abutting Section 15, Township 54
South, Range 41 East, Dade County, and abutting the 25 feet granted
by the Trustees on April 5, 1960, for a bridge to Fair Isle.
The construction plans to widen the existing bridge were reviewed
by the staff and the Department of Natural Resources. No dredging
or filling was indicated within the easement area.
On motion by Mr. Adams, seconded by Mr. Williams and adopted without
objection, the Trustees authorized issuance of the easement for a
processing fee of $100.
ESCAMBIA AND SANTA ROSA COUNTIES - Right of Way Easement,
File 2347-17 and 57-253.03.
On motion by Mr. Conner, seconded by Mr. Adams and adopted without
objection, the Trustees granted request of the Department of Trans-
portation for an easement across 3.08 acres of Escambia River bottoms
abutting Section 29, Township 1 North, Range 30 West and Section 34,
Township 1 North, Range 29 West, to be used for construction of a
new bridge on State Road 10. Construction plans were reviewed by
the staff, no dredging or filling was proposed within the easement
area, and the Department of Natural Resources had no objection to
the project.
SANTA ROSA COUNTY - Right of Way Easement, File 2348-57-253.03.
On motion by Mr. Conner, seconded by Mr. Dickinson and Mr. Adcuns,
and adopted without objection, the Trustees granted a request of
6-23-70
735 -
the Department of Transportation for a right of way easement across
0.65 acre of East River bottoms abutting Section 4, Tovmship 2 South,
Range 26 West, Santa Rosa County, to be used for construction of a
bridge on State Road 87. The construction plans reviewed by the
staff did not indicate any dredging or filling within the easement
area, and the Department of Natural Resources had no objection to
the project.
LBVY COUNTY - Aquaculture Lease for Cultivating Oysters.
International Oceanographic Corporation, represented by Barrett
Johnson, was the successful bidder on June 9, 1^70, for an aquacul-
ture lease embracing 65 acres of the water column in the Gulf of
Mexico near Cedar Key, Florida, for cultivation of oysters. The
acreage was adjusted as determined by an actual survey made by
Marion Engineering Associates. The Trustees deferred action on
the royalty until further study.
The staff submitted a modification of the original proposal extend-
ing a start-up period for the operation from l^j to 3^ years. A
royalty rate not to exceed 2.5% of the gross inccxne will become
effective at the end of the 3*s-year period and continue through the
10th year. At the end of the 10th year, the lessee will have an
option to renew and the royalty will be negotiated but will not
exceed 3% of gross income. Mr. Vidzes said the staff had attempted
to work out the details of royalty in this new type of activity
which could be a great benefit to the state in opening up a new
industry.
Motion was made by Mr .Williams, and seconded by Mr. Conner, that the
staff recommendation be accepted. Mr. Adams recalled the arrangement
worked out for a lease to Marifarms for raising shrimp and using the
sovereign domain commercially, with a royalty on gross income. He
raised a number of questions regarding the proposed rate and suggested
further study to be sure that the state receives a fair share under
the new type of operation.
A substitute motion was made by Mr. Adams and adopted that the
Trustees defer final consideration for two weeks.
BROWARD COUNTY - Dredge Permit, Utility Installation, Section
253.123(2) (b) .
On motion by Mr. Adams, seconded by Mr. Dickinson and adopted, the
Trustees authorized issuance of a dredge permit to Ocean Summit
Association, Inc., represented by D. E. Britt Associates, Inc., to
extend an existing condenser water outfall 105 feet into the
Atlantic Ocean adjacent to Section 19, Township 49 South, Range
43 East, Broward County, for $100 processing fee. The biological
report was not adverse.
PINELLAS COUNTY - Dredge Permit, Utility Installation,
Section 253.123(2) (b)
Pinellas County issued a dredge permit, subject to Trustees' appro-
val, to General Telephone Con5»any of Florida for the installation
of a submarine telephone cable across The Narrows in Section 12,
Township 30 South, Range 14 East, Pinellas County. The biological
report was not adverse.
On motion by Mr. Adams, seconded by Mr. Dickinson and adopted
without objection, the Trustees authorized issuance of the dredge
permit for $100 processing fee.
6-23-70
- 736 -
DUVAL COUNTY - Utility Permit, Section 253.03(7)
On motion by Mr. Williams, seconded by Mr. Dickinson and adopted
without objection, the Trustees authorized issuance of a utility
permit to Southern Bell Telephone amd Telegraph Compeuiy for the
installation of a telephone cable across Moncrief Creek in Section
8, Township 1 South, Range 26 East, Duval County, for $100 processing
fee.
BROWARD COUNTY - Utility Permit, Section 253.03(7)
On motion by Mr. Williams, seconded by Mr. Adams and adopted without
objection, the Trustees authorized issuance of a utility permit to
Southern Bell Telephone and Telegraph Company for the installation of
a submarine cable on the bottom of the Intracoastal Waterway in
Section 18, Township 49 South, Range 43 East, Broward County, for
$100 processing fee.
MARTIN COUNTY - Utility Permit, Section 253.03(7)
On motion by Mr. Willieuas, seconded by Mr. Dickinson and adopted
without objection, the Trustee^s authorized issuance of a utility
permit to Southern Bell Telephone and Telegraph Company for the
installation of an aerial cable across the St. Lucie Canal in Section
12, Township 39 South, Range 40 East, Martin county, for $100 proces-
sing fee.
PALM BEACH COUNTY - Dredge Permit, Utility Installation,
Section 253.123(2) (b)
On motion by Mr. Williams, seconded by Mr. Dickinson and adopted
without objection, the Trustees authorized issuance of a dredge permit
to Southern Bell Telephone and Telegraph Company for the installa-
tion of a submarine telephone cable in Lake Worth adjacent to
Sections 1 and 2, Township 44 South, Range 43 East, Palm Beach County,
for $100 processing fee. The biological report was not adverse.
DADE COUNTY - Utility Permit, Section 253.03(7)
On motion by Mr. Williams, seconded by Mr. Conner and Mr. Dickinson,
the Trustees authorized issuance of a permit to Florida power and
Light Company to lay a power caible on the bottom of Biscayne Bay
between Mieuni mainland and Fair Isle in Section 14, Township 54
South, Range 51 East, Dade County, for $100 processing fee.
PINRT.TAS COUNTY - State Dock Permit, Channel Markers,
Section 253.03 Florida Statutes.
Pinellas County Water and Navigation Control Authority, subject to
approval by the Trustees, approved a commercial dock permit to the
City of Clearwater for five channel markers in Mandalay and Marina
Channels in Clearwater Harbor at Clearwater, Florida.
On motion by Mr. Willieuns, seconded by Mr. Adams and adopted without
objection, the Trustees approved issuance of state commercial dock
permit for the channel markers without charge, in consideration
of public use of the navigation aids.
DADE COUNTY - State Dock Permit, Channel Markers,
Section 253.03 Florida Statutes.
The Jockey Club, Inc., of Miami, Florida, applied for after-the-
fact state dock permit for ten channel markers in Biscayne Bay
south of Broad Causeway, Dade County. Applicant requested waiver
6-23-70
- 737
of the $100 processing fee for the navigation aids which would be
used by the general public.
In answer to Mr. Adams' question, Mr. Vidzes said the staff recom-
mended waiver of the charge when the facility would serve the
public as a navigation aid.
On motion by Mr. Conner, seconded by Mr. Williams and adopted
without charge, the Trustees approved issuance of the after-the-
fact state commercial dock permit without charge.
BREVARD COUNTY - Permit No. 253.123-173.
On June 16, 1970, at the request of the Brevard County Attorney, the
Trustees deferred consideration of adoption of the recommended order
of the Hearing Officer Pro Hoc Vice concluding that Permit No. 253.123-
173 should not be revoked. The matter was scheduled for this date,
and several parties desired to be heard.
Mr. Robert Nabors of the law firm of Goshorn, Stahley and Nabors,
representing Brevard County, discussed the complaint of the county
that the permittee, Hampton Homes Corporation, had failed to live
up to the conditions of the permit which should be revoked. He said
that during a time of moratorium by the county and state, the permit
had issued based on the public purpose involved of constructing the
public road right of way, that the county had never guaranteed any
certain zoning and the permittee had not performed in conjunction
with the completion of the bridge over Sikes Creek. He did not agree
with the hearing examiner's report.
Mr. Richard Scott, attorney for Hampton Homes Corporation, said the
permit was still valid, that certain required sums of money had been
paid to the state and the permit ran until August 20, 1971. He
urged the Board not to revoke the permit.
Mrs. Lori Wilson, County Commissioner who had made a presentation
to the Trustees on June 2, said when she came into office there
was a bridge with no road approach, the problem could not be resolved
and finally the county had applied for and been granted a dredge and
fill permit by the Trustees and construction was getting under way.
She urged serious consideration of revoking the permit to Hampton
Homes.
Secretary of State Tom Adams, explaining his opposition to the
permit, said the record plainly showed that the only basis for
waiving the moratorium had been the public purpose to be served by
construction of the road, that the permittee should have performed
the dredging and filling incident to the bridge construction, that
the Trustees were not a part of any zoning arrangement and he found
it impossible to support the hearing officer's recommendation.
Motion was made by Mr . Adams, seconded by Mr. Williams cind adopted
without objection, that the Trustees revoke Permit No. 253.123-173.
SUBJECTS UNDER CHAPTER 18296
Staff requested approval of Murphy Act Report No. 968, deferred last
week because five members were not present, listing two regular bids
for sale of land under provisions of Chapter 18296, Acts of 1937,
Section 197.350 Florida Statutes, (1) in Levy County to E. F. Cribbs
and wife for $100, and (2) in Nassau County to George W. Geiger, Sr.,
for $780.
6-23-70
- 738
Also, the Trustees were asked to approve Murphy Act Report No. 969
and to authorize issuance of County of Okeechobee Quitclaim Deed to
Franklin walker and Lois Walker in lieu of a quitclaim deed issued
by the Trustees' office on February 4, 1954, to the saune grantees.
The original quitclaim deed was reported to be lost without having
been recorded in the public records of Okeechobee County.
On motion by Mr. Williams, seconded by Mr. Adams and adopted without
objection, the Trustees approved Report Nos. 968 and 969 and
authorized issuance of deeds pertaining thereto.
On motion duly adopted, the meeting
ATTEST
r^fJa ]/u
STAFF
* * *
Tallahassee, Florida
June 30, 1970
The State of Florida Board of Trustees of the Internal Improvement
Trust Fund met on this date in Senate Hearing Room 31 with the
following members present:
Claude R. Kirk, Jr.
Earl Faircloth
Broward Willieuns
Doyle Conner
Jcunes W. Apthorp
Governor
Attorney General
Treasurer
Commissioner of Agriculture
E:xecutive Director
The minutes of the meeting of June 16 were approved as submitted.
On the recommendation of the Director, the Trustees directed deletion
from the minutes of May 12, 1970, of a matter included by mistake
with reference to action by the Department of General Services
approving five oil leases by the Miccosukee Tribe of Indians of
Florida covering Indian lands in Broward County.
OIL AND GAS LEASES - Three oil and gas leases had been advertised
for consideration of sealed bids on this date; however, only four
members of the Trustees were present and deferment was recommended.
A suggestion was made that action could be taken by those present
and absent members contacted to confirm the action; however, it was
felt that members would benefit from discussion before voting on the
matter and deferment would be more appropriate.
The consensus was that the staff should hold the sealed bids unopened
until next week at which time the Trustees would consider the bids
6-23-70
- 739
received for oil and gas leases of lands in Collier, Charlotte,
Santa Rosa and Escambia Counties. It was so ordered.
Mr. Stanley L. Tait was present as a private citizen and candidate
for the office of Secretary of State who had an interest in the
increased activities in oil exploration and offered a number of
recommendations for the consideration of the Trustees including an
immediate moratorium on all oil exploration and drilling until plans
might be made for a possible transition into a major oil producing
state. He recommended establishment of a special advisory committee
and suggested areas of study and planning.
LEVY COUNTY - Aquaculture Lease for Cultivating Oysters.
The Director advised that the Secretary of State had withdrawn the
objections expressed last week, the proposed aquaculture lease had
been altered as to the royalty provisions, and the approval of the
Trustees was requested.
On motion by Mr. Faircloth, seconded by Mr. Conner and adopted
without objection, the Trustees approved the lease and authorized
issuance to International Oceanographic Corporation, the successful
bidder on June 9,1970, for an aquaculture lease of the water column
in the Gulf of Mexico near Cedau: Key, Florida, in Levy County.
For the reason that only four of the Trustees were present on this
date, the following applications were deferred until next week:
1. BREVARD COUNTY - Confirmation of sales previously made to
(A) Roy F. Roberts et al, and (B) Louis D. Harris, on which
contracts to purchase were issued, paid in full, and the
grantees Are now entitled to receive deeds, in accordance
with recommendations of the Department of Legal Affairs,
reconfirmation is required due to present statutory require-
ment that at least five of the seven Trustees vote on sale
of the land.
2. MANATEE COUNTY - Application by the City of Bradenton to
acquire fee title to two parcels of filled sovereignty land
in the Manatee River in Section 26, Township 34 South, Range
17 East, being part of 54.25 acres previously dedicated to
the city by the Trustees. Staff had requested deferment
pending receipt of the appraisal.
3. MONROE COUNTY - Land excheinge application by the Wacouta
Corporation which the staff had recommended be deferred until
appraisal is completed on the land in Newfound Harbor abutting
Sections 26 and 35, Township 66 South, Range 29 East, Big
Pine Key.
4. LEE COUNTY - Quitclaim deed requested by L. K. Thorne, Jr.,
covering a parcel of filled sovereignty land in Yacht Basin
of Charlotte Harbor abutting Section 23, Township 43 South,
Rcmge 20 East, Caspar ilia Island.
5. MARTIN COUNTY - Spoil easement requested by the Central and
Southern Florida Flood Control District for the U. S. Corps
of Engineers for spoil areas in the St. Lucie River adjacent
to Sections 2, 3, 4 and 12, Township 38 South, Range 41 East.
6. HOLMES AND WASHINGTON COUNTIES - Right of way easement
requested by the Department of Transportation covering
6-30-70
- 740 -
a peircel of Choctawhatchee River bottoms abutting Section 15,
Township 4 North, Range 16 West.
PALM BEACH COUNTY - Maintenance Dredging and Beach Nourishment,
Section 253.123(2) and (c)
On motion by Mr. Faircloth, seconded by Mr. Willieuns and adopted
without objection, the Trustees concurred with action of the Depart-
ment of Natural Resources on this date approving request of the
Florida Inland Navigation District for a coastal construction permit
to place materials from mainteneince dredging in Intracoastal Waterway
near Jupiter Inlet in Palm Beach County.
PALM BEACH COUNTY - Dredging, Section 253.123(2) and (c) , Sand Trap.
On motion by Mr. Faircloth, seconded by Mr. Willieuns and adopted
without objection, the Trustees concurred with action of the Depart-
ment of Natural Resources on this date approving request of the Jupiter
Inlet Commission to dredge 70,000 cubic yards of material from Jupiter
Inlet Channel and to deposit the spoil material upon the beach south
of the inlet.
BROWARD COUNTY - Dredge Permit to Clear a Shoreline, Section 253.123
Florida Statutes.
Deuschel Construction Company, represented by H. A. Rizi, applied for
a dredge permit to clear up the shoreline along the South Fork of
Middle River in Section 34, Township 49 South, Range 42 East, Broward
County. The material would be placed on applicant's upland and the
application had been amended as outlined in the biological report
which was adverse to the original application plan. Staff
recommended approval.
On motion by Mr. Faircloth, seconded by Mr. Williams and adopted
without objection, the Trustees approved issuance of the dredge permit.
LEE COUNTY - Dredge Permit, to Improve Navigation and for Water Intake,
Section 253.123 Florida Statutes.
Americein Agronomics Corporation, represented by Kenneth A. Harris,
applied for permission to connect a 50 ft. wide by 5 ft. deep canal
to the Caloosahatchee River in Section 24, Township 43 South, Range
27 East, Lee County. All material removed would be placed on the
applicant's upland and the biological report was not adverse.
On motion by Mr. Faircloth, seconded by Mr. Willieuns and adopted
without objection, the Trustees approved issuance of the permit
subject to all dredging on the upland being completed before the
canal is connected to the river, as recommended by the staff.
MONROE COUNTY - Dredge Permit, to Improve Navigation,
Section 253.03 Florida Statutes.
W. F. VanSweringen, represented by James T. Glass, applied for permit
to dredge a navigation channel 50 ft. wide, 5 ft. deep and 380 ft.
long adjacent to his upland property in Section 22, Township 61
South, Range 39 East, Tarpon Basin in Monroe County. The material
removed would be placed on applicant's upland. The biological
survey report stated that the work should have only limited adverse
effects.
On motion by Mr. Conner, seconded by Mr. Williams and adopted
without objection, the Trustees approved the application for
6-30-70
741
dredging a navigation channel.
PALM BEACH COUNTY - Dredge Permit, to Improve Navigation,
Section 253.123 Florida Statutes.
Fisher Properties, inc., applied for a dredge permit to connect a
marina basin to the Intraooastal waterway in Section 9, Township 47
South, Range 43 East, Palm Beach County. The basin will serve
occupants of a high-rise condominium.
The biological survey report stated that filling had been done in
the area and some mangroves there should be preserved. On-site
inspection and review of old right cf way maps from the Intra-
ooastal Waterway indicated that the project is an old land cut
upland of the original mean high water line.
On motion by Mr. Williams, seconded by Mr. Faircloth and adopted
without objection, the Trustees approved issuance of the dredge
permit.
PUTNAM COUNTY - Dredge Permit to Improve Beach Area,
Section 253.123 Florida Statutes.
Woodrow W. Daugherty applied for a dredge permit to remove the
muck and vegetation adjacent to his upland on Swan Lake in Section
9, Township 9 South, Range 23 East. He tendered check for $50 as
minimum payment for the material to be removed, which he proposed
to replace with white sand to improve a beach area.
The biological report was adverse and on May 26 the Trustees
deferred action to allow the staff to contact the applicant with
reference to doing the work by hand-tool method or by use of
chemicals. However, the applicant notified the staff that his
project could not be done without using a dragline or a bulldozer.
Staff recommended denial based on the resolutions adopted by the
Trustees on January 20 and February 3, 1970, concerning fresh
water lakes.
On motion by Mr . Faircloth, seconded by Mr. Williams and adopted
without objection, the Trustees approved the staff recommendation
to deny the application for permit.
SARASOTA COUNTY - Dredge Permit for Utility Installation,
Section 253.123 (2) (b)
On motion by Mr. Faircloth, seconded by Mr. Williams and adopted
without objection, the Trustees approved the application from
Florida Power and Light Company for a permit to dredge to install
a power cable in Big Pass in Sections 35 and 36, Township 36 South,
Range 17 East, Sarasota County, for $100 processing fee. The
biological report was not adverse.
DUVAL COUNTY - Commercial Dock Permit, Section 253.03 F. S.
On motion by Mr. Conner, seconded by Mr. Williams and adopted
without objection, the Trustees authorized issuance of a state
commercial dock permit to Mat Roland Seafood Company to reinstate
and extend the time limit on previously issued permit for a dock
facility in the St. Johns River at Mayport in Duval County, for
$100 processing fee. The partially completed structure was
authorized under Permit CD-1463 issued July 28, 1969.
6-30-70
742 -
BREVARD COUNTY - Refund, Permit 253.123-173.
Staff requested authority to refund $27,525 that had been tendered
by Hampton Homes Corporation as payment for 550,000 cubic yards of
fill material in connection with Permit No. 253.123-173 revoked by
the Trustees on June 23, 1970.
Mr. Williams asked whether or not any material had been dredged
and was advised by the Director that there had been some upland site
preparation only and no dredged material removed.
Without objection, the Trustees authorized the refund.
LEON COUNTY - Florida A and M Hospital Lease.
On motion by Mr. Williams, seconded by Mr. Faircloth and adopted
without objection, the Trustees approved execution of a lease as
recommended by the Board of Regents and approved by the General
Counsel of the Board of Education, covering the A and M University
Hospital, to the City of Tallahassee and Leon County for hospital
purposes for an additional two years.
LEON COUNTY - Power Line Easement.
On motion by Mr. Williams, seconded by Mr. Faircloth and adopted
without objection, the Trustees approved request of the City of
Tallahassee for an easement over and across lands of Florida State
University in Sections 3 and 4, Township 1 South, Range 1 West, Leon
County, for construction and maintenance of electric transmission
lines as approved by the Board of Regents.
ALACHUA COUNTY - Road Right of Way Easement.
On motion by Mr. Williams, seconded and adopted without objection,
the Trustees approved road right of way easement requested by the
Board of County Commissioners of Alachua County for the purpose of
paving Southwest 23rd Terrace over and across certain land of the
University of Florida as recommended by the Board of Regents. The
easement will be 8,500 feet long by 100 feet wide through state
land, and 50 feet wide bordering state land in Alachua County.
TRUSTEES FUNDS - Policy. Prior to the legislative session the Trus-
tees considered uses of moneys in the fund and Senate Bill 699 with
respect to funds of this agency was passed by the Senate but died
on the calendar in the House of Representatives. A policy reflecting
the spirit of the bill was recommended by the staff for adoption,
restricting the use of moneys accruing to the Internal improvement
Trust Fund.
On motion by Mr. Williams, seconded by Mr. Faircloth and carried
with expressions of approval for the staff recommendation, the
Board adopted a policy that funds accruing to the Internal Improve-
ment Trust Fund may be used only for internal improvement of state
owned lands, or the purchase of needed lands, or the improvement,
repair or rehabilitation within one year of purchase of any
depreciable asset, except for that portion accruing to this fund
which is required for operating expenses of the Board of Trustees
in the administration of state lands and other related subjects,
and such fund shall not be disbursed as loans or grants to any
other state department, governmental unit, political subdivision
or municipality.
6-30-70
743
TRUSTEES FUNDS - The Department of General Services requested
commitment of funds not to exceed $16,100 for renovation of the
old blood bank building at 309 East Gaines Street in Tallahassee,
Florida. General Services would amortize the cost of renovations
in the form of rent over the next five years.
This use of funds could be made under the policy adopted above,
as the property was purchased by the Trustees in Janueiry 1970.
Motion was made by Mr. Williams, seconded euid adopted without
objection, that an amount not to exceed $16,100 of the Internal
In^rovement Trust Fund be coitinitted for the use requested and that
a budget amendment request be made to the Secretary of Administra-
tion with the understanding that the fun^ jrf e to be cimortized
the next five years in the form of reni
On motion duly adopted, the meetin
ATTEST:
X 1 EXECUTIVE DIRECHDR M
* * *
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746
BOABD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
STATEMENT OF RECEIPTS AND DISBURSEMENTS
UNDER CHAPTER 18296 ACTS OF 1937
JULY 1, 1968 THROUGH JUNE 30, 1970
RECEIPTS
Cash Land Sales and Miscellaneous Receipts $84.662.68
DISBURSEMENTS
All Receipts Deposited to General Revenue Fund
Under Chapter 25068 Acts of 1949 $84.662.68
- 747 -
INDEX
Volume 37
1968-1970
- A -
A, B. Letter Service - Bill for litigation copies 206
A. F. Quast Co, - Dock, Collier County 268
Acmar Engineering Corp. - Disclaimer 618
Adams, Tom, Secretary of State, Member of Trustees
Aerojet - General lease option 450,481
Application criteria 307
Aquaculture lease 425,458,459
Biscayne National Monument 291-293,301-303
Bridge access to island upland 537
Caladesi contract amended 577
Counsel for Islandia litigation 408
Dade County, B-Line, denial 209,364,371,389
Dade County, B-Line, S. Biscayne Bay 373,686
Erosion problems on coast line 507
Fresh water lakes 441
Interagency reports - Counties conpliance 325,332,333
I.A.C. report - Lee County 335
Legal services paid for 352,361
Manatee county - B-Line 273,274
Policy recommendations, B-Lines, sales, dredging, fill 361
Reported encroachments on state lands 704
Sales in the public interest 706
Salt water fishing licenses 606
Sarasota, City of, B-Line 387
Structure design & antipollution, Brevard Co. Causeway 677-8
Svunmerland Key Cove report 526
Trustees funds to Pensacola, Historical Commission 508
Unauthorized fill 531-532
Administrative Rules (also see Trustees rules & regulations) 541
Advance Agenda, B-Lines & Sales 101,187
Advertise land sales - see "Lands"
Advertise oil & gas drilling leases - see "Leases"
Advisory Committee on Fresh Water Lakes Management 724
Aerojet - General Co. - Lease option 450-451,469,480-482
Afcun Island Corp. - Exchange Corrective deed 650
Affronte, Lillian - Corrective deed, Dade county 430
After-the-fact, penalty charge for lake permits - also
see Trustees Policies 25
After-the-fact, dredge permit
Dennis, George R. - Not retroactive 456
Agenda, Policies adopted July 1, 1969 370
Agreements
Enterprise Properties Inc. - Dade county Land 572
General Services - Rent, etc., capital Center Property 628
National Industries, Inc. - Dade county Land 572
Pasco County Land - Berkovitz 69
State Mental Health Facility, Dade County Land 47
U.S. coast & Geodetic - Mean high water 244
U.S. Post Office, Florida Tech. Univ., Orange County 108
U.S. Post Office, Univ. of S. Florida Post Office 36-37
749 -
Agriculture, Dept, of - Leon County road right of way 149
Agricultural Extension Service, Univ. of Fla. Rd. Easement 107
Aiden, inc. - Dock, Broward County 156
Air & Water Pollution Control Dept. (see comments on
various applications)
Akima international
Lease, shrimp farming 299-300
Dredge, Bay County 314
Mariculture, Bay County 42,232-233,285
Now Mar i farms. Inc. 459
Al Pfleuger, Inc. - Artificial reef, Dade County 228
Alachua County
Board of Regents land to Alumni Control Board 231
Board of County commissioners - Easement 743
Gainesville, City of
Dedication street extension 60
Drainage easement 235,701
Power line easement 594
Justiss, R, G. - Murphy Act sale 271
Randolph, Blanche - Murphy Act sale 596
S. R. D. - dedication, Univ. of Fla. Campus parcel 195
S. R. D. - dedication, St. Road 232-A 247
Univ. of Fla, Foundation - Lease per apartments 279
Univ. of Fla. housing. Kappa Alpha Association 351
Univ. of Fla. housing, Nellie Swanson Fulk trust 499
Univ. of Fla. , lot to Fla. Chi Phi Association 46
University Village Apartments - Lease for housing 279
Alachua County land sale. Murphy Act 547
Albatross Motel, Dock - Pinellas County 67
Albright, George J. - Lake permit, Marion County 66
Albritton, Grady, Pensacola Beach Elks Lodge dock fee 228
Alderman, Gordon - Palmetto rededication 523-524
Alexander D. Henderson University School, Palm Beach Co. 3
Alexander, George E. - Disclaimer - Palm Beach County 411
Alford, Ted - dredge channel. Bay County 644
Alger F. Quest Co. - dredge & fill. Collier County 252
Allen Kirkpatrick & Co. - channel permit 391
Allen, Ray L. - Runaway Bay Club - dock 62
Allgood, Sam Y.
Campsite, Pasco County 660
Swartsel Properties - land exchange 621
Alliance Machine Company - dock. Collier County 553
Allied Electric Co, - sand lease, stockpile,
Monroe County 319,336,376
Alsobrook, Irving C. - Jacksonville, B-Line, dedication 14
Alumni Control Board, Beta Zata Chapter, Delta Sigma Phi
Gadsden County - land 231
Amerada Hess Corp. - dredge. Gulf County 391
American Agronomics Corp. - Permit - Lee County 741
Anastasia State Park - Borrow easement 643
Anderson, Arden A. - oil lease, Santa Rosa County 9,17,629
Anderson, David M. - Protest Lake Swan Fill, Putnam Co. 290
Anderson, Emmet R. - Captiva Islands, sale, Lee Co. 448,510-11
Anderson, Eunice - Protest Biscayne National Monument 293
Anderson, F. L. - Corrective deed, Volusia County 122
Anderson, H. F. - dredge permit, Hillsborough County 391
Anderson, James E. - dredge permit, channel 260
Anderson, Kevin A., Magers, M.R. - camp lease, Dade Co. 425
Anderson, Young, Beall - oil lease, Santa Rosa County 285
750
Andrews, Win. C. - Protest Lake Swan fill - Putnam Co. 290
Annis, Jerry - Dade County, B-Line 209
Apalachee Correctional Institution, Jackson County 393
Apalachicola, city - Mayor protests aquatic preserve 479
Apollo Beach Development - Hillsborough Co. - fill
extension 358, 383, 390, 397, 407, 503
Apple ton, Robert S., Tingler, Chester T. - dredge & fill
Monroe County 242
Application fee $75.00 546
Appraisals
Applicant to pay cost 554
Capitol Center blood bank property 354,381
Cromwell, R. F. - Palm Beach County Application 89
Discussed 610
Jockey Club - sale, Dade County 266,361
Junior College site, Tampa 376,418
Kittredge, CD. - Orange County land at three
times value 388-389
Lowrey, R.E. - Sarasota County land, Scheutz Appl. 88,157,158
S. P. J. Application, Dade County 373
U.S. land for Avon Park Correctional Institute 203
Valuations for state lands 89,361
Weisenberger, Lillian - Applicant pay cost, Martin Co. 219
Apthorp, James W. - Director appointed 381
Keystone Heights meeting on lakes 441
Aguaculture; Mariculture - See Leases
Aquaculture lease - Bay County 578-579
Aquatic Preserves
Hearings established 139,207,300,477-479,488-492
G-8 St. Martins Marsh, Citrus County 594
Interagency Report #2 124,127-137
Trustees resolutions 85-87,477,482-484
Cape Haze - Gasparilla Sound 516
Interagency Advisory Committee 607-608
Iowa Land & Development, Channel, St. Lucie County 497
Navigation Channels - Policy 497,508
Aragona (John) Enterprises - sale. Palm Beach 211,219,251,252
Arcadia Abstract & Title - refund. Right of Way Release
denied 118
Area Planning Board of Palm Beach County, Lake Worth, etc. 53
Area Planning Board of Palm Beach County, Moratorium 108
Arlen Tv/o Company - Disclaimer 518
Armantrout, H. M. - dredge channel. Orange County 152
Armat Realty company - dredge channel, Monroe County 514
Armory Board lease. Clay County 628
Arnold, Edson (Estate of) - dock permit 316
Arnold, Lynwood - Coastal Petroleum hearing 470
Aronovitz, Alfred, Powers, Lila M. Application Dade County 535
Arrington, Harvey - Fish camp lease assigned, Glades County 637
Artificial fishing reefs - see Permits
Artificial reef - Poly, strips 379
Arvida Corporation - Dock, Palm Beach County 697
Dredge Boca Raton Inlet 247
Permit report, amendment 367
Ashmore Brothers - Capital Center Property 598
Ashmore, R.W. Jr., - Capital Center Property 598
Assignments - See Leases
Astor Forest Campsites - dredge permit 179
Astor Park Water Association - dredge. Lake County 645
751
Atlantic Foundation, inc. -r Dock permit 432
Atlas Terminals - dredge permit - Dade County 212
Attorney General (Member of Trustees)
Aerojet - General - cancel contract 481
After-the-fact penalty charge for lake permits 25
Biscayne National Monument 293,301-303
Coastal Petroleum Company - Litigation 310,454,461
Enviromental Safeguards 697
Islandia, City of - Litigation, Dade County 407-408
Litigation, Oleta River, Dade County
National industries vs Enterprise 182
Litigation - Summer land Key Cove, Monroe County 182
Papy, Bernie C, Settlement proposal 32-34
Public interest land sales 700
State School Trust Fund 460-1,480
Trustees funds pay four employees 32
Varnes, Cecil - Litigation - Franklin County 454
Audubon Society
Bird Key land. Manatee County 523
Biscayne National Monument 291-293
Dedication, Manatee County 692-693
Protest Apollo Beach dredging 390,398
August Heckshire Foundation - Jacksonville harbor project 145
Ausley, C. DuBose - Tallahassee Chamber of Commerce 598
Avant, L. E« - General Telephone Company - Cable -
Sarasota County 328
Avon Park Correctional institution - Polk County 330
- B -
Bacon, Adrian S.
Mean High water Committee 57,72
Private Property Rights 75
South Pasadena Development Corp., B-Line 519-520,535^561
Bailey, Cody T., St. Lucie Erosion District Plan 126
Bailey Glass & post, Townson, Robert W. - Dock, Monroe Co. 604
Bailey, Mooney, Post Associates - Application, Monroe Co. 403
Bonebrake, H.P. - Sale, Monroe County 402,442
Central Keys Marine Corp., fill permit - Monroe Co. 718
Dennis, George R. - dredge permit, Monroe County 456
Monroe County dredge permit. Old Card Sound Road & Bridge 27
Papy settlement proposal 33
Soellner, Robert P. - Dredge permit, Monroe County 457
Venture Out in America - dredge, Monroe County 495
Wollard, Donald L., Application - Monroe County 267
Bailey, Wm. R., Cocoa, City of, dredge permit, water main 179
Bair, Robert T.
Audubon Society 75
Protest Lake Worth Fill 475
Protest Land Sale, Palm Beach, County 572
Baird, Charles S. - Dunedin; Caladesi contract 577,683
Baker, Jerome - dredge channel, Monroe County 538-539
Baker, Ted - South Dade, B-Line 686
Baker, Wm. E. - Lake Region Citizens Committee
Lake Geneva, Clay County 441
Bal Harbour, Village of-beach nourishment, dredge
Dade County 1,358,390
- 752
Ballinger, J. Kenneth, Mean High Water Committee Report 57,71-2
Bannister, W.H. - U.S. Navy dock permit, Duval County 8
Barba investment Company - dredge channel, Santa Rosa Co. 221
Barber, Gwen M. - Quitclaim, Palm Beach county 433
Barnes, J.C. - dredge & fill, Lee county 298
Barron, Dempsey J. - objects to Aquatic Preserve, Bay Co. 478
Bartholomew Plan - Pinellas County land 576
Baskin, H. H. - dredge & fill, Pinellas County 7
Bateman, R.E. - dredge permit, Broward County 487
Bath Club - dock permit, Dade County 137
Baxter, Harvey, Duplicate deed, Dade County 231
Bay County
Akima International, inc.
Mariculture resolution 232-233
Shrimp farming 42,285,299,300
Dredge permit 314
Alford, Ted - dredge channel 644
Anderson, James E. - channel permit 260
Aquatic Preserve 135,478
B-Lines - Interagency Report #3 167
B-Line for S. R. D. 344
B-Line in West Bay 608
Dept. of Transportation, dedication road right of way
High Point Road 368
Fill Permit 431
Duncan & Foster - refund, release denied 556
Gammon, W. Lamar - dredge channel 514
Gross, Norman P. - dredge channel 581
Hartman, R, j. - dock permit 254
Marathon Oil Company - dredge permit 472
Mar cum, Lelon - dredge; dock 360
Marifarms, Inc. - Aquaculture lease 459,513,578-79
Dredge permit 634
Mexico Beach, Town of - pier permit 24
Panama City
Airport, B-Line, Easements, permits 500-501,513
Dredge permit 206,216
Panama City Port Authority - easement, dredge 318,514
Parker, E. K. - Navigation channel dredge permit 551
Waddell, Charles F. - Marine railway 476
Weber, Clyde D. - dock permit 582
Bay Harbor Islands, Town of - objection.
North Miami spoil island license 639
Bay 23 Corp. - dock, Dade County 213
Bayer, J.T. - Southern Bell Tel. & Tel. - Permit 338
Baynard, R.S. - dredge, Sarasota County 253
Bayview Apartments, Inc. - dock, Okaloosa County 545
Bayvue, Inc. - dock, Charlotte county 424
Beach, Bernard M. - Land conveyance, Volusia County 44
Beach erosion - pipeline easement, Virginia Key, Dade Co. 449
Beach Nourishment
Broward County - Pompano Beach, Lauderdale by-the-Sea 472
City of Crystal River 444
5445 Collins Corporation - Dade County 119
Beach Restoration
City of Hallandale 458-459
Pompano Beach 443
Pinellas county Project (Treasure Island Segment) 106
Bay Dredging & Construction Co. 9,42,80,108,141,147,180,197,231
244,277,320,446,480,529,558,616,621,689
Benton & Co. 9,42,80,108,141,147,180,197,231,244,277,320,446
480,529,558,616,621
753
Beall, Anderson, Young - Oil Lease Santa Rosa County 9,17,285
Beall, Charles - Aquatic Preserve, Palm Beach County 128
Beall, Philip D. - Lease assigned 629
Beauchamps, Gene - Protest sale, Dade County 557
Beazley, Jon S. - Mean High Water Committee 57
Bechamps, Eugene N.: Key Biscayne Yacht Club 723
Beck, T.M. - extend grazing lease 498,540
Beckham, Leland R. - Putnam County Port Authority 603
Bedan, Inc. - Dock, Dade County 523
Bee, Fred A.
Duplicate deed 507,513
Johnson, David W,, Disclaimer, Monroe County 277
Simone, William, Quitclaim deed 523
Ward, Howard J. - permit - Monroe County 711
Beebe, Dale Go - Lake material permit. Lake County 61
Beindorf, James L.
Fisher & Arnold Estate - dock permit 316
Sebastian Inlet Distribution, spoil easement 306
Sebastian Inlet Commission - dredge permit 396
Bell, James J. - land sale, Monroe County 403,442
Bell, James L. - fill permit - Monroe County 635
Bell, Samuel P., Houten, James Van - Quitclaim deed
Volusia County 536
Bellamy, Ralph - Dock, Pinellas County 103
Bellamy, Robert R. - lease, Dade County 309
Belleair Beach, Town of - dredge, sewer line 283
Belle Glade, City - easement, water main 61
Belleview Biltmore Hotel - dredge permit 522
Benjamin, William E.,II, Application, Palm Beach County 716
Benn, Herbert
Aerojet - General lease - option report 469
Aquaculture lease hearing 578
Coastal Petroleum Company litigation 310-311,470
Hearing officer - Marifarms lease 513
Islandia litigation, Dade County 408
Objections, Lake Worth fill, DiVosta & Roy Application
Flagler Drive land 451,464,475,476
Summerland litigation report 526
Bennett, Charles E. - National Park, Duval County 527
Bennett, Phil - Hearings, Lake Worth, Hampton Homes 583
Bente, Paul F. - Marifarms lease. Bay County 579
Bentley, E. E., City of Jacksonville, dredge permit 252
Benton & Company
Anchor buoy permit denied 553
Shell lease agreement modified, Hillsborough & Pinellas 545
Benton, H. Sheet, Alford, Ted - dredge channel Bay Co. 644
Berger, Sol, Disclaimer, Broward County 618
Bergman, Herbert L. - Lake Permit, Citrus County 169
Bergman, Leo C. - application deferred 521
Berkovitz, Benjcimin - agreements, B-line, fill, Pasco Co. 69
Bernstein, Hodsdon, Tannen - refund. Murphy Act 517
Bettner, Elizabeth - protest Biscayne National Monument 293
Betz, Jack C, City of Sarasota 75
Bewerse, Richard A. - sale denied, refund, Brevard Co.
395,402,410
Becknell, Henry R. - Islandia, application refund 486
Big Cypress Seminole Indian Reservation, Oil & gas drilling
lease - Hendry county 727
Big Pass, Inc. - dock permit 532
754
Biological report fee $100.00 546
Bird, Helen P. - coastal wetlands & estuaries 446-447
Birdsong, Mary Lou - Murphy Act sale 279
Biscayne Bay offshore leases "Stiltsville" 222
Biscayne Bay Yacht Club - dock permit 522
Biscayne National Monument
Acquisition private property 447
Dade county 291-293,301-304,320
Islandia pending applications; refunds 465,485
Dade County, City of Islandia litigates 407-408
Correct minutes, resolution 337-338
U.S. Corps of Engineers channels & spoil areas, Dade Co. 243
Resolution 3-5,11-13,52
Biscayne Yacht Club - waive deed clause for Miami 404
Bishop, E. W. - Lakes, mean high water 575,576,585-586
Bishop, William E.
Caspar ilia Island Water Association, Permit, Lee Co. 567
Protest aquatic preserve 479
Bishop, William F. - Casey Key dredge permit 544
Bishops Harbor, B-Line, Terra ceia Bay 251,272,280
Bisz, Leonard A. - Appraiser, Dade County land 373
Black, David L.
Conveyance, Volusia County 253.12 (6) 60
Jones, Harry Mo - Conveyance, Volusia County 256
Blakemore, Chester - Trustees funds for repairs 499
Blanding, Robert L. - refund permit charge 506-507
Bliss & Nyitray: We Ian investment Co., dredge, Dade Co. 254
Block M, Inc. - dredge & fill, Pasco County 384
Blow, John N. - dredge channel, Duval County 437
Bloxham Land Company - refund application fee 335
Blue, John R.
City of Palmetto dedication 486-487,523-524
S. Pasadena B-Line 520
Blue Springs Condominium, dock & channel, Volusia Co, 593
Bluewater Trailer Village, inc., channel, Monroe Co. 221
Board of Regents (see Florida Agencies)
Boatwrights Marina - dock & dredge, St. Johns County 154
Boca Ciega Bay Aquatic Preserve 411,518,519
Boca Raton, City of
Application, dedication. Palm Beach County 259,312,326,356
Murphy Act sale. Palm Beach County 596
Waiver, spoil area acquisition 433
Bonebrake, Howard P. - sale, Monroe county 402,442
Bond - Curtiss, Wright Corporation, dredge & fill. Manatee 421
Boswell, Perry, dredge for navigation, Martin County 296
Bourkard, Russell, log lease, Swannee River 36
Bouterse, Howard M. - islandia application refund 486
Boutin, N. R.
Appraise Blood Bank property, Capitol Center 381
Fill Committee 10,59
Boyd, Melvin T., Golden Beach erosion, Dade County 507
Bradenton, City of -
Application, Quitclaim 688
Application, Manatee County 740
Bradford County, Hardenbergh, N. Watson - Lake dredge 338
Bradham, Joseph W: S. P. J., inc., sale & fill, Dade Co, 313, 373388
Bradley, Gordon W, - S, Pasadena, B-Line 520
Brannen, P,J,: John Aragona Enterprises, sale
Palm Beach County 211,219,251,252
- 755
Bray, Wesley: Holzer, O.A.; Universal Marion Corporation
Release reservations
Breitrick & Miller - Corrective deed. Murphy Act
Brent (Gordon) investment Company, Dredge, Nassau County
Brevard County
Aquatic Preserves
Bewerse, Richard A., Denial, refund
B-Line, Bennett Causeway, Banana River
Deferred, near S R 405
Indian River, Banana River, Newfound Harbor
Interagency Report #1
Merritt island
Newfound Harbor
Revisions
Dept. of Transportation, Newfound Harbor Bridge 405
Bennett causeway, St. Road 528, Indian & Banana River 225
263
99
308
86,133-134,478
395,402,410
274-275
518
relocated 372
50-51
324,355,570-571
87,94
485
Pineda Causeway, Indian River
Pineda Causeway,
C & C. Development Corp., Dredge channel
Campbell, Robert S. - Refund
Canaveral Port Authority
Permit - dredge & fill
Spoil easement, sand transfer
Cocoa, City of
B-Line, dedication, release
Dedication extension
Dredge permit, water main
Collins, R. W., Contract, deed
Corps of Engineers - Saturn Barge Channel
County easements, N-S road
Crisafulli, CD. - dredge channel
Dedicate nature preserve
Dedicate swamp land for park
Dept. of Public Works, dredge & fill
Dept. of Transportation
Dedication, easement, SR 404
Dredge & fill permit, Bennett Causeway
Dredge permit, SR 528
Dredge easement, SR # S-3, S-3-B
Dredge material
Easement & dredge permit
Fill permit
Parcel to Board of Conservation
Pineda Causeway easements & dredge
Temporary borrow easement
Temporary dredging easement
Deuschel Construction Co. , Permit
Eau Gallie - U.S. spoil easement
Engineering Dept. - Indian River work
Florida Power & Light Co., cable, dredge
Ft. Lauderdale, City of - B-Line
Hampton Homes, dredge & fill, refund
Holzer, O.A., Release 0 & M reservations
Houdaille - Duval - Wright, dredge permit
Hunter; Dolan; Kramm - filled land sale
Kiwanis Islands - sewer line dredge permit
Lone Cabbage Fish Camp - lease
Merritt Square Corp., dredge & fill
Mungall, R. G., dock application denied
NASA dedication modified
113
173-174
326
380
719
649
571
550
179,338
621
, dredge 1
415-416
326
700
113
729
179
247
104,416
105
115,146
668,677
730
121
241,668,677,690,694
678
178-179
741
219
677
239,626,652
733
45,713,729,738,743
263
652,678
6
45
417
161-162
222
211
756 -
Browcird County (continued)
Beach restoration plats approved 443
Board of Education - land from United States 687
B-Lines - Interagency Report #3 167
Clcurke, Hazel - disclaimer 247
county Commission
Dedication, footbridge 105
Dredge sand, beach nourishment 472
Crouch, S.L. - Hollandale beach restoration,
disclaimer 618-619
Development Corp. - disclaimer beach restoration 614
Disclaimer, Wahoo Beach 149
Erosion Prevention District 234,420,443,618
Florida Power & Light Company - dredge 472,551,652,696
Fort Lauderdale, sewage outfall permit 214
Forty-Twenty Inc. - dredge outfall lines 662
Galahad Apartments - dredge permit 184
Hallandale Beach restoration: seawall;
Disclaimer 234,458-459,618-619
Harbor Haven - dock permit 574
Hemispheres Development Corp. - disclaimer 458-459
Jack Parker Construction of Florida, Corp. #2
Disclaimer 458-459
Middle River upland owners assert title to
Sxobmerged land 25-26
Oil leases, Indian lands 690
Parker - Dorado construction; erosion at Golden Beach
Dade County 507
Pollack, J.F. - refund application fee 231
Port Everglades Authority - channel peirmit 95
St. Elizabeth Gardens - release reservations 664
Southern Bell Telephone - cable permit 635
Southern Bell Telephone - permit 737
Taylor, A.R. - corrective deed 498
Venetian Inco - disclaimer 149
Wanzenberg, Fritz - soil samples 41
Broward county Erosion prevention Dist. 234,420,443,618
Browder, Joe
Biscayne National Monument 293
National Audubon Society 76,138
Brower, F. E., campsite, Pasco county 669
Brown, Archie B.: Sarasota - Charlotte Cablevision-
Dredge permit 240
Brown, H.J. - dock permit. Levy County 558
Brown, Jack - S. Biscayne - B-Line 685
Brown, J.M. - dredge, Monroe County 423
Brown, James Marvin, Corrective Deed, Palm Beach County 439
Brown, J. L., dredge, Exccunnbia County 423
Brown, L.A. - dredge, St. Johns County 680
Brown, R.H.: Trustees loan for Fourth District Court Bldg. 270
Bryant, Albert - dock, Franklin County 424
Bud 'N Marys Marina - dredge - Monroe County 138,146-147
Buford, Rivers - State School Trust Fund 460-461
Bulkhead Lines: Policies
Advance Agenda 101
Conform to general shoreline 99
Interagency Advisory Committee Report #1
Regarding nine counties 49-56,73-78
Interagency Report #3, Re: 20 counties 166-169
Interagency Report #4, accepted 197
Interagency recommendations response 225-225
757
Bulkhead Lines: Policies (continued)
Review, interagency Advisory Committee Report,
Citrus county & others 325
Interagency Advisory committee Reccommendations 342,343
July 1, Policies 370
None in Aquatic Preserves 483
Legislative Subcommittee 100-101
Relocate before Trustees approve projects 273,280
Review by counties, relocations
desired 175,325,332,333,347,348
Bulkhead Lines
Bay County
Interagency Report #3 167
Panama City Airport 500
Department of Transportation, High Point Road 344
West Bay 608
Brevard County
Bennett Causeway 225,274-275
Cocoa, city of 571
Interagency Report #1 50-51
Merritt Island 324,355,570-571
Newfound Harbor, Kiwanis Island 87,94
Newfound Harbor, relocated 372,405
Pineda Causeway, Indian River 113,173,174
Revisions 485
Titusville 642
Broward County
Fort Lauderdale, City of 733
Interagency Report #3 167
Charlotte County
Interagency Report #3 167
Punta Gorda, City of 13
Citrus County
Town of Crystal River 251,266
Clay County
Department of Transportation, State Road 15 372
Doctors Lake 608
Interagency Report #3 167
Collier County
Big Marco River 14
Collier Bay, Marco Island 657
Helen Key & Fred Key 501
Johnson Bay 294
Naples, City of, review lines 455
Rookery Bay & Big Marco Pass 265
Dade County
Biscayne Bay - referred back to county 208-209
City of Coral Gables - denied 364,389
Interagency Report #1 52
Mashta Island 189
Miami, Dodge island 202
Miami Beach, Indian Creek 294
Review 536
South Biscayne Bay 599,675,684-686
Dixie County
Interagency Report #3 167
- 758
Bulkhead Lines (continued)
Duval County
Deferred 141
Interagency Report #1 55-56
Jacksonville & County 443
South Side St. Johns River 528
To re-establish 626
Trout River 14
Jacksonville Port Authority 114,146,160
St, Johns River, Sisters Creek 420
Escainbia County
Interagency Report #3 168
Flagler County
Interagency Report #3 168
Franklin County
Interagency Report #3 169
Gulf County
Interagency Report #3 168
Hernando County
Interagency Report #3 168
Hi*Llsborough County
Hillsborough Bay 502
Indian River County
Indian River Shores, Town of - review 455
Jefferson County
Interagency Report #3 168
Lee County
Boca Grande Bayou 238
Fort Myers, City of 239
Four Mile Cove 239
Gasparilla island 190,224
Interagency Report #1 54-55
Matlacha Pass 140,144
Pine Island Sound 28,589
Review - 551
Walter C. Groff 344
Levy County
City of Cedar Keys 257
Interagency Report #3 168
Manatee County
Bishops Harbor, Terra Ceia Bay 251,272,274,281,691
Relocated, Sarasota County line to Manatee County 608
Revisions 421
Monroe County
Interagency Report #1 52,55
Spanish Harbor & Bahia Honda Key 305
Nassau County
Interagency Report #3 168
Okaloosa County
Interagency Report #3 168
Palm Beach County
interagency Report #1 53
Pasco County
Berkovitz, Ben, land agreements 69
Gulf of Mexico & Anclote River 609
Pinellas County
Clearwater Beach Island, St. Joseph Sound 225
Clearwater Harbor 722
Dunedin, City of 624
- 759
Bulkhead Lines (continued)
Pinellas county (continued)
Grassy Islands, Anclote River
Interagency Report #1
Saint Petersburg Beach revisions
Saint Petersburg, Long Bayou
Segment 9
South Pasadena
Putnam County
Interagency Report #3
St. Johns River at Rice Creek
Saint Johns County
Interagency Report #3
Matanzas River
St. Johns River
St. Lucie County
County Commissioners
East shore, Indian River
South Causeway & North Beach
Wilcox & Jones, Indian River
Santa Rosa County
Gulf Breeze, City of
Interagency Report #3
Sarasota County - Myakka River
Gulf of Mexico
Interagency Report #1
Lemon Bay, relocated
Roberts Bay
Sarasota, City of
Taylor County
Interagency Report #3
Volusia County
Wakulla county
interagency Report #3
Walton County
Interagency Report #3
Bunz, Jon - Lake problems
Bureau of Law Enforcement
Burgman, Leo C. - Appl, Duval County
Burk Builders: Jockey Club permit, Dade County
699
53-54
589
378
518
324, 494, 518-520, 535, 560-562
Lease, Duval County
168
520
169
395
688
734
548
609
282
520
169
142
435
56
344
707,722
387
169
363,722
169
169
567
80
471,535
373
69
400
326,356
Burkland, H.A. - sale agreement, mortgage, bulkhead, fill
Burnett, J.L. - channel, Sumter County
Burns, C.R.: Phillips objections, Boca Raton
Burns, H. - Governor - submerged land, bulkhead lines
Also see Trustees 101
Burns, P.C. - Sale, Nassau County 271
Burns, Pauline P. - Corrective Deed, Murphy Act 207
Burwell, R.W. - dock, St. Lucie County 140
Butler, Leo:
Baskin, H.H. - dredge & fill, Pinellas County 7
Dudley, C.R. - dredge & fill, Pinellas County 7
- C -
C & C Development Corp. - dredge, Brevard County
C K G Joint Venture - disclaimer. Palm Beach County
326
203
760 -
Cabinet Conservation Subcommittee - Mean High Water
Report ; funds 98-99,107,114,341,342
Cabinet Rules 587
Cable, David B. - dredge channel, Monroe County 704
Cable-Vue of Sarasota - dredge permit 61
Cackowski, S.A. - release denied 401
Cadenhead, R.E. - Okaloosa County - lease 184
Caladesi Corporation
Contract amended 576
Permit, Pinellas County 529,665
Permit, dredge protest by Trustees 682
Caladesi Island Park access, Pinellas County 269
Callahan Road Camp lease - Nassau County 386
Camire, Arthur - dock, Pinellas County 505
Campbell, C.I. - application, Monroe County 611
Campbell, R.S. - refund, Brevard County 380
Campsites offshore 425,532-533
Canal Authority of Florida - easements 536
Satisfaction of Mortgage 646
Canaveral Port Authority
Easement 649
Permit - dredge & fill, Brevard County 719
Canovai, P.C. - boat ranp, Martin County 569
Cape Coral - Permit cancelled, Lee County 573
Capitol Building, Plans for center section. Trustees Funds 206
Capitol Center
Agreement with General Services 628
Bids for removal of old buildings 595
Dorian Building 70
Executive Office Building - Property acquisition 26
Ezell, Mrs. James - property acquired 109,279
Harrison, Nathaniel - property acquisition 109
Leon County Blood Bank Building 354,381
Maige, James - property acquisition 244
McPeak - land acquired 288
Parking areas 588
Planning Committee
Department of General Services 381
Lots acquisition 26
Property acquisition , 14 parcels 598-599
Renovate building. Trustees funds 480,533-534
Woodsand Corps lots 440
Captiva Island Company - channel markers - permit 574
Sale, Lee County 448,510-511
Carl C. Johnson, inc.
Survey plot to Field Notes Section 195-196
Surveying contract 541-542
Car Ian, C.H. - Pensacola, maintenance dredging 267
Car ley, J.T. - Navigation channel, Okaloosa County 472
Carlton Arms, J. Mahaffey - dredge permit, Pinellas Co. 468
Carlton Arms Apartments - dock, Pinellas County 532
Carlton, H.L. - Capitol center property 598
Carlton, W.T., Division of Beaches & Shores,
St. Lucie County Erosion District,
also see Department of Natural Resources 125-126
Carmichael Surf Side Seven - dock 254
Carnes, C.C. - filled Lake Swan land, Putnam Co. 275,290,317
Carr, Smith & Associates, Key Biscayne 531,532
Yacht Club - application 420-421,463
- 761 -
Ceurrabelle Self-service Corporation - dredge & dock 392
Garrison, H.G. - Jacksonville Bulkhead line, dedication 14
Ceirroll, Joe - South Oade B-line 686
Carter, E.E. - Mean High Water committee 57
Carter, R.G. - Murphy Act sale, Jefferson County 288
Caruth, W.W. - fill, Pinellas County 515
Casa Development Company - fill permit. Palm Beach Co, 226
Casey Key water Association - dredge permit 544
Cason, T.C. - dock, Okaloosa County 223
Cassedy, M.R. - Bar Association, review Attorney bill 361
Caudebec, Inc. - Quitclaim, Indian River County 402,412
Cavanaugh Leasing Corp. - Protest Aquatic Preserve 490-491
Cecil Webb Wildlife Area - Charlotte County 546
Cedar Key, City of - B-Line, Levy County 257
Cedar Keys Lions Club - artificial reef permit 568
Cedar Lane Developers - disclaimer,
refund, palm Beach County 229,396,439,464-465
Central & Southern Florida Flood control District
Also: See Florida Agencies
Brevard County, easement. Lake Washington 114
Click & Dewell, application, Glades county 676
Dade & Monroe counties - easement
Glades county - canal right of way 357-358,368-369,615
Glades County - spoil easement, canal 43 236
Hall, M.L. - land exchange, Glades county 356
Hendry County - spoil easement 80
Martin County easement 740
Okeechobee County, deed & right of way 106
Okeechobee county, lots conveyed 615
Palm Beach County, easement assignment 97
Osceola County Park - dredge channel 475
Walker, H.E. - Turkey Creek, dredge permit 694
Central Florida Electric - easement. Levy County 23
Central Keys Marine Corp. - permit, Monroe County 220,718
Chaddock, R.E. - land sale, Volusia County 592,642
Chamberlain, P.L. - dock, Charlotte County 453
Chamberlain, R.D. - grazing lease 498,540
Chambers, C.G. - dredge, Sarasota County 498
Cheimpion, T.B. - lake permit. Lake County 295
Chapman, Joe - objection. Aquatic Preserve, Bay Co. 478
Charles Orr's Meurina - dock, polk County 16
Charley Toppino & sons
Bid on stockpile, Monroe County 336
Overfill settlement, Monroe county 32-34,104,111-112
Charlotte County
Aquatic Preserve 86,136,490-491,516
Bayvue, Inc. - dock permit 424
B-Line, Lemon Bay & Placida Harbor 687
Cecil Webb Wildlife Area - oil lease 546
Chucks Marina - dock 453
county commissioners - artificial reef 553
Dedication request 40
Dedication to County, fill permit 89-90
Dredging operations checked 218
Fcurr, E.D. - quitclaim, corrective deed 605,643
General Development Utilities - dredge 422
Kessebring, C.E. - dredge, permit & sale 261,275,345,620
Punta Gorda, City of - Bulkhead lines 13,167
Punta Gorda, City of - dedicated land to County 40,89-90
762
charlotte County (continued)
Roberts, F.C. - quitclaim 605
Sarasota - Charlotte Cablevision - Permit 240
Venture Out in America - Bridge - permit 537-538,567-568
Wanzenberg, F.W. - core borings 669
West Coast Inland Navigation - Corrective easement 211,369
Chase, Groves, Inc. - refund, U.S. Geological Survey 62
Chattahoochee - Florida Power Corp. - easement 263
Chelsted, S.H. - Lake material, Polk County 248,506-507
Choctawhatchee Electric - easement, Okaloosa County 406
Christian, Floyd T., Also See Trustees: Members
Aerojet - general lease option 481-482
Biscayne National Monument 292-293,301-304
Hillsborough Junior College site 375,418
Interagency Reports, Counties comply 325,332,333
Outside attorneys 353
State School Trust Fund 460-461
Sales in the public interest 706
Christian & Missionary Alliance, channel markers, Lee Co. 539
Chucks Marina - dock, Charlotte County 453
Cichwicz, T.J. - dredge, Pinellas County 423
Citrus county
Aquatic preserve - St Martins Marsh 136,491,594
Bergman, H.L. - Lake material permit 169
Crystal River, City of - B-Line 251,266,325
Crystal River, City of - Dredge & fill beaches 444
Graham, E.R., - Murphy Act Sale 470
Interagency Report #4 197,198
Kofmehl, Charles - Land sale 325,395,402,410
Norris Development Company - navigation channel 340
Patterson & Johnson - dredge permit 661
Purcell, E.M. - land sale, dredge 326,388,473
Schoenfeld, F.K. - dredge permit 530
Clark, Lawrence 76
Clark, Stephen P. 74
Clark, V.M. - Hudson Beach, Dredge & fill 384
Clark, W.D. - permit, Lee County 710
Clark, wm. S. - Application, Monroe County 625
Clarke, Hazel - disclaimer, Broward County 247
Clarks Marine - dock, Dade County 276
Clarkson, Julian D: Barnes, J.C. - dredge & fill, Lee Co. 298
Claughton, E.N. - dredge & fill, Dade County 76,275
Clay County
Armory Board lease renewal 628
Baker, Whi. E. - Lake Region Citizens Committee 441
Bulkhead line - Doctors Lake 608
Bulkhead Lines - Interagency Report #3 167
Department of Transportation
Bulkhead Line - fill permit 372,413
Right of way easement 546
Right of way easement. Doctors Inlet 393
Game & Fish officer arrested 407
Houdaille - Duval - Wright, dredge permit 504
Lake Geneva - fill 407,441
Murphy Act Sale 223
Villas Continental - dock permit 457
Yonge, JoE. - sale denied 449
Clayton, C.W. - dredge. Orange County 227
Clearwater, city of, B-line denied, Pinellas County 722
- 763
click, P.E.: Dewell, S.E., Land sale, Glades County 631,724
Click, J.R. - application, Glades county 631,676,726
Coastal Petroleum company
Coastal Engineering Co., mine limestone. Lake Okeechobee 79
Lease #248 cancelled 321-322
Litigation, Trustees counsel 223,270,310,321,330,454,461,470
Report on leases 186
coble, J.K. - Skytower, Daytona Beach 596
Cocoa, City of
B-line, dedication, release area 571
dedication extension 550
dredge permit, water main 179
Cocoa Beach, City of - dredge channels 338
Coffin, D.D. - protest land sale. Palm Beach County 572
Cohen, Norman - fill permit, Dade county 212
Coldeway, Tom:
St, Joe Paper Company - Aquatic preserve 478
Port St. Joe Port Authority, maintenance dredging 653
Coleman, T.C. - dredge permit, Lee County 191
Collier County
Alger F. Quest Co. - dredge, fill, dock 252,268
Alliance Machine Company - dock permit 553
Aquatic Preserves 136,488
Board of Education, land exchange 659
Bulkhead Lines
Collier Bay, Marco islands 657
Big Marco River 14
Helen Key & Fred Key 501
Johnson Bay 294
Rookery Bay & Big Marco Pass 265
Collier County Conservancy - dock permit 604
Collier - Read Company exchange, sale
and dedication 448,509-510,565
Department of Transportation - Road r/W, Marco Pass 21
Dredging operations checked 218
Everglades Fisheries - dock permit 662
Florida Power & Light, cable permit 124
Geitz, C.F. - dredge permit 702
Griff is, R.A. - dock permit 505
Heyck, J.G. - "No bid" oil lease 42,96
Interagency Report #4 197-198
Marco Island Development Corporation
dredge permit 730
dredge, water main 252,283,599-600
Marco Towers, Inc. - corrective deed 412
Mean high water survey 57
Naples, City of
dredge permit, material 661
review bulkhead lines 455
Naples Yacht Clxob - land sale, permit 502,549,611
Nature Conservancy - land dedicated 265,509-510,565
Phillips Petroleum Company - Geophysical Survey 651
Phillips Petroleum Company - oil lease advertisement 674
Sheehan, G.L. - remove fill 504
Sun Oil Company - oil & gas lease 2-3
Tri-County Engineering - Marco Island, dredge & fill 252
Wanzenberg, F.W. - core borings 669
764
collier County Conservancy
dock permit. Rookery Bay 604
dedication 509-510
Marco, B-line 265
Collier - Read Company, exchange, sale, dedication
448,509-510,565
Collins, A.M., Astor Forest Campsites, Lake County 179
Collins, G.B., Pinellas County water system - dredge permit 28
Collins, R.W., contract deed 621
Colo, F.R., dock, Pinellas County 593-594
Columbia County
Department of Transportation, dedication R/w, St. Rd. 10 36
Department of Transportation, r/w, St. Road #136 495
Murphy Act sale 126
Committee of Trustees 143
Commodores Point - maintenance dredging 678
Condemnation - Biscayne National Monument lands,
Dade county 292,301-303
Condon, W.S.: Naples Yacht Club application 502
Conely & Conely: Duplicate deed, Okeechobee County 197
Confederate Point Apartments, dock, channel, Duval Co. 646,653
Connell, E.J., North Miami spoil island 639
Conner, Doyle, also see Trustees: Members
Aerojet - General lease option 481
Biscayne National Monument 292-293,303
Legislation 288
Manatee county, B-Line 274,281
Sales in the public interest 706
Conner, J.E., Aquatic Preserve, Citrus County 479,491
Conroy, F.P.: Jacksonville Port Authority, appl. for deed 396
Conservation Foundation, Collier Co., B-Line 265
Conti, H.R. - Middle River land. Ft. Lauderdale 26
Continental Contract & Development Company, dredge
and docks. Palm Beach County 124
Contracts
Caladesi Corporation & Honeymoon island. Amendment 576
Collins, R.W., deed, Brevard County 621
Curlew Properties, City of Dunedin 665
Papy, B.C., Trustees retain engineer 37
Papy, B.C., sale reconfirmed 657
Purchase contract sales discontinued 188
Surveying - Carl C. Johnson & Duane Hall 541-542
Cook, Arthur L., Road, Forestry Bd. land, Okaloosa Co. 8
Cooney, R.W.s Field, H.P. - dredge permit 531
Coral Gables, City of - B-Line denied 364,389
Coral Reef Yacht Club - dock, Dade County 170
Coral Shrimp Company, Dock, Monroe County 690
Corbett (J.W.) Wildlife Area, lease 30
Corinthian, The - beach nourishment, Dade county 174
Corkscrew Wildlife Sanctuary, Collier County 96
Cornu, Andre - application, Lee County land 610,667
Corr, F.J. - dredge & fill. Hills. Co. 358,383,390,397,407,503
Corrective Deeds
Afam Island Corp., Indian River County 650
Anderson, F.L. - Volusia County 122
Breitrick & Muller, Dade County 99
Brown, J.M. - Palm Beach County 439
Farr, E.D., Charlotte County 643
- 765
corrective Deeds (continued)
Ft. Pierce, City of - St. Lucie County 558
Indelicate & Affronte - Dade County 430
Koogler, F.F. - Indian River County 42
Lay fie Id, M.S. - Palm Beach County 558
McReynolds, G.E. - Murphy Act land 617
Meyer & Shepherd - Palm Beach County 43
Murphy Act deed, Suwannee county 223
Watkins, D.A. - Santa Rosa County 264
Wilson, Margaret - Palm Beach County 369
Corrective easement. West Coast inland Navigation,
Charlotte County 369
Courtelis & Kislak - application, Dade County 591,638
Cowart Brothers - dredge, Duval County 620
Cowley, J.G.: Pensacola Beach dredge permit 314
Cox, M.P. - Okaloosa County lease 184
Cox, V.D., convey, Volusia County land 60
Crady, George - protest Jacksonville Port easements 210
Craig, A.H. - protest dredging, Pinellas County 683
Craig Castle, oil & gas lease, Hendry County 673,728
Crane, Henry - dredge permit, dock, Martin County 633,655
Crary, Evans 77
Iowa Land & Development - dredge permit, St. Lucie Co. 497
Laurel court, inc. - application deferred 246
Perry Boswell - dredge, Martin County 296
Crary, Wilford - Aquatic Preserve, Bay County 478
Crary, Wm. F.: Weisenberger, Lillian, sale,
Martin County 211, 355
Crawford, Genevieve - Capitol Center Property 598
Cremer, E.G. - dredge canal, Putnam County 296
Crenshaw, Kornegay & Brewer, channel, Wakulla Co. 400
Crisafulli, CD. - dredge channel, Brevard County 326
Crittenden, H.C. - dock, Pinellas County 141
Crivello, Carl - protest Biscayne National Monument 293
Cromwell, R. F.
Application, Palm Beach County 88-89
Aquatic Preserve, Palm Beach County 128
Crosby, W. P. - dredge canals. Lake Ker 391
Cross, Whi. A. - Ormond Beach dredge permit 328
Crouch, S.L. - Development Corp., disclaimer, beach
restoration, Broward County 614
Gould, Robert, Sale, Dade County 295,365
Hallandale Beach restoration, disclaimers 618-619
Hemispheres Development Corp. & Jack Parker
Construction - disclaimer 458-459
Crowder Boat Landing, dredge, Leon County 204
Croyle, J.R. - Valleybrook dredge permit 573
Cruso, E.A. - dredge channel, Monroe County 240
Crystal Bay Mobile Homes - dock, Pinellas County 317
Crystal River - B-Line, Citrus County 251,325
Crystal River, City of - beach nourishment 444
Cunningham, wm. C, Sarasota County Commission^ 74
Curlew Properties - dredge, Pinellas County 576,665
Curtiss Wright - dredge & fill. Manatee County 421,581
Cynamon, Nathan - duplicate deed, Dade County 118
- 766 -
- D -
Dade County
Aerojet - General lease option 450-451,469,480
Al Pfleuger, Inc. - Artificial reef 228
Aquatic preserve 86,134,478
Atlantic Foundation inc. - dock 432
Atlas Terminals - dredge permit 212
Bal Harbour Village - beach nourishment 1,358,390
Bath Club - dock permit 137
Bay 23 Corp. - dock permit 213
Bedan, inc. - dock permit 523
Bellamy & Ruggles - lease assigned 309
Biscayne Bay offshore leases 222
Biscayne Bay Yacht Club - dock 522
Biscayne National Monument
Resolutions, Dade Navigation channels,
condemnation 3,11-13,291-293,301-304,320,337-338
Acquisition private lane 447
Bulkhead Lines
Coral Gables, denied 364
Dodge Island in Miami 202
Interagency Report #1 52
Mashta Island 189
Review 536
S. Biscayne Bay 208-209,212,599,675,684-686
Central & Southern Fla. F.C.D. - easement 716
Clarks Marine - dock permit 276
Claughton, E.N. - dredge & fill permit 275
Coral Reef Yacht Club - dock permit 170
Corinthian, The - dredge, quitclaim 174
County Commission
Access channel relocation 658
Extend pipeline, beach erosion 284
Courtelis & Kislak - land sale 591,638
Cynamon, Nathan - duplicate deed 118
Danielson, R.E.
Refund file fee 529
Dredge permit 600
Department of Transportation
Cable permit 36
Dedicate r/w easement 383
Easement, permit, St. Road 828 512,522
Fill permit 467
Des Rocher Sand Co. - lease 540,623
Donarl of Florida - dredge & fill permit 194-195,670
Dormal of Louisiana - application, reappraise 91
Dumfoundling Bay - area dredging 194,209,251
Enterprise Properties - agreement 462,572
Fairview of Florida - dock permit 457
Federal Aviation Administration - lease 278
Five Four Four Five Collins Corp. beach nourishment 119
Florida East Coast Properties - dock 468
Florida Power & Light -
Dredge permits 35,40,385,456,662,671,737
R/w exchange 406
Forrest, H.P. - application 708
Gables By the Sea - dredge, fill appl.
364-365,371,389-390,416-417
767 -
Dade County (continued)
Golden Beach erosion - Parker-Dorado 507,525
Goteck investments - dredge permit 153
Gould, Robert, dredge, fill, sale 194-195,295,365
indelicato & Affronte - corrective deed 424,430
Inter American Center Authority - Sandspur Island 230
Interagency Advisory Committee - B-Line review 333
Interama Authority - discussion 579-580
Islandia
Biscayne National Monument 485
Litigation 584,587
Pending Applications 465
Jet Port - site; trade 547
Jockey Club - sale, dredge, dock 90,92,266,333,361,373,374,737
Key Biscayne Golf course - permit 629,633
Key Biscayne Yacht Club, Appl. 420-421,463,556-557,723
Lease, Cape Florida Park 417
Litigation, National Industries, Enterprise
Properties, Oleta River 182,462,469,572
Magers, Murl R. - campsite lease 425
Manders, Logan - Oleta River land agree. 182,462,469,572
Marine Exhibition Corp - dock permit 505
Mario, Inc. - duplicate deed 231
Metropolitan Dade County
Dredge, fill, dock 283,316,385
Water main dredge permit 91
Miami Beach
B-Line, Indian Creek 294
Dredge sewer outfall 241
Marina, dock permit 522
Mean high water line, Dan Paul alleges encroachment 629
Miami, City of
Dredge permit 204
Waive municipal purposes 404
Watson Island refueling station 23
Michel, John F. - application fee refund 217
Mike Gordons Seafood Restaurant 523
Mission East Co. - lease assigned 445
Morgan, S.J.; Norman Cohen - dredge permit 212
National Industries, Inc. - agreement 572
Navigation channels, Biscayne Monument area 292,303
North Miami, City of
Dedication 726
License spoil island 639
One Hundred Lincoln Road - dredge permit 405
Owens, R.V. - corrective deed 331
Paul, D.P.S. - reported encroachment 559
Peoples Gas System, dredge permit 348,358-359,635
Pfleuger, A. - artificial reef 539
Phillips Petroleum Co - Watson island refueling dock 23,339
Port Authority - dedication, jet port 90
Port Authority - Road R/w easement 594
Powers, Lila M. - land sale 535-536,609-610
Public Works Dept. - channel 685
Ray L. Aliens Runaway Bay Club - dock 62
Rock Mining lease 583,595,605,640,651,663,674,681-82
S/P.J. inc. - sale & fill permit 313,373,388
Sailboat Key - eas anent 735
Sandspur Island 230
- 768
Dade County (continued)
Seacoast Towers Five - dock 156
Seacoast Towers West - dock 16
Sibley, M.E. - Gables By The Sea,
Dredge & Fill 364-365,371,389-390,416-417
Smalley, H.E. - campsite 709
Snider, W.M. - dock permit 360
Southern Bell Telephone 6 Telegraph Company
Cable permit 6,44,170,349
Stamos, George & E.J, - land sale 734
State Mental Health Facility 31,47
Sudbrink, R.W. - lease assigned 445
Swanson, R.B. - Swan Key land 520
Trustees funds to rebuild habitd:s in Dumfoundling
Bay 194-195
U.S. Air Force, Homestead Base - dock permit 263
U.S. Corps of Engineers - Biscayne National Monument 243
University of Miami - dock; testing facility 476
Vining, J.B. - St. Gaudens Road 524
Virginia Key - Pipe line easement 449
Wazenberg, Fritz - soil samples 41
Welan investment Company - dredge & fill 254,645
Williams, R.G. Oleta River land 462
Winston Development Corp. - fill permit 502
Wiseheart, M.C. & M.B. - dredge permit 171
Witz, Leo - land sale, fill 90,251,312,502
Dade County Port Authority 90,594
Dail, G.E. - Central & Southern Florida Flood
Control Distridt - easement 114
Dakar investment Corp. - disclaimer 618
Daley, J.S. - protest aquatic preserve 479,490
Daly's Boatyard - dock, Duval County 704
Damerow, K.W.: Sebastian Inlet, spoil easement 306
Danielson, r.e.
Dredge Permit - Dade County 600
Refund Fee, Dade County 529
Daugherty, Woodrow - dredge permit denied 703,742
Davis, A.M.: Florida Power & light Company,
Dredge channel, St. Lucie County 193
Davis, Copt. Floyd - dredge, Monroe County 452,496
Davis, Glen - renew lease, Okeechobee County 352
Davis, J.S.W. - Islandia Application refund 486
Davis, L.V. - dock, Volusia County 205
Davis, W.A. - dredge, Sarasota County 531
Davis, W.F. - Okaloosa County lease 184
Dean Development Co. - dock, Martin county 80,361
Dean, Whi.R. - dredge channel, Martin County 283
DeBary Mansion - land exchange. State Parks, Volusia Co. 47
DeBoest, R.D. - Gulf American, dredge violations, Lee Co, 305
DeBoest, R.D. - Gulf American, protest aquatic preserve
Lee county 490
DeBoest, R.D. - Grafton Development Corp. fill, Lee Co. 314
Debussy Realty Company - disclaimer 618
Dedications
Audubon Society - Bird Key, Manatee County 692-693
Board of Regents land to Department of Transportation
Putnam county 434
- 769 -
Dedications (continued)
Boca Raton, City - application, deferred 312,326,356
Brevard County - nature preserve 700
Brevard County swamp land for park 113
Broward County Coiranissioners - footbridge 105
Charlotte County, public use, fill permit 40,89-90
Cocoa, City of - Brevard county 550,571
collier - Read Co. - Collier County 509-510
Five Four Four Five Collins Corp. , Beach
Nourishment, Dade County 119
Dade County Navigation channels, Biscayne Monument 292,303
Dade County Port Authority - land for jet port 90
Department of Transportation
Alachua county r/W 247
Brevard County, St. Rd. 404 179
Bridge r/w, Duval County 219
Collier County, Rd. r/W, Marco Pass 21
Colvimbia County r/W 36
DeSoto county Road r/W 299
High Point Road r/W, Bay County 368
Indian River County, r/w Wabasso Bridge 105
Levy county r/W 429
Martin County, SR 714 105
Monroe county r/w, Florida Bay Bridge 318
Monroe County Rd. r/W, Bahia Honda 306
Okaloosa County - bridge site 184
Pinellas County R/W, Johns Pass 318
Putnam County, r/W 162
University of Florida campus - road 195
Walton County, Correction 138
Duval County - Jacksonville Zoological Park 60
Flagler County - land for "Cracker Day" 555
Florida Keys Junior College - channel 609
Forest Service to Department of Transportation,
Gadsden County 230
Fort Pierce, City of - extension 107
Gainesville, City of - street, Alachua County 60
Jacksonville, City of - zoological park, Duval County 14
Jacksonville Port Authority - Duval Co. 16-17,19-20,21-22,178
Key West, city of - terminate 537
Lakeland, City of - Lake Parker land, Polk County 351
Leon county Rd. r/W 149
Monroe County
cancellation 590
Road r/W extension 583
NASA, modified, Brevard County 211
National Audiabon Society, Bir Key, Manatee County 632
Nature Conservancy - Collier County land 509-510,565
North Miami, City of - Dade County 726
North Miami, City of - spoil island 639
Palmetto, City of. Manatee Co. 433,386,523-524
Polk county Road r/w 138
Putnam County Port Authority 564,611
Sarasota - lease agreement amended 440
Tallahassee, Electric line easement 299
Titusville - street extension 284
U.S., NASA - Brevard county land 529
Vining, J.B. - St. Gaudens Road 524
770 -
Deeb, Roy j. - dock, Pinellas County 214
Deeds
Corrective & duplicate - rules amended 189
Forms - oil & mineral reservation clause 425
Anderson, F.L. - Volusia County land 122
Bee, F.A. - duplicate Monroe County 513
Board of Regents land, Seminole County 424,430
Conely & Conely - Okeechobee County 197
Cynamon, Nathan - Dade County 118
Florida Board Parks - restriction modified, Pinellas Co. 269
Jacksonville Port Authority - Duval County land 436
Koogler, F.F. - corrective, Indian River County 42
Lane, Girard W. - Pinellas County 386
Lemelman, David - Monroe County 197
Lindrose, Florience - Palm Beach County land 566
Marco Towers - Collier County 412
Mario, Inc. - Dade County 231
Pandapas, G.J. & C.G. - Quitclaim - Volusia County 716
Nichols, R.M. - Monroe County 186
Ripley, M.M. - Quitclaim , Duval County 622
Rossman, N.A. - Brevard County 277
Scheutz, Per. A.O. - restriction clause 190, 346, 403-4, 446;454
Silver Springs Ocala county - Murphy Act 62
Taylor, A.R. - Broward County 498
Yospe, Sidney - Dade county 231
Dees, C.F. - dock, Polk County 255
Dell, E.L. - dredge channel, Nassau County 601
DeLozier, F.J.: W & H Waterways, channel, Lee County 695
Delta Sigma Phi - Alachua county land 231
Denbury, Mark - sale denied, Monroe County 38-39
Dennis, G.R. - dredge, Monroe County 213,220
Department of Legal Affairs - see Attorney General
Department of Transportation - see Florida Agencies
DesRocher Sand Company - lease 540,623
Desoto County
Arcadia Abstract & Title - refund 118
Department of Transportation - Rd. rA? dedication 299
Lease, Peace River Lake Park 417
Deuschel Con. Company - permit, Broward County 741
Development Corp. (La Mer, etal) - disclaimer 618
Development Corp. of America - Disclaimer, beach restorat. 614
Dewell, S.D. - land sale, Glades County 631,676,724
DeWerff, wm.H. - dredge, fill, Monroe county 514-515
Dewolf, T.B. - Dade County B-Line 209
Dickinson, Fred O., Jr., State Comptroller
Also see Trustees: Members
Biscayne National Monument 301-303,337-338
Lake Okeechobee mining 271
Loan for Fourth District Court building 270
Policy of advertising, sale 536
Sales in the public interest 706
Dickinson (Jonathan) State park - land exchange 286
Dickman, P.B. - fill permit, Hillsborough County
358, 383, 390, 397,407, 503
Digges, R.W. - izack Walton League 74
"Ding" Darling Wildlife Refuge - Lee Co. 195-196,255,286-287
771 -
Breveurd County (continued)
North Brevard Parks & Recreation - fill 298
Norwood, W. O. - disclaimer 246
Oakland Consolidated - dredge & fill 218,620
Oceem Summit Association - permit 736
Pineda Causeway; resolution 241,668,677,690,694
Richland, Inc. - dredge permit 599
Roberts, R.T. et al - Harris, L.O., sale deferred 740
Rossman, N.A. - corrective deed 277
Ruimnell, Mrs. R.W., sale denied; refund 464
Satellite Beach, City of - dredge channel 702
Sebastian inlet commission, dredge permit 396
Sebastian inlet land for park 692
Shell Oil Co., release reservations. Murphy Act 289
Southern Bell Telephone £e Telegraph - permit 646
Thomas, E.D. - land sale denied 631,692,707
Thompson, R.S., T-craft, dredge & fill 581
Titusville, City of
B-Line review 642
Dedication, fill permit 284
Dredge channell 205
Titusville Ski Club - ramps permit 194
U.S., N.A.S.A. - dedication 529
Venetian, inc. - dock permit 604
Wedgewood Enterprises - application to purchase 267,332
Wells, L.R. - permit renewal deferred 582
Youles, F.,C., dredge dock 451,476
Brevard (North) Parks & Recreation ccxnmission, fill 298
Bridges, Mae D. - protest application, Brevard County 692
Britt Associates: Ocean Summit Assoc. - permit Broward Co. 736
Britt, Duncan - Hallandale Beach restoration 619
Broad, Sheppard - Bay Harbor Islands objects to North
Micuni spoil island license 639
Brockway, G.R.j McGee, Frank, disclaimer. Palm Beach Co. 317
Brockway, Owen & Anderson Engineers
Bloxham Land Company, refund 335
C. K. G. Joint venture disclaimer 203
Cedar Leme Developers - refund. Palm Beach, County 396
DiVosta Rqntals - sale, fill 239,294,451
Donner, Charles, Disclaimer, application denied 382,464
Donner Lumber Corp., Disclaimer, Application denied 382,465
First National Bank & Trust of Boca Raton, disclaimer 411,459
Flagler Drive, West Palm Beach, Policy 451
Immormino, Florence - disclaimer, palm Beach County 298
Jupiter inlet District - Navigational Aids 594
Lash, F.L., application denied. Palm Beach Co. 91,528,571-572
Moore, J., Disclaimer application. Palm Beach County 351,549
Paynter, A.J., Palm Beach application 549
Roy, Raymond, application. Palm Beach County 426,464
Weigel, Mary D., disclaimer. Palm Beach county 505,513
Brockway, Weber & Brockway 335
Brons, J.R., Islandia, application refund 486
Bronson, R.A., clean channel, Polk county 385
Bronson, T.E., rock mining, Dade County 663
Broward County
Aiden, Inc., dock permit 156
Arvida dredging protested 367
Bateman, R.E., dredge permit 487
Beach restoration, Hallandale, seawall,
disclaimers 234,458-459,618-619
- 772
Director, Also see Trustees 1,10,143,148,197,287-8
Apthorp, J.W. - appointed 381
Brevard county - permit denied? litigation 218
Landruiii, Ney C. 354,363,381
Disclaimers
CKG Joint Venture, Palm Beach County 203
Cedar Lane Developers - Palm Beach County 229
Clarke, Hazel - Broward County 247
Development Corp. - beach restoration, Broward Co. 614
DiVosta Rentals - Palm Beach County
Donner, Charles - Palm Beach County
Donner Lumber Corp. - Palm Beach County
First Baptist Church of Oviedo - Orange County
First National Bank & Trust of Boca Raton
Gregory, Donn - Suwannee County land
Hallandale beach restoration, Broward County
Hemispheres Development Corp., Broward county
Jack Parker Construction of Florida, Corp. #2,
Broward County
Johnson, D.W. - Monroe County
Keough, E.M., et al - Palm Beach County
Livingston, R.E. - Monroe County
Malouf, W.D. - Pinellas County
McGee, Frank - Palm Beach County
McKinnon, C.R. - Indian River County
Moore, John - Palm Beach County
Norwood, W.O. - Brevard County
Oslow Packing Co. - Indian River County
Rules Amended
Spalding, R.D. - Sarasota County
Thompson, E.B. - Monroe County
U.S. Navy - Pier 370, Monroe County
Venetian, inc. - Broward County
Wahoo Beach - Broward County
Weigel, M.D. - Palm Beach County
West Palm Beach, City of - City Marina land
DiVosta Rentals
Sale, Palm Beach County, disclaimer
Fill permit, palm Beach County
Dixie County
Bourkard, Russell - log lease
Bulkhead lines - Interagency report #3
Elmore, David, Log lease
McKinney, J.M. - dredge permit
Navigation aids, Suwannee River
Docks & piers: See Permits
Dolan, Vftn. D. - sale, Brevard County
Donarl of Florida - dredge & fill, Dade County
Donner, Charles - disclaimer, application, P.B. Co.
Donner Lumber Corp. - disclaimer. Palm Beach County
Dorian Building, Capitol Center
Dormal of Louisiana, inc. - application, reappraise,
Doss, J.M. - fill committee
Drainage Commissioners, transfer to Department of
Natural Resources
Dredge : See permits
Dredging operations studied
Driver, Ben - South Pasadena B-Line
293
382
382
622
459
117
618
458-459
458-459
277
411
487
622
317
243
351
246
668,676
189
439
106
243
149
149
505,515
383
293,294,295
437,451,464,475,698
36
167
172
314
582
194-195,670
382,464
382
70
Dade CO. 91
10
382
207,218
561
- 773
Drost, V.M.
Cud joe Gardens 75
Application, Monroe County 494,535
Duane Hall & Associates:
Christian & Missionary Alliance - chaxuiel Markers,
Lee County 539
Hefner sale, Lee County 345
Sunny Groves Mobile Homes - dredge, Lee County 327
Surveying contract 541-542
Dubbin, Schiff, Berkman & Dubbin, Dade County,
Murphy Act deed, refund 250
Dudley, C.R. - dredge & fill - Pinellas County 7
Dukate, Elbert - Akima, Mariculture 232
Duke, Richard - dredge material, Okaloosa County 601
Dumfoundling Bay - Trustees funds to rebuild habitats 195
Duncan & Foster - refund, release denied 555
Duncan, R.A. - dredge, Santa Rosa County 671
Dunedin, City of
Amendment to Caladesi contract 576
Caladesi dredge permit 665-667,682
Causeway & Caladesi Park access 269
Dredge permit 529-530,612
Dunedin Civic Association - Caladesi Contract 577
Dunn, Norman R. - dredge, Monroe County 601
Dunning, Paul - application denied, refund, Monroe Co. 202
Dunning, R.B. - St. Lucie Marine dredge permit 452
Dupart, Inc. - Class 1, printing bid 163
Duval County
Aquatic Preserve 133,478
Blow, J.N. - dredge channel 437
Bulkhead Lines
B-Line deferred 141
Jacksonville Port Authority 160
Relocated 420
Reviewed, City & County 443
St. Johns River, Sisters Creek 420
Interagency Report #1 55-56
Jacksonville, City of, dedication 14
Bureau Law Enforcement - lease 80
Burgman, Leo C. - application deferred 471,521,535
Confederate Point Apts. - dock, channel 646,653
Cowart Brothers - dredge permit 620
Daly's Boatyard - dock permit 704
Department of Transportation - bridge R/W 219
Eastern Seaboard Petroleum Co. - permit 731
Georgia industrial Realty - applo 443,502,509,535,564
Hess Oil & Chemical Corp. - maintenance dredging 156
Imler Earthmovers - dredge permit 504
Jacksonville, City of
B-Line, St. Johns River 528
Dedications 14,60
Dock permit 66,703
Dredge, water main 252
Fill permit 66
Lease, boat ramp 341
Maintenance dredging 661
Permit for water main 437
Public docks, Mayport Ramp 453
- 774
Duval County (continued)
Jacksonville Electric Authority -
Easement & dredge 163,172,176,614
Jacksonville Harbor Project - easements 210
Jacksonville Port Authority
Application for deed 396
"Back River" 623
B-Line, spoil area 144-146
Dedication, easements 16-17,19-20,21-22,31,559
Dredge permit 249-250,397,422,538,646,703
Plans 461
Sale, dredge, fill, dock 436-437
Spoil easements 149-150,176,178,210,236,646,703
Jacksonville Shipyards - dredge permit 662,678
Kaiser Gypsum Co. - dredge permit 652
Kathryn Abby Hanna Park - Duval County 417
Lockwood, L.M. - application deferred 626
Mat Roland Seafood Co. - permit 742
Recreation & parks Division - Kathryn Abby Hanna Park 417
Resolution, Southernmost Battlefields Park 527
Ripley, M.M. - quitclaim 622
Roland, Mat - dredge & dock 379,400,532
Seaboard Coast Line Railroad, dredge permit 295
Seabrook cove. Inc. - dredge permit 652
Seagraves Service Center - dock 124
Singleton, Dan - dock, dredging permit 153
Southern Baptist Hospital - release & conveyance 701
Southern Bell Telephone & Telegraph Company
Access road easement 121-122
Utility permit 731,737
Swamp land withdrawn from sale 466,480
Trammel, J.H. - dock permit 276
U.S. Navy
Dock permit 8
Sewer outfall 449,452,668,676
U.S. Naval Air Station, Mayport, dredge material 140
Duval (Houdeville, Wright) - dredge. Clay County 504
Dye, Dewey A., Jr. 75
Curtiss Wright Corp. - dredge & fill. Manatee Co. 421,581
Icard, O.R. - application. Manatee County 709
Manatee County, B-Line 273
Protest aquatic preserve boundaries 491
Suncoast Realty - Navigation channel. Manatee Co. 695
Venture out bridge permit, Charlotte County 537
West Coast Inland Navigation Distributor -
Corrected easement, Charlotte County 211
- E -
Eagle Marine - dock, Duval County 704
Easements
Department of Transportation
Borrow Pit, r/w, etc
Borrow Pit, Alachua County 195
Brevard County dredging 178-179
SR#528 104
SR, S-3, S-3-B 105
- 775 -
Easements (continued)
Department of Transportation
Brevard county
SR 404 494
Borrow Area, Bennett Causeway 678
Borrow area, Pineda Causeway 694
Clay County, Doctors Inlet 393
Clay County 546
Columbia county, SR 136 495
Dade County 383,512
Gadsden county. Bridge R/W 599
Escambia & Santa Rosa County 735
Highlands County 379,383,567
Hillsborough County, SR 582 506,513,615
Indian River county, Wabasso Bridge 16
Jefferson, Madison, Hamilton counties 657-658
Jefferson County - R/W easement 147-148
Leon County
Bridge R/W 450,599
I-IO 512
Madison & Suwanee Counties I-IO 567
Manatee County - waive reverter 178
Martin County r/W 487
Monroe County - Bahia Honda Bridge 243,341,467,550
Okaloosa county, SR 85 494
St. Johns County - borrow pit 643
Santa Rosa County - SR 191 525
Walton County, Grayton Park; bridge 184,590,693
Washington County - r/W 629
Electric Line
Central Florida Electric Co-op - Levy County 23
Choctawhatchee Electric Co-op - Okaloosa County 406
Esccuiibia River Electric Co-op, inc. - Santa Rosa Co. 263
Florida Power Corp. - electric substation, Gadsden Co. 263
Turkey Point, Franklin County 96
Pinellas County 229
Hortoon Park, Volusia county 31,220
Volusia County 269
Wekiwa Springs Park 418
Florida Power & Light Company
R/W., Dade County 406
Florida Atlantic university. Palm Beach County 3
Volusia county 210-211
University of Florida, Palm Beach County 369
Gainesville, - power line 594
Jacksonville Electric Authority 163,176
Lee County Electric co-op, power line 701
Southeastern Telephone Company, Leon County 717
Tallahassee, City of - Leon County 47,299,743
Erosion Control
Dade County Commission - extension 284,449
Hallandale Beach, Broward County 618-619
Hallandale, City of, access to beach from private
owners 459
St. Lucie county Erosion District 126,444,636,642,718
Sarasota, City of - beach nourishment 432
Treasure island beach restoration, Pinellas Co. 106,589
- 776 -
Easements (continued)
Pipeline, water main, sewer line
Belle Glade, City of - water main. Palm Beach County 61
Florida Gas Transportation Co. - Wekiwa Park, Orange Co. 5 12
Florida Gas Transmission Co. - pipeline, Santa Rosa Co. 445
Fort Pierce Street Farmers Market 106
Lake Worth, City of. Palm Beach County 268
Peacock, jack - Gadsden County 709
Saint Augustine, City of, St. Johns County 506,513
Tallahassee, City of, Leon County 424,430
r/w & spoil
Brevard County North-South Road 415-416
Canal Authority of Florida, Marion County 536
Canaveral Port Authority - sand transfer plant 649
Central & Southern Florida Flood Control District
Dade & Monroe Counties 716
Glades County 236,357-358,368-369,615
Hendry County 80
Lake Okeechobee 106
Palm Beach County - assignment clause 97
Cook, Arthur L. - Forestry Board land, Okaloosa Co. 8
Dade County Port Authority 594
Jacksonville Port Authority, Duval County
16-17,19-20,21-22,31,149-150,176,178,210,236,559,646
Lee County Bridge r/W, Hancock Creek 583
Leon County Commission - former U.S. land 541
Nassau County, Ocean Highway & Port Aurthority 284
Panama City Port Authority - Bay County 318
Pithlachascotte River Channel, Pasco County 285
Putnam Co. Port Authority, St. Johns River 543,564,635,642
Sebastian Inlet Distributor - Indian River County 306,643
Southwest Fla. Water District
Canal, Pinellas County 318,545
Lake Tarpon Sink 550
U.S. Corps of Engineers
Biscayne National Monument, Dade County 243
Eau Gallie Harbor, Brevard County 219
Corrective, Sarasdta County 277
Martin County, St. Lucie Inlet project 466
Okaloosa County 299
Palm Beach County 367
Channel work & beach nouishment. Lake Worth Inlet 575
St. Lucie Inlet, Martin County 64
U.S. Navy
Sewer outfall, Duval County 449,668,676
Escambia County 445
Indian River County 668
Monroe County 658
Washington County road widening 107
West Coast Inland Navigation District - Sarasota
county. Area S-27 28
Miscellaneous
Alachua county Commission 743
Dade County - access channel relocation 658
Gainesville, City of - drainage, Alachua Co. 235,701
Glades County Commission - borrow pit 616
Lake Jackson Mound Park - drainage, Leon County 47
Lee County hopper dredge 616
- 777 -
Easements (continued)
Miscellaneous (continued)
Panama City Airport landing devices 501,513
ponce de Leon Inlet & Port District, extension 635-536,542
Port St, Lucie, City of - St. Lucie County 227
Sailboat Key - Dade County 735
Sandspur Island release, Dade County 230
Southern Bell Telephone & Telegraph Company
Access Road, Duval County 121-122
Cable, Palm Beach County 235
West Coast Inland Navigation District - corrective 211,389
East Biay Dredging & Construction 616
East Central Florida Regional Planning Council - loan 18
East Madeira Corp. - dredge, Pinellas County 488
Eastern Seaboard Petroleum Co. - permit, Duval County 731
Eau Gallie, City of - U.S. spoil area easement, Brev. Co. 219
Eddy, Albert G. - Sarasota, City of. Dredge marina 227
Edelphi Builders, Inc. - fill, Palm Beach county 23-24
"Eden" - Maxon land park, Walton County 162
Edgewater, City of - dock, Volusia County 255
Edgewater Village Corp. - dredge, Okaloosa County 174
Edwards, Charles, protest aquatic preserve, Lee County 489
Edwards, C.G. - r/w, Pithlachaccotee, River project 285
Edwards, Pete - protest aquatic preserve. Bay County 478
Edwards, R.S.: Exotica Gardens, permit, Osceola & Polk Co. 712
Edwards, S.W. - Duval County land claim 178
Edwards (W.T.) Tuberculosis Hospital, Tampa 418
Efronson, Sidney - refund, release denied 401
Ellicott Point Canal Assoc. - channel maintenance 380
Elliot Building, Painting & repairs 32
Elliott, D.O. & M.B. - extend permit, Pinellas County 558-569
Elmore, David - log lease, Dixie & Levy Counties 172
Elston, Dick - Junior College Board of Tampa 418
Elzie, R.H. - protest aquatic preserve. Gulf County 479
Emerald Isle - dredge canals, Volusia County 252
Encroachment reported, Miami Beach 559
Engelhard, Jane - dredge channel, Lee County 473
Englander, Mai, Miami Beach 77
Enterprise Properties - Dade County land 452,572
"Environmental Safeguard" agency to protect lakes 567
Erosion Control
Broward County Erosion Prevention District 420
Dade County - Golden Beach 507,525
Dade County - pipeline easement extension 284,449
Hallandale beach restoration, Broward Co. 459,618,619
Hurricane Camille damage. West Florida 458,554
Martin County protective devices, Jenson Beach 543
St, Lucie County - dredging & beach restoration.
Fort Pierce 125,444,636,542,718
Sarasota Beach nourishment 432
Treasure Island, Pinellas County 106,589
U.S. Corps of Engineers - St. Lucie County 718
Escambia Chemical Co. - dredge, dock 241,249,296
Escambia County
Aquatic Preserves 135,478
Brown, J.L. - dredge permit 423
Bulkhead lines - Interagency Report #3 168
778 -
Escambia County (continued)
Department of Transportation - easement 735
Geophysical Service - survey 594
Gulf Atlantic Oceanographic Research Society 379
Gulf Power Company - dredge permit 544
Hubbard, Frank K.
Dock permit 277
Rod & Reel Lodge, Marina - dredge 315
Lease, Stone Lake Park 417
Louisiana Land & Exploration - oil lease 672
Merritt Marina - dredge & dock permit 315
Merry V. Trustees - refund 376
Norton, C.N. - dredge permit 406
Pensacola Beach - dredge permit 314
Pensacola Beach Elks Lodge - docks 228
Pensacola, City of - dredge permit 267
Pensacola Port Authority - dredge permit 267
Pensacola Yacht Club dredging 137
Policy, water quality 669
Quadricentennial - marina license 672
Richbourg, Clyde - dock permit 545
Santa Rosa Island Authority
Dredge permit 314
Exchange 108
Shelter Cove Marina, M.L. Sheppard - dock 2
Soule Construction Co. - marina 672
Southern Bell Tel. & Tel - permits 338,709
United Gas Pipeline - dredge 612
U.S. Naval Air Station - dredge 327,405,422,431,445,530
University of West Fla. - land exchange 108
Valleybrook Developers - dredge permit 573
Wagner, D.J. - maintenance dredging 644
Walker, M.F. - dock permit 545
Wells, I.D. - dredge channel 653
Westinghouse Electric - dredge channel 504
Escambia River Electric Co-op - easement, Santa Rosa Co. 263
Estate Capital Development Corp. - dock, St. Lucie Co. 662
Estergren, F.B. - dredge canal, Okaloosa County 392
Estey, W.S. - lake material. Orange County 253
Everglades Experiment Station 278
Everglades Fisheries - dock. Collier County 662
Everglades National Park 11,337
Everglades Wildlife Area - lease. Palm Beach County 30
Ewing, W.S. - dredge permit. Highlands County 349
Exchange
Board of Regents land, Seminole County 424,430
Collier -Re ad Co. - Collier County 448
Reserve mineral interest, Martin County 37
Executive Office Building - Capitol Center 26,598,628
Exotica Gardens - permit, Osceola & Polk Counties 712
ExParte Disclaimers (see disclaimers)
Experimental soil sampling - Fritz Wanzenburg 588
779 -
- F -
Fair, Inc. - dock, Pinellas county 368
Fair child Tropical Gardens, Mangroves propagation 633
Faircloth, Earl - also see Trustees: Members
Aerojet - General lease - option
Biscayne National Monument document
Coastal Petroleum Co. - litigation
Environment safeguard, Brevard County causeway
Legal Services, outside attorneys
Manatee county - B-line
Sales & Leases in the public interest
Summer land Key Cove report
Fairview of Florida - dock permit
Fant, Julian - Treasure Island beach restoration
Farr, Earl Drayton, Jr.:
Bayvue, Ine. - dock permit
Corrective deed, Charlotte County
Miller, W.M. - application, Lee County
Quitclaim, Charlotte County
Sunset Realty - app. Lee Co,
Fascell, Dante - Biscayne National Monument
Fatherree, J.B. - dredge permit
Fay, L.D.: Southern Baptist Hospital, Release & conveyance
Feaster, J.M. - Islandia application refund
Feckner, L.E.- permit, Okaloosa County
Federal Aviation Administration - lease, Dade County
Federal Correctional Institution - water line easement
Leon County
Federal Housing Administration - University of Florida
Housing
Federal Land Bank of Columbia - leases assigned
Fernandez, L.H. - dredge, Pinellas County
Ferrari, Frank - dock, Pinellas County
Ferre, M.A. - rock mining, Dade County
Ferrell, A.M. - Capital Center Property
Ferrell, Z.O. - Dade County - bulkhead line
Fiebelkorn, P.j. - dock, Okaloosa County
Field Club - Maintenance dredging, Sarasota County
Field, H.P. - dredge, Sarasota County
Fields, D.W. - oil lease appl., Hendry County
Five Four Four Five Collins Corp. - beach nourishment
Dade County
Fill - see permits
Fill Material, Tiechnical Advisory Committee; expenses;
report 10,31,57-59
Fill operations in Fla. Keys checked 119-120
Filske, R.A. - dredge permit, breakwater 24
Finney, A.R. - Marco Island Development dredge 283
First Baptist Church of Oviedo - disclaimer 622
First National Bank & Trust - P.B. Co. 395,402,411,459,566
Fisher, A.A. - Aerojet - General lease - option 469
Fisher, Louis, dock permit, St. Lucie County 316
Fisher Properties - permit. Palm Beach, County 742
Fisherman's Cove - permits, Sarasota County 154,731
Fishier, H.M.: Ocean Highway & Port Authority, Nassau Co. 284
Fitzgerald, j.M. - release reservations 664
451,482
337-338
310-311
677
352-353
273-274,280
706
525
457
589
424
643
347,471
605
228,235,335,471
11
551
701
486
729
278
430
279
278
551
458
640,663
598
209
569
366
531
540
119
- 780
Flagler County
Aquatic Preserves 133,478
Bulkhead Lines, Interagency Report #3 168
County Commissioners - dedicate land for "Cracker Day" 555
Marineland - dredge permit 627
Southern Bell Telephone - utility permit 703
Flagler County Cattleman's Association - land dedicated 555
Flagler Drive - road widening strips, P. B. Co. 451,475,476
Fleece, Vftn.H. - protest dredging, Pinellas County 683
Fletcher, Paul & Jerome - dock, Pinellas County 532
Fletcher, Sam - Inter ama lands 580
Florida Agencies
Administration, Department of
Trustees Funds, Governor's office & mansion 499
Trustees funds invested 62,109,141,155
Archives, Division of - records disposal 702
Corrections, Division of -
Apalachee institution land, Jackson County 393
r/w easement to Department of Transportation
Washington County 629
University of Florida, Light Horse Unit, Marion Co. 525
U.S. Avon Park land 330
U.S. land, Polk County 203
Agriculture & Consumer Services including Division of Foresty
Leon County Road 541
Fort Pierce State Farmers Market, water line easement 106
Polk county Road r/W 138
Power line. City of Tallahassee 299
Tallahassee, City of , Water line easement 430
Cook, Arthur L. - road access, Okaloosa County 8
Electric line easement. Levy County 23
Electric power line, Duval County 176
Florida Gas Trans. Co. - pipeline, Santa Rosa county 445
Gadsden County, parcel to D.O.T. 230
Road R/W, Santa Rosa County 525
Surplus Houses 269
Lease renewed on Marion County land 256
Air & Water Pollution Control Department
Apollo Beach development, Hillsborough county 397-398
Florida Power & Light , dredge, St. Lucie county 193
Indian & Banana Rivers, Brevard county 677
Bureau of Law Enforcement
Electric line easement, Duval county 163
Lease, Duval county 80
Canal Authority
Easements, Marion County 536
Satisfaction of mortgage 646
Central & southern Florida Flood control District, See C
Commissioners of State Institutions
Funds for Capitol center section & repairs 206
Lease to Park Board, Marion County land 256
St. Joseph Peninsula Park 269
St. Petersburg state office building 9,93
State Mental Health Facility, Dade County 31,47
Conservation, Board of. See Natural Resources
Data Processing Management Board 98
Mean High water data 71
- 781 -
Florida Agencies (continued)
Development Conunission
Interagency Advisory Conunittee Report #1 49
Condemnation, Capitol Center lots 440
Division of Land Installment Sales 705
Drainage Commissioners - transferred to Natural Res, 382
Education, Board of
Aerojet - General lease - option 469,480
Broward County land from U.S. 687
Land exchange. Collier County land 659
Dade County land, jet port 90
Dedication, Walton County road R/w 138
Flagler County, land for "Cracker Day" 555
Fields, D.W. - oil lease appl. Hendry County 540,554
Oil lease advertised, Hendry & Collier County 673,674
Hillsborough Junior College site 375
Nellie Swanson Fulk Trust 499
r/w to D. O. T., Levy county 429
Sanford land exchange 557
Santa Rosa Island Authority - land exchange 108
South Florida Junior College, Avon Park, Trustees 80-81
Game & Fresh Water Fish Commission (See Natural Resources)
General Services Department
Agreement, services & rentals, Capitol Center 628,681
Capitol Center old building 595
Capitol Center parking areas 588
Capitol Center Planning Committee: Blood Bank
Property, Leon County 381
Funds for contingencies 533-534
Repairs, Trustees Funds 499
Health & Rehabilitative Services
Bureau Sanitary Engineering, U.S. Navy sewer
outfall, Duval County 452
Division of Corrections, Polk County land transfer 434
Light Horse Unit, Marion County land 525
Interagency Advisory Committee (also see B-Lines) 607
Legal Affairs, Dept. of
Attorney Generals office reorganized 408
Contract sales reconfirmed 657
Mental Retardation
Pinellas County land 356
Sunland Hospital, Tallahassee, Electric line easement 47
St. Joseph Peninsula Park 269
Military Affairs -
lease. Clay County 628
Electric line easement, Volusia County 269
Natural Resources, Dept. of
Aquatic preserves 86
Baskin & Dudley - dredge & fill, Pinellas County 7
Beaches & Shores Bureau, Hallandale Beach restoration234,618
Biological report fee 546
Boca Raton sand trap 247
Brevard SRD parcel 121
Caladesi Corp. - dredge permit, Pinellas County 665
Director of Trustees 148
Game & Fresh Water Fish
Aquatic preserves 86
Boat Ramp 28
- 782
Florida Agencies (continued)
Natural Resources, Department of
Game & Fresh Water Fish commission
Boat ramp & channel. Lake Okeechobee 29
Cen, & Sou. Fla. F.C.D, boat channel, Glades Co. 15
Corbett Wildlife Area - lease. Palm Beach Co. 30
Dredge Lake Parker, Polk County 603
Everglades Wildlife Area lease - Palm Beach Co. 30
Fishing pier 545
Interagency Advisory Committee Report #1 49
Lake McCoy road construction 559,566
Officer arrested. Clay County 407
Oil & Gas lease, Clharlotte county 546
Peace River & Stone Lake, Recreational Areas 417
Suwannee River boat ramp 25
Permit, dredge - Lake County 729
Dixie & Franklin County, navigation aids 582
Drainage commissioners transferred 382
Duval County B-lines, Jacksonville Port Authority 160
Fionds
Funds transferred 732
Survey & Management program 186
U.S.G.S. mapping 216
U.S. Coast & Geodetic agreement 342
Gables By The Sea - Dade County 389-390,416-417
Geology, Division of
Mineral reservations, Brevard County 264
U.S. Co-op agreement 342
Interagency Advisory committee Report #1 49
Jacksonville Port spoil easements 16-17,19-20
Jupiter Island permit deferred 551
Mapping 546-547
Martin county beach nourishment dredge permit withdrawn 558
Mean high water, Miami Beach 629-630
Mean high water report 72
Mexico Beach, solid fill removal, pier 25
Parks & Recreation Division 700
Caladesi island Park 170,269
DeBary Mansion land exchange, Volusia County 47
Dock, Ochlockonee River State Park 103
Dock permit, Martin County 488
Dredge & dock permits - Volusia County 103
Duval County land for park 417
Florida Sunland Park, St. Joseph Penisula 269
Jacksonville Port Authority spoil easement, 646
Jonathan Dickinson Park - Vince Nelson Estate
land exchange, Martin County 196
Lake Jackson Mound Peurk, drainage easement 47
Lease 417
Maxon, L.G. - land donated, Walton county 162
St. Joseph Park, spoil deposit. Gulf County 339
St. Lucie County land for museum & Peurk 256
Sorenson land exchange, Nassau County 341
Walton County, road rA? 138
Water line permit to Hon toon Park, Volusia County 15
Pile markers, Walton County 539
Resolution: Policy 732
St. Lucie county erosion District project 125-126
South Pasadena B-line 562
783
Florida Agencies (continued)
Outdoor Recreational Development Council
Interagency Advisory Committee Report #1 49
Martin county land acquisition 393
Mathaisen, F.J. land reconveyed 67
Recreational area leases 417
Stephen Foster Memorial 19
Outdoor Recreational Planning Committee
Mexico Beach pier. Bay County 24-25
Nelson Estate, Martin County 37
Planning & Budget Commission, loan for Fourth District
Court building 270
Public Safety, Department of. Patrol station, leased
Duval County 80
Regents, Board of
Alachua County land to Alumni Control Board 231
Agricultural extension Service, University of
Florida, road easement 107
Broward county land transfer 687
Florida Atlantic University - easement, Florida
Power & Light company 3
Florida Power & Light Company, easement, Franklin Co. 96
Florida Tech, University, Orange County, Post Office 108
Nellie Swanson Fulk Trust 499
Perini Land & Development - borrow pit, P.B. Co. 68
Reimbursed by Dept. of Transp. 434
Seminole county land exchange 424,430
University of Florida apartments 279
University of Florida lot to Fla. Chi Phi Assoc. 46
University of Florida, Kappa Alpha Assoc, housing 351
University of Florida land, Putnam Co., road R.W. 162
University of S. Florida, Tampa, Post Office 36-37
St. Petersburg Maritime Base, seawall damage 196-197
State Planning, Office of
Interagency Advisory committee Report #1 49
State Purchasing Commission - minutes, printing del. 245
State, Department of
Pensacola Historical Commission 555
Division of Archives, History & Records
Capitol Center old buildings 595
Transportation, Department of
Alachua County University of Florida, parcel for road 195
Alachua County - dedication Rd. 232-A 247
Bay county
High Point Road 344
Dedication rAJ , High Point Road 368
Fill permit, bridge, Hims Bayou 431
Brevard County,
Dedication, easement, S.R. 404 179,495
Dredge, fill, Bennett causeway 247
Dredging for roads 105,115,146
Dredging easements, S.R. 528 104,115,416
Easement, Pineda Causeway 241,668,677,694
Fill permit 730
Newfound Harbor bridge, B-line 405
Parcel to Board of Conservation 121
Temporary borrow easement 678
Temporary dredging easement 178-179
784 -
Florida Agencies (continued)
Transportation, Department of
Clay county
Fill permit 413
State Road 15, B-line 372
rA^ easement 393,546
Collier County, Rd. rA?, Marco Pass 21
Columbia County
Dedication, rA^ rd. 10 36
R/W, SR 136 495
Dade County
Cable Permit 36
Easement SR 828 512
Fill permit 79th St, causeway 467
Fill permit, SR 828 522
r/W easement 383
Desoto county, Rd. RAf dedication 299
Duval County, bridge rA' 219
Esccumbia & Santa Rosa counties - easement 735
Gadsden County - Bridge RAi 599
Gadsden covmty - Forest Service parcel 230
Highlands county
Drainage easement 379,383
Easement, Lake McCoy 567
Hillsborough county. Easement 506,513,615
Holmes & Washington Counties - easement 740
Indian River county - dredge permit, Wabasso 16,105
Leon County
r/w bridge easement 450,599
Interstate 10 easement 512
Levy County - r/w dedication 429
Madison & Suwannee - easement 567
M2LCtin County
SR 714 105
Dredge, Palm City Bridge 444
rA^ easement 487
Monroe county
Amended dredge permit 600
Borrow, dredge, fill, easement 243,306,340,341,467,550
Dredge permit, easement, quitclaim 472
rA^ dedication. New Bridge, Florida Bay 318
Nassau county - Callahan road caunp lease 386
Okaloosa county
Channel 428
Bridge site, Rd. 30 184
Rd. R/W SR 85 495
Palm Beach County
Dredge, Boca Raton 359
Permit for cable 262,627
Soil samples 41
St. Rd. AIA 260
Putnzun County, Bd. of Regents land 434
Releases denied 5
Rd. r/w easement 147-148
rA^ dedication. University of Florida land 162
rA^ dedication, Johns Pass 318
St. Johns county. Borrow pit easement 643
St. Lucie County - dock 429
785 -
Florida Agencies (continued)
Transportation, Department of (continued)
Santa Rosa County -
Dredge channel 234
Fill permit 520
R/w, SR 191 525
Scirasota county, drainage ditch 39
Topographic mapping 547
Trustees review plans 697
Union county, easement, borrow pit 195
Waive reverter in easements 178
Walton County
Corrective dedication 138
Dock 6e boat ramp 613
R/W easement 590,693
Temporary easement, Grayton Peurk 184
Washington county, R,W. easement 629
Trustees internal Improvement Fund (under T)
Florida A & M Hospital, Lease, Leon county 743
Florida Aquaculture Resources Assoc. 425
Florida Audubon Society
Aquatic Preserves 489
Lease Bird island, Lee Cotinty 67
Wildlife lease, Monroe County 68
Florida Bar Association - review attorney bill 361
Florida Chi Phi Association, University of Florida lot 46
Florida Cities Water company - dredge permit 423
Florida East coast Properties - dock, Dade County 468
Florida Gas Transmission - pipe line 34,445
Florida Gas Transmission Co. - easement, Oremge Co. 512
Florida inland Navigation District
Permit, Palm Beach County 741
Sandspur Island release, Dade county 230
Surplus spoil area. Palm Beach county 433
Florida Keys Electric co-op, dredge permit, Monroe Co. 350
Florida Keys Junior College, Stockpile,
Monroe County 336,376,400,412,427
Chajinel, Monroe Co. 507,516-517,574,609
Florida Methodist Children s Home - dock 432
Florida ocean boundaries & sea bed rights 419,426
Florida Power Corp.
Dredge for cable, Pinellas County 316
Dredge permit, power line, Volusia county 15
Easement, Turkey Point, Franklin county 96
Easement, Gadsden County 263
Easement, CcQsle, Pinellas County 229,234,359
Easement, Volusia county 31,220,269
Easement, Wekiwa Springs Peurk 418
Florida Power & Light compzmy
Beurge access channel, St. Lucie county 193
Dade County, B-line 209
Dock, Lee County 339,380
Dredge, czdjle, Brevard County 239,626,652
Dredge, utility cable Broward Co. 472,551,652,696
Utility cable permit. Collier county 124
Utility cable permit, Dade Co. 35,40,385,456,662,671,737
Dredge utility cable, Indian River County 174
Dredge utility cable, Martin County 115,160,215
Dredge utility cable, St. Johns County 680,696
- 786
Florida Power & Light company (continued)
Permit, St. Lucie county 215,731
Utility cable, dredge, Sarasota Co. 79,117,551,696,742
Permits, easements. Palm Beach Co. 3,215,369,551
Easements, cables, Volusia Co. 210-211,328,360,415,681
rA^, Dade County 406
Florida Presbyterian College, dock permit 432
Florida Public utilities, dredge permit. Palm Beach Co. 2
Florida State University Oceanographic Lab -
Electric line, Franklin County 96
Florida Storage & Pipeline Corp. - dredge, Hillsborough Co 456
Florida Stone & Materials - rock mining 640,651,663,674,681
Florida Techical University, Orange County
U.S. Post Office agreement 108
Forrest, H.P. - application, Dade county 708
Fort Lauderdale, city of
B-Line, Broward county 733
Middle River upland owners assert title 25-26
Sewage outfall permit 214
Fort Myers
Legislative grant land, dredge - fill 7
Sewage outfall permit, Lee County 214
Fort Myers Shell & Dredging Co. - artificial reef q
Shell Lease reports 9,80,108,141,147,244,446,689
Fort Pierce
Beach restoration 125
B-lines, S. Causeway & N<. Beach 609
Corrective deed 558
Dredge permit 467,573
Easement, water line 106
Extend dedication provisions 107
Navigation beacons permit 627
Fort Pierce State Farmers Market - easement 106
Fort Walton Beach
Artificial reef permit 115,282
Dock permit 438
Fort Walton Yacht Club - dredge channel 612
Forty-Twenty, Inc. - dredge, Broward County 662
Fossey, R.A. - Islandia; Biscayne Monument 11,292-293,304
Foster, L.L. - Capitol Center property 354,381
Fourth District Court of Appeals building 270
Fowler, W,R« - dredge, Sarasota county 498
Franklin county
Allen Kirkpatrick - channel permit 391
Aquatic preserves 85,135,478,490
Bryant & Tucker - dock permit 424
B-Lines - Interagency Report #3 169
Carrabell Self Service - dredge & dock 392
Florida Power Corp. - easement, Turkey Point 96
Morrison, Harry - dredge channel 374
Navigation aids, Ochlockonee Bay 582
Robinson, N.R. - dredge permit 216
Taff, Clayton; 0. Porter - dredge permit 670
Town Motel & Marina - dredge permit 216
Tucker & Bryant - dock permit 424
U.S. Corps of Engineers - use agreement, MATT System 643
Universal Automatic Marine - dock 432
Varnes, Cecil - Litigation 454
Wcurd, Olctn - oyster watch house permit 505
787
Franklin, L.F. - lease renewed, Monroe county 637
Freeman, G.L. - Dade County, B-Line 209,685
Fresh, James - Dunedin, Caladesi contract 577
Friday, Elmer - Coastal Petroleum hearing 470
Friffor, Wm. A. - disclaimer. Palm Beach County 411
Frogel, Arthur, fill permit. Palm Beach County 348
Frost, G.R. - protest Lake worth application 249,259
Frye, O.E. - "Save Our Lakes" campaign 566
Fryer, George, Biscayne National Monument 292,302,447
Fuentes, ismael - sales, Monroe County 20-21
Fuller, W.P. - interagency report 75
Futch, Charles - Manatee County, B-line 251,272
- G -
G.A.C. Corp. of Pennsylvania 305
Gables - by the - Sea - dredge & fill
Dade county 364-365,371,389-390,416-417
Gadsden County
Department of Transportation, dedication, easement 230,599
Lease, Bear creek Nature Park 417
Florida Power Corp. - easement 263
Peacock, Jack - easement 709
Gaines, D.R. - application & permit, Monroe Co. 414,726
Gainesville, city of
Dedication street extension 60
Drainage, easement, Alachua county 235,701
Power line easement 594
Galahad AptSc - dredge permit, Broward county 184
Gale, ToR. - dredge. Lake County 406
Gallagher, Regis - protest sale, Dade County 557
Gait construction COo - dock, Pinellas County 255,545
Gammon, W.L. - Navigation channel. Bay County 514
Garcia, Armando - islandia application refund 486
Garris, M.B.:
Claughton, E.N. - dredge & fill, Dade County 275
Witz, Leo, sale, Dade County 90,251,312
Gaspeurilla inn - dredge, Lee County 467
Gasparilla island Water Assoc. - permit, Lee Co. 567
Gateway Cable T.V. - dredge, St. Johns County 415
Gautier, E.W.: King & Doan, Inc., dredge channel, Volusia 350
Gautier, J.D.: Worlds beyond - channel dredge,
Monroe county 137,140
Gautier, R.B.: Atlas Terminals - dredge, Dade Co. 212
Gee & Jenson: Arvida Corpo - Boca Raton Dredging 247
Gee & Jenson: Fla. Public Utilities - dredge.
Gas line. Palm Beach county 2
Gee & Jenson: South Lake Worth inlet District,
Dredge permit 327
Geitz, C.F. - dredge permit. Collier County 702
General Development Corp. - channel connections,
St. Lucie county 671
General Development Utilities - dredge, water main 422
General Telephone Company
Dredge permit. Manatee county 473
Dredge for cable, Pinellas County 192,248,736
Cable, Sarasota County 328
788
Gentry, C.A. - dock, Okaloosa county 242
Geology, Division of (see Florida Agencies, Department
of Natural Resources)
Geological Survey water investigation. See U.S. 62
Geophysical Service - survey West Florida 694
Georgia industrial Realty, sale, Duval Co. 443,502,509,535,564
Gerwig, L.P. - dredge channel, Pinellas County 593
Getty Oil Co. - lease assigned 629
Gibbon, Sam - mean high water 76
Gibbons, M.G. - Audubon Society, dedication. Manatee Co 523,632
Lake levels 617
Protest dredging 383,390,397
Gibson, Fritz - Maule industries, rock lease 640
Gibson, R.L. - dredge channel, Putnam County 539
Gilbert, S.B.: Ft. Pierce, extend dedication deed 107,558
Gilchrist County, Bourkard, Russell, log lease 36
Gilliam, M.W.; Florida Power, dredge, cable 316
Glades Correctional institution, cable easement 235
Glades County
Arrington, Harvey - fish caiap lease 637
Beck, T.M. - extend lease 498,540
Borrow pit permit 616
Cen. & Sou. Fla. F.C.D., boat channel & hyacinth barrier 15
Canal r/W & spoil easements 236,357-358,368-369,615
Chamberlain & Beck grazing leases - review 498
Chamberlain, R.D. - lease extension 498,540
Click, J.R. - land sale 631,676,726
Dewell, S.D. - application, land sale 676,724
Hall, M.L. - land exchange 356
Lykes Brothers, grazing lease 22,180,583
Seaboard Railroad - cable dredge permit 146
walker, H.E. - dredge permit 694,709,719
Glass, James T.; Bailey, Glass & Post:
Armat Realty Co. - permit, Monroe County 514
Bailey, Mooney, Post Associates 457
Cable, D.B. - dredge channel, Monroe County 704
Campbell, C.I. - application denied 611
Clark, Wm. S. - application, Monroe County 625
Dallago, Alfred - dredge & fill, Monroe County 695
DeWerff, W.H. - dredge & fill, Monroe County 514
Gaines, D.R. - application, Monroe county 726
Hickman, J.M. - quitclaim, Monroe County 317
McCauley, H.J. - application, Monroe County 610
McCauley, H.T. - application, Monroe County 687
Moretti, J.G, - land exchange, fill 592,649,719
Pakorski, L.B. - dredge permit 551
Post, H.M. - application, Monroe Coimty 625,686
Reinert, R.O. - application, Monroe County 649
Riggs, CD. - denial, Monroe county 494
Shipley, Jerome - dredge & fill, Monroe county 643
So«llner, R.P. - dredge, Monroe County 457
Sunrise Realty Co. - dredge permit, Monroe County 530
Tobi, Elizabeth - dredge & fill permit, Monroe county 710
VanSweringen, W.F. - sale denied, permit 632,741
Wacouta Corp. - application, land exchange 689
Wallard, D.L. - application deferred; penalty 333-334
Zim, H.S. - application, Monroe County 625
Glass, L.S. - U.S. dredge permit, Okaloosa county 268
Glidewell, J.W.: Phillips Petroleum Co. - docks
Dade County 339
789
Glooschenko, W.A. - conservation of resources 77
Godbold, W.E. - refund 517
Golan, A.E. - release, Monroe county 319
Gold, D.D. - release, Indian River County 81
Golden, Albert - dredge, Santa Rosa County 154
Golden Beach - encroachment, sovereignty land 559
Goldberg, Stanley - Sailing club Corp. 639
Goldner, H.W.: Teleprompter Corpo - cable, Pinellas Co. 603
Gonzalez, P.j. - Volusia county land 22
Gordon Brent investment Co, - dredge, Nassau County 308
Gordon's (KLke) Seafood Restaurant - dock 523
Gosser, J. A. - islandia application refund 486
Goteck Investments - dredge, Dade County 153
Gould, Robert, dredge, fill, Dade County 194,295,365
Governor, Also see Trustees - Members
Governor Kirk
Campsites on sovereignty land 425
Coastal Petroleum co. litigation, outside counsel 270
Governor i
Dade County to review lines 333
Fee schedules to be reviewed 424
Junior College site, Tampa 375,418
Manatee County to relocate B-lines 273,280
Scheutz deed restriction, Sarasota Co. sale 404,446
Trustees funds use 588
Trustees review public project plans 697
Governors Natural Resources Council, Lake Swan fill
Putnam County 290
Governor's office & mansion - repairs 498-499,533-534
Gracely, Wm.H.: Marco Towers corrective deed. Collier Co. 412
Graddy, Wm. L.: Groff, W.C. - application, Lee Co. 631
Grafton, Development Corp. - fill, Lee County 307,314
Grafton, Robert - Hall land exchange, Glades Co. 356
Graham, Bessie - refund 309
Graham, E.R. - sale. Citrus Co. 470
Graham (Jack) , inc. - Sarasota lease agreement 440
Gray, Anne - sale denied, Pinellas Co. 395,402,410-411
Gray, Henry & G.M. - capitol center property 598
Great Northern Paper Co. - Jackson Co. land 393
Greater Fort Walton Beach Chamber of Commerce-
Artificial reef 115,382
Greater Miami C!hamber of Commerce - Dade Co., B-Line 209
Green, Art - Protest Biscayne National Monument 293
Green, T.S. - Capitol center property 598
Greenhough, E.R. - dock. Lake County 41
Gregg, Gibson & Gregg - Causeway, Brevard County 677
Dredge, Volusia County 453
Gregory, Donn - disclaimer, Suwannee County 117
Grey, Wm. F. - campsite, Pasco county 660
Grezik, A.J.: Ponce de Leon inlet & Port District 636
Griffis, J.D. - sale. Union county 697
Griff is, R.A. - dock. Collier County 505
Griffity, G.M. & E.W, - dredge. Manatee County 544
Grivas, G.N. - Marina license, Pinellas County 613
Groff, W.C. , B-line, sale, Lee County 344,631,693
Gross, J.M. - dock, Pinellas County 67,141,171
Gross, N.P. - dredge. Bay County 581
Guidelines for aguaculture 418,425
Gulf American Corp.
Aquatic preserve areas 479,489,490
cape Coral - survey 541-542
Dredge & fill 304-305,495,538,573
Gulf Atlantic Oceemographic Research Society - permit 379
- 790 -
Gulf Breeze, city of
Bulkhead line 520
Channel, maintenance, Santa Rosa County 262
Sewer outfall permit, Santa Rosa county 161
Gulf county
Amerada Hess Corp. - dredge permit 391
Aquatic preserves 85,135,490,491-492
B-lines, Interagency Report #3 168
Fla. Sunland Recreation Park 269
Hess oil & chemical - dredge channel 391
port St. Joe Port Authority - mainentance dredging 653
St. Joseph Peninsula Park 269
U.S. Corps of Engineers - mainentance dredging 339
Gulf Marine ways - Pinellas Co., dock & dredge 308
Gulf Power Company - dredge permit, Okaloosa
and Esceunbia Counties 102,544
Gulf Streeun Oil Cc»npany, easement, Jacksonville
Port Authority 176
Gulfstream Plaza - dredge application, palm Beach Co. 150-151
- H -
Hagerty, H.C. - refund 517
Hale, R.V. - Pensacola Port Authority permit 267
Halifauc cable TV - dredge, Volusia county 248
Hall (Duane) & Associates, Christian Se Missioneury
Alliance, channel markers, Lee county 539
Hall (Duane) & Associates, Surveying contract 541-542
Hall, J.L,
Aquatic preserves 128
Interagency report 75
Oakland consolidated - dredge & fill, Brevaurd Co. 218,620
Hall, M.L.
Dredge Navigation channel, Monroe county 487
Land exchange, Glades county 356
Hall, T.G. - dredge material, Volusia County 627
Hallandale Beach Restoration - quitclaim, disclaimer
access easement 458-459,614,618-619
Parker-Dorado Apartments; erosion 507
Seawall line, Broward County 234
Hal lock, H.F. - dock, Pinellas county 368
Hcunilton County
Department of Transportation, Rd. r/w easement 657-658
Stephen Foster Memorial Commission 18
Hammond, Katherine, lauid sale, Lee County 258,312
Hampton, B«L.: Marco island Inn Property; Alger F.
Quest - dredge permit 252
Hampton Homes
Dredge & fill permit, Brevard Co. 45,713,729,738
Refund, Brevard county 743
Hampton, Richard - Manatee County, B-line 273-274
Handwerker, John - protest sale, Dade County 557
Harbor Engineering Company
Hess Oil & Chemical - dredge permit, Duval Co. 156
Seagraves Service Center, dock, Duval county 124
Singleton, Dan - dock & dredge permit 153
Hamilton, Robert - B-line, dredge, fill, Sarasota County 142
791 -
Harbor Haven - dock, Broward county 574
Hardenbergh, N.W, - Lake dredge permit 338
Hcurlee, J. P. - Palmetto dedication 486,523
Heurris, Al, dredge material. Palm Beach county 428
Harris, K.A,: American Agronomics Corp. - permit, Lee Co, 741
Harrison, B.M. - Dunedin, caladesi contract 577
Harrison, G.H. - dredge. Manatee county 544
Harrison, Nathaniel - Capital Center 109,599
Harrison, W.T.: Spalding, R.D. - disclaimer
Sarasota county 439
Hart, W.C. - Technical advisory ccsnmittee 616-617
Harts fie Id, F.D. - Capitol center property 598
Hartman, R.J. -dock. Bay county 254
Haskell, H.G. - land sale, Lee county 258,312
Haskin, H.H.: Mallory, George, B-line, Pinellas Co. 624
Hatchett, C.A. - permit, dredge, Polk County 712
Hathaway, John - protest bridge permit 537
Hearings on aquatic preserves 207
Hebb, M.F, - dredge channel, Pinellas County 654
Hedden, J.A. - dock permit, Pinellas county 317
Hefner, V.L. - sale, dredge, dock, Lee County 282E, 345,374
Heiken, H.L. - M.Do Bridges protest, Brevard Co. 692
Heim, J.A. - Sunset Beach Motel, dock 339
Heiman & Crary: Stuzurt Yacht & Country Club - dredge 366
Heinberg, C.J. - Gulf Breeze dredge permit 262
Hellstrom, R.B. - fill committee 10
Hemispheres Development Corp. - disclaimer, Broward Co. 618
Hemphill, Arthur
Aquatic Preserve 479
Protest mariculture lease 578
Henderson, J.B.: Port Everglades Authority - deepen channel 95
Henderson, Lee - Junior College, Tampa 418
Henderson, W.w. - Trustees loan, court Building
West Palm Beach 270
Hendry County
Big Cypress Seminole Reservation, Oil & Gas lease 727
Cen. & Sou. Fla. F.C.D. - spoil easement 80
Craig Castle oil & Gas, oil & gas lease 673,728
Fields, D.W. - oil lease application 540
Louisiana Land Exploration Co., oil & gas lease 727
Oil lease advertisement 554
Sun oil Co. - oil lease advertisement 673
Henning, F.P. - application, Monroe county 112-113
Dredge, Monroe Co. 92,96,102,116,543
Hernando county, B-lines, Interagency Report #3 168
Herring, Norman - collier -Re ad land 510
Her r on, Norman - collier county, B-line 265
Hess Oil & Chemical (Amerada) , dredge chaimel,
Duval & Gulf counties 157,391
Hess, Whi.F.J. - dredge, Lee County 611
Hewett, E.J.: Thompson, E.B. - disclaimer, Monroe, Co. 106
Heyck, J.C. - oil lease application, collier Co. 42,96
Hickman, J.M. - quitclaim , Monroe County 317
Hidden Harbor Assoc. - channel permit 438
Highlands County
Chcmnel permit. Little & Big Lake Jackson 65
Dept. of Transportation, easements 379,383,559,566,567
Ewing, W.S. - dredge permit 349
792 -
Highlands County (continued)
Highlands County Title & Guaranty Land Co. -
After the fact Lake Grassy dredge 216
Hudeck, Steven, Lake matenal permit 204
Ketzenberger, Darwin - lake perroit 191
Lykes Brothers - lease 22
Maurer, F.W. - dredge permit, canal & material 261
McEnany, E.J. - dredge permit 365
Road construction. Lake McCoy 559,566
Rucker, V.H. - dredge channel 538
Sun 'N Lakes Estates - dredging without permit 121
Sunset Beach Motel - dock 339
Withers & Harshman - dredge permit 103,185
Highlands County Title & Guaranty Co., dredging.
Lake Grassy 121,216
Highsmith, Shilby - Lake Worth Marina 259
Hillsboro Beach - protest Arvida dredging 367
Hillsborough County
Anderson, H.F. - dredge permit 391
Apollo Beach, Dredge & fill 358,383,390,397,407,503
Benton & Company
Anchor Buoy application 553
Agreement modified 545
Board of Regents - University of South Florida,
Post Office 36-37
Bulkhead line - Hillsborough Bay 502
Corrective, Diclonan, Lee, fill extension
358,383,390,397,407,503
Department of Transportation
Easement, S.R. 582 506,513
Easement, Univ. of S. Fla. land 615
Florida Storage & Pipeline - dredge 456
Junior college site; hospital lemd 375,418
Interagency Report #4 197,199
Martin, J.L. - dock permit 454
Murphy Act refund. Real Estate Title Co. 548
Murphy Act Sale 721, 371
Southwest Florida Water District, canal easement 545
Stewart, C.H. - Murphy Act sale 714
Title Ins. Agency of Tampa - refund 118
Hillsborough Junior College site 375,418
Hodges, Randolph
Aquatic preserves 4,127,477
Director of Trustees salary 148,197
Gulf American Corp. - dredge violations 304-305
Interagency Advisory Committee, B-Lines 49
Interagency Committee 607
Manatee County Bishops Harbor - B-line 272,281
St. Lucie County Erosion District 126
South Pasadena B-line, Pinellas County 562
Wilson land application. Levy County 355
Hodnett, J.V. - dredge permit, Pasco County 154
Hoffman, C.T. - dredge, Santa Rosa County 253,662
Hoffman, R.P. - dock, Pinellas County 176
Holiday Inn - dredge, fill, Lee county 7
Holiday Isle - dredge, Monroe County 96
Holiday Out of America - sale, dredge,
St. Lucie county 266,334,359,569
793 -
Hollander, Lawrence i.: Runaway Bay Club dock permit
Hollinger, Pick - protest aquatic preserve. Gulf Co.
Holmes County, Dept. of Trans. - easement
Holzer, O.A. - release reservations
Homestead Air Force Base helicopter pad, Dade County
Homestead Chamber of commerce - Dade County, B-Line
Hone, V.J.
Aquatic preserve
Protest sale, Lee County
Honeymoon Isle Development Corp., contract, 529-530,576,
Hopper dredge easement - Lee County
Houck, j.H. - lake material. Orange County
Houdaille - Duval-Wright, dredge permits 504,
Houten, J.V. - quitclaim deed, Volusia County
Howard, S.V. - Cedar Lane Development, refund
Howe, A.C. - navigation channel, Walton County
Hubbard, F.K. - dock, dredge, Escambia County
Hudeck, Steven - lake material. Highlands County
Hudson Beach dredge & fill, Pasco County
Hudson, J.L. - Lee County B-Line
Hudson Marina - dock, Okaloosa County
Hunt, George - dredge material, Pinellas County
Hunter, Duncan - dredge channel, Monroe County
Hunter, O.B, - sale, Brevard County
Huntoon, George - Collier County, B-line
Hurrican Camille damage. West Florida
Hutcheon Engineers, Inc:
Casa Development Co. - fill. Palm Beach County
Frogel, Arthur - fill permit. Palm Beach County
Town of Palm Beach
Hutches, Robert - Manatee County, B-Line
Hyder, C.B. - dredge channel, Polk County
62
479
740
263
263
209
479
511
665,682
616
399,429
652,678
536
396
604
277,315
204
384
144
222
531
514
6
265
458,554
226
348
76
273,274
157
- I -
Icard, O.R. - application. Manatee County 709
Ikeguchi, Joseph - Akima dredge permit. Bay County 314
Imler Earthmovers - dredge permit, Duval County 504
Immormino, Florence - disclaimer. Palm Beach County 298
Indelicate & Affronte - corrective deed, Dade County 430
Indian River County
Aquatic preserve 128,488
Afam Island Corp. - exchange. Corrective deed 650
Caudebec, Inc. - quitclaim 402,412
Dept. of Trans., dredge & R/w, Wabasso Bridge 16,105
Florida Power & Light Co. - dredge permit 174
Gold, White, & Vann - release 81
Indian River Farms Drainage - land sale 394
Indian River Shores - B-line review 455
Interagency Report #4 197,199
Koogler, F.F. - corrective deed 42
Lost Tree village Corp. - dredge & fill 455-456
McKinnon, C.R. - disclaimer 243
Moorings Development Co. - dredge & channel markers 191,569
Oslo Packing Co. - disclaimer 668,676
Sebastian inlet District, easements 305,643
Southern Bell T. & T. - permits 646^710
Tackett Construction Co - dredge canal 298
Vero Beach, City of - release deed clause 223
Wilderness Area, Pelican refuge 650
794 -
Indian River Farms Drainage Dist. - land sale 394
Indian River Minerals - maintenance dredging, St, Lucie Co. 614
Indian River Shores, Town of - B-line review 455
Indian Rocks Beach - beach restoration 216,330
Indian Springs, Inc. - dredge, Okaloosa County 720
ingersall, George - Lake Worth Marina 259
Inland Groves Corp., CM. Pool, lake material. Lake Co. 120,185
Interagency Advisory Committee
Submerged land management 82,607-608
B-lines 14,99,325
Edelphi Builders, fill permit. Palm Beach County 24
Jacksonville, B-line 626
Laurel Court, City of Stuart, Martin County 258
Manatee County - bulkhead lines 272-274,280
Report #1, B-lines 48-56,73-78,175
Report #2, Aquatic preserves 85-87,124,127-137,139,477,488
Report #3, B-lines 166-169,175
Report #4, B-lines 197
Report on local action 342-343
Response to recommendations 225-226
Trustees funds 300
Trustees rely on reports 370
Vacation Time; Holiday Inn, Dredge, Lee County 8
Interama Authority - Dade County land 419,579-580
International Oceanographic Corp., lease
Levy County 658-659,717,736,740
Interpace Corp. - dredge, Nassau County 670
Permit deferred 620
Investors Development Corp., fill, Pinellas Co. 602,640
Islandia
Applications closed; refunds, Dade County 217,485
Biscayne Monument, resolution 320
Litigation 407-408,584
Obligations 11
Owners in Biscayne Monument area 337,408
Pending purchase applications 465
Protest Biscayne National Monument 293,301
Itvenus, inc. - dock permit. Palm Beach County 170-171
Izaak Walton League 74
Biscayne National Monument 11, 293
- J -
J. Morgan Jones, sale, Monroe County 21,63
J.N. "Ding" Darling Wildlife Sanctuary 195-196,255,286-287
Jack Graham - Sarasota lease agreement 440
Jackson County, Apalachee Correctional Institution 393
Jackson, H.M. - dredge channel, Monroe County 472
Jacksonville, City of
B-lines 443,528,626
B-line dedication 14,60
Dock permits 66,703
Fill permit, Duval County 66
Lease boat ramp 341
Maintenance dredging 661
Mayport Boat Ramp 453
Permits, water main 252,437
- 795
Jacksonville Electric Authority
Dredge channel 614
Easement, Duval County 163,172,176-177
Jacksonville Port Authority
Application, Duval County 396
"Back River" 623
Bulkhead line, spoil 144-146,160,210
Clear title, Duval County land 436
Dredge & fill permits 249-250,397,422,538
Easements, dedication
16-17, 19-20, 21-22, 31, 149-150, 176, 178, 210, 236, 559, 646
Maintenance dredging 703
Plans discussed 461
Sale, dredge, fill, dock - Duval County 436-437
Spoil easements, B-line, easements, pipeline, etc.,
Kennelly, F. Bradley: 16-7, 21-2, 144-6, 149-0, 176, 178, 210, 236
Jacksonville Shipyards - dredge, Duval County 662
Jacobs, J.C. -
Mean high water, Monroe County 75
Summerland Key Cove - sale price 527
Toppino, P.C, - bid on stockpile, Monroe County 336
Jakse, James - navigation channel, POlk County 479
James, G.A. - refund fee, Monroe County 480
James, Loretta - Carmicheal dock, Okaloosa County 254
Jefferson County
B-lines, Interagency report #3 168
Laird, Carter, Wyke - land sale 288
Oder, J.S. - land sale 237
R/W easement, Dept. of Trans. 147-148,658
Jenard M. Gross Co. - dock, Pinellas County 141
Jenkins & Williams - refund 517
Jet Port Site 547
Jewett, E.H. - land sale, Lee County 258,312
Jockey Club
Appraisal, sale, Dade Co. 90,266,333,361
Permits, Dade County 92,373,374,737
John Aragona Enterprises - land sale. Palm Beach Co 211,219,251
Johnson, A.L. - dock, Pinellas County 505
Johnson, B.G: International Oceanographic Corp.,
Aquaculture lease 658,736
Johnson, C.E.
Surveying 195-196,541,542
Tringali Packing Corp. - dock, Lee County 62
Johnson, D.W. - disclaimer, Monroe County 277
Johnson, Hughes - dredge, navigation channel. Citrus Co. 661
Johnson, L.E.:
Red Bud Land Co. - dredge & fill, Lee County 307
Vacation Time - dredge & fill, Lee county 568
Johnson, O.P,: Temple Baptist Bldg. Assoc. - sale 610,648,668
Johnson, R.G. - Lindrose, Florence, Corrective deed 566
Johnson, Rex- fill permit. Palm Beach County 422
Johnson, R.M.:, Lucci, M.M. - application, Sarasota Co. 347,632
Johnson, R.C. - objects. Lake Worth Marina 260
Jonathan Dickinson State Park -
Land Exchange ' 196,286
Martin county 506
Jones, B.G. - B-line, dredge, St. Lucie County 282,515
Jones, Clayton - Everglades Fisheries dock 662
796 -
Jones, H.N. - conveyance, Volusia County 256
Jones, K.R. - campsite, Pasco County 660
Jones, W.E,, Rimer sburg Coal Co. - dredge 660
Judy, R.H. - Dade Port Authority, easement 594
Julian, N.N.: First Baptist Church, disclaimer 622
Junior College site, Hillsborough County 375,418
Junior College at Avon Park - Trustees funds 419
Jupiter Inlet - permit. Palm Beach County 741
Jupiter Inlet District- Navigational aids 594
Jupiter Island, Town of
Beach nourishment 570,679
Permit deferred 551
Justiss, R.G. - sale, Alachua County 271
- K -
Kahn, J.L. - dredge swim area, Santa Rosa County 612
Kaiser Gypsum Co. - dredge, Duval County 652
Kappa Alpha Association - housing. University of Fla. 351
Kausch, R.E. - painting Elliot Building 32
Keating, P.P.: Carrabelle Self-service Corp. - dredge
and dock 392
Keller, Granville W. - dock & dredging, Lee Co. 350,365
Kelly Boat Services - dock permit 574
Kelley, C.A. - land sale, Sumter County 705
Kelly, C.L. - dredge channel, Okaloosa County 428
Kelly Enterprises - dredge channel, Okaloosa Co. 428
Kemp, J.S. - dredge, Monroe County 514
Kemp, William - dredge channel, Monroe County 453
Ken Mar Enterprises - dock permit 117
Kennedy, et al, vs Kirk, et al, Pinellas County 404
Kenney, Salomon: Morgan & Cohen dredge permit, Dade Co. 212
Keough, E.M. - disclaimer. Palm Beach Co. 395,402,411
Kertz, Jack - Bud 'N Mary's Marina, Monroe Co. 146-147
Kertz, J. P. - Aquatic preserve. Palm Beach Co. 128
Kesler, Joseph - land exchange, Volusia Co. 47
Kesselring, C.E. - dredge material, sale,
Charlotte County 261,275,345,620
Kessler, Melvyn - land agreement, Dade Co. 572
Ketzenberger, Darwin - lake permit. Highlands Co. 191
Key Biscayne erosion control 284
Key Biscayne Golf Course - permit 629,633
Key Biscayne Yacht Club, land sale,
Dade County 420-421,463,556-557,723
Key Colony Beach - sewer permit, Monroe Co. 102
Key Royale, dredge & fill. Manatee Co. 307,313
Keystone Heights meeting on lakes 441
Key West, City of
Release covenants 319
Release, Smathers Beach 583,590,615
Terminate dedication 537
Key West Naval Air Station - dredge 600
Kibler, D.B. - Univ. of Fla. Apartments 279
Kickliter, G.K.: Lane, G.W. - duplicate deed,
Pinellas County 386
797
Kidd, Vftn.R.
Mean High Water Committee 57
Technical Advisory Committee 617
King & Doan - dredge channel, Volusia County 350
King, George
Brevard County swamp land dedication 113
Pineda, B-line, Brevard County 113
King, G.J.: Henning, F.P. - rock dredging, Monroe Co. 116
Kinsey, R.E.: Zimmer, H.W. - quitclaim, Volusia County 107
Kirby, M.F. - lease, refund ordered 376
Kirk, Claude R., Jr. - Governor
Aerojet - General lease option 481
Biscayne National Monument 292,301-303
Litigation, St. Johns County 206
Nominates director, James W. Apthorp 381
Nominates director, Ney C. Landrum 354,363
Scheutz deed restriction 190,346
Kirkpatrick (Allan) & Co. - channel permit 391
Kisinger, A.F.: Schoenfeld, F.K. - dredge. Citrus Co. 530
Kislak, J.I. - sale, Dade County 591,638
Kittredge, CD. - appl. payment 3 times value; Orange Co. 388-9
Kiwanis Island B-line 87,94
Klose, A.G. - campsite lease, Dade County 309
Klys, Wm.J. - dredge channel, Monroe County 474
Knight, E.B.: Key West & A.E. Golan - releases 319
Knight (S.N.) & Sons - agricultural lease 30,637
Lease assigned. Palm Beach County 278
Sublease to P.S.B. Ranch 230
Knistern, C.B. - Islandia application refund 486
Knox, G.H. - dock, Okaloosa County 712
Kobacker, J.M. - channel, Santa Rosa County 429
Kofmehl, Charles - sale. Citrus County 395,402,410
Kohler, Walter - dredge permit. Palm Beach Co. 253
Koogler, F.F. - Indian River County deed 42,650
Koperski, J.J. - Jacksonville Harbor deepening 146
Koppen, R.A. - corrective deed, Dade County 331
Korman, L.W. - campsite lease, Pasco County 660
Kramm, August - sale, Brevard County 6
Krauss, E.J. - dock, Pinellas County 46
Kreis, Hazen - bridge permit, Charlotte County 537
Krome, W.H. - Islandia application refund 486
Kuperberg, Joel - nature conservancy dedication 510
- L -
L. & A. Contracting Co., navigation channel, Okaloosa Co. 428
LaCosta Brava Apts . - dock, Pinellas County 532
Lafayette County
Bourkard, Russell - log lease 36
Fla. Game & Fish Commission boat ramp 25
Lainhard, D.C. - Palm Beach County land 23
Lainhart, George - dredge channel. Palm Beach County 240
Laird, Angus - sale, Jefferson County 288
Lake County
Astor Forest Campsites - dredge permit 179
Astor Park Water Assoc. - dredge permit 645
Beebe, D.G. - lake material permit 61
- 798 -
Lake County (continued)
Champion, T.B. - lake permit 295
Gale, T.R. - dredge permit 406
Game & Fish Commission - fishing pier, dredge 545,729
Greenhough, E.R. - dock permit 41
Inland Groves Corp., CM. Pool, lake material 120
Inland Groves Corp., lake material 185
Morse, H.G. - lake material 431
Pennington, R.E. - dredge channel 297
Russell, L.W. - dock 222
Tavares, City of - wayside park 330
Whitney, R.B. - dredged material 473
Whitney, R.B. - lake material 379
Lake Jackson Mound Park - drainage easement 47
Lakeland, City of
Dedicate Lake Parker land 351
Dredge & fill. Lake Parker 350
Lake Park, Town of - maintenance dredge, dock 689,690
Lake Region Citizens - Lake Geneva, Clay County 441
Lakes
Advisory Committee on Fresh Water Lakes 724
Advisory Committee - original high water levels 616
Clay, Highlands, Counties - drainage, D.P.O.T. 383
Conway, Orange Counties - reclaimed land sale 388-389
Crooker, Polk Co. - S.H. Chelsted permit 248
Dinner Lake, Highlands Co. - Withers & Harshman permit 185
Doctors Lake, Clay Co., B-line 608
Eustis, Lake Co. - H.G. Morse Permit 431
Geneva, Bradford Co. - Hardenbergh permit 338
Geneva, Clay Co.
Baker, W.E., report on lakes 441
Illegal fill 407
George, Marion Co. - F.J. Albright permit 66
Gertrude, Lake Co. -
Champion, T.B. permit 295
Gale, T.R. - permit 402
Whitney, R.B. - permit 379
Gibson, Polk Co. - C.B. Hyder, channel 157
Grassy, Highlands Co.
After-the-fact permit 216
Ketzenberger permit 191
Sun "N Lakes dredging 121
Hartridge, Polk Co. - dredge channel 479
Prothero, F.R. permit 204
Hicpochee, Glades Co. - borrow area 616
Hoi ling sworth, Polk Co. - R.A. Bronson channel 385
Information 619
Istokpoga, Highlands Co. - W.S. Ewing canal 349
Rucker, V.H. - channel 538
Jackson, Highlands Co. - channel 65
June-in-winter, Highlands Co.
Drainage, Department of Transportation 383
S. Hudeck permit 204
Ker, Marion Co. - Crosby, W.P. Canals 391
Laye, John, canal 385
Marion, Polk Co. - C.E. Uhls permit 654
McCoy, L. - Highlands Co. - road 559,566
Minnehaha, Lake Co. -
Beebe, D.G. - permit 61
inland Groves appl.; moratorium 120,185
- 799 -
Lakes (continued)
Okeechobee, Glades Co,
Cen. & Sou. Fla. F.C.D - boat channel 15
Coastal Petroleum Co. mining 270
Ola, Orange Co.
Estey, W.S. - permit 253
Houck, J.H. - permit 399
Panasoffkee, Sumter Co. - P.F. Murray, Boat storage 161
Parker, Polk Co.
Game & Fish Commission 603
Lakeland, dredge & fill 350
Policy - applications in public interest 713
Reclaimed lake bottom sales 564
Resolution - no B-lines nor permits 566-567
Rosalie, Polk Co. - maintenance dredging 175
"Save Florida's Lakes" 566-567,575-576,581,585-586
Streety, Polk Co. - J.R. Paul deferred 116
J.H. Wardlaw permit 45
Swan, Putnam Co. - Carnes, C.C., fill 275,290,317,531-532
Tarpon, Pinellas Co. - R/W easement 550
Tohopekaliga
Reclaimed land 610-611
Osceola Co. park, channel 475
Weir, Marion Co. - boat ramp 28
Lake Worth, City of
Disclaimer, Palm Beach County 411
Dredge & fill, application 150-151,249,259
Permit application withdrawn 220
Protests, filling 475-476
Sewer line easement 268
Lake Worth Inlet - maintenance St beach noruishment 575
Lake Wyman Park, Palm Beach County 433
Lammi, H.A. - disclaimer. Palm Beach County 411
Lanahan, D.J. - Jacksonville Port Authority plans 461
Landrum, Ney C. - director 363,381
Lands: Sale, conveyance, transfer, exchange, disclaimers
Advnace agenca - 2 weeks prior to regular agenda 101
Aerojet - General lease option to purchase 469,480
Alachua & Oscola Co. - Murphy Act 547
Apalachee institution land, Jackson Co. 393
Appraisals up to date 89
Aquatic preserves resolution 85-87
Beach, Bernard M. - conveyance, Volusia Co. 44
Bell, J.J. - Monroe County 442
Bewerse R.A. - refund, Brevard Co, 402,410
Biscayne National Monument, Dade Co, 11
Boca Raton, City - Murphy Act land 596
Bonebrake, H, P, - Monroe County 442
Broward County commission - U,S. land 687
Captiva Islands Co. - Lee Co. 510-511
Central & Southern Fla. Flood Control Disctict
Reclaimed land deed 106
Lots, Okeechobee County 615
Chaddock, R.E. - Volusia County land 642
Charlotte County - dedication, fill 89-90
Click, J.R. - Glades County 726
Cocoa, City of - dedication 550,571
Collier-Read Co. - Collier County land 448,509-510
Conservation, Board - use SRD parcel, Brevard Co. 121
Consider other factors 698
800
541
650
688
649
621
576
638
60
90,547
579-580
38-39
724
434
294
535
704
650
659
Lands (continued)
Conveyance 253.12 (6) - Fee $100.00
Conveyed to Board
Indian River Co. - Afara Island Corp.
Manatee County - City of Bradenton
Monroe County - J.G. Moretti
Pasco County - Swartsel Properties, Inc.
Pinellas County - Caladesi Corp.
Courtelis & Kislak - Dade County land
Cox, Vinal D. - convey, Volusia County
Dade County Port Authority - Jet Port
Dade County, Interama
Denbury, Mark - sale denied, Monroe County
Dewell, S.D. - application, Glades County
Division of Corrections - Polk Co, land transfer
DiVosta Rentals, inc. - Palm Beach County
Drost, Vincent M. - sale, Monroe County
Encroachments reported
Exchanges
Afam, Bd. of Education, Collier-Read, Moretti, Sapp,etc
Afam Is. Corp. - Indian River County
Board of Education - Collier County land
Board of Education & City of Sanford, Seminole Co. 557-558
Collier-Read Co. - Collier County land 449,509-510
Hall, M.L. - Glades County 356
Jonathan Dickinson Park, Martin County 196,286
Moretti, J.G. - exchange, Monroe County 649
Nelson, V.T., Martin County 196,286
Park Board - Ben Sorenson land, Nassau County 341
Reserved mineral interest, Martin County 37
Santa Rosa Island Authority, State Bd. of Education 108
Sapp,j.H. - boundary agreement, Pinellas County 650
Swartsel Properties - land exchange, Pasco County 621
Filled, see disclaimers
Fuentes, Ismael - Monroe County 20,21
Georgia Industrial Realty Co. - Duval County 564
Graham, E.R. - Citrus County 470
Gonzalez, P.J. - Volusia County conveyance 22
Gould, Robert - Dade County 365
Griffis, J.D. - Union County 697
Groff, W.C. - filled land, Lee County 693
Hammond, Katherine - Lee County 312
Haskell, H.G. - Lee County 312
Hefner, V.L. - Lee County land 345
Hillsborough County - Murphy Act land 617
Hillsborough Junior College site 418
Holiday Out of America - St. Lucie County 334
Hunter; Dollan; Kramm - Brevard County filled land 6
Immormino, Florence - Palm Beach County 298
Indian River Farms 394
Jacksonville Port Authority, Duval County 436
Jacksonville Zoological Park & Marina 60
Jefferson County, Murphy Act land 288
Jewett, E.H. - Lee County 312
Jockey Club - Dade County 362
John Aragona Enterprises - Palm Beach County 211,251
Jones, H.N. - Conveyance - Volusia County 256
J. Morgan Jones Publications - Monroe County 63
- 801
Lands (continued)
Kesselring, C.E. - Charlotte County 345
Key Biscayne Yacht Club - Dade County 723
Kofmehl, Charles - Citrus County 402,410
Lake Bottoms, reclaimed; original high water 615
Lash, F.L. - sale denied. Palm Beach County 571-572
Laurel Count, Inc. - Martin County 258
Leftwich, L.M. - conveyance, Volusia County 59-60
Lucci, M.M. - house on pilings, Sarasota County 693
Management & use plan needed 706
Marsh, H.W. - Lee County land 638
Marsh land withdrawn, Duval County 480
Mathaisen, F.J. - Putnam County 67
Matthews, J.R. - denial, Monroe County 94
Maxon, L.G. - park land, Walton County 162
Miller, W.M. - Lee County 312,521
Monroe County - transfer, 717
Moore, John - denial. Palm Beach County 590
Moratorium removed - 9 counties in Report #1 74
Murphy Act lands - see weekly reports 271
Naples Yacht Club - Collier County 549
Nassau County Murphy Act land withdrawn 462
Oder, J.S. - Jefferson County 237
Osceola County - Murphy Act land 560
Outdoor Recreation Development Council, Martin Co. 393
Oviedo, City - Seminole County, Murphy Act land 183
Papy, B.C. - fill, contract, boundary 37
Parker, F.L. - refund 122
Paynter, A.J. - sale denied 591
Pensacola & Georgia Railroad, disclaimer, Suwannee Co. 117
Poussaz, P.M. - quitclaim, filled land 466
Powers, L.M. - Dade County 60
Purcell, E.M. - Citrus County 388
Randolph, Blanche - Alachua County 596
Recreation & Parks Division, Abby-Hanna Park, Duval Co. 417
Roberts, R.F.; Harris, L.D. - Brevard County 740
S.P.J., Inc. - Dade County 388
St. Augustine Beach South - St. Johns County 572
St. Johns County - Murphy Act sale 343
St. Lucie County land to Park Board 256
St. Petersburg state office building 9
Sale only in the public interest 699, 706-707
Sale proceeds 25% to state School Trust Fund 460-461
Sale rules amended 188
Sarasota Bank & Trust Co. - filled land 229
Sawtooth sales policy - Monroe County 38-39
Scheutz, Per A.O. - deed restriction 88,190,403-404
Sheley, D.F. - Monroe County 20
Southern Baptist Hospital, Duval County 701
Stamos, George & E.J. - Dade County 734
Stewart, C.R.; J.C. Robinson - Orange County 708
Summer land Key Cove, Inc. - fill, Monroe County 123
Sunset Realty - Lee County 521
Swamp land selection, Duval County 466
T.B. Hospital land for Hillsborough Junior College 376
Tample Baptist Assoc. - Osceola County 676
Thomas, E.D. - sale denied 707
Thompson, Karl O. - refund, Monroe County 95
Tierra Verde school site 196
- 802
Lands (continued)
Trespass, filling - penalties 334
U.S., NASA - dedication , Brevard County 5 29
U.S. Navy - Key West Naval Station 409,648
Wall, L.E. - reconfirm, Volusia County 246
Wedgewood Enterprises - sale not confirmed, Brev. Co. 332
Weisenberger, Lillian - Martin County 211,355
Wilson, John P. A. - dredge, fill. Levy County 426
Witz, Leo - Dade County 251,312
Yonge, J.E. - sale denied. Clay County 449
Young, J.D. - Monroe County 95
Zanglein, Henrietta - sale denied, Monroe County 39
Zim, H.S. - Monroe County 675
Zinn, Herman - Monroe County 43-44
Land, G.W. - duplicate deed, Pinellas County 386
Lantana, Town of. Continental Con., Duval Co. -dredge 124-125
Larson, C.I. - dredge. Lake Tarpon, Pinellas County 438
Lash, F.L. - application. Palm Beach Co, 91,528,571-572
Latham, E.H. 74
Lauderdale-by-the-Sea, Erosion prevention 420,443
Laurel Court, land sale, Martin Courity 245,258
Lawrence, R.A. - release denied 493
Laye, John - dredge canal, Marion County 385
Layfield, M.S. - corrective deed. Palm Beach County 558
Layton, City of - dredge basin, Monroe County 530
Layton, D.L. - dredge permit 215,220,530
Leases
Agriculture
Federal Land Bank of Columbia, Palm Beach, County 278
Knight (S.N.) & Sons - Palm Beach Co. 29-30,230,278,637
P.S.B. Ranch, Inc. - Palm Beach County 230
Seminole Sugar Corp - Knight & Sons sublease 637
W.P.M. Inc., - Palm Beach County 278
Aquaculture, Mariculture
Akima international Shrimp, Bay Co. 42,285,299-300
Guidelines adopted 418,425
International Oceanographic Corp. - Oysters
Levy county 658-659,717,735,740
Marifarms, Inc. - Bay Co. 459,513,578-579
Campsites
Bellamy & Ruggles, Dade County 309
Biscayne Bay offshore, "Stiltsville" 222
Magers, M.R. - Dade County 425
Nine private offshore campsites, Pasco Co. 660
Policy, offshore campsites 641
Putnam County, offshore - deferred 532-533
Sraalley, H.E. - Dade Co. 709
Sovereignty land 425
Williams, Connie Lee - Pasco Co. 729
Fish Camps
Arrington, Harvey - assigned, Glades County 537
Franklin, L.F. - Monroe County 537
Grazing
Beck, T.M. - Glades County 498,540
Chamberlain, R.D. - extension 498,540
Davis, Glen - renew, Okeechobee County 352
Lykes Brothers, Glades County 22,180,583
Oyster Shell Lease Income Reports
9,42, 80, 108, 141, 147, 180, 197, 230, 244, 277, 320, 445, 480, 5 29,558
615,521,659,589,720
803
Leases (continued)
Oil and Gas Drilling
Advertisement for bids, Hendry County 554
Big Cypress Seminole Reservation, Hendry County 727
Cecil Webb Wildlife Area - Charlotte County 546
coastal Petroleum Company 186,270,310-311,321-323
Craig Castle, Hendry County land 673,728
Deferred, sealed bids held 739
Fields, D.W. - application, Hendry County 540
Getty Oil Co. - assignment 629
Heyck, J.C. - application. Collier County 42,96
Indian lands, Broward County 690
Louisiana Land & Expl. - Hendry County 672,727
Merry vs. Trustees - refund ordered 376
Mobil Oil Corp. - Lee County 171,210
New forms prepared 674
Phillips Petroleum Co. - advertise. Collier Co. 674
St. Mary de Galvez Corp. - Santa Rosa County 9
Sun Oil Co. - Collier County 2-3,673
Young, Anderson, Beall - Santa Rosa Co. 9,17,285
Rock Mining - Dade Co. 583,595,605,640,651,663,674,681
Sand
Allied Electric Co., J.F. Thomson - Monroe Co. 319
Des Rocher Sand Co. - extenstion 540,623
Shell
Auditing oyster shell leases 480
Benton & Co. - Pinellas & Hillsborough Co. 545
See Conservation Board reports of income
Wildlife Refuge
Florida Audubon Society - Bird Island, Lee Co. 67
Snipe & Content Keys, Monroe County 68
Miscellaneous
Aerojet-General, Lease option 450-451,469,480-482
Armory Board, Dept. Milliatry Affairs, Clay Co. 628
Board of Education, Light Horse Unit, Marion Co. 525
Bourkard, Russell - Suwannee River logs 36
Bureau Law Enforcement - Patrol Station, Duval Co, 80
Corbett (J.W.) Wildlife Area, Palm Beach county 30
Division Recreation & Parks, Dept. Natural Resources 417
Elmore, David - Logs, Dixie & Levy Counties 172
Everglades Wildlife Management - Palm Beach Co. 30
Federal Aviation Administration - radio reciever, Dade 278
Tallahassee, City of - Leon County 743
Florida Board of Forestry - Marion County land 256
Jacksonville, City - boat ramp 341
Policy: In the public interest 707
Policy: June 2 - resolution 732
Sarasota, City of - agreement amended 440
Sudbrink, R.W. (Mission East Co.), Radio towers 445
Taylor Creek Fish & Hunting Lodge - assignment,
Okeechobee County 203
University of Florida Foundation - apartment,
Alachua County 279
Varnes, Cecil - Litigation, Franklin County 454
Ward, Olan - oyster watch house permit 505
Lee County
American Agronomics Corp - permit 741
Applications held up for b-line relocations 347
804 -
Lee County (continued)
Aquatic preserve 86
Cape Haze, Caspar ilia Sound 489-490
Matlacha Pass, Pine Island Sound 136,144,489-490
Barnes, J.c. - dredge & fill permits 298
Bridge R/w, Hancock Creek 583
Bulkhead Lines
Boca Grande Bayou 224,238
Four Mile Cove 239
Gasparila island 190,224
Interagency Report 54-55,335
Matlacha Pass 140,144
Pine Island Sound, Captive Island 28
Review 551
Walter C. Groff 344
West Shore Pine Island 589
Captive Island Co., sale, permit 448,510-511,574
Carl E. Johnson, inc. - survey "Ding" Darling
Sanctuary 195-196
Christian & Missionary Alliance - dock permit 539
Clark, W.O. - permit, seawall 710
Coleman, T.C. - dredge permit 191
Cornu, Andre - application withdrawn 610,667
Dept. of the Army Coastal Engineering Research
Center, dock permit 720
Engelhard, Jane - navigation channel dredge 473
Florida Audubon Society - lease Bird Island 67
Florida Cities Water Co. - dredge permit 423
Florida Power & Light Co. - dock permits 339,380
Fort Myers, City of
Land grant 7
Sewage outfall permit 214
Fort Myers Shell & Dredging Co. - artificial reef 8
Gasparilla Inn, Inc. - dredge permit 467
Gasparilla Island Water Assoc. - permit 568
Grafton Development Corp. - fill permit 307,314
Groff, W.C. - sale, filled land 631,693
Gulf American Corp.
Dredge & fill violations 304-305
Dredge permit 495,538
Permit cancelled 573
Hammond, Katherine - application 258,312
Haskell, H.G. - land sale 258,312
Hefner, V.L. - land sale, permit 282,345,374
Hess, Wm. F.J. - dredge permit 611
Holiday Inn - Dredge - fill permit 7
Hopper dredge easement 616
J.N. "Ding" Darling Wildlife Sanctuary 195-196,255,286-287
Jewett, E.H. - land sale 258,312
Keller, G.W. - dock 350,365
Lee County Electric Corp. - permit, easement 339,600,701
Marsh, H.W. - land sale 542,590,638
Mean high water study 57,71
Miller, W.M. - sale permit 258,312,347,467,471,521
Mobil Oil Corp. - drilling lease 171,210
Niper, J.G. - fill permit 488
Protein Products Corp. - dredge permit 468
Red Bud Land Co. - dredge & fill 307
805
Lee County (continued)
South Seas Plantation - channel markers permit 574
Sunny Groves Mobile Homes - dredge permit 327
Sunset Realty Corp.
Dredge channel 228,235
Land sale & fill permit 335,471,521
Thorne, L.K. - deed deferred 740
Tringali Packing Corp. - docks 62
U.S. Corps of Engineers - test piles permit 582
United Telephone Co. - dredge, cable 305
Vacation Time, Inc. - dredge & fill 7,568
W. 5e H Waterways - dredge permit 695
Wanzenberg, F.W. - core borings 669
West Valley Estates - permit deferred 495,551
Zacharias, Frederick - dredge permit 661
Lee County Bank - outdoor recreation land, Martin Co. 393
Lee County Conservation Assoc. - W.H. Meller & R.Q. Roberts 74
Lee County Electric Cooperative, Inc. - power line,
dredge & fill access road, easement 339,600,701
Lee, J.C. - dock, Palm Beach County 533
Lee (Robert E.) & Co. - dredge &. fill,
Hillsborough Co. 358,383,390,397,407,503
Lee, Terry C.
State Office Building, St. Petersburg 93
Trustees loan for Fourth District Court Building 270
Lee, W. Sperry: Wedgewood Enterprises, Brevard Co. 267,332
Leeco Gas & Oil Co. - dock, Pinellas Co. 117,392
Leftwich, L.M. - conveyance, Volusia Co. 59-60
Legi^ation 288,606,628,636
Aquaculture, Ch. 69-46 418,425,459,578
Prevent pollution, St. Johns River 621
Legislative Subcommittee on B-lines 100-101
Legislative Subcommittee on fresh water management 78
Legislative Subcommitte on state oil & mineral lands 78
Legislature, Resolution re Honeymoon Island 666,682
Leisure Colony Management Corp. - disclaimer 618
Lemelman, David - duplicate deed Monroe Co. 197
Leon County
Circuit Court - Summerland Key Cove 525
County Commission - road easement 541
Crowder, Sam - Red Smith Boat Landing - dredge permit 204
Department of Transporation - easements 450,512,599
Blood Bank Property, Capitol Center 354,381
Capitol Center - agreement with General Services 628
Capitol Center buildings removed 595
Capitol Center properties 279,598-599
Ezell, Mrs. James - Capitol Center acquisition 279
Lake Jackson Mound Park - drainage easement 47
Right of Way dedication 149
Southeastern Telephone Co. - easement 717
Tallahassee, City of
Easements 47,299,424,430,743
Florida A & M Hospital lease 743
Levy County
Brown, H,J. - dock permit 558
Bulkhead lines. Interagency Report #3, Cedar Key 168,257
Cedar Keys Lions Club - reef permit 568
Central Fla. Electric Coop. - easement 23
806 -
Levy County (continued)
Department of Transportation, R/w dedication 429
Elmore, David - log lease 172
International Oceanographic Corp. - Aquaculture
Lease (oysters) 658-659,717,736,740
Wilson, John P. A. - sale, dredge & fill 355,426,651
Lewis, H.B. - Maxon land, Walton County 162
Lewis, Lester - dredge permit, Wakulla Co. 214
Lewis, W.B.: St. Lucie County Erosion District 126,636
Libby, O.H,, Jr.:
Benjamin, w.E. - application. Palm Beach Co. 716
Maddock, Paul - application. Palm Beach County 715
Licenses
Grivas, G.N. - marina, Pinellas County 614
Pappas, J.L. & L.L. - marina Pinellas County 613
Liegerot, Danzil: Dormal of Louisiana - appl., Dade Co. 91
Lindner, E.G. - Caladesi contract 577
Lindrose, Florence - corrective deed 566
Litigation
Cecil Varnes - oyster lease, Franklin County 454
coastal Pet. Co. - oil lease 223,270,310-311,330,470
Coastal Pet. Co. - counsel 270,454,461
Condemnation - Woodsand Corp., Capitol Center lots 440
DiVosta Rentals - filling. Palm Beach County 698
Islandia - Biscayne Monument 292,301-303,407-408,584
Kennedy vs Kirk, et al, Pinellas County 404
Kirk vs Mays, St. Johns County 206
Live Oak Naval Reservation, Santa Rosa County 669
Merry vs Trustees - refund ordered 376
National industries vs Enterprise Properties, land 182,572
Oakland Consolidated Corp. vs Trustees, Brevard Co. 218
Oleta River, Dade Co. - National Industries vs
Enterprise Properties 182,572
Summerland Key Cove, Monroe County 182,517,525
U.S. Condemnation - Biscayne National Monument
land 292,301-303
Littman, M.G.: Nelson, Vince - reserved interest exchange 37
Live Oak Naval Reservation - Santa Rosa Co. 669
Livingston, Robert: Courtelis & Kislak - sale, Dade Co. 638
Livingston, R.E. - disclaimer, Monroe County 487
Lloyd & Assoc: Caudebec, Inc. - quitclaim, Indian River. Co 412
Lloyd, R.F. - Afam Island Corp. - exchange, corrective deed 650
Loans - also see - Trustees - funds
South Florida Junior College, Avon Park 419
Fourth District Court building. West Palm Beach 270
Lockhart, Charles - protest Biscayne Monument 293
Lockwood, L.M. - application, Duval County 626
Long, J.F.: Carnes, C.C. - Lake Swan Application 275
Longboat Harbour - dredge. Manatee Co. 328-329,438
Lontz, Anne - fill. Palm Beach Co. 422
Lord, F.U. - land title, Sarasota Co. 122
Loss, Allen - South Pasadena B-line 519
Lost Tree Village Corp. - dredge & fill permit 456
Louisiana Land & Exploration Co. - oil & gas drilling
Lease - Hendry Co. 672,727
Lovejoy, D.R. - channel maintenance 276
Lovelace, Curtis - protest, Jacksonville Port
Authority 144-145,210
807
88,
347,
22,
251,272,
Lowe, Steve - protest, St. Lucie County
Lower Keys Chamber of Commerce
Lowrey, R.E. - appraise, Sarasota County land
Lucci, M.M, - sale, Sarasota County
Lund, Phillip A. "Bill"
Lyday, L.A.: Bradenton, City - application, quitclaim
Lydia Yacht Inc. - dock, St. Lucie County
Lydia Yachts - dredge, Martin County
Lykes Brothers - grazing lease. Highlands Co.
MacNeill, M.G. - Islandia application refund
Maddock, Paul - application. Palm Beach County
Madison County - Department of Transportation,
Road r/w easements
Magers, M.R. - campsite lease, Dade Co.
Mahaffey, James - dredge, Pinellas Co.
Maige, James - Capitol Center property
Maison Gtande ' construction, Miami Beach
Malatratt, Gordon - Gulf American, dredging
Maley, F.W. - Bal Harbour dredge permit
Mallory, George - B-line, Pinellas Co.
Mallory, T.B. - dock, Pinellas Co.
Maloney, F.E. - mean high water committee
Malouf, Waldenese D. - disclaimer, Pinellas County
Manatee County
Bradenton, City of - application, quitclaim
Bulkhead lines
Bishops Harbor & Terra Ceia Bay
Interagency Report #1
Revised
Channel maintenance dredge permit
County Highway Dept. - dredge channel
Curtiss Wright Corp. - dredge & fill
General Telephone Co - dredge, cables
Griffity, O.M, & E.W. - dredge permit
Harrison, G.H. - dredge permit
Highway Dept. - maintenance dredging
Icard, O.R. - application
Key Royale, Inc. - dredge & fill
Longboat Harbour Apts. - dredge
National Audubon Society dedication
Palmetto, City of - rededication
Port Authority - permit modified
St. Bernard Church - dredge permit
State Road Department, waive reverter in easements
State to receive funds for fisheries
Suncoast Realty Co. - navigation channel
Whitney Beach Condominium - dock
Manders, Logan - Oleta River property, Dade Co.
Mann, I.Z. - permit, Sarasota County
Mapping, U.S. Coast & Geodetic Survey, Shoreline
Mapping - U.S. Geological Survey
Mara Beach - dredge channel, Sarasota County
Marathon Chamber of Commerce - artificial reef
Marathon Oil Co. - dredge. Bay County
Marbet Corp. - dredge & fill. Palm Beach County
Marco Island Development Corp. - dredge permit
Collier County 283,599-
Marco Island Inn Properties - dredge & fill. Collier Co.
Mangroves - Dade County research, propagation
328-
523,632,
433,486,
462,
126
74
157-158
632,693
77
688
656
679
180,583
486
715
567,658
425
468
244
559,629
305
358,390
624
415
57
622
688,740
688,691
55
421,608
276
115
421,581
473
544
544
679
709
307,313
329,438
692-693
523-524
44
191
178
272
695
704
469,572
711
546
216,547
504
544
472
602
600,730
252
633
- 808 -
Marco Towers, inc. - corrective deed. Collier Co. 412
Marcu, Lelon - dredge & dock. Bay County 360
Mariculture; aquaculture - see leases
Mariculture - Akima International Inc. 232-233,285
Marifarms, Inc. - aquaculture lease, Bay Co. 459, 513, 578-579, 634
Marina license policy 613
Marine Exhibition Corp. - dock, Dade Co. 505
Marineland - dredge permit, Flagler, Co. 627
Marion County
Albright, G.J. - lake material 66
Board of Education - Light Horse Unit 525
Canal Authority of Florida - easements 536
Crosby, W.P. - dredge canals. Lake Ker 391
Florida Game & Fresh water Fish Commission, boat ramp 28
Florida Salt Springs Corp. - dock 66
Forestry Board - leased land near Ocala 256
Laye, John - dredge canal to Lake Ker 385
University of Florida Light Horse Unit 525
Markon, Roy - U.S., Biscayne National Monument 291
Marler, Ben - dock, dredge, Oi:.aloosa Co. 192,368,374
Marler, H.C. - dock, Okaloosa county 655
Mario, Inc. - duplicate deed, Dade County 231
Marsh, H.W. - land sale, Lee County 542,590,638
Martin County
Aquatic Preserves 134,478
Beach nourishment 558
Boswell, Perry, - dredge permit 296
Canovai, P.C. - dock permit 569
Central & Southern Florida Flood Control - easement 740
Crane, Henry - dredge, dock 633,655
Dean Development Co. - dock permit 80,361
Dean, W.R. - dredge channel 283
Department of Transportation, dedication.
Dredge, easement 105,444,487
Erosion protection 543
Florida Park Board - Vince Nelson Estate 196
Florida Power & Light - dredge cable 115,160,215
Interagency Report #4 197,199
Jupiter Island - dredge 551,570,679
Land exchange, Nelson land, for State Park 286
Laurel Court, Inc. - land sale 246,258
Lease, St. Lucie Inlet State Park 417
Lydia Yachts - dredge permit 679
Nelson, Vince
Escrow refunded 286,506
Reserved mineral interest exchange 37
Outdoor Recreation Development land acquisition 393
Palm Beach Cable TV - dredge permit 593
Parks & Recreation Division - dock permit 488
Resources Development Board 74
River land. Inc. - dredge permit 468
St. Lucie Marine - dredge permit 452
Southern Bell Tel. & Tel. - permit 737
Stuart Land Development - navigation channel 679
Southern Bell Tel. & Tel. - dredge permit cable 146,215,626
U.S. Corps of Engineers - channel R/W, St. Lucie Inlet 466
U.S. - soil easement, St. Lucie Inlet 64
809 -
Martin County (continued)
Weisenberger, Lillian - land sale 211,219,355
Williams, J.T. - dock permit 242
Wood, E.A. - dock permit 192
Yacht & Country Club of Stuart - dredge permit 366
Martin to Monroe, Wanzenberg, Fritz - soil samples 41,588
Martin, Ed - protest aquatic preserve 479
Martin, F.A. - dredge channel, Monroe County 192,496
Martin, J.L. - dock, Hillsborough County 454
Martin, W.C. - Islandia protests Biscayne Nat'l. Monument 293
Massee, C.J.: Villas Continental - dock. Clay County 457
Mat Roland Seafood Co. - permit - Duval County 742
Mathaisen, F.J. - land reconveyed, Putnam County 67
Matheson, R.H.
B-line, Dade County 209,685
Biscayne National Monument, Dade Co. Navigation channels292
Mathews, Osborne & Elrich: Georgia Industrial Realty
Duval County 443,564
Matthew, J.S. - fill permit, Palm Beach County 602
Matthews, J.R. - denial, refund, channel, Monroe Co. 94,414
Matthews, J.R. - navigation channel, Monroe County 414
Maule Industries - rock mining lease bid640, 651, 663, 674, 681, 682
Maurer, F.W. - dredge permit, canal & material. Highlands Co261
Maxon, L.G. - park land donated, Walton County 162
Maxwell, L.R. - East Central Florida Regional Planning
Council loan 18
Mayo, W.T.: Edwards, S.W. - Duval Co. land claim 178
McAninch, R.V.: Jockey Club permit, Dade County 373
McCarthy (Tom) Associates: Kohler, Walter, dredge
Palm Beach County 253
McCauley, H.J. - application, permit, Monroe Co. 610, 668, 687, 688
Mcclain, J. A. (&Turbiville)
Scheutz, Per A.O. - sale, Sarasota Co. 38-40,88,158,190
deed restriction 346,403-404,446,454
McClure, CD.: Continental Con. Development Co. -
dredge & docks, Palm Beach County 124
McClure, D.P.: Manatee County Port Authority - permit 44
McCue, J.J, -
Key Biscayne Golf Course 629,633
Mashta Island, b-line, Dade County 189
McEnany, E.J. - dredge canal. Highlands County 365
McGee, Frank - disclaimer. Palm Beach County 317
McKay, J.G. - Rimer sburg Coal Co. - dredge 660
McKinney, J.M. - dredge permit, Dixie County 314
McKinnon, C.R. - disclaimer, Indian River County 243
McNeill, Jim - aquatic preserve 478-479,490
McNeill (MacNeill) , M.G. - Islandia appl . refund 486
McPeak, Adelaide - Capitol Center land acquired 288
MGIC of Florida, dock permit. Palm Beach County 720
Meade, Wayne - Manatee County, B-line 273
Mean High Water Committee 48,57-58,71-72,98-99,107,114,511
Lauderdale-by-the-3ea, Broward County 443
Lee County problems 511
Miami Beach 629-630
Surveying contract. Cape Coral area 541-542
Treasure Island, City of, Pinellas County 68
U.S. Coast & Geodetic agreement 244
810 -
Mellor, W.H. - Lee County, B-line 76,144
Mental Retardation Division - Plat, Pinellas County 356
Merritt Dredging Co. - permit, Pineda Causeway 694
Merritt, J.M. - marina, dredge & dock 315
Merritt Square Corp. - dredge & fill, Brevard Co. 161-162
Merry, E.T., Howard R., lease refund 376
Merther, W.B. - permit, Volusia County 731
Metropolitan Dade County
Interama meeting 419
Key Biscayne Golf Course permit 633
Public Works - cable 316
Water main 91
Mexico Beach, pier permit. Bay County 24
Miami, City of
B-line, permit. Dodge Island 204
Waiver, Biscayne Yacht Club 404
Watson Island refueling station 23
Miami Beach
B-line, Indian Creek 294
Dredge sewer outfall 241
Marina, dock permit 522
Mean high water line 629
Reported encroachment 559
Miami Chamber of Commerce 685
Miami University - dock, testing facility 476
Michel, J.F.
Application fee refund, Dade County 217
Galahad Apartments, dredge permit, Broward County 184
Islandia application refund 486
Middle River upland owners assert title to submerged
bottoms 25-26
Middlemas, J.R.
Aquaculture lease 460,578
Aquatic preserve. Bay County 478
Interagency Report #1, Mariculture lease 56,75,232
Migratory Bird Conservation act 286-287
Mike Gordons Restaurant - dock 523
Milledge, Allan - Coastal Petroleum Company Leases
310-311,342,352,361
Miller, D.H. - dredge material. Palm Beach County 496
Miller, Francis - Golden Beach erosion, Dade County 507
Miller, Kenneth - Lake Worth marina 259
Miller, W.M. - Lee County land sale 258,312,347,467,471,521
Mills, Leo: Key Royale, dredge & fill. Manatee Co. 307,313
Mills, William - Jacksonville Port Authority 451
Miner, Charlie - Lake Worth Marina 259
Minutes
Biscayne National Monument resolution 337-338
Correction; amended 597,618,630,682
Printing Volume 36 122-123,345
Mission East Co - lease assigned, Dade County 445
Mobil Home Brokers, - dredge, Wakulla County 192
Mobil Oil Corp. - drilling lease, Lee County 171,210
Mock, K.C. - fill committee 10
Mock, Max - fish camp lease assigned 637
Mohme, F.W. - bulkhead line, Brevard County 87
- 811
Monroe County
Anti-Mosquito District 20
Aquatic preserve 86
Armat Realty Co. - channel permit 514
Baker, Jerome - dredge permit 538-539
Bee, F.A. - duplicate deed 507,513
Bell, J.J. - land sale 403,442
Bell, J.L. - fill permit, breakwater 635
Bluewater Trailer Village - channel permit 221
Board of Public Instruction - land transfer 717
Bonebrake, H.P. - land sale 402,442
Brown, J.M. - dredge permit 423
Bud 'N Mary's Marina - dredge 138,146-147
Bulkhead Act - exemption 606
Bulkhead Lines
Interagency Report #1 52
Spanish Harbor, Bahia Honda Key 305
Cable, D.B. - dredge channel 704
Campbell, C.I. - application 611
Central & Southern Florida Flood Control District 716
Central Keys Marine - permit 220,718
Clark, W.S. - application 625
Coral Shrimp Co., E.J. Tommer - dock 690
Crusoe, E.A. - channel 240
Dallago, Alfred - dredge & fill 695
Davis, Floyd - dredge 452,496
Dedication to county cancelled 590
Denbury, Mark - sale denied 38-39
Dennis, G.R. - dredge permit 213,220,456
Department of Transportation - permit, easement,
quitclaim 467,472,550,600
DeWerff, W.H. - dredge & fill permit 514-515
Dredging operations checked 119-120,159,207,218
Drost, V.M. - sale, dredge & fill 494,535
Dunn, N.R. - dredge permit 601
Dunning, Paul - application denied, refund 202
Filske, R.A. - dredge, repair breakwater 24
Florida Audubon Society - wildlife refuge lease 68
Florida Keys Electric Coop. - dredge permit 350
Florida Keys Junior College channel 507,516-517,574,609
Franklin, L.F. - lease renewed 637
Fuentes, Ismael - land sales 20,21
Gaines, D.R. - application 726
Gaines, D.R. - navigation channel 414
Golan, A.E. - release covenants 319
Gum Slough Drainage District 499
Hall, M.L. - dredge permit 487
Henning, F.P. - dredging 92,96,102,116,543
Hickman, J.M. - quitclaim deed 317
Holiday Isle - dredge permit 96
Hunter, Duncan - dredge channel 514
Jackson, H.M. - dredge channel 472
James, G.A. - refund fee 480
J. Morgan Jones Publications - land sale 21,63
Johnson, D.W. - disclaimer 277
Kemp, J.S. - dredge permit 514
Kemp, William - navigation channel 453
Key Colony Beach - sewer permit 102
- 812
32-34,
Monroe County (continued)
Key West, City of
Release covenants
Release "Smathers Beach"
Terminate dedication
Key West Naval Air station - dredge
Klys, W.J. - dredge channel
Layton, City of - dredge basin
Layton, D.L. - dredge permit
Lemelman, David - duplicate deed
Litigation, Summerland Key Cove
Livingston, R.E. - disclaimer
Marathon Chamber of Commerce - artificial reef
Martin, F.A. - dredge permit
Matthews, J.R. - denial, refund
McCauley, K.J. - application permit 610,
Moore, John - sale denied. Palm Beach County
Moretti, j.G. - land exchange, dredge & fill
Neff, T.O. - application withdrawn, refund
Nichols, R.M. - corrective deed
Old Card Sound road & bridge
Outdoor Resorts - dredge & fill
Pakorski, L.B. - dredge channel
Palmhurst, Inc. - canal dredging
Papy, B.C.
Contract sale
Settlement proposal
Trustees retain engineer
Peterson, J.E. - dredge channel
Post, H.M. - application
Ralston, L.P. - dredge channel
Reeves, J.D. - dredge permit
Reinert, R.O. - application
Reinig, Marshall - navigation channel
Riggs, CD. - denial, refund
Rimer sburg. Coal Co. - dredge permit
Road R/W dedication extended
"Sawtooth" policy
Scharf Land Development - denial, refund
Scharf, R.E. - dredge channel
Seaboard Properties - dredge channel
Sea Farms, Inc. - dock permit
Schman, J. A. - dredge channel
Shipley, Jerome - dredge & fill
Siderius, Roxie - navigation channel
Simone, William - quitclaim
Sheley, D.F. - land sale, permit
Soellner, R.R. - dredge permit
Department of Transportation
Borrow easements
Florida Bay bridge
Permit, easement, Bahia Honda
Stevens, W.G. - bid on stockpile
Summerland Key Cove
Fill
Litigation report
Overfill settlement
Stockpile material
319
583,590,615
537
600
474
530
215,220,530
197
182
487
544
192,496
94,414
668,687,688
549,590
592,649,719
549
186
27
652
551
2
657
104,111-112
37
654
625,675,686
213
24
649,714
414
486,494
660
583
52
565,583
214
432
476
213
643
689
524
20,28
457
243
318
306,340,341
336, 376, 378,400,412, 427
123
517,525
104,111-112
320,336,376,378,400,412,427
813
Monroe County (continued)
Sunrise Realty Co. - dredge permit 530
Switlik, Richard - dredge & fill 601
Sywetz, W.D. - dredge boat basin 544
Taylor, C.J. - refund fee 236
Thompson, Ethel B. - disclaimer 106
Thompson, J.F. - stockpile bid 336
Thompson, K.O. - denial, refund 95
Thompson & O'Neal Shrimp Co - dock 469
Tingler, C.F. - dredge & fill 242
Tobi, Elizabeth - permit, dredge & fill 710,719
Toppino (Charlie ) & Sons
Settlement overfill 32-34,104,111-112
Stockpile 329,336
Townson, R.W. - dock permit 604
Trandel, Walter - deferred 95
Tropical Isles - dredge permit 645
U.S. Navy - berthing facilities 592
Disclaimer, Pier 370 243
Land sale 346,402,409-410,648
Sewer outfall 452,658
VanBeuren, M.C. - dock permit 438
VanSweringen, W.F. - refund, permit 632,741
Venture Out in America - dredge permit 495
Wacouta Corp. - application, land exchange 689,740
Wahlberg, T.L. - dredge & fill 660
Wanzenberg, Fritz - soil samples 41
Ward, H.J. - dredge & fill 711
Webster, R.C. - dredge permit 413
Wollard, D.L. - application, penalty 267,333-334
World's Beyond - dredge channel 137,140
Young, J.D. - denial, refund 95
Zanglein, Henrietta - sale denied 39
Zim, H.S. - land sale 43-44,625,675
Montgomery, W.T. - channel dredge permit 276
Moore, John, disclaimer. Palm Beach County 351
Moor head Engineering Co. :
Florida Salt Springs - dock permit 66
Rayhan - dock. Lake Ker 66
Moorings Development -
Channel marker, Indian River County 569
Dredge permit, Indian River County 191
Moratorium
Lake material applications 120
Land sales 82-85
Navigation channels 116-117
Removed, Reports 1 & 3 74,76,175
Sale, Dredging & filling, 2-3 months 100-101
Moretti, J.G. - land exchange, permit 592,649,719
Morgan, D.O. - Palm Beach Area Planning Board 24,203
Morgan, Saul J, - fill permit, Dade County 212
Morgan, W.H. - technical advisory committee 617
Morrison, Harry - dredge channel, Franklin County 374
Morrow, R.O.: Wanzenberg, F.W. - soil samples 41,588,669
Morse, H.G.
Lake material. Lake County 431
Pennington, R.E. - dredge canal. Lake County 297
814
Mortgage satisfaction, canal authority 646
Mueller, Edward A. - Pineda Causeway 668,677
Muldrew, Richard:
Eddie Thomas application, Brevard County 692
Sebastian Inlet land for park 692
Mungall, R.G. - dock application denied 222
Murkshe, R.P. ^^
Murphy Act Lands - Sale Reports 5,34,110,126,143,155,159, 177
183,207,223,231,237,271,279,288,343,371,394,430,470,547, 559
596,617,656,705,714,721,732,738
Alachua County land sale 155,271,547,596
Boca Raton - land sale. Palm Beach County 596
Bretrick and Miller - corrective deed 99
Burns, P.C. - sale, Nassau County 271
Citrus County land sale 34,470
Clay County land sale 223
Columbia County & Okaloosa County sales 126
Duval County land withdrawn 527
Escambia County land sale ^^^
Florida Gas Transmission pipe line 34
Gadsden County land sale 394,430
Gold; White; Vann - release oil reservation 81
Groham, E.R. - sale. Citrus County 470
Griffis, J.D. - land sale. Union County 697
Hamilton County land sale H*^
Hillsborough County land sale 371,617,714
Holmes County land sale 34,177
indelicate & Affronte - corrective deed, Dade Co. 424,430
Holzer & Universal Corp. - release oil & minerals 263
Indian River Farms - land sale 394
justiss, R.G. - sale, Alachua County 271
Levy County land sale 110,738
Nassau County land 223,271,462,738
Jefferson county land 143,159,231,237,288,656
Oder, J.S. - sale, Jefferson County 237
Okaloosa County land sale 126,177,207,371.656
Osceola County land sale 547,560
Oviedo - land conveyance, Seminole county 183
Owens, R.V. - corrective deed, Dade County 331
Radiation, Inc. - release 263
Randolph Blanch - sale, Alachua County 596
Refunds 5,35,62,118,231-232,250,309,331,401,517,548,555,623
537,656
Report of sale; corrective deed 207
Revolution's Southernmost Battlefields Park, Duval Co. 527
St. Elizabeth Gardens - release 664
St. Johns county sale ^
Seminole County land too
Shell Oil Co. - release reservations, Brevard County 2by
Silver Springs Ocala County - corrective deed 62
Sumter County - M.A. land sale 705
Union county - sale deferred 690
Vero Beach, City - release deed clause, Indian River Co. 223
Walton County - land
Watkins, D.A. - corrective deed 264
Yospe, Sidney - corrective deed 231
Murphy, E.G. - dredge canal, Putnam County 399
Murray, P.F. - dock, Sumter County •'•61
Murray (Ken) & Sons - quitclaim. Palm Beach County 433
815 -
- N -
Nanussi, George - dock, Pinellas County 205
Naples, City of - dredge material 661
Naples, City of - review bulkhead lines 455
Naples Yacht Club - sale, fill. Collier Co. 502,549,611
NASA dedication modified, Brevard County 211
Nassau County
Aquatic Preserves 478
Ft. Clinch Park 133
Bulkhead lines - Interagency report #3 168
Burns, P.C. - sale. Murphy Act 271
Dell, E.L. - dredge channel 601
Department of Transportation - Callahan Rd. camp lease 386
Gordon Brent Co. - dredge permit 308
Interpace Corp, - dredge permit 620,670,
Murphy Act land withdrawn 462
Murphy Act sale 223
Ocean Highway & Port Authority - soil easement 284
Park Board - land exchange 341
Trusty-Hulsander Development - dredge permit 621
National Audubon Society - also see Audubon
Dedication, Manatee Co. 523,632,692-693
National Industries vs Enterprise Properties,
Oleta River, Dade County 182,572
Nature Conservancy - dedication. Collier County 509-510
Navigation channels - also see Permits
Rule changes 627-628
Moratorium 116-117
Neal, Paul - dock. Manatee County 704
Neese, Jack - refund, Murphy Act 637
Neff, E.R. - application withdrawn 549
Neff, T.O. - application withdrawn, refund 549
Nellie Swanson Fulk Memorial Trust 499
Nelson, Elmer - Aerojet-General lease option 480
Nelson, R.E.: U.S. Corps of Engineers - corrective easement
Sarasota County 277
Nelson Richard - protest dredging, Pinellas County 682
Nelson, V.T. - land exchange escrow 37,196,286,506
Netter, C.H. - Palmhurst dredge, Monroe Co. 2
Nettles Island dredge permit, material from aquatic preserves
646-647
New Port Richey,
Burkland; Berkovitz land agreement 69
Pithlachascotee River Project 285
Newman, C.E: Southern Bell Telephone - dredge 621
Newman, Thomas: Ann Gray - sale denied, Pinellas Co. 411
Nichols, R.M. - corrective deed 186
Nicholson, Thomas - dock, Pinellas County 351
Niper, J.G. - dredge, Lee County 488
Nobbit, G.E. - no sale, Pinellas County 699
Nolin, J.W. - refund fee 232
Norris Development - navigation channel. Citrus County 340
North Bay Company- dock , Pinellas County 147
North Brevard Parks & Recreation Commission - fill 298
North Miami
Dedication, Dade County 726
Interama land 580
License spoil island 639
- 816
North Shore Corp. -spoil, Jacksonville Port Authority 145,150
Northrup, Martin - aquatic preserves 489
Norton, C.N. - dredge, Escambia County 406
Norwood, w.O. - disclaimer, Brevard County 246
- 0 -
Oakland Consolidated - permit, Brevard County 218,620
Obermeyer, Mrs. Jack - "Save Florida's
Lakes" 566-567,575,581,585-586
Objections - see "protests" to sales, permits, etc.
Objections to aquatic preserves 478-479
0' Bryan, Girard - South Pasadena, B-Line 562
Ocean Highway & Port Authority - spoil easement, Nassau Co. 284
Ocean Summit Assoc. - permit, Broward County 736
O'Conner, D.M. - Coastal Pet. Co. 310-311,342,352,361,419,426
Oder, J.S. & Cora - sale, Jefferson Co. 237
Odom, Perry: Gulf American Corp, - aquatic preserves 479
Offshore Campsites 532-533,641
O'Hargan, Paul
Collier-Read land exchange 448,509-510
Mean High water Committee 57
Oil & Mineral reservation clause in deed forms 425
Okaloosa County
Aquatic Preserves 135,478
Bayview Apts. - dock permit 545
Bulkhead lines. Interagency Report #3 168
Carley, J.T. - navigation channel 472
Carmicheal Surf Side Seven - dock 254
Cason, T.C. - dock permit 223
Choctawhatchee Electric Coop. - easement 406
Cook, A.L. - road access. Forestry Board land 8
Department of Transportation
Dedicate bridge site 184
Navigation channels 428
Right of Way easement, SR 85 495
Duke, Richard - dredge material 601
Edgewater Village Corp. - dredge channel 174
Ellicott Point Canal Assoc. - dredge permit 380
Estergren, F.B. - dredge channel 392
Fatherree, J.B. - dredge permit 551
Fiebelkorn, P.J. - dock permit 569
Florida Gas Transmission
Easement 512
Pipe line permit 34
Fort Walton Beach
Artificial reef permit 115,282
dock 438
Fort Walton Yacht Club - channel 612
Gentry, C.A. - dock permit 242
Geophysical Service - survey 694
Gulf Power Co. - cable 102
Hudson Marina - dock permit 222
Indian Springs, Inc., - permit dredge 720
Kelly Boat Services - dock permit 574
Kelly Enterprises - dredge channel 428
Knox, G.H. - dock permit 712
817 -
Okaloosa County (continued)
L & A Contracting Co. - channels 428
Lease, Temple Mound Park 417
Marler, Ben - dock permit, dredging 368,374
Marler, H. C. - dock permit 655
Murphy Act sales 126,371
Patton, Wayne - dredge permit 40
Plank, D.K. - dredge channel 315
Robroy Industries - dock permit, dredge 152,226
Shalimar Yacht Basin - dredge permit 380
Southeastern Telephone Co. - dredge, cable 102,262
Steiner, I.D. & L.E. Feckner - fill permit 729
U.S. Air Force - maintenance & channel dredging 268,398
U.S. Corps of Engineers - spoil easement 299
Okeechobee County
Central & Southern Florida Flood Control District
Lots conveyed 615
r/W and deed. Lake Okeechobee 106
Conely & Conely - duplicate deed 197
Davis, Glen - grazing lease 352
Florida Game & Fish - boat ramp & channel 29
Taylor Creek Fishing & Hunting Lodge - lease 203
Taylor Creek Isles Inc. - dredge canals 398
Okeechobee, Lake - remove limestone 78-79
Oldaker, L.R. - Riverside Apts . - dock, Volusia Co. 392
Navigation channel, Volusia County 604
O'Mahony, D.K. - Ft. Myers Shell Co. - artifical reef 8
One Hundred Lincoln Road - dredge, Dade Co. 405
O'Neal & Thompson - dock permit, Monroe Co. 469
O'Neil, L.J. - Apollo Beach development 397
Orange County
Armantrout, H.M. - dredge channel 152
Clayton, C.W. - dredge permit 227
Estey, W.S. - lake material 253
First Baptist Church of Oviedo - disclaimer 622
Florida Power Corp. - Wekiwa Park Easement 418
Houck, J.H. - lake material 399,429
Kittredge, CD. - application 388-389
Lake Conway land sale 708
Stewart, C.R. - land sale 708
U.S. Post Office - agreement, Fla. Tech. Univ. 108
Wekiwa Springs State Park - lease, pipeline 417,512
Orfinger, Melvin: Gonzalez, P.J. - conveyance, Volusia Co. 22
Organized Fishermen of Florida
Aquatic preserves 479
Protest, St. Lucie County Erosion District plan 125-126
Ormond Beach - dredge, Volusia County 328
Orr, Charles - dock permit, Polk County 16
Osborne, H.P,: Georgia Industrial Realty - sale, Duval Co. 564
Osborne, Ray: Emerald Isle, Volusia County 262
Osceola County
Central & Southern Florida Flood Control District, basin 475
County amend dredge permit 612
Exotica Gardens - permit, after-the-fact 712
Marler, Ben - dock permit 192
Murphy Act land sale 547
Rebik, T.L. - dredge permit 720
Temple Baptist Assoc. - land sale 610,648,668,676
- 818 -
Oslow Packing Co - disclaimer, Indian River Co. 668,676
Outdoor Recreation Development Council - see Florida Agencies
Outdoor Resorts - dredge & fill - Monroe County 652
Outdoor Resorts of America - dredge 646-647
Oviedo, City of - conveyance, Seminole County 183
Owens, Ralph - corrective deed, Volusia County 122
Owens, R.V. - corrective Murphy Act deed 331
Owsley, H.A. - Pensacola Yacht Club dredging 137
Ozona Shores Co. - dredge, Pinellas County 399
- P -
P.S.B. Ranch - lease. Palm Beach county 230
Pacetti, E.W.: St. Augustine Beach South
Sale, dredge 522,572,634,644
St. Johns Riverside Estates - dredge 634
Pahokee, City of - breakwater loan payments 97
Pakorski, L.B. - channel, Monroe County 551
Palm Beach Area Planning Board:
Edelphi Builders - fill permit 24
Lake Worth application 152,249,259
Lake Worth Marina permit 259
Moratorium 89,108,124
Morgan, D.O. - minutes 203
Roy, Raymond - application 426
Palm Beach Cable T.V. - dredge permit 79,593
Palm Beach County
Aquatic Preserves 134,478
Area Planning Board 24,89,108,124,152
Arvida Corp.
Dock permit 697
Dredging, Boca Raton Inlet 247
Permit report, amendment 367
Belle Glade, City - easement, water main 61
Benjamin, W.E. - application to advertise 716
Bloxham Land Co. - refund fee 335
Boca Raton
Application for land 259
Dedication 312,326,356
Murphy Act Sale 596
Waiver, spoil area 433
Brown, J.M. - corrective deed 439
Bulkhead lines. Interagency Report #1 53
CKG Joint Venture - disclaimer 203
Casa Development Co. - fill permit 226
Cedar Lane Developers - disclaimer refund 229,396,439
Cen. & Sou. Fla. FCD - easement, assignment clause 97
Coastal Petroleum Co. - litigation 310
Continental Con-Development - dredge & docks 124
Cromwell, R.F. - application 88-89
Department of Transportation
Dredge permit 359
Permit for cable 262,627
Soil Samples 41
Disclaimer - deferred 378
- 819
Palm Beach County (continued)
DiVosta Rentals
Disclaimer 295
Fill permit denied 239,437,451,475
Litigation re. filling 698
Sale 294
Donner, Charles - disclaimer, denial, refund 382,464
Donner (Ed) Lumber Corp. - disclaimer, denial 382,465
Edelphi Builders - fill permit 23-24
First Bank & Trust - disclaimer 395,402,411
First National Bank & Trust of Boca Raton -
Disclaimer, file closed 459,566
Fisher Properties - permit 742
Florida Game & Fish, Wildlife Area - lease 30
Florida inland Navigation District - permit 741
Florida Power & Light Company
Dredge permit 215,551
Easements 3,369
Florida Public Utilities - dredge permit 2
Frogel, Arthur - fill permit 348
Harris, Al - dredge material 428
Immormino, Florence - disclaimer 298
Itvenus - dock permit. Lake Wyman 170-171
John Aragona Enterprise - land sale 211,219,251
Jupiter Inlet - dredge permit 741
Jupiter Inlet District - navigational aids 594
Ken Murray & Sons, et al - quitclaim deed. Lake Osborn 433
Keough, E.M., et al - disclaimer 395,402,411
Knight & Sons - agriculture sublease 637
Kohler, Walter - dredge permit 253
Lainhart, George - dredge channel 240
Lake Park
Dock & seawall 690
Maintenance dredging 689
Lake Worth
Dredge & fill application 150-151,152,220,249,259
Sewer line easement 268
Lash, F.L. - sale denied, refund 91,528,571-572
Layfield, M.S. - corrective deed 558
Lee, J.C. - dock permit 553
Lindrose, Florence - corrective deed 566
Loan, Fourth District court Building 270
Lontz & Johnson - fill permit 422
MGIC of Florida - dock permit 720
Maddock, Paul - application 715
Marbet Corp. - dredge & fill 602
Matthew, J.S. - fill permit 602
McGee, Frank ■« disclaimer 317
Meyer & Shepherd - corrective deed 43
Miller, D.H. - dredge material 496
Moore, John - disclaimer, sale denied 351,549,590
Morgan, D.O. - Area Planning Board 203
Nowlin, J.W. - refund fee 232
P.S.B. Ranch - sublease 230
Palm Beach Cable T.V. - dredge permit 79
Palm Beach, Town of - dock permit 385
Paynter, A.J. - sale denied, refund 591,611
- 820 -
Palm Beach County (continued)
Pedeville, Robert - dock permit 574-575
Perini Land & Development & Board of Regents, borrow pit 68
Perry Submarine Builders - dredge permit 620
Policy - Lake Worth lands 571,584
Port of Palm Beach - easement - deferred 623
Roy, Raymond - application deferred 412,426,464
S.N. Knight & Sons - agriculture lease 29,230,278,637
Sawyer, Frank - fill permit 602
Seymour, Malcolm - dredge permit 573
Southern Bell Tel. & Tel. Co. - cable.
Permits, Easements 15,235,621,737
South Lake Worth Inlet District - dredge 327
Teleprompter Corp. - dredge, cable 296
Teleprompter of Fla., Cable T.V. - permits 672
U.S. Corps of Engineers - spoil area easement 367,575
W.P.M., Inc. - agriculture lease 278
Wanzenberg, Fritz - soil samples 41
V7aterway Condominium - dredge permit 582
Weigel, M.D. - disclaimer 505,513
West Palm Beach - disclaimer 383
Wilson, Margaret - corrective deed 369
Palm Beach, Town of -
Continental con-Development - dredge material 125
Dock permit 385
Protest Lake Worth Marina permit 259
Palmetto, City of - dedication 433,486,523-524
Palmhurst - dredge permit, Monroe County 2
Panama City - dredge permit. Bay County 206,216
Panama City & Bay County Airport & Industrial District
B-line, easements, permits 42,500-501,513
Panama City Port Authority - easement, dredge 318,514
Pandapas, C.G. & G.J. - quitclaim, Volusia County 716
Panora Corp. - dredge, Sarasota County 633
Pappas, L.L. - marina license, Pinellas County 614
Papy, B.C. - Monroe County contract; Trustees
Retain engineer 37,657
Settlement proposal • 32-34,104,111,112
Park, F.D.R.-
Interagency Report #1 56
Metro-Dade, dredge, fill, dock, cable 283,315
Park, J. A. - Dunedin B-line 624
Parker, CM. - Mexico Beach pier permit 24
Parker-Dorado in Broward County - Erosion at Golden
Beach, Dade County 507
Parker, E.K. - dredge navigation channel. Bay County 551
Parker, F.L. - refund purchase money 122
Parker, Fred: Hollinger, Pick - protest aquatic
preserve. Gulf County 479
Parker (Jack) construction - disclaimer, Broward Co. 618
Parker, R.C. - Director 142
Mean High Water Committee 57
Resigns as Director; resolution 143,163-164
Payment accrued leave 287-288
Parks - see Department of Natural Resources, Division
Recreation & Parks
Partington, W.M. - Fla. Audubon Society 77
Biscayne National Monument 293
821
Pasadena Apartments - dock, Pinellas County 655
Pasadena, South - B-line, Pinellas County 324,518-20,535,560-2
Pasco County
Berkovitz, Benjamin - sale, mortgage, B-line & fill 69
Block M, Hudson Beach - dredge & fill 384
B-line - Gulf of Mexico & Anclote River 609
Burkland, H.A. - sale agreement, B-line, fill 69
Campsites offshore - deferred 532-533,641,660
Hodnett, J.V. - dredge permit 154
Interagency report #4 197
Pithlachascotee River Channel Project 285
Sea Pines, inc. - dredge permit 154
Swartsel Properties - land exchange 621
Williams, Connie Lee, et al - campsite lease 729
Patterson, A.O. - Technical Advisory Committee, lake levels 617
Patterson, G.L.
Dade County B-line 209
Florida Power & Light 74
Patterson, '/7.E. - dredge navigation channel. Citrus Co. 661
Patton, S.W.: Jockey Club, Sale, Dade Co. 266,333,361
Patton, Wayne - dredge, Okaloosa County 40
Paul, D.P.S. - Miami Beach mean high water line 559,629
Paul, J.R. - dredge lake canal, Polk County 116,152
Paynter, A.J. - denial refund 549,591,611
Peacock, Jack - easement - Gadsden County 709
Pearson, R.H. - Lake Worth Marina 259
Pedeville, Robert - dock. Palm Beach County 574-575
Pelican Island Wildlife Refuge 650
Penalties
Discussion of filling, 334
Dredge, fill, policies adopted July 1, 1969 370
Pennington, R.E. - dredge. Lake County 297
Pensacola Beach - dredge, Escambia County 314
Pensacola Beach Elks Lodge, dock, fee 228
Pensacola, City - maintenance dredging 267
Pensacola & Georgia Railroad Company - Suwannee
County land disclaimer 117
Pensacola Historical Restoration & Preservation
Commission 508,555
Pensacola Port Authority - Dredge permit 267
Pensacola Yacht Club - maintenance dredging 137
Peoples Gas System - dredge, Dade Co. 348,358-359,635
Perdido & Escambia Bays - "No dredge" policy 669
Perini Land & Development Company - borrow pit.
Palm Beach County 68
Perry Submarine Builders - dredge permit 620
- 822
Permits - Policies, After-the-fact, Artificial reefs, Docks
Dredge, fill. Lakes, Utilities, Miscellaneous
Also see: Easements, Licenses
Permits - Policies, Dredge & fill. Also see: Trustees Policies
Policies, dock fees 228
Docks 100' from channel, Intracoastal Waterway 65
Fee schedules to be reviewed 424
Lakes information 619
Marina License 613
Navigation channels. Aquatic preserves 508
Consider merits 187
Withhold during moratorium 116-117
New rates: Fill material 10<: minimum, after-fact
lake dredging 20<: 25,64-65,185
Policies: Penalties adopted July 1, 1969 370
Perdido & Escambia Bays 669
Rules amended, after-the-fact 25,64-65,188
Rules amended, survey, certificate 189
Rules - navigation channel processing fee; overage
payment; contractors 627-628
Rules: Utilities $100 fee; no dredge fill 541,554
Signs on work site 119-120,218
Study of dredging & filling violations 207
After-the-fact
Policy; rule amended; penalty 25,64-65,185
Beebe, Dale G., Lake material. Lake County 61
Citrus County - Lake Tsala Apopka 169
Dennis, G.R. - private land 456
Department of Transportation, Martin County, Palm City
Bridge 444
Exotica Gardens - Osceola & Polk Counties 712
Highlands County Title & Guaranty - dredge matter
deferred 216
Imler Earthmovers - dredge, Duval County 504
Larson, C.I. - dredge. Lake Tarpon, Pinellas Co. 438
Highlands County - Lake Grassy 121
Jockey Club dock - Dade County 737
Lake County - Lake Minnehaha ' 61
Niper, J.G. - dredging, Lee County 488
Polk County - Lake Streety 45
Prothero, F.R. - lake material, Polk County 204
Tagarelli, A.D. - dredge, Pinellas County 186
Wardlaw, J.G. - irrigate, Polk County 45
Withers & Harshman - dredge. Highlands County 185
Wray, R.D. - partial after-fact dredge, Pinellas Co 613
Young, A.H. - navigation maintenance 175-176
"Stockpile" material, Monroe County 320
Tropical Isles - channel, after-fact 645
Artificial Reefs:
Al Pfleuger - Dade County 228,539
Cedar Keys Lions Club - Levy County 568
Charlotte County Commissioners - Charlotte Harbor 553
Fort Walton Beach Chamber of Commerce 282
Fort Myers Shell & Dredging Co. - Lee County 8
Greater Fort Walton Beach Chamber of commerce 115
Gulf Atlantic Oceanographic Research Society -
Escambia County 379
Marathon Chamber of Commerce 544
Walton County, Chamber of Commerce 515
823
Permits (continued)
Beach nourishment dredging
Bal Harbour - Dade County 1,358,390
Broward County 472
Corinthian, The - Dade County 174
Crystal River, City of 444
Jupiter Island, Town of - Martin County 570
Sarasota, City of 432
Squirrel's Tent City - Maintenance 366
Waterway Beach Condominium - Palm Beach County 582
Docks, Marinas, boat ramps, etc.
Fee $10 private, $100 Commercial 228
A.F. Quast Co. - Collier County 268
Aiden, Inc. - Broward County 156
Albatross Motel - Pinellas County 57
Alliance Machine Company - Collier County 553
Arvida Corp. for Coast Guard Auxiliary - Palm Beach Co. 697
Atlantic Foundation - Dade County 432
Bath Club - dock permit 137
Bay 23 Corp. - Dade County 213
Bayviev/ Apartments - Okaloosa County 545
Bayvue, Inc. - Charlotte County 424
Bedan, Inc. - Dade County 523
Bellamy, Ralph - Pinellas County 103
Big Pass, Inc. - Sarasota County 532
Biscayne Bay Yacht Club - Dade County 522
Blue Springs Condominium - Volusia County 593
Boatwright's Marina - St. Johns County 154
Brown, H.J. - Levy County 558
Brown, L.A. - St. Johns County 680
Bryant & Tucker Seafood - Franklin County 424
Burwell, R.V7. - St. Lucie County 140
Camire, Arthur - Pinellas County 505
Canovai, P.C. - boat ramp, Martin County 569
Captiva Island Co. - channel markers 574
Carlton Arras Apartments - Pinellas County 532
Carmicheal Surf Side Seven - Okaloosa County 254
Carrabelle Self-Service Corp. - Franklin County 392
Cason, T.C. - Okaloosa County 223
Charles Orr's Marina - Polk County 16
Christian & Missionary Alliance - Lee County 539
Chucks Marina - Charlotte County 453
Clarks Marine - Dade County 276
Collier County Conservancy - Instruments, Rookery Bay 604
Colo, F.R. - Pinellas County 593-594
Confederate Point Apartments - Duval County 646
Continental Con-Dev . Co. - Palm Beach County 124
Coral Reef Yacht Club - Dade County 170
Coral Shrimp Co. - Monroe County 690
Crane, Henry - Martin County 655
Crittenden, H.C. - Pinellas County 141
Crystal Bay Mobile Homes - Pinellas County 317
Dade County Public Works Dept. - Haulover Beach 385
Daly's Boatyard - Duval County 704
Dean Development Co. - Martin County 30,351
Deeb, R.J. - Pinellas County 214
Dees, C.F. - Polk County 255
Department of Transportation
St. Lucie county 429
IValton County 513
Eastern Seaboard Petroleum - Duval County 731
Edgev/ater, City of - Volusia County 255
Escambia Chemical Corp. - Santa Rosa County 249
Estate Capitol Development - St. Lucie County 662
- 824 -
Permits (continued)
Docks, Marinas, boat ramps, etc. (continued)
Everglades Fisheries - Collier County 662
Fair, Inc. - Pinellas County 368
Fairview of Florida - Dade County 457
Ferrari, Frank - Pinellas County 458
Fiebelkorn, P.j. - Okaloosa County 569
Fisher, L.; Edson Arnold Estate, St. Lucie County 316
Fisherman's Cove - Sarasota County 154,731
Fletcher, Paul & Jerome, Pinellas County 532
Florida Parks & Recreation Division, Martin County 488
Ochlockonee River State Park, Wakulla County 103
Florida East Coast Properties - Dade County 468
Game & Fish Commission
Lake County 545
Lake Okeechobee 29
Lake Weir 28
Suwannee River, Lafayette County 25
Florida Methodist Children's Home- Volusia County 432
Florida Power & Light Company
Buoy anchor 380
Lee County 339
Florida Presbyterian College - Pinellas County 432
Florida Salt Springs Corp. - L. Warner, Marion County 66
Fort Walton Beach - Okaloosa County 438
Franklin County, Ochlockonee Bay 582
Gait Construction Co. - Pinellas County 545
Gentry, C.A. - Okaloosa County 242
Greenhough, E.R. - St. Johns River, Lake County 41
Griffis, R.A. - Collier County 505
Gross, J.M. - Pinellas County 67,141,171
Gulf Marine Ways - Pinellas County 308
Hallock, H.F. - Pinellas County 368
Harbor Haven - Broward County 574
Hartman, R.J. - Bay County 254
Heffner, Vaughn - Lee County 374
Hoffman, R.P. - Pinellas county 176
Hudson Marina - Okaloosa County 222
Hubbard, F.K. - Escambia County 277
Intracoastal Waterway - 100' from channel 65
Itvenus, Inc. - Palm Beach County 170-171
Quadricentennial - Escambia County 672
Jacksonville, City of
Mayport Boat Ramp 453
Revised permit 703
Trout River, Zoo 66
Jacksonville Port Authority - Duval County 437
Jenard M. Gross Co, - Pinellas County 67,141,171
Jockey Club - Dade County 374
Johnson, A.L. - Pinellas County 505
Jupiter Inlet Distributor - 594
Keller, G.W. - Lee County 350
Kelly Boat Services - Okaloosa County 574
Ken Mar Enterprises - Pinellas County 117
Knox, G.H. - Okaloosa County 712
Krauss, E.J. - Pinellas County 46
LaCosta Brava Apartments - Pinellas County 532
Lake Park, Town of - Palm Beach County 690
825 -
Permits (continued)
Docks, Marinas, boat ramps, etc.
Lee, J.C. - Palm Beach county 533
Lee County Gas & Oil - Pinellas County 117,392
Lydia Yacht Inc. - St. Lucie County 656
MGIG of Florida - Palm Beach County 720
Malloy, T.B. - Pinellas County 415
Marcuffi, Lelon - Bay County 360
Marine Exhibition Corp. - Dade County 505
Marler, Ben - Osceola, Okaloosa County 192,368
Marler, H.C. - Okaloosa County 655
Martin, J.L. - Hillsborough County 454
Mat Roland Seafood Co. - Duval County 742
Merritt Marina - Escambia County 315
Metro-Dade Public Works Dept. 283
Mexico Beach - Bay County 24
Miami Beach Marina 522
Mike Gordon's Seafood Restaurant 523
Moorings Development - Indian River County 569
Mungall, R.G. - living facilities denied 222
Murray, P.F. - Sumter County 161
Nanussi, George - Pinellas County 205
Nicholson, Thomas - Pinellas County 351
North Bay Co. - Pinellas County 147
Palm Beach - Brazilian Avenue docks 385
Panama City Airport beacon 501, 513
Pasadena Apartments - Pinellas County 655
Pedeville, Robert - Palm Beach County 574-575
Phillips Petroleum Company - Dade County 339
Piedmont, Paul - Pinellas County 458
Pinellas County Commissioners - Belleair Beach Causeway 103
Placido Corp. & Apartments - Pinellas County 297
Piatt, D.D. - Sarasota county 344
Rayhan, Inc. - Marion County 66
Reagan, Walter - Pinellas County 458
Richbourg, Clyde - Escambia County 545
Riverside Garden Apartments - Volusia County 392
Roberts, R.E. - Pinellas County 205
Robroy Industries - Okaloosa County 152
Roland, Mat - Duval County 379,400,532
Regency West Apartments - Pinellas County 458
Runaway Bay Club - Dade County 62
Russell, L.W. - Lake County 222
St. Petersburg
Pinellas County 444-445
Point Pinellas 704
St. Petersburg Yacht Club - Pinellas County 458
Sandbar, Inc., Leola Davis, Volusia County 205
Schenley, W.J. 92
Seacoast Towers Five
Five 156
West, Dade County 16
Sea Farms, Inc. - Monroe County 476
Seagraves Service Center - Duval County 124
Sea Isl. Apts. Condominium - Pinellas County 67
Seeley Fish Company - marine railway 297
Shelter Cove Marina, M.L. Sheppard, Escambia County 2
Shore Towers - Pinellas County 255
Shore View (Gait Construction Co.) Pinellas County 255
- 826 -
Permits (continued)
Docks, Marinas, boat ramps, etc. (continued)
Simmons, Rovelle - Pinellas County 255
Singleton, Dan - Duval County 153
Smart Set, Inc. - Pinellas County 46
Snider, W.M. - Dade County 360
South Pasadena Marina - Pinellas County 646
South Seas Plantation 574
Spitts, K.W. - Pinellas County 575
Steiner, John - Pinellas County 205
Sunset Beach Motel - Highlands County 339
Tampa Bay Engineering Company - Pinellas County 415
Taylor, R.R, - Pinellas County 67
Thompson & O'Neal Shrimp Company - Monroe County 469
Toramer, E.J. - Monroe County 690
Townson, R.W. - Monroe County 604
Trammel, J.H. - Duval County 276
Tringali Packing Corp. - Lee County 62
U.S. Air Force, Eglin Base pier 424
U.S. Coast Guard Auxiliary - Palm Beach County 697
U.S. Corps of Engineers - test piles, Lee County 582
U.S. Dept. of Army Coastal Engineering Research Center
Lee County 720
U.S. Homestead Air Base - helicopter pad, Dade County 263
U.S. Navy - hospital, Duval County 8
Universal Automatic Marine - Franklin County 432
University of Miami - testing facility 476
VanBeuren, M.C. - Monroe County 438
Veal, James - Sumter County 179
Venetian, inc. - Brevard county 604
Villas Continental - Clay County 458
Vinyard Industries - Pinellas County 103
W & H Waterways, Inc. - Lee County 695
Waddell, C.F. - Bay County 476
Walker, M.F. - Escambia County 545
Walton County Commission 539
Water & Navigation Control - Pinellas County 737
Weber, CD. - Bay County 582
Whitney Beach Condominium - Manatee County 704
Williams, Ed - fish camp - Volusia County 690
Williams, J.T. - Martin County 242
Wood, E.A. - Martin County 192
Woods, R.M. - Pinellas County 160-161
Yacht Club, Inc. - Sarasota County 136
Youles, F.C. - Brevard County 476
Dredge, dredge & fill. Boat basins, canals, access and
navigation channels, maintenance dredging; fill material
Dredge
Akima International - Bay County 314
Alford, Ted - Bay County 644
Alger F. Quest Co. (Marco Island Inn) Collier County 252
Allen Kirkpatrick - Franklin County 391
Amerada Hess - Gulf County 391
American Agronomics Corp. - Lee County 741
Anderson, J.E. - Bay County 260
Anderson, H. F. - Hillsborough County 391
Armantrout, H.M. - Orange County 152
Armat Realty - Monroe County 514
827
Permits (continued)
Dredge (continued)
Arvida Corp.
Boca Raton inlet, palm Beach County 247
Report, amendment, palm Beach County 367
As tor Forest Campsites - Lake County 179
Astor Park Water Association - Lake County 645
Atlas Terminals - Dade county 212
Baker, Jerome - Monroe County 538-539
Barba Investment - Santa Rosa County 221
Barnes, J.C. - Lee County 298
Baskin, H.H. - Pinellas County 7
Bateman, R.E. - Broward County 487
Baynard, R.S. - Sarasota County 253
Bell, J.L. - Breakwater, Monroe County 635
Belleview Biltmore Hotel, Pinellas County 522
Berkovitz, Benjaimin - Burkland lands, Pasco county 69
Block M Hudson Beach, Pasco county 384
Blow, J.N. - Duval County 437
Blue Springs Condominium - Volusia County 593
Bluewater Trailer Village - Monroe County 221
Boatwright's Marina - St. Johns County 154
Boswell, Perry -• Martin County 296
Bronson, R.A. - Polk County 385
Brown, J.M. - Monroe County 423
Brown, J.L. - Escambia County 423
Brown, L.A. - St. Johns County 680
Bud 'N Mary's Marina - Monroe County 146-147
Burnett, J.L. - Sumter County 400
C & C Development Corp. Brevard County 326
Cable, D.B. - Monroe County 704
Caladesi Corp. - Pinellas County 665,682
Caldway, Tom - Port St. Joe, Gulf County 653
Canaveral Port Authority - Brevard County 719
Casa Development Co. - Haul material 226
Carlton Arms - basin maintenance 468
Car ley, J.T. - Okaloosa County 472
Carrabelle Self-Service - maintenance 392
Central & Southern Florida F.C.D. - Glades County 15
Central Keys Marine Corp. - Monroe County 220,718
Chambers & Fov/ler - Sarasota County 498
Cichowicz, T.J. - Pinellas County 423
Claughton, E.N. - Dade County 275
Clayton, C.W. - Orange County 227
Cocoa Beach - channel maintenance 338
Coleman, T.C. - Lee county 191
Confederate Point Apartments, Duval county 653
Continental Con-Dev . Co. - Palm Beach county 124
Corps of Engineers - Brevard County 1
Corr, Dickman, Lee - Hillsborough County 358,407,503
Cowart Brothers - Duval County 620
Crane, Henry - Martin County 633
Cremer, E.G. - Putnam County 296
Crenshaw, Kornegay & Brewa - Wakulla County 400
Crosby, W.P. - Marion County 391
Crusoe, E.A. - Monroe County 240
Curtiss - Wright Corp. - Manatee County 421,581
Dallago, Alfred - Monroe county 695
828 -
Permits (continued)
Dredge (continued)
Danielson, R.E. - Dade County 600
Daugherty, Woodrow - permit deferred 703
Davis, Capt. Floyd - Monroe County 452,496
Davis, w.A. - Sarasota County 531
Dean, W.R. - navigation channel 283
Dell, E.L. - Nassau County 601
Dennis, G.R. -Monroe County 213,220,456
Department of Transportation
Amended borrow area, Monroe County 600
Bay County bridge 431
Brevard County 730
Bennett Causeway 247
Material for Road 115,146
Pineda Expressway 241
Boca Raton, Palm Beach County 359
Clay County 413
Dade County 522
Seventy-ninth Street causeway 467
L & A Contracting 428
Indian River County - Wabasso Bridge 16
Monroe County
Bahia Honda Bridge 340-341, 550
Permit & easement 472
Santa Rosa County 520
Deuschel Con. Co. - Broward County 741
DeWerff, W.H. - Monroe County 514-515
DiVosta Rentals - denial, litigation Palm Beach 451,475,698
Donarl of Florida - Dade County 194-195,670
Drost, V.M. - Monroe County land 535
Dudley, C.R. - Pinellas County 7
Duke, Richard - Okaloosa County 601
Duncan, R.A. - Santa Rosa County 671
Dunedin
Honeymoon Island, Pinellas County 529-530
Maintenance dredging 612
Protest by Trustees 682
Dunn, N.R. - Monroe County 601
East Madeira Corp. - Pinellas County 488
Edelphi Builders - Palm Beach County 23-24
Edgewater Village Corp. - Okaloosa County 174
Ellicott Point Canal Association 380
Elliott, D.O. & M.B. - extension, Pinellas County 568-569
Emerald Isle - Volusia county 262
Engelhard, Jane - Lee County 473
Escambia Chemical Co. - Santa Rosa county 241,296
Estergren, F.B. - Okaloosa County 392
Ewing, W.S. - Highlands County 349
Fatherree, J.B. - Okaloosa County 551
Feckner, L.E.; Steiner, I.D. - Okaloosa County 729
Fernandez, L.H. - Pinellas County 551
Field Club, Sarasota 366
Field, H.P. - Sarasota County 531
Fisher Properties - Palm Beach County 742
Fisherman's Cove - Sarasota County 154
Fla. Game & Fresh Water Fish Commission, Lake County 729
Fla. Inland Navigation District, Palm Beach County 741
Fla. Keys Electric Coop - Monroe County 350
829 -
Permits (continued)
Dredge (continued)
Florida Board of Parks
Caladesi Park, Pinellas County 170
Hontoon Island State Park, Volusia County 15,103
Florida Power & Light
Barge access, St. Lucie County 193
Dredge, cable, Broward County 652,696
Power Cable 652
Utility cable, St. Johns county 696
St. Lucie County 731
Sarasota County 696,742
Fort Pierce, city - St. Lucie County 467,573
Ft. Walton Yacht Club 612
Forty-Twenty, Inc. - rainwater outfall 662
Frogel, Arthur - Palm Beach County 348
Gables-by-the-Sea, Dade County, denial 389,416-417
Gaines, D.R. - Monroe County 414
Galahad Apartments - Broward County 184
Gannon, W.L. - Bay County 514
Gasparilla Inn, W.M. Miller - Lee County 467
Geitz, C.F. - channel connections 702
General Development Corp. - St. Lucie County 671
Gerwig, L.P. - Pinellas County 593
Gibson, R.L. - Putnam County 539
Golden, Albert - Santa Rosa County 154
Gordon Brent Investment - Nassau County 308
Goteck Investments - Dade County 153
Gould, Robert - Dumfoundling Bay, Dade County 194-195,670
Grafton Development Corporation - Lee County 309,314
Gregg, Gibson - Volusia County 453
Griffith, O.M. & E.W. - Manatee County 544
Gross, N.P. - Bay County 581
Gulf American Corp. - Lee County 495,538,573
Gulf Breeze - Santa Rosa County 262
Gulf Marine Ways - Pinellas County 308
Gulf Power Company - Escambia County 544
Gulf stream Plaza, Inc. ♦ 150,151
Hall, M.L. - Monroe County 487
Hall, T.G. - Volusia County 627
Hampton Homes Corp. - Brevard County 45,713,729,738
Harris, Al - Palm Beach County 428
Harrison, G.H. - Manatee County 544
Hebb, M.F. - Pinellas County 654
Heffner, Vaughn - Lee County 374
Henning, F.P.
Channel, Monroe County 543
Material, rock mining, Monroe County 92,95,102,116
Hess Oil & Chemical Corp. - Duval County 156
Hess, W.F.J. - Lee County 611
Hidden Harbor Association - Sarasota County 438
Hoffman, C.T. - Santa Rosa County 253,662
Holiday Isle - Monroe County 96
Holiday Out of America - St. Lucie County 359,569
Honeymoon Isle Development Corp. - Pinellas County 665
Honeymoon Isle - Protest by Trustees 682
Houck, J.H. - Revision, Orange county 429
Hamilton, Robert - Myakka River, Sarasota County 142
830
Permits (continued)
Dredge (continued)
Houdaille-Duval-Wright
Brevard County 652,678
Doctors Lake, Clay County 504
Howe, A.C. - navigation channel, V7alton County 604
Hunt, George - Lake Tarpon, Pinellas County 531
Hunter, Duncan - channel, Monroe County 514
Indian River Minerals 614
Indian Springs - Okaloosa County 720
Interpace Corp. - channel, Nassau County 670
Investors Development Corp. - Pinellas County 602,640
Iowa Land & Development - access & material, St. Lucie co497
Jackson, H.M. - navigation channel, Monroe County 472
Jacksonville - Maintenance dredging 661
Jacksonville, City - Zoological park 66
Jacksonville Electric - Duval County 614
Jacksonville Port - maintenance dredging 703
Jacksonville Port Authority
Fill Material 538
River channel 249-250,397,422,436,437
Jacksonville Shipyards - maintenance 662,678
Jakse, James - channel, Polk County 479
Jockey Club - channel, Dade County 92,372
Jones, B.C. & D. Wilcox - St. Lucie County 515
Jupiter Inlet - Palm Beach County 741
Jupiter Island - beach nourishment 679
Kaiser Gypsum - Duval County 653
Keller, G.W. - channel maintenance, Lee County 365
Kemp, William - channel, Monroe County 453,514
Kessilring, C.E. - material, Charlotte County 261
Key Biscayne Golf Course 633
Key Royale - Manatee County 307,313
Key West Naval Air Station - Wading beach 600
King & Doan - channel, Volusia County 350
Klys, W.J. - channel, Monroe County 474
Kobacker, J.M. - Santa Rosa County 429
Kohler, Walter - navigation. Palm Beach County 253
Lainhart, George - channel. Palm Beach County 240
Lake Park - maintenance dredging 689
Lake Worth
Gulfstream Plaza 150-151
Marina, fill material 249,259
Layton, City - basin, Monroe County 530
Layton, D.L. - deferred, Monroe County 215,220
Lee County Electric Coop. - power line access 339-340
Lee (R.E.) & Company - Pinellas County 679
Lewis, Lester - channel, Wakulla County 214
Longboat Harbour Apartments - channel. Manatee County 438
Lontz, Ann - Palm Beach County 422
Lost Tree Village Corp. - Indian River County 455
Lydia Yachts - navigation channel, Martin County 679
Manatee County
Channel maintenance 276
Highway Department - Terra Ceia Bay 679
Highway Department - drainage channel 115
Mann, I.Z. - Sarasota county 711
831
Permits (continued)
Dredge (continued)
Mara Beach, channel, Sarasota County 504
Marathon Oil Company - Bay County 472
Marbet Corp. - Palm Beach county 602
Marco Island Development Corp. - Collier Co. 283,599-600,730
Marco Island Inn Properties - Collier County 252,283
Marcum, Lelon - Bay County 360
Marifarms, Inc. - canal 634
Marine land - marina connection, Flagler County 627
Marler, Ben - Okaloosa County 374
Martin, F.A. - channel, Monroe County 192,496
Matthews, J.R. - navigation channel, Monroe County 414
Matthew, J.S, & F. Sawyer - Palm Beach County 602
McCauley, H.J, - Monroe County 688
McEnany, E.J. - canal. Highlands County 365
McKinney, J.M. - Dixie County 314
Merritt Dredging Company - Brevard County 694
Merritt Marina - Escambia County 315
Merritt Square Corp. - Brevard County 161-162
Merthe, W.B. - Volusia County 731
Metro-Dade - Public Works Department 283
Miami, City - Dodge Island 204
Miller, D.H. - Palm Beach county 496
Mobile Home Brokers - Wakulla County 192
Monroe County, Old Card Sound road & bridge 27
Montgomery, W.T. - channel maintenance 276
Moorings Development Co. - Indian River County 191
Moretti, J.G. - Monroe County 719
Morgan, S.J., Norman Cohen, Dade County 212
Morrison, Harry - Franklin County 374
Murphy, E.G. - Putnam County 399
Naples, City - maintenance, material 661
Naples Yacht Club 611
Norris Development Co. - channel. Citrus County 340
North Brevard Parks & Recreation Commission 298
Norton, C.N. - Escambia County 406
Oakland Consolidated Corp. - Brevard County 218,620
Oldaker, L.R. - channel, Volusia County 604
One Hundred Lincoln Road - Dade County 405
Ormond Beach, City 328
Osceola County - amend permit 612
Osceola County, Southport Parks - basin, channel 475
Outdoor Resorts of America
Monroe County 652
Nettles Island, St. Lucie County 646-647
Ozona Shores Co. - material, Pinellas County 399
Pakorski, L.B. - channel, Monroe County 551
Palmhurst, Inc. - Monroe County 2
Panama City Airport - Bay County 501,513
Panama City channel maintenance. Bay County 206,216
Panama City Port Authority - Bay County 514
Panora Corp. - Sarasota County 633
Parker, E.K. - navigation channel. Bay County 551
Patterson & Johnson - channel connection. Citrus Co. 661
Patton, Wayne - Okaloosa County 40
Paul, J.R. - canal, Polk County 116,152
Pennington, R.E. - canal. Lake County 297
- 832 -
Permits (continued)
Dredge (continued)
Pensacola Beach, Santa Rosa Island Authority 314
Pensacola, City - maintenance, Escambia County 267
Pensacola Port Authority - Escambia County 269
Pensacola Yacht Club - maintenance 137
Perdio & Escambia Bays 669
Perry Submarine Builders - Palm Beach County 620
Peterson, J.E. - navigation channel, Monroe County 654
Plank, D.K. - channel, Okaloosa County 315
Piatt, D.D. - Sarasota County 348
Piatt, D. & M. Potter - Sarasota County 515
Port Everglades Authority - channel, Broward County 95
Ponte Vedra Shores - channel maintenance 603
Port St. Lucie - canal • 227
Protein Products - harbor maintenance, Lee County 468
Public Works - Brevard County 729
Punta Gorda & Charlotte County - dedicated land 90
Purcell, E.M. - navigation. Citrus County 473
Putnam County Port Authority 543,603
Ralston, L.P, - channel, Monroe County 213
Rebik, T.L. - Osceola County 720
Red Bud Land Company - Lee County 307
Reeves, J.D. - Monroe County 24
Reinig, Marshall - navigation channel, Monroe County 414
Richland, Inc. - channel, Brevard County 599
Rimer sburg Coal Company - channels, Monroe County 660
Riverland - channel connection - Martin County 468
Robinson, N.R. - maintenance - Franklin County 216
Robroy Industries - maintenance - Okaloosa County 226
Rod & Reel Lodge; Hubbard - Escambia County 315
Roland, Mat - Duval County 379
Rucker, Virgil H. - channel. Highlands County 538
S.P.J,, Inc. - Dade County 388
St. Augustine Beach South Corp. 534,644
St. Bernard Church - Manatee County 191
St. Johns Riverside Estates, Inc. 634
St. Lucie County Beach Erosion District 444
St. Lucie Marine, Inc. - navigation channel, Martin Co. 452
St. Petersburg - Shoal, Old Tampa Bay 602
Sam Crowder - Red Smith Landing, Leon County 204
Santa Rosa Island Authority 314
Sarasota County - Roberts Bay 707
Sarasota County Commission 735
Satellite Beach - channel, Brevard County 702
Sarasota City - marina, beach nourishment 227,432
Saunders, G.F. - channel, Pinellas County 496
Sawyer, Frank & J.S. Matthew, Palm Beach County 602
Scharf, R.E. - channel, Monroe County 214
Scheier, K.F. - navigation channel, Volusia County 604
Schmidt, G.E, - Sarasota County 645
Sheehan, G.L. - remove fill. Collier County 504
Shipley, Jerome - Monroe County 643
Schoenfeld, F.K. - Citrus County 530
Seaboard Coast Line Railroad, Duval County 295
Seaboard Properties - Monroe County 432
Sea Pines, J.V. Hodnett - Pasco County 154
Sebastian Inlet Commission - channel 396
833
Permits (continued)
Dredge (continued)
Selman, J. A. - channel, Monroe County
Seymour, Malcolm - channel. Palm Beach County
Shalimar Yacht Basin - Okaloosa County
Siderius, Roxie - channel
Singleton, Dan - Duval County
Skeen, Robert - basin, channel, Pinellas County
Soellner, R.P. - channel, Monroe County
South Lake Worth Inlet District
Southern Bell Telephone and Telegraph Company
Indian River County
Palm Beach County
State Road Dept . - see Dept. of Transportation
Stockpile material, Monroe County
Storm Harbor Marina - Maintenance, Pinellas County
Strickland, Jerald - Sarasota County
Stuart Land Development - channel
Stuart Yacht Club - channel
Sullivan, R.O. - Material , Volusia County
Suncoast Realty - channel. Manatee County
Sunny Groves Mobile Homes - Lee County
Sunrise Realty - channel connection, Monroe County
Sunest Realty - channel, Lee County
Switlik, Richard - Monroe County
Sywetz, W.D. - boat basin, Monroe County
Tackett Construction Company, Indian River County
Taff, C, 0. Porter - connect channel, Franklin County
Tarpon Springs - maintenance - Anclote River
Taylor Creek Isles - canals, Okeechobee County
Tingler, C.F. - channel, Monroe county
Titusville - channel, street extension
Thompson, R.S., T. Craft - Brevard County
Tobi, Elizabeth - Monroe County
Tomoka State Park - maintenance, Volusia County
Toppino, P.C. - stockpile, Monroe County
Town Motel & Marina - Franklin County
Treasure Island, City - Pinellas County
Trusty-Hulsander Development Corp. - Nassau County
U. S. Air Force - Hurlburt Field, Okaloosa County
Channels, Okaloosa County
U. S. Corps of Engineers
Beach restoration, Indian Rocks Beach and
Treasure Island
St. Josephs Sound maintenance
U.S. Navy
Air Station, Pensacola
Mayport, Duval County
Sewer Outfall, Duval County
Sewer line, Escambia County
Sewer outfall, Monroe County
Vacation Time & Holiday Inn, Lee County
Valleybrook Development - Escambia County
Van Sweringen, W.F. - Monroe County
Venture Out in America - Monroe County
W. & H. waterways - channel, Lee County
Wagner, D.J. - maintenance, Escambia County
Wahlberg, T.L. - Monroe County
213
573
380
689
153
221
457
327
710
737
329,336
696
400
679
366
367
695
327
530
228,235,521
601
544
298
670
602
398
242
205,284
581
710,719
671
329,336
216
240
261
268
398
216,330
339
327,405,431,530
140
452
422
452
7,568
573
741
495
695
644
660
834
Permits (continued)
Dredge (continued)
Walker, H.E. - Glades County 694,709,719
Ward, H.J. - Monroe County 711
Waterway Beach Condominium - Palm Beach County 582
Webster, R.C. - Monroe County 413
Welan Investment Company - Dade County 254,645
Wells, L.R. - renewal deferred 582
West Valley Estates - Lee County 551
Westinghouse Electric coop. - channel, Escambia County 504
Whitlack, J.H. - Sarasota County 633
Williams, R.G. - Dade County 212
Wilson, John P. A. - Levy County 426,651
Windmill Village - channel, St. Lucie County 655
Wiseheart, M.C. & M.B. - Dade County 171
Witz, Leo; Winston Development - Dade County 502
World's Beyond - channel, Monroe County 137,140
Youles, F.C. - basin, maintenance, Brevard County 451
Young, A.H. - maintenance, Polk County 175
Zacharias, Frederick, - Lee County 661
Lakes, dredging, lake material
After-fact permit rules, penalty charges 25
Information to field personnel 619
Albright, G.J. - permit, Marion County 66
Bergman, H.L. - Citrus County 169
Champion, T.B. - Lake County 295
Chelsted, S.H. - Polk County 248
Estey, Ward - Orange County 253
Gale, T.R. - Lake County 406
Game & Fish Commission
Channel, Lake Okeechobee 29
Lake Parker, Polk County 603
Hardenbergh, N.W. - lake dredge permit 338
Highlands County - channel. Lake Jackson 65
Houck, J.H. - Orange County 399
Inland Groves; CM. Pool - Lake County 120,185
Hudeck, Steven - Highlands County 204
Ketzenberger, Darwin - Highlands County 191
Laye, John - Lake Ker, Marion County 385
Maurer, F.W. - canal & Material, Highlands County 261
Morse, H.G. - L. Eustis, Lake County 431
Prothero, F.R. - permit, Polk County 204
Whitney, R.B. - Lake County 379,473
Uhls, C.E. - Lake Marion, Polk County 654
Utilities - dredge to install, cables, water mains, gas lines
sewer lines, etc.
Belleair Beach, Town of - sewer line 283
Brevard County - sewer line to Kiwanis Island 45
Cable-Vue of Sarasota - Sarasota County 61
Casey Key Water Association - water main 544
Cocoa, City - water main, Brevard County 179
Construction where no dredge-fill involved 554
Department of Transportation
Cable, Dade County 36
Cable, Palm Beach County 262,627
Florida Cities Water Company - Lee County 423
Florida Gas Transmission - Okaloosa County 34
835
Permits (continued)
Utilities (continued)
Florida Power Corp. -
Cable, Pinellas County 234,316,359
Power line, Volusia County 15
Florida Power & Light Company
Cable, Brevard County 239,626
Cable, Broward County 472,551
Cable, Collier County 124
Cable, Dade County 35,40,385,662,671,737
Cable, Indian River County 174
Cable, Martin County 115,160,215
Cable, Palm Beach County 215,551
Cable, St. Johns County 680
Cable, St. Lucie County 215
Cable, Sarasota County 79,117,551
Cable, Volusia County 328,360,415,681
Florida Public Utilities, gas line. Palm Beach County 2
Florida Storage & Pipeline Corp. Hillsborough County 456
Fort Lauderdale, City - sewage outfall 214
Fort Myers, City - sewage outfall, Lee County 214
Gasparilla Island Water Association, Lee County 567
Gateway Cable T.V. - St. Johns County 415
General Development Utilities - Charlotte County 422
General Telephone Company
Cable, Manatee County 473
Cable, Pinellas County 192,248,736
Cable, Sarasota County 328
Gulf American Corp. - sewer outfall, Lee County 538
Gulf Breeze, City - sewer outfall, Santa Rosa County 161
Gulf Power Company, Cable, Okaloosa County 102
Halifax Cable T.V. - Volusia County 248
Jacksonville, City - water main 252,437
Key Colony Beach - sewer, Monroe County 102
Lee County Electric Coop. - power line 600
Marco Island Development Corp. - water main. Collier Co. 283
Metropolitan Dade - water main, cable 91,316
Miami Beach - sewer outfall - Dade County 241
Ocean Summit Association, Broward County 736
Palm Beach Cable Television Company 79,593
Park Board - water line to Hontoon Park, Volusia County 15
Peoples Gas System - Dade County 348,358-359,635
Pinellas County Commissioners - install cable 612
Pinellas County Water System - water main 28
Rule changes; $100 fee 541
Sarasota Cablevision - cable 92
Sarasota-Charlotte Cablevision - Charlotte County 240
Sarasota, City - install water main 374
Seaboard Coast Line Railroad - cable, Glades County 146
Southeastern Telephone Company - cable, Okaloosa Co. 102,262
Southern Bell Telephone & Telegraph Company
Brevard & Indian River Counties 645
Broward County • 636,737
Cable, Dade County 6,44,170,349
Duval County 731,737
Escambia County 338,709
Flagler County 703
Martin County 146,215,626,737
- 836 -
Permits (continued)
Utilities (continued)
Southern Bell Telephone & Telegraph company (continued)
Palm Beach County 15,621
Putnam County 655
St. Johns County 627
St. Lucie County 268
Volusia County 102
Teleprompter of Florida Cable T.V. - Palm Beach County 672
Teleprompter Corp. - install cable 296,603
United Gas Pipeline - Escambia County 612
United States
Outfalls, sewer lines, Escambia County 422
Monroe & Duval Counties 452
United Telephone Company - cable, Lee County 306
Miscellaneous
Benton & Company, Pinellas & Hillsborough Counties 553
Clark, W.D. - seawall, Lee County 710
Dixie Co. - navigation aids, Suwannee River 582
Caruth, W.W, - seawall, Pinellas County 515
Filske, R.A. - repair breadwater, Monroe County 24
Fort Pierce, navigation beacons, St. Lucie County 627
Hallandale seawall - reventment line 618
Hurrican Camille damage West Florida 458,554
Kahn, J.L. - swim area, Santa Rosa County 612
Longboat Harbour Apts. - remove inoperative dredge 328-329
Phillips Petroleum Company - survey. Collier County 651
Recovery of payment for overdredge, Charlotte County 261
Reese, G.W. - swim area, Santa Rosa County 399
Seabrook Cove - maintenance, Duval County 652
Sheley, D.F. - breakwater, Monroe County 28
Seeley Fish Company - marine railway 297
Titusville Ski Club - ski jump ramps 194
Venture Out in America - bridge, Charlotte County 537-538
Ward, Olan - oyster watch house 505
Wanzenberg, F.W. - core borings 41,588,669
Peterson, C.E. - Panama City channel dredging 206
Peterson, J.E. - dredge channel, Monroe County 654
Pfleuger (Al) , Inc. - artificial reef, Dade County 228,539
Phillips, N.B., H. Winchester, Palm Beach County claim 326,356
Phillips Petroleum Company
Dock, Dade County 339
Geophysical survey. Collier County 651
Oil lease. Collier County 674
Watson Island refueling station 23
Phillips & Trice: Scharf Land Development Company
Monroe County 565
Piedmont, Paul - dock, Pinellas County 458
Pinellas county
Albatross Motel - dock permit 67
Aquatic Preserves 85,136,478
Baskin, H. H. - dredge & fill 7
Beach restoration easements - Treasure Island 106,589
Bellamy, Ralph - dock permit 103
Belleair Beach - dredge, sewer line 283
Belleview Biltmore Hotel - dredge permit 522
837
Pinellas County (continued)
Benton & Company
Permit for buoys denied 553
Shell Lease, modified agreement 545
Boca Ciega Bay preserve 478
Bulkhead Lines
Anclote River, Grassy Island 599
Clearwater Beach Island, St. Joseph Sound 225
Interagency Report #1 53-54
St. Petersburg, Long Bayou 378,589
Segment 1,2,9, South Pasadena 324,494,518-520,535,560,562
Caladesi Island Aquatic Preserve 478
Caladesi Corp. & Honeymoon Island Development
Amendment to contract 575
Dredge permit 665,682
Camire, Arthur - dock permit 505
Carlton Arms Apartments - dock 532
Carlton Arms, J. Mahaffey - dredge permit 568
Caruth, W.W. - fill permit 515
Cichowicz, T.J. - dredge permit 423
Clearwater, b-line denied 722
Clearwater, dock permit 737
Colo, F.R. - dock permit 593-594
County
Dock permit, park, Belleair Beach Causeway 103
Dredge cable 612
Dredge permit 28
Crittenden, H. C. - dock permit 141
Crystal Bay Mobile Homes - dock 317
Curlew Properties - Caladesi, etc. 575,565
Deeb, R.J. - dock permit 214
Department of Transportation, R/W dedication, Johns Pass 318
Dudley, C.R. - dredge & fill 7
Dunedin, City of
Bulkhead line 624
Dredge permit 612
Honeymoon & Caladesi Insland 529-530,565
East Madeira Corp. - dredge permit 488
Elliott, D.O. & M.B. - permit extension 568-569
Fair, Inc. - dock permit 358
Fernandez, L. H. - dredge permit 551
Ferrari, Frank - dock permit 457-458
Florida Board of Parks
Dredge channel 170
Deed modified 269
Florida Power Corp.
Cable, dredge permit 234,315,359
Easement, Caladesia Insland Park 229
Florida Presbyterian College - dock 432
Gait Construction Co. - dock permit 255,545
General Telephone - utility permit 192,248,736
Gerwig, L. P. - dredge channel 593
Gray, Ann - sale denied 395,402,410-411
Grivas, Papas - marina license 514
Gross, J.M. - dock permit 57,171
Gulf Marine Ways - dock & dredge 308
Hallock, H. F. - dock permit 368
Hebb, M.F. - dredge channel 654
Hoffman, R.P. - dock permit 176
838 -
Pinellas County (continued)
Honeymoon Island
Contract amendment 576
Permit protested 682-683
Records disposal 702
Hunt, George - dredge material 531
Indian Rocks Beach - beach restoration 216
Investors Development Corp. - fill permit 602,640
Jenard M. Gross Co. - dock permit 141
Johnson, A. L. - dock permit 505
Ken Mar Enterprises - dock permit 117
Kennedy vs. Kirk - litigation expense 404
Krauss, E. J. - dock permit 46
Lane, G.W. - duplicate deed 386
Larson, C. I. - dredge permit. Lake Tarpon 438
Lease, Caladesi Island 417
Lee (R.E.) - dredge permit 679
Leeco Gas & Oil Co. - dock permit 117,392
Malloy, T.B. - dock permit 415
Malouf, W.D. - disclaimer 622
Mental Retardation Division - plat 356
Nicholson, Thomas - dock permit 351
Noblit, G.E. - no sale 699
North Bay Co. - dock permit 147
Ozona Shores Co. - dredge permit 399
Pasadena Apartments - dock 655
Piedmont, Paul - dock permit 457-458
Placido Corp. - Placido Apartments - dock 297
R.E. Lee & Co. - dredge permit 679
Reagan, Walter - dock permit 457-458
Regency West Apartments - dock permit 458
Roberts; Nanussi; Steina - dock permits 205
St. Petersburg Beach - B-line 378,589
St. Petersburg, City
Dock, dredge 444-445,602,704
State office site 9
St. Petersburg Maritime Base - seawall damage 196-197
St. Petersburg Yacht Club - dock permit 457-458
Sapp, J.H. - boundary agreement 650
Saunders, G.F. - navigation channel 496
Sheen, Robert - dredge permit 221
Schenley, W.J. - dock permit 92
Sea Island Apartments - dock 67
Shore Towers - dock permit 255
Shore View (Gait construction Co) - dock 255
Simmons, Rovelle - dock permit 255
Smart Set - dock permit 46
South Pasadena B-line reaffirmed 560-562
South Pasadena Marina - dock 646
Southwest Florida Water Management District - canal 318,550
Spitts, K.W. - dock permit 575
State office building, St. Petersburg 93
Storm Harbor Marina - maintenance dredging 696
Tagarelli, A.D. - dredge permit 186
Tampa Bay Engineer Co. - dock permit 415
Tarpon Springs - dredge permit 602
Taylor, R.R. - dock permit 67
Teleprompter Corp. - dredge; cable 603
- 839
Pinellas county (continued)
Tierra Verde school site exchange 196
Treasure island
Dredge permit 240
Mean high water line 58
Stationing line, beach nourishment 106,589
U. S.A.
Dredge permit, beach restoration 216
Dredge permit, spoil island. Corps of Engineers 330
Vinyard Industries - dock permit 103
Woods, R.M. - dock permit 160-161
Wray, R.D. - dredge permit 613
Pinellas County water & Navigation Control Authority
Ann Gray sale denied 410
Pineda Causeway, B-line, Brevard County 113,173-174
Pithlachascotee River Channel, Pasco County 285
Placido Corp. - dock 297
Plank, D.K. - dredge, Okaloosa County 315
Plat approved. Mental Retardation Center, Pinellas Co. 356
Piatt, D.D. - B.Line, dredge, fill, dock 344,348,515
Policy: See Trustees: Policy
Polk County
Blanding, R.L. - refund 506-507
Bronson, R.A. - maintenance dredge 385
Charles Orr's Marina - dock permit 16
Chelsted, S.H. - permit refund 248,506-507
Dees, C.F. - dock permit 255
Division of Corrections
Resolution to U. S. 434
U. S. surplus, Avon Park land 203,330
Game & Fish Commission - dredge. Lake Parker 503
Hatchett, C.A. - dredge permit denied 712
Hyder, C. B. - dredge permit 157
Jakse, James - navigation channel 475
Lakeland - dedicate, fill. Lake Parker land 350-351
Paul, J.R. - lake dredging, canal 115,152
Prothero, F.R. - lake dredge permit 204
Road r/w to county 138
Uhls, C.E. - lake material permit 554
Wardlaw, J. H. - lake permit 45
Young, A. H. - maintenance dredge 175
Pollack, J.F. - refund, release 231
Pollution, Bishops Harbor, Manatee County 272
Pompano Beach - beach restoration 443
Ponce de Leon Inlet & Port District, easement 635-535,642
Ponte Vedra Shores - channel maintenance 603
Pool, CM.: Inland Groves - lake material. Lake Co. 120,185
Port Everglades Authority - channel dredging 95
Port of Palm Beach - spoil area deferred 623
Port Richey - Pithlachascotee River project 285
Port St. Joe - aquatic preserve 479,491-492
Port St. Joe Port Authority - maintenance dredging 553
Port St. Lucie - easement, canal dredge 227
Porter, Othan - dredge, Franklin County 670
Post, H.M. - application, Monroe County 75,525,575,686
Potter, Melvin - dredge, fill, Sarasota County 515
Poussaz, P.M. - quitclaim, Volusia County 466
Powell, W.E.: Thomas application, Brevard County 692
840
Pov;ers, L.M. -- sale, Dade County 509-610
Preserves, aquatic, also see Aquatic Preserves 127-137
Prime, G.B: Florida Power & Light, Cable, Volusia Co. 328
Prince, B.A. - Blue Springs permit 593
Prince, CM. - A.R. Taylor corrective deed 498
Printing
Stationery & forms 163
Trustees minutes. Volume 36, Bids 122,245
Protein Products - dredge, Lee County 468
Protests
Aquatic Preserve Areas 478-479,489,490,491
Bair, R.T. - Palm Beach County sale 572
Benn, Herbert - Lake Worth filling 451,464
Biscayne Nation Monument, condemnation 292-293
Brevard County filled parcel 692
Broward County - Arvida Corp., dredging 367
Burns, C.R. - Boca Raton dedication 326,356
Ca lades i-Honeymoon Island, Pinellas Co., dredge 576,666,682
Captiva Islands Co. - Lee County 511
Cavanaugh Leasing & Cape Haze Corp. - Charlotte
and Lee Counties 490-491
Crady, George, Jacksonville Port easements 210
DiVosta Rentals - denial. Palm Beach County 451,464,475
Dye, Dewey, aquatic preserve boundaries 491
First Church of Christ, Scientist, Palm Beach County 294
Gulf American Corp. - aquatic preserves 490
Hathaway, John - bridge, Charlotte County 537
Hillsborough Beach - Arvida, dredging 367
Hypoluxo Island Association - Palm Beach County 465
Johnson, R.C. - Lake Worth marina permit 260
Lovelace, W.C. - Jacksonville Port Authority work 144-145,210
Manatee County B-line, Bishops Harbor 272
Mohme, F.W. - Brevard County B-line 87
Palm Beach Area Planning Board, Donner sale 464,465
Palm Beach - Lake Worth Marina 249,259
Paul, D.P.S. - Miama Beach mean high water line 629
Poynter, A. J. - sale denied 59
St. Lucie County Erosion District, project 125-126
South Pasadena Development Corp. - Pinellas Co. B-line 519
Turner, R.E. - Key Biscayne Yacht Club 556-557
Tyrrel, N. M. & Mrs. Stella 624
v;ood, Thompson; Mathisen; McElmurray - Sarasota Co. land 88
Prothero, F.R. - lake material, Polk County 204
Provost, M.V7. - Fla. Board of Health 75
Public interest - sale policy 699,706-707
Punta Gorda, City
B-line 13
Dedicate to county, fill 40,89-90
Purcell, E.M. - sale dredge. Citrus county 326,388,473
Putnam County
Board of Regents reimbursed 434
Bulkhead lines
Interagency Report #3 168
St. Johns River at Rice Creek 520
Carnes, C. C. - Lake Swan fill 275,290,317
Cremer, E.G. - dredge canal 296
Daugherty, W.W. - dredge application 703,742
841
Putnam County (continued)
Department of Transportation, R.W Dedication, University
of Florida land 162
Gibson, R.L. - channel permit 539
Mathaisen, F. J. - land reconveyed 67
McReynolds, G.E. - corrective deed 617
Murphy, E.G. - dredge canal 399
Port Authority
Dedication, easement, permit 511-512,543,554,503,611
Spoil easement 554,603,611,635,642
St. Johns Riverside Estates - dredge 634
Southern Bell Telephone & Telegraph - cable permit 655
Swan Lake 275,290,317,531-532
Putnam County port Authority - dredge, dedication
rescind 511-512,543,564,503,611
Putnam County Port Authority - spoil easement 635,642
- Q -
Quadricentennial - marina license, Escambia County 672
Quarterly Report of Trustees operations 25,119,207
Quast (A.F.) Company, Dock, Collier County 268
Quitclaim
Bradenton - land to state 588
Corinthian - beach nourishment, Dade County 174
Hickman, J.M. - Monroe County - 317
Houten, J.V. - Volusia County 535
Ken Murray & Sons - Palm Beach County 433
Nelson, Vince Trapper (estate) to Trustees 506
Poussaz, P.M. - Volusia County 455
Roberts, F.C. - land title, Charlotte County 505
Simone, William - Monroe County 523
Trustees from owners at Hallandale, beach restored 459
Zimmer, H.W. - Volusia County 107
- R -
Rader, E.M.: Gulf American, dredge, sewer, Lee County 538
Radiation, Inc. - Release, Brevard County 254
Rafferty, Jack - Biscayne Monument 292
Rainey, C.E. - Pinellas County Commissioners, dredge 612
Ralston, L.P. - dredge channel, Monroe County 213
Ramaeker, V7.H. - U.S. Naval Air Station, dredge permit 140
Randell, M.T.
Coastal Petroleum hearing 470
Criticism 1,10,142
Resolution, oil leases & fresh water management 78-79
Randolph, Blanche - m/a sale, Alachua County 595
Rawls, Dave: Jacksonville Port Authority 397,451
Ray L. Allen's Ranaway Club - dock, Dade County 52
Rayhan - dock permit, Marion County 55
Raymond, P.E. - Pandapas, G.J. & C.G. - quitclaim, VolusiaCo.715
Read, W.A., Jr.: Hatchett, C.A. - permit denied, Polk Co. 712
Reagan, Walter - dock, Pinellas County 458
Real Estate Title Co. - refund. Murphy Act 548
Rebik, T.L., dredge permit, Osceola County 720
Radcliff Materials 9,80,108,141,147,180,197,231,244,277,320
445,480,529,558,616,521,689
- 842
Reclaimed lake bottom land - Technical Advisory Committee 616
Records Disposal 702
Red Bud Land Co. - dredge & fill, Lee County 307
Redford, J.F.
Biscayne National Monument, Dade County 11,293,302
Dade County B-line 209,685
Reed, D.H. - Fourth District Court building 270
Reed, Nathaniel P. 76
Apollo Beach fill permit 358
Biscayne National Park land contracts 338
Caladesi & Honeymoon Island dredging 666
Henning, P.P. - dredge application, Monroe County 102
Pineda Causev/ay, Brevard County 677
U. S. Navy outfall easement, Monroe County 658
Rees, Douglas, Developments & Investments 75
Reese, G.V7. - dredge swim area, Santa Rosa County 399
Reese, Melvin - Miami, interama land 580
Reeves, J.D. - dredge , Monroe County 24
Refunds
Arcadia Abstracts & Title - Murphy Act Land 118
Blanding; Chelsted - permit charges, Polk County 506-507
Bloxham Land Co. - application fee. Palm Beach County 335
Cackowski, S.A. - release denied 401
Campbell, C.I. - denial, Monroe County 611
Campbell, R.S. - Brevard County land 380
Cedar Land Developers - Palm Beach County 396,439
Chase Groves - overpayment, U.S.G.A. funds 62
Cornu, Andre - application withdrawn 667
Danielson, R.E. - application fee, Dade County 529
Donner, Charles - application denied 464
Donner (Ed) Lumber - Palm Beach County 465
Dubbin, etc. - Murphy Act reservation 250,331
Dudziak etc. - Murphy Act reservation 331
Duncan & Foster - release denied 555
Dunning, Paul - application denied, Monroe County 202
Efronson, Sidney - release denied 451
Gaylord & Ray - Murphy Act reservation 331
Graham, Bessie - Walton County 309
Hampton Homes - Brevard County 743
Hartwig, G.E. - Murphy Act reservation 331
Islandia - Dade County 485
James, G.A. - application fee, Monroe County 480
Lawrence, R.A. - release denied 493
Matthews, J.R. - denial, Monroe County 94
Merry vs. Trustees - oil lease 376
Michel, J.F. - fee refund, Islandia 217
Murphy Act releases denied 517
Murphy Act, Guaranty Title Co., Mrs. W.A. Highsmith
Stewart Title Company 5
Neff, T.O. - refund, Monroe County 549
Neese, Jack - Murphy Act reservation 637
Nelson, V.T. - escrow, Martin County land 506
Parker, F.L. - land title failed, Sarasota County 122
Poynter, A.J. - denial, Palm Beach County 611
Pritchard; McLeod - release denied 623
R/W release denied 656
Real Estate Title Co. - Murphy Act 548
Riggs, CD. - application denied, Monroe County 494
8A3
Refunds (continued)
Rotolante, F.R. - release denied 279
Ruramell, Mrs. R.V7. - Brevard County application denied 464
Scharf Land Development - Monroe County 583
Shackleford, Farrior, Stallings & Evans 62
Taylor, C.J. - application fee, Monroe County 236
Thompson, K. 0. - denial, Monroe County 95
Thornhill, J.B. - release denied 35
Title Insurance Agency of Tampa - release denied 118
Young, J.D. - denial, Monroe County 95
VanSweringen, W.F. - sale denied 632
Regency V7est Apartments - dock permit 458
Regional Center, mentally retarded, Pinellas County 356
Register, M.V. - Caladesi Corp. - dredge permit 667
Rehm, G.S. - Dunedin, Caladesi & Honeymoon Isle 529,577,667
Reid, J.M. - Protest Biscayne National Monument 293
Reinert, R.O. - application, Monroe County 649,714
Reiney, CM. - Burgraan application, Duval County 471
Reinig, Marshall - dredge navigation channel 414
Releases - also see quitclaims
Golan, A.E. - public purposes, Monroe County 319
Gold, VThite & Vann - Indian River County 81
Holzer, O.A. - Brevard County 263
Key V/est
Public purposes 319
"Smathers Beach" parcel 590,615
Miami (Biscayne Yacht Club) municipal purposes clause 404
Rules amended ($15 Minimum) 188
Shell Oil Co. - Brevard County land 289
Southern Baptist Hospital 701
Vero Beach, City - deed clause 223
Rules & Regulations - also see Trustees Policies
After-the-fact lake permits, penalty charge 25
Rules amended 188
Processing fee for navigation channel permits, overage
payment; contractors 627-528
Quarterly report of operations of Trustees office 25
Reorganization
Act of 1969 608
Attorney for Trustees 408
Drainage Commissioners transferred Natural Resources 382
Reservations
Exchange reserved mineral interest 37
Oil & minerals clause 425
Resolutions - also see Trustees: Resolutions
Akima Mariculture 233
Aquatic Preserves concept 482
Biscayne National Monument 4,11-13,303-304,320,337-338
Coastal Petroleum Lease 248 cancelled 310-311, 321,322
Director Randolph Hodges salary 197
Division of Corrections - surplus U.S. land, Avon Park 330
Division of Corrections - U.S.H.E.W,, Polk County land 434
Hallandale beach restoration 619
J. N. Ding Darling refuge 287
Lakes - No B-lines nor permits 566-567
"Save Our Lakes" campaign 566-567,575-576,581,585-586
Oil leases & fresh water management 78-79
844 -
Resolutions (continued)
Parker, R.C. - resigning Director 163^164
Public projects - review plans 697
Revise June 2 Policy 732
Revolutions Southernmost Battlefields National Park, Duval 527
Sale or lease in the public interest 707
Trustees funds, center section of capitol 206
Trustees funds - working Capitol Fund 237
Williams, A.R. - retiretnent 130-181
Restrictions
Scheutz, Per A.O. - deed clause ■<r03-404
Rights of Way - also see Dedications & Easements
Central & Southern Fla . F.C.D. 357-358,368-369
Department of Transportation
Alachua County 247
Levy County 429
Pithlachascotee River Channel 285
Rich, W.J. - aquatic preserve. Gulf County 479
Richbourg, Clyde - doclc permit 545
Richland - dredge permit, Brevard County 599
Rickards, T.M. - corrective deed, M.S. Layfield 558
Riggs, CD. - denial, refund, Monroe County 486,494
Rimer sburg Coal Co. - dredge, Monroe County 660
Ripley, M.M. - quitclaim, Duval County 622
Ritchie, Mack - Jupiter Island beach nourishment 570
River land & C.F. Martin - dredge, Martin County 468
Riverside Garden Apts. - dock, Volusia County 392
Rizi, H.A.: Deuschel Con. Co. - permit, Broward Co. 741
Robert E. Lee Co. - permit, Hillsbourough County 358
Roberts, Emmett - Lake Okeechobee mining 271
Roberts, F. C. - quitclaim, Charlotte County 605
Roberts, R.E. - dock, Pinellas County 205
Roberts, R.F., Harris, L.D. - sale, Brevard County 740
Roberts, Wm. J.
Dade County B-line, South Biscayne Bay 685
Donarl of Florida - dredge, Dade County 194-195,670
Forrest, H. P. - application, Dade County 708
Jockey Club - sale, Dade County 361
Outdoor Resorts of America permit 646-647
Reinert, R. 0. - sale, Monroe County 714
Sapp, J. H. - boundary agreement, Pinellas County 650
Tobi, Elizabeth - permit, Monroe County 710,719
Trandel, Walter - defer application 95
Venture Out in America - bridge permits 567-568
Wallard, D.L. - application deferred, 333-334
Robinson, A.S.
Protest dredging, Pinellas County 666,682
South Pasadena, B-line 520
Robinson, J.C.: Stewart, C.R. - sale. Orange County 708
Robinson, Mrs. Jimmie - organized fishermen protest 126
Robinson, N.R. - dredge permit, Franklin County 216
Robroy Industries - dock, maintenance, Okaloosa Co. 152,226
Rock Mining Lease, Dade Co. 583,595,605,640,651,663,674
Rod & Reel Lodge Marina - Escambia County 315
Rogers, L.E. - protest Lake Swan fill 290
Roland, Mat - dredge, dock, Duval County 379,400,532
Romano, Mrs. Joe - Save Floridas Lakes 566-567,575,581,585-586
Rookery Bay Conservancy - aquatic preserve 489
845
Rooks, Ralph - protest aquatic preserve 479
Roscoe, John; Church of Christ - protest fill 476
Rose Printing Co. - bid, printing minutes Vol. 36 122,245
Rosenberg, C.H. - Seacoast Towers, dock 16
Rossman, N.A. - corrective deed, Brevard County 277
Rotolante, F.R. - release refund 279
Routa, Robert - conservation report, Dade County 417
Rowe, B.L. - Dunedin, Caladesi contract 76,577
Roy, Raymond - application. Palm Beach County 426,451,464
Rucker, V.H. - dredge channel. Highlands County 538
Ruggles, R.S. - lease, Dade County 309
Rummell, Mrs. R.W. - sale denied, refund 464
Runaway Bay Club - dock, Dade County 62
Russell, L.W. - dock. Lake County 222
Rutledge, Neil - Trustees' Counsels 470,628
Ruyle, R.G. - disclaimer. Palm Beach County 411
- S -
S.N. Knight & Sons - agriculture lease, Palm Beach Co. 30, 230, 278
S.P.J., inc. - sale & fill, Dade County 313,373,388
Sacher, C.P.: Danielson, R.E. - refund fee 529
Sailboat Key - easement - Dade County 735
Saint Augustine Beach South - sale. Dredge 522,572,634,644
Saint Augustine, City - sewer line easement 506,513
Saint Bernard Church - dredge channel. Manatee County 191
St. Elizabeth Gardens - release reservations 664
St. Joe Paper Co. - aquatic preserve, Franklin County 478
Saint Johns County
Aquatic Preserves 133,478
Boatwright's Marina - dock, dredge permit 154
Brown, L.A. - dredge permit 680
Bulkhead Lines 169,395,688
Florida Pov/er & Light - utility cables 680,696
Gateway Cable T.V. - dredge cable 415
Kirk vs Mays litigation 206
Murphy Act Sale 343
Ponte Vedra Shores - navigation channel 603
St. Augustine Beach South, sale, dredge 522,572,634,644
St. Augustine, City - sewer line easement 506,513
Southern Bell Tel. & Tel. - dredge permit 627
St. Johns River - Jacksonville Port Authority 461
St. Johns Riverside Estates - dredge 634
St. Lucie County
Aquatic Preserves 128,488
Arnold, Edson (estate of) dock permit 316
Beach Erosion District - dredge permit 444
Bulkhead lines 197,199,282,548,609,734
Burwell, R.W. - dock permit 140
Department of Transportation - dock permit 429
Erosion District - easements, dredging and
beach restoration 125,636,642
Estate Capital Development Corp. - dock 662
Fisher, Louis - dock permit 316
Fla. Power & Light Co. - dredge permits 193,215,731
- 846 -
St. Lucie County (continued)
Fort Pierce, City
B-lines 509
Corrective deed 558
Dredge permit 467,573
Easement, water line 106
Extend dedication provisions 107
Navigation beacons permit 627
General Development Corp. - navigation -channel 671
Holiday Out of America - sale, dredge, fill 266,334,359,569
Indian River Minerals - maintenance dredging 614
Iowa Land & Development - dredge permit 497
Jones, B.C. & D. Wilcox - dredge permit 515
Lydia Yacht inc. - dock permit 656
Outdoor Resorts of America - Nettles Island permit 646-647
Park Board - county land for museum 256
Port St. Lucie - easements, permit 227
Seeley Fish Co. - dredge & dock 297
Southern Bell Tel. & Tel. - cable 268
U.S. Corps of Engineers - erosion district 718
Windmill Village - dredge channe^ 655
St. Lucie Co. Erosion District - borrow easement 125,635,642
St. Lucie Inlet - Martin County channel 466
St. Lucie-Jupiter Co. - Martin County land 393
St. Lucie Marine - dredge permit 452
St. Lucie Village - aquatic preserve 488
St. Mary de Glavez - oil lease bid 9
St. Petersburg Beach - bulkhead line revised 589
S-. Petersburg, City
Dock, dredge 444-445,502
Dock & ramp 704
State office site 9
St. Petersburg Maritime Base, seav/all damage 196
St. Petersburg Printing Co. - bid 122
St. Petersburg Yacht Club - dock 458
Sailing Club Corp. - North Miami spoil island 539
Sales, Tom - aquatic preserve. Bay County 473
Sam Crowder & Red Smith Boat Landing - dredge, Leon County 204
Sandbar, Inc. - dock, Volusia County 205
Sandspur Island - Dade County 230
Sanford, City - land exchange 557
Sanibel Island - wildlife refuge 285-287
Santa Rosa Island 705
Santa Rosa Island /authority -
Dredge permit 314
Exchange 108
Santa Rosa County
Aquatic Preserves 135,478
Barba Investment Co. - dredge channel 221
B-lines, Interagency Report Tr3 159
Department of Transportation
Dredge permit, channel maintenance 234
Easement 525,735
Fill permit 520
Duncan, R.A. - dredge permit 671
Escambia Chemical Co. - dredge, dock 241,249,296
Escambia River Electric - easement 523
847
Santa Rosa county (continued)
Florida Gas Trans. Co. - pipeline easement 445
Geophysical Service - survey 694
Getty Oil Co. - oil lease assigned 629
Golden, Albert - dredge permit 154
Gulf Breeze, City
B-line 520
Sewer outfall, dredge 161,252
Hoffman, C.T. - dredge permit 253,662
Kahn, J.L. - dredge permit 612
Kobacker, J.M. - channel dredging 429
Live Oak Naval Reservation 669
Louisiana Land & Exploration 572
Policy, water quality 669
Reese, G.W. - dredge swim area 399
St. Mary de Galvez Corp. - lease bid 9
Squirrel's Tent City - dredge permit 366
Young, Anderson, Beall - oil lease 9,17,285
Watkins, D.A. - corrective deeds 264
Sapp, J.H. - boundary agreement, Pinellas County 650
Sarasota Bank & Trust Co. - filled land 229
Sarasota Cablevision - dredge permit 92
Sarasota-Charlotte cablevision - dredge permit 240
Saraaota, City
B-line 387
Dredge, marina 227
Install v;ater main 374
Lease agreement amended 440
Sarasota County
Baynard, R.S. - dredge permit 253
Bulkhead lines 55,344,435,590,707,722
Cable-Vue of Sarasota - dredge permit 51
Casey Key Water Association - dredge permit 544
Chambers & Fowler - dredge permit 498
Davis, V/.A. - dredge permit 531
Field Club - maintenance dredging 366
Field, H.P. - dredge permit 531
Fill permit for county 735
Fisherman's Cove - permits 154,731
Fla. Power &. Light Co. - dredge permit79, 117, 551, 569, 695-7, 742
General Telephone Co. - cable permit 328
Hidden Harbor Assoc. - channel permit 438
Lord, F.U. - land title 122
Lucci, M.M. - land sale 347,532,693
Mann, I.Z. - permit, dredge & fill 711
Mara Beach, inc. - dredge channel 504
Montgomery, W.T. - dredge permit 276
Panora Corp. - dredge permit 633
Parker, F.L. - refund 122
Piatt, D.D. - dredge, fill, dock 343,515
Potter, M. - dredge & fill 515
Sarasota Ban'c & Trust - filled land 229
Sarasota Cablevision - cable, dredge permit 92
Sarasota, City
B-line 387
Dredge marina 227
dredge & fill, beach nourishment 432
Lease agreement amended 440
VJater main 374
- 848
Sarasota County (continued)
Scheutz, Per A.O. - sale
Limited use clause 39-40,88,157-9,190,346,379,403-4,446,454
Schmidt, G.E. - dredge permit 645
Spalding, R.D. - disclaimer 439
Strickland, Jerald - dredge permit 400
U.S. Corps Engineers - corrective easements 277
Venice, City - annex application 109
W. Coast Inland Navigation District - spoil permit 28
Whitlack, J.H. - dredge permit 633
Yacht Club - dock permit 316
Satellite Beach - dredge channel 702
Saunders, G.F. - navigation channel, Pinellas County 496
Saunders, Gerald 75
Saunders, Robert - protest lake fill 290
Save Our Lakes - campaign 566-567,575,581,585-586
Sawtooth policy - Monroe County land 38,39
Sawyer, Frank - fill permit. Palm Beach County 602
Scharf Land Development - application denied 565
Scharf, R.E. - dredge channel, Monroe County 214
Scheb, J.M.:
Sarasota, City - bulkhead line 387
Sarasota lease agreement 440
Scheer, M.G.: Block M. Hudson Beach - dredge & fill 384
Scheier, K.F. - navigation channel, Volusia County 604
Schenley, W.J. - dock, Pinellas County 92
Scheutz, Per A.O. - sale, Deed Clause,
Sarasota Co. 39-40,88,157-159,190,346,379,403-404,445,454
Schmidt, G.E. - dredge, Sarasota County 645
Schmitt, A.G. - appraisal, Monroe County 104,112
Schoenfeld, F.K. - dredge, Citrus County 530
Schull, H.W.: Fla. Ind. Nav. Dist. - Sandspur Is., Dade Co. 230
Scott, B.J. - Lee County aquatic preserve 478
Scott, H.A.: Interpace Corp. - connect channel, Nassau Co. 670
Scott, R.C: Conti, H.R. - Middle River in Ft. Lauderdale 26
Scrivener's error in bulkhead resolution 363
Seaboard Coast Line Railroad
Cable permit, Glades County 146
Dredge permit 295
Seaboard Properties - dredge channel, Monroe County 432
Seabrook Cove - maintenance dredging, Duval County 652
Seacoast Towers Five - dock, Dade County 156
Seacoast Towers West Apartments - dock 16
Seadade Industries - Dade County b-line 209
Sea Farms - dock permit, Monroe County 476
Seagraves Service Center - dock, Duval County 124
Sea Island Apartments - dock, Pinellas County 67
Sea Pines, Inc. - dredge, Pasco County 154
Sebastian Inlet Commission - dredge channel 395
Sebastian Inlet District - easements, Indian River Co. 305,643
Secretary of State - also see Trustees
Adams, Tom - dredging navigation channels 187
Adams, Tom - Summerland Key litigation, Monroe County 182
Security Management & Sol Berger - disclaimer 619
Seeley Fish Co. - dredge & dock, St. Lucie County 297
Seismograph survey. West Florida water bottoms 694
Selman, J. A. - dredge channel, Monroe County 213
849 -
Seminole County
Birdsong, Mary Lou - m/a sale 279
Exchange deed - Board of Regents 424,430
Florida Power Co.rp. - Wekiwa Park Easement 418
Land exchange, Bd. of Education & City of Sanford 557-558
Lease, vVekiwa Springs Park 417
Oviedo, City of - land conveyance 183
Seminole Rock Products - rock lease bid 640,651
Seminole Sugar Corp. - lease, Palm Beach County 637
Sessions, Donald:
Beach, Bernard H. - conveyance, Volusia County 44
Leftwich, L.M. - conveyance, Volusia County 59-60
Seward Dredging Co. - dredge, Apollo Beach 407
Seymour, Malcolm - dredge. Palm Beach County 573
Shackleford, Farrior, Stallings & Evans - refund 62
Shalimar Yacht Basin - dredge permit 380
Sheehan, G.L. - remove fill. Collier County 504
Sheley, D.F. - sale, dredge, Monroe County 20,28
Shell lease income - see Conservation Bd. monthly reports 9
Shell Oil Co. - release, M/A land 289
Shelsky (Sam E.) Associates: VanBeuren dock, Monroe County 438
Shelter Cove Marina - dock, Escambia County 2
Shepard, W.C: Thomas, Eddie, application, Brevard Co. 631,707
Shepherd, D.M. - cable, dredge, fill 593,602
Sheppard, M.L. - dock, Escambia County 2
Sherling, R.P. - Lee County Electric Coop 339
Sherrill, F.w. - Squirrel's Tent City, camp, dredge permit 366
Shipley, Jerome - dredge & fill, Monroe County 643
Shivar, C.S. - capitol center property 5 99
Shocksnider, E.T. - Islandia application refund 486
Shore Towers (Gait Construction Co.) - dock, Pinellas Co. 255
Shore View (Gait Construction Co.) - dock, Pinellas County 255
Shrimp cultivation lease, Akima International, Bay County 42
Sibley, M.E. - Gables-by-the-Sea, dredge & fill
application, Dade County 364-365,371,389-390,416-417
Siderius, Roxie - navigation channel, Monroe County 689
Slices, Bob
Aquatic preserve. Bay County 478
Mariculture 232
Silver, Marjorie - Protest St. Lucie County Erosion
District plant 126
Silver Springs Ocala Co. - corrective deed 62
Simmons, J.W. & F.S. - capitol center property 599
Simmons, Rovelle - dock, Pinellas County 255
Simone, William - quitclaim deed, Monroe County 524
Singleton, Dan - dock, dredge permit, Duval County 153
Sissons, C.A.: United Telephone Co., cable, Lee County 306
Skeen, Robert - dredge, Pinellas County 221
Skytower on Daytona Beach - litigation 595-596
Slepin, S.M.
Aquatic preserve resolution 491
Brevard County litigation 218
Lake Geneva fill 407
Lake Swan fill, Putnam County 291
Slider, G.T. - Jenson Beach erosion protection 543
Smalley, H.E. - campsite, Dade County 709
Smart Set - dock, Pinellas County 46
Smith, A.H. - Islandia application refund 486
Smith (Carr) & Assoc: Key Biscayne Yacht Club 463
850 -
Smith, Gregg - dredge, cable, Palm Beach County 296
Smith, H.G. - quitclaim, Palm Beach County 433
Smith, Jim - Trustees' office, administration 354
Smith, J.S. - Fla. Keys Junior College 413,428,609
Smith, R.A. - quitclaim. Palm Beach County 433
Smith, Red, Boat Landing - dredge, Leon County 204
Smith, S.N.: Lost Tree Village Corp. - dredge & fill 455-456
Smith, W.H.: Escambia Chemical Co. - dredge, Santa Rosa Co. 296
Snider, W.M. - dock, Dade County 360
Soellner, R.R. - dredge permit, Monroe County 457
Sollohub, J.V. - Technical Advisory Committee on lake levels 617
Sommer, G.W.: Holiday Out of America - dredge, fill, St.
Lucie County 266,359
Sonderup, N.J. - capitol center property 598
Sorenson, Ben - land exchange, Nassau County 341
Soule Construction Co. - marina, Escambia County 672
South Dade Council Chamber of Commerce - bulkhead lines 209
South Florida Junior College, Avon Park, Trustees' Funds 81,419
South Lake Worth Inlet District - dredge 327
South Pasadena B-line, Pinellas Co. 324,518-520,560-562
South Pasadena Development Corp., b-line 519-520,561
South Pasadena Marina, Inc. - dredge, dock 562,646
South Seas Plantation - channel markers, Lee County 574
Southeastern Environmental Council
Reaquire submerged lands
Salt Marshes - Duval, Nassau Counties
Southeastern Fisheries Association - legislation
Southeastern Telephone Co.
Easement, Leon County
Cable permit, Okaloosa County
Southern Baptist Hospital - release & conveyance
Southern Bell Telephone & Telegraph
Broward County cable permit
Dade County - dredge permits
Duval County - easement & permits
Escambia County utility permits
Indian River County - dredge permit
Martin County dredge permits
Palm Beach County, easement, dredge
Permit
Putnam County - cable
St. Johns County - dredge permit (cable)
St. Lucie County - dredge permit cable
Volusia County - cable permit
Southport Park - dredge channel, Osceola County
Southwest Fla. Water Management District
Canal easements, Pinellas & Hillsborough Counties 318,545,550
439
446-447
575
639
338
366
734
209,685
614
47
446
446
606
717
102,262
701
635,737
6,44,170,349
121,122,731,737
338,709
710
146,215,626,737
15,235,621,737
646,703
655
627
268
102
475
Spalding, R.D. - disclaimer, Sarasota county
Spinner, G.P. - coastal wetlands & estuaries
Spitts, K.W. - dock, Pinellas County
Spoil Islands, use of
Sprowl, T.M.: Cocoa Beach channel maintenance
Squirrel's Tent City Camp Grounds, dredge permit
Stamos, George & E.J. - land sale, Dade County
Starnes, E.M. - Dade b-line
State Attorneys - Prosecute Trespassers
State Mental Health Facility - Dade County land
State Road Department - See Florida Agencies:
Department of Transportation
- 851
state School Trust Fund 435,460-461,480
Staton, Grant - campsite, Pasco County 660
Steiner, I.O. - fill permit, Olcaloosa county 729
Steiner, John - dock, Pinellas County 205
Steinhardt, Ray - Lake Worth Marina 259
Stephen Foster Memorial Commission loan 18
Stepp, V.G: Chaddock, R.E. - sale, Volusia County 592,642
Sterbens, S.R.: St. Gaudens Road dedication 524
Stevens, W.G. - bid on stockpile,
Monroe Co. 336-337,376-377,378,400-401,412,427,574
Stevenson, R.D. - campsite, Pasco County 660
Stevenson, V7.M. - campsite, Pasco County 660
Stewart, C.H. - Hillsborough Land sale, M/A 714
Stewart, C.R. - Orange County sale 708
Stewart, J.R. - Pinellas County b-lines 535
Stewart, R.L. - Pinellas County b-line. South Pasadena 560
Stierheim, Merrett R. 76
Stockham, W.H.: Yacht Club - dock permit, Sarasota County 316
"Stockpile" material, Monroe Co.
320,329,336-337,376-377,378,400,412,427,574
Stomire, L.C. - Pineda B-line, Brevard County 113
Stone, Bittel, Langer, Blass & Corrigan: W.P.M. Lease
Palm Beach County 278
Stone, R.B. - lake bottoms 441
Storm Harbor Marina - maintenance dredging 696
Strickland, Jerald - dredge permit, Sarasota County 400
Strock, A. v.:
Aiden, Inc. - dock, Broward County 156
Dredge material. Palm Beach County 428
Strode, W.C. - Field Club, Sarasota, Maintenance dredging 366
Stuart, City - Laurel Court, B-line 258
Stuart Land Development Co. - channel 679
Stuart Yacht & Country Club - dredge permit 366
Stubbs, S.A. - Boca Raton dedication 356
Sudbrink, R.W. - lease assigned, Dade County 445
Sullivan, R.O., B-line, dredge, Volusia County 363,367
Summer land Key Cove
Litigation report 517,525
Overfill, Monroe Co. 34,104,111-112,123,182
Summer lin, Astor; Organized Fishermen - protest erosion
project, St. Lucie County 125-126
Sumter County
Burnett, J.L. - channel dredging 400
Murphy Act sale, C.A. Kelley 705
Murray, P.F. - dock permit 161
Veal, James - dock permit 179
Suncoast Realty - channel. Manatee County 695
Sunland Hospital - electric line easement 47
Sun N' Lakes Estates - dredge. Highlands County 121
Sun Oil Company - oil lease advertisement 673
Sun Oil Company - oil & gas drilling lease. Collier County 2-3
Sunny Groves Park - dredge permit 327
Sunrise Realty - dredge, Monroe County 530
Sunset Beach Motel - dock. Highlands County 339
Sunset Realty
Application denied, Lee County 335
Dredge channel, Lee County 228,235
Sale, fill, Lee County 471,521
Surplus Houses of Florida Forest Service 269
- 852
Sutherland, J.H.: Gold, White & Vann - release 81
Suwannee County
Bourkard, Russell - log lease 36
Department of Transportation - rd. r/w, I-IO 567
Gregory, Donn - disclaimer 117
Murphy Act corrective deed 223
Suwannee River log lease, R. Bourkard 36
Swalm, Tod
Homestead Chamber of Commerce 685
Protest Biscayne National Monument 293
Swamp Act - state sovereignty lands 113
Swamp Land Selection agent ' 352
Swamp Land Selection - Duval Co. land withdrawn 466
Swan Lake - Putnam Co.; also see Carl Carnes 531-532
Swanson, R.B. - Swan Key, Dade County 520
Swartsel Groves - campsite, Pasco County 660
Swartsel Properties - land exchange 621
Swartz, D.G. - assign lease, Okeechobee County 203
Swartz, G.T: Jewett,Miller, Haskell & Hammond, sale, Lee
County 258,312
Sweeting, Abner - protest Biscayne National Monument 293
Swenson, Edward - Inter ama Authority 579
Sywetz, w.D. - dredge permit, Monroe County 544
Switlik, Richard - dredge & fill, Monroe County 601
- T -
Tackett Construction - dredge canal 298
Taff, Clayton - dredge, Franklin County 670
Tagarelli, A.D. - permit, Pinellas County 186
Tallahassee, City
Easements, Leon County 47,430,743
Florida A & M Hospital, lease, Leon County 743
Tampa Bay Engineering - dock permit 415
Tampa Port Authority - local law 606
Tanzler, H.G. - Jacksonville dock 66
Tapper, G.G. - Gulf County, aquatic preserve 479,492
Tarpon Springs - dredge permit 602
Tavares, City - wayside park. Lake County 330
Taylor, A.R. - corrective deed, Brov/ard County 498
Taylor, C.J. - refund fee 236
Taylor County, B-lines, Interagency Report ^3 169
Taylor Creek Fish & Hunt Lodge - lease 203
Taylor Creek Isles - dredge, Okeechobee County 398
Taylor, J.S.: Merritt Square - dredge & fill permit 162
Taylor, Judge Hugh - Summer land Key Court Order 525
Taylor, R.R. - dock, Pinellas County 67
Taylor, Robert - Technical Advisory Committee (lake Levels) 617
Technical Advisory Committee on fill 31,49,57-59
Technical Advisory Committee on Lakes 564,616,724
Teleprompter Corp. - dredge, cable 296,603,672
Temple Baptist Building Association, Sale,
Osceola County 610,648,668,676
Texaco Terminal - maintenance dredge 678
The Nature Conservancy - land exchange. Collier County 448
Thelan, A. A. - Titusville channel dredging 205
Thomas, E.D. - land sale denied - Brevard Co. 631,692,707
Tax lands 5,34,110,126,143,155,159,177,183,207,223,231,237,271
279,288,343,371,394,430,470,547,559,596,619,656,705,714,721, 732
738
853
Thomas, J. - Pahokee loan payments 97
Thomas, Lewis - Manatee County B-line 273
Thompson, E.R. - Maxon park, Walton County 162
Thompson, E.B. - disclaimer 106
Thompson, J.F., Allied Electric Company, bid on stockpile319, 336
Thompson, K.O. - denial, refund, Monroe County 95
Thompson & O'Neal Shrimp Co. - dock 469
Thompson, R.S., T-Craft dredge & fill, Brevard County 581
Thompson (W.S.) Company: West Valley Estates - dredge permit 551
Thorne, L.K. - deed deferred, Lee County 740
Thorhill, J.B. - refund, release denied 35
Tierra Verde
Objections to B-line, Pinellas County 75
Pinellas County - school site exchange 196
Tillis, C.R. - protest, fill. Palm Beach County 476
Tillman, J.K., Rep. - defer Venice annex 109
Tingler, C.F. - dredge & fill, Monroe County 242
Title Abstract & Title - refund, r/w release denied 118
Title Security Co.: Shell Oil Co. - release, Brevard Co. 289
Titusville, City
3-line reviev/ 642
Dredge channel 205
Dedication, fill permit 284
Titusville Ski Club - jump, ramps permit 194
Tobi, Elizabeth - dredge permit, Monroe County 710,719
Tolar, J.N. - Middle River bottoms. Ft. Lauderdale 26
Tom McCarthy Associates: Kohler, Walton - dredge permit 253
Tommer, E.J. - dock, Monroe County 690
Tomoka State Park - Maintenance dredging 671
Tooker, Dean - Martin County 76
Topographic Mapping - agreement to be negotiated 203
Topographic survey - U.S.G.3. agreement 216
Toppino Brothers - Summerland Key Cove report 526-527
Toppino (Charley) & Sons, Inc. - Summerland Key Cove, fill,
Monroe Co. 32-34,104-111-112,123,182,320,329,336,526-527
Toppino, P.C. - bid on stockpile, Monroe County 336
Town Motel & Marina - dredge permit, Franklin County 216
Tovmson, R.W. - dock, Monroe County 604
Trammel, J.H. - dock, Duval County 276
Trandel, Walter - defer, Monroe County 95
Trawick, H.P.: Longboat Harbour Apartments - dredge,
Manatee County 328-329,438
Treasure island
Beach, restoration, Pinellas County 106,216,589
Dredge permit 240
Mean high water line 68
Trespass on state lands 614
Trettis, T.T.: Sheehan, G.L. - remove fill. Collier County 504
Tri-County Engineering
B-line, Collier County 265,294
Collier-Read Company land 509-510
Dock, Collier County 268
Exchange of land 443
Marco Island Inn Properties - dredge & fill 252
Tringali Packing Corp. - dock, Lee County 62
Tripp, J. A.: Fairview, Inc. - dock, Dade County 457
Tropical Isles, Inc. - dredge, Monroe County 645
854
Trustees
cabinet rules
Committee
Appointed ^^^
Director named
Report on criticism 112,119,142
Review response to Randell charges 10
Drainage commissioners - transferred to Natural Resources 382
Erosion problems &. limited funds ^07
Field Note Section - record survey plat 195-196
Funds
Attorney General - pay 4 employees 32
499
Budget
Capitol Center
Advance, capitol plans & specifications 206
Capitol Center - Blood Bank property 354,381
Capitol Center - Dorian Building property 70
Ezell, Mrs. James, Nathaniel Harrison 109,279
James Maige property ^qaJtt
Land acquisition 26,288,598-599
Parking areas
Renovate building 480-498-499,533-534,744
Woodsand Corp. lots
commit funds, rebuild habitats Dumfoundling Bay iy5
Engineering service to check dredging 37,189
Fill Material Committee - expenses 31
Governor's Mansion & Capitol renovation 499,533-534
interagency Advisory Committee 300,608
InvastLnts "'"''"'' "''"t' !n«
Legal services 271,342,352,361,408
coastal Petroleum Co. - outside counsel 4bi
Kirk vs Mays ff - f *
O'Connor, D.M. - research expenses ^x^,'izo
Loans
Capitol Press area
collect payments
East central Fla. Reg. Plan. Council 1°
Fourth District Court Building 270
Interama - not repaid
Pahokee Breakwater
S. Fla. Junior College, Avon Park 80-bi
State office building, St. Petersburg 93
Stephen Foster Memorial
Mean High Water Committee 72
Aerial Photos
443
Broward County
Mortgage satisfaction, canal authroity ^46
Natural Resources, (Bd . Conservation) transfers 186,732
Pensacola Historical Commission 508,555
Release non-operating funds
Resolution - working capital fund ^"^^"aiq
South Florida Junior College ^^^
State school Trust Fund, 25% 460-461,480
541—542
Surveying contract =
U.S. coast & Geodetic Survey ^^^,:>^^
545
Shoreline mapping
547
U.S. Geological Survey
Use policy
Working Capital fund
855
Trustees (continued)
Information re permits for lake work 619
Litigation - Summerland Key Cove, Monroe Co. 111-2,182,525-27
Office
Calculator purchase 244
Elliot Building painting & repairs 32
Maps Se records 81
Minutes printing bids. Vol. 36 122-123,345
Printing, stationery & forms 163
Quarterly Report 25,119,207
Personnel
Director
Ap thorp, James W. 381
Hodges, Randolph - named director 148,197
Landrum, Ney C. 354,363,381
Parker, Robert C. 1,10,143,287-288
Field work 407
Increase staff; reorganization 89,393
Smith, Jim - administrative assistant 354
Vidzes, Fred
Acting Chief of Engineering 181-182
Chief, Engineering Section 352
Williams, A. R. - retirement 180-181
Policies, Rules & Regulations, also Permits - Policies
Administrative Rules adopted 516
Administrative Rules & Regulations - $75; no refund 546
Administrative Rules changes - appraisals, utilities, $L00 554
Administrative Rules, permit for utilities. 253. 12(Q fee 541
Administrative Rules, channel processing fee 627-628
Administrative Rules, amended -sales, permits, fees 188
Advertisements for sales 535
Agenda last before Cabinet 177
Aquaculture guidelines 418,425
Aquatic preserves 85-87,127,477,482-484
Navigation channels 508
B-lines & Interagency Reports
48-56, 73-78, 82-85, 165-169, 325, 342, 343
Counties to relocate 272
Permits, fills, land, sales, penalties 370
Dock permits; fees 64-65,228
100' from channel vessels 25' 65
Dredging in Perdido & Escambia Bays 669
Fill Material
Advisory Committee, rates, report 10,58-59
After-the-fact permits - lakes 25,64-65
Five members, not required to authorize advertisement 502
Lakes
After-the-fact lake permits penalty charges 25,64-65
Fresh water lakes problems 441,619
Lake Swan - unauthorized fill, Putnam
county 290,317,531-532
Lake Worth lands - suggestion to withdraw 571,584
Preservation; resolutions 566,575,581,585-586
Public interest 713
Lakes 724
Lease for agriculture purposes only 30
Marina license 613
Mean High Water Report 72,98,114
856 -
Trustees (continued)
Policies (continued)
Moratoriums 74, 76, 82-85, 100-101, 116-117, 120, 161, 165-166, 175
Navigation channels; moratorium 116-117,187,508,627-628
Offshore campsites 532-533,641
Penalties, July 1, 1969, guidelines 370
Philosphy, bulkhead lines & Moratoriums 83
Reclaimed la^ce bottom sales 554
Retirement Policy 558
Review public projects 697
Rules, fees, rates, after-the-fact lake
dredging 25,64-65, 185,188,424,541,554
Sale dates 202
Sales & lease only in public interest 706-707
"Sawtooth" land sales 38-39,52
Spoil easements for public works 17,20
State Attorneys' assistance 614
Tightening up of procedures 142
Trespass & fill penalties 334
Use of funds 743
Protest Caladesi permit 682
Resolutions - also see "R"
Akima Mariculture lease 233
Aquatic preserves 85-87,477,482-484
Biscayne National Monument 4,11-13,291-293,301-304,337-338
Coastal Petroleum lease cancelled 310-311,321-323
Director Hodges' salary 197
Funds - capitol plans 206
Funds - center section of capitol 206
J.N. Ding Darling Wildlife Refuge 286-287
Lakes 78-79, 566-567, 575-576, 581, 585-586
Oil leases & lakes management 78-79
Parker, R.C. - Director 163-164
Public projects - review plans 697
Revise June 2 Policy 732
Revolution's Southernmost Battlefields National Park 527
Sales only in the public interest 706-707
Williams, A. Rees - retirement 180-181
Working capital fund 237
State office site accepted, St. Petersburg 9-10
Trustees Members
Adams, Tom
Agricultural lease policy 30
Aquatic preserves, Estuarine areas 166
Capitol Center lots 26
Dredge operations in Florida Keys 112,119-120,123
Guidelines of July 1, 1969 370
Interagency Advisory Committee Report 73-74,76-77,82-85
Jacksonville B-line & dedication. Trout River 14
Jacksonville Port Authority - easement 19-20
Mean high water 82,98,114,136
Middle River submerged land title. Ft. Lauderdale 26
Moratorium 175
"Sawtooth" land sales 38,39,52
Christian, Floyd T.
Dredging in Monroe County 112,123
• Interagency Report #1 74,75,83-85
Jacksonville Port Authority 145
South Fla. Junior College, Avon Park 81
- 857
Trustees (continued)
Trustees Members (continued)
Conner, Doyle
Interagency Report #1, b-lines 77,82
Mean High water report 98,114
Subcommittee report 98,114,119,142,143
World's Beyond dredge application, Monroe County 137
Dickinson, Fred O, Jr.
Aquatic preserves hearings 128,139
Capitol center lots 26
Continental Con. Dev . dock application 124
Edelphi Builders fill permit. Palm Beach County 24
Interagency Report #1 77,84,85
Moratorium, 2-3 months 100-101
Subcommittee report 142
Faircloth, Earl
Advance agenda B-lines, sales 101
Aquatic preserves 127-128
Cabinet Subcommittee; mean high water report 98,114
Dredge, fill in Monroe County 104,111-112,123
Interagency reports. Moratorium lifted, private
property rights 74,76,78,83-85,165-166,175
Subcommittee recommends Director 148
Subcommittee report on criticism 142
Trustees Committee 143
Kirk, Claude R. Jr., fill operations in Fla. Keys 119-120
Williams, Broward
Capitol Center - Larson & Dorian Buildings 27
Discuss Trustees make-up 172
Moratorium on sale & fill 101,161
Study by Legislature; emergency cases 84
Submerged land sales or filling 94
Trustee's committee 143
Trustee's funds for parking area 588
Vacation Time; Holiday Inn - dredge, fill, Lee County 8
U.S. Coast & Geodetic Coop, agreement, mean high water 244
Trusty-Hulsander Corp. - dredge canal, Nassau county 261
Tucker, A.L. - dock, Franklin County 424
Tucker, Sam, Trustees funds, repairs Governor's office
and Mansion 498-499
Turknett, R.L.: Ponte Vedra Shores channel 603
Turlington, R.D.
Interama lands 580
Protest Lake Swan fill 290
Turnbull, T.T. -
Burkland-Berkovitz land, Pasco County 69
Papy & Toppino - settlement proposal 32-34
Summerlin Key Cove, settlement, Monroe County 104,111-112
Turner, D.T.: Allen Kirkpatrick - channel permit 391
Turner, R.E. - protest Dade County sale 557
Turville, E.A. - Tierra Verde school site, Pinellas County 196
Tutan, G.V. - Lease assignment, Dade County 309
Tyrrel, N.M. & Stella - protest Pinellas County B-line 624
- 858
- u -
Udall, S.L. - Biscayne National Monument 3,11
Uhls, C.E. - Lake material permit 654
Ulmer, Herman: North Shore Corp. - Jacksonville Port Authority 145
Union County
Department of Transportation - easement, borrow pit 195
Griffis, J.D. - M/A sale 690,697
United States
Air Force
Homestead Base - Helicopter pad, Dade County 263
Hurlburt Field, Maintenance dredging, Okaloosa county 268
Okaloosa County - channel dredging 398
Walton County - Eglin Base - pier extension 424
Army Coastal Engineering Research - Lee County 720
Army Corps of Engineers
Beach erosion control, Virginia Key 449
Brevard county - Saturn barge channel 1
Biscayne National Monument, acquisition 291-3,301-4,337-8,447
Biscayne National Monument, channels & spoil area 243,284
Caladesi & Honeymoon Island, Pinellas Co. 665-667,682
Canal Authority easements, Marion Co. 536
Coastal Petroleum, lease hearing, resolutions 270,310,322-323
Eau Gallie Harbor - easement, Brevard County 219
Erosion District - St. Lucie County 718
Franklin County, MATT System 643
Gulf Co., St. Joseph Sound, dredging 339
Hopper dredge, Lee County 616
Jacksonville Port Authority
Easement 16-17, 19-20, 21-22, 31, 146, 149-150, 236, 646
Lake Worth inlet channel 575
Lee County test piles permit 582
Maritime Base, St. Petersburg 196
Martin Co., easement, St. Lucie inlet 64,466
NASA - dedication, Brevard County 211,529
Okaloosa County - spoil easement 299
Palm Beach County spoil area easement 367
Pinellas County - spoil area P-28 330
Pithlachascotee River channel 285
Policy; Structures 100' from channel, vessels 25* 65
St. Joseph Peninsula road. Gulf County 259
St. Lucie County Erosion Control 125-126
Sarasota County corrective easements 277
Sarasota spoil area S-27 28
Department of Commerce
Coast & Geodetic Survey, cooperative agreement 203,244,342
Mean high water study 71,114,203,244,511
Shoreline mapping 546
Department of Interior
Biscayne National Monument 3,11,291,301,337,447
Dade County B-lines 684,686
Fish & Wildlife Service
Aquatic preserves 86
Caladesi - contract amendment 576
"Ding" Darling Refuge, Lee County 255,286
Sanibel Is., Ding Darling Refuge, Lee County 255,286
Wilderness Area, Indian River County 650
859
United States (continued)
Department of Interior (continued)
Geological Survey
Mapping & topographic survey 216,547
Water investigation funds. Chase Groves 62
Live Oak Naval Reservation 669
Federal Aviation Administration - Dade County lease 278
Federal Correctional Institution land 149
Health, Education & Welfare
Land to Broward County 687
Polk County land 203,330,434
Housing & Urban Development
Pensacola Historical Commission 508,555
University of Florida housing, Gainesville 499
Leon County road (surplus land) 541
National Park, Revolutions Southernmost Battlefields 527
Navy
Berthing facilities, Monroe County 592
Disclaimer, Monroe County 243
Dock permit, Jacksonville Naval Hospital, Duval County 8
Duval County - sewer outfall 449,452,668,676
Mayport, Air Station - dredge 140
Monroe County land sale 346,402,409-410,648
Outfall easement, Monroe County 658
Pensacola Air Station - dredge 327,405,422,431,445,530
Post Office Department
Fla. Tech University - agreement 108
University of South Florida 36-37
Public Works & Engineering Department, Pinellas Co. 106
Secretary of Transportation - Jet Port site 547
United Gas Pipeline - dredge, Escambia County 612
United Telephone Co. - dredge, cable, Lee County 306
Universal Automatic Marine Corp. - dock 432
Universal Marion Corp. - release 263
University of Florida
Agriculture Extension Service - road easement, Washington Col07
Coastal Lab. - caladesi dredging 666
Dedication for road, Alachua County 195
Foundation - housing lease 279
Graduate Engineering, W.P.B., power line easement 369
Housing facility - Alachua County 46,231,279
Kappa Alpha Assoc. - housing 351
Light Horse Unit land, Marion County 525
Nellie Swanson Fulk trust 500
University of Miami - dock permit & testing 476
University of South Florida - post office unit 36-37
University of West Florida - land exchange, Escambia County 108
- V -
Vacation Time - dredge & fill, Lee County 7,568
Valleybrook Developers - dredge permit 573
VanBeuren, M.C. - dock, Monroe County 438
Vance, J.W. - west Palm Beach, disclaimer 383
Vann, E.J. - release, Indian River County 81
Vansant, J. P. - Boca Raton, application 326
VanSweringen, W.F. - permit, Monroe County 741
- 860 -
Varnes, Cecil - litigation, oyster lease, Franklin County 454
Veal, James - dock, Sumter County 179
Venetian - disclaimer, dock, Broward County 149,604
Venice - annex application, Sarasota County 109
Venture out in America - dredge, Monroe County 495
Venture Out in America - bridge permit, Charlotte Co. 537-8,567-8
Vernon, R.O. - value of reservation 664
Vero Beach - release deed clause 223
Vidzes, Fred
Mean high v;ater report 72
Acting Chief of Engineering 181-182
Chief, Engineering Section Trustees office 352
Technical Advisory Committee chairman (lake Levels) 617
Villas Continental - dock. Clay County 457
Vining, J.B. - St. Gaudens Rd., Dade County 524
Vinyard industries - dock, Pinellas County 103
Virginia Key erosion control 284
Volpe, J. A. - jet port site 547
Volusia County
Anderson, F.L. - corrective deed 122
Aquatic Preserves 133,478
Beach, B.M. - land conveyance 44
Black, D.L. - conveyance 60
Blue Springs Condominium - dredge & dock 593
Bulkhead lines 363,722
Chaddock, R.E. - land sale 592,642
Cox, V.D. - conveyance 60
Edgewater, City - dock permit 255
Emerald Isle - dredge canals 262
Florida Board of Parks - dredge & dock 103
Florida Methodist Children's Home - dock 432
Florida Park Board
DeBary Mansion exchange 47
Hontoon Park 15,31,220
Florida Power Corp.
Easement, Hontoon Park 31,220
Power line permit, easement 15,269
Florida Power & Light Company
Dredge permit 328,360,415
Easement 210-211
Utility cable 681
Gonzalez, P.J. - land conveyance 22
Gregg, Gibson - dredge canal 453
Halifax Cable TV - dredge permit 248
Hall, T.G. - dredge material 627
Houten, J.V. - quitclaim 536
Interagency Report #4 197,200
Jones, H.N, - land sale 256
King & Doan - dredge channel 350
Leftwich, L.M. - conveyance 59-60
Merthe, W.B. - dredge permit 731
Oldaker, L.R, - navigation channel 604
Ormond Beach, City - dredge permit 328
Pandapas, G.J. & C.G. - deed, quitclaim 716
Ponce de Leon Inlet & Port - easement 635-636,642
Poussaz, P.M. - quitclaim 466
Riverside Garden Apartments - dock 392
Sandbar, Inc. - dock permit 205
Scheier, K.F. - navigation channel 604
861
Volusia County (continued)
Skytower on Daytona Beach - litigation 595-596
Southern Bell Tel. & Tel. Co. - cable permit 102
Sullivan, R.O. - dredge permit 367
Tomoka State Park - maintenance dredging 671
Wall, L.E. - sale reconfirmed 246
Williams (Ed) Fish Camp - dock 690
Zimmer, H.W. - quitclaim 107
- W -
W & H Waterways - navigation channel, Lee County 695
W.P.M., Inc. - agriculture lease. Palm Beach County 278
W.T. Edwards T.B. Hospital land, Hillsborough Junior
College site (Tampa) 375,418
Wacouta Corp. - application, Monroe County 689,740
Waddell, C.F. - dock. Bay County 476
Waddell, J.B. - Lake Worth marina 249,259
Wagner, D.J. - dredging, Escambia County 644
Wagner, Gordon: East Central Fla. Reg. Plan. Council loan 18
Wahlberg, T.L. - dredge & fill, Monroe County 660
Waiver, spoil area to city of Boca Raton 433
Wakefield, T.H. - Key Biscayne Yacht Club 557
Wakulla County
B-lines - Interagency Report #3 163
Crenshaw, Kornegay & Brewer - channel 400
Fla. Bd. of Parks - dock - Ochlockonee River 103
Lewis, Lester - dredge permit 214
Mobile Home Brokers - dredge channel 192
Walker, H.E. - permit, dredge - Glades County 694,709,719
Walker, J. Lorenzo 101
Walker, M.F. - dock, Escambia County 545
Wall, L.E. - sale reconfirmed, Volusia County 246
Wallace, H.E. - Technical Advisory Committee 617
Wallis, W.T.: East Central Fla. Reg, Plan. Council loan 18
Wallis, W.T. - mean high water committee 57
Walters, David - protest Biscayne National Monument 301-304
Walters, R.R. - Interama meeting 419
Walton County
B-lines, Interagency Report #3 169
Chamber of Commerce, artificial reef 515
County Commission - permit, pile markers 539
Department of Transportation
Corrective dedication 138
Dock & boat ramp 613
Easements 184,590,693
Geophysical Service - survey 694
Graham, Bessie - refund 309
Howe, A.C. - navigation channel 604
Maxon, L.G. - "Eden" park land 162
U.S. Air Force - pier extension 424
Wanzenberg, F.W. - core borings 41,588,669
Ward, H.J. - dredge & fill, Monroe County 711
Ward, Olan - oyster watch house permit 505
Wardlaw, J.H. - lake permit, Polk County 45
- 862 -
Washington County
County road easement 107
Department of Transportation - easements 629,740
Water Users Assoc. - oppose L. Ol-ceechobee dredging 79
Waterway Beach Condominium - dredge permit 582
V7atkins, D.A. - corrective deed 264
Watson Island refueling station, Miami 23
V7eaver, C.E. - capitol center property 5 99
Webb, W.H. - Bal Harbour dredge 1
Weber, CD. - dock permit 582
Weber, J.E. - DiVosta Rentals permit 476
Webster, R.C. - dredge permit, Monroe County 413
VJedgewood Enterprises - sale not confirmed, Brevard Co. 269,332
Weigel, M.D. - disclaimer. Palm Beach County 505,513
Weil, J.H. - Sailing Club Corp. 639
Weisenberger, Lillian - sale, Martin County 211,219,355
Weisser, L.N. - unauthorized dredging, L. Grassy 121
Wekiwa Springs Park - gas pipeline 512
V7elan Investment Co. - dredge & fill, Dade County 254,645
Wells, L.R. - permit renewal deferred 582
V7enner, Lee -
Hampton Homes Corp. - permit, Brevard County 45
Pineda B-line, Brevard County 113
West Coast Inland Navigation District
Corrective easement, Charlotte County 211,369
Sarasota County spoil area S-27 28
U.S. C.E. dredge, Indian Rocks beach restoration 330
West Florida - Hurrican Camille damage 554
West Orange Water Conserv . Assoc. - USGS funds 62
V7est Palm Beach
Disclaimer, marina 383
Flagler Drive; DiVosta fill 451
West Valley Estates - dredge, Lee County 495,551
Westinghouse Electric - dredge, Escambia County 504
Wetstone decision by Supreme Court 305
VThaley, E.M.
Cornu, Andre - Lee county land 610
Marsh, H.W. - sale, Lee County 542,638
^"^itaker Brothers - unauthorized dredging, L. Grassy 121
IThite, D.M.: CKG Joint Venture disclaimer 202
t^ite, P.J. - fill committee 10
t-Thite, W.R. - release, Indian River County 81
^■/hitehurst, Leon: Block M, Hudson Beach - dredge 384
VJhitlack, J.H. - dredge, Sarasota County 633
VJhitney Beach Condominium - Manatee County 704
Whitney, R.B.
Dredge, Lake County 473
Lake material permit 379
Whitson, E.S.: Hunt, George - dredge, Pinellas County 531
Protest dredging, Pinellas County 666,682
Wigglesworth, R.W.: V7ilson, J. P. A. - appl.. Levy County 355
Wilcox, Dewey - b-line, St. Lucie County 282
Dredge, St. Lucie County 515
V7ilderness Area, Pelican Refuge, Indian River County 650
Williams, A. Rees -
Interagency Advisory Committee, Report #1 49
Retirement resolution 180-181
863
Williams, Broward, State Treasurer, see Trustees: Members
Aerojet-General lease option 481
Biscayne National Monument 291,293,337-338,447
Islandia ov/ner's complaints 408
Manatee County B-line 274
Sales in the public interest 706
Williams, C.L. - campsite, Pasco County 729
Williams (Ed) Fish Camp - dock 690
Williams, J.H. - lake bottom problems 441
Williams, J.H. - Mariculture lease. Bay County 579
Williams, J.T. - dock, Martin County 242
Williams, R.G.:
Morgan & Cohen - fill permit, Dade County 212
Oleta River land 462
Wilson, Archie - S. Pasadena B-line 520
Wilson, Harold - protest dredging, Pinellas County 683
Wilson, J, P. A. - sale, dredge & fill. Levy County 355,426,651
Wilson, Lori - Pineda Causeway, Brevard County 677
Wilson, Margaret - corrective deed 369
Wilson, R.H. - contract, dredging, Pinellas County 576,666,683
Wilson, Russ - Hollandale beach restoration 619
Windmill Village - dredge, St. Lucie County 655
Winston Development - fill permit, Dade County 502
Wiseheart, M.C. and M.B. - dredge permit, Dade County 171
Wither s-Harshman - dredge. Highlands County 103,185
Witz, Leo - sale, fill, Dade County 90,251,312,502
Wolforth, J.B.: Lontz & Johnson - fill. Palm Beach County 422
Wollard, D.L. - penalty, Monroe County 267,333-334
Wollinka, J.E.: Nobbit, G.E. - no sale, Pinellas County 700
Wood, A.F. - estate development - dock 662
wood. Beard, Bell - St. Lucie beach erosion 444
wood, E.L. - P.M. Poussaz, quitcliam, Volusia County 466
Wood, E.A. - dock, Martin County 192
Wood, Thompson Development - protest sale, Sarasota County 88
V^oods, R.M. - dock, Pinellas County 161
Woodsand Corp. - capitol center lots 440
Working Capitol fund 236-237
World's Beyond - dredge channel, Monroe County 137,140
Wotitzky, Leo:
Cavanaugh Leasing & Cape Haze Corp. 490-491
Kesselring, C.E. - sale, Charlotte County 275,345
Wray, R.D. - dredge permit, Pinellas County 613
Wright, G.W. - Aerojet-General lease option 481
Wright, Houdaille - Duval, dredge. Clay County 504
Wurn, Lonnie - remove moratorium 75
Wyke, E.D. - land sale, Jefferson county 288
Wyman, D.W. - telephone cable permit 262
- Y -
Yacht Club - dock permit, Sarasota County 316
Yacht & Country Club of Stuart - dredge permit 366
Yonge, J.E. - sale denied. Clay County 449
Yospe, Sidney - corrective deed, Dade County 231
Yost, George - Aquatic preserve, Indian Lagoon 490
Youkey, R.V.: Lakeland dredge & fill. Lake Parker 350
- 864 -
Youles, F.C. - dredge, dock, Brevard County 451,476
Young, A.H. - maintenance dredging, Polk County 175
Young, Anderson, Beall - oil lease, Santa Rosa County 285
Young, G.F.: Sheen, Robert - dredge, Pinellas County 221
Young, J.D. - denial, refund, Monroe County 95
Young, J.M. - oil lease, Santa Rosa County 9,17,629
- Z -
Zacharias, Fredericlc - dredge channel, Lee County
Zanglein, Henrietta - sale denied, Monroe County
Zim, H.S. - land sale, Monroe County
Zimmer, H.W. - quitclaim, Volusia County
Zinn, Herman - land sale, Monroe County
661
39
625,675
107
43-44
865 -